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Terms and Conditions

Dynasty Financial Advisors (DFA) owns and maintains website 

www.mahaana.com

 ("the Site"). The site has been developed to provide a platform for various parties, including mutual funds, beneficial owners, corporates, clearing members, participants, investors, and regulator(s).
By accessing, browsing, and using this site, you agree that the following Terms and Conditions (T&C) apply to your use of this Site. DFA reserves the right to amend these T&C at any time without prior intimation. You are responsible for regularly reviewing these T&C since such changed terms will govern your continued use of the Site. If you do not agree to these Terms and Conditions, do not use this site. The T&C – as may be amended from time to time – constitute the entire agreement and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters unless explicitly stated otherwise. DFA accepts no liability for any losses, damages, costs, or expenses which may be incurred by you as a result of any changes to the terms and conditions.

No Warranties

We do not represent or warrant that this Site will be available or that it will meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

We make no representations or warranties regarding the accuracy, functionality or performance of any third- party software that may be used in connection with this Site. DFA disclaims 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 of the rights of third parties. DFA does not warrant or make any representations that the site will operate error - free or uninterrupted, that defects will be corrected, or that the site and / or its servers will be free of viruses and / or other harmful components. does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the site for any purpose, including products, services, information, text, and related graphics content.

DFA is 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.

DFA accepts no liability whatsoever for the provision of information forwarded to you by e - mail or other circumstances related to this facility, including without limitation: (i) misuse of the password, (ii) interception or alteration of the information, the(iii) revocation of the password, (iv) any action or inaction taken by the concerned parties(including any action which was not intended by you) due to the timeliness, inaccuracy, completeness or correctness of the information provided by you, (v) any redemption(including incorrect redemption) effectuated by DFA and / or the Trustee and any payment errors of issues which are caused directly due to your negligence or due to a failure on your part to provide correct, complete and accurate information to us(vi) any failure by you to receive any form of report due to technical problems involving the e - mail transmission or due to a failure of whatever nature by third parties(vi) failure of the Trustee and / or the bankers to effectuate the given transaction within the stipulated time period for any reasons whatsoever(vii) failure of the request to be processed due to incorrect authorization code being provided by you, or due to an incorrect and / or invalid email ID provided by you as a result of which the authorization code is not provided to you.

Internet E-Mail

Messages sent over the internet cannot be guaranteed to be completely secure or error free as they are subject to possible interception, corruption, delays, loss, or possible alteration. We are not responsible for them 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.

Governing Law

This agreement constitutes the entire agreement between you and DFA with respect to using this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to this Site. Your use of this Site and any dispute arising out of such use of the website is subject to the laws of Pakistan, with the Courts of Karachi having the exclusive jurisdiction in this regard.

Generally, if you are dissatisfied with any portion of this Site, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using this Site and the online investment request service.

We reserve the right in our sole discretion to deny any user access to this Site, any interactive service herein, or any portion of this Site without notice, and the right to change the terms, conditions, and notices under which this Site is offered. Any rights not expressly granted herein are reserved.

Purchase & Redemption Prices

Units of the Scheme(s) are being offered at NAV based prices. The AMC calculates and publishes Net Asset Values (NAV's); 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 website for each fund.

In case of submission of an e-transaction, the DFA 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. DFA 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 DFA, the Trustees and/or the banks based on incorrect or inaccurate details provided by you.

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 company for its records. It will be the investors' responsibility to provide the Affidavit if 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 company's records if the Affidavit has been submitted.

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 our website.

Permitted E-Transaction Requests

Currently, the following e-transaction requests can be submitted through the DFA E-Transaction Request facility:

 1.  Investment/ purchase of units;
2.  Redemption / Encashment of Units (From Fund or Plan);
3.  Conversion of units (from one fund to another)

Rejection of E-Transaction Requests

Your e-transaction request may be rejected if there is any discrepancy or incomplete information in the request that is submitted. In case an e-transaction request is rejected, the rejected request will be cancelled, and a new request will have to be submitted.

Payment Instrument for Redemption Proceeds

In case of a redemption / withdrawal e-transaction request, if incorrect or incomplete Bank Account or Payment Details are mentioned in the request for Online Bank Account Transfer, a physical instrument will be made and sent to the investor. DFA or the Trustee/banks shall not be liable for any delays that this might cause in processing the payment to you.

