:: CD EQUISEARCH ::

Terms of use of http://www.cdequi.com for online trading and offline trading through any of the terminals of CD Equisearch (P) Limited

The Agreements hereinafter produced contains the terms and conditions of your use of the services of CD Equisearch (P) Limited through National Stock Exchange of India Limited and/or Bombay Stock Exchange Limited as applicable. Your use of the services constitutes your unconditional acceptance of these agreements. It is important to note that we reserve the right to change/update the agreements at any time without notice to you. You are responsible for regularly reviewing these Agreements posted on our website, http://www.cdequi.com . Your continued use of the services after the changes constitutes your unconditional acceptance of the updated Agreements.

MEMBER and Client AGREEMENT – NSE

This agreement is made and executed at .... this .... day of ......, 20.. by and between M/s CD Equisearch (P) Limited, a private limited company duly formed and registered under the Companies Act, 1956, being a member of the National Stock Exchange of India Limited (the Exchange / NSE) and having its registered office at 37, Shakespeare Sarani, 1^st Floor, Kolkata 700017 (hereinafter called the "MEMBER") of ONE PART and Mr./Ms/M/s_______________________________________, an individual/a sole proprietary concern/a partnership firm/a body corporate, registered/incorporated, under the relevant Act having his/her/its residence/registered office at________________________________(hereinafter called the "CLIENT") which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include his/her heirs, executors, administrators and legal representatives/the partners for the time being of the said firm, the survivor or survivors of them and their respective heirs, executors, administrators and legal representatives/its successors, as the case may be, of the Other Part;

Whereas the MEMBER is registered as trading Member of the Cash market Segment and Derivative Market Segment of NSE having SEBI registration number INB230781137 and INF230781137 respectively.

Whereas the client is desirous of investing/trading in those securities/contracts/other instruments admitted to dealings on the Exchange as defined in the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder from time to time.

Whereas the client has satisfied itself of the capacity of the MEMBER to deal in securities and/or deal in derivatives contracts and wishes to execute its orders through the MEMBER and the client shall from time to time continue to satisfy itself of such capability of the MEMBER before executing orders through the MEMBER.

Whereas the MEMBER has satisfied and shall continuously satisfy itself about the genuineness and financial soundness of the client and investment objectives relevant to the services to be provided; and

Whereas the MEMBER has taken steps and shall take steps to make the client aware of the precise nature of the MEMBER’s liability for business to be conducted, including any limitations, the liability and the capacity in which the MEMBER acts.

Whereas the MEMBER and the CLIENT agree to be bound by all the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder and Rules and Regulations of SEBI and relevant notifications of Government authorities as may be in force from time to time.

Whereas the client is informed and satisfied that the Member also does proprietary trading occasionally.

Now, therefore, in consideration of the mutual understanding as set forth in this agreement, the parties thereto have agreed to the following terms and conditions:

The CLIENT agrees to immediately notify the MEMBER in writing if there is any change in the information in the ‘client registration form’ provided by the CLIENT to the MEMBER at the time of opening of the account or at any time thereafter.
The MEMBER declares that it has brought the contents of the risk disclosure document to the notice of CLIENT and made him aware of the significance of the said document. The CLIENT agrees that:

a.He has read and understood the risks involved in trading on a stock exchange.

b.He shall be wholly responsible for all his investment decisions and trades.

c.The failure of the client to understand the risk involved shall not render a contract as void or voidable and the CLIENT shall be and shall continue to be responsible for all the risks and consequences for entering into trades in the segments in which the CLIENT chose to trade.

d.He is liable to pay applicable initial margins, withholding margins, special margins or such other margins as are considered necessary by the MEMBER or the Exchange or as may be directed by SEBI from time to time as applicable to the segment(s) in which the CLIENT trades. The MEMBER is permitted in its sole and absolute discretion to collect additional margins (even though not required by the Exchange, Clearing House/Clearing Corporation or SEBI) and the CLIENT shall be obliged to pay such margins within the stipulated time.

