Terms and Conditions for Transacting Over Internet
These Terms and Conditions for Transacting Over Internet ("Terms and Conditions")are a binding contract between yourself and BOI AXA Investment Managers Pvt Ltd.('BAIM ') (as asset manager of BOI AXA Mutual Fund ('BAMF') for use of Personal Identification Number ('PIN') for transacting through Internet on Website, using the PIN facility offered by BAIM. Please read these Terms and Conditions carefully. By signing these Terms and Conditions you acknowledge that you have read, understood and agree to be legally bound by them.
[DETAILS OF THE UNITHOLDER TO BE INSERTED AS EARLIER CONTAINED IN COMMON APPLICATION FORM]
These Terms and Conditions are agreed on Wednesday, November 25, 2020,
by the abovementioned persons, hereinafter referred to as the "Unitholder", for
availing the Online Facility (as hereinafter
defined) from BOI AXA Investment Managers Pvt Ltd. ('BAIM ') (as asset manager of
BOI AXA Mutual Fund ('BAMF'), a company incorporated under the Companies Act,1956,
having its registered office at 51, East Wing, Kalpataru Synergy, Opp. Grand Hyatt,
Vakola, Santacruz (E), Mumbai - 400 055 (hereinafter referred to as, "BAIM ", which
expression shall unless repugnant to the context or meaning thereof, mean and include
its successors, administrators, executors and permitted assigns).
(The Unitholder and BAIM are hereinafter individually referred to as 'Party' and collectively as 'Parties')
a) BAIM is constituted as an asset management company and has obtained approval
from the Securities and Exchange Board of India ("SEBI") to act as an asset manager
of BOI AXA Mutual Fund (hereinafter referred to as "BAMF / Fund"), a mutual fund
set up and existing under the laws of India and registered with SEBI;
b) BAIM has website(s) hosted on various domains, which contains various information and data relating to BAIM and the Fund; and provide online facility to the investors of undertaking various types of transactions including subscription / redemptions / switch of units of various schemes of the Fund and various other services/ facilities as are detailed hereinafter ('Online Facility’s) BAIM offers its investors the Online Facility and Call Center Facility for their convenience, to help them gain access to their portfolio of investments in the Fund, for administering, managing and transacting the same effectively and efficiently, using a unique Personal Identification Number (hereinafter referred to as "PIN");
c) The Unitholder is desirous of using the Online Facility for availing the services / facilities available through the Website BAIM is willing to provide such services/ facilities to the Unitholders subject to the following terms and conditions.
NOW FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE UNITHOLDER(s) HERETO AGREE AS UNDER:
"Designated Account(s)" or "Folio Number" or "Master
Account" means the account number allocated to the Unitholder
by BAIM, under which the units are held by the Unitholders. "Online
Facility / facility"
means the facility provided by BAIM to the Unitholder of undertaking various types
of transactions including subscription / redemptions of units of various schemes
of the Fund and various other services / facilities of non-commercial in nature,
through its Website on the internet;
"PIN Facility" means the facility being offered by BAIM to the Unitholder whereby the Unitholder can gain access to and / or undertake various types of commercial transactions including subscription / redemptions of units of various schemes of the Fund and various other services / facilities of non-commercial in nature, through the Online Facility, using the Personal Identification Number issued by BAIM to the Unitholder or through such other authentication means, as may be specified by BAIM from time to time.
"Unitholder" means a person which holds unit(s) in any of the scheme(s) of BOI AXA Mutual Fund.
"Website" shall mean the website(s) of BAIM hosted on various domains including but not limiting to www.boiaxamf.com or such other website(s) as may be specified / notified by BAIM from time to time.
2. TERMS OF SERVICES
The Unitholder hereby authorises BAIM to extend the PIN Facility for the Designated
Account(s) of the Unitholder and irrevocably authorises BAIM to act upon any electronic
instructions received by BAIM, in respect of the Designated Account(s), through
the use of the PIN Facility, in connection with the online transactions, including
undertaking any commercial or non commercial transactions in respect of the Designated
Account(s) through Website through the call centre, and as may be permitted by BAIM
under the PIN Facility from time to time and the Unitholder hereby agrees and consents
that all acts done by BAIM on the basis of such instructions received by BAIM shall
be irrevocably binding upon the Unitholder.
