Welcome to Fidelity Matters Consulting ("FMC", "we", "us" or "our"). By accessing or using the Fidelity Matters Consulting website, you agree to comply with these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the website.
Fidelity Matters Consulting is the trading name of Nipesh Prataprai Mehta, a sole proprietor with his principal place of business at 2004, 20th Floor, Tower 8, Salarpuria Sattva Divinity, Pantarapalya, Mysore Road, Nayandahalli, Bengaluru – 560026, Karnataka, India.
These Terms apply primarily to general website use and do not, by themselves, create an engagement for the provision of professional or commercial services.
Where Fidelity Matters Consulting provides services to a client under a signed Master Services Agreement, together with its Statements of Work and Schedules (including data-processing, security and service-level schedules), or another signed written agreement ("Service Agreement"), that Service Agreement is the entire agreement for the client engagement. These Terms do not form part of the Service Agreement and do not amend it. If these Terms are inconsistent with a signed Service Agreement, the Service Agreement prevails.
Fidelity Matters Consulting provides back-office administrative, operational, data-processing, document-management, practice-support and related business support services to businesses and organisations.
Depending on the engagement, services may include administrative processing, data entry, document preparation and formatting, information collection and presentation, workflow support, records administration, practice-management support, and other agreed operational services.
The specific services provided to a client are determined by the applicable Service Agreement, Statement of Work, service schedule or other agreed scope.
Regulatory Disclaimer:
Fidelity Matters Consulting does not warrant or represent that any service, process, document or deliverable will satisfy the regulatory requirements of any particular jurisdiction or receive approval, acceptance or endorsement from any regulator, licensee, principal, professional body or other authority. The client remains responsible for obtaining any professional, legal, regulatory, tax or other advice required in connection with its use of the services.
Fidelity Matters Consulting is an independent administrative and operational support provider.
Fidelity Matters Consulting is not licensed, registered or authorised as a financial adviser, investment adviser, broker, dealer or representative of any of them in any jurisdiction, including Australia, India, the United Kingdom, the European Union and the United States. In particular, it is not an Australian Financial Services Licensee (AFSL), is not an authorised representative of an AFSL holder, and is not a SEBI-registered investment adviser.
Fidelity Matters Consulting does not provide personal or general financial product advice, investment recommendations, financial product dealing, legal advice, tax advice, accounting advice, or other regulated professional advice.
Where services support financial advisers, planners, wealth-management businesses or other regulated organisations, any regulated decision, recommendation, advice, approval, transaction authority, suitability assessment or final client-facing determination remains the responsibility of the appropriately authorized client or practitioner.
Administrative preparation of documents, including the population or formatting of records of advice or equivalent advice-implementation documents (however described in the client's jurisdiction), review tables, client correspondence, forms or other practice documentation, does not constitute independent financial advice or approval by Fidelity Matters Consulting.
Where a deliverable requires professional, regulatory or client-specific judgement, the relevant authorized client or practitioner is responsible for reviewing, verifying, approving and, where required, signing or issuing the final deliverable.
Commercial Use: The Fidelity Matters Consulting website and services are intended primarily for legitimate commercial and business use by businesses, professional practices and organisations.
Accuracy of Materials: Clients and website users are responsible for providing accurate, complete and lawfully obtained information required for service delivery. A client must ensure that personal information or other confidential information provided to Fidelity Matters Consulting has been lawfully collected and may lawfully be disclosed, accessed, transferred or processed for the relevant purpose.
Prohibited Conduct:
A person must not:
By using the website, you represent that you will use the website only for lawful purposes and will not use it in a manner that could damage, disable, overburden or impair the website or interfere with another person's use of it.
Where Fidelity Matters Consulting provides services to a client, the client is responsible for:
Where the client is a regulated financial services business, the client remains responsible for determining which functions may appropriately be outsourced or offshored and for maintaining appropriate supervision, oversight and control of outsourced activities, including any monitoring or review required by applicable law, regulatory requirements or the client's licensee or principal-firm arrangements, and for any required notification to, or approval from, its regulator or licensee.
Fidelity Matters Consulting does not assume responsibility for regulated decisions or professional judgements that remain with the client or the client's appropriately authorised personnel.
Fidelity Matters Consulting is entitled to reasonably rely on information, documents, access, approvals and instructions supplied by or on behalf of the client and is not responsible for any error, omission, delay, loss or consequence arising from information or instructions that are inaccurate, incomplete, misleading, unauthorised or provided late.
The client remains responsible for reviewing, verifying and approving any deliverable before it is used, issued, submitted or relied upon where such review or approval is required by law, regulation, professional standards, the client's internal procedures or the applicable Service Agreement.
All proprietary website materials, brand designs, logos, workflows, software tools, templates, methodologies, internal processes, systems and know-how owned or developed by Fidelity Matters Consulting independently of a client engagement remain the intellectual property of Fidelity Matters Consulting or the applicable rights holder.
Subject to payment of applicable fees, and as set out in the signed Service Agreement, deliverables created specifically for a client belong to that client for its internal business and ordinary client-service purposes.