e.Payment of margins by the CLIENT does not necessarily imply complete satisfaction of all dues. In spite of consistently having paid margins, the CLIENT may, on the closing of its trade, be obliged to pay (or entitled to receive) such further sums as the contract may dictate/require.
The CLIENT agrees to pay to the MEMBER brokerage and statutory levies as are prevailing from time to time and as they apply to the Client’s account, transactions and to the services that MEMBER renders to the CLIENT. The MEMBER agrees that it shall not charge brokerage more than the maximum brokerage permissible as per the rules, regulations and bye-laws of the relevant stock exchange/SEBI.
The CLIENT agrees to abide by the exposure limits, if any, set by the MEMBER or by the Exchange or Clearing Corporation or SEBI from time to time.
Without prejudice to the MEMBER’s other rights (including the right to refer a matter to arbitration), the MEMBER shall be entitled to liquidate/close out all or any of the client’s positions for non-payment of margins or other amounts, outstanding debts, etc. and adjust the proceeds of such liquidation/close out, if any, against the CLIENT’s liabilities/obligations. Any and all losses and financial charges on account of such liquidation/closing-out shall be charged to and borne by the CLIENT.
The MEMBER agrees that the money/securities deposited by the CLIENT shall be kept in a separate account, distinct from his/her/its own account or account of any other CLIENT and shall not be used by the MEMBER for himself/herself/itself or for any other CLIENT or for any purpose other than the purposes mentioned in SEBI Rules and Regulations circulars/ guidelines/Exchanges Rules/Regulations/Bye-laws and circulars.
The client agrees to immediately furnish information to the MEMBER in writing, if any winding up petition or insolvency petition has been filed or any winding up or insolvency order or decree or award is passed against him or if any litigation which may have material bearing on his capacity has been filed against him.
The MEMBER agrees to inform the client and keep him apprised about trading/settlement cycles, delivery/payment schedules, any changes therein from time to time, and it shall be the responsibility in turn of the client to comply with such schedules/procedures of the relevant stock exchange.
In the event of death or insolvency of the client or his/its otherwise becoming incapable of receiving and paying for or delivering or transferring securities which the client has ordered to be bought or sold, MEMBER may close out the transaction of the client and claim losses, if any, against the estate of the client. The client or his successors, heirs and assigns shall be entitled to any surplus which may result therefrom.
The MEMBER agrees that it shall co-operate in redressing grievances of the client in respect of transactions routed through it and in removing objections for bad delivery of shares, rectification of bad delivery, etc. in respect of shares and securities delivered/to be delivered or received/to be received by the client.
The MEMBER shall continue to be responsible for replacing bad deliveries of the client in accordance with applicable "Good and bad delivery norms" even after termination of the agreement and shall be entitled to recover any loss incurred by him in such connection from the client.
The MEMBER shall ensure due protection to the client regarding client’s rights to dividends, rights or bonus shares, etc. in respect of transactions routed through it and it shall not do anything which is likely to harm the interest of the client with whom and for whom it may have had transactions in securities.
The client and the MEMBER agree to refer any claims and/or disputes to arbitration as per the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder as may be in force from time to time.
The MEMBER hereby agrees that he shall ensure faster settlement of any arbitration proceedings arising out of the transactions entered into between him and the client and that he shall be liable to implement the arbitration awards made in such proceedings.
Information about default in payment/delivery and related aspects by a client shall be brought to the notice of the relevant Stock Exchange(s). In case where defaulting client is a corporate entity/partnership/proprietary firm or any other artificial legal entity, then the name(s) of director(s) / promoter(s) / partner(s) / proprietor as the case may be, shall also be communicated to the relevant stock exchange(s).
The MEMBER and the client agree to reconcile their accounts at the end of each quarter with reference to all the settlements where payouts have been declared during the quarter.
The MEMBER and the client agree to abide by any award passed by the Ombudsman under the SEBI (Ombudsman) Regulations, 2003.
The MEMBER and the client declare and agree that the transactions executed on the Exchange are subject to Rules, Bye-laws and Regulations and circulars issued thereunder of the Exchange and all parties to such trade shall have submitted to the jurisdiction of such court as may be specified by the Bye-laws and Regulations of the Exchange for the purpose of giving effect to the provisions of the Rules, Bye-laws and Regulations of the Exchange and the circulars issued thereunder.
The instructions issued by an authorized representative, if any, of the client shall be binding on the client in accordance with the letter authorizing the said representative to deal on behalf of the said client.
Where the Exchange cancels trade(s) suo moto all such trades including the trade/s done on behalf of the client shall ipso facto stand cancelled.
This agreement shall forthwith terminate; if the MEMBER for any reason ceases to be a member of the stock exchange including cessation of membership by reason of the MEMBER’s default, death, resignation or expulsion or if the certificate issued by the Board is cancelled.
The MEMBER and the client shall be entitled to terminate this agreement without giving any reasons to the other party, after giving notice in writing of not less than one month to the other parties. Notwithstanding any such termination, all rights, liabilities and obligations of the parties arising out of or in respect of transactions entered into prior to the termination of this agreement shall continue to subsist and vest in/be binding on the respective parties or his/its respective heirs, executors, administrators, legal representatives or successors, as the case may be.
In addition to the specific rights set out in this Agreement, the MEMBER and the client shall be entitled to exercise any other rights which the MEMBER or the client may have under the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder or Rules and Regulations of SEBI.
Words and expressions which are used in this Agreement, but which are not defined herein shall, unless the context otherwise requires, have the same meaning as assigned thereto in the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder.
The provisions of this agreement shall always be subject to Government notifications, any rules, regulations, guidelines and circulars issued by SEBI and Rules, Regulations and Bye-laws of the relevant stock exchange that may be in force from time to time.
The MEMBER hereby undertakes to maintain the details of the client as mentioned in the client registration form or any other information pertaining to the client in confidence and that it shall not disclose the same to any person/authority except as required under any law/regulatory requirements: Provided however, that the MEMBER may so disclose information about his client to any person or authority with the express permission of the client.