Usage of, or subscription to, the said PIN Facility shall be in addition to, and not in substitution of, the existing procedure for conducting the transactions, the services of which are available through various other modes as well.
BAIM shall not be responsible for any errors in the process of conducting any transaction using the Online Facility or for error or failure of the transaction over internet due to any network problems. The Unitholder shall make only one application for each transaction, either in physical or electronic form using the Online Facility /
The User acknowledges that he/she shall provide Permanent Account Number ("PAN")/ Bank Account Details or such other personal details required by the laws/statutes/regulatory requirements from time to time to allow such transaction to the User.
A Unitholder registering for the Online Facility shall be issued a PIN against each
Folio Number, subject to necessary verification / validation processes / procedures
as may be prescribed by BAIM from time to time. A Unitholder having multiple Folios
with the Fund shall be issued a separate PIN for each Folio Number.
If a Folio Number is held by more than one Unitholder, separate PINs shall be issued to the each joint Unitholder under the Folio Number. If the basis for undertaking the transactions in the Folio Number is "joint", PIN of each joint Unitholder will be required to be entered for undertaking any transaction. If the basis for undertaking any transaction in the Folio Number is "anyone or survivor", PIN of any one joint Unitholder will be sufficient for undertaking any transaction in such Folio Number. The investor need to keep the PIN, Username and password confidential at all times. The Unitholder shall use the PIN to carry out various transactions, using the services provided by BAIM, through the Website, in respect of his Folio Numbers. After the first logging, the Unitholder can access his Folio Number by entering his Username and password on the Website and carry out the transaction thereafter by using his PIN.
Upon receipt of the PIN from BAIM, the Unitholder shall have a facility / choice to change the PIN allotted by BAIM to a PIN of his choice.
It shall be the sole responsibility of the Unitholder to ensure adequate protection, confidentiality and secrecy of the Username and password as well as the PIN and any disclosure thereof to any other person shall be entirely at the Unitholder's sole risk.
BAIM neither accepts nor shall be liable for any loss, damage or harm that the Unitholder may suffer and it does not accept any kind of responsibility that may arise out of the loss / disclosure of the Username, password and the PIN of the Unitholder.
WHO CAN OPERATE?
a. Unit holder(s) with registered email IDs and mobile no. Only can avail of this Online Transaction Facility. Unit holder(s) shall ensure that the e-mail IDs mentioned in the Common Application Form is correct.
b. If the mode of holding is 'Single': this Online Transaction Facility will be available to the sole User.
c. If the mode of holding is "joint", PIN of each joint Unitholder will be required to be entered for undertaking any transaction and if the mode of holding is "anyone or survivor", PIN of any one joint Unitholder will be sufficient for undertaking any transaction in such Folio Number.
The Unit Holder(s) of such folios agree(s) and confirm(s) that the AMC / Registrar shall not be in a position to verify the User of the AMC Website and thereby not be responsible or shall not be liable for any transactions arising out of misuse of the PIN by any of the Joint Unit Holder(s). Any use of the PIN for any transaction conducted or executed by any of the Joint Unit Holder(s) under Online Transaction Facility shall be deemed to have been carried out jointly by all the Joint Unit Holder(s). The Joint Unit Holder(s) agree and confirm that the First Unit Holder has the full authority to act for and on behalf of all and each of the Joint Unit Holder(s) in all matters relating to Online Transaction Facility. Liability on all joint holding shall be joint and several and shall be binding on each Joint Unit Holder's legal heirs, successors, executors and assigns. The Joint Unit Holder(s) hereby agree and undertake to confirm and ratify all the acts done by the first Unit Holder or any other Joint Unit Holder in relation to Online Transaction Facility.
d. If the User is a minor, the parent / legal guardian shall be eligible to avail of this Online Transaction Facility till the minor attains majority. In such case, the personal details of the parent / legal guardian shall be submitted to the AMC / Registrar. The parent / legal guardian hereby agrees not to use Online Transaction Facility once the minor attains majority.
