Samyama Advisors Private Limited is a company registered with the Securities and Exchange Board of India as an InvestmentAdvisor under SEBI (Investment Advisers) Regulations, 2013 (“IA Regulation”) vide registration no. INA000015321 having its registeredofﬁce at 30, Omkar House, Near Swastik Cross Road, Navarangpura, Ahmedabad, Gujarat – 380009, India.
Samyama Advisors Private Limited and it’s parent entity Helena Edtech Private Limited provide investment advisory services through the mobile app and website under the brand name of “Edufund” (hereinafter the Investment Adviser is referred as “Edufund”).
Using our Services shall constitute a binding agreement (hereinafter referred as the "Advisory Agreement") between EduFund AND
You (also referred to as "the client" which expression shall, unless repugnant to or inconsistent with the context or meaning thereof, be deemed to mean and include if the Client is an individual (his/her heirs, executors, administrators and legal representatives and permitted assigns/family members); if the Client is a Partnership Firm, (the partners for the time being of the said ﬁrm, the survivor or survivors of them and their respective heirs, executors, administrators and legal representatives/its successors and permitted assigns); if the Client is a company or a body corporate or limited liability partnership or sole proprietor (its successors and permitted assigns); if the Client is the Karta of a Hindu Undivided Family, (the members for the time being of the said Hindu Undivided Family and their respective heirs, executors, administrators and assigns); if the Client is a Trust, (the principal trustee or the board of trustees or the trustees or person authorised by the board of trustees for the time being and from time to time);
Scope of Engagement
The terms stated herein shall apply to the execution services to be facilitated by EduFund.
The relationship between Client and EduFund shall be on a principal-to-principal basis. The Client hereby acknowledges that it shall have no right whatsoever to bind or act on behalf of, EduFund.
Scope of Execution Services facilitated by us
You do not have an obligation to use our Execution facilitation services. You can use any other third party or entity for purchase, redemption, sell of investment products.
Execution facilitation services are provided by a separately identiﬁable unit distinct from our Advisory Services.
All Mutual Funds can be executed via BSE Star Platform for which you are required to submit a signed Application Form of BSE Star.
There are two BSE Star Forms that you can submit. BSE Star requires you to submit two unique forms i.e. for executing Mutual Funds under Regular code and Direct code.
For all purchase, the transaction of Mutual Funds is done by directly paying into BSE’s payment system i.e. ICCL (“Indian Clearing Corporation Limited”).
Fulﬁlment of units is also done via BSE Star Platform and by the Asset Management Companies directly.
For all other investment products, you execute the transactions directly with Asset Management Companies or other intermediaries including agreements with such companies/entities. And also, directly making the purchase with such entities. Any facilitation fee will be disclosed to you.
You conﬁrm that you shall independently evaluate the services and capabilities of the Intermediaries, Asset Management Companies and you shall enter into the same at your sole discretion, judgment and opinion.
You further undertake and conﬁrm that you shall be responsible for all the investment decisions executed through such Intermediaries. We shall not be held liable in respect of services rendered by the Asset Management Companies or any other Intermediaries.
You acknowledge that investment decision and choice of products are your choice and you are not under obligation to use our facilitation services.
You hereby conﬁrm you will or have undertaken a risk assessment on our Application and you have understood your risk tolerance level.
You understand that your investments can experience volatility or lack of liquidity or credit risk. The ﬂuctuations are dependent upon various factors such as: macro-economics, geopolitical, sentiments, fundamentals, micro-economics, the performance of underlying companies and assets. These are not the only factors and there could be many other factors that can lead to such volatility, reduction, loss or increase in capital.
All investments are subject to market risks. As an investor, you have satisﬁed yourself by reading the investment brochures.
Our liability and responsibilities to you
We will attend your account with due care and diligence. All decisions in relation to Investments are based on your own evaluation of your ﬁnancial circumstances and investment objectives. Any decision, action or omission to buy, sell or hold Investments shall be based solely on your own veriﬁcation and a proper evaluation of all the relevant facts, ﬁnancials and other circumstances and neither we nor any of our employees, ofﬁcers, directors, personnel, agents or representatives shall be responsible or held liable for the same for any reason whatsoever.
We shall maintain an arms-length relationship between execution facilitation activities and Advisory services as prescribed by the Regulation.
You are aware of the risk such as acts of force majeure including nationalisation, expropriation, currency restriction, measures taken by any government or agency of any country, state or territory in the world, industrial action or labour disturbances of any nature, boycotts, power failures or breakdowns in communication links or equipment (including but not limited to loss of electronic data) international conﬂicts, violent or armed actions, acts of terrorism, insurrection, revolution, nuclear fusion, ﬁssion or radiation, or acts of God, default of courier or delivery service or failure or disruption of any relevant stock exchange, depository, clearing house, clearing or settlement systems or market, or the delivery of fake or stolen securities.
No fees will be charged to you for the execution facilitation services.
Protection of Intellectual Property Rights and use of the Application
You agree and acknowledge that the intellectual property in all material provided on the application, including literature, manuals, reports, research papers, data, ﬂow charts, drawings, designs, logo, videos, illustrations, diagrams, tables, software, source code or object code or other information or materials in whatever form and on whatever media stored or held (“Material”) is owned either by EduFund or third-party entities who have licensed or permitted such placing or use of Materials. Except as expressly permitted herein or on the Application, none of the Materials shall be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EduFund.
You shall not transfer, reverse engineer, decompile, disassemble, modify or create derivate works based on the Materials except as permitted herein or by law.
