Terms & Conditions

Legal Agreement

This document is a legally binding agreement between you and Winvesta Ltd. It regulates our provision of certain dealing services to you and includes important information about those services. We will provide our dealing services to you in Securities which we make available via the Winvesta Platform. Where we provide additional services to you, those services will be governed by separate terms which can be found on our website. This agreement will apply to you from the date that you open your Winvesta Account. We provide this agreement in English and will communicate to you in English going forward.

This agreement is governed by English law.

You should read this agreement carefully and ask for independent professional advice if anything is unclear or if you have any questions.

Default terms

Throughout this agreement, we use certain capitalised terms that have specific meanings as detailed below.

Available Funds” means the total amount of funds that you have available to buy Securities using the Winvesta Platform, as displayed in your Winvesta Account. These funds represent money that you have transferred from your bank account to the Broker’s client bank account for the purchase of Securities and/or money from the proceeds of selling Securities.

Custodian” means a bank or other third party appointed by the Broker from time to time to hold your Available Funds and/or Securities that you have purchased through the Winvesta Platform.

Cut-Off Time” means the time of day when we stop taking new Orders for processing that day. As this may be a different time for different markets, details of such times will be displayed on the Winvesta Platform.

Force Majeure” means any delay or interruptions in fulfilling our obligations under these terms and conditions if the circumstances are beyond our reasonable control or the control of any Service Provider. This includes problems with your telecommunications services, internet service provider, computer hardware and/or software, or difficulties in sending or receiving emails.

Loss” means any allegation, claim, cost, expense, damage or other loss of whatever nature, and howsoever arising.

Minimum Cash Balance” means the minimum cash that must be held as part of your Available Funds for the purpose of paying any fees, costs and/or charges owed to us.

Orders” means any instruction that we receive from you through the Winvesta Platform in which you request us to perform certain services, including an instruction to buy or sell a Security.

Securities” means shares, stocks, bonds or other types of instruments that can be bought or sold through the Winvesta Platform. These may change from time to time.

Service Provider” means the service provider nominated by us to provide services such as custody, bank account operation, or execution and clearing services.

Services” means the services that we will provide to you, as set out more fully in the “Our Services” section below through the Winvesta Platform.

Winvesta“, “we“, “our” or “us” means Winvesta Limited, our details are set out in the “About Us” section below.

Winvesta Account” means a personal record on the Winvesta Platform that will: (i) contain a summary of your Orders that you have placed using the Winvesta Platform; and (ii) display the amount of your Available Funds.

Winvesta Platform” means a customer user interface which enables you to submit instructions for the purchase and sale of Securities made available via our app or website.

When we use the term “including” or where we give examples, that does not mean that the specific items we mention are an exhaustive list or that we only mean those specific items.

About Us

Winvesta Ltd is an Appointed Representative of RiskSave Technologies Ltd with Firm Reference Number 919086 (“RiskSave”). RiskSave is authorised and regulated by the Financial Conduct Authority with FRN 775330. The FCA’s registered office is 12 Endeavour Square, London E20 1JN. Winvesta is a limited company incorporated in England (registration number 12133255), with registered address at 27 Old Gloucester Road, London, UK, WC1N 3AX.

As Winvesta is an Appointed Representative, RiskSave will be responsible for the Services provided by Winvesta. Further details about the authorisation of RiskSave and status of Winvesta can be found on the Financial Services Register.

Our Services

We will be performing certain dealing services in relation to Securities made available on the Winvesta Platform. Those services include arranging investments in Securities and arranging for the safeguarding of such Securities (“Services”).  We will provide our Services on an execution- only basis. This means that our Services are non-advised and so we will not provide you with any advice of any kind, nor will we in provide a view as to whether a particular Security is suitable for you. You are solely responsible for the decisions you make in relation to your Orders for the sale and purchase of Securities.

We will treat you as a retail client in accordance with the FCA rules, so that you will have the highest level of regulatory protection. You may request in writing a different client categorisation however we have the discretion to reject any such request.

As we do not provide execution services directly, we will transmit your orders to our third party broker – DriveWealth, LLC (“Broker”). The Broker will be responsible for the execution of your Orders for the sale and purchase of Securities. Details regarding the Broker and a copy of their terms and conditions which will govern their provision of services to you can be found at https://legal.drivewealth.com/customer-account-agreement. This is a separate agreement which you enter into directly with the Broker when utilising the Winvesta Platform’s services. Winvesta is not a party to any such agreement and has no control over its content. We cannot control the execution of your Orders once we transmit them to the Broker and there is no guarantee that either we or the Broker will accept your order.