Please Note: Know Your Customer (KYC) is now mandatory for all investor and need to be verified on or after 01 January' 2012.
Details under FATCA & CRS:
The Central Board of Direct Taxes has notified Rules 114F to 114H, as part of the Income tax Rules, 1962, which require Indian financial institutions to seek additional personal, tax and beneficial owner information and certain certifications and documentation from all our unit holders. In relevant cases, information will have to be reported to tax authorities /appointed agencies. Towards compliance, we may also be required to provide information to any institutions such as withholding agents for the purpose of ensuring appropriate withholding from the folio(s) or any proceeds in relation thereto. Should there be any change in any information provided by you, please ensure you advise us promptly, i.e., within 30 days. If you have any questions about your tax residency, please contact your tax advisor. Further if you are a Citizen or resident - tax resident other than India, please include all such countries in the tax resident country information field along with your Tax Identification Number or any other relevant reference ID/ Number. If no TIN is yet available or has not yet been issued, please provide an explanation and attach this to the form. Please fill in the FATCA / CRS form and submit along with the application form. FATCA is applicable to all types of Investors. Please note that we do not accept investments from Citizen or Resident of US / Canada.
EMPLOYEE UNIQUE IDENTIFICATION NUMBER (EUIN):
As per SEBI Circular No. CIR/IMD/DF/21/2012 dated September 13, 2012 and AMFI Guidelines on implementation of EUIN, it is mandatory to state the Employee Unique Identification Number (EUIN) of the distributor / employee / relationship manager / sales person of the distributor interacting with the investor for the sale of mutual fund products, in addition to the AMFI Registration Number (ARN) of the distributor in the space indicated in the application form. The mentioning of the EUIN shall assist the AMC to tackle the problem of mis-selling by the distributors / its employees / relationship manager / sales person. Hence, if your investments are routed through a distributor please ensure that the EUIN is correctly filled up in the Application Form. However, if your distributor has not given you any advice pertaining to the investment, the EUIN box may be left blank. In this case, you are required to mandatorily tick against the confirmation/declaration, appearing below the Distributor column along with signatures of all the applicants.
4. SERVICES AVAILABLE:
The User may avail of Online Transaction Facility for any of the following services that are being presently offered by the AMC: a. Subscription and Additional Subscription to various schemes of the Fund including any new schemes launched by the Fund from time to time and which are tagged with the existing Schemes by the Fund for the purpose of conducting such online transactions. b. Switching between schemes / plan / options. c. Redemption of units. d. Account Statements download. e. Request for documents by email. f. Viewing complete portfolio and transaction details. g. SIP, STP and SWP registration and cancellation. h. Liq-uity registration. i. Contact details updation
The Unitholder hereby agrees and confirms that the list of services mentioned hereinabove is only indicative in nature, and BAIM may introduce or withdraw any services at any time, with or without notice to the Unitholder, as it may deem fit in its absolute discretion. As and when any new service(s) are introduced by BAIM, the Unitholder shall be entitled to and can use the PIN Facility to access and avail of any such services through the Website.
The Unitholder shall be required to furnish on the Website his Username, password, PIN and various other transaction specific details before any transaction request is accepted by BAIM.
BAIM may, at its absolute discretion and in the interest of the Unitholder, request a fax confirmation of the instructions and any additional information as it may require. In such an event, BAIM shall not be bound to act on request received by it from the Unitholder until the aforesaid fax confirmation and additional information is received from the Unitholder, in a form and manner acceptable to BAIM.
BAIM may at any time, in its sole and absolute discretion, decide not to act on any transaction request of the Unitholder, where it has reason to believe that the instructions are not genuine, are unclear, are such as to raise a doubt, are otherwise improper or there is reason to believe that the same is in contravention of any statute/laws in India and cannot be put into effect.
BAIM shall make efforts to keep the Website updated so as to provide most current information to the Unitholder. The Unitholder acknowledges that the look and feel of the web screen and output(s) there from may differ based on the nature of the software used by the Unitholder to access the Website.
BAIM may at any time, in its sole and absolute discretion, amend or supplement any of the terms and conditions contained herein and will endeavor to give prior notice of the same to the Unitholder on the Website / through email / through any other means deemed appropriate by BAIM, wherever feasible. The Unitholder agrees to be bound by such amendment(s) or supplement(s), as and when made by BAIM.
