PLEASE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE BEFORE REGISTERING FOR, ACCESSING, OR USING THE BEHTARI WEBSITE AND/OR MOBILE APPLICATION

Introduction

Behtari Capital (Private) Limited (hereinafter "Behtari Capital", "us", "our", or "we") provides this Behari (https://web.behtari.com/) website (“Site”)/mobile application (“App”) to You under the following terms and conditions (the "Terms of Use"). The App/Site has been developed to provide a platform for various parties including mutual funds, beneficial owners, corporate professionals, participants & investors.

Our Privacy Policy (as posted on our Site/App) (the “Privacy Policy”), which explains how we collect and use information from users of our Site/App ("Users" or “You”), is hereby incorporated by reference in these Terms of Use. By using our Site/App (the "Site/App") or submitting any information to us, You consent to and agree to be bound by these Terms of Use and our Privacy Policy. By using the Site/App in any manner, including but not limited to visiting, browsing, registering with, or using the Site/App, You agree to be bound by these Terms of Use, the Privacy Policy, and all other operating rules, policies, and procedures that may be published by Behtari Capital from time to time on the Site/App, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to You. Your use of the Site/App is governed by the version of these Terms of Use in effect on the date of use.

These Terms of Use constitute a legally binding agreement between You and Behtari Capital. These Terms of Use govern your access and use of the Site/App, as well as the use of services, services, facilities and/or or products, which are available on or through the Site/App (“Services”).

By agreeing to the Terms of Use of this Site/App, You also agree to the terms of each Service, including but not limited to the terms and conditions, trading rules, and disclaimer, and any amendments thereto (hereinafter referred to as the "Terms of Service") and any amendments thereto, which are deemed an integral part of these Terms of Use. In the event of any conflict or inconsistency with these Terms of Use, the Terms of Use will prevail to the extent of such conflict or inconsistency. 

For the purpose of these terms and conditions “Behtari Capital” shall mean Behtari Capital Pvt Ltd and all its affiliates, partner companies, employees, managers and directors.

Account Registration

Before accessing and/or using the Site/App and/or the Services available on or through the Site/App, you must read, understand, and agree to the Site/App Terms of Use, Terms of Service, and Privacy Policy.  You must also agree that you are responsible to review the Terms & Conditions every time you access the App/Site so that you are up to date of any or all amendments made to the T&C’s since your last visit and you agree that you using the App/Site after the date on which such amendments were made to the App/Site will constitute your acceptance of such amendments. This Terms and Condition with such changed terms will govern your continued use of the App/Website.

In order to access certain features of the Site/App or to use the Site/App and/or the Services available on or through the Site/App, You must register with the Site/App to create a user account (the "Account") and be verified as a user through the process we have prescribed. You must complete the registration process by providing us with current, complete, and accurate information as required by us. You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify Behtari Capital immediately of any unauthorized use of your Account or any other breach of security. You will not share your password with anyone, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.

You agree that your Account will be self-directed and that You are solely responsible for all purchases, orders, investment decisions, and instructions placed in your Account. Although the Site/App may provide data, information, or content provided by us or third parties relating to investment strategies and/or opportunities to buy and/or sell securities, You should not construe any such content as tax, legal, financial, or investment advice. Unless we provide You with specific advice that is clearly identified as an individualized recommendation specifically addressed to You, (which is not expected to take place), You represent that any decision to invest is based solely on your consideration of the risks involving a particular security or those of a third-party (i.e. your personal financial advisor) and is made at your own risk. All investments involve a degree of risk, and unless we provide You with individualized recommendation addressed to You, (which is not expected to take place), You acknowledge and agree that You are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions that may include the risk of complete loss of your principal. Behtari Capital has no special relationship with or fiduciary duty to You. You agree and acknowledge that You are solely responsible for conducting legal, tax, accounting, or due diligence review on the companies listed on the Site/App. You are advised to consult with a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice. The Site/App will merely provide You with the ability for You to make your own investment decision without any advice by us or the Site/App.

General Guidelines

You hereby represent and warrant that all information that You provide to Behtari Capital through the Site/App is true, correct, accurate, complete. You acknowledge and agree that Behtari Capital and its agents are entitled to rely upon the information You provide as true, correct, accurate, and complete without verification. We reserve the right to suspend or terminate your Account and, consequently, the Services to you, if any information provided by You during the registration process or thereafter proves to be untrue, incorrect, inaccurate, or incomplete.

Behtari Capital grants You a limited, revocable, non-exclusive, non-transferrable license to view, copy, and print content on the Site/App for personal, non-commercial purposes. Behtari Capital grants the operators of public search engines a limited, non-exclusive, non-transferrable license to copy materials from the Site/App for the purpose of creating publicly available, searchable indices of Site/App content. We reserve the right to terminate or limit your access to the Site/App and/or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site/App or the rights or use and enjoyment of the Site/App by any other person or entity in any manner.

You are prohibited from posting or transmitting any material on or through the Site/App that, in Behtari Capital's sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Behtari Capital will fully cooperate with any law enforcement authorities or court order requesting or directing Behtari Capital to disclose the identity of anyone posting any such information or materials on the Site/App.

Site/App Usage

Access and use of the Site/App, including the Services available on the Site/App, are subject to these Terms of Use of the Site/App,

You have complete freedom to choose to use the Site/App or other applications, use the Services available on the Site/Apps or not, or stop using the Site/Apps, including the Services available on the Site/Apps.

We only facilitate You to find the various Services You need by providing Site/Apps. All Services are provided directly by third-party service providers under an agreement with us ("Service Provider"). 

Site/App Account Opening and Access

Before accessing or using the Site/App, You must agree to the Terms of Use of this Site/App and the Privacy Policy, and register yourself by providing the information required by us. When registering, we will ask You to provide information including, among other things, your full name, email address, and your valid personal mobile phone number, You can change your personal data information in the settings feature in the Site/App.

After registering, our system will automatically generate a verification code and send you the verification code by message to your provided number. You need to verify your account by adding the verification code.

After verifying, our system will create the Account for You which can be used by You to access and use the Site/App and the Services. Your mobile phone number and e-mail address are attached to your Account so You cannot create a new Account with a registered mobile phone number or e-mail address. The same applies if in the future You change your mobile phone number or e-mail address in the settings menu in the Site/App.

Furthermore, You will be asked to create a Personal Identification Number (“PIN”) as additional security when You want to access your account or use the services available on the Site/App, and the features contained therein. 

