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Last Revision Date: 15 April 2020
Please read the following terms of use (“Terms of Use” or “Terms”) that apply to the access and use of the UpWealth platform through the website “www.upwealth.in” (herein after referred to as “Website”) Mobile Application “UpWealth” (collectively called “Platforms” hereinafter) including any other sub-domain or platform which is owned, developed, managed or operated by Creintech Finserv Pvt. Ltd (“UpWealth”).
This page explains the terms of use (“Terms”) of using the Services provided by Creintech Finserv Pvt. Ltd (“UpWealth”). We are located Rajwade Business Complex, Office #10, 3rd Floor, Above SBI Bank, Ambegaon BK, Katraj, Pune 411 046, India. For the purpose of these Terms of Use, wherever the context so requires “You” “Your”, or “User” shall mean any natural or legal person who has agreed to become a registered User on the Platforms by providing information while registering on the Platforms. The term “We”, “Us”, “Our” or “Company” shall mean Creintech Finserv Pvt. Ltd (“UpWealth”) a company registered under the Companies Act, 2013, having the Company Identification Number - U67200PN2019PTC186967.
The Platforms are owned and operated by the Company. Please read the Terms carefully before signing up or logging in or using in any manner whatsoever the Platforms. Your acceptance to the terms and conditions shall be considered as your consent to use the App, the Website, the services and products (collectively referred to herein as “Services”) provided by “UpWealth” in accordance with the terms and conditions laid down by Creintech Finserv Pvt. Ltd (“UpWealth”).
Please ensure you read Our Terms of Use and any updated version when You use the Platforms. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. In terms of Information Technology Act, 2000, this document is an electronic record, being generated by a computer system and it does not require any physical or digital signature.
The Company and You may be individually referred to as a “Party” and collectively as “Parties”, as the context may require in the Terms.
1. These Terms set forth a legally binding contract between You and Us. By using the Platforms, You agree to be bound by these Terms. Even if You only visit either of the Platforms or review any of the services offered by Us, You will be bound by these Terms. If You do not accept these Terms, You must not use the Platforms.
2. Without prejudice to any other specific requirement which may be laid out in this Agreement, your use of the App / Website and the Services and specifically, your acceptance of these terms as aforesaid shall be deemed to be a representation from you that you are above 18 years of age, or possess legal parental or guardian consent, and are fully able, conscious and competent to enter into this Agreement and make your investment decisions, execute the investment transactions, evaluate the advice, if any, and confirm to abide by and comply with the terms set forth herein.
3. In consideration of Your use of the Platforms, You agree to:
i) Provide true, accurate, current and complete information about Yourself as prompted on the Platforms;
ii) Maintain and promptly update Your data to keep it true, accurate, current and complete.
4. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your Account (as defined below) and refuse any and all current or future use of the Platforms (or any portion thereof) at any time.
5. UpWealth shall through its Website / App provide mutual fund investment execution and advisory services. UpWealth shall use the information you provide about your investment and risk assessment to make investment recommendations to you in the form of one or more suitable Mutual Fund Schemes provided by Asset Management Companies / Mutual Funds.
6. You herein authorize the Company to carry out all mutual fund investment/redemption instructions which You will provide through the Platforms via Your Account, or other modes of authorization as acceptable to the Company at its discretion.
7. UpWealth will establish your identity on its Services by means of a phone number or email and will authenticate it by either a password selected by you, or a one-time password (OTP) sent to your email or mobile phone, or third party authentication services provided by Google and Facebook, or biometric identification enabled by your device. Any instructions provided to, or communication with, UpWealth or its service partners which are so authenticated will be considered to have originated from you.
8. UpWealth shall not be responsible for any delay or failure in processing any transaction or any request whatsoever resulting from infrastructure issues, like server up-time, network availability and connectivity. You shall not take any action that would cause UpWealth to suffer any type of loss.
9. UpWealth has the sole authority and right to reject a Customer’s request to open an account with UpWealth. UpWealth may at its discretion choose to disclose or not disclose the reason for not opening such account. UpWealth may also reject / suspend / freeze Customer’s request to open or operate his or her account on directions received from regulatory or government bodies & authorities.
10. The User hereby allow UpWealth to utilize his / her KYC information, which the User has submitted as its own will or uploaded on UpWealth’s system, such as his / her personal identity details like name, PAN, age, address, mobile number, email address and signature or any such prescribed by UpWealth or by regulation for sending / sharing it to any Asset Management Companies (AMC) or RTA (Registrar and Transfer Agent) or KYC authority (UIDAI, KRA, CERSAI, or others) for the purpose of validation and to comply with the legal and regulatory requirements.