5. BAIM DISCLAIMERS:
BAMF/ BAIM shall not be liable, in any manner whatsoever, for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the availing of the Online Facility / Call Center Facility using the PIN Facility or the usage of the PIN or due to the delay or inability to use the PIN Facility, or otherwise arising out of the use of the PIN Facility.
BAIM disclaims all warranties, express or implied, including but not limited to implied warranties and representations.
Further, BAIM does not undertakes any liability whatsoever, in contract or tort (including liability for negligence) or otherwise, towards and / or for the acts or omissions of any third party equipment and service providers or for faults or failures of such third party provider's, equipment and/or services.
Without prejudice to any other provisions of these Terms and Conditions, BAIM shall
not be liable for any loss or damage whatsoever caused arising directly or indirectly
in connection with availing the services using the PIN Facility and/or these Terms
and Conditions, including without limitation any:
(a) Loss of data;
(b) Interruption or stoppage to the Unitholder's access to and/ BAIM shall not be responsible for any failure on part of the Unitholder to utilize the PIN Facility, including but not limiting to, due to the Unitholder not being within the geographical limits within which the PIN Facility is offered.
BAIM has the absolute discretion to withdraw / amend any of the services provided, or amend or supplement any of the above terms and conditions at any time without prior notice or any intimation to the Unit holder.
Further, BAIM shall not be liable for any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to a transaction or any information on transaction or the unavailability of such facility, products or services.
BAIM is not responsible or liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use a Facility and its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisations or entities were advised of the possibility of such damages.
Certain links, including hypertext links, in a Facility shall take the User outside the Facility. Links are provided for the Users convenience and inclusion of any link does not imply endorsement or approval by BAIM of the linked site, its operator or its content. BAIM is not responsible for the content of any third party which is outside a Facility.
BAIM uses IP addresses to administer a Facility and track User movements
The User agrees to defend, indemnify, and hold harmless BAIM , his/her officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from
- the use of a Facility; or
- the breach or non compliance of any of the Terms and Conditions of; or
- any illegal, unauthorized, fraudulent usage or misuse of User's PIN/TPIN/secure information; or
- all requests carrying the User's PIN/secure information as evidenced by electronic records available at BAIM ; or
6. UNITHOLDER'S COVENANTS AND UNDERTAKINGS:
- Unit holder hereby agrees to fully indemnify and hold BAIM, its officers, directors, agents, employees, successors and assigns indemnified and harmless against any action, suit, proceedings, demand and claims, of whatsoever nature, initiated against it or any loss, cost, charge or damage incurred by it as a result of usage of Online Facility using the PIN Facility or the PIN by the Unitholder. Further, neither the Fund nor BAIM shall be liable at all for any misuse, if any, of any data of the Unitholder. The User acknowledges and agrees that
- he/she is aware of all security risks including possible third party interception of his/her account and the content of his/her account becoming known to third parties;
- understands that the use of any Email ID, Mobile, Facility is not a secure method of viewing, accepting and transmitting information and that it involves security hazards and the risk of any loss of information or obtaining of information or misuse by any third party of his/her account and BAIM shall, in no way, be held responsible for the same and shall not be considered as a breach of its or its constituent company's User confidentiality provisions;
- even though his/her Mobile No. is registered under the National Do Not Call Registry (NDNC), he/she explicitly permits BAIM to send and he/she would like to receive various communications (for products or otherwise), updates, alerts, notifications & BAIM shall in no way be held responsible for & the same shall not be considered as a breach of such TRAI Regulations/Guidelines;
- he/she will not use any of the above mentioned facility on an electronic device which belongs to any other person or which is provided to the User by his/her employer, except with such person's or, as the case may be, his/her employer's previous permission. In the event the User does not comply with this provision, BAIM shall not be held responsible for any harm or loss caused to any person/User. BAIM shall not be held responsible if the electronic device via which the User utilizes a Facility contains software applications, due to which any conflict which may arise resulting into loss of information or any other damage;