In the event that You have logged out of your account, then You need to enter the electronic mail address or mobile phone number that You provided at the time of registering yourself, the password and PIN that You created when registering yourself on the Site/App.

YOUR PASSWORD & PIN ARE PERSONAL AND CONFIDENTIAL. WE DON'T KNOW AND NEVER ASK FOR YOUR THEM. NEVER SHARE YOUR PASSWORD/PIN WITH ANYONE EVEN TO US OR ANY OTHER PARTY WHO PRESENTS AS OUR REPRESENTATIVE.

You agree to assume all risks related to disclosing your Account information to any third party and are fully responsible for any consequences related thereto. For example, when You submit detailed information on your Account access (including PIN) to a third party other than the Site/App, that third party may have access to all information about You that is available on your Account.

To the extent permitted under Applicable Regulations, we are not responsible for your losses incurred in connection with the disclosure of such information to third parties, including if our system considers that accessing your Account by such third parties is considered an authorized access.

Device Authentication Features

If You are using a device that supports biometric authentication features using fingerprint and /or facial recognition, You can activate the authentication feature on your device to log into or access your Account on the Site/App.

In the event that You activate the biometric authentication feature using your fingerprint and/or facial recognition on your device, we do not have access to or store your biometric data. Your Biometric Data is stored on your device or other third parties who are given or have access to store your biometric data, such as the manufacturer of your device or other applications that You have authorized to store your biometric data. You understand, agree and acknowledge that We are not responsible for any unauthorized access or unauthorized access to, or loss of your biometric data stored on your device.

If You change the device You use or use another device to access or use the Site/App, then You need to enter your PIN to enter or access your Account on the Site/App. If You wish to enable the biometric authentication feature using fingerprint and /or facial recognition on your new or other device, You can do so through the settings feature on your device.

Your Account

Your account can only be used by You and cannot be transferred to another person for any reason whatsoever. We reserve the right to refuse to facilitate Your use of the Services available on the Site/App if We know or have sufficient reason to suspect that You have transferred or allowed Your Account to be used by someone else.

The security and confidentiality of your Account, including your registered name, registered e-mail address, registered mobile phone number, password, and your PIN is your sole responsibility. All losses and risks arising from your negligence in maintaining the security and confidentiality of your Account, including your registered name, registered electronic mail address, registered mobile phone number, password and your PIN are borne by You. In such case, we will consider any use of the Services available on the Site/App made through your Account as a legitimate use order from You.

Immediately notify us if You know or suspect that your account, including your registered name, registered electronic mail address, registered mobile phone number, and your personal identification number (PIN), has been used without your knowledge and consent. We will take actions that we deem necessary, and we can take on the use of the services available on the Site/App without your consent. If you have any reason to believe that your credentials were compromised or maybe at risk, please email us at [email protected] or contact our Account management team as soon as possible at 03022247444. 

Personal information

The collection, storage, processing, use and sharing of your personal information, such as your name, e-mail address, mobile phone number, and bank account/financial information that You provide when You open an Account is subject to the Privacy Policy, which is an integral part of the Terms of Use of this Site/App.

Content, Information and Promotion

We or other parties that work with us can provide Third Party Content that You can find on the Site/App. In the event that the Third-Party Content is provided by another party who cooperates with us ("Third Party Content Provider"), We are not responsible for any part of the content of the Third-Party Content. Your access or use of such Third-Party Content is a form of your agreement to comply with the terms and conditions set by Us or Third-Party Content Providers, including our Privacy Policy or Third-Party Content Providers.

Third Party Content is any and/or all information and offers of goods and/or services, which are created and/or compiled and/or developed and/or managed by Third Party Content Providers including but not limited to text or text, images, quotes, photos, illustrations, animations, videos, sound or music recordings, titles, descriptions and/or any data in any form provided by Third Party Content Providers for display on the Site/App, including any links linking to them. For the avoidance of doubt, Third Party Content includes any and/or all offers of goods and/or services, information, data, actual news, writings, images, quotes, photos, illustrations, animations, videos, sound recordings, obtained by the Party Content Providers. Third from other third parties,

Any Third-Party Content displayed on the Site/App is only intended for informational purposes and not as a suggestion, recommendation, or invitation to sell or buy an investment product, securities, or certain crypto assets that can be done through the use of the Services contained in the Site/App. Your use of such links shall not create any liability on Behtari Capital. We always strive to display accurate Third-Party Content, but we do not make any warranties regarding the correctness, accuracy, timeliness and/or authenticity of Third-Party Content. All Third-Party Content displayed on the Site/App is not intended to be considered as binding information or as a substitute for investment product information such as prospectuses and/or other official information, but solely as additional and complementary information. Behtari Capital reserves the right in its sole discretion to discontinue links to any other Apps at any time and for any reason.

You understand that Third Party Content may be exposed to risks in connection with electronic and/or technical interference (among other things worms, viruses, spyware, malware, or other code that may be destructive or disruptive). Therefore, we do not guarantee the quality of any Third-Party Content or links contained in Third Party Content.

We or other parties that work with us may provide offers or promotions ("Offers") that can be exchanged for goods, services available on the Site/App or other benefits related to the use of the Site/App. In the event that the Offer is provided by another party who cooperates with us ("Offer Provider"), we are not responsible for any part of the content of the offer. Your access to or use of the Offer is a form of your agreement to comply with the terms and conditions in connection with the Offer set by Us or the Offer Provider, including the Privacy Policy of Us or the Offer Provider.

All information and Offers contained in the Site/App are only intended to provide You with the best experience when using the Site/App or the Services available on the Site/App. You may not abuse the Offers You receive during the use of the Site/App or the Services available on the Site/App.

You agree to use the Offer in accordance with the terms, conditions, and the intent of the Offer and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the promotion in any form or manner. You acknowledge that we or the offer provider may at any time, at our or the offer provider's sole discretion, terminate the offer provided to You if we or the service provider find any indication of abuse, fraud or non-compliance with or violation of the terms and conditions of the applicable Offer or applicable laws and regulations that may harm Us or the Offer Provider without notifying You in advance or providing an explanation to You. In that case, We or the Offer Recipient have the right not to include You in the Offer provided at a later date.

You understand that the Offer is not exchangeable for cash, has a limited validity period and is subject to the conditions applicable to each such Offer.

Fees and Payments

Software download and use of the Site/App is free of charge. However, we may charge a fee for the use of certain features of the Site/App at a later date. The services available on the Site/App may be subject to fees which You can find on the Site/App as determined by the Service Provider.

