Terms & Conditions
Definitions
- ' Website' refers to the website of the Fund located on URL: www.boimf.in
- ' Fund ' refers to Bank Of India Mutual Fund.
- ' AMC ' refers to Bank Of India Investment Managers Private Limited, being the Investment Manager to the Fund.
- ' TC ' refers to Bank Of India Trustee Services Private Limited being the Trustee to the Fund.
- ' We ' refers to collectively the Fund, AMC and TC, and 'Us' or 'Our' shall be construed accordingly.
- "Offer Document" refers to the document issued by the Fund as amended from time to time (including by way of addendum), offering Units of the respective Schemes/plans for subscription. Offer document includes Statement of Additional information for general legal information relating to schemes and Scheme Information Document (SID) giving scheme specific details, issued by Us
- ' Products' / 'Schemes' refers to one or more existing products/Schemes of the Fund.
- ' You ' refers to the visitor on the site who browses through the site or any one or more of its pages, and 'Your' will be construed accordingly.
- ' Terms and Conditions ' refers to these Terms and Conditions.
Rules and Regulations for access or usage of AMC’s computers resource by any person
You can access www.boimf.in (herein after referred to as "this Website”) or any of the AMC’s computer resource, subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of Bank Of India Investment Managers Private Limited AMC as set out below ("Terms of Use"). This Agreement is for an indefinite term and you understand and agree that you are bound by such terms.
General
- You understand that Bank Of India Investment Managers Private Limited AMC may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to this Website or related services or may discontinue or change, at any time, any of the services available through this Website.
- Pages within this Website may contain supplemental Terms and Conditions and additional disclosures and disclaimers, which are in addition to these Terms and Conditions, disclosures and disclaimers.
Capacity to contract
- You must be 18 years of age or older to visit or use this Website in any manner. In the event that you are below 18 years of age, you are visiting this Website at your own risk and you alone shall be liable for your actions. By visiting this site or accepting these Terms of Use, you represent and warrant to Bank Of India Investment Managers Private Limited AMC that you are 18 years of age or older, and that you have the right, authority and capacity to use this Website and agree to and abide by these Terms of Use. By using this Website, you agree to follow and be bound by all terms and conditions concerning your use of this Website
Compliance with Applicable Laws
- This website is intended for use by such investors, prospective investors and distributors authorized by law and regulations to invest / deal in Mutual Fund units. This Website is not intended for distribution, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. It is the responsibility of the respective person who accesses the information contained herein to observe all applicable laws and regulations of the relevant jurisdictions.
- The Use of this Website may be monitored, tracked and recorded. Any unauthorized, unlawful access may be subject to a legal recourse by the AMC / Trustees / Sponsors of the Mutual Fund.
User representations and warranties
- You represent and warrant to Bank Of India Investment Managers Private Limited AMC that you will use this Website in a manner consistent with any and all applicable laws and regulations.
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You represent and warrant that you will not make any unauthorized usage of this Website including but not limited to the following:
- transmitting or sending unsolicited commercial or marketing communications
- deleting or revising any content
- attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; and
- aggregating, copying or duplicating in any manner any of the content or information available from this Website
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You represent and warrant that the you shall not host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and to which you do not have any right to
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
Contents on this Website
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While due care has been taken to ensure the accuracy of information on this Website, the Mutual Fund, the AMC, the Trustee Company, the Sponsors and the RTA, shall not in any way be responsible for any loss or damage arising in contract, tort or otherwise from:
- any inaccuracy or error or omission of any data.
- interruption or delay in the provision of this service.
- In addition to and without limiting the foregoing, Bank Of India Investment Managers Private Limited AMC shall not be liable for any harm caused by the transmission, through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the services or any of the user’s software, hardware, data or property.
- You specifically agree that Bank Of India Investment Managers Private Limited. AMC shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Website
Property rights in information and services
- All trademarks, logos and service marks, information and content provided on this Website, including its design structure and compilation, are privately owned Intellectual Property Rights of Bank Of India Investment Managers Private Limited AMC and/or its affiliates or group companies and/or otherwise permitted for the use of Bank Of India Investment Managers Private Limited AMC. You may not copy, transmit, distribute, modify, reuse, sell or display any of the Proprietary Content for any purpose except with the prior written consent of Bank Of India Investment Managers Private Limited AMC, which it may issue in its sole discretion. Unauthorised use of the materials appearing on the Website may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. You are granted a non-exclusive, non-transferable and limited right to access this Website.
