Kern Finans ve Danismanlik Hizmetleri (“Financial Consultant ” or “the Company”) TR 012697], is a company incorporated in Turkey. Kern Finans ve Danismanlik Hizmetleri presently has its registered office at Ilkbahar Mah. 596 Sok. No: 55-5 Cankaya, Ankara, Turkey. These Terms and Conditions apply to Users. Kern Finans ve Danismanlik Hizmetleri owns and maintains the website i.e www.kernfinance.org  and Freecharge mobile application (the “Website”) and offers you access to and use of the Website and the opportunity to avail of the services offered on the Website on and subject to the Terms and Conditions set out below and elsewhere in the Website (hereinafter referred to as the “Terms and Conditions”).

In the event of any inconsistency between the Terms and Conditions and the Privacy Policy, the Terms and Conditions supersede the Privacy Policy. Any User of the Services is deemed to have agreed to the present Terms and Conditions and has entered into a legally binding contract with the Company. “User” or “You” means any person who access or avail Services. By accessing the Website or service and/or by clicking “I agree”, you agree to be bound by these Terms and Conditions and any amendment thereof.

  1. Description and Acceptance of Services

These Terms and Conditions read together with the Privacy Policy of this Website shall constitute a legally binding agreement between you and the Company regarding your use of the Website and any services offered by the Company. The Company, hereby offers you with access to information primarily about certain financial products/services including, but not restricted, to mutual funds (the “Services”). The above said  Services are provided on a commercially reasonably effort basis and you agree that your participation for availing the Services is purely at your will and consent.

Your continued usage of the Services and ancillary services from time to time would also constitute acceptance of the Terms including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.

You agree and authorize the Company to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value added services, in association with the Services or otherwise. You agree to receive communications through emails, telephone and/or sms, from the Company or its third party vendors/business partners regarding the Services updates, information/promotional emails and/or product announcements (“Alerts”). In this context, you agree and consent to receive such Alerts with respect to the deals, services and other facilities available on the Website.

Company will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services.

  1. Eligibility

You hereby represent and warrant to the Company that you are A Turkish or foregign resident and above and are capable of entering, performing and adhering to these Terms and Conditions and that you agree to be bound by the following Terms and Conditions.  In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the Terms and Conditions and to access, use and avail of the Services. If you do not qualify, please do not access or use the Services. This Website is intended exclusively for the use of resident of Turkish and Foreign.

  1. Conduct of Users

3.1 By agreeing to the Terms & Conditions, the User agrees the following:

  1. a) to have read and understood the contents of the offer document(s) / scheme information document and addendum(s) thereto of the respective scheme(s) and agree to abide by the terms, conditions, and the provisions of the scheme(s) as applicable from time to time.
  2. b) to have understood the details of the scheme and have not received nor been induced by any rebate or gifts, directly or indirectly, in making any investment.
  3. c) the Customer(s) hereby declare that the amount being invested by them in the scheme(s) of mutual funds are derived through legitimate sources and are not held or designed for the purpose of contravention of any Act, Rules, Regulations or any statute or legislation or any other applicable laws or any Notifications, Directions issued by any governmental or statutory authority from time to time.
  4. d) to confirm that the details provided by the User(s) are true and correct.

3.2 You shall not

  1. a) Restrict or inhibit any other person from accessing, using and enjoying the Website and/or Services;
  2. b) Use the Website and/or Services for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions; modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, facilities, products or services obtained on or through the Website and/or Services, except as permitted by the copyright owner or other right holder thereof; post, transmit and receive any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute sedition, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law; post, transmit any spam mails, information or software which contains a virus, Trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website and/or Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
  3. c) Attempt to decompile or reverse engineer any of the software available on the Website.
  4. d) You will not make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if you become aware of any shortcoming in the security on the Website you shall forthwith inform Accelyst of the same in writing.
  5. Scheme document/ Offer document

For information regarding a fund’s investment objectives, load, expenses and risk considerations, please download the offer document/scheme document from the respective Mutual Fund’s website or the link, if provided on this Website. Please read the offer document carefully before investing.

  1. Risk Factors

Investments in mutual funds and securities are subject to market risks and the schemes may fluctuate depending upon the factors and forces affecting the securities market including inter alia fluctuations in the interest rates. There can be no guarantee that a scheme’s investment objectives will be achieved. All dividend distributions are subject to the investment performance of the schemes. The investments made by the schemes are subject to external risks.

