The following should be read carefully and accepted prior to becoming a Constituent
for offline and online trading i.e. for trading availing the facilities and/or any
information, or any part thereof, as the case may be, as may be made available from
time to time on the Web-Site and/or entering into any securities dealings through
the CoimbatoreCapital Securities Limited whether by use of any of the facilities available on the
Web-Site, or by any other means whatsoever. Please read the following, which contains
important information concerning use of the Web Site. The use of the Web Site is
conditional upon and subject to, acceptance of and compliance with, the Terms. And
whereas for offline the Constituent can avail the facilities subject to acceptance
of and compliance with the terms contained herein.
I. PRELIMINARY I.i Ownership of the Web-Site (a) CoimbatoreCapital Securities Limited being a broker
registered with the Securities and Exchange Board of having obtained Certificate
of Registration No.INB010812536 thereby being entitled to effect
purchase and sale transactions of securities (hereinafter referred to as the "Securities
Dealings") offline and online
I.ii Registration for use of the Facilities and Services
(a) Any person visiting the Web Site may access 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 offline
trading by the Member in the manner as indicated on the Web-Site for online trading
and give exact code for offline 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.
II CONDITIONS OF USE OF THE SERVICES.
i Subject Matter of the Services The Services offered by the Member include the
sale and purchase of dematerialised 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]. II.
ii Order Entry
(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.
(e) 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 NSE whether received by way of purchases, rights, bonuses, stock splits,
off market transfers or otherwise.
(f) 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.
II.
iii Order Execution
(a) In the event that the order is placed during the trading hours of the 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 NSE.
(b) The Constituent agrees and appoints the Member as its agent to take all necessary
measures to complete the transactions and hereby authorises 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 may be.
(e) The Constituent acknowledges and accepts that the NSE may reject or cancel any
trade sue motto without ascribing any reasons therefore 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.
(f) 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.
(g) 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.
(h) The cancellations or modifications to orders placed are not guaranteed. Cancellation
of orders is possible only if the original order remains pending at the 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 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, shall
not remain valid for execution at any subsequent trading day at the BSE.
(i) The Constituent also accepts responsibility for knowing the trading and settlement
cycles of the BSE 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.
(j) 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. II.
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.
(c) 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 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. 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. II.
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 authorises 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 authorises the Member to dishonour
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/clearing house and pay out is received from the BSE/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. Consequently, the Constituent will be
responsible for any resulting losses and all associated costs including any penalty
levied by the BSE. II.
vi Margins
(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 offline and 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 subsequently.
(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. II.
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. II.
viii Charges
(a) The Constituent agrees to pay the brokerage charges, BSE 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 account.
(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. II.
ix Constituents Cash Credit and Securities Accounts
(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 balances.
(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 at Mumbai.
(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 NSE/BSE 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. II.
xi 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, if any. III.
ADDITIONAL CONDITIONS IN RELATION TO ELECTRONIC ORDERS III.
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 Constituent. III.
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.
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 CoimbatoreCapital Securities Limited 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 above. III.
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. III.
v Recording of Trading Password The Constituent shall memorize 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. III.
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.
III.
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.
III.
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.
IV. ADDITIONAL CONDITIONS IN RELATION TO ORAL ORDERS ON-LINE AND 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. V. MEMBER CONSTITUENT COMMUNICATIONS V.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.
V.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. V.
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.
VI. TERMINATION
(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.
VII. MISCELLANEOUS INFORMATION VII.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. CoimbatoreCapital Securities Limited 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. CoimbatoreCapital Securities Limited retains full and complete title and rights to all intellectual
property in Web Site.
(e) CoimbatoreCapital Securities Limited 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.
VII.ii Third Party Providers/Links The Web Site may contain links to other web sites
on the World Wide Web. CoimbatoreCapital Securities Limited is not responsible for their resources
or their content or the availability thereof. VII.iii Submissions
(a) The Visitor shall remain solely responsible for all submissions on and to the
Web Site. CoimbatoreCapital Securities Limited 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 CoimbatoreCapital Securities Limited
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, CoimbatoreCapital Securities Limited 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. CoimbatoreCapital Securities Limited 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, CoimbatoreCapital Securities Limited 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.
VII.iv 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.
VII.v Indemnity
(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'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.
VII.vi Member's Liability
(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 otherwise.
(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.
VII.vii 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.
VII.
viii 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 or otherwise. VII.
ix 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.
x 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
herein. VII.xi 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.
xii 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. VII.
xiii 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.
VII.
xiv Dispute Resolution
(a) The Member and the Constituent are aware of the provisions of the bye laws rules
and regulations of the BSE 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 VII.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. Bra nch 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. VII.
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. CoimbatoreCapital Securities Limited
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.
VII.xvii Other General Terms and Conditions.(a) The Constituent agrees to abide
by the CoimbatoreCapital Securities Limited Terms and Conditions and rules in force and changes
in Terms and Conditions from time to time relating to their account.
(b) The Constituent agrees that the CoimbatoreCapital Securities Limited will be at liberty to
close their account any time without assigning any reason whatsoever.
(c) The Constituent agrees that the CoimbatoreCapital Securities Limited can, at its sole discretion,
withdraw any of the services/facilities given in their account either wholly or
partially at any time without giving them any notice.
(d) The Constituent agrees that any change in their account status or change of
address will be immediately informed to the CoimbatoreCapital Securities Limited .
(e) The Constituent agrees that all instructions relating to their account will
be issued in writing satisfactory to the CoimbatoreCapital Securities Limited in form and content.