- he/she is solely responsible to ensure that the PIN/secure information is kept confidential and not revealed/disclosed to any third party, including any person claiming to represent BAIM and shall take all possible care to prevent discovery of the PIN/secure information by any third person. The User shall immediately communicate to BAIM in writing on becoming aware of any loss, misuse or wrongful disclosure to any third party of the /PIN /secure information. BAIM may in its absolute discretion, issue to the User, a new PIN/secure information on similar terms and conditions or under such terms and conditions as BAIM may deem fit;
- he/she is aware of the fact that PIN/secure information is generated randomly at the back-office of BAIM or of the Registrar or such authorized entity and shall be changed by the User when accessing a Facility for the first time;
- BAIM may require him/her to define and maintain electronic (including digital) signatures from such service providers including authentication of the electronic transaction record by "click"/"I Accept"/"Submit" affirmation etc. as BAIM may require to authenticate all electronic Transactions made through the website of BAIM and he/she shall be responsible for keeping the said electronic signatures confidential and secure and that BAIM shall not be held responsible for any misuse of such signatures and any loss or damage arising there from;
- He/she shall be bound by all the provisions and notifications issued by SEBI Information Technology Act 2000 or any other regulatory body. He/she shall be bound by his 'signature' that BAIM may seek from KRA as part of his additional documents/information for doing any transaction outside the usage of the facility. He/she further agrees that he/she will provide such verification/validation as BAIM may desire.
- he/she is above 18 years of age and capable of executing the Transactions using the Facilities offered by BAIM
- The User must inform BAIM immediately about any change in the email address and/or mobile number. BAIM shall not be held responsible for any damage or loss of information or breach of confidentiality in relation to providing such service to the User and the User hereby acknowledges that he/she will take full responsibility with regard to SMS alert and email notification services provided by BAIM.
- The User agrees that he/she will use any Facility only for his/her personal use and that he/she shall not exploit such Facility or any of its contents for any commercial purpose
- The Unitholder agrees and authorises BAIM to execute, comply with all or any instruction(s) given to BAIM through the PIN Facility, either through the Online Facility. Any instruction given to BAIM through the PIN Facility shall be deemed to have been given by the Unitholder/s to BAIM and BAIM shall be entitled to assume that the said instructions are given by the Unitholder/s and BAIM shall at all time be protected from acting thereon. The Unitholder agrees that if any unauthorized person gains access to the Unitholder's PIN, Username or password and issues any instructions to BAIM using the PIN Facility and BAIM accordingly acts thereon, the Unitholder agrees to indemnify and keep indemnified, at all times, BAIM, its officers, employees, successors and assigns from and against all actions, proceedings, claims and demands of whatsoever nature, for or on account of or in relation to any unauthorized use of the PIN, Username, password, PIN Facility and from and against all damages, costs, charges and expenses in respect thereof.
- The Unitholder hereby agrees that access of any facility by use of the PIN Facility will be deemed acceptance by the Unitholder of the all terms and conditions, including any modifications / variations thereof, as posted on the Website and the Unitholder unequivocally agrees to be bound by such terms and conditions.
- It shall be the sole responsibility of the Unitholder to ensure adequate protection, confidentiality and secrecy of the PIN, Username and password and all of its personal information and any disclosure thereof to any other person shall be entirely at the sole risk of the Unitholder. The Unitholder shall take all possible care to prevent discovery of the PIN, Username and password and all of its personal information by any other person. BAIM does not accept any kind of responsibility or liability for any loss, damage or harm that the Unitholder might suffer in such cases. The Unitholder must change his PIN and password after the disclosure of the same to any third party. The PIN, Username and password shall be kept secret/ safe and the Unitholder shall ensure that the joint Unitholders do not disclose their PIN, Username or password to any unauthorized person(s).
- The User understands that the User’s credit card/ bank account details are not stored on the AMC Website server, and accordingly Fund/AMC/Registrar are not responsible for the security and / or safety of the card number / card details / bank account details or for any transaction under the card/bank account.
- The User agrees and acknowledges that he/she will take full responsibility for any Transactions executed using this facility, abide by the records of Transactions maintained by BAIM and that such records shall be conclusive proof of such Transaction and shall be binding on the User and may be used as evidence in any proceedings.