We do not hold your Securities or money. The Broker will arrange for your Securities and money to be held in accordance with applicable law and will be responsible for keeping them safe. Please refer to the Broker’s terms and conditions for further information.

No investment or other advice

The Services that we offer are “execution-only”. We do not provide or offer any investment or other advice, including advice on the suitability of any particular investment or investment strategy. We do not offer tax advice. Please consult an independent tax adviser should you require any such advice.

You agree that, by using the Winvesta Platform, you are responsible for your own investment decisions and investment strategy and that you have sufficient knowledge and experience to make those decisions, taking into account the risks associated with investments generally or those specific to a particular Security. If you are unsure of any investment or investment decision, you should seek the services of a qualified and registered financial adviser before you proceed with the investment or decision.

You confirm that for every Order that you place through the Winvesta Platform, we will be entitled to assume that you have considered the risks and merits of the proposed Order and taken independent advice where necessary.

We may from time to time publish general or specific information or commentary on the Winvesta Platform, in the general press, through communications with you or otherwise. You agree that none of that information or commentary will ever constitute investment advice by us, and you should never treat it as such.

Placing Orders

You will be able to place Orders once you have set up a Winvesta Account. We do not accept Orders via any other method.

The Winvesta Platform allows you to buy or sell a specific number of Securities, or to set an amount that you want to spend on buying Securities (in which case you may own fractions of Securities).

It is your responsibility to ensure that your Orders are accurate and complete. We do not verify the accuracy of your Orders and you hereby agree that we may assume, at all times, that your Orders as submitted on the Winvesta Platform are correct and reflect your requirements.

You will bear all risk of sending Orders to us, even if they are incorrect or do not reflect your requirements. You acknowledge and agree that we may arrange for the execution of your Orders exactly as we have received them.

Confirmation of Orders

You will be able to access confirmation of each Order that you have placed through the Winvesta Platform, which will include a summary of the Order details. This confirmation will be displayed in your Winvesta Account and made available within a reasonable time after the Order has been executed. However, there are many reasons why you may not receive a confirmation (for example, if there is a system or communications issue, or if you are unable to connect). The fact that you may not have received a confirmation of your Order does not mean the Order was not placed.

We will provide you with a summary of all Orders executed and the associated costs each quarter.

Order Handling Policy

All Orders will be executed in accordance with our Order Handling Policy, a copy of which can be found here. By entering into this Agreement, you confirm that you have read and consent to our Order Handling Policy.

We accept Orders at our sole discretion and reserve the right to refuse to accept your Orders and/or to transmit them to the Broker for execution. We will use reasonable endeavours to notify you if we refuse to accept your Orders and/or if we decide not to transmit them to the Broker for execution, although there may be circumstances where we are unable or not allowed to do so, for example under certain applicable laws.

We will transmit your Orders placed through the Winvesta Platform to the Broker for execution in accordance with our Order Handling Policy.

Our Order Handling Policy may change from time to time and will be reviewed at least annually. Where we do make any changes to our Order Handling Policy, we will publish a revised version on our website. You will be notified of any material changes before they take effect. It is your responsibility to ensure that you have read and understood any updates to our Order Handling Policy before you place an Order.

Cancelling Orders

You can only cancel an Order before it is executed by the Broker and provided that the Order has not been partially filled (that is, where part of the Order has been executed by the Broker). Once you have inputted the details of your Order on the Winvesta Platform, you will be shown a summary of those details before you proceed with placing the Order. You will also be shown the price of the relevant Security and all associated fees, costs, taxes and other deductibles that you will need to pay in connection with the purchase of the Security.

It is important to ensure that you enter the details of your Order correctly and that you are willing and able to enter into a binding commitment to buy or sell a Security when you submit your Order.

Our fees and costs

The fees that we charge for the provision of the Services are described in a separate fees section on our website, details of which can be found at https://www.winvesta.in/pricing/. The Broker will deduct our fees from your Available Funds and settle them with us directly. The amount of our fees, as well as the nature of our fees, may change from time to time and we will provide you with 30 days’ notice of any such changes.

Before you proceed with placing an Order through the Winvesta Platform, you will be shown a breakdown of any fees that we will charge you in connection with the Order.

All additional fees related to the execution of the Order and the Winvesta Account are shown at https://www.winvesta.in/fees/. These may include charges imposed by the Broker.

If the amount of your Available Funds is insufficient to cover the full cost of an Order (including our fees, costs, taxes and levies and the cost of the Securities when you initiate a buy transaction) you will need to top up your Available Funds before you will be able to submit the Order. We may require you to have a Minimum Cash Balance and we will provide you with prior notice of any such amount that you will need to transfer for this purpose. Further information regarding transferring funds is set out below under the heading “Transfer of Funds”.