This agreement can be altered, amended and/or modified by the parties mutually in writing without derogating from the contents of this Agreement: Provided however, if the rights and obligations of the parties hereto are altered by virtue of change in Rules and Regulations of SEBI or Bye-laws, Rules and Regulations of the relevant Stock Exchange, such changes shall be deemed to have been incorporated herein in modification of the rights and obligations of the parties mentioned in this agreement.
Compliance with law: In case where the CLIENT is a Non resident Indian, he agrees to abide by Foreign Exchange Management Act and rules and regulations issued there under from time to time.

The CLIENT hereby authorizes the MEMBER to take all such steps on the CLIENT’s behalf as may be required or advisable in the MEMBER’s opinion for compliance with the Exchange provisions or any other law or provisions or to complete or settle any transactions entered into through or with the MEMBER or executed by the MEMBER on behalf of the CLIENT, however, nothing contained herein shall oblige the MEMBER to take such steps.
Participation: The CLIENT shall ensure that he / it is eligible to enter into this agreement. The CLIENT having agreed to enter into this agreement shall be deemed to have satisfied himself/itself with regard to eligibility in this respect.
Acting as a sub-broker: The CLIENT agrees that he will not act as a Sub- Broker without prior written permission of the MEMBER and without obtaining certificate of registration from SEBI.
Disclaimer: The Client agrees that all investments and disinvestment decisions are based on the CLIENTS’S own evaluation of financial circumstances and investment objectives. This extends to any decision made by the CLIENT on the basis of any information that may be made available by the MEMBER through its website or through any other media. The CLIENT will neither hold, nor seek to hold the MEMBER or any of its officers, directors, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses, costs or damage incurred by the CLIENT consequent upon relying on investment information, research opinion or advice or any other material/information provided by the MEMBER. The CLIENT is aware that any information provided by the MEMBER through any medium based on the research of the MEMBER or other external sources is subject to normal variations in the stock market and is merely an estimation of the availability or otherwise of certain investments, and the MEMBER shall not be deemed to have assumed responsibility for any such information. The CLIENT should seek independent professional advice regarding the suitability of any investments decision.
Dematerialised Securities: All orders made by the CLIENT shall only be in securities compulsorly traded in the dematerialized form. All deliveries of securities made by or to the CLIENT shall only be in the dematerialized form.
Transaction Order System: The CLIENT shall transmit his/its orders to the MEMBER through telephone or in such other manner as the MEMBER may permit.
Authorised Person: In the event of authorized representative being replaced it shall be the responsibility of the CLIENT to inform the MEMBER of the change, in writing, failing which the CLIENT shall be responsible for the trade obligations arising out of the actions of both the old representative as well as the new representative.