Client ownership or permitted use of a specific deliverable does not transfer ownership of Fidelity Matters Consulting's underlying templates, methodologies, workflows, processes, systems, tools, know-how or other pre-existing intellectual property incorporated into or used to create that deliverable.To the extent necessary for the client's permitted internal use of a deliverable, the client receives a non-exclusive, non-transferable, royalty-free licence to use such underlying materials solely as incorporated into the relevant deliverable.
The client must not extract, reproduce, commercialise, resell, distribute or separately exploit Fidelity Matters Consulting's proprietary methodologies, templates, systems, workflows or other intellectual property except as expressly agreed in writing.
The client is responsible for ensuring that any materials supplied to Fidelity Matters Consulting may lawfully be used for the relevant purpose.
Service Fees: Fees are set out in the signed Service Agreement, including its pricing schedule and any Statement of Work, or in other written commercial terms agreed between Fidelity Matters Consulting and the client.
Invoicing Terms: Invoices may be issued in advance or according to the billing cycle specified in the applicable Service Agreement.
Payment Due Date: Invoices are payable within the agreed payment period. Fidelity Matters Consulting may suspend affected services on reasonable written notice where undisputed amounts remain overdue for the period stated in the Service Agreement. Suspension will not be applied where it would reasonably create an immediate and material risk to client records or regulatory obligations and the client is actively working to resolve the outstanding amount. Suspension does not release the client from payment obligations that have already accrued.
Each party is responsible for maintaining appropriate confidentiality in relation to confidential business information, personal information and other protected information received in connection with an engagement.
Fidelity Matters Consulting's general privacy practices are described in the Privacy Policy.
Where Fidelity Matters Consulting processes personal information on behalf of a business client, the signed Service Agreement (including its data-processing schedule), the client's documented instructions and applicable privacy and data protection laws govern that processing.
The Privacy Policy does not replace or override specific contractual data-processing, confidentiality or security obligations agreed with a client.
Where personal information is accessed, transferred or processed across national borders, Fidelity Matters Consulting will apply contractual, technical and organisational safeguards appropriate to the circumstances and applicable legal and contractual requirements.
A client must not provide Fidelity Matters Consulting with information that the client is legally prohibited from disclosing or that Fidelity Matters Consulting is legally prohibited from receiving or processing.
Nothing in these Terms requires Fidelity Matters Consulting to disclose information where such disclosure would breach a legal obligation, confidentiality obligation or applicable privilege.
Fidelity Matters Consulting maintains technical, organisational and administrative safeguards appropriate to the nature of the services and information handled.
Depending on the engagement and applicable requirements, these measures may include:
Specific security requirements applicable to a client engagement are set out in the signed Service Agreement, including its information-security and data-processing schedules.
No website, electronic transmission, system or storage environment can be guaranteed to be completely secure. The client remains responsible for the security, configuration, availability and integrity of systems, accounts, credentials, permissions and infrastructure that it controls.
Fidelity Matters Consulting does not warrant that the website or services will be immune from every security vulnerability, cyberattack, unauthorised access or technological failure.
Fidelity Matters Consulting may use third-party software, cloud platforms, communication systems, hosting providers and other technology or professional service providers to support the delivery, security or administration of services.
Use of a third-party service may also be subject to the third party's own terms and privacy policy.
Fidelity Matters Consulting will not appoint a third-party provider that receives client personal information, or transfer that information to another country, except as permitted by the client's Service Agreement and any approvals given by the client.
Fidelity Matters Consulting is not responsible for independent outages,vulnerabilities, modifications, suspension, failures or changes to third-party systems that are outside Fidelity Matters Consulting's reasonable control, subject to obligations expressly assumed under the applicable Service Agreement.
The website may contain links to third-party websites, platforms or resources. Such links are provided for convenience only.
Fidelity Matters Consulting does not control and is not responsible for the content, availability, security, privacy practices or terms of third-party websites. Accessing a third-party website is at the user's own risk and may be subject to separate terms and policies.
Information published on the Fidelity Matters Consulting website is provided for general informational and commercial purposes.
Fidelity Matters Consulting seeks to maintain reasonably accurate and current website information but does not warrant that website content will always be complete, current, error-free or suitable for every particular purpose.
Website content does not constitute financial, investment, legal, tax, accounting or other professional advice.
Fidelity Matters Consulting may update, remove, modify or discontinue website content or functionality at any time, subject to any mandatory rights that cannot lawfully be excluded.
Fidelity Matters Consulting seeks to maintain reasonable availability of the website and contracted services but does not guarantee uninterrupted or error-free availability.
Interruptions may occur because of maintenance, technical failures, telecommunications issues, cybersecurity incidents, third-party outages, force majeure events or other circumstances outside the reasonable control of Fidelity Matters Consulting.
For client engagements, service levels and business continuity arrangements are set out in the signed Service Agreement, including its service-level and business-continuity schedules. Service levels are operational targets and are not guarantees of uninterrupted or error-free services.
