i)Ownership of the Web-Site
(a) Arham Wealth Management Pvt. Ltd. being a broker registered with
the Securities and Exchange Board of having obtained Certificate of Registration
No. INB 011203537 thereby being entitled to effect purchase and sale transactions
of securities (hereinafter referred to as the "Securities Dealings") online.
ii)Registration for use of the Facilities and Services
(a) Any person visiting the Web Site may acce ss and use the Facilities
by establishing an online persona with a unique 'Client ID' and 'Password', in the
manner as indicated on the Web-Site. “Facilities” shall mean and include any information,
materials, documents, chat-room facilities, Downloads (software or otherwise), data,
stock market quotation ticker tape facilities, and all other information and utilities
contained or accessible on or through the Web Site as may be provided on the Web
Site from time to time, [other than any information directly required in relation
to the Services].
(b) Only persons who enter into an agreement with the Member and who
have been provided with a unique Trading Password for online trading and unique
Client Code for online trading by the Member in the manner as indicated on the Web-Site
for online trading and give exact code for trading respectfully shall be entitled
to avail the Services provided by the Member.
(c) The Terms shall be deemed to form part of the Member-Constituent
Agreement and shall be deemed to be incorporated therein to the same extent as if
these provisions had been set forth in full therein. The Constituent's entitlement
to avail the Services or any part thereof shall be subject to compliance with all
the terms and conditions set forth herein.
Conditions of Use of The Services
i)Subject Matter of the Services The Services offered by the Member include
the sale and purchase of dematerialized securities trading (in e-trading account
on the internet and also in off-line trading and delivery of shares in physical
mode wherever the same is traded on off-line on specific direction received by the
'Member' at any of their terminals) in the cash/normal segment of the market [and
shall include trading in derivative products or in the carry forward segment, and
such other services/ products as may be permitted from time to time].
(a) The Constituent shall be entitled to place an order for the sale
or purchase of any Admitted Security at any time, regardless of the duration of
the trading hours of the Exchange, through e-mail, writing, telephonic placement
by the Constituent or his duly authorized representatives whose particulars has
been provided by the Constituent to the member and on receipt of such instructions
those orders shall be forwarded for the execution.
(b) All orders entered by Constituent, either electronically or otherwise
as detailed above, are based upon their investment decisions and their sole responsibility
and will not hold, nor seek to hold the Member or any of its officers, directors,
employees, agents, subsidiaries or affiliates, liable for any trading losses or
other losses incurred by Constituent, including in the event that any order is placed
by the Constituent on the basis of the Facilities or any information (including
any investment information, advice, research reports, or any other information)
that may be made available on the Web-Site.
(c) The Member shall be deemed to not have received any order whether
electronically transmitted or otherwise until it has confirmed the receipt of such
order as mentioned in sub-clause II.ii (a).(d) The Constituent agrees that placing
an order with the Member, either electronically or otherwise, does not guarantee
execution of the order, regardless of the confirmation by the Member of the receipt
of the order and/or its execution and the Member shall not be liable for any losses,
damage or claims on account of the non-execution of any order placed.
(d) The Constituent hereby accepts all responsibility for knowing
the status of all corporate benefits like rights and bonus issues, dividends and
stock splits of shares he/she/it intends to trade in or held in his/her/its account.
The Constituent further accepts all responsibility for knowing the correct ISIN
numbers of the shares in his/her/its account and the eligibility of the shares to
meet share pay in obligations to the BSE/NSE whether received by way of purchases,
rights, bonuses, stock splits, off market transfers or otherwise.
(e) Prior to placing an order in connection with the sale/purchase
or transfer of any securities in which Constituent requires any form of regulatory
or other permission, the Constituent must advise the Member of the status of the
securities and furnish necessary documents including opinions of legal counsel prior
to the execution of the order. The Constituent acknowledges and accepts that delays
may occur in relation to the processing of such orders, despite the necessary documents
being furnished in a timely manner. The Member may at its sole discretion refuse
to execute any such order till it is satisfied of the legality of the transaction.
The Constituent is responsible for all costs associated with compliance or failure
to comply with all the regulatory requirements and hereby agrees to fully indemnify
the Member from any costs, losses, claims or other liability arising on account
of such orders.
(a) In the event that the order is placed during the trading hours
of the BSE/NSE, it shall be routed to and executed on the market system. However,
in the event that the order is placed at any other time, the order shall be routed
to and executed during the next succeeding trading session of the BSE/NSE.
(b) The Constituent agrees and appoints the Member as its agent to
take all necessary measures to complete the transactions and hereby authorizes the
Member to make any and all advances and expend monies as may be required.
(c) The Constituent acknowledges that whilst orders are normally routed
through the market systems almost simultaneously with the placing of the order,
the Constituent is aware that the Member has provided on the Web-Site a facility
for reconfirmation of orders which are larger than those specified by the Member's
risk management policy and is also aware that the Member has the discretion to reject
the execution of such orders based on such risk management policy. The Member shall
not be liable for any delay or cancellation of any order due to the exercise of
the Member's discretion under such policy.