Application Processing Time

E-transaction requests will be processed as per the time frame mentioned in the constitutive documents of the funds/plans available on our website.

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.

Submission of Physical Signed Form or Other Documents

DFA may on a case-to-case basis require an investor to submit a physical form (of the same transaction) in addition to his / her e-transaction request, which shall be duly provided by the investor without any delay.

Verifications of E-Transaction Requests

The Management Company from time to time on a case-to-case basis may require verification from the investor prior to processing the investors' e-transaction request through email and/or phone call.

Book Closure Periods

All E-Transaction Request received during the book closure period (notified on website) pertaining to respective funds / plans shall be marked Rejected and customers would be required to re-submit his / her request after the Book Closure period is complete.

Security of DFA Online Credentials

You agree that any person who supplies DFA with your DFA Online username, password, and E-transaction request PIN Code (where applicable) will be allowed access to the Site and to your Account. It is the responsibility of the investor to keep his / her username, password, and E-transaction request PIN secure and take steps to prevent unauthorized use of them. You must not tell or disclose them to another person or allow them to be seen by another person (including family or friends). You must not keep a record of them in a way which can be determined by another person. You must not record them together.

You must notify DFA immediately if a record of your login credentials and PIN is lost or stolen or you become aware or suspect another person knows your online credentials and has attempted to or made unauthorized use of the Site. DFA may cancel your Online credentials at any time without notice if it believes either is being misused.

Records and Statements

You should carefully check Account records and statements given on this Site. If you believe that there has been any discrepancy or inconsistency in any transaction on this Site, or an unauthorized transaction, you must notify DFA immediately. Failure to do so may render you liable for unauthorized transaction which you may not otherwise be liable for.

Our records, unless proven to be wrong, will be evidence of your dealings with DFA in connection with the Site.

Liability for Unauthorized E-Transactions

You will be liable for any loss of funds arising from any unauthorized e-transaction on your Account if the loss occurs before you notify DFA that your Online Credentials have been misused, lost or stolen or become known to someone else and if you contribute to the loss because of your failure to look after and keep your Online credentials secure or your extreme carelessness in failing to protect their security is the dominant cause of your loss; Or your unreasonable delay in notifying DFA of the misuse, loss or theft of your Online Credentials becoming known to someone else and the loss occurs between the time you did, or should reasonably have, become aware of these matters and the time you notify DFA.

You will not be liable for losses which are incurred before you have received your Online credentials; if the e-transaction occurs after you notify MWL that your Online Credentials have been misused or become known to someone else.

Copyrights & Intellectual Property Rights

The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music, and sound. The entire contents of the Site are protected by copyright law. DFA owns copyright and/or database right in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. No part of this Site may be copied, redistributed, retransmitted, reproduced, reworded, converted, or utilized in any form or by any electronic, mechanical, or other means which exist or may exist in the future. No commercial exploitation of downloaded material will be permitted under any circumstances whatsoever.

You acknowledge that you do not acquire any ownership rights by downloading, accessing, reading or in any other manner using copyright material contained on the Site. DFA reserves the right at its sole discretion to immediately block all automatic querying, scanning and/or copying of the content available on the Site without prior notice.

Liability

You will be liable for and agree to indemnify DFA against any loss or damage DFA and any of the Funds being offered (including its Trustee) may suffer because you did not observe your obligations under these T&C or acted negligently or fraudulently when using this Site. DFA and any of the Fund (including its Trustee) under its Management will not be responsible for any loss that you may incur if you fail to comply with the T&C. The use of the Internet is subject to other risks which are not of a security nature described above but which arise from factors beyond DFA's control, for example failure of communication networks, mechanical failures, power failures, malfunction, breakdown, or inadequacy of equipment. These risks may result in your e-transaction requests being delayed, lost, or inaccurately transmitted and may cause you to suffer losses.

To the extent permitted by law, in no event shall DFA or its officers, directors, employees, executives, sponsors, representatives, subsidiaries, affiliates, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents (collectively the "covered parties"), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages or losses whatsoever, including but not limited to (where relevant, caused by): (i) loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, delay, performance or non-performance of the site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service, including services rendered or products offered by DFA or any of its subsidiaries, associates, affiliates or agents (v) errors or inaccuracies contained on the site or any information (including but not limited to the (descriptive) information, products, services, and related graphics obtained through the site; (vi) any transactions entered into through the Site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site, any use, delay or inability to use the Site, or any information, products, or services obtained through the Site; or (ix) any damages caused by a force majeure event. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a covered party has been advised of the possibility of damages.