1. To avail any services offered by the Company, You will have to register with the Platforms to create Your Account. To register You will be required to open an Account by completing the registration process, by providing Us with current, complete and accurate information as prompted on the application form on the Platforms. You may then update the personal information relating to You.
2. To access Your account on the Application or the Website, You will be asked to sign up with Your e-mail address and password, to establish a unique identity for You (“Account”). You are responsible for maintaining the confidentiality of Your password, verification code, pin code, and account information, and are fully responsible for all activities that occur on Your Account. If there is any compromise on Your password, You can change Your password using the ‘Forgot Password?’ functionality.
3. Pursuant to Your making an Account on the Application or Website, You will be required to submit the personal details, including, but not limited to:
a. Full Name;
b. Date of Birth;
c. Permanent Account Number (PAN);
d. Phone number;
e. Occupation details;
f. Gender, Marital status;
g. Know Your Customer (“KYC”) details - Your mother’s name, father/spouse name, address proof ;
h. Bank details - Bank account number, account holder’s name, and IFSC code; and
i. Other details – Place of birth, stating whether You are directly or indirectly politically exposed, and nominee details.
4. You acknowledge and agree that for completion of the registration process, we may be required to share Your details with a third party for verification of the KYC. Please note that only after completion of the KYC process or as allowed by the Third Party Entities (as defined below), or SEBI or AMFI or IRDAI, will You be able to complete any transaction on the Platforms. In the event that the KYC verification is not completed, You will be required to upload/provide any additional information/documents, as necessary. Upon completion of the registration process, including the KYC verification process, You will be able to use the Services of the Platforms. You further agree that the mutual fund companies and/or insurance companies on the Platform (collectively, “Third Party Entities”, and individually, “Third Party Entity”)̉ will be entitled to carry out further checks or enquiries to validate the authenticity of the request and/ or to reject / disallow any transaction in connection herewith.
5. You hereby authorize Us to execute the National Automated Clearing House (“NACH”)/Direct Debit/ e-Mandate/ Unified Payment Interface (“UPI”), subsequent NACH/Direct Debit/e-Mandate/UPI instructions related to Your investments and/or electronic money transfer instructions through online payment gateway(s) or otherwise and to contact You by phone and/or -mail for any queries or updates regarding Your investments.
1. The App / Website / Services may contain links, information or pointers to other websites or services for payments, information verification, information processing, transaction processing or other required / appropriate services but you should not infer or assume that UpWealth operates, controls, manages or is otherwise connected with these other websites. When you click on a link within the App / Website, UpWealth may or may not warn you that you have left the App / Website and are subject to the terms and conditions, disclaimers (including privacy policies) of another website or its partners & service providers.
2. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on the terms of UpWealth to govern your use of another website. UpWealth is not responsible for the content or practices of any other website even if it links to the site and even if the website is operated by a company affiliated or otherwise connected with UpWealth. You acknowledge and agree UpWealth is not responsible or liable to you for any content or other materials hosted and served from any website other than the App / Website.
1. UpWealth complies with all regulations and compliances as per Indian law. If you are accessing our Services from any jurisdiction outside India, the onus of compliance with the local laws lies on you.
2. UpWealth offers You a technology platform; via the Platforms which helps You track and manage Your investments in mutual funds obtained by You on the Platforms (“Services”). The Company provides the Services to enable You with personal financial management. It is reiterated that the Company as an intermediary platform enables You to browse through various Third Party Entities (as defined below) and chose to invest in products from such Third Party Entity that is best suited for Your needs. The Company provides the Services to enable You with personal financial management. It is reiterated that the Company as an intermediary platform enables You to browse through various Third Party Entities (as defined below) and chose to invest in products from such Third Party Entity that is best suited for Your needs.
3. You may use the Services to invest in/purchase the mutual fund schemes units provided by Third Party Entities (“Products”) through the Platform (such investment/purchase, “Transaction”). The brief description of services of the mutual fund companies available on the Platforms is as set forth below:
a. Mutual Funds –
The Company is a registered distributor of mutual funds in India under the Association of Mutual Funds in India, with registration number – ARN-167805 (“AMFI License”). The details of the services rendered under the AMFI License are as set forth below.
4. On initiating a Transaction, You agree to be contacted by the Company or any Third Party Entities. For completion of the Transaction, You acknowledge and agree that We only share the data in respect of the Products on a partial and need-to-know basis. You further agree that the details of the Products to be availed or availed on the Platforms and the Transaction Documents thereto, will be provided only by the Third Party Entities. It is clarified that these Transaction Documents are not available on Our Platforms.