Linked sites
- Bank Of India Investment Managers Private Limited AMC provides links to other sites for the convenience of users in locating related information and services. The content to which links may be made available on this Website have not been developed, checked for accuracy, or otherwise reviewed by Bank Of India Investment Managers Private Limited AMC. It makes no representations whatsoever about any such website which the user may access through this Website and is not liable to users for any content viewed by them through a link which may be provided from this Site. A link to a website does not mean that Bank Of India Investment Managers Private Limited AMC endorses or accepts any responsibility for the context or the use of such website.
- Bank Of India Investment Managers Private Limited AMC is not liable for any loss or damage caused by any delays, inaccuracy, errors or omissions in the content of any link, whether actual, alleged or consequential. Bank Of India Investment Managers Private Limited AMC is not liable for any content displayed on the linked website, not furnished or provided to it by any third party including, without limitation, the accuracy, subject matter, quality or timeliness of such content. It is the responsibility of the user to take necessary precautions to ensure that whatever is selected for use is free of such items as viruses and other items of a destructive nature.
Indemnity
- You agree to indemnify and hold Bank Of India Investment Managers Private Limited AMC, Sponsors, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of or conduct on the Site.
Amendments
- Bank Of India Investment Managers Private Limited AMC reserves the right to add, amend or revise, in whole or in part, any of the services or contents on this website or these Terms and Conditions at any time without prior notice. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on users. You are requested to keep yourself updated for the changes by reading the same from time to time
Governing law
- The Usage of this Website and these Terms and Conditions shall be governed by /construed in accordance with, the laws of India.
Jurisdiction
- Any dispute arising out of the Scheme(s) and the usage of this Website shall be subject to the exclusive jurisdiction of the Courts in India.
Bank Of India Investment Managers Private Limited AMC reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms and conditions.
Your continued use of this Website will be deemed acceptance of these terms and you will be unequivocally bound by all these terms and conditions, including amendments, if any.
Bank Of India Investment Managers Private Limited AMC has appointed Mr. Anant Swami (AVP-IT Infrastructure) as the Grievance Officer to redress complaints arising from the usage of this Website or usage of any computer resource provided by the AMC. The contact details of Mr. Swami are as under:
Name : Mr. Anant Swami
Telephone Number: 022-61249053
Email : anant.swami@boimf.in
In case you have any complaints arising from the usage of this Website or any of the terms and conditions mentioned above including unauthorized usage by anyone as detailed in clause 8 above or the usage of any computer resource provided by the AMC, you are requested to contact the Grievance Officer at the details mentioned above.
Terms of usage of the Website & General conditions
- Acceptance of Terms & Conditions by You is a pre-condition to access the Website or use any services provided hereunder. In the event You do not unqualifiedly and without modification or reservation agree and accept in entirety these Terms & Conditions, You shall not continue to access the Website. The usage of Website is also subject to all applicable Indian laws.
- The Terms and Conditions contained in the PIN Agreement shall also govern the Online Transaction Facility.
- The information and guidance if any on the Website does not and is not intended to constitute a recommendation (unless indicated otherwise) and is not a solicitation by Us for Your purchasing or subscribing to any units of the Fund or transfer, switch or sale thereof.
- The Website does not and is not intended to provide any tax, legal, investment or other financial advice, for which You should contact Your own tax, legal or financial advisors or consultants.
- It is Your sole responsibility to evaluate the completeness, accuracy or usefulness of any information, guidance or other content made available on the Website and You should consult Your own tax, legal, investment or financial Advisor as to the legal, business, tax and related issues with reference to Your own unique situation.
- Views or recommendations or opinions of 3rd party experts/professionals/others posted on the Website may represent their own views and not necessarily be endorsed by Us.
- Any decision to purchase or subscribe to any units/Products of the Fund or transfer, switch or sale thereof is Your sole responsibility and should be based on Your own decision. You may consult Your tax, legal, business or financial advisor before taking any decision.
- You can access the Website at Your cost, expenses and efforts including cost of hardware and software, telecommunication links/access charges required by You to access the Website.
- The Website is not for use of residents of USA, Canada and UK. This site may be used by any other person for information purposes only, or where We provide any transaction services or any other informational services for such services only. The Website should not be used by any person located in a non-Indian jurisdiction, if access to or usage of the Website or availing any services under the same is not lawful in any such jurisdiction.
- The Website may contain links to other websites, web pages and services. Your use of each such website, web page and services on any other website or web service is subject to the terms and conditions, if any, of the respective website or web service.
- You should assume that everything You see or read or hear or experience on the Website (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively "the Content") is copyrighted/protected by intellectual property rights laws unless otherwise mentioned and may not be used except as provided in these Terms and Conditions.
- We do not warrant or represent to You that Your use of any content on the Website will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with Us.