Pre-sale disclosure requirements

You should ensure that you are aware of additional fees and charges imposed by the issuer of Securities that you wish to buy, before dealing in those Securities including, for example, SEC and FINRA Trading Activity Fees which are regulatory fees charged on the sale of US traded Securities. These fees are automatically debited during the execution of an Order. Information regarding this will be made available in the relevant prospectus documents and on the websites of issuers. While Winvesta may facilitate access to this information (for example via links to the relevant documents from the Winvesta Platform), please note that we are not responsible for nor do we have any control over the contents of the information contained in those documents.

Links to Key Investor Documents or Key Investor Information Documents (“collectively, KID”), where available and required under applicable laws and regulation for certain Securities will be provided through the Winvesta Platform and will be available for you to review prior to placing an Order. By placing an Order for such Securities, you confirm that you have read the relevant KID and agree with its contents.

Risk warnings

You acknowledge and understand that we do not carry out any risk assessment before we allow you to use the Winvesta Platform or before we will act on your Order. You also acknowledge and understand that we do not perform any suitability checks with respect to any specific investment you may undertake on the Winvesta Platform.

Before trading in Securities you must ensure that you fully understand the risks involved. There are risks associated with investing generally and also specific risks attached to certain Securities (for example, liquidity and insolvency risks). Please read the risk section in the relevant prospectus or KID for each Security (if any) that you seek to invest in before placing an Order through the Winvesta Platform.

By using the Winvesta Platform, you acknowledge and understand that: (i) the Securities available to you through the Winvesta Platform may not be suitable for everyone, (ii) the value of your investments may go up and may go down, (iii) investment carries an inherent risk that you may lose some or all of the monies that you have invested; and (iv) your liability to tax is dependent on your personal circumstances and independent advice should be sought if required. Past performance of a Security is not indicative of future performance.

Investing in Securities may also give rise to currency risk. For example, where your Securities are denominated in currencies other than your default currency which you use to pay for the purchase of any Security, fluctuations in foreign exchange rates may impact your profits and losses connected to your trading in such Securities.

We take all reasonable steps to identify conflicts of interest (including any potential conflicts of interest) between us and our clients, or between one client and another, that arise through the provision of our Services. For further information, please get in touch with us.

Securities

The Securities that can be purchased or sold through the Winvesta Platform may change from time to time. Currently, the only Securities that can be traded through the Winvesta Platform are shares in listed companies on certain stock exchanges.

We may, from time to time, add to or remove from the Winvesta Platform, certain stock exchanges, specific Securities and/or types of Securities, and/or impose restrictions or limitations on certain Securities and/or volumes of Securities. This means the Securities that you will be able to invest in using the Winvesta Platform may change over time.

We do not guarantee that any specific Securities, types of Securities or stock exchanges that may be available at any given point in time will always remain available or accessible through the Winvesta Platform. If we remove a Security from the Winvesta Platform, it will mean that you will no longer be able to place buy Orders for that Security. Provided we are not prevented from doing so (for example, where trade in that Security has been suspended), we will allow you to place sell Orders in relation to any of that Security that you have purchased through the Winvesta Platform.

Transfer of Funds

In order to purchase Securities using the Winvesta Platform, you will be required to have sufficient Available Funds as displayed in your Winvesta Account to cover the full cost of the buy Order and any associated fees and charges. You will need to transfer money from your personal bank account to the Broker’s client bank account prior to placing your first buy Order. For any subsequent purchases of Securities for which you do not have sufficient Available Funds, you can either make an additional transfer from your personal bank account to the Broker’s client bank account or you can use the proceeds of any sell Order that you have placed using the Winvesta Platform.

Please click here for details regarding the Broker’s client bank account.

You will be responsible for any fees and charges that your bank or any other intermediary bank imposes on you in respect of any transfer of funds out of or into your bank account. Winvesta will not be responsible for any of those charges. For example, your bank may charge transfer and currency conversion fees for transferring funds to the Broker for the purpose of purchasing Securities.

You hereby confirm and warrant that you are the account holder of your bank account, that it is held in your own name, and that you are authorised, to transfer funds out of and, receive funds into, your bank account.

You may withdraw your Available Funds at any time, provided that you have sufficient funds remaining in your Winvesta Account to cover any of your open Orders which are pending execution. You may withdraw your Available Funds  by placing a withdrawal instruction through the Winvesta Platform. The Broker will then arrange for the transfer of your funds into your personal bank account. The transfer out of funds will also result in charges, details of which can be found at https://www.winvesta.in/fees/. Incorrect wiring instructions may result in chargebacks. Funds can only be withdrawn to the account from which you funded the Broker’s account.