We or Service Providers may change or update fees from time to time based on certain factors, including time, type of Service and applicable laws and regulations. We may also charge prices and/or fees of a certain amount as payment for the use of Site/Apps that may be collected by Us or Service Providers.

You can make payments for the Services available on the Site/App with the available payment methods which may change from time to time at the sole discretion of the Service Provider.

Site/App Software

We only provide official Site/App software on official digital marketplaces, such as the Google Play Store or Apple App Store, and for use only on mobile phone or tablet devices. Downloading the Site/App from a place other than the official digital marketplace and/or into a device other than a mobile phone or tablet is a violation of these Terms of Use and our intellectual property rights.

Intellectual Property

Site/App Apps and Services available on Site/App Apps, including but not limited to, names, logos, program codes, designs, trademarks, copyrights, technologies, databases, business processes and models, are protected by copyright, trademarks, patents and intellectual property rights other available under the laws of Pakistan registered either on our behalf. We (and our licensors) own all rights and interests in the Site/App and the services available on the Site/App, including all intellectual property rights related to all the features contained in it. 

Subject to these Terms of Use, We grant You a limited, non-exclusive, revocable, non-transferable license (without sublicense rights) to (i) download, access and use the Site/App as is, only on mobile devices. and/or your personal tablet and only for purposes related to the use of the Services available on the Site/App, and (ii) access or use the content, information, and related materials available on the Site/App only for personal and non-commercial purposes. All other rights and privileges that are not expressly granted in the Terms of Use of this Site/App, are entirely our rights or our licensors.

Any copying, distribution, creation of derivative works, sale or offer to sell, appearance in whole or in part, and use of Site/Apps and/or Services available on Site/Apps, whether digitally or otherwise or on devices other than mobile phones or tablets or via a website that we do not manage, including but not limited to the use of additional applications such as modified applications, emulators, etc., which deviate from the Terms of Use of this Site/App, as well as the purpose of use determined by us, is a violation of our intellectual property rights. Behtari Capital has the right to immediately block all automatic querying, scanning and/or copying of the content available on the App/site without prior notice. You don’t acquire any ownership rights by downloading, accessing, reading or in any other manner using any material contained on the app.

You may not:

1. Remove any copyright, trademark or other proprietary notices contained in the Site/App.

2. Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display in whole or in part, reverse engineer, transmit, transfer, broadcast, decipher or disassemble any part from or in any other way exploit the Site/App (including the software, features and Services contained in the Site/App therein).

3. License, sublicense, sell, resell, transfer, transfer, distribute or commercially exploit or make available to other parties the Site/App and/or software by creating an internet link to the Site/App or " frame " or " mirror “ any software on any other server or wireless or internet-based device.

4. Launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may make multiple server requests per second, create heavy loads or hinder the operation and/or performance of the Site/App that We manage.

5. Use site search or retrieval applications, other manual or automated tools for scraping, indexing, surveying, data mining, or in any way reproduce or circumvent the navigational structure or presentation of the Site/App or its contents.

6. Publish, distribute, or reproduce in any way any copyrighted material, trademarks, or other information that We have without the prior written consent of Us or Our licensors, and

7. Use and/or unauthorized access to the Site/App to (i) damage, weaken or harm any aspect of the Site/App, the Services available on the Site/App or related systems and networks, and/or (ii) create a similar competing product or service using ideas, features, functions or graphics resemble Site/App Apps.

Your Responsibilities

You are solely responsible for the decisions You make to use or access Site/App Apps, Services available on Site/App Apps, Third Party Content or Offerings. You must treat Service Providers, Third Party Content Providers and Offer Providers with respect and must not engage in unlawful, threatening or harassing behaviour or actions when using the Services available on Site/App Apps, Third Party Content or Offers.

You are fully responsible for any losses and/or claims arising from the use of the Site/App, the Services available on the Site/App, Third Party Content or Offerings through your Account, either by You or any other party using your Account, in a way that conflicts with these Terms of Use, Terms of Service, Privacy Policy, including terms and conditions and privacy policies determined by Service Providers, Third Party Content Providers and Offering Providers, or applicable laws and regulations, including but not limited to anti-money laundering purposes, anti-terrorism financing, criminal activity, fraud in any form (including but not limited to phishing activities and/or social engineering), infringement of intellectual property rights, and/or other activities that are detrimental to the public and/or any other party or which may or may be deemed to damage our reputation. 

Investors must realize that all investments carry some risks. The target return/dividend/profitability cannot be guaranteed. Moreover, past performance is not a reliable indicator of future results.

No Liability

We provide the Site/App, including facilitating the Services contained in the Site/App, as is and We do not represent or guarantee that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Site/App can meet the needs and will meet expectations. You at all times, including but not limited to the Services contained in the Site/App, Third Party Content and Offers which are the sole responsibility of the Service Provider, Third Party Content Provider and Offer Provider. We are not responsible for any loss or damage caused by any failure or error made by Service Providers, Third Party Content Providers or Offering Providers or your failure or error in complying with these Terms of Use of this Site/App, Terms of Service or Privacy Policy. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Site/Apps may experience limitations, delays, and other problems encountered in the use of the internet and electronic communications, including your device, Service Provider, Third Party Content Provider or Offer Provider is damaged, not connected to the internet, out of range, turned off or does not work. We are not responsible for any delays, failure of requests or processing of orders, damages or losses, including potential loss of profits, resulting from such issues.

We are under no obligation to monitor your access to or use of the Site/App. However, we continue to monitor for the purpose of ensuring the smooth use of the Site/App and to ensure compliance with the Terms of Use of this Site/App, applicable laws and regulations, court decisions, and/or the provisions of administrative institutions or other government bodies.

We have no obligation whatsoever, including to take any further action or legal action deemed necessary by You, the Service Provider, Third Party Content Provider or Offering Provider, for any issues or disputes that arise between You and the Service Provider, Third Party Content Provider or Offer Provider. However, we may, at our sole discretion, facilitate any issues or disputes that arise between You and Service Providers, Third Party Content Providers or Offering Providers with our reasonable efforts to do so. When We facilitate the resolution of problems or disputes between You and Service Providers, Third Party Content Providers or Offering Providers,

You will not use the Site/App on a device or operating system that has been modified outside of the device or operating system configuration and configuration that We specify. This includes devices that have been “rooted” or “ jailbroken ”. A rooted or jailbroken device is a device that has been released from restrictions imposed by the device provider and that is manufactured without the device provider's consent. Using Site/App Apps on rooted or jailbroken devices can compromise security and lead to fraudulent transactions.

