General Terms

These terms and conditions (“Terms”) contain important information pertaining to your mutual fund investment account with Bizaay Ventures LLP (hereinafter referred to as “Bizaay”, “our” or “us”). The Terms govern the relationship between us and you, the user (“You” or “Client”). Investment is enabled through Bizaay Ventures LLP, a mutual fund distributor registered with AMFI having ARN – 329544 and APMI Registration Number is APRN05721.

The Platform is owned, operated and maintained by Bizaay Ventures LLP, LLP Identification Number: ACN-7423, having its registered office at A1 405,SPRING VALLEY,NEW CITY LIGHT,SVR COLLEGE,SURAT – 395007.

These Terms shall govern the relationship between Bizaay and its clients (hereinafter “Client”, “you”, or “your”). Access to, and usage of your account and the Platform is subject to your compliance with the Terms set forth herein, read with the “Privacy Policy” and “Refund and Cancellation Policy”, and any other documents as may be applicable. This includes but is not limited to the various application forms and undertakings signed by you at the time of opening your account(s). Please note that the information contained herein is subject to change without notice. Please read this page carefully and retain it for future reference. You agree to any and all changes to the Terms without specific communication from Bizaay, by Your continuing usage of the Platform and/or continuing to hold an account with Bizaay.

Disclaimer

The Client understands and agrees that all investment and/or investment decisions are based on the Client’s own investment objectives and evaluation of prevailing financial circumstances. This extends to all decisions made by the Client on the basis of any information that may be available on the Platform. The Client understands that Bizaay is merely a facilitator providing access to its Clients to participate in the investments, and that Bizaay does not seek to influence or otherwise affect the decision-making process of its Clients in any way whatsoever.

The Client shall not hold nor seek to hold Bizaay or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any investment losses or damages incurred as a consequence of relying upon any information, opinions, advice or any other material whatsoever on the Platform or in any brochures, promotional material or any other literature promulgated by Bizaay or any of its affiliates or partners.

The Client shall seek independent advice from professionals on the suitability of any investment decisions. The Client acknowledges that employees and representatives of Bizaay are not authorised to give any such advice, and that the Client shall not solicit or rely upon any such advice from Bizaay or any of its employees or representatives. Any advice of this nature inadvertently given by any employee or representative of Bizaay shall strictly be construed as being in their personal capacity, and Bizaay disclaims any liabilities arising thereto.

Account opening and registration

Before availing of any online investment services on the Platform, the Client is required to complete Bizaay’s registration process, as may be prescribed from time to time. To register yourself, you are required to follow the procedure mentioned on the Platform, along with any instructions communicated to you by Bizaay employees or representatives. Your account shall be opened after submission of the requisite documentation and its verification and at the sole discretion of Bizaay.

Any pickup of the required documentation pertaining to the account opening procedure is subject to the availability of our representatives at any particular time and location.

Account security and passwords

The Client acknowledges that they shall be responsible for maintaining their login credentials in a secure and confidential manner. Clients shall solely be responsible for all orders entered and transactions executed on the Platform using their login credentials, irrespective of whether the person actually executing such transactions were authorised to do so or not. Bizaay assumes no responsibility whatsoever for any liabilities arising out of unauthorised access to a client’s login credentials.

The Client acknowledges that they are fully aware of and understand the risks associated with online investment services, including the risk of misuse and unauthorised access to their login credentials by third parties. The Client also acknowledges the risk of third parties hacking into their Login ID on Bizaay platform and unauthorisedly routing orders on behalf of the Client through the System.

Modification of details

The Client declares that the modification information provided by them, is true to the best of their knowledge.

The Client undertakes to inform Bizaay of any discrepancies, changes, or incorrect information that they become aware of, immediately.

The Client understands and accepts that in case any information provided for modifying bank account details is incorrect or misleading, they would be held liable for all such consequences/actions taken.

Orders

All orders and instructions routed through Bizaay Platform via the Client’s ID, including but not limited to those for purchase, sale and pledge of any securities, shall be deemed to have been made by the Client.

Bizaay shall in no way be responsible for any orders entered by the Client by mistake on the Platform. Every order entered by the Client through their Client IDs shall be deemed to be a valid order, for which the Client shall bear full responsibility.

Investments in mutual funds

The online platform provided by Bizaay is an order collection platform that collects orders on behalf of Clients and places these orders for execution. The Client expressly agrees that Bizaay is not liable or responsible for any damages arising from non-execution or incorrect execution of orders and that Bizaay does not make any representations or warranties regarding the successful execution of any such orders. A number of issues may arise at the end of the Client, Bizaay or the Exchange. Such issues include but are not restricted to internet link failures, system failures, etc.