(d) The Constituent acknowledges and accepts that the Member has the
sole discretion to reject or cancel any order that may be placed by the Constituent
for any reason whatsoever, including for any breach of the Margin requirements as
stipulated hereunder in Paragraph II.vi and the Member shall not be liable for any
losses, damage or claims on account of such rejection or cancellation as the case
(e) The Constituent acknowledges and accepts that the BSE/NSE may
reject or cancel any trade suo moto without ascribing any reasons therefor and the
Member shall not be liable for any losses, damage or claims on account of such rejection
or cancellation as the case may be.
The Constituent further acknowledges and accepts that it will receive the price
at which the order was actually executed in the marketplace, which may be different
from the price at which the security was traded when the order was entered into
the Member's system.
(f) The Constituent hereby agrees that Member shall not be responsible
or liable for the execution of any order that may have been placed by the Constituent
or any unauthorised use of the Constituent's Trading Password by any person.
(g) The cancellations or modifications to orders placed is not guaranteed.
Cancellation of orders is possible only if the original order remains pending at
the BSE/NSE. The cancellation or modification of an order shall be deemed not to
have been executed unless a confirmation to such effect is received from the Member.
The Constituent agrees that the Member shall not be liable for any losses, damage
or claims on account of the non-execution or delayed execution of an order of cancellation
or modification. Unless otherwise specified by the Member, any order not executed
at the end of the relevant BSE/NSE trading day shall stand cancelled. To remove
any doubt, it is hereby clarified that an order placed prior to or during the trading
day at the BSE/NSE, shall not remain valid for execution at any subsequent trading
day at the BSE/NSE.
(h) The Constituent also accepts responsibility for knowing the trading
and settlement cycles of the BSE/NSE and the settlements pay in/pay out dates for
funds and securities and in the event any trades or transactions are reported late
to the Member on account of any problems at the Exchange or for whatever reason,
the Constituent in turn will be subject to late reporting of transactions
(i) Any errors reported to the Constituent for any reason whatsoever
will stand subsequently corrected to reflect the transaction that was effected in
the market and the Constituent agrees that the Member shall not be liable for any
damage, loss or claim in account of such error or correction thereof.
iv)Purchase of the Admitted Securities
(a) Prior to placing any order for the purchase of any Admitted Security,
the Constituent shall ensure that sufficient cash credit balance is available in
its account with the Member. The Constituent is responsible for all of their orders,
including any orders, which exceed the available cash, credit balances available
to its account and are executed by the Member, inadvertently or otherwise.
(b) Any order accepted and executed, inadvertently or otherwise, without
sufficient cash credit balance will be subject to cancellation or liquidation at
the Member's discretion, unless the Constituent immediately, upon demand by the
Member, makes good the shortfall in the amount as indicated by the Member.
(b) The date for payment in the case of purchase of securities by
the Constituent will be viewed on the day to day basis by the member and the same
shall be intimated by the member to the Constituent either telephonically or otherwise
as required for maintaining the account of outstanding as per BSE/NSE rules and
the Constituent shall within two days make up the deficiency of balance and bring
it to cash credit with the reasonable margin to withstand his future transactions
within the 'margin' limit provided herein after on the date intimated by the Member
to the Constituent for the same (the “Intimated Date”) and which may be a date which
is at least [two] working days in advance of the pay in date of the BSE/NSE. In
the case where the payment is not made by the Intimated Date, the securities purchased
by the Member on behalf of the Constituent shall be liable to be sold without any
further reference to the Constituent and any loss or damage as a result of such
sale would be borne solely by the Constituent.
v)Sale of the Admitted Securities
(a) Prior to placing any order for the sale of any Admitted Security,
the Constituent shall ensure that the concerned security is available in sufficient
quantity in its/his/her account with the Member. The Constituent is responsible
for all of their orders, including any orders, which exceed the available quantity
of the relevant security and are executed by the Member, inadvertently or otherwise.
(b) The Constituent agrees and hereby authorizes the Member to block
as sold the relevant securities, as standing to its/his/her account, against its/his/her
order to sell securities. If its/his/her order gets executed either fully or partially
then the securities to the extent sold, would be unblocked on the trade date and
the transaction would be effected. The Constituent agrees that it/he/she shall not
withdraw/pledge or otherwise use or attempt to withdraw/pledge or otherwise use,
the blocked securities. The Constituent hereby authorizes the Member to dishonor
any orders issued against the blocked security.
(c) The Constituent acknowledges and agrees that the proceeds of the
sale will not be credited to the cash credit balance account of the Constituent
until the securities have been delivered to the BSE/NSE/clearing house and pay out
is received from the BSE/NSE clearing House. The proceeds of all sales will be credited,
to the cash credit balances account of the Constituent as maintained by the Member,
directly after settlement date
(d) If the securities are not received on or before the settlement
date or securities received are not in deliverable state or due to any other reason
whatsoever, the Constituent is not able to deliver securities, the securities will
be auctioned or closed out as per the rules of the BSE/NSE. Consequently, the Constituent
will be responsible for any resulting losses and all associated costs including
any penalty levied by the BSE/NSE.