Interest on Available Funds

Your Available Funds will not attract any interest, even if they are in credit. You acknowledge that the Broker may receive interest on your funds held by the Custodians and that Winvesta will be entitled to receive a portion of that interest from the Broker. You hereby waive your right to claim payment of any part of such interest.

Use of Custodians

We do not, as part of our Services, hold or offer to hold your Securities (including share certificates or similar instruments) on your behalf. We do not hold or control your money.

The Broker will use third party Custodians to hold your money (including your Available Funds) and Securities. We (and the Broker) will require those Custodians to hold your Available Funds and Securities in accordance with all applicable laws, including that all cash should be held in a segregated and designated client money bank account.

The decision as to which Custodians to use, including changes to Custodians, will rest solely with the Broker.

Your Securities

The Custodian that holds Securities that you have purchased through the Winvesta Platform will have legal title to those Securities and will hold those Securities in its name – in other words, the Custodian’s name will appear on all share registers that show who the owner of those Securities is. However, you will be the beneficial owner of those Securities – in other words, you are the ultimate owner of those Securities.

A person who holds Securities may from time to time be invited to cast votes in relation to the company whose Securities those are, attend meetings of those companies, subscribe for additional Securities and/or to take other actions, all on account of the fact that that person is a holder of those Securities. These are sometimes referred to as “corporate actions”. The registered holder of those Securities will be informed of these corporate actions (i.e. the Custodian in this case). As the beneficial owner of the Securities, you may be entitled to vote on corporate actions and /or instruct the Custodian (via the Broker) on how to vote. Any information concerning corporate actions will be sent to you by the Broker and where possible, will be made available via the Winvesta Platform. You hereby:

  • acknowledge and agree that we will have no duty to inform you of any corporate actions related to any Securities that are beneficially owned by you through the Winvesta Platform;
  • irrevocably waive your right to exercise any corporate actions that may instead be exercised by the holder of the Securities that you beneficially own through the Winvesta Platform,
  • agree that the Custodian may in its discretion act on those corporate actions as it sees fit (which may include not to take any action at all); and
  • acknowledge that you will not be entitled to vote on any corporate actions where you hold fractional Securities.

To the extent that your Securities entitle the holder to any proceeds (for example, dividends or interest in the form of cash) or to other benefits (for example, instruments issued by way of a rights issue) the Broker will, promptly after having been informed of those proceeds or benefits, use reasonable endeavours to collect those from the relevant Custodians and (i) credit your Available Funds with the amount of that dividend that pertains to your holding once the Broker has received those proceeds in cleared funds, or (ii) update our records to show the increased number of Securities held by you.

We are under no obligation to initiate or defend any legal action (including class action), join any shareholder action, or take any action with respect to your Securities (other than as set out above) that will require us to incur any expense – and we are not obliged to require any Custodian to do so – in respect of Securities that you have purchased through the Winvesta Platform.

Use of the Winvesta Platform

Investing through the Winvesta Platform is available to individuals only (and not companies, partnerships or other entities), who are over 18 years and who trade for their own account.

By using the Winvesta Platform, you expressly confirm and warrant to us as follows:

  • you are doing so in your personal capacity,
  • you will use our Services only for your own account and not for, or for the benefit of, anyone else,
  • you are over 18 years of age,
  • you will immediately stop using the Winvesta Platform if you are no longer doing so in your personal capacity, or you wish to use the Winvesta Platform for the benefit of someone else.

Winvesta will perform certain customer due diligence checks on you prior to providing you with the Services and access to the Winvesta Platform and, at our discretion, on subsequent occasions. You will not be able to Place an Order using the Winvesta Platform unless Winvesta has been able to verify your identity and source of funds. You acknowledge and agree that you will provide us with all necessary information which we may reasonably request from you for the purpose of verifying your identity. The Broker may also request additional information in order to conduct its own customer due diligence checks.

Confidentiality and data protection

Winvesta will take all reasonable steps to ensure that your personal information is handled securely and in line with our privacy policy, a copy of which can be found here. We will record and store all communications with you. Any personal information that we collect will be processed in accordance with our privacy policy. We may collect personal information for the purposes of conducting customer due diligence checks and may send any data (including personal information) that you submit via the Winvesta Platform to the Broker in order to provide our Services to you which include arranging for the execution of your Orders and for the safeguarding of your Securities and money. The Broker’s privacy policy can be found here.