We are not responsible for the downloading and use of Site/App Apps on a rooted or jailbroken device and your use of a rooted or jailbroken device is entirely at your own risk. You understand and agree that we are not responsible for any loss, or any other consequences suffered or caused by You as a result of using the Site/App on a rooted or jailbroken device and we have the discretion to terminate your access or use of the Site/App on a rooted device or jailbroken and block rooted devices or jailbroken to access or use Site/App Apps.

You hereby declare and agree to hold us harmless against any and all types of losses, liabilities, liabilities, damages, costs, expenses, demands, requests, decisions, trials, fines, penalties or actions of any kind in connection with your access to and use of Site/Apps, including the Content and Services contained in the Site/Apps.

If You experience a system failure, know or suspect that your Account has been hacked, used, or misused by another party, or if your personal mobile phone or tablet is lost, stolen, hacked or infected with a virus, immediately report it to us so that we can immediately take appropriate action necessary to avoid any further use, misuse, or loss arising or may arise.

In order to submit a complaint, question, objection, etc. ("Report"), You need to provide sufficient information, including but not limited to, a summary of the facts that occurred, the evidence You have and personal information, such as an electronic mail address. and registered mobile phone number.

To respond to each report that You submit, we will first verify by matching the information You provide, and your personal information contained in our system. If necessary, we may directly ask You to provide the necessary information for verification purposes.

We may refuse to follow up on your Report if the information You provide does not match the personal information contained in our system or if the report is submitted in relation to, against, on behalf of or by another party different from the account holder in question who is officially registered on our system. We may stop the follow-up to Your Report if We, in Our sole discretion, deem that Your Report is not supported by sufficient and clear facts, or has been completed. We may also forward your Report to the Service Provider, Third Party Content Provider or Offer Provider for completion directly by You and the Service Provider, Third Party Content Provider or Offer Provider.

Temporary Freezing and Permanent Freezing of Your Account

You can remove the Site/App Apps from your mobile and/or tablet at any time. We do not have any liability to You for matters arising from the removal of the Site/App, temporary suspension, or permanent suspension of your Account. However, You are still responsible for completing your obligations that have arisen, including but not limited to, any obligations that may arise as a result of disputes, claims, or other existing legal actions, prior to the date of removal of the Site/App, temporary suspension or permanent suspension of your Account.

Your account may be temporarily or permanently frozen for any reason, including but not limited to, the following:

1. Your report that your Account is used or suspected to be used or misused by another person.

2. Your report that your personal mobile phone or tablet is lost, stolen, or hacked.

3. We know or have sufficient reason to suspect that your Account has been transferred or used by another person.

4. We know or with reasonable grounds to suspect that there have been things that in our view have been or may be detrimental to us, You, the service provider, or other parties.

5. We know or reasonably suspect that You have registered or logged in multiple Accounts on one device which results in a violation of the Site/App Terms of Use, Terms of Service, Privacy Policy or applicable laws and regulations.

6. Our system detects any unreasonable actions from the use of your Account or any obligations under the Site/App Terms of Use, Terms of Service, and/or Privacy Policy that are not fulfilled by You.

7. You have died, placed under guardianship or guardianship, or have other disabilities that make You legally incapable under the applicable laws and regulations.

8. Use of the Site/App or the Services contained in the Site/App by You or other parties (who use your Account) in a way that is contrary to the Terms of Use of the Site/App, Terms of Service, Privacy Policy or applicable laws and regulations; and/or

9. An order for account suspension, whether temporary or permanent, issued by the relevant government or monetary institution or based on a court order issued in accordance with applicable laws and regulations.

If your account is frozen and You have clear evidence that your account should not be frozen, You can make a report to us to provide such evidence. Upon further examination of your Report, We will, in Our sole discretion, determine to terminate or continue the suspension of your Account. Freezing will not continue unreasonably if We decide that the things that caused the freeze have been resolved.

Actions We Consider Necessary

If we know or have sufficient reason to suspect that You have committed a violation, crime, or other action that is contrary to the Terms of Use of the Site/App, Terms of Service, Privacy Policy and/or applicable laws and regulations, both those referred to in the Terms of Use of the Site/App, then We reserve the right to and may freeze the Account, either temporarily or permanently, or terminate Your access or use of the Site/App, including the Services available on the Site/App, Third Party Content and/or Offers contained therein, conduct checks, claim compensation, report to the authorities and/or take other actions that we deem necessary, including criminal and civil legal action.

Transaction Order

User may execute Transaction Orders for both Purchase (subscription) and Redemption (redemption) of Units according to and based on the provisions contained in the Offering Document of the respective Mutual Funds. Users are required to submit or provide Transaction Orders to Behtari Capital through the Online Transaction Facility and/or media or other means determined by Behtari Capital.

Each Transaction Order submitted and/or given by the User is considered valid when received by Behtari in accordance with the procedure determined by Behtari and each Transaction Order that has been sent by the User stored in the Behtari data center is the correct data received as proof of the order from User to Behtari to carry out the intended transaction.

We are not responsible for Transaction Orders submitted by Users through media or means other than those specified by us. We are not responsible for checking and proving the authenticity, validity, source, or other matters in connection with any Transaction Order submitted electronically by the User, nor for checking the identity of any person who gives the Transaction Order. Therefore, the User is consciously willing to take full responsibility for all Transaction Orders submitted and release us completely from all claims, losses, responsibilities (including but not limited to legal advisory fees, court fees,

Execution of Transaction Orders

All User Transaction Orders received by us will be executed immediately, but the execution of such Transaction Orders is subject to transaction procedures, as stipulated in these Online Transaction Terms and Conditions, as well as the terms and conditions that have been determined for each Mutual Fund and Applicable Regulations. Every User Transaction Order that has been submitted to us cannot be changed and withdrawn or cancelled.

Cancellation and Change of Transaction Order

User Transaction Orders can only be cancelled and/or modified if the transaction on the Transaction Order has not yet obtained approval from Behtari Capital and transaction confirmation has not been issued.

Transaction Order Rejection

Behtari Capital based on its own discretion as deemed true and appropriate, has the right to refuse Transaction Orders and/or orders submitted by the User, if the User violates the provisions as stipulated in the Offering Document of each Mutual Fund and/or the terms and conditions stipulated specified in the Account opening form, Applicable Regulations, these Online Transaction Terms and Conditions, terms and conditions or other documents issued by us.  