(a) The Constituent shall maintain such quantity of securities and
such amount of cash credit balances (hereinafter referred to as the “Margin”) as
required by the applicable statutes, rules, regulations, procedures or as deemed
necessary or advisable by the Member, provided that the Margin shall not at any
time be less than [20%] of the price of the Admitted Securities proposed to be purchased
or sold. The Constituent agrees that no interest shall be payable on the Margin
as maintained with the Member. The Constituent shall be permitted to trade upto
a predetermined number of times of the Margin and the quantum of such multiple shall
be determined at the sole discretion of the Member.
(b) The margin requirement and squaring up process for online trading
is different, the margin in online account will not be considered in the offline
account and vice-versa unless specifically directed by Constituent. The accounting
process for both accounts is different and is independent of each other.
(c) In case there is any change in policy relating to Risk Management
pertaining to margin requirement and squaring up process the same would be reflected
to the user and at the registered office and terminals of the member and the onus
is on the the Constituent to keep check, understand, and agree with the Risk Management
policy pertaining to margin requirement and squaring up process from time to time.
(d) The Constituent shall also remain in touch with the member to
keep a regular check on his account and margin requirements, for maintaining sufficient
margin with the member to undertake any transaction in his a/c in off line and online
trading. If the Member considers it necessary for its own protection, it may require
the Constituent to immediately on demand deposit cash or securities to their account
prior to any applicable settlement date in order to assure due performance of their
open contractual commitments. If Constituent does not provide such additional cash
or securities, the Constituent hereby grants to the Member the right to sell any
or all securities extant in their account, buy any or all relevant securities which
may be short in their account, cancel any or all open orders and/or close any or
all outstanding contracts.
(e) In addition, Constituent acknowledges and agrees that the Member
may exercise any or all of the above rights, prior to or without any demand, for
additional cash or securities, or notice of sale or purchase, or other notice or
intimation. Any such sales or purchases may be made at any time at the sole discretion
of the Member on any market where such business is usually transacted, or at public
auction or private sale, or the Member may purchase/sell for its own account. The
making/giving of any prior demand or call or notice of the time and place of such
sale or purchase shall not be considered as a waiver of any rights of the Member
to sell or buy without any such demand, call or notice, at that time or at any time
(f) In addition to the above, if the Constituent does not credit its
cash or securities account as maintained with the Member, to make up any shortfall
in the Margin, instantaneously, to enable restoration of the Margin in Constituent's
account, the position of the Constituent may be squared off by the Member, without
any further reference to the Constituent and without prior notification, and any
resultant or associated losses that may occur due to such squaring off shall be
borne by the Constituent, and the Member is hereby fully indemnified and held harmless
by the Constituent in this behalf. In case where the payment by the Constituent
towards the Margin is made through a cheque issued in favour of the Member, any
trade would be executed by the Member only upon the realisation of the funds of
the said cheque.
vii)Confirmations and Contract Notes
(a) The Constituent is required to ascertain the status of its/his/her
order (including any rejection of the same) which would be posted on the relevant
sections of the Web-Site or the Constituent 1may enquire the balance as maintained
by member or the member shall keep sending the details of contract notes and the
status of his account on fortnight basis wherever the Constituent is availing the
services of the member”off-line'from any terminals of the member.
(b) Constituent understands that it is its/his/her responsibility
to review, upon first receipt, whether delivered to Constituent by mail, by e-mail,
or other electronic means, all confirmations, statements, notices and other communications,
including but not limited to, margin, maintenance calls, and prospectuses. Notices
and other communications may also be provided to Constituent verbally, in writing
or by other means.
(c) The Member shall deliver to the Constituent via email or other
electronic means or otherwise a contract note of the trades executed on their behalf
on the trade date, or should post such information on the website, within 24 hours
of the execution of the order. The contract note shall be final and binding proof
of the order placed by the Constituent and confirmation of trade, regardless of
any apparent or inadvertent errors.
(d) All information contained in any confirmation, contract note or
other communications shall be binding upon the Constituent in relation to all trades/transactions,
whether the orders are given by the Constituent through the Web-Site or by telephonic
means or otherwise
(a) The Constituent agrees to pay the brokerage charges, BSE/NSE
related charges, statutory charges/taxes and any other charges (including but not
limited to security handling charges on settlement) as they exist from time to time
and as they apply to the Constituent's account, in respect of trades/transactions
and services that the Constituent receives from the Member. The brokerage shall
be paid in the manner intimated by the Member to the Constituent from time to time,
including as a percentage of the value of the trade or as a flat fee or otherwise,
together with the service tax/securities transaction tax as may be applicable from
time to time on the same. The Constituent further agrees to pay any applicable taxes
that may be levied on the transaction.