5. On the Platforms, You can also answer certain questionnaires to become aware of Your risk appetite and the Company may provide computer generated suggestions on which Product You could invest in. You acknowledge and agree that such advice is not absolute and any decision of Yours to invest in any Product will be at Your sole discretion.
6. You acknowledge and agree that all payments on Our Platforms are completed by authorized third party payment methods/gateways (“Payment Service Providers”). All such Payment Service Providers render their own services and therefore the processing of payments through these third parties is subject to their respective terms and conditions and their service conditions. You agree that the Company is not responsible for any services to be rendered by any such third parties, in respect of completion of Transactions on the Platforms.
7. You agree and acknowledge that if You invest in any Products issued by a Third Party Entity, You will directly become their customer. Your personal and investment information is made available to such Third Party Entity and their service providers (including, but not limited to, AMCs (as defined below) / RTAs / KRAs (KYC Registration Agency) / NSE NMF) for completion of such Transaction initiated on the Platform. Please note that We have no control on how the information is used by them, and usage of such information will be as per their respective policies.
8. The Company shall use the industry applicable standard infrastructure, to the best of its knowledge; however, it does not guarantee the consistency or the stability of the Platforms. Further, any Services provided by the Company may be subject to change at the discretion of the Company, and the Company does not require Your consent for the same nor shall the Company be liable to you for any such change.
9. The Company shall not be liable for any failure or delay on the part of the Third Party Entities and the Payment Service Providers, including, but not limited to, failure or delay of payments and/or failure or delay of allotment of the Products. The applicable Third Party Entities and/or the Payment Service Providers shall be solely liable for any such failure and/or delay.
1. UpWealth owns all intellectual property rights in respect of the Services including any literature, reports, data, drawings, copyrights, designs, diagrams, tables, software, source code or object code or other information or materials, howsoever stored or held, acquired, created, developed, designed or in any way prepared, by UpWealth.
2. The “UpWealth” name and logos and all related names, trademarks, service marks, design marks, and slogans are the trademarks or service marks of Creintech Finserv Pvt. Ltd.
3. Using our Services does not give you ownership of any intellectual property rights, including any branding or logos, in our Services or the content you access. You may not use content from our Services unless you obtain our permission first, and attribute ownership appropriately.
4. You may not use the UpWealth logo in any manner that is deceptive or disparaging, or in connection with any product or service that UpWealth does not explicitly endorse. If you wish to use UpWealth’s trademarks, please contact info@upwealth.in
1. You agree that You shall not use the Platforms in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
a. in violation of any applicable law or regulation;
b. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
c. that belongs to another person and to which You do not have any right to;
d. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
e. harm minors in any way;
f. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person or entity;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or site;
i. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation; and/or
j. any content which is non-compliant with the Information Technology Act, 2000, Rules and regulations, guidelines made there under, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended/re-enacted from time to time.
2. You agree not to collect or harvest any personally identifiable information, including account names, from the Platforms, nor use the Platforms for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platforms with respect to its user information, transaction data, or communication.
1. You shall be responsible for any and all activities that occur under Your Account. We shall use industry standard data protection systems and will not be liable for any loss that You may incur as a result of someone else using Your Account. However, You could be held liable for losses incurred by Us or another party due to someone else using Your Account or misuse of Your Account. You agree that We may at any time and for any reason, terminate Your access to Your Account, or restrict or suspend Your access to all or any part of the Platforms at any time, for any or no reason, with or without prior notice, and without any liability. If there is a suspicion of untoward or illegal activity, We may suspend Your Account immediately.
1. You understand that the Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these digital materials is subject to usage rules set by the Company. You shall not attempt to reverse engineer, override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Platforms.
1. You warrant that all information supplied by You for using the Services is correct and accurate and belong to You.
2. You shall be financially responsible for Your Transactions. You undertake to supervise and be responsible for accessing the Platforms under Your Account and absolve the Company from any liability on this account.
3. You acknowledge that all the Services available on the Platforms may be based on your geographical location. The Company reserves the right to determine the availability and eligibility of the Services offered on the Platforms.
4. You acknowledge that any advisory services being provided to You is on the basis of your portfolio and on the information provided by You. You agree and acknowledge that We are only providing advisory services and any decision taken by You is solely Your responsibility and We will not be responsible for any consequences thereof.
5. You acknowledge that any information provided on the Platforms about the Products, Transaction Documents, and/or Third Party Entities are gathered or provided by third party sources. You herein agree that We shall not be responsible for the accuracy or correctness of any such information provided on the Platforms.