Market data

The Winvesta Platform will display real-time or near real-time market data to you, including the then-current market price for various Securities. This data will be displayed on the Winvesta Platform exactly as we receive it from third party providers of that data. This type of data is subject to constant change and will be updated frequently. This data may be delayed, and should not be solely relied on for your investment decisions.

The market data displayed is highly confidential and made available to you on the condition that you will not use that data for any purpose other than in connection with sale and purchase of Securities via the Winvesta Platform. In particular, but without limitation, you hereby agree not to:

  • use any of the data that we provide for commercial purposes;
  • make that data available to any other person (whether for free or otherwise);
  • publish that data anywhere; or
  • provide access to that data to anyone else through your account.

Changes to our Services

Our Services and access to them through the Winvesta Platform may change from time to time. These changes could include, by way of example: (i) adding and/or removing certain features or functionality to the Winvesta Platform; (ii) changing the design of the Winvesta Platform; (iii) changing the way in which we deliver our Services through the Winvesta Platform; (iv) changing the systems that we use to deliver the Winvesta Platform; and (v) changing the third parties we use or rely on to be able to deliver the Services through the Winvesta Platform. This is not an exhaustive list of the types of changes that we may make.

We will provide you with 30 days’ notice of any material changes to our Services and/or the Winvesta Platform. You will not necessarily be notified of any immaterial changes before we make them, or before they take effect, so you should always make sure that the Winvesta Platform remains suitable to your specific needs and circumstances, and to stop using the Winvesta Platform if that is no longer the case.

If we do make changes and, as a result, we are no longer able to offer our Services and/or the Winvesta Platform to you, we will notify you of this (by email, through the Winvesta Platform or through other means) at least 30 days before the change takes effect.

Your right to use the Winvesta Platform will cease immediately and automatically from the moment that our Services are changed in such a way that we can no longer provide them to you. In such an event, we may freeze your access to the Winvesta Platform (which means that you will no longer be able to issue buy or sell Orders to us) and/or your Winvesta Account (please refer to the section on Consequences of Termination for further details).

Availability of the Services

While we aim to have the Winvesta Platform available without interruption, we cannot guarantee that it will always be accessible and available.

We may, from time to time, suspend the Winvesta Platform to perform routine or emergency maintenance or to upgrade or replace our systems. Where this is the case, we will use reasonable endeavours to notify you of any planned downtime, however we may not always be able to provide you with advance notice.

If the Winvesta Platform is unavailable for whatever reason, this may affect your ability to place an Order, cancel Orders before they are executed and/or otherwise send us instructions.

Technical requirements

The Winvesta app requires a smartphone or other device capable of internet connectivity (for example, a tablet) with sufficient memory, running an appropriate operating system. The Winvesta app may not function correctly if you are not running the latest version of your device’s operating system or if your device is outdated. If you choose not to install Winvesta app updates, or if you opt out of automatic updates, you may not be able to continue using the Winvesta app.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Account security

You are responsible for ensuring that your login and password details for accessing the Winvesta Platform and Winvesta Account cannot be accessed by third parties. We are entitled to assume that any instruction received by us through the Winvesta Platform is a valid instruction, issued by you – even if the instruction was issued by someone who gained unauthorised access to your Winvesta Account.

You must keep your login details and passwords that you use to access the Winvesta Platform and Winvesta Account, safe and secure and not allow any other person to know or obtain those details. If you have lost your login or password details, or you suspect your login or password details have been compromised, you should immediately inform us and change your details via the Winvesta Platform.

We recommend that you use appropriate, up-to-date security software and definitions to reduce the risk that your system will be susceptible to unauthorised access and intrusion.

You must install the latest version of any mobile applications that we publish from time to time. These updates often include improved security or fixes for recently discovered vulnerabilities.

We will take reasonable steps consistent with our legal duties to protect your Winvesta Account and secure it, however we are not liable for security breaches that may occur where we have complied with those obligations.

Suspension of access

We may suspend your access to the Winvesta Platform, Winvesta Account and/or the execution of any Orders before they have been executed, at any time and without notice to you, in exceptional circumstances, including: (i) if we have good reason to believe that you have not complied with this agreement; (ii) if we are required or requested to do so by any regulator, law or other authority; (iii) if we have good reason to believe that your use of the Winvesta Platform is harmful to us or our software, systems or hardware; (iv) if we have good reason to believe that your Winvesta Account has been compromised; (v) if we have good reason to we believe the Order did not originate from you or, if implemented, would contravene any applicable law, regulation or guidance; or (vi) if we have good reason to believe that our continued association with you would bring us into disrepute or cause us to breach any applicable law, rule or regulation.