Subject to the provisions contained above, DFA shall not be able to benefit from any limitation of liability or indemnity for any acts of fraud or intentional and willful misconduct committed by DFA.

Termination

You may stop your use of DFA in its entirety at any time by giving a written notice to DFA. DFA may terminate the Service at any time by giving you a written intimation.

Special Note

Due to any technical / operational reason, fund transfer may be delayed. In such case, please contact our Sales Services Department for further facilitation. Funds are transferred as per TATs (Turn-Around-Time) defined by respective authorities (Banks, SECP, SBP, 1-Link). DFA does not have control over this 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.

Undertaking

1. I/We am/are fully informed and understand that investment in units of Mutual Fund/ CIS are not bank deposit, not guaranteed, and not issued by any person. Shareholders of AMCs are not responsible for any loss to investor resulting from the operations of any CIS launched/ to be launched by AMC unless otherwise mentioned

2. I understand that the risk profiling questionnaire only help me in assessing my risk appetite based on the information provided by me in present circumstances, and I have the sole right & discretion to choose the CIS(s)/Plan(s) as I deem fit which may be different compared to my risk profile. I am aware that my financial needs may change over time depending on my circumstances.

3. The provided source of income/ fund, wealth and occupation details are genuine / authentic and true to the best of my knowledge.

4. I/We understand and agree that DFA has suggested me a specific fund category as per my risk profile. However, I/We reserve the discretion to invest in any other fund category. I/We confirm that I am aware of associated risks of investment in this fund category and confirm that I/We will not hold MWL responsible for any loss which may occur because of my/our decision.

Disclaimer

I/We understand that investment in CIS(s)/Plan(s)/VPS(s) are subject to market risks and fund prices may go up or down based on market conditions. I/We understand that past performance is not necessarily an indicator of future results, and there is no fixed or guaranteed return. I/We hereby also acknowledge that I/We have reviewed and understood detail of Sales Load, the Total Expense Ratio, Back-end, and Contingent Load percentages including taxes of the Scheme as disclosed at offering Document(s) & AMC website. Under the Cooling-off Right, Investor can claim first time investment in a CIS(s)/Plan(s)/VPS(s), through a written request at the applicable NAV on the date of the application within three business days of the said investment.

FATCA Declaration

I/We hereby acknowledge and declare that the FATCA information provided is correct and true and complete to the best of my/our knowledge and belief. I/We agree to provide supporting evidence and provide updates within 30 days in case any of the aforementioned information changes.

I/We expressly and unconditionally authorize DFA to disclose relevant account and/or personal information to third parties including US tax authorities as well as take necessary action including stopping redemption from any/all of my/our account(s) and/or withholding of tax for the purpose of AMC compliance with its obligations under the US foreign Account Tax Compliance Act (“FATCA”).

I/we undertake to fully cooperate with DFA & AMC in meeting its obligation under FATCA in connection with my/our account(s). I/We irrevocably confirm and undertake that I/we shall indemnify, defend and hold harmless DFA & AMC, its Directors, Officers and Employees from any loss, action (including, but not limited to, sums paid in settlement of claims, reasonable attorney and consultant fees, and expert fees), claim, damages or liability which may be suffered or incurred by DFA in discharging its obligations under FATCA and/or as a result of disclosures to the US tax authorities. I/We acknowledge and accept that DFA reserves the right to close or suspend, without prior notice, any/all of my/our account(s), if required documentation/information is not submitted within a stipulated time.

CRS Declaration

I understand that the information supplied by me is covered by the full provision of the terms and conditions governing the Account Holder’s relationship with DFA and its funds under management setting out how AMC and its Funds under management may use and share the information supplied by me.

I acknowledge that the information contained in this form and information regarding the Account Holder and any Reportable Account(s) may be provided to the tax authorities of the country in which this account(s) is/are maintained and exchanged with tax authorities of another country or countries in which the Account Holder may be tax resident pursuant to intergovernmental agreements to exchange financial account information.

I certify that I am an account holder (or an authorized person to sign for the Account Holder) of all the account(s) to which this form relates. I declare that I have neither asked for, nor received from DFA or AMC and its Fund under management in determining my classification as a reportable person or otherwise.

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