6. Any information and/or suggestions provided to You through the Platforms should not be treated as investment or financial advice. The Company shall not be held responsible for any reason whatsoever, for any losses or damages incurred by You due to the use of the Platforms. The purpose of the Application/Website is to keep track and manage Your personal finances and investments made by You.
7. The Platforms are not intended to provide any tax, legal, insurance or investment advice, and nothing on the Platforms should be construed as a recommendation by Us to acquire or sell any investment or security or engage in any investment transaction. It shall also not be construed to indicate, guarantee or promise any good returns.
8. The information and views contained on the Platforms are based on information available and believed to be correct to the best of Our knowledge and We do not assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service and We do not warrant or make any representations regarding the use or the results of the use of any product or service.
9. We shall use the industry standard data protection systems, to the best of Our knowledge, however We shall not be responsible or liable if any unauthorized person hacks into or gains access to the Platforms, or Your Accounts.
10. Any actual investment (in any Products), or any other financial transactions will be performed at Your sole risk through third party applications/websites. We shall not be liable for any Transactions that have been executed/completed with any Third Party Entity with an update to Our Platform.
11. You explicitly agree that in the event that You invest in any Products through the Platforms, You will have a direct relationship with such issuing Third Party Entity.
12. Our affiliates, respective investors, directors, employees, agents, suppliers, and Us shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of the Platforms, whether based in contract, tort, strict liability, or other theory.
13. The Company specifically disclaims all liabilities arising out of the following:
a. Losses incurred by You because the AMCs or NSE NMF or its related products do(es) not accept Your investment request;
b. Losses incurred by You because the bank does not honour Your NACH/Direct Debit Mandate;
c. Any disclosures made or actions performed by the Company to comply with any laws, orders, rules, regulations or directions of any Government or regulatory or other authorities;
d. Any losses incurred by You arising out of unauthorized / improper / erroneous / fraudulent access to Your account and any loss, financial or otherwise, which You may incur thereto;
e. Any loss or damage caused to You because the Platforms, telephone(s), e-mail(s), or office(s) of the Company were not available, accessible, affordable or for any other reason;
f. Any loss, notional or otherwise, incurred by You due to delays or failures either at the Bank, NSE NMF or its related products, Registrar and Transfer Agency, AMC, or any third party involved at any point of time;
g. Any act that is not the Company obligation in these Terms and/or is beyond its control; and/or
h. Not verifying any or all self-attested documents or self-declared statements, including authority to invest on a minor’s or a company’s behalf.
AMFI License
a. The Company is a registered distributor of the mutual funds issued by various Asset Management Companies (“AMCs”).
b. You agree and acknowledge that the Company receives trail commissions from AMCs for regular plans of the mutual funds. You agree and understand that any such charges/fees will be in addition to those levied by the AMCs but included in the Total Expense Ratio as published by each AMC on their website. You further agree that all fees, charges and reimbursement of expenditure shall be paid or made in full by You without any counter-claim, set off or withholding.
c. You undertake that You are aware that there is an entry or exit load and capital gain taxes in mutual fund schemes, which are mentioned in the Transaction Documents, including, offer/scheme documents, and the applicable laws.
d. You expressly agree that You have not received, nor have You been induced by any rebate or gifts, directly or indirectly in making any investments on the Platforms.
1. You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
a. Your use of and access to the Platforms;
b. Your violation of any Terms, Refund Policy and the Privacy Policy contained herein;
c. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
d. Your violation of any applicable law.
Our Privacy Policy (available at: www.upwealth.in/privacy-policy ) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that UpWealth can use such data in accordance with our Privacy Policy.
1. We may modify these Terms to reflect changes to the law or changes to our Services without any prior notice. Your continued use of the Services shall imply your acceptance to any such modifications. If you do not agree to the modified Terms, please discontinue your use of the Services.
2. These Terms govern the relationship between UpWealth and you. They do not create any third party beneficiary rights.
3. If you do not comply with these Terms, and we do not take action immediately, it will not be construed as our consent to your non-compliance.
4. If any term contained in these Terms is unenforceable, it will not affect the other Terms.
5. You agree that the laws of India will apply to any dispute arising out of or in relation to these Terms or the Services.
6. All disputes will be subject, first, to mediation, and then by arbitration by a sole arbitrator appointed by UpWealth in accordance with Indian law. The seat and venue of arbitration will be Pune, Maharashtra.
Last Revision Date: 15 April 2020
By using this application/website https://upwealth.in and/or signing up for the Services (as defined under the Terms of Use) offered by Creintech Finserv Pvt. Ltd, ("UpWealth"), or providing us with your personal information for any other purpose, you agree to this Privacy Policy.