The funds required for mutual fund purchases on the platform are debited directly from the Client’s bank account.

You agree that any transaction request falling due on a holiday or after the cut-off time would be processed on the next working day and respective NAV would be applicable as per the Mutual Fund’s Scheme Information Document. The cut-off timings will be prior to the statutory cut-off timing specified under SEBI regulations and the Scheme Information Document for operational convenience. Depending on the mode of payment, the cut-off timings have been decided by the exchanges and payment aggregators/bank.

Mutual fund credits: The funds received by You from all redemption orders on Bizaay are directly credited to your bank account as per the settlement time of the respective Asset Management Company (“AMC”) scheme selected on Bizaay.

You will be allowed to avail or use some of the services of this platform only when You complete KYC and account opening procedures with Bizaay, and agree to abide by all such Policies, Terms and Conditions, and all such consents & terms that you have agreed to during account opening with Bizaay along with all such rules/policies available on the website.

Bizaay may use your personal data and in order to provide services to you, your personal information may be processed by or transferred or disclosed to and / or by third parties like Financial Institutions, RTA’s, Asset Management Companies, KRAs, CERSAI, Government Agencies, or 3rd party service providers & partners, etc., where necessary, to enable us to provide services to you. With your consent, your personal information, and usage of the website/services of Bizaay, may be used by us in order to provide you with information in relation to other products and services used by You. By visiting this platform, you agree to these terms of use and you confirm your wish for your personal information to be processed for these additional purposes.

Any calculators/tools/planners/baskets/goals/featured funds on Bizaay, if any, that are designed to assist you in determining your appropriate amount of investment are not to be construed as any investment advice or strategy.

There may be a possibility of variation in values arising out of delayed data feeds, transmission losses in electronic data, electronic fund transfer etc. for which Bizaay and its authorised representatives shall not be liable in any manner.

Redemption proceeds and dividend payouts shall be credited by the AMC, directly to your bank account provided at the time of registration with Bizaay. This is if the bank account linked to your Bizaay account is on the list of banks with which the mutual fund has a direct credit arrangement. The list of such banks is mentioned in the Scheme Information Document or Key Information Memorandum (KIM) cum common application form of the respective mutual fund.

There may be an applicable exit load/any other charge levied by the Mutual Funds/AMCs that will be chargeable in accordance with the Scheme Information Documents (SID) /Key Information Memorandum (KIM), factsheets, and/or addendums issued thereto from time to time (collectively referred to as “Scheme Related Documents”). You shall read all the scheme-related documents before investing.

Residents in the United States of America & Canada may not be permitted to transact in certain mutual funds, as decided and communicated by the respective AMC from time to time. Bizaay shall not be liable for rejections of such applications by Mutual Funds, where the investor is a resident from such a country banned list by the respective AMC. All such residents are required to do their own diligence with respect to eligibility in investing into such mutual funds/instruments.

NAV/prices/any data shown on the platform to You for the purpose of transacting in any instrument are shown directly on an ‘as is’ basis, which may be provided by a third-party data vendor, directly by AMCs / financial institutions, and/or by any such entity that Bizaay may have an agreement/association with.

Upon any investment made, units are allocated by mutual funds/ AMCs / institutions as per applicable NAV as the case may be, which is not under the control of Bizaay. Bizaay does not warrant that the calculation of NAV and units allotted by Mutual funds are correct.

Client account termination and suspension

There may be circumstances, including but not limited to the breach of applicable law and the Terms, wherein Bizaay will be required to suspend/terminate services offered to the Client, which will prevent the Client from utilising certain/all/any features available on the Platform.

Upon suspension/termination of Bizaay services, regardless of the reason(s), the Client’s right to use the services immediately ceases. Bizaay will not be liable to the Client or any third party for any claims or damages arising out of any suspension/ termination of services or any other actions taken in connection with such suspension/termination.

Representations and warranties

Clients represent and warrant to Bizaay the following:

They are capable of being a valid counterparty to these Terms, including but not limited to being of 18 years, and not barred by any law from accessing the Platform or any services offered by Bizaay, and that these Terms are not in contravention to the rights of any party with whom such Client has any agreements, at any time prior to agreeing to these Terms and while continuing to using the Platform and availing Bizaay services.

They shall always provide Bizaay with valid and updated personal/corporate details about themselves that Bizaay may require, including documentary proof thereof.

