TERMS AND CONDITIONS FOR CONSOLIDATED PORTFOLIO SYNC & INFORMATION GOVERNANCE

These Terms and Conditions for Consolidated Portfolio Sync & Information Governance (“Portfolio Sync Terms”) supplement and are to be read in conjunction with the master Terms of Use of NU Investors Technologies Private Limited (“NU,” “We,” “Us,” or “Our”). By performing Consolidated Portfolio Sync through the Lemonn Platform, you (“You,” “Your,” or “User”) agree to be bound by these Portfolio Sync Terms, the master Terms of Use, our Privacy Policy, and all other applicable policies.

1. Limitation of Liability

1. Third-Party Availability & Performance: NU solely provides a technical interface to facilitate connectivity with your selected external broker (“Third-Party Broker”). NU does not control, operate, or guarantee the availability, functionality, uptime, or security of the Third-Party Broker’s platform. NU disclaims all liability for any downtime, technical glitches, or security events occurring on or originating from the Third-Party Broker’s ecosystem.
2. Data Accuracy: Any holdings statements, financial data, or portfolio information retrieved from a Third-Party Broker are ingested and displayed strictly on an “as is” and “as available” basis. NU does not independently audit, verify, or warrant the accuracy, completeness, or timeliness of such data. NU shall not be liable for any trading losses, portfolio discrepancies, or decisions made based on inaccurate or incomplete data received from the Third-Party Broker.
3. Independent Governing Terms: Your interaction with the Third-Party Broker’s portal, including account login and authentication, remains governed strictly by that Third-Party Broker’s independent terms of service and privacy policies. NU assumes no agency, representation, or liability regarding your access or relationship with the Third-Party Broker.

2. Privacy, Data Protection, and Statutory Compliance

In compliance with the Digital Personal Data Protection (DPDP) Act, 2023, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011:

1. Credential Security & Ephemeral Sessions: NU strictly does not collect, view, capture, or store your login credentials (including User IDs, passwords, PINs, or OTPs) for the Third-Party Broker. Any background session data utilized strictly to facilitate the automated download of your statement is temporary and instantly and permanently destroyed upon completion of the transfer or the session.
2. Explicit Consent & Purpose Limitation: Financial data retrieved through this feature is processed strictly for the explicit purpose authorized by you (e.g., verifying income proof for Futures & Options enablement or consolidating portfolio views). Your data will be handled in accordance with our Privacy Policy and will never be sold or shared with unauthorized third parties unless required under applicable law.
3. Right to Withdraw Consent: You retain the right to withdraw your consent for data processing at any time through your account settings. Withdrawal of consent operates prospectively and shall not affect the legality of any data processing performed prior to such withdrawal.
4. Data Erasure and Statutory Retention Mandates: You retain the right to request the deletion of holding statements uploaded to NU. However, where such data has been submitted and processed as income proof, risk management documentation, or regulatory KYC verification, NU is legally mandated under Securities Exchange Board of India (SEBI) regulations and the Prevention of Money Laundering Act, 2002 (PMLA) to retain these records for mandatory statutory periods (5 to 8 years). In such instances, complete system erasure will take effect upon the expiry of the mandatory regulatory retention window.

3. User Representations, Warranties, and Account Ownership

1. Lawful Ownership: You explicitly represent and warrant that You are the sole, lawful, and authorized owner of the account held with the Third-Party Broker. You are expressly prohibited from connecting, syncing, or attempting to fetch data from any account belonging to a third party.
2. Fraud and Misrepresentation: Any attempt to utilize this feature to submit forged, modified, or third-party holdings data to comply with SEBI or exchange-mandated income proof requirements constitutes financial fraud. NU reserves the right to permanently block your trading account, report the discrepancy to SEBI/Exchanges, and initiate legal action if such misrepresentation is detected.

4. Intellectual Property and Non-Affiliation

1. No Endorsement or Partnership: The display of any Third-Party Broker’s name, or trademark within the Lemonn application is strictly for identification and functional purposes under the principle of nominative fair use. NU is wholly independent of, and not affiliated, partnered, or associated with, any Third-Party Broker.

5. Indemnification

1. User Indemnity: You agree to indemnify, defend, and hold harmless NU, its directors, employees, and affiliates from any claims, penalties, regulatory fines, or legal actions (including actions initiated by a Third-Party Broker) arising directly from your unauthorized use of this feature, Your breach of a Third-Party Broker’s terms of service, or your misrepresentation of account ownership.

6. Modification and Suspension of Service

1. Right to Terminate: NU reserves the right to modify, suspend, or permanently terminate the Consolidated Portfolio Sync feature at any time, without prior notice, due to technical constraints, changes in SEBI/Exchange regulations, or at NU’s sole administrative discretion.

For any queries or clarifications, please contact our support team at [email protected].