UpWealth is a trademark (brand name) of Creintech Finserv Pvt. Ltd. The website “https://upwealth.in” along with its sub-domains (the "Website") is owned and operated by Creintech Finserv Pvt. Ltd. ("UpWealth").
We do not disclose any information to third parties unless you have explicitly authorized such disclosure or unless such disclosure is mandated by our governing law / regulations.
UpWealth acts as in intermediary to bring investment services to you and will be required to share information with its partners with whom you choose to transact. Additionally, we may use your information to enhance or customize your experience on our platform.
1. We collect technical data about your interaction with the Services. This is data we get from your use of our services. We collect certain data about your interaction with our website, such as pages visited and average time spent on the website, your internet protocol address, the unique identifier of your device and device information such as operating system, operating system version, browser plugins, crashes, system activity, hardware settings, date and time of your request and referral URL, and cookies that may uniquely identify your browser and mobile application.
2. We use this data to analyze how you use our website and improve the services provided through the website;
1. To avail the functionality of our services and start investing, you will be asked to register for an investment account. This involves creating a username and password (collectively, “Login Credentials”) and disclosing to us sensitive information that can identify you personally like your email address, correspondence address, and financial information such as your bank account or other payment instrument details (collectively, your “Registration Information”).
2. We need physical evidence of your personal details like PAN and KYC Details to satisfy regulatory requirements while your bank details are required to honor your investment instructions.
3. We may also ask for additional personal information from time to time to meet new regulatory requirements or to provide you with other benefits of our services. As always, the information that we seek will only be for the purpose stated. We use this information to contact you and undertake activities that you have specifically authorized us to do.
1. Your email address and phone number is used to send you updates regarding the Services. You can select what communication you'd like to receive from us by modifying your account settings after you login to your UpWealth account.
2. Simply put, under no circumstance will we sell or rent your personal information to anyone, for any reason, at any time.
3. All our employees have been selected in accordance with our security policies and practices and are bound by confidentiality obligations. They are subject to stern disciplinary action, including termination, civil liability, and criminal prosecution, if they fail to meet these obligations.
4. We use your Personal Data in our business operations for providing our or our partners’ products services and to perform, among other actions related to the investment.
5. We also use your Personal Data to fulfill the requirements of applicable laws / regulations and / or court orders / regulatory directives received by us.
1. UpWealth uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses first-party cookies to report on user interactions with our web-based services. These cookies store non-personally identifiable information.
2. We may use the unique identifier of your device for security purposes to track suspicious activity. For instance, if we detect that your UpWealth account is being accessed from multiple devices, we may contact you to ensure that you have authorized such access. Under no circumstances will your email, password, any personal financial data be collected by or shared with Google Analytics.
3. We may use cookie and tracking technology depending on the features offered. Please note that a "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. No Personal Data will be collected via cookies and other tracking technology; however, if you previously provided Personal Data, cookies may be tied to such information.
1. Your personal information is yours. Under Indian law, you have the right to ask us for a readable copy of all your personal information stored with us.
2. UpWealth has appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure and/or destruction of data. All stored information is appropriately encrypted and secured against unauthorized access.
1. We are bound by the (Indian) Information Technology Act, 2000, and comply with all its provisions. Under Section 43A of the (Indian) Information Technology Act, 2000, UpWealth and all its vendors are obliged to maintain reasonable security procedures to safeguard your data.
2. Under Regulation 5 of the Information Technology (Reasonable Security and Procedures and Sensitive Personal Data or Information) Rules, 2011, we are obliged to provide every registered user of UpWealth with a readable copy of the personal information you have provided us.
1. Your data is transmitted between your device and our servers using HTTPS protocol for encryption. HTTPS is the technology used to create secure connections for your web browser, and is indicated by a padlock icon in your browser.
1. This Privacy Policy is published on the website in compliance with Regulation 4 of the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
2. We update this Privacy Policy periodically. We will not reduce your rights under this Privacy Policy without your explicit consent. We will notify you of any changes to this Privacy Policy.
3. The date of last revision appears at the top and all changes take effect immediately upon posting.
Grievance Officer Name: Rohan Khedkar
Contact: grievance.officer@upwealth.in
If you have any further questions, please do contact us at the address given below:
The Compliance Officer
Creintech Finserv Pvt. Ltd.
Rajwade Business Complex, Office #10, 3rd Floor,
Above SBI Bank, Ambegaon, Katraj,
Pune, Maharashtra - 411 046
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