The Client has made efforts to make themselves aware of the various risks associated with executing transactions on the various Exchanges, and in particular, the risks involved in online investments via the internet on the Platform. The Client agrees not to pursue any claims against Bizaay on account of any suspension, interruption, non-availability or malfunctioning of the online investment system of the Exchange, or of Bizaay Platform, for any reasons whatsoever.

The Client shall bear full responsibility for all orders entered onto the Platform through their account.

Intellectual Property

All intellectual property, including in relation to the Platforms, including any software, techniques and processes used, and any trademarks, logos, images, material, content, designs, information and other content available on the Platform belongs exclusively to Bizaay or is licensed to Bizaay. By no means is any proprietary right or license in any intellectual property impliedly or expressly granted by Bizaay to the Client or any other user of the Platform (together “Users”) through the User’s use of the Platform.

You shall not copy, decompile, reverse engineer, or otherwise attempt to discover any source code, license, use or assign any intellectual property in the Platform, copy any logos, brand names, marketing or branding material or pictures from the Platform, remove any copyright and other proprietary notices contained in any content on the Platform, or use spiders, crawlers or robots for the purpose of accessing the Platform, or any content on the Platform.

Any unauthorized use of Bizaay intellectual property rights in connection with any other good, service or offering will constitute an infringement of the intellectual property rights of Bizaay and may be actionable under the applicable laws.

Third Party Sites

The Platform may contain links or direct Users to various third-party platforms. If the User uses or clicks on any of these links, the User may be directed/redirected to such external platforms.

If the User decides to visit any such external link, the User does so at their own risk, responsibility and liability. Bizaay does not endorse any platform linked to it or the information appearing therein or any of the products or services described therein on the Platform. Any display of third-party goods/services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval by Bizaay of any such third parties. The User agrees that Bizaay is in no way responsible for the timeliness, accuracy or completeness of information that they may obtain from these third parties and which may be posted/published on the third-party platforms, and as may be amended from time to time.

The User agrees and understands that when using the Platform, they will be exposed to User content from a variety of sources and by different Users, and that Bizaay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User content.

Indemnities

The Client is aware that authentication technologies and strict security measures are required for internet-based investment. The Client agrees to indemnify and hold Bizaay, its affiliates, partners, directors, employees, and agents harmless against any losses that may be suffered by it, its other customers, or any third parties: (a) as a consequence of any claim or action that may be initiated by a third party that is in any way the result of improper use of user ID, password or login credentials by the Client, (b) from failures or delays in the debit process from the bank account for transfer funds including for mutual funds, and (c) in case of bank delays or any technical issue at Bizaay end that may lead to the delay of the fulfilment of an order and the resultant change in the NAV at which the order is placed, in the case of mutual funds.

By agreeing to use the Platform, the Client agrees to indemnify and hold Bizaay, its affiliates, partners, directors, employees, and agents harmless from any losses or harms that may arise due to: (i) breach by the Client of any applicable laws, rules or regulations that may have been applicable to their transactions on the Platform; (ii) breach by the Client of any of the clause contained in these Terms; and (iii) any act, neglect, misconduct or fraud by the Client.

Investment advice

The Client agrees that none of the services available on the Platform shall be deemed to be investment advice by Bizaay.

In the event that the Client receives any information, recommendations or advice from any employee or representative of Bizaay, then such information, recommendations or advice shall strictly be in the personal capacity of such employee or representative, and the Client may act upon it at their sole risk and costs. Bizaay shall in no way be liable or responsible for any transactions executed by the Client in pursuance of such information, recommendations or advice.

Bizaay and its officers, directors, partners, employees, agents and affiliates shall have no responsibility with respect to any investment decisions or transactions of the Client.

Programmes & Initiatives

Bizaay may, from time to time, run some initiatives, programmes or offers to promote Client engagement and Client education. The Client agrees that participating in such an offer is subject to their agreement to the respective offer terms and conditions, if any, in addition to these Terms. The Client further agrees that offers provided may vary from client to client.

Bizaay’s decisions on the manner of operation of any such initiatives or programmes shall be final and binding. Bizaay reserves the absolute right to change, withdraw, modify or suspend the entirety or any part thereof of any such initiative or programme, or add new initiatives or programmes, without any prior notice to any Client or user.

Bizaay also reserves the right to disqualify the Client from any programme or offer in case the Client does not meet the eligibility criteria or any other reasons thereof, including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, at the sole discretion of Bizaay without further notice.

