TERMS & CONDITIONS (TERMS OF USE) — KOSHAM

Last Updated: 28-Sept 2025

Welcome to Kosham (the “Platform” or the “App”). Kosham is a technology-driven investment platform owned and operated by Garnar Technologies Private Limited (“Garnar”, “we”, “us” or “our”). PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR PLATFORM, SERVICES OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO READ THESE TERMS BEFORE PROCEEDING TO USE THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE KOSHAM.

Kosham’s mission is to make investing and portfolio tracking simple, transparent and accessible to users in India. We provide technology to discover, invest in, track and manage mutual funds and related investment products, in compliance with applicable laws and regulatory requirements (including SEBI regulations).

These Terms govern your relationship with Garnar Technologies Private Limited in connection with your use of Kosham, including the mobile applications made available on Android and iOS, the web interface (if any), and any related services (collectively, the “Services”).

1. Acceptance; binding contract

By creating an account on Kosham or by accessing or using the Services in any way, you accept and agree to be bound by these Terms (including all policies and documents referenced herein). If you do not accept these Terms, please do not use Kosham.

You represent and warrant that you are of legal age to form a binding contract under applicable law (in India, 18 years or older), or that you are the parent or legal guardian creating and maintaining the account on behalf of a minor in accordance with applicable regulations.

2. Definitions

In these Terms, unless the context otherwise requires:

  • “User”, “you”, or “your” means any person who accesses or uses the Platform.
  • “Account” means a user account registered on the Platform.
  • “AMC” means Asset Management Company.
  • “NSE” means National Stock Exchange (or other exchange/clearing entity where relevant).
  • “MFCentral” means any centralized record-keeping service (e.g., CAMS/KFintech consolidated services) we integrate with.
  • “Razorpay” or other named payment gateway means the third-party provider used for processing payments, where applicable.

3. Platform description & services

Kosham is a technology-first investment management platform that provides a combination of the following features (as applicable and as we choose to offer them):

  • Account registration and profile management.
  • KYC/eKYC and video-KYC facilitation as required by law.
  • Mutual fund discovery, purchase (lump-sum & SIP), redemption and related transaction facilitation.
  • Recurring investment (SIP) setup, editing and cancellation.
  • Portfolio consolidation and analytics (including data received from NSE, AMCs, and MFCentral).
  • Downloadable reports (e.g., capital gains) and investment statements.
  • Educational content: blogs, tutorials and help material.
  • Any additional services or features we may introduce from time to time
  • The scope and availability of Services may change at our discretion; when we introduce new services they will be governed by these Terms unless stated otherwise.

4. Account creation, registration & KYC

To use Kosham you must create an Account. For registration we generally collect:

  • Full name, phone number and OTP verification (for login).
  • Email address (optional/if provided).

KYC & eKYC (mandatory): To enable investment services as required by SEBI and other regulators, we will require completion of KYC. KYC may include collection of:

  • Full name (as per PAN/Aadhaar)
  • Date of birth and place of birth
  • PAN details
  • Aadhaar details (where required)
  • Bank account details including account number, IFSC and cancelled cheque photo
  • Nominee details (name, DOB, place of birth, % allocation)
  • Occupation and source of income
  • Address and identity proofs and any documents mandated by KYC utilities or regulators
  • Video KYC or other identity verification processes
  • You must provide accurate, current, and complete information. Failure to provide required KYC information may result in rejection of your registration or suspension of Account.

5. Eligibility & representation

By registering and using Kosham you represent, warrant and agree that:

  • All information you provide is accurate, truthful and complete.
  • You are legally capable of entering into binding contracts.
  • You will not use the Platform for any unlawful activity.
  • If you register on behalf of another person (including a minor), you have the legal authority to do so and to bind such person to these Terms.

6. Services — what you can do on Kosham

Depending on the features available to you, your Account may allow you to:

  • Discover and invest in eligible mutual funds (one-time and SIP).
  • Set up, edit or cancel SIPs (subject to the terms and cutoff times of the respective AMCs).
  • Redeem investments (in whole or in part) as permitted by the AMC and scheme.
  • View consolidated portfolios, returns and analytics.
  • Download statements and tax reports, including capital gains reports.
  • Receive investment related communications (transaction confirmations, regulatory notices, etc.).
  • Access educational content and tools.
  • If applicable, invest in any Portfolio Management Service (PMS) offerings we may provide — subject to separate agreements.
  • All transactions are subject to the terms and conditions of the relevant AMCs, mutual fund schemes, payment gateway, and applicable regulations. We do not promise that any particular transaction will be accepted or processed by an AMC.

7. Payments; commissions; refunds

No user fees: Kosham does not charge you a fee for creating an account or for investing via the Platform unless we expressly state otherwise. We may earn distribution fees, trail commissions or other compensation from AMCs and partners; these arrangements do not increase your transaction cost unless disclosed.

Payment processing: All payments for purchases of mutual funds are processed between your bank and the AMC via an approved payment gateway (for example, Razorpay). Garnar Technologies does not hold your funds.

Refunds / cancellations: Because Kosham itself does not charge transaction fees for investment services, there is generally no concept of refund to you by Kosham. If a transaction fails or is reversed by an AMC, registrar or payment gateway, refunds will be handled according to the applicable process of the AMC/registrar/payment gateway. For SIP cancellations, it is your responsibility to ensure that any auto-debit instruction is cancelled with your bank where required. Any request to cancel or modify transactions will be subject to applicable cutoff times and policies of AMCs and payment processors.