(b) The Member shall debit the charges of the depository participant
for the trades and the bank charges for the realisation of cheques etc. to the Constituent
(c) Notwithstanding anything contained in these Terms, any amounts
which are overdue from the Constituent to the Member will be charged delayed payment
charges at the rate of [2%] per month or such other rate as may be determined by
the Member and notified on the web site and the Constituent hereby authorises the
Member to directly debit the same to the account of the Constituent.
ix)Constituents Cash Credit and Securities Acco
(a) The Member shall maintain such books of account in such manner
so as to show and distinguish in connection with its business as a trading member
broker the moneys and securities received from or on account of each of the Constituents,
and the moneys and securities received on its own account.
(b) The Constituent is required to ascertain all ledger balances of
moneys and securities standing to its credit, which would be posted only on the
relevant sections of the web site, and no separate intimation of the ledger balances
of the Constituent in his account would be sent to the Constituent either physically
or electronically unless specifically requested in writing by the Constituent. The
information as contained in the ledger balances shall be binding upon the Constituent
and the Constituent hereby agrees that the Member shall not be liable for any loss,
damage or claim on account of any error in the information contained in the ledger
(c) All payments in respect of transaction made by the Constituent
to the company shall be payable at Mumbai or such other places as may be instructed
by the Member, drafts and cheques in that behalf shall be drawn in favour of the
company and shall be payable at Mumbai or such other places as may be instructed
by the member from time to time. Final settlement of outstanding account in respect
of transactions between the Member and Constituent and periodical settlement and
termination of contract shall be struck and finalised at the company Head Office
(d) The Constituent hereby authorises and empowers members to adjust
all the debts/credits (funds/stocks) resulting from trading transactions in any
of the following segment of BSE/NSE vis-à-vis F&O, Equity, Depository with any cash
segment (equity) account and vice-versa in order to discharge any financial liability/obligation
towards in any segment.
(e) That the Constituent authorises the trading member to maintain
a running account for me/us/we for adjustment of any debit/credit resulting from
any transactions by it/him/her in one settlement for adjustment towards it/her/his
credit/debit in subsequent settlements.
(f) All transactions with The Stock Exchange, Mumbai (BSE) and/or
the National Stock Exchange of India Limited (NSE) will be subject to the rules,
regulations and Bye-laws of that Exchange apart from the existing terms and conditions
as mentioned thereof.
(g) To avoid any ambiguity it is hereby provided that notwithstanding
anything contained in these Terms or in the Member-Constituent Agreement or any
other understanding or agreement between the Member and Constituent, the Member's
own records of the orders, cancellations, modifications, trades and transactions,
in whatsoever manner maintained shall be deemed to be and is hereby accepted by
the Constituent as conclusive and binding on the Constituent for all purposes and
further the Constituent shall not challenge the accuracy, truth, or correctness
of the said records in any manner and for any purpose whatsoever.
x)Further Documentation The Constituent agrees to complete any further documentation
that may be required in relation to any of the securities dealings or by any of
the regulatory authorities or under the Member's policies as may be notified from
time to time or under any law, regulation, guideline, rule, byelaw, order or other
edict having the force of law. II.xii Compliance with Laws All transactions that
are carried out by and on behalf of the Constituent shall be subject to Government
notifications, the rules, regulations and guidelines issued by SEBI, the Reserve
Bank of India and the National Securities Depository Limited, the Central Depository
Services Limited, the Securities Contracts Regulation Act and the rules made there
under, and the byelaws, constitution, rules, regulations, customs and usage of the
BSE/NSE, if any.
Additional Conditions in Relation to Electronic Orders
i)List of Dematerialised Securities The Member shall notify the securities
for which this facility is made available from time to time on the Web Site. The
Member would have the right to add or delete securities for which the facility is
made available in its absolute discretion and details of the same would be posted
on the Web Site and no separate intimation whatsoever thereof will be sent to the
ii)Protection of Constituent's Trading Password The Constituent shall immediately
notify the Member in writing, delivered via e-mail, Speed Post and Registered AD,
if the Constituent becomes aware of any loss, theft or unauthorised use of the Constituent's
Trading Password and account number; or any failure by the Constituent to receive
an accurate written confirmation of an execution including the contract note for
the same; or any receipt by the Constituent of confirmation of an order and/or execution
which the Constituent did not place; or any inaccurate information in the Constituent's
account balances, securities positions, or transaction history. In the case where
the Constituent notifies such loss, theft or unauthorised use of the Constituent's
Trading Password to the Member, the Member shall suspend the use of the account
of the Constituent. However, the Constituent shall be responsible and liable for
all transactions that are carried out by the use of the Constituent Trading Password.