- BAIM should be immediately notified, if a record of the PIN, Username or password, is lost or stolen or if the Unitholder is aware or suspects that any unauthorized person has come to know of or has used his PIN, Username or password. Upon receiving a written request from the Unitholder in such an event, BAIM will cancel / block the PIN, Username or password and arrange to generate and issue a new PIN, in the interest of the Unitholder.
- The Unitholder hereby absolves BAIM, its officers, directors, agents, employees, etc from any liability, of whatsoever nature, against misuse of the PIN, Username or password. Further, BAIM shall never be liable for any misuse of any data placed on the Website, by third party activities like hacking or unauthorized accessing the server. BAIM will not be liable for any failure to act upon instructions or to provide any facility for any cause that is beyond BAIM's control.
- The Unitholder hereby takes responsibility for all the transactions undertaken by using the PIN Facility and will abide by the record of the transactions generated by BAIM. Further such records generated by BAIM shall be conclusive proof and binding for all purposes and may be used as conclusive evidence in any proceedings.
- The Unitholder shall be fully liable to BAIM for every transaction entered into using the PIN Facility, whether with or without the knowledge of the Unitholder. In no event will BAIM be liable to the Unitholder for any special, direct, indirect, consequential or incidental loss or damages even if the Unitholder has advised BAIM of such possibility.
- The Unitholder shall be solely responsible for ensuring adequate security measures to help prevent unauthorized access or use of the PIN Facility, their transactions and bank accounts, and BAIM shall not be liable of any such unauthorized access and protection of his computer against any computer virus.
- The Unitholder undertakes to comply with all applicable laws and statutory requirements and agrees to be bound by and to diligently follow and ensure compliance with the applicable rules, regulations of BAMF and the SEBI.
- BAIM may not acknowledge receipt of any instructions nor shall be responsible to verify any instructions. BAIM shall endeavor to give effect to instructions on a best effort basis and as soon as practically possible, as permitted by the regulations from time to time. In the event of any instructions being capable of execution in two or more ways, BAIM may execute the instructions in the way as it may, in its sole judgment decide. The Unitholder agrees that the use of the PIN Facility is prone to risk of any loss of or interception of information over internet /, notwithstanding the secure method of transmitting information adopted by BAIM, and that such a risk will be borne by the Unitholder and that BAIM shall not be liable for the same.
- BAIM, alongwith its directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the Online Facility and Call Centre Facility or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon electronic or telephonic instructions or to provide any facility for any cause.
- All records of BAIM, whether in electronic form, magnetic medium, documents or any other with respect to instructions received pursuant to the use of the PIN Facility or instructions received through use of the PIN Facility shall be conclusive evidence of such instructions and shall be binding on the Unitholder.
Online Transaction Facility is NOT OFFERED to those categories that are other than individuals and to those willing to transact electronically either through a Power of Attorney or through arrangements via brokers / distributors or via a third party website, not being the AMC Website. The AMC reserves the right to reject any PIN Applications received from such User. Online Transaction Facility is intended only for the personal noncommercial use of the User. If any User chooses to access / use the Online Transaction Facility from locations outside India, he does so at his own initiative and risk, and shall be solely responsible for compliance with all applicable laws in force in the respective locations outside India / within India.
The User acknowledges that usage of Online Transaction Facility will be at his / her own risks. The risks would, among others include:
- Internet frauds - The AMC Website / Internet per se is susceptible to number of frauds, misuse, hacking and other actions, which could affect instructions to the AMC. The AMC shall aim to provide security to prevent the same; there cannot be any guarantee from such Internet frauds, hacking and other actions, which could affect instructions to the AMC. The User is responsible to evaluate all the risks arising out of the same.
- The technology for enabling the services offered by the AMC could be affected by virus or other malicious, destructive or corrupting code, harmful code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inabilities. The User understands that the AMC disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by the AMC to honour any User's instruction for whatsoever reason. The User understands and accepts that the AMC shall not be responsible for any of the aforesaid risks. The User also accepts that the AMC shall disclaim all liability in respect of the said risks.