- While We have taken adequate care to ensure completeness and accuracy of the information/services provided on the Website, neither We nor any of Our personnel or Directors or any expert/professional/3rd party invited by Us shall in any circumstances be liable for any loss or damage (including any incidental or consequential or special or punitive loss or damage or penalties) caused due to Your reliance on information or services provided on the Website.
- We are under no obligation and assume no responsibility for any content being defamatory, libelous, slanderous, stating any falsehood, obscenity, pornography, profanity or danger posted on the Website by any unauthorized person.
Intellectual Property Rights
- Subject to point 2 below, the entire IPR (Intellectual Property Rights) in the Website and contents thereof absolutely vests in Us. © 2008-2009.
- We acknowledge IPR of all 3rd parties.
Restrictions
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You shall not, during or in course of or for the purpose of or in relation to the usage of the Website, 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 Website/Online Transaction Facility in violation of the Terms and Conditions or the laws of any country.
- Do any act that of omission or commission that violates any intellectual property rights in the Website.
- Engage in any fraudulent, abusive, illegal or unlawful activity.
- Use the Website to violate the security of any or Bank Of India Investment Managers Private Limited's or Bank Of India Mutual Fund'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.
- You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or hate material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing the AMC, TC and/or the Fund to disclose the identity or provide any information/details of anyone posting any such information or materials.
Our Products/Schemes, Product Offer Document and Risk Factors
- In case You wish to subscribe to units in relation to any Product/Scheme, We urge You to go through the Scheme Information Documents (SID) and the Statement of Additional Information carefully before taking any decision to invest. For this purpose, You may download the Scheme Information Documents (SID) and the Statement of Additional Information which contains all relevant/important information and attendant risk factors.
- The Fund has been established as a trust under the Indian Trusts Act, 1882 and is co-sponsored by Bank Of India and AXA Investment Managers, Asia Holdings Private Limited. The Sponsor's liability is restricted to INR 100000. Bank Of India Investment Managers Private Limited and Bank Of India Trustee Services Private Limited, being private limited companies incorporated under the Companies Act, 1956 with limited liability, are Investment Manager and Trustee respectively to the Fund.
- All investments in mutual funds and securities are subject to market risks and the NAV of the schemes may go up or down depending upon the factors and forces affecting the securities market. There can be no assurance or guarantee that a scheme's investment objectives will be achieved. Past performance is not necessarily an indication of future performance of the schemes. The name of the Schemes referred to in the Website or their respective Scheme Information Documents (SID) are only the names of the schemes and do not in any manner indicate either the quality of the scheme or their future prospects or returns. The Fund is not guaranteeing or assuring any dividend or returns under any of its schemes. Please refer to specific risk factors for each of the Schemes in their respective Scheme Information Documents (SID). Please read the respective Scheme Information Documents (SID), the Statement of Additional Information, relevant Addenda carefully before investing.
Indemnity
- You specifically agree that any of Your direct or indirect acts of omission or commission which cause Us loss, damages, etc. would entitle Us to take suitable action against You and others engaged in such acts under appropriate civil, criminal and/or common law for damages and/or punishment.
- You agree to indemnify and keep Us indemnified at all times from all losses, damages, costs, expenses, loss of profits, loss of business, proceedings, actions, suits (including legal fees) caused to or suffered by Us.
Limitation of liability
- Under no circumstances, including but not limited to negligence, shall We or Our employees and directors, Affiliates, 3rd party suppliers, financial advisors, service providers shall be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of the Website, with the delay or inability to use the Website or any links or items on the Website, the provision of or failure to provide services, or for the Content obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair and correction services or resulting from the use of the Website or obtained or messages received or transactions entered into through or from the Website or resulting from unauthorized access to or alteration of Your transmissions or data, even if We have been advised of the possibility of such damages.
- In no event shall Our liability to You for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by You, if any, for accessing the Website at and for the relevant time.
Hyper-linking Conditions
You may link Your website to the Website, provided:
- The link should point to Website's homepage only and You will not deep-link to any other page of the Website.
- The link is for a bonafide purpose, and is consistent with Your activities.
- You will not use or provide a link for any illegal, unauthorized, unlawful activity or purpose.
- You will remove such links whenever asked by Us without being entitled to any reason for the same.
Privacy
- The User represents that he is aware that in the process of using or subscribing to the Service or parts of it, BAMF may obtain information relating to the User, including that of a confidential nature. This information will be used by BAMF for its internal purposes and will be kept confidential. For further details, you are requested to refer the Privacy Policy
Modification of these terms and conditions
- We may assign our rights and obligations under these Terms to any other member of the Bank Of India Group or to any successor to that part of our business which includes the Site, provided always that the assignee undertakes to comply with our obligations under the Terms, or appoint one or more agents to provide all or any of the service and references to "we", "us" or "our" will include references to such assignees and agents.