Electronic Agreements and Use of Electronic Signatures

You understand and agree that the Terms of Use of the Site/App, Terms of Service and Privacy Policy are agreements in electronic form and your action of pressing the 'register' or ‘agree’ button when opening an account or the 'sign in' button when accessing your account is your active agreement to bind yourself in the agreement. with us so that the application of the Terms of Use of the Site/App, the Terms of Service and the Privacy Policy are valid and legally binding and continue to apply as long as the use of the Site/App and the Services contained in the Site/App is made by You.

You understand and agree that an electronic signature in a transaction and/or electronic document is a form of your approval and acceptance of all the information contained in it and is binding on You the same as a wet signature. You hereby represent and guarantee the validity and authentication of the electronic signature that You affix to the Site/App Terms of Use, Terms of Service and/or Privacy Policy,

Use of Electronic Signatures

In connection with the provisions of the Information and Electronic Transaction Regulations, You understand that an electronic signature in an electronic transaction and/or document is a form of your agreement and acceptance of all the information contained therein and binds You to the same level as the original signature (signature). wet hands). You represent and warrant that the validity and authentication of the electronic signature affixed to the electronic document in connection with the Site/App Terms of Use, Terms of Service and Privacy Policy, is a form of your agreement and acceptance of all the information contained in these terms, including any changes thereto from time to time. We cooperate with other third parties who are licensed and registered and supervised by the relevant governmental authority. You hereby authorize us to forward your personal data for the purposes of your electronic signature certification process in order to comply with the applicable law.

Miscellaneous Matters

You will not file any claims or objections to the validity of the Site/App Terms of Use, Terms of Service or Privacy Policy made in electronic form.

You may not transfer your rights under the Site/App Terms of Use, Terms of Service or Privacy Policy without our prior written consent. However, we may transfer our rights under the Site/App Terms of Use, Terms of Service or Privacy Policy at any time to other parties without the need to obtain prior approval from or provide prior notice to You.

If You do not comply with or violate the provisions of the Site/App Terms of Use, Terms of Service or Privacy Policy, and we do not take action directly, it does not mean that we waive our right to take necessary action in the future.

The provisions in the Site/App Terms of Use, Terms of Service or Privacy Policy will remain in effect even after the temporary suspension, permanent suspension, removal of the Site/App or after the expiration of this agreement between You and Us.

If any of the provisions in the Site/App Terms of Use, Terms of Service or Privacy Policy is unenforceable or declared unenforceable, it will not affect the other provisions, which shall remain in force.

Any changes that Site/App makes to the Terms of Use of the Site/App or the Terms of Service will be informed and or published to You in an appropriate and reasonable manner according to Site/App, including but not limited to notifications via email or notifications through the Site/App.

To be able to continue using the Site/App, You must re-approve these changes when You use the Site/App or the Service, if there are changes to the terms and conditions thereof.

If You do not agree with these changes, then You must immediately stop using the Site/App and/or the Services contained in the Site/App. By accessing or continuing to use the Site/App and/or Services contained in the Site/App, You are deemed to agree to any changes to the Site/App Terms of Use, Terms of Service and Privacy Policy,

No Representations or Warranties

Behtari Capital makes no representation as to the completeness or accuracy of the information provided on the Site/App. Behtari Capital does not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site/App and has not performed any investigation into such information. Behtari Capital shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site/App is at your sole risk. Behtari Capital is entitled to rely upon the information provided by its users. Behtari Capital cannot guarantee that Issuer's will use the proceeds of their investment in accordance with the stated purpose. You acknowledge and agree that Behtari Capital does not provide any representation, warranty or assurance that the offering on the Site/App are made in accordance with securities law, including the exception to the sale of unregistered securities and the prohibition against the general solicitation of unregistered securities. To the extent provided by law, Behtari Capital assumes no liability or responsibility for any errors or omissions in the content of the Site/App. Behtari Capital has not reviewed all of the links provided on the Site/App and is not responsible for the content of any off-Site/App pages. Clicking on hyperlinks and visiting any off-Site/App pages is done at your own risk.

We make no representations or warranties regarding the accuracy, timeliness, completeness functionality, reliability, stability, readiness, or performance of any third-party software that may be used in connection with this App. To the fullest extent permitted by applicable law, Behtari Capital hereby disclaims with respect to the App/site and its Contents; all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement or fitness for any particular purpose or any representations or warranties arising from usage or custom or trade or by operation of law. We do not warrant or make any representations that the App will operate error- free or uninterrupted, that defects will be corrected, or that the App and/or its server’s website will be free of viruses and/or other harmful components. Behtari Capital does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the App for any purpose, including products, services, information, text and related graphics content.

We are not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature. Any material, information, or content downloaded or otherwise obtained through the use of the App is accessed at your own risk and discretion and you alone will be responsible for any damage or loss to you, including and not limited to your computer system, loss of data or loss or damage to any property or loss of revenue that results from the download or use of such material.

Copyright Notice

We respect the intellectual property of others, and we ask You to do the same. If You or any user of our Site/App believes its copyright rights have been infringed on our Site/App, the copyright(s) owner ("Complaining Party") should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party.

• Identification of the copyrights(s) claimed to have been infringed.

• Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted.

• Identification of the material that is claimed to be infringing the Complaining Party's copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials.

• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

• A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.

You acknowledge, accept, and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site/App without liability to You or any other party.

Please note that this procedure is exclusively for notifying Behtari Capital and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations any applicable law, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the applicable laws. Allegations that other intellectual property right is being infringed should be sent to [email protected]. Behtari Capital may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.

Intellectual Property

You hereby agree, in your individual capacity and on behalf of any person for which You are an authorized representative, subject to the Privacy Policy, that all content and images on the Site/App are either the property of or used with permission by Behtari Capital. The use of the content or images by You or anyone authorized by You, is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site/App. By providing content or Data on the Site/App, subject to the Privacy Policy, You grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses such content or Data. No compensation will be paid with respect to our use such content or Data. Behtari Capital neither warrants nor represents that your use of materials displayed on the Site/App will not infringe rights of third parties not owned or affiliated with Behtari Capital.

The trademarks, logo and slogans displayed on the Site/App including the names and logos of “Behtari” and “Behtari Capital” (collectively the "Trademarks") are owned by Behtari Capital and nothing on this Site/App should be construed as granting any license or right to use the Trademarks without written permission of Behtari Capital or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Site/App, except as provided in these Terms of Use, is strictly prohibited. You are advised that Behtari Capital will aggressively fully enforce its intellectual property rights of the law.