When any of the above circumstances occur, neither the Member nor any of its officers,
directors, employees, agents, affiliates or subsidiaries will have any responsibility
or liability to the Constituent or to any other person whose claim may arise through
the Constituent with respect to any of the circumstances described above.
iii)Use of Constituent's Trading Password The Constituent confirms and agrees
that it will be the sole authorised user of the Trading Password /s to be given
to it by the Member. The Constituent accepts sole responsibility for use, confidentiality
and protection of the Trading Password /s as well as for all orders and information
changes entered into the Constituent's account using such Trading Password. The
Constituent shall ensure that the Trading Password /s is/are not revealed to any
third party or recorded in any written or electronic form. If the Constituent forgets
the Trading Password, a request for change of the Trading Password should be sent
to the Member in writing. On receipt of such a request the Member shall discontinue
the use of the old Trading Password and shall generate a new Trading Password for
the Constituent, which shall be communicated to the Constituent. However, the Constituent
shall be responsible and liable for all transactions that are carried out by the
use of the old Trading Password. Neither the Member nor any of its officers directors
employees agents affiliates or subsidiaries will have any responsibility or liability
to the In addition, the Constituent hereby grants to Arham Wealth Management Pvt.
Ltd. the right to with-hold its/he/her securities payment and/or funds pay-out from
the stock exchange in part or full. Constituent or to any other person whose claim
may arise through the Constituent with respect to any of the circumstances described
iv)Form of Trading Password The Constituent shall use a Trading Password
of 6-8 characters in length, which is a combination of letters and numbers. The
Trading Password shall not be a combination relating to name or age or other personal
information, which would render it easily deducible. The Trading Password shall
be valid for a period of one month only. In the case where the Constituent wishes
to change his Trading Password he can do so on the Web Site in the prescribed manner.
v)Recording of Trading Password The Constituent shall memorise the Trading
Password and not record it in written or electronic form. In the event that the
Constituent does record the Trading Password in written or electronic form, he/she/it
shall do so at his/her/its sole risk and responsibility.
vi)Responsibility for Use of the Trading Password Any order entered using
the Trading Password is deemed to be that of the Constituent. If third parties gain
access to the Member's services through the use of the Trading Password, the Constituent
will be deemed to be responsible for the same and hereby indemnifies and holds harmless
the Member against any liability, costs or damages arising out of claims or suits
by or against such third parties based upon or relating to such access and use,
since the primary responsibility for such transaction shall be that of the Constituent.
vii)Communications Equipment of the Constituent The Constituent is responsible
for installing and maintaining the communications equipment (including personal
computers and modems) and telephone or alternative services required at the Constituent's
end and connectivity required for accessing and using the web site or related services.
All communications service charges, levies and fees incurred by the Constituent
in accessing the web site or related services will be borne by the Constituent.
viii)Constituent's Infrastructure For the purposes of these Terms, it is
presumed that the Constituent has all the necessary and compatible infrastructure
ready at its end for the purpose of accessing the web site of the Member prior to
accessing the services provided pursuant to these Terms. The Member will not (and
shall not be under any obligation to) assist the Constituent in installing the required
infrastructure or obtaining the necessary equipment permits and clearances to establish
connectivity or linkages to the web site of the Member. III.ix Prevention of Unauthorised
Use The Constituent will install the necessary safeguards and access restrictions
to prevent unauthorised use of Constituents computer systems and ensure that no
unauthorised person can gain access to the computer systems.
Additional Conditions In Relation to ral Orders On-Line & Off-Line
(a) The Constituent agrees and hereby authorises the Member at its
sole discretion and without any prior notice to the Constituent, to record any conversation
between the Constituent and the Member. Such recording shall be deemed to be and
is hereby accepted by the Constituent as conclusive and binding on the Constituent
for all purposes and further the Constituent shall not challenge the accuracy, truth,
or correctness of the said records in any manner and for any purpose whatsoever.
(b)The Constituent hereby agrees that the Member shall not be liable for
any losses, damage or claim on account of transactions effected by the Member on
behalf of the Constituent arising from any incorrect or erroneous transfer or collection
of the order instructions from the Constituent.
Member Constituent Communications
i)Form of Communication Documents, which may be sent by electronic delivery
between the parties, may be in any of the following manners (a) an electronic mail
('e-mail') including any automated replies from the system of the Member, (b) an
electronic mail attachment, or (c) in the form of an available Download from the
web site. (d) by telephonic information duly recorded. (e) by courier containing
details of transaction confirmations, account statements requisition of any delivery
related documents on the last known address of the Constituent.
ii)Change of Address Unless the Constituent informs the Member of the change
of the address for communication in writing, all notices, circulars, communication
or mail sent to the existing address shall be deemed to have been received by the
Constituent irrespective of whether they are actually received or not.
iii)Notices/ Policies Certain policies and/or procedures may be further outlined
on the Member's web site and material/literature and frequently asked questions
(FAQ's) may be provided to the Constituent. Through the use of the Member's web
site and services, the Constituent agrees to be bound by any and all such notices,
policies and terms of doing business.