(f) The Constituent agrees that they shall not pay any amount in cash to any Sales
Representative of the CoimbatoreCapital Securities Limited at the time of opening an account or
carrying out any transaction in the normal course of the business.
(g) The Constituent agrees to accept the format provided by the CoimbatoreCapital Securities Limited
in order to execute their fax instructions to the CoimbatoreCapital Securities Limited .
(h) The Constituent agrees that the CoimbatoreCapital Securities Limited will send them communications/letters
etc. through courier / messenger/mail or through any other mode at its discretion
and the CoimbatoreCapital Securities Limited shall not be liable for any loss or delay arising
there from.
(i) The Constituent agrees that the Pass Words will be dispatched by courier (or
any other mode at the CoimbatoreCapital Securities Limited discretion) at their risk and consequence.
(j) The Constituent shall not hold the CoimbatoreCapital Securities Limited liable in any manner
what so ever in respect of such dispatch of these items.
(k) An account may be opened on behalf of a minor by his/her natural guardian or
by a guardian appointed by a court of Competent Jurisdiction. The guardian shall
represent the minor in all transactions of any description in the above account
until the said minor attains majority. Upon the minor attaining majority, the right
of the guardian to operate the account shall cease. The guardian agrees to indemnify
the CoimbatoreCapital Securities Limited against the claim of above minor for any withdrawal/transactions
made by him in the minor's account.
(l) The Constituent agrees and undertakes to ensure that there would be sufficient
funds/cleared balance/pre-arranged credit facilities in their account for effecting
transactions. The Constituent agrees that the CoimbatoreCapital Securities Limited shall not be
liable for any consequences arising out of non-compliance by the CoimbatoreCapital Securities
Limited of my instructions due to inadequacy of funds and the CoimbatoreCapital Securities Limited
can at its sole discretion decide to carry out the instructions notwithstanding
the inadequacy of funds. There CoimbatoreCapital Securities Limited may do the aforesaid without
prior approval from or notice to them and they shall be liable to repay with interest
the resulting advance, overdraft or credit thereby created and all related charges
arising thereby @ 24% compounded daily basis.
(m) The Constituent agrees that the CoimbatoreCapital Securities Limited shall not be liable for
any damages, losses (direct or indirect) whatsoever, due to disruption or non availability
of any of services/facility/s due to technical fault/error or any failure in telecommunication
network or any error in any software or hardware systems.
(n) The Constituent agrees that the CoimbatoreCapital Securities Limited may disclose customer
information, in strict confidence, to any of its agent/s and/or contractors with
whom the CoimbatoreCapital Securities Limited enters or has entered into any arrangement in connection
with providing of services. VII.
xviii Accounts The Constituent agrees to repay to the CoimbatoreCapital Securities Limited on demand,
unconditionally, the amounts of overdrafts or excesses against margin deposit that
the CoimbatoreCapital Securities Limited may grant it/he/her from time to time, together with interest
accrued thereon. The Constituent agrees that this does not imply that the CoimbatoreCapital Securities
Limited is bound to grant them any credit or other facility whatsoever. VIII.
ii Internet Internet refers to the network of computers / mobile phones / other
electronic devices which share and exchange information. The Internet is at once
a worldwide broadcasting capability, mechanism for information dissemination, and
a medium for collaboration and interaction between individuals and their computers
/ mobile phones / other electronic devices capable of accessing the Internet without
regard for geographic location. VIII.
iv Customer Customer refers to any person who has a CoimbatoreCapital Securities Limited Account
and who has been authorised by the CoimbatoreCapital Securities Limited to avail of the said facility.
VIII.
v Account refers to the Customer's Savings and/or Current Account to which access
is to be obtained through Electronic Payment Gateway for Netbanking. VIII.
vi Personal Information Personal Information refers to the information about the
Customer obtained in connection with Electronic Payment Gateway for Netbanking or
otherwise.
XVIII. GENERAL The clause headings in this agreement are only for convenience and
do not effect the meaning of the relative clause. The Constituent shall not assign
this agreement to anybody else. The CoimbatoreCapital Securities Limited may subcontract and employ
agents to carry out any of its obligations under this contract. I do hereby solemnly
affirm and declare as under:
1. That the above-mentioned authorised person/members of my family are regularly
trading/investing through you on BSE Ltd. (BSE) and/or any stock exchange(s). For
all purposes of operations of my account with you, the above accounts shall be termed
as Group Account.
2. That I hereby authorise you to sell shares standing in my account and to transfer
the proceeds of the sale of such shares to the above mentioned accounts to set off
all outstanding debit amounts in their respective accounts.
3. That I hereby authorise you to set off all outstanding debit amounts in the above
mentioned accounts maintained by you in any segment of any stock exchange(s), against
the amount standing to the credit of Constituent's/Family/Group account maintained
by you in respect of any segment of any stock exchange(s).
4. That I have given the above authority to CoimbatoreCapital Securities Limited with my free consent
and without any pressure, threat or coercion from any corner whatsoever.
5. That in future I shall not make any claim from CoimbatoreCapital Securities Limited in any manner
whatsoever of any amount adjusted from the credit in my account to set off the outstanding
debit amounts in the above-mentioned accounts and I further state that if anybody
on my behalf claims the above said adjusted amount, the said act shall be null and
void and shall be ineffective from all corners.
6. That this is my true irrevocable statement and shall remain binding on me.
7. That I hereby undertake to intimate you from time to time of any additions of
the Constituents to the said Group Account for the purpose of either allowing them
to trade on my behalf or for the purpose adjustment of balance inter se.
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