Bizaay may run a client referral program wherein Bizaay encourages Clients to refer their friends and family to begin investing with Bizaay. The terms of this referral programme may change from time to time at the sole discretion of Bizaay with or without prior intimation to the client.

Force majeure

Bizaay shall not be responsible for any delays or defaults in the performance of its obligations due to any contingencies beyond its control. Such contingencies include but are not limited to losses caused directly or indirectly by exchange or market ruling, fires, floods, civil commotions or riots, earthquakes, cyclones, tsunamis, wars, strikes, pandemics or health calamities, any terrorist actions, system failures, breakdown in internet links and any regulatory actions by the government.

Severability

In the event that any one or more of the provisions contained in these Terms become invalid, illegal or unenforceable in any respect under any law or regulations for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.

Miscellaneous

Bizaay does not warrant that the services provided on the Platform will be uninterrupted or error-free. All services on Bizaay Platform are provided to the Client on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.

The Client acknowledges that online investment over the internet involves several uncertainties and complexities with respect to hardware, software, computer systems, communication lines, peripherals, etc., all of which are susceptible to interruptions and dislocations, and which may result in the Platform being unavailable without prior notice. Bizaay does not make any representations or warranties to the Client that online investment facilities on the Platform shall be available to the Client at all times without any interruptions. Clients agree that they shall not pursue any claims against Bizaay on account of any suspensions, interruptions, malfunctioning or non-availability of the services offered on the Platform or any part thereof, for any reason whatsoever.

Clients hereby confirm that they have authorised Bizaay to take all such steps on the Client’s behalf as may be required to complete or settle any transactions executed with Bizaay or executed by Bizaay on behalf of the Client. However, no clause herein shall create an obligation upon Bizaay to take any such steps.

The Client hereby authorizes Bizaay, its affiliates and representatives to contact them via phone calls and SMS, notwithstanding the Client’s registration under DND.

The failure of Bizaay to exercise any right provided herein or available under applicable law shall not be deemed a waiver of any further right hereunder. Waiver of any right by Bizaay shall not be deemed to be a waiver of any further rights of Bizaay. The exercise by Bizaay of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

In the event there is any conflict between the Terms, the Privacy Policy, any other policies applicable to whole or part of the website or Bizaay services to the Client, and agreements entered into between Bizaay and the Client, the following order of prevalence shall apply: (i) agreements between Bizaay and the Client, (ii) any product or service-specific terms and policies, (iii) the Privacy Policy, and (iv) the Terms.

To the fullest extent permitted by law, Bizaay and its affiliates are not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, and goodwill) arising out of or in connection with the User’s use or inability to use the website. In any event, the liability of Bizaay arising out of the Terms shall not exceed INR 100 (Indian Rupees One Hundred Only).

Investment Structure Clarification:

• Our      investment relationships with fund managers MAY NOT be      held directly in the name of "Bizaay Ventures LLP"

• Such      investments may be made through and held in the names of:

  • Partners       of Bizaay Ventures LLP

  • Family       members of partners or key personnel

  • Friends       or associates of the Company

  • Related       entities or trusts associated with the Company

Scope of Investment Claims:

• We      claim to have investment relationships with fund managers whose products      we offer on our platform

• We DO      NOT claim to be invested in ALL funds or schemes      offered by any particular fund manager

• Our      investment may be limited to select schemes or strategies of each fund      manager

• The      quantum, duration, and specific nature of investments may vary      significantly across different fund managers

POTENTIAL CONFLICTS OF INTEREST

Conflict Identification: The investment relationships described above may create actual or potential conflicts of interest, including but not limited to:

• Our      commercial interests in promoting certain fund managers or products

• Preferential      treatment or positioning of products from fund managers in whom we are      invested

• Potential      bias in our research, recommendations, or platform presentation

• Access      to non-public information about fund performance or strategies

Conflict Management: We manage these conflicts through:

• Full      disclosure of our investment relationships as set forth in this document

• Implementation      of internal policies to ensure fair treatment of all products on our      platform

• Segregation      of investment decisions from product recommendations

• Regular      review and oversight by senior management

Governing Law, Jurisdiction and Dispute Resolution

The Terms and the use of the website are governed by and construed in accordance with the laws of India.

In the event any dispute or difference arises between the User and Bizaay in connection with the validity, interpretation, termination and implementation or alleged breach of any provision of the Terms (“Dispute”), both Parties hereto shall endeavour to settle such Dispute within a period of 30 days, amicably with each other and in good faith.

Contact Us

Please reach out to info.bizaay@gmail.com if you have any questions or concerns regarding the Terms.