Communications

You agree, in your individual capacity and on behalf of any Issuer for which You are an authorized representative, that Behtari Capital may send communications to You via your mailing address, email, telephone or facsimile number provided by You on your Account. You agree to notify us of any changes in your address or contact details. Behtari Capital may also deliver information verbally. Communications shall be deemed delivered to You when sent and not when received. Your use of electronic signatures to sign documents legally binds You in the same manner as if You had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to You in writing. If You sign electronically, You represent that You have the ability to access and retain a record of such documents. You agree that You are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site/App periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site/App's electronically stored copy of this Terms of Use in any proceeding arising out of this Terms of Use.

Although You consent to electronic delivery, You may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. Behtari Capital shall have a reasonable period to effect such a change and Behtari Capital may charge You a reasonable fee for sending such paper copies. If You elect to use electronic delivery, You agree and represent that You have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that You are solely responsible for maintaining such equipment and services required for online access.

You agree that any information that You transmit to the Site/App or Behtari Capital in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, Site/App addresses and links to other Site/App/articles, etc. is non-confidential and non-proprietary and can be used by Behtari Capital or its affiliates for any purpose. Behtari Capital is free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site/App of the Behtari Capital for any purpose.

Change or Termination

We may, without prior notice, change the Site/App, stop providing the Site/App, applications or services, or create usage limits for the Site/App. We may permanently or temporarily terminate or suspend your access to the Site/App without notice or liability, for any reason or for no reason, including if in our sole determination You violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site/App for any reason or no reason, You will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Transfer of Funds

Due to any technical / operational reason, transfer of your funds may be delayed. Behtari Capital does not have control over the funds transfer process, and therefore, it does not accept any liability under any circumstances whatsoever for any delays or later transfer made by any party for any reasons whatsoever. You acknowledge and accept that we do not hold any liability to any loss or delay incurred to you by such delay originating in third parties and respective authorities as mentioned above.

Security Issues:

Messages share over the internet cannot be guaranteed to be completely secure or error free as they are subject to possible interceptions, corruptions, delays, losses or possible alterations. We are not responsible in case any such event transpires and will not be liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any message sent by us to you over the internet. If you send e-mail (encrypted or not) to us over the internet, you are accepting the associated risks of lack of confidentiality and the fact that such communication over the internet can be hacked, intercepted, monitored, delayed, lost or be incomplete.

KYC Requirements

All investments which will be made by investors in CIS/funds will be managed by the respective AMC under whose management the pertinent fund is. We do not have any control over the investment process, fund management activities or the Know Your Customer/Customer Due Diligence (KYC/CDD) requirements of the AMCs as we only provide data and request submission facility that will be processed by the AMC as per its own policies and fund rules. If you are unsure of the suitability or appropriateness for you of any investment, you should obtain personal advice from an authorized financial adviser.

Purchase & Redemption Prices

Units of the Scheme(s)/CIS are being offered at Net Asset Value (NAV) based prices. The respective AMCs calculate and publishes NAVs offer and redemption prices on all Business Days, in line with their constitutive documents. Each fund / plan has its cut-off timings for submission of transaction requests. Applicable cut-off timings are made available on the company App for each particular fund.

In case of submission of an e-transaction, the Behtari Capital Limited’s online system date and time stamp will solely be considered and given precedence to determine the cut-off time in which the application request is submitted and the applicability of the NAV on the transaction. We will not be responsible for any network or system delays in submitting and receiving the application request.

It is solely your responsibility to ensure that correct, complete and accurate information is submitted by in the 'online investment / redemption form'. This includes the details of the scheme, types of units to be subscribed, amount / units to be subscribed / redeemed, details for payment processing and with all other details as are required. You shall be solely liable in case of any inaction and/or any action is taken by Behtari, the trustees and/or the banks based on incorrect or inaccurate details provided by you.

Cooling off right

All Individual Unit Holders have a right to obtain a refund of their first-time investment only (cooling-off right) in a Collective Investment Scheme (CIS) managed by the Asset Management Company. The unit holder may exercise the cooling-off right within three (3) business days commencing from the date of issuance of the initial Statement of Account (cooling-off period). The cooling-off right shall be exercised by the unit holder upon written request to the AMC within the time specified. The refund pursuant to the exercise of cooling-off right shall be paid to the Unit Holder be an amount equal to NAV per unit applicable on the date the cooling-off right is exercised which is payable within six (6) business days of receipt of written request from the Unit holder. AMC shall refund the Front end load (Sales Load) paid by the unit holder, however (Back end Load) will be payable by the unit holder where applicable, in accordance with the Direction No. 31 of 2016 issued by the Securities and Exchange Commission of Pakistan. In order to exercise this right, you can inform Behtari Capital at [email protected] when you initiate a redemption request during the cooling-off period.

Redemption Proceeds

In case of a redemption / withdrawal e-transaction request, if inaccurate or incomplete details are mentioned in the request for 'Online Bank Account Transfer', a physical instrument will be made and sent to the investor by the AMC. Behtari or the trustee / banks shall not be liable for any delays or loss that this might cause in processing the payment to you.

Application Processing Time

E-transaction requests / application will be processed by the AMC as per the time frame mentioned in the constitutive documents of the funds / plans available on its App. The time frame is only indicative of the time that might take to process an application. We are not liable for any delay or loss if any such request takes more time than the indicated time frame. Any change in the time frame may be made by the pertinent AMC at any time as per its own internal policies.

Multiple Transactions

In case multiple transactions (through physical form submission and/or e-transaction request submission) involving a single or multiple funds / plans are received from an investor, the applications will be processed in chronological order i.e., the application received first will be processed first. Behtari and/or the AMC reserves the right to exercise its sole discretion in this regard independent of the User and or investor.

Book Closure Periods

All E-Transaction Request received during Book Closure Period (the time period during which a company will not handle adjustments to the register of unit holders or requests to transfer units) pertaining to respective funds / plans shall be marked On-hold and User's request would be processed after the Book Closure Period (notified on the App or the App of the AMC) is complete. Behtari/AMC has full discretion to reject a request in such a case and require the User to re-submit the request. We shall not be liable for any delays or loss that this might cause in processing the request.