- User agrees that the User is aware that transmission over internet is not a secure medium, may be inherently unreliable and subject to interruption or disruption and may be subject to inadvertent or deliberate breaches of customer’s security and the AMC shall not be liable for any losses suffered by the User as a consequence thereof.
- In case of any discrepancy in the details of any transaction carried out in respect of the Unitholders' account, the Unitholder shall intimate the BAIM within ten days of receipt of the statement of account or information thereof, failing which the transaction will be deemed to be correct and accepted by the Unitholder.
- Online Transaction Facility and the information contained herein are the property of the AMC or its licensors and are protected by the applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, the User may not reproduce, transmit, license, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such information in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of the AMC.
- User shall not, during or in course of or for the purpose of or in relation to the usage of the Online Transaction Facility, except as permitted by the Terms and Conditions:
- Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any of the AMC Website / Online Transaction Facility in violation of the Terms and Conditions or the laws of any country.
- Do any act of omission or commission that violates any intellectual property rights in the AMC Website.
- Engage in any fraudulent, abusive, illegal or unlawful activity.
- Use the AMC Website/ Online Transaction Facility to violate the security of AMC/Fund’s/Registrar’s computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal, unlawful or non-permitted activities.
7. NO WAIVER
No forbearance, delay or failure on part of BAIM to exercise any power or right shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any other power or right.
The Scheme Information Documents ("SID") made available by BAIM set forth
concisely, the information about the Schemes that an investor should know before
investing. The particulars of the Schemes have been prepared in accordance with
the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 as amended
till date and filed with Securities and Exchange Board of India ("SEBI")
and the Units being offered for public subscription have not been approved or disapproved
by SEBI nor has SEBI certified the accuracy and adequacy of the SID. The SIDs shall
remain effective till a "Material Change" (other than a change in the
fundamental attributes and within the purview of the SIDs) occurs and thereafter
the changes shall be filed with the SEBI and circulated to the Unitholders alongwith
the quarterly / half-yearly reports. All Unitholders using the Online Facility /
Call Center Facility are notified that any information made available by BAIM should
be used in conjunction with traditional investment techniques, which may include
obtaining applicable legal, accounting, tax or other professional advice or services.
BAIM excludes any liability arising out of any omissions, errors or investment consequences
arising from the use of the PIN Facility on the Website by any Unitholder.
Applicable to citizen of USA/ Canada: I/We hereby confirm that I/We am/are not restricted persons resident in Canada or in Countries which are non-compliant with FATF Agreements or in the United States of America (USA), or corporations, or partnerships or any other entity created or organised in or under the laws of USA or any person/entity falling within the definition of the term 'US Person' under the US Securities Act of 1933, (as amended). I/We hereby confirm that I/We are not giving a false confirmation and/or disguising my/our country of residence. I/We confirm that BOI AXA Investment Managers Pvt. Ltd. is relying upon this confirmation and in no event shall members of the BOI AXA Group and / or their directors, officers and employees be liable for any direct, indirect, special, incidental or consequential damages arising out of false confirmation/information.
I hereby confirm that the bank account being debited for the above investment is held in the name of 1st Unit holder. I further confirm that I have read and understood the provisions pertaining to restrictions of Third Party Payments as given in the SID/SAI/KIM and hereby authorize BAIM/BOI AXA Mutual Fund to reject the transaction and/or subsequently redeem my units/investment at the applicable NAV, in case it is found that the payment is made/received from an account not belonging to the first unit holder of the mutual fund. Further, in case the bank account used for the online investments is not a registered bank account then I undertake to comply with the provisions of "Registering multiple bank accounts" and get this bank account registered immediately.
BAIM shall keep the information relating to the transactions of the Unitholder confidential. Provided however that BAIM is entitled to disclose any information or particulars pertaining to the Unitholder to any authority, statutory or otherwise as may be required by law or to its service providers / agents for the discharge of its obligations.