We may also decide to close or suspend your access to the Winvesta Platform and Winvesta Account for other reasons. We would contact you through the Winvesta Platform at least 30 days before doing so.

Your general obligations

You agree that you will use the Winvesta Platform in accordance with all applicable laws and regulations at all times. You will, in particular, but without limitation, not:

  • engage in any practice that is considered to be market abuse;
  • use the Winvesta Platform or issue any instructions in connection with any attempt to launder money or avoid applicable sanctions against any person, company or country;
  • provide any false or otherwise misleading information in relation to your identity or personal circumstances that we request in order to provide you with access to the Winvesta Platform;
  • use the Winvesta Platform in an unlawful manner or for an unlawful purpose, in a manner inconsistent with these terms or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data into the Winvesta Platform or any operating system;
  • use the Winvesta Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
  • attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You agree that you are not, and will not become for the duration this agreement a US person for the purposes of residency or tax.

Termination

Winvesta and you are able to terminate this agreement by giving 30 days’ written notice of such termination. Such notice may be provided by email. Notice of termination will not affect any open Orders that have yet to be executed – we will continue to arrange for the execution of those Orders in accordance with the terms of this agreement.

Winvesta reserves the right to terminate this agreement in cases of inactivity for a prolonged period of time on 30 days’ notice. We reserve the right to charge you an inactivity fee if you don’t transact over a period of 6 months. We will provide you with 30 days’ notice before we charge an inactivity fee. Details regarding inactivity fees (including the amount) can be found on our website. We also reserve the right to terminate this agreement if the balance in the account falls below the Minimum Cash Balance.

We reserve the right to terminate this agreement in the case that you open a Winvesta Account but do not fund with the Minimum Cash Balance within 90 days of your Winvesta account being approved for trading.

The Broker reserves the right to take any action related to your Winvesta Account including, but not limited to, closing your Winvesta Account, liquidating assets in your Winvesta Account, or otherwise restricting your activity if the Broker, in its discretion, deems such action necessary to remain compliant with Applicable Law. In such a case, the 30 day notice period will not be applicable.

Consequences of termination

Prior to termination, you must submit Orders to sell any Securities that you have acquired through the Winvesta Platform and that you still own. The Broker will transfer any proceeds from the sale of your Securities to your personal bank account once the sale of the Securities has settled. The Broker may deduct all applicable fees, costs, expenses, taxes and other deductibles related to the sale of your Securities from your Available Funds, including amounts representing any fees, costs and charges that you owe us for our provision of the Services to you. The Broker will transfer any such amounts directly to us. The Broker will also transfer any remaining Available Funds to you prior to termination.

You may transfer your securities to another Broker should you choose to as a consequence of your termination. These may carry a charge as reflected at https://www.winvesta.in/fees/.

Once your access to the Winvesta Platform has been terminated, we will not accept any further Orders from you.

We may retain a copy of all records related to your Winvesta Account and Orders you have sent to us, in accordance with our data retention policies and otherwise as required by any applicable law or regulation.

Getting in touch with us

If you need to get in touch with us about anything, you can email us at support@winvesta.in. We do not currently offer a dedicated phone helpline.

We will do our best to respond to any emails as soon as we are able to, and aim to reply to all emails within five business days. However, there may be times when it takes us longer to reply to email, and sometimes emails get delayed or lost through no fault of ours, so if your query is urgent please use our chat function instead (or in addition to an email).

You can make a complaint by email at complaints@winvesta.in or via the Winvesta Platform. Your complaint will be handled according to our complaints handling policy, a copy of which can be provided to you upon request. We will investigate your complaint and endeavour to respond to you within three business days. Where we are unable to respond within this timeframe, we will acknowledge your complaint within five business days and will aim to complete our investigation within four weeks. We will then provide you with a written response.

In the event that you are dissatisfied with our response you may have recourse to the Financial Ombudsman Service. Their contact details are as follows:

Phone from within the UK: 0300 123 9 123

Phone from outside the UK: +44 20 7964 0500

Address: Exchange Tower, Harbour Exchange, London, E14 9SR

Further details and online complaint forms can be found here.

You may be entitled to compensation from the Financial Services Compensation (“FSCS”) Scheme. As we are an appointed representative, we are not a member of the FSCS. Our principal, RiskSave is a member and further details regarding the FSCS can be found here.

Changes to this Agreement

We may, from time to time, update or make other changes to the terms and conditions of this agreement. We will provide you with 30 days’ notice of any material changes, which may include notifying you by email or through the Winvesta Platform. If you do not agree with those changes, you should stop using the Winvesta Platform and terminate this agreement. We will assume you agree with changes to this agreement if you continue to use the Winvesta Platform after those changes have taken effect.