You also agree not to use any Material available on our Application for any unlawful purpose, and you shall comply with the request of EduFund or any of the third party providers to protect their respective rights thereon.
The copyright, trademarks, service marks, registered designs, database rights, patents and all similar rights in and relating to the Material are owned by EduFund, its licensors or relevant third party content providers. Nothing on the Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use Material without written permission of EduFund or the relevant third party owners.
You agree and warrant not to do anything that will violate, infringe, prejudice or in any way affect EduFund's or any third party's intellectual property rights and shall take all necessary measures to preserve and protect these intellectual property rights.
While availing the provisions or services rendered by EduFund to you, you shall not:
use, sell, distribute, publish, broadcast, circulate, reproduce, retransmit, disseminate, exploit (whether for commercial beneﬁt or otherwise) the Material obtained from or through EduFund (including from Application of EduFund) in any manner whatsoever without the express written approval of EduFund;
use the Material for any wrongful or illegal purpose or in contravention of applicable laws;
make any additions, modiﬁcations, adjustments or alterations to, tamper any part or corrupt any Material or services available on our Application;
use the Material and/or facilities available on our Application otherwise than as contemplated under these terms and conditions or such other directions which may be issued by EduFund from time to time;
amend, modify, suspend or terminate the operation of the services and the provisions rendered by EduFund;
Authority of Personal Representatives
In the event of the Client’s demise, EduFund shall be absolutely protected in acting under these terms and conditions until EduFund receives written notice of death from the legal representatives or executors of the Client. The legal representatives or executors will be recognized by EduFund as having the sole authority to act under these terms and conditions on behalf of the deceased Client only upon the legal representatives or executors producing the appropriate and valid legal documents which establish them as the legal representatives of the deceased Client. All acts performed by EduFund prior to receiving written notice of the Client’s death shall be valid and binding upon the Client and the Client’s successors in title.
Without prejudice to the other rights or remedies that EduFund may have under the applicable laws, you hereby agrees to indemnify EduFund, its directors, employees and representatives for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and/or non-observance of your duties and obligations under this Agreement or due to breach of terms and conditions provided herein;
The provisions of this clause shall survive the termination of this Agreement for any reason whatsoever.
EduFund reserves the right to terminate User Account or this Agreement forthwith, upon the occurrence of any of the following events:
if you commit breach of any of the terms and conditions hereunder;
the you become insolvent or enters into liquidation or receivership or suffers an administration receiver to be appointed in relation to the whole or any part of its assets, or suffers any judgment to be executed in relation to any of its property or assets, if any of these would adversely affect the performance of the obligation under this terms and conditions;
any of your representations, warranties or statements hereunder or in the Application Form or in any document delivered pursuant to these terms and conditions has not been complied with or is incorrect or incomplete in any respect;
You can opt out of using our Services by writing to us at email@example.com.
Rights of EduFund to restrict the usage: You agree and accept that EduFund has the sole discretion to restrict you from using the Application.
Compliance with applicable laws: Your relationship with EduFund and rendering of the investment advisory services herein shall be subject, at all times, to the applicable laws. EduFund may take or refrain from taking any action whatsoever, and you shall do all things required by EduFund, in order to procure or ensure compliance with applicable laws.
Acting upon the instructions: Any instructions (oral or otherwise) purported to be given by any person other than you, need not be acted on by EduFund but EduFund is authorized to act on any and all such instructions which EduFund believes in good faith, or has reason to believe, is from you as soon as such instructions have been received by EduFund in writing, fax, or email correspondence thereof. EduFund shall not be liable for any loss, damage, cost, charge and expense incurred by you as a result of EduFund so acting.
Security Measures: You shall be responsible for the systems used by yourself with respect to dealings with EduFund and for various security measures which you have to take to prevent unauthorized access to details relating to the dealing with EduFund through the Application, and EduFund shall not be liable for any such unauthorized access.
Non-individual Clients: In cases where a person is using our Application for and on behalf of a non-individual Client, the person represents that it has the appropriate authority to use our Application and bind the said entity to this agreement.
Notiﬁcation of error etc: Whenever you receive any communication pursuant to this Agreement from EduFund, that you agree it will inform EduFund of any mistakes or omission or disagreements within seven (7) days from the date of the relevant information/documents. If you fail to do so, you shall be deemed to have agreed to the contents in such communications and will no longer have the right to dispute the accuracy thereof. Accordingly, EduFund has the right to treat your silence as your representation that such communication is accurate or/and to your satisfaction. Nothing in this Clause shall prevent EduFund from unilaterally amending any such statement for any inaccuracy it detects.
EduFund reserves the right to amend, modify or vary any of the terms stated herein at any time in its sole and absolute discretion and any such amendment, modiﬁcation or variation shall take into effect and bind you from such date as may be prescribed by EduFund.
If any dispute and/or difference that has arisen between the Parties hereto during the subsistence of this terms and conditions or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of these terms and conditions or regarding any question arising out of this terms and conditions or otherwise, the Parties hereto shall endeavour to settle such dispute/difference amicably by negotiation.
In case of failure to resolve the dispute and/or difference amicably, the dispute and/or difference shall be referred to Arbitration presided by a sole arbitrator.
The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or any amendment thereto.
The Arbitration proceedings shall be held in Gurugram, India and the language shall be English.
The Parties hereto shall submit to the Arbitrator's award and the award shall be enforceable in any competent court of law.
The provisions of this clause shall survive the termination of these terms and conditions for any reason whatsoever.
Governing Law and Jurisdiction
The laws of India shall govern this Agreement, and the courts of Gurugram shall have the exclusive jurisdiction.