Zakat Deduction

Zakat will be deducted at the time of redemption of units if a duly filled and signed 'Zakat affidavit form' is not provided to the pertinent AMC for its records. It will be the Users' and/or investors' (as applicable) responsibility to provide such affidavit stating he/she wishes that Zakat may not be deducted. It is also the investors' responsibility to confirm if Zakat status is marked as 'Not Applicable' in the AMC's records if such affidavit has been submitted.

Any Zakat deducted before the status is marked as 'Not Applicable' is non-refundable and Behtari Capital Limited will not be held liable for such deductions.

Tax Deductions

Tax may be deducted as per prevailing and applicable tax laws and as per the constitutive documents of the funds / plans available on the respective AMC's App. These tax rules are subject to change in the future. The value of tax savings or benefits will depend on the investor's personal circumstances and should be confirmed with a financial adviser.

Disclaimer 

Behtari Capital has no special relationship with or fiduciary duty to You or any Issuer. Your use of the Site/App is at your own risk. You acknowledge that Behtari Capital has no control over, and no duty to take any action regarding: which users gains access to the Site/App; what content You access via the Site/App; what effects the content may have on You; how You may interpret or use the content; or what actions You may take as a result of having been exposed to the content. You release Behtari Capital from all liability for You having acquired or not acquired content through the Site/App. Behtari Capital makes no representations concerning any content contained in or accessed through the Site/App, and Behtari Capital will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site/App or the Service. Behtari Capital neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Site/App.

THE SITE/APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE/APP AND SITE/APP-RELATED SERVICES. NEITHER BEHTARI CAPITAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE/APP SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE/APP. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Behtari Capital makes no representation or warranty, express or implied, with respect to any third-party data provided to Behtari Capital or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Behtari Capital will not be liable in any way to You or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Behtari Capital or "force majeure" or any other cause beyond the control of Behtari Capital.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Behtari Capital will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Behtari Capital's equipment, transmitted over networks accessed by the Site/App, or otherwise connected with your use of the Service.

Behtari Capital assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site/App or your downloading of any materials, data, text, images, video, or audio from the Site/App. We do not, and cannot, guarantee that any Investor is actually an Accredited Investor (as defined above), or that any content or information provided on this Site/App is true, correct, complete or viable.

Although Behtari Capital may from time to time monitor or review discussions, postings, transmissions, and the like on the Site/App, Behtari Capital is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger or inaccuracy contained in any information within such locations on the Site/App. Behtari Capital reserves the right to remove any content from the Site/App or to restrict access to the Site/App for any reason without notice.

Any projection analysis, or statement that predicts a certain investment product, securities, or crypto asset in the future is not an indication of definite performance. Past performance cannot be used as a guide for future performance. You are advised to seek professional assistance to obtain tax advice, legal advice, accounting including the investment risks contained in it before making investment decisions or using the Services contained in the Site/App.

We do not conduct research based on investment objectives, financial situation or specific needs of You, a particular person or a particular group of people. Therefore, every financial analysis tool contained in the Site/App is only a tool and only provides an overview of general investment information and financial analysis based on the data You provide. By taking into account all investment risks including economic risk and market risk, we do not guarantee that the investment will achieve its objectives as shown by the analysis tool. Different strategies applied to an investment product, securities, or certain crypto assets can have a significant influence on the picture of the investment results.

The various types of investments contained in the Site/App involve different levels of risk and there is no guarantee that any particular investment is suitable or profitable for You. Every investment product, securities, or certain crypto assets contain risks, and You must obtain adequate information before making investment decisions and You understand that the past performance of a particular investment product, securities or crypto asset does not reflect its future performance.

Force Majeure 

The Site/App may be interrupted by events beyond our control, power or control ("Force Majeure"), including but not limited to natural disasters, power outages or failures, transmission and telecommunications interruptions or failures, disruptions or failures of stock exchange systems, capital markets, institutions clearing, government policies, including restrictions imposed by capital market authorities, stock exchanges, commodity futures trading authorities, commodity futures exchanges, and self- regulatory organizations other related issues, disruption of the trading system, clearing and settlement of transactions, failure of correspondence with related parties, mass strikes, or other similar industrial actions, wars, riots, riots, civil commotion, takeover of government by other similar institutions, natural disasters, fires, floods, lightning, hurricanes, disease outbreaks or epidemics, pandemics, enforcement or changes to the provisions of laws and regulations, changes in conditions in the economic, financial and capital markets, damage to the online transaction facility system or internal and external system failures that cause unable to fulfill the request or order for access or use of the Site/App or the Services contained in the Site/App. You agree to release us from any claim and responsibility.

Pakistan Jurisdiction

We make no representation that this Site/App is operated in accordance with the laws or regulations of, or governed by, nations other than those of Pakistan. If You are located outside of Pakistan, You use this Site/App at your own risk and initiative and You, not us, are responsible for compliance with any applicable local and national laws.

No Solicitation 

The content, material and information contained on the Site/App does not constitute an offer or solicitation and may not be treated as an offer or solicitation (i) in any jurisdiction where such an offer or solicitation on is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation: (iii) if the person making the offer or solicitation is not qualified to do so. The securities offered on this Site/App can only be marketed in certain jurisdictions only. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. The content provided on this Site/App does not constitute an offer or solicitation to sell securities referred to on this Site/App, by anyone in any jurisdiction in which such offer, solicitation or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation. Site/Apps to invest in any offering referred to on this Site/App must only be made based on the offering document relating to the specific investment and through a registered entity.

This Site/App is not directed at You if we are prohibited by any law of any jurisdiction from making the information on this Site/App available to You. You should satisfy yourself before accessing the Site/App that we would be allowed to advertise investment products to You under the law of the jurisdiction in which You reside. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction, including the one in which You reside. 

Governing Law 

These Terms of Use, the Terms of Service, and Privacy Policy shall be governed, interpreted, and construed in accordance with the applicable laws for the time being in force in the Punjab Province of Pakistan without regard to conflict of laws principles.

Dispute Resolution

In the event of any dispute, claim, controversy arising from, or in connection with, or under these Terms of Use or the Site/App, or between You and Behtari Capital, its members or affiliates ("Dispute"), You hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to Pakistan’s Arbitration Act, 1940 to be held in Lahore, Pakistan, before an arbitrator to be selected by Behari Capital. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.

In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g., confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between You, individually, and Behtari Capital. To the full extent allowable by law, You agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.

Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Behtari Capital, be subject to binding arbitration: (1) any Dispute related to or arising from allegations of criminal activity; (2) any Disputes concerning Behtari Capital's intellectual property rights; and (3) any claim for injunctive relief. All arbitration proceedings will take place in Lahore, Pakistan. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction in Lahore, Pakistan. Each party hereby waives any claim that such venue is improper or inconvenient.

Indemnification

You agree to indemnify, defend, and hold Behtari Capital and any of its affiliates, and any of its successors and assignees, and any of their respective shareholders, directors, officers, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by You or arising from your use of the Site/App.

Behtari Capital reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and You agree to fully cooperate with Behtari Capital in the defense of any such claim, action, settlement or compromise negotiations, as requested by Behtari Capital.

Notification Procedures

We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on our Site/App, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users. Note that You may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering You or your network provider may apply to email notifications we send to the email address You provided to us.

No Waiver

The failure of Behtari Capital to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Behtari Capital. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.

Account Closure

Behatri Capital Limited has the right to close the User's Account at any time as it deems necessary.

We have the right to close the User's Account, by giving notice of such closure, without the obligation to seek prior approval from the User, if things occur that we consider to constitute or indicate a violation of the Online Transaction Terms and Conditions. this, and/or the Applicable Regulations.

Termination of Access to Online Transaction Facilities

1. By considering the provisions of these Online Transaction Terms and Conditions, access to the Online Transaction Facility may be temporarily suspended by Behtari if:

a. The user asks us to temporarily stop accessing the Online Transaction Facility service;        

b. The user entered the wrong password 3 (three) times in a row; or        

c. Behtari Capital implements the provisions of the Applicable Regulations.      

2. Access to the Online Transaction Facility may be permanently terminated by us, if:        

a. The user asks us to permanently stop accessing the Online Transaction Facility.        

b. User closes Account.        

c. Behtari implements the provisions of the Applicable Regulations.         

3. In order to reactivate, the User is required to request the re-activation of the Online Transaction Facility through a call center service or customer service if access to the Online Securities Facility is temporarily suspended. If access to the Online Transaction Facility is permanently terminated, the User is required to re-register through our application system.       

Death of User

If the User dies, we have the right to request a valid copy of the death certificate, certificate of inheritance rights, will, power of attorney and/or other documents that we consider necessary to identify the party(s) who are entitled to receive the inheritance and/or responsible for the Account of the deceased User in the event that the Participation Unit will be resold or transferred to another party.

By submitting the Account of the deceased User to the heirs or executor of the will in accordance with the Applicable Regulations as stated in the certificate of inheritance rights or will or other documents, Behtari Capital will close the Account in the name of the deceased User (without waive any obligations and/or responsibilities for the said User) and we are fully released from all claims, responsibilities, and/or claims of any kind in connection with the transfer of the assets of the said Account.

Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. Behtari Capital shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation or reorganization of Behtari Capital for the sale of substantially all of its assets. In the event that any provision of this Terms of Use, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Terms of Use will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Terms of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

These Terms of Use contain the entire understanding between You and Behtari Capital relating to the Site/App and Behtari Capital's services. These Terms of Use supersede any other Terms of Use or Terms of Use regarding the Site/App and Behtari Capital's services prior to the Effective Date below.

Your statement

You represent and warrant that You are at least 18 (eighteen) years old, and You have the legal capacity and the legal right to bind yourself to the Site/App Terms of Use, Terms of Service and/or Privacy Policy. If You do not meet these conditions but continue to access or use the Site/App, the Services contained in the Site/App, Third Party Content or Offerings, you represent and warrant that your actions to open, access or perform other activities in the Site/App have been approved by your parents, your guardian or guardian. You expressly waive any legal right to cancel or revoke any and all consents that You give under the Site/App Terms of Use, Terms of Service and/or Privacy Policy when You are considered a legal adult.

You agree to access or use the Site/App, the Services contained in the Site/App, Third Party Content or Offerings only for the purposes as specified in the Site/App Terms of Use, the Terms of Service and/or the Privacy Policy and not to abuse or use the Site/App, the Services contained therein. on Site/Apps, Third Party Content or Offers for fraudulent purposes, causing inconvenience to others, placing false orders or other actions that can or are considered to cause harm in any form to any other third party.

You understand and agree that all risks arising from the use of the Site/App, the services contained in the Site/App, Third Party Content and Offerings are entirely your responsibility and You hereby agree to release us from any claim in connection with damage, interference, or other forms of system disturbance caused by unauthorized access by any other third party.

You expressly release us, including but not limited to, our officers, directors, commissioners, employees, and agents, from any and all obligations, consequences, material or immaterial losses, demands, costs (including attorney fees) or liability other laws that arise or may arise as a result of your violation of the Terms of Use of this Site/App, the Terms of Service and/or the Privacy Policy,

Excepted from the above provisions, if there is a direct loss because of our violation of the Terms of Use of this Site/App, the Terms of Service and/or the Privacy Policy, then You agree and expressly limit the amount of your claim to the total amount actually incurred or paid in connection with the event. 

YOU ACKNOWLEDGE THAT BEHTARI CAPITAL IS A TECHNOLOGY COMPANY PROVIDING A PLATFORM FOR COMMERCIAL PURPOSES, NOT A FINANCIAL SERVICES COMPANY, COMMODITY FUTURES TRADERS, CRYPTO ASSETS TRADERS AND OTHER FINANCIAL SERVICES, AND WE DO NOT PROVIDE FINANCIAL SERVICES., ALL SERVICES AVAILABLE ON THE SITE/APP ARE PROVIDED BY THIRD-PARTY SERVICE PROVIDERS OR THIRD-PARTY CONTENT PROVIDERS.

BY CONTINUING ACCESS TO OR USE OF THE SITE/APP AND/OR THE SERVICES CONTAINED ON THE SITE/APP, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL RELATED STATUTORY PROVISIONS, TERMS OF USE, USE OF THE SITE/APP, APPLICATIONS, APPLICATIONS OF THE SITE/APP SERVICES.

YOU SHOULD IMMEDIATELY STOP ACCESS OR USE OF THE SITE/APP AND/OR SERVICES PROVIDED THROUGH THE SITE/APP IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE, TERMS OF SERVICE AND/OR PRIVACY POLICY.

How to Contact Us

You can contact us by e-mail to [email protected] or through the live chat feature found in the Site/App. All your correspondence will be recorded, recorded, and kept for our archives.

I have read and understood the entire Terms of Use of this Site/App and its consequences and hereby accept every right, obligation, and condition set forth in it.

These Terms of Use were last updated on 11/12/2024.