The Unitholder may terminate the PIN Facility by making an application to BAIM in writing and signed by him along with other joint Unitholders and disable the PIN. BAIM shall disable the Username and the PIN provided to the Unitholder (including joint Unitholders) within a period of ten (10) business days from the date of receipt of the said request. BAIM may terminate the PIN Facility of the Unitholder without prior notice on the occurrence of any event, which in the sole opinion of BAIM, may have a material adverse impact (as may be solely determined by BAIM) on the Designated Account or on BAIM / BAMF, including but not limited to:
(a) non-compliance of these Terms and Conditions;
(b) death, insolvency, bankruptcy or liquidation of the Unitholder(s).
(c) any other cause arising out of operation of law.
(d) closing of Unitholder's Designated Account.
(e) Receipt of a request for termination of Online Transaction Facility from any Unit Holder in case of folios having ‘either or survivor’ as mode of holding
(f) Receipt of a request for termination of Online Transaction Facility from all Unit Holders in case of folios having ‘Joint’ as the mode of holding
(g). The User goes into liquidation or dissolution or presents or is presented with a petition for or passed a resolution for winding up either compulsory or voluntary or makes any arrangement with its creditors or any assignment for the benefit of creditors, or if a receiver or manager of its business or undertaking is duly appointed, or if distress or execution shall be levied or threatened upon any of its property or if it suffers any similar action in consequence of debt.
(h) BAIM may terminate access to a Facility for any User if he/she is in breach of any of these Terms and Conditions mentioned above.
(i). Any other cause arising out of operation of law
(j) Such other reasons as the AMC may deem fit.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of India. The Courts of Mumbai shall have exclusive jurisdiction over any disputes arising out of or in connection with these terms and conditions. All the transactions carried out through the PIN Facility are subject to the terms and conditions of the SID of the relevant schemes of BOI AXA Mutual Fund, as amended from time to time.
Any dispute arising out of or in connection with these Terms and Conditions will be referred to the arbitration of a sole arbitrator to be appointed by BAIM, in accordance with the Arbitration & Conciliation Act, 1996.
These Terms and Conditions are subject to Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 and guidelines/Circulars issued there under as amended from time to time and other laws, rules and regulations issued by the Government of India relating to mutual funds and provision of the PIN Facility.
Any notice, communication or other documents required to be given by either Party
to the other under the terms of these Terms and Conditions, may be given by personal
delivery, registered post, by fax, or by other electronic medium as agreed by both
Parties from time to time, at the following addresses:
a) If to BAIM:
BOI AXA Investment Managers Pvt. Ltd.
B/204, Tower 1, Peninsula Corporate Park,
Ganpatrao Kadam Marg,
Lower Parel, Mumbai - 400013
The User has an option either to write an email on firstname.lastname@example.org or call on 1800-266-2676 & 1800-103-2263 (Toll Free) or detailing the grievance so as to allow BAIM to take appropriate action on the same.
b) If to the Unitholder: At the address of the Unitholder as recorded with BAIM.
The notice, communication or document shall be deemed to be effective if given by
personal delivery when so delivered, if given by post on expiration of seven days
after the notice, communication or document is delivered to the post office for
onward dispatch, if given by fax or telex upon transmission thereof. Provided that
any notice, communication or document given by fax, shall be followed by a confirmation
The information and opinion contained in this document do not constitute a distribution, an offer to buy or sell or the solicitation of any offer to buy or sell any securities or financial instruments for persons belonging to United States of America ("US"), Canada and in Countries which are non-compliant with FATF Agreements to or for the benefit of United States persons (being persons resident in the US, corporations, partnerships or other entities created or organised in or under the laws of the US or any person falling within the definition of the term "US Person" under the US Securities Act of 1933, as amended) and persons of Canada and of Countries which are non-compliant with FATF Agreements; (collectively called 'Restricted Persons') . The term "U.S. Person" shall mean any person that is a "United States Person" within the meaning of Regulation under the United States Securities Act of 1933 or as defined by the U.S. Commodity Futures Trading Commission or as per such further amended definitions, interpretations, legislation, rules, regulations etc. as may be in force from time to time. In no event shall members of the BOI AXA Group and / or their directors, officers and employees be liable for any special direct, indirect, special, incidental or consequential damages arising out of the use of information / opinion herein. Hence, the units of the schemes can be purchased by persons other than 'U.S Person', residents in Canada and in Countries which are non-compliant with FATF Agreements.
Sole / First Unitholder: