INVESTAFUNDS (the “Platform”) is your online platform consisting of web and mobile sites and applications for investment in various mutual funds in the Philippines. It acts as an online intermediary between you as the investor and the chosen mutual fund company as the investee. The Platform is owned and operated by InvestaFinancial Inc. (the “Company”), a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines with office address at 8F RCI Bldg., 105 Rada St., Legazpi Village, Makati City, Philippines. The Company is duly licensed by the Philippine Securities and Exchange Commission as a Mutual Fund Distributor.

By creating an account on the Platform, you agree that an account with Investagrams shall automatically be created if you still do not have an account with the latter. Kindly visit Investagrams through the app or through the website www.investagrams.com for more information.

BY USING THE PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, WHICH INCLUDE THE PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. THUS, YOU UNDERTAKE TO PERIODICALLY VISIT AND REVIEW THESE TERMS AND CONDITIONS FOR ANY AMENDMENTS. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF THE AMENDMENTS WILL BE TAKEN AS YOUR ACCEPTANCE OF THE AMENDED TERMS AND CONDITIONS.

FOR CERTAIN SERVICES, YOU SHALL BE REQUIRED TO AGREE TO ADDITIONAL TERMS AND CONDITIONS. SUCH ADDITIONS SHALL FORM PART OF THESE TERMS AND CONDITIONS. IN CASE OF INCONSISTENCY, THE ADDITIONS SHALL PREVAIL OVER THESE TERMS AND CONDITIONS.

YOU LIKEWISE ACCEPT THE RISKS ASSOCIATED WITH THE USE OF THE PLATFORM SUCH AS SERVICE DISRUPTIONS, TECHNICAL FAILURES, NETWORK ISSUES, HACKING OF SERVERS, INTRODUCTION OF MALWARE AND OTHER SIMILAR INCIDENTS. THE COMPANY WILL EXERT ALL REASONABLE EFFORT TO SECURE ITS PLATFORM AND TO RESOLVE ANY OF THESE INCIDENTS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND TO THE CHANGES THEREOF, PLEASE DO NOT USE THE PLATFORM AND KINDLY EXIT IMMEDIATELY.

The Platform is exclusively for your personal use. You shall not in any way harvest any data or information from the Platform for non-personal use. Such use shall likewise be in accordance with relevant laws, rules and regulations of the government.

We are not under an obligation to provide any maintenance or customer support relative to your use of the Platform except those obligations arising from our license to distribute mutual funds.

We reserve the right to modify, suspend or terminate your access to the Platform and our contractual relations upon notice. In case of violation of these Terms and Conditions, the modification, suspension or termination of access shall be without notice. We likewise reserve the right to seek all remedies available under these Terms and Conditions, in law and in equity for violations of these Terms and Conditions.

In all cases of modification, suspension or termination of access and modification of our contractual relations, you shall continue to be liable for all outstanding obligations to the Company. Note that suspension or termination of access to the Platform does not trigger redemption of existing portfolio of mutual fund shares. Such redemption with the relevant mutual fund companies shall be processed through us upon your formal request through email.

We reserve the right to modify, suspend or terminate any part or all of the Platform, including information, content, good and service posted or offered thereon, at any time without prior notice subject to certain rights as may be provided in these Terms and Conditions.

The Platform contains materials which are owned, licensed or controlled by the Company, except for information obtained from you and third party providers. These materials include, but is not limited to, the logo, design, layout, look, appearance, texts, graphics, photos, sounds, music, videos, scripts and software. Non-personal use and reproduction of said materials and any derivative work therefrom in any format, digital or otherwise, for purposes of promotion, publication, display or distribution are prohibited without written permission from the Company. Such unauthorized use and reproduction may give rise to civil and criminal liabilities.

You are required to create an account to be able to use the Platform. The Platform allows only one account for each user. A user may be an individual (including sole proprietorship) or a company (including corporation, partnership and cooperative). If you are an individual, you shall have only one account which shall be created, administered and maintained by you. If you are an authorized representative of a company, the company shall have only one account which shall be created, administered and maintained by you on its behalf. As the authorized representative of the company and the actual user, these Terms and Conditions shall apply to you as they apply to the company you are representing to the fullest extent permitted by law.

You will be required to provide a username and password upon registration subject to certain requirements imposed by the Platform for better security and protection. You are bound to keep and protect the confidentiality of and not to disclose to anyone your username and password. We, however, understand that we cannot stop you from disclosing your username and password to other persons. The Company shall not be liable for any injury or damage caused by the intentional or unintentional disclosure of your username and password, and any transaction made using your username and password shall be valid and binding on you. In case of unauthorized use of your account or any other breach of security, you shall immediately notify the Company so that we can help you avoid or mitigate any injury or damage that it may cause.