8. Use of information & privacy

We collect and use information as described in our Privacy Policy, which is incorporated into these Terms by reference. In brief:

  • We use profile and KYC data to open accounts, process transactions, comply with regulations, and provide personalized services.
  • We may share required user data with NSE, AMCs, MFCentral (CAMS / KFintech), payment gateways (e.g., Razorpay), and other third parties strictly to enable the Services.
  • We do not sell your personal information to advertisers or unrelated third parties.
  • Please review our Privacy Policy for more detail.

9. Permissions required by the App

To operate fully, the Kosham mobile app may request permissions on your device such as:

  • OTP SMS read (to auto-verify OTPs for convenience).
  • Camera & photo gallery access (to upload KYC documents and photos).
  • Any other device permissions required for functioning of the app.
  • You may choose not to grant certain permissions; however, lack of certain permissions may limit or prevent functionality.

10. Third-party services and links

Kosham may link to or integrate with third-party services (AMCs, exchanges, registrars, payment gateways, analytics providers). We are not responsible for the content, policies, or practices of such third parties. Any interaction with third parties is between you and that third party and subject to their terms.

11. Proprietary rights; license

Kosham and all related intellectual property, including software, content, designs, trademarks and logos, are and will remain the exclusive property of Garnar Technologies or its licensors.

We grant you a limited, non-exclusive, non-transferable license to use the Platform for your personal, non-commercial purposes, subject to these Terms.

You shall not copy, modify, distribute, reverse-engineer, decompile or otherwise attempt to derive source code or create derivative works based on the Platform.

You agree not to use Garnar’s branding, logos or marks without our prior written permission.

12. Acceptable use & prohibited conduct

You agree not to use the Platform in a way that:

  • Is fraudulent, illegal or violates applicable law or regulation.
  • Interferes with the security or integrity of the Platform or any third-party system.
  • Attempts to gain unauthorized access to another user’s Account.
  • Violates another person’s rights, including privacy or intellectual property.
  • Copies, distributes or uses the Platform in a manner that competes with Garnar or is intended for commercial exploitation.
  • Reverse engineers, modifies or attempts to access the source code of the Platform.
  • Violation of these rules may result in suspension or termination of your Account and legal action where appropriate.

13. Copyright infringement / takedown

If you believe that any content on the Platform infringes your copyright, please notify us with the following information:

  • A physical or electronic signature of the copyright owner or authorized agent.
  • Identification of the copyrighted work(s) claimed to be infringed.
  • Your contact information (address, telephone number, email).
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner or the law.
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

14. Disclaimers; no warranties

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GARNAR TECHNOLOGIES AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Investments are subject to market risks. Past performance of any investment or product does not guarantee future results. Garnar does not guarantee returns or the performance of any AMC or mutual fund scheme.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GARNAR TECHNOLOGIES, ITS DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF INVESTMENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole and exclusive remedy for any disputes or claims arising in connection with the Platform shall be as set forth in these Terms.

16. Indemnity

You agree to indemnify, defend and hold harmless Garnar Technologies, its officers, directors, employees, agents and affiliates from and against any claims, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) arising from or related to:

  • Your breach of these Terms;
  • Your misuse of the Platform;
  • Your violation of applicable law or the rights of any third party; or Any inaccurate or incomplete information you provide.

17. Termination; suspension

You may close your Account at any time in accordance with the Account closure process available in the App.

Garnar may suspend, restrict or terminate your Account if you breach these Terms, engage in fraudulent activity, or for any reason at its discretion (with or without prior notice), subject to applicable law and regulatory obligations.

Even after termination, we may retain certain information as required by law or for legitimate business purposes (e.g., audit, tax, regulatory compliance).

19. Changes to the Terms

We may modify or update these Terms from time to time. When there are material changes, we will notify you by email or in-app notification and update the “Last updated” date. Your continued use of the Platform after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree with the changed Terms, you must stop using the Platform.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Garnar may assign or transfer these Terms, in whole or in part, without your consent to any successor entity in connection with a merger, acquisition or sale of assets.

21. Governing law; disputes; dispute resolution & arbitration

These Terms are governed by the laws of India.

Dispute escalation: If you have a complaint, please contact our support at support@kosham.in and allow us an opportunity to resolve the issue.

Escalation steps:

  • Contact support at support@kosham.in
  • If unresolved, escalate to a Kosham senior executive.
  • If still unresolved, you may approach the consumer court having jurisdiction where you reside or Bengaluru, Karnataka.
  • Any dispute that remains unresolved after good faith attempts at resolution shall be finally settled by arbitration in Bengaluru (Bangalore), Karnataka, India under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru. The language of arbitration shall be English. For all purposes, courts in Bengaluru, Karnataka shall have jurisdiction.

22. No joint venture; no agency

Nothing in these Terms creates a joint venture, partnership, employment or agency relationship between you and Garnar. You do not have authority to bind us in any way.

23. Waiver; severability; entire agreement

Failure by Garnar to enforce any provision of these Terms will not be construed as a waiver of any provision or right.

If any provision of these Terms is held unenforceable, that provision will be severed and the remainder of the Terms will remain in full force.

These Terms, together with our Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Garnar regarding your use of the Platform.

24. Contact information

If you have questions, requests or notice of violations, you may contact us at:

  • Garnar Technologies Private Limited (ARN : 315158)
  • Email: support@kosham.in

25. Reporting violations

If you become aware of misuse or violations of these Terms, please report them to: support@kosham.in with full details, so we can investigate and take appropriate action.

26. Miscellaneous

Consumer rights: Nothing in these Terms limits any statutory rights you may have as a consumer under applicable law.

Translations: If these Terms are translated, the English version shall prevail in case of conflict.

Contact: Always refer to the contact details above for official communications.

By using Kosham, you confirm that you have read, understood and agreed to these Terms.