(a) The Member-Constituent Agreement and access to the use of the
Web-Site, the Services, the Facilities and the Content may upon notice of one month
be terminated by mutual consent of the Constituent and the Member. (b) The termination
of the Member-Constituent Agreement and access to the use of the Web-Site, the Services,
the Facilities and the Content will not affect the rights and/or obligations of
either the Member or the Constituent incurred prior to the date of such termination
and the parties shall enjoy the same rights and shall have the same obligations
in respect of such transactions.
i)Facilities and Web Content
(a) The Constituent acknowledges and agrees that each participating
stock exchange or association or agency asserts a proprietary interest in all of
the market data it furnishes to parties that disseminate the said data. The Constituent
shall use real-time quotes received on the web site of the Member only for the Constituent's
individual use and shall not furnish such data to any other person or entity. The
Constituent is authorised to use materials which are made available by the Member's
web site for the Constituent's own needs only, and the Constituent is not authorised
to resell access to any such materials or to make copies of any such materials for
sale or use to and by others. The Constituent shall not delete copyright or other
intellectual property rights notices from printouts of electronically accessed materials
from the Member's web site.
(b) All materials published on the Web-Site, including, without limitation,
information, text, photographs, images, graphics, software, audio, and video and/or
other visual reproductions (hereinafter referred to as the “Content”) are intended
solely for personal, non-commercial use. All rights pertaining to the Content or
any part thereof shall vest only in the relevant owners of the same and no other
person may modify, publish, transmit, participate in the transfer or sale of, reproduce
(except as provided herein), create derivative works from, distribute, perform,
display or in any way exploit, any of the Content, in whole or in part.
(c) All Content is owned or controlled by or the party credited as
the provider of such Content. The Content, and the entire Web-Site, including without
limitation all materials published by and all postings on the Web-Site may be protected
by copyright pursuant to Indian copyright laws, international conventions, and other
copyright laws.5 Paisa owns a copyright in the selection, coordination, arrangement
and enhancement of such Content, as well as in the original component of the Content
itself. All persons visiting and/or using any of the Facilities on the Web-Site
or viewing any of the Content thereof (hereinafter such person shall be referred
to as the “Visitor”, which term shall mean and include the Constituent in relation
to any use of the Facilities and Content) shall abide by all copyright notices,
conventions, and other copyright laws. The Visitor shall abide by all copyright
notices, information or restrictions contained in any Content accessed by or through
the Web-Site. Reproduction of the Web-Site site, in whole or in part, without the
prior written permission of is strictly prohibited.
(d) To the extent that any part of the Content may be Downloaded
or copied, the same may be done only for personal non-commercial purpose(s) and
use(s), and provided that all copyright and other notices contained in such Content
are faithfully maintained and the Content shall not be stored in any media other
than in the Visitor's personal computer. In the event any software is Downloaded
from the Web-Site, such software, including without limitation any files, images
incorporated in or generated by the software, and data accompanying the software,
are licensed to the Visitor by for personal, non-commercial use and viewing only.
The software may not be redistributed, sold, decompliled, reverse engineered or
otherwise reduced to a human perceivable form. 5 Paisa retains full and complete
title and rights to all intellectual property in Web Site.
) (e) 5 Paisa shall not be liable for truth, accuracy or completeness
of the information or for any errors, mistakes or omissions therein or for any delays
or interruptions of such information for whatever cause. It is expressly understood
and agreed to by the Visitor that except as specifically provided herein, all warranties,
express or implied, including any implied warranties or merchantability and/or fitness
for a particular purpose, are hereby excluded.
ii) Third Party Providers/Links The Web Site may contain links to other web
sites on the World Wide Web. 5 Paisa is not responsible for their resources or their
content or the availability thereof.
(a) The Visitor shall remain solely responsible for all submissions
on and to the Web Site. 5 Paisa is not responsible for the content or message of
any submissions. The member does not guarantee, and makes no formal representation
or warranty as to, the accuracy, veracity or completeness of any information provided
by others in any portion or page of the Web-Site, nor does 5 Paisa necessarily endorse,
support, sanction, encourage, verify, agree with, or reject, diminish or disagree
with, the comments, opinions or statements posted by others on the Web-Site.
(b) While does not and cannot review every message posted or item
submitted to/on the Web-Site, 5 Paisa reserves the right, in its sole discretion,
but assumes no duty, to delete, move, or edit submissions that it deems false, inappropriate,
abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise
unacceptable, and the Visitor expressly acknowledges and accepts that its submissions
may be edited, removed, modified, published, re-published, transmitted and displayed
by in its sole discretion.
(c) The Web Site and its Facilities including the discussion groups
and chat rooms shall be used only in a non-commercial manner. No part of the Web
Site, discussion groups and/or chat rooms shall be used to solicit Visitors to become
users of commercial online information services or for any other commercial services.
The Visitor shall not disrupt or interfere with any aspect or element of the Web
Site nor shall the Visitor do anything, which, in the sole judgment of , will restrict
or inhibit any other Visitor from using and enjoying the Web Site and/or any of
its Facilities. The Visitor shall not, without the express written approval of ,
post or otherwise distribute any material containing any solicitation of funds,
advertising or solicitation for goods or services. The Visitor shall not copy third
party articles into the chat rooms or discussion groups available on the Web Site.