You shall provide true, correct, accurate, complete and up to date information. You shall likewise immediately correct or update your information upon knowledge or discovery of error, mistake or inaccuracy. The Company shall not be liable for any injury or damage caused by false, incorrect, inaccurate, incomplete, or outdated information that you provided. You shall be solely liable for all obligations arising from and related to your account.

We reserve the right to require you to verify, update or provide additional information as we deem necessary to comply with all relevant laws, rules and regulations. We likewise reserve the right to delay or deny the access to the account or the processing of any desired transaction if we determine, through our sole discretion, that the identity and the authority of the person accessing the account or processing the transaction on the Platform have not been duly verified or confirmed.

We shall collect sensitive personal information for identity and account verification purposes in accordance with the requirements of the Securities and Exchange Commission (SEC), Anti-Money Laundering Council (AMLC) and/or Bangko Sentral ng Pilipinas (BSP). Failure to provide the true, correct, accurate, complete and up to date information and documentation may result in the delay or denial in the account registration and/or in the processing of any transaction on the Platform. Such delay or denial shall be determined and decided upon exclusively by the relevant mutual fund company or the Company.

We represent and warrant the following:

  • The Company is a duly registered and licensed corporation to operate and maintain the Platform as an online intermediary between you and the mutual fund companies.
  • The Company is the owner of the Platform and of each component thereof, or the recipient of a valid license thereto, and it has and will maintain the full power and authority to grant the rights to use the Platform without the further consent of any third party.
  • The Company has the full power and authority to enter into any transaction offered on the Platform, and to perform relevant obligations arising therefrom.
  • The Company complies with all the relevant laws, rules and regulations of the Philippines concerning the operation of the Platform.
  • The Company shall exercise reasonable care, prudence and diligence in the operation and maintenance of the Platform.

We represent and warrant the following:

  • You have the full power and authority to create an account with us and enter into any transaction offered on the Platform, and to perform relevant obligations arising therefrom.
  • You comply with all laws, rules and regulations relevant to you concerning the use of the Platform.
  • You provided true, correct, accurate, complete and up to date data and information.
  • You shall be responsible for keeping your account information, including your username and password, private and confidential.
  • You shall hold harmless, defend and indemnify the Company from all claims, actions, suits, charges and judgments whatsoever that arise out of your use of the Platform.
  • We make no warranties regarding the products and services offered by the mutual fund companies on the Platform as the Company is merely an online intermediary between you and the mutual fund companies. You shall enter into any transaction on the Platform at your own risk.
  • All contents provided on the Platform are provided on an “as is” and “as available” basis without warranties of any kind including, but not limited to, correctness, accuracy, completeness, timeliness, non-infringement, merchantability, or fitness for any particular purpose. You shall access and use the contents of the Platform at your own risk.
  • All contents provided on the Platform is intended to be used and must be used for informational purposes only and should not be considered as professional advice. You must seek independent advice from a professional.
  • We make no warranties as to the reliability, performance and security of the Platform as it depends on various factors including, but not limited to, the functions, capacity and configuration of your device, the speed of your internet connection, the number of users accessing the Platform, the performance of third party suppliers and providers of the Platform, and happening of events that are beyond our reasonable control. You understand and agree that we shall not be liable for any resulting delay, default or failure.
  • To the fullest extent permitted by law, we exclude all responsibility and liability arising from or in connection with your use of the Platform, including but not limited to, any actual or anticipated loss of profits, revenue, business opportunity, or monetary gain, and any indirect, special, consequential, punitive or exemplary damages even if we have been advised of the possibility of such damages.

All personal information submitted to us through the Platform or any other accepted means shall be subject to the Privacy Policy of the Company. The Privacy Policy shall form part of these Terms and Conditions, and you shall be bound thereby.

You understand that there are several instances when we may need to share some of your personal information to our affiliates, partners or third parties either for better Platform experience with your consent or for compliances mandated by law. We shall share such information on a reasonably confidential and secure way.

COMMUNICATIONS. All communications and notices between you and us shall be made through electronic means except for those instances where the law specifically requires otherwise.

NO WAIVER. We do not waive any right, power or remedy in connection with these Terms and Conditions if we delay or fail in exercising or enforcing our right, power or remedy.

SEVERABILITY. A declaration by any court or any other competent authority that any provision of these Terms and Conditions is illegal and void shall not affect the legality and enforceability of any other provision, unless the provisions are mutually and materially dependent.

GOVERNING LAW AND VENUE. These Terms and Conditions shall be governed by the laws of the Philippines, and any dispute arising from the use of the Platform or concerning these Terms and Conditions shall be brought exclusively before the courts of Makati City, Philippines.