Liability

We will provide Our Services with due diligence and care but we do not guarantee the performance or profitability of any Securities that you purchase through the Winvesta Platform.

We will not be liable to you for any Loss which you may suffer that:

  • relates to the purchase and sale of any Securities which were Ordered and subsequently executed using the Winvesta Platform, including for any market movements in price between the time that an Order was placed and the time it was executed;
  • are business losses rather than personal losses;
  • arise from any act or omission caused by circumstances beyond our control, including unavailability of the Winvesta Platform caused by disruption to or failure of market infrastructure, communications networks or technology systems;
  • are caused by a third party, for example, the Broker;
  • arises from any Force Majeure;
  • are caused by your own failure to comply with your obligations under this agreement; or
  • are caused by any of our acts or omissions necessary under applicable law or regulation.

Nothing in this agreement limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) our own fraud; or (iii) Loss that we cannot limit or exclude under applicable law and regulation.

You agree that we will under no circumstances be liable for any: (i) consequential, indirect, incidental or special Loss; or (ii) economic loss, loss of profit, loss of business, loss of revenue or trading losses of whatever nature, in each case that result from or relate to your use of the Winvesta Platform, even if you have advised us of the possibility of such Loss.

Whole Agreement

This agreement constitutes the entire agreement between you and us, to the exclusion of any warranties, conditions or terms implied by applicable law.

Adherence to the Liberalised Remittance Scheme (Terms and Conditions for Indian residents only)

If you are resident in India, you (“Investor” as referred to below) agree to the following terms and conditions

By registering with, and/or availing services provided to the Investor through the Winvesta Platform, the Investor hereby agrees, understands, acknowledges and confirms that:

  1. The Reserve Bank of India (“RBI”) has provided the “Liberalised Remittance Scheme” facility vide A.P. (DIR Series) Circular No. 64 dated February 4, 2004 read with Government of India Notification G.S.R. No. 207(E) dated March 23, 2004, as a liberalization measure to facilitate resident Indian individuals to remit funds abroad for permitted current or capital account transactions or combination of both, issued by the RBI and/or the Government of India, as may be amended from time to time (“Scheme or LRS”).
  2. The Scheme is available to all Indian resident individuals, including minors, who are currently allowed to freely remit up to USD 250,000 per financial year (April-March) for any permitted current or capital account transactions or a combination of both. The Scheme is not available to corporates, partnership firms, HUF, Trusts, etc. The Investor confirms that he/she is an Indian resident individual, and not a corporate, partnership firm, HUF or Trust, etc. However, Winvesta only provides this service to those above the age of 18.
  3. The amount of funds which can be remitted outside India under the Scheme can be changed by Indian regulators from time to time, and hence prevailing at the time of remittance by the Investor will be subject to limits.
  4. The Investor confirms that all investments, divestments, payments, into and from the Investor’s offshore bank account through the Winvesta Platform shall be in accordance with the requirements prescribed for the LRS facility from time to time.
  5. Remittances by the Investor through the Winvesta Platform can be made in any freely convertible foreign currency.
  6. The Scheme is not available for capital account remittances by Investors to countries identified by Financial Action Task Force (FATF) as non-co-operative countries and territories as available on FATF website www.fatf-gafi.org or as notified by the RBI from time to time. Remittances directly or indirectly to those individuals and entities identified as posing significant risk of committing acts of terrorism as advised separately by the RBI to the banks shall also not permitted.
  7. The Investor acknowledges that the said limit of USD 250,000 per Financial Year (FY) under the Scheme also includes/subsumes made by the Investor remittances for the following current account transactions viz.:
    • Private visit to any country (except Nepal and Bhutan);
    • gift/donation;
    • going abroad for employment;
    • emigration;
    • maintenance ofclose relatives abroad;
    • travel for business or attending a conference or specialized training or for meeting expenses, or check-up abroad, or for accompanying as attendant to a patient going abroad for medical treatment/check-up;
    • medical treatment abroad;
    • studies abroad; and
    • any other current account transaction which is not covered under the definition of current account under Foreign Exchange Management Act (FEMA), 1999.

    which are available to resident individuals under Para 1 of Schedule III to Foreign Exchange Management (Current Account Transactions) Amendment Rules, 2015 dated May 26, 2015.

  8. In the event the Investor intends to remit foreign exchange exceeding USD 250,000 under the Scheme, the Investor is required to obtain prior permission from the RBI.
  9. LRS can be used for any permitted current or capital account transaction or a combination of both. The permissible capital account transactions by an individual under the Scheme are:
    • opening of foreign currency account abroad with a bank;
    • purchase of property abroad;
    • making investments abroad- acquisition and holding shares of both listed and unlisted overseas company or debt instruments; acquisition of qualification shares of an overseas company for holding the post of director; acquisition of shares of a foreign company towards professional services rendered or in lieu of director’s remuneration; investment in units of mutual funds, venture capital funds, unrated debt securities, promissory notes;
    • setting up wholly owned subsidiaries and joint ventures outside India for bonafide business subject to the terms & conditions stipulated in RBI Notification No. FEMA 263/RB-2013 dated March 5, 2013; and
    • extending loans, including loans in Indian Rupees, to non-resident Indians (NRIs) who are relatives as defined under in Companies Act, 2013.
  10. An Indian resident Investor cannot gift to another Indian resident, in foreign currency, for the credit of the latter’s foreign currency account held abroad under LRS.
  11. Remittances under the Scheme by the Investor can be consolidated in respect of close family members subject to the individual family members for capital account transactions such as opening a bank account/investment/purchase of property, if they are not the co-owners/co-partners of the investment/property/overseas bank account.
  12. The Investor is required to have a Permanent Account Number (PAN) issued by tax authorities in India for all transactions under the Scheme.
  13. The remittance facility under the Scheme is not available for the following purposes:
    • Remittance for any purpose specifically prohibited under Schedule I of the Foreign Exchange Management (Current Account Transactions) Rules, 2000 such as remittance out of lottery winnings; remittance of income from racing/riding, etc., or any other hobby; remittance for purchase of lottery tickets, banned / proscribed magazines, football pools, sweepstakes, etc.; remittance of dividend by any company to which the requirement of dividend balancing is applicable; payment of commission on exports under Rupee State Credit Route except commission up to 10% of invoice value of exports of tea and tobacco; payment of commission on exports made towards equity investment in joint ventures / wholly owned subsidiaries abroad of Indian companies; remittance of interest income on funds held in non-resident special rupee (account) scheme and payment related to “call back services” of telephones or any item restricted under Schedule II of Foreign Exchange Management (Current Account Transactions) Rules, 2000;
    • Remittance from India for margins or margin calls to overseas exchanges/overseas counterparty;
    • Remittances for purchase of foreign currency convertible bonds (FCCBs) issued by Indian companies in the overseas security market;
    • Remittance for trading in foreign exchange abroad;
    • Capital account remittances, directly or indirectly, to countries identified by the Financial Action Task Force (FATF) as “non-cooperative countries and territories”, from time to time; and
    • Remittances directly or indirectly to those individuals and entities identified as posing significant risk of committing acts of terrorism as advised separately by the RBI to the banks.
  14. An Investor who has remitted funds under the Scheme can retain and reinvest the income earned on the investments. As on date the Investor is not required to repatriate the funds or income generated out of investments made under the Scheme back to India. However, a Indian resident individual who has made overseas direct investment in the equity shares, compulsorily convertible preference shares of a Joint Venture/Wholly Owned Subsidiary outside India, within the LRS limit, shall have to comply with the terms and conditions prescribed by the overseas investment guidelines under Notification No. FEMA 263/RB-2013 dated March 5, 2013.
  15. Investors can also open, maintain and hold foreign currency accounts with a bank outside India for making remittances. The foreign currency account opened by the investor may be used for putting through all transactions connected with or arising from remittances eligible under the Scheme.
  16. Bank cannot extend any credit facilities to Indian resident Investors to facilitate capital account remittances under the Scheme.
  17. All other transactions which are otherwise not permissible under the Foreign Exchange Management Act, 2000 and those in the nature of remittance for margins or margin calls to overseas exchanges/overseas counterparty are not allowed under the Scheme.
  18. There are no restrictions on the frequency of remittances under the Scheme. However, the total amount of foreign exchange purchased from or remitted through, all sources in India during a financial year should be within the cumulative limit of USD 250,000 or such other limit prescribed from time to time. Once a remittance is made for an amount up to USD 250,000 during the financial year or such other limit prescribed from time to time, an Indian resident individual would not be eligible to make any further remittances under this Scheme, even if the proceeds of the investments have been brought back into the country.
  19. The Investor will comply with applicable tax laws in connection with the investments through the Winvesta Platform.
  20. The authorized person will require the Investor to make such a declaration and to give information as will reasonably satisfy him, that the transaction will not involve and is not designated for the purpose of any contravention or evasion of the provisions of the FEMA or any rule, regulation, notification, direction or order issued thereunder.
  21. The Investor agrees and acknowledges that the obligation to ensure compliance with relevant requirements under LRS is on the Investor and not on Winvesta or any of its affiliates.

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