  1. Disclaimers

6.1 This Website is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Website should be construed as a recommendation, by Kern Finans or any third party, to acquire or dispose of any investment or security, or to engage in any investment transaction. Except as otherwise specified, you alone are solely responsible for determining whether any investment, security or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a legal or tax professional regarding your specific legal or tax queries. Access and use of the Website and Services is entirely at your own risk. The Website, including any content or information on it, any related or linked site, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website are provided “as is,” without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness. Specifically,

6.2 Kern Finans disclaims any and all warranties including, but not limited to –

  1. a) Any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, products or services and
  2. b) Any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.
  3. c) Kern Finans has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with Kern Finans. Kern Finans does not, in any way, certify or warrant the performance, operation, content or availability of the Website or such other websites. Although Kern Finans adopts security measures, which it considers appropriate for the Website, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Website. Services under these Terms and Conditions is neither a solicitation to invest in any product nor to avail of a particular service. Kern Finans  operates and offers the Services strictly on a no-liability basis and Kern Finans shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other law or theory arising out of or in connection with the Website, products or services mentioned or advertised on or accessed or availed on or through the Website or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence) or resulting from the use of or inability to use, access or avail of the Website, any service or product or out of any breach of any warranty. Under no circumstances shall Kern Finans be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by you or any other person. If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of Kern Finans to you shall not exceed the amount of fees paid by you to Kern Finans for the products or services that you have ordered or availed of on or through the Website. Any search results displayed by or on the Website are automated and cannot be screened. Accordingly, Kern Finans assumes no responsibility for the accuracy or otherwise of any search results or of the content of any site included in the search results or otherwise linked to the Website. A possibility exists that the Website could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions or alterations could be made by third parties to the Website. Although Kern Finans attempts to ensure the integrity of the Website, they make no guarantee whatsoever as to its sequence, timeliness, completeness, correctness or accuracy. In the event that such an inaccuracy or incompleteness arises, please inform Kern Finans so that it can be corrected. Links from the Website clicking on certain portions or links within the Website might take you to other websites without any intimation or indication of doing or having done so. The linked websites are not under the control of Kern Finans and Kern Finans assumes no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise. Kern Finance also does not represent or warrant that these links shall operate satisfactorily. Kern Finans provides these links only as a convenience and links to external web sites do not constitute an endorsement by Kern Finans  of such other sites, the sponsors of such sites or the content, products, advertising or other materials presented on or by such sites. Kern Finans shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites or reliance on or availing of any content, goods or services available on such other sites. For informational or educational purposes, or as a convenience to the users, the Kern Finans Website may provide referrals to third party content or links to third party websites, including companies that have a relationship with Kern Finans. Our decision to provide referral information to a third party or to pass on an offer made by a third party or to provide a link from Kern Finans Website to a third party website shall not be construed as an endorsement of the third party products, services, content, tools and information. You will use third-party content at your own risk.
  4. Proprietary and Intellectual Property Rights

Kern Finans is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website. All rights on the Website are reserved and you may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of Kern Finance except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits Accelyst or Partners.

  1. Authority to Kern Finans

You irrevocably and unconditionally authorise Kern Finans to access all information relating to you (including personal information and information relating to access and use of the Website by you and the transactions entered into by you). Subject to the Privacy Policy, all information submitted on or via the Website shall be deemed to be and remain the property of Kern Finans and the Partners; and Kern Finans, the Affiliate Partners shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information you may provide to or through the Website. Kern Finans, the Partners shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with you. Kern Finans shall be deemed to acquire from you a non-exclusive, world-wide, perceptual, irrevocable, royalty free licence to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in any information provided by you to or through the Website.

  1. No Agency

The Terms and Conditions and your use of or access to the Website are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the Website, Kern Finans, any Partner or any Insurance company, except where otherwise specifically agreed or appointed.

  1. Indemnity

You agree to defend, indemnify and hold Kern Finans, its directors, officers, employees, Affiliates Partners, and Content harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys’ fees, arising in any way from any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences between you and any supplier.

  1. Termination

You acknowledge and agree that Kern Finans may, without notice, suspend or terminate your ID, password or account or deny you access to all or part of the Services and/or Website without prior notice if you engage in any conduct or activities that Kern Finans in its sole discretion believes violate any of the Terms and Conditions, violate the rights of Kern Finans, or is otherwise inappropriate for continued access.

  1. Governing Law & Jurisdiction

The Website, the Services, the Terms and Conditions, all transactions entered into on or through the Website and the relationship between you and Kern Finans shall be governed by and construed in accordance with the Laws of Turkey and Laws of European Union. You and Kern Finans agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms and Conditions, any transactions entered into on or through the Website or the relationship between you and Kern Finans shall be subject to the exclusive jurisdiction of the competent courts located in the city Ankara, Turkey and EU and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if Kern Finans so thinks fit Kern Finans may institute proceedings against you in any other court or tribunal having jurisdiction. Kern Finans accepts liability direct or indirect for non-compliance with the laws of any country in EU.

  1. Notices

Kern Finans may give notice to you by e-mail, letter, telephone or any other means as Kern Finans may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to Kern Finans by you in writing by delivering them by hand or by sending them by post to Kern Finans’s address mentioned on the Website.

  1. Grievance Redressal

Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed in writing to Grievance Officer of Kern Finans at the registered office of the Company.

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