No Visitor shall tout or hype a stock or company, or post the same note on multiple
occasions in a single day (a practice known as 'spamming'). The Visitor shall not
upload to, or otherwise submit or publish through, the Web-Site any content or material
which is libelous, defamatory, obscene, pornographic, abusive, or hateful, or which
invades anyone's privacy, encourages conduct that would constitute a criminal offense,
or otherwise violates any third party rights or local, state, federal or international
law or regulation.
(d) Those Visitors with formal connections or affiliations to or with
a company being discussed in any forum, including among other things any and all
positions of employment, directorships, consultancies and/or substantial share holdings,
must identify themselves as such, and disclose such connection or affiliation, within
their first post in that topic, company focus, or subject matter.
(e) The author or creator of any and all submissions in print or other
forms or other uploads to the discussion groups and/or chat rooms, transfers and
assigns to , by virtue of submission to the Web-Site and this agreement, the entire
copyright, throughout the universe, in any and all media and forms of publication,
reproduction, transmission, distribution, performance, or display, The provisions
of this agreement shall always be subject to government notifications, and rules,
regulations & guidelines issued by SEBI & stock exchange rules, regulations & bye-laws
that may be in force from time to time & the securities contract regulation Act.
The Rules thereunder and any other applicable statutory provisions and/or regulations.
Now in existence or hereafter developed, in such work or other original materials;
without separate, retained or reversionary rights being held by such author, creator
or other person submitting such work. 5 Paisa may exercise the rights granted herein
in such from as it may in its sole discretion determine; such that the submitted
material may be published, reproduced, reprinted, distributed, performed, displayed,
included in anthologies and compilations, and/or otherwise transmitted (including
but not limited to electronic and optical versions and in any other media now in
existence or hereafter developed) in whole or in part, whether or not combined with
the work of others. In addition, 5 Paisa may use the name and electronic address
of the author, creator and/or other person submitting the work in publishing, promoting,
advertising, and publicizing their publications and information products and services,
and in any merchandising.
Warranties of Constituent
(a) The Constituent hereby represents and warrants that the terms
and conditions of these Terms have been clearly understood and that the information
furnished to the Member is accurate and truthful .
(b) The Constituent confirms that it/he/she is of legal age and he/she/it
has obtained the necessary approvals from the relevant regulatory/ legal and compliance
authorities to access the services provided pursuant to these Terms.
(a) Though orders are generally routed to the marketplace shortly
after the time the order is placed by the Constituent on the system there may be
a delay in the execution of the order due to any link/system failure at the Constituent/Member/BSE/NSE's
end. The Constituent hereby specifically indemnifies and holds the Member harmless
from any and all claims, and agrees that the Member shall not be liable for any
loss, actual or perceived, caused directly or indirectly by government restriction,
exchange or market regulation, suspension of trading, war, strike, equipment failure,
communication line failure, system failure, security failure on the Internet, shut
down of systems for any reason (including on account of computer viruses), unauthorized
access, theft, any fraud committed by any person whether in the employment of the
Member or otherwise or any problem, technological or otherwise, that might prevent
the Constituent from entering the Member's system or from executing an order or
in respect of other conditions.
(b) The Constituent further agrees that he/she/it will not be compensated
by the Member for any "lost opportunity' viz. notional profits on buy/sell orders
which could not be executed or real loss from delay in executed orders due to any
reason whatsoever, including but not limited to time lag in the execution of the
order or the speed at which the system of the Member or of the Exchanges is operating
or the delay in stock quotes or any shutting down by the Member of his system for
any reason or the Member disabling the Constituent from trading on his system for
any reason whatsoever.
(a) Under no circumstances, including but not limited to negligence,
shall the Member or anyone involved in creating, producing, delivering or managing
the Services be liable for any direct, indirect, incidental, special or consequential
damages, even if the Member or such person has been advised of the possibility of
such damages, that result from the use of or inability to use the service, delay
in transmission of any communication, in each case for any reason whatsoever (including
on account of breakdown in systems) or out of any breach of any warranty or due
to any fraud committed by any person whether in the employment of the Member or
(b) The Constituent agrees to fully indemnify and hold harmless the
Member for any losses arising from the execution of incorrect/ ambiguous or fraudulent
instructions that got entered through the system at the Constituent's end.
ii)Limitation of liability The Member does not guarantee, and shall not be
deemed to have guaranteed, the timeliness, sequence, accuracy, completeness, reliability
or content of market information, or messages disseminated to the Constituent. The
Member shall not be liable for any inaccuracy, error or delay in, or omission of,
(1) any such data, information or message, or (2) the transmission or delivery of
any such data, information or message; or any loss or damage arising from or occasioned
by (i) any such inaccuracy, error, delay or omission, (ii) non-performance, or (iii)interruption
in any such data, information or message, due either to any act or omission by the
Member or to any "force majeure" event (e.g., flood, extraordinary weather condition,
earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident,
action of government, communications, power failure, shut down of systems for any
reason (including on account of computer viruses), equipment or software malfunction),
any fraud committed by any person whether in the employment of the Member or otherwise
or any other cause beyond the reasonable control of the Member.
iii)Interruption in service The Member does not warrant that the service
will be uninterrupted or error free. The service is provided on an "as is" and "as
available" basis without warranties of any kind, either express or implied, including,
without limitation, those of merchantability and fitness for a particular purpose.