Fidelity Matters Consulting does not guarantee any particular commercial, financial, regulatory or operational outcome from the use of the website or services.
Fidelity Matters Consulting does not guarantee approval, acceptance or endorsement of any document, application, process or deliverable by any regulator, licensee, principal, client, third party or other authority.
The client remains responsible for determining whether the services and deliverables are suitable for its particular business, regulatory and operational requirements.
To the maximum extent permitted by applicable law, Fidelity Matters Consulting will not be liable for indirect, incidental, special or consequential loss arising from or relating to use of the website or services, including loss of profits, revenue, anticipated savings, goodwill or business opportunity.
Nothing in these Terms excludes, restricts or modifies any liability, guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law.
Fidelity Matters Consulting will not be responsible for loss or damage arising from inaccurate, incomplete or misleading information supplied by a user or client; unauthorised or unlawful instructions; the client's failure to obtain required approvals, consents or permissions; the client's professional, regulatory or commercial decisions; use of a deliverable without required review or approval; third-party systems or services outside Fidelity Matters Consulting's reasonable control; telecommunications or infrastructure failures; or events of force majeure.
Client Service Agreements: For a client that has entered into a separate Service Agreement with Fidelity Matters Consulting, the limitation of liability, exclusions, indemnities and other risk-allocation provisions contained in that Service Agreement will apply to the client engagement. These website Terms do not create a separate or additional liability cap that overrides the applicable Service Agreement.
To the extent permitted by applicable law, a user of the website is responsible for losses, claims or liabilities arising from unlawful use of the website, breach of these Terms, or infringement of third-party rights caused by materials the user supplies.
For a client engagement, any indemnity is governed exclusively by the signed Service Agreement. Nothing in these Terms creates an indemnity broader than expressly agreed in that Service Agreement.
Website access may be suspended or restricted where reasonably necessary for security, maintenance, legal compliance or protection of Fidelity Matters Consulting systems. Client services may be suspended or terminated in accordance with the applicable Service Agreement. Where no separate written termination arrangement applies, Fidelity Matters Consulting may suspend or terminate access or services where reasonably necessary because of:
Termination does not affect rights or obligations that accrued before termination.
These website Terms are governed by the laws of India, subject to any mandatory laws that apply to the relevant user or transaction. For clients with a separate Service Agreement, the governing law and dispute-resolution provisions of that Service Agreement will apply to the client engagement. Nothing in these Terms prevents a party from exercising a mandatory statutory right or remedy that cannot lawfully be excluded.
Fidelity Matters Consulting may update these Terms from time to time to reflect changes to its services, website, technology, business practices or applicable legal requirements. Updated versions will be published directly on the website. For an existing client engagement, changes to these website Terms do not amend or replace a signed Service Agreement unless the applicable agreement expressly permits such amendment.
Failure or delay by Fidelity Matters Consulting to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver must be expressly provided and, where appropriate, in writing.
If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally permitted. The remaining provisions will continue to apply.
These Terms, together with the Privacy Policy and any other policies expressly incorporated into them, govern general use of the Fidelity Matters Consulting website. For a client engagement, the signed Service Agreement is the entire agreement and the contractual framework for that engagement. If these Terms are inconsistent with a signed Service Agreement, the Service Agreement prevails to the extent of the inconsistency.
Unless expressly agreed otherwise in a signed written agreement, Fidelity Matters Consulting acts solely as an independent administrative and operational service provider and does not assume a fiduciary, trustee, financial advisory, investment advisory, legal advisory or other professional advisory role.
Nothing on the website or in the provision of administrative services creates a partnership, joint venture, agency, employment, fiduciary or other relationship between Fidelity Matters Consulting and a website user or client except as expressly agreed in writing.
Fidelity Matters Consulting will not be liable for any delay, interruption or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, epidemic or pandemic events, war, terrorism, civil unrest, governmental action, sanctions, industrial disputes, power failures, telecommunications or internet failures, cybersecurity incidents, infrastructure failures or failures of third-party service providers.
Fidelity Matters Consulting will use reasonable efforts to mitigate the effects of such circumstances.
Where a force majeure event materially affects the services, applicable deadlines and service obligations will be extended to the extent reasonably necessary.
Fidelity Matters Consulting may assign, transfer or novate its rights or obligations under these Terms in connection with a restructuring, merger, sale of business, transfer of assets or other business transaction.
A website user may not assign or transfer its rights or obligations under these Terms without Fidelity Matters Consulting's prior written consent, except where such restriction cannot lawfully apply.
Electronic communications, including communications by email, website forms and other electronic means, may be used in connection with the website and services.
Where permitted by applicable law, electronic records and communications may satisfy requirements for written communication, subject to any specific requirements of the applicable Service Agreement.
If you have any questions, concerns or requests regarding these Terms or the use of the website, please contact Fidelity Matters Consulting through the contact details provided on this website
Fidelity Matters Consulting may update its contact details from time to time by publishing the updated details on the website.
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