The Constituent agrees that the Member shall not be held responsible for any breakdown
of the system either due to the fault of the systems of the Member or of the Exchanges
iv)Amendment/ Modification of the Terms The Member may at any time amend
these Terms, by modifying or rescinding any of the existing provisions or conditions
or by adding any new provision or condition, by conspicuously posting notice of
such amendment on the web site. The Member shall not be required to communicate
any modification or rescission to the Constituent either through physical or electronic
form, and any notice of amendment or modification is hereby waived by the Constituent.
The continued use of the services of the Member after such notice will constitute
acknowledgement and acceptance of such amendment. These Terms (as amended or modified
from time to time) represent the entire agreement between the Constituent and the
Member concerning the subject matter hereof. The continued use of the Services by
the Constituent constitutes the Constituent's acceptance of any and all modifications
and amendments of the Terms.
v)Severability If any provisions or of these Terms are held invalid or unenforceable
by reason of any law, rule, administrative order or judicial decision by any court,
or regulatory or self-regulatory agency or body, such invalidity or unenforceability
shall attach only to such provision or terms held invalid. The validity of the remaining
provisions and terms shall not be affected thereby and these Terms shall be carried
out as if any such invalid or unenforceable provisions or terms were not contained
vi)No Assignment The rights of the Constituent under these Terms are not
transferable under any circumstances and shall be used only by the Constituent
vii)Authorised Representative The instructions issued by an authorised representative
of the Constituent shall be binding on the Constituent in accordance with the letter
authorising the said representative to deal on behalf of the Constituent.
viii)Death or Insolvency In the event of death or insolvency of the Constituent
or of its otherwise becoming incapable of receiving and/or paying for or delivering
or transferring securities which the Constituent has ordered to be bought or sold,
the Member may close out the transaction of the Constituent and the Constituent
or its legal representative/s or nominee/s shall be liable jointly or severally
for any losses, costs and be entitled to any surplus which may result there from.
(a) The Member and the Constituent are aware of the provisions of
the bye laws rules and regulations of the BSE/NSE relating to the resolution of
the disputes/differences through the mechanism of arbitration provided by the Exchanges
and agree to abide by the said provisions insofar as any disputes under these Terms
relate to transactions that are to be carried out on the exchanges.
(b) In so far as any other disputes or differences in connection with
these Terms or their performance (other than the disputes referred to in Paragraph.
(c) ivx (a) above) are concerned such disputes shall, so far as it
is possible, be settled amicably between the Parties and in the case where after
30 days of consultation, the parties have failed to reach an amicable settlement,
such disputes shall be submitted to arbitration and such arbitration shall be conducted
in accordance with the Indian Arbitration and Conciliation Act, 1996 (the “Arbitration
Act”) by an panel consisting of a sole arbitrator. The Member and the Constituent
expressly consent and agree that the Chairman, shall be the persona designate to
appoint the dais sole arbitrator. The venue of arbitration shall be Delhi and each
party shall bear the cost of arbitration equally unless otherwise awarded by the
sole arbitrator. (c) The member maintains offices at different places within the
knowledge of the Constituent and the Constituent shall have all transaction with
the principle office, but they may also avail facility at its branches as well.
Branch Managers shall also have the power to recover payments or make the payments
on behalf of the principles to such Constituents after obtaining the instruction
in this behalf and may give acknowledgement of such transaction on behalf of the
head office. However all transaction may be entered at branches shall be treated
as transaction being done with the principle office and all information shall remain
with the Member at New Delhi.
(d) xv Foreign Jurisdiction This service does not constitute an offer
to sell or a solicitation of an offer to buy any shares, securities or other instruments
to any person in any jurisdiction where it is unlawful to make such an offer or
solicitation. This service is not intended to be any form of an investment advertisement,
investment advice or investment information and has not been registered under any
securities law of any foreign jurisdiction and is only for the information of any
person in any jurisdiction where it may be lawful to offer such a service. Further,
no information on the Web Site is to be construed as a representation with respect
to shares, securities or other investments regarding the legality of an investment
therein under the respective applicable investment or similar laws or regulations
of any person or entity accessing the Web Site. VII.xvi General (a) Notwithstanding
anything contained in these Terms or in the Member-Constituent Agreement, Member
retains its right to: (i) In its sole discretion to alter, limit or discontinue
the Website or any Material/s in any respect. 5 Paisa shall have no obligation to
take the needs of any user into consideration in connection therewith. (ii) Deny
in its sole discretion any user access to this Website or any portion thereof without
notice. (b) No waiver by of any provision of this Agreement shall be binding except
as set forth in writing signed by its duly authorised representative.