If any transaction(s) under this agreement or under any other agreement or otherwise with the MEMBER, has / have been executed on behalf of the CLIENT by any other person, not mentioned above and the same has / have been accepted by CLIENT from time to time on the basis of the contract note(s) / bills / any other correspondence dispatched / communicated to the CLIENT by the MEMBER and / or by part or full settlement of the transaction(s) by the CLIENT, then such transaction(s) shall be deemed to be executed by the person authorized by the CLIENT and the CLIENT hereby agrees to ratify and accept all such or other actions of such persons and undertakes to meet all obligations arising from these transaction(s).
Abnormal Trades: The CLIENT under no circumstances shall indulge in abnormal / synchronized trades, which may affect the market price of any security.
Margins: The CLIENT shall make the prescribed initial margin in the form of cash and / or in the form of securities (the "Margin") with the MEMBER simultaneously with the opening of the account and prior to commencement of trading. The CLIENT shall be permitted to trade up to a pre-determined number of times of the margin (the "Multiple") and the quantum of the Multiple on the margin shall be decided at sole option or discretion of the MEMBER who shall have the irrevocable right to set off a part or whole of the Margin i.e. by way of appropriation of the relevant amount of cash or by sale or transfer of all or some of the securities which form part of the margin, against any dues of the CLIENT or of a member of the FAMILY of the CLIENT (for the purposes of these presents, "FAMILY" shall mean all the individuals, group companies, firm, entities and other persons as notified to the MEMBER) in the event of the failure of the CLIENT or a member of the FAMILY of the CLIENT to meet any of their respective obligations under these Terms.

Any reference in these terms to sale or transfer of securities by the MEMBER shall be deemed to include sale of securities which form part of the Margin maintained by the CLIENT with the MEMBER. In exercise of the MEMBER’s right to sell securities under the Agreement, the CLIENT agrees that the choice of specific securities to be sold shall be solely at the MEMBER’s discretion.

Margin on purchase: The MEMBER may require the Client to deposit interest free margin of such percentages as may be intimated by the MEMBER from time to time on the price of the securities proposed to be purchased.

Margins on Sales: The MEMBER may require the CLIENT to deposit interest free margin of such percentages as may be intimated by the MEMBER from time to time on the price of securities proposed to be sold.

Margins in Derivatives Contracts: In the derivative segment, the CLIENT is liable to pay an initial margin up-front on or before creating a position. Such margin shall be decided upon by the MEMBER or the Exchange from time to time. Furthermore, the CLIENT is liable to pay (or receive) daily margins depending on whether the price of the Derivatives contract moves for or against the position undertaken. The CLIENT may also be liable to pay withholding margins, special margins, or such other margins as are considered necessary by the MEMBER or the Exchange from time to time.

Mark To Market Margin in Derivative Contracts: For derivatives contracts, if at any time, the Mark to Market (MTM) margin falls short of the margin available in the CLIENT’s account, the CLIENT agrees to heed the MEMBER’s additional margin calls. The CLIENT will ensure that margins are adequate at all times and will immediately make good any shortfall that the MEMBER may communicate.

Payment through Cheque/Demand Drafts: In case where the payment by the CLIENT towards the margin is made through a cheque issued in favour of the MEMBER, any trades(s) would be executed by the MEMBER only upon the realization of the funds of the said cheque or at the discretion of the MEMBER. The CLIENT agrees to mention his CLIENT code along with his name on the reverse of any instrument through which he makes the payment to the MEMBER.

Margin in form of Securities: The Client may place margin with the MEMBER in form of securities as approved by the MEMBER. Such securities may at the discretion of the MEMBER be marked as lien in favour of the MEMBER from the depository account of the CLIENT or such securities may be placed in a separate depository account of the MEMBER. The MEMBER may, at its own discretion, treat the securities lying in the depository account of the CLIENT, as margin, where the CLIENT has issued a Power of Attorney in favour of the MEMBER, for operating the said depository account.

The Client may place / deposit only those securities, which are acceptable to the MEMBER. If at any time, a particular security ceases to be on the list of approved securities, the CLIENT shall provide such other margins as may be required in place of such security.

The CLIENT agrees and authorizes the MEMBER to determine the market value of securities placed as Margin after applying a haircut that the MEMBER deems appropriate. The CLIENT’s positions are valued at the latest market price available (‘marked to market’) on a continuous basis by the MEMBER. The CLIENT undertakes to monitor the adequacy of the collateral and the market value of such securities on a continuous basis. If due to price fluctuations, there is erosion in the value of the margins, the CLIENT agrees to replenish any shortfall in the value of the Margins immediately, whether or not the MEMBER intimates such shortfall.

Type of Margin: The MEMBER may at its sole discretion prescribe the payment of Margin in the form of cash instead of securities. The CLIENT accepts to comply with the MEMBER’s requirement of payment of Margin in the form of cash immediately failing which the MEMBER may sell, dispose, transfer or deal in any other manner the securities already placed with it as Margin or square off all or some of the positions of the CLIENT as it deems fit in its discretion without further reference to the CLIENT and any resultant or associated losses that may occur due to such square off/sale shall be borne by the CLIENT, and the MEMBER is hereby fully indemnified and held harmless by the CLIENT in this behalf.

Margins with Banks / Institutions: The CLIENT agrees that any securities placed by him/her/it as Margin may in turn be placed as margin by the MEMBER with the Exchanges or Banks or such other institutions as the MEMBER may deem fit. The CLIENT authorizes the MEMBER to do all such acts, deeds and things as may be necessary and expedient for placing such securities with the Exchanges/Banks/institutions as margin.

Shortfall in margins and other provision: If payment/securities towards the Margin or shortfall in Margin is not received instantaneously to enable restoration of sufficient Margin in the CLIENTS’s account, all or some of the positions of the CLIENT as well as the securities of the CLIENT in the possession or control of the MEMBER may be liquidated by the MEMBER at its sole discretion, without any reference or prior notice to the CLIENT. The resultant or associated losses that may occur due to such squaring off or sale of such securities shall be borne by the CLIENT, and the MEMBER is hereby fully indemnified and held harmless by the CLIENT in this behalf. Such liquidation or close out of positions shall apply to any segment in which the CLIENT does business with the MEMBER.

The CLIENT is responsible for all orders, including any orders that may be executed without the required Margin in the CLIENT’s account. If the CLIENT’s order is executed despite a shortfall in the available Margin, the CLIENT shall, whether or not the MEMBER intimates such shortfall in Margin to the CLIENT, instantaneously make up the shortfall either through delivery of shares in the event of a sale, or credit the required funds in the Bank account via wire transfer or personal cheque, or money order or account transfer or any other mode as may be required by the MEMBER.

Any reference in these terms to sale or transfer of securities by the MEMBER shall be deemed to include sale of the securities, which form part of the Margin and / or such securities of the CLIENT which are in possession or control of the MEMBER, maintained by the CLIENT with the MEMBER. In exercise of the MEMBER’s right to sell securities under the Agreement, the CLIENT agrees that the choice of specific securities to be sold shall be solely at the MEMBER’s discretion.

Amendments in margin: Any amendment in the percentage of margins as required to be maintained under this agreement, shall be intimated by the MEMBER to the CLIENT over the telephone or in writing or by posting the details in its website. The CLIENT is required to make or replenish the shortfall in such margins, if any, on demand of the same by the MEMBER or otherwise immediately.
Price of securities: The CLIENT understands that with respect to any order, the CLIENT will obtain the price at which the order was actually executed in the market, which may be different from the price at which the security was trading when the CLIENT’s order was entered into the MEMBER’s system.
Mistaken Order: The MEMBER shall not be responsible for any order that is made by the CLIENT by mistake.
Pay in / payout of securities / funds: The CLIENT agrees that the MEMBER shall not be obliged to deliver any securities or pay any money to the CLIENT unless and until the same has been received by the MEMBER from the Exchange, the Clearing Corporation / House or the concerned Mutual Fund or other company or entity liable to make the payment. Unless the MEMBER otherwise determines, and subject to the MEMBER’s rights to set off and other rights as mentioned in this agreement, the securities to be delivered by the MEMBER to the CLIENT pursuant to the CLIENT’s purchase transactions shall be credited to the designated depository account of the CLIENT and the sale proceeds to be paid by the MEMBER to the CLIENT shall be deposited to the designated Bank account of the CLIENT.

At all times, the CLIENT agrees to make the payment of funds only in the name the MEMBER vide a account payee cheque / demand draft drawn on a Scheduled Commercial Bank, with details of the CLIENT code and the mane of the CLIENT mentioned on the reverse of the instrument.

At all times, the CLIENT agrees to transfer the securities only to the designated depository account of the MEMBER.

At all times, the Client agrees that he/it shall make payment of fund or delivery of securities only from his/its own bank account / demat account and not from any third party bank account or demat account. In case, any third party delivery or third party payment is observed by the MEMBER, after the pay-in, the same shall be treated seriously and pay out of fund may be withheld by the MEMBER.

The CLIENT agrees that the MEMBER shall not be responsible for any loss, damages in respect of any funds / securities which are deposited / transferred to any account other than that of the MEMBER’s designated account under this Agreement.
Close Out:

a. In case of Purchases: Notwithstanding the margin position in case of purchase on behalf of CLIENT, the CLIENT authorizes the MEMBER to close out the transactions by selling the securities, in case the CLIENT fails to make full payment to the MEMBER for the execution of the contract within two days of trade execution before pay-in-day (as fixed by stock exchange for the concerned settlement period), whichever is earlier, unless the CLIENT already has an equivalent credit with the MEMBER. The loss incurred in this regard, if any, will be met from the margin money of the CLIENT. The CLIENT agrees to make good the shortfall, if any, immediately on being intimated of the shortfall by the MEMBER.

b. In case of Sale: Notwithstanding the margin position in case of sales on behalf of CLIENT, the CLIENT authorizes the MEMBER to close out the contract by effecting purchases if the CLIENT fails to deliver the securities sold with valid transfer documents within two days of the trade execution or before delivery day (as fixed by stock exchange authorities for concerned settlement period), whichever is earlier. Loss on transaction, if any, will be deductible from the margin money of the CLIENT. The CLIENT agrees to make good the shortfall, if any, immediately on of being intimated of the shortfall by the MEMBER.
Warranties of clients:

i) The CLIENT hereby represents and warrants that the terms and conditions of this Agreement have been clearly understood and that the information furnished to the MEMBER is accurate and truthful.

ii) The CLIENT confirms that he/she is of legal age and he/she/it has obtained the necessary approvals from the relevant regulatory/legal and compliance authorities to avail the services provided pursuant to the Terms of this Agreement.

iii) The MEMBER may appoint agents for carrying out the acts mentioned in or in relation to this Agreement. The CLIENT consents to sharing of his / its account related information to the authorized agents appointed by the MEMBER.
Indemnity:

i) Though orders are generally routed to the marketplace immediately after the time the order is placed by the CLIENT on the system there may be a delay in the execution of the order due to any link/system failure at the CLIENT/MEMBER/Exchange’s end. The CLIENT 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 link 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 CLIENT from contacting the phone broking services of the MEMBER or entering the MEMBER’s system or from executing an order or in respect of other conditions.

ii) The CLIENT 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 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, any shutting down by the MEMBER of his/her/its system for any reason or the MEMBER disabling the CLIENT from trading on its system for any reason whatsoever.
Assignment: Either party to this Agreement shall not assign or transfer all or any of its rights or obligations hereunder without the prior consent of the other party.
Severability: In case anyone or more of the provisions contained in this Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereto.
Further Assurances: In connection with this Agreement, as well as all transactions contemplated by this Agreement as offered by the MEMBER from time to time. Each party agrees to execute and deliver such additional documents and to perform such additional actions as may be necessary, appropriate or reasonably requested to carry out or evidence the transactions in respect of the services availed by the CLIENT from time to time.
Dispute Resolution: The MEMBER and the CLIENT are aware of the provisions of the bye laws rules and regulations of the Exchange 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 in so far as any disputes under these Terms relate to transactions that are to be carried out on the Exchanges.
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 Member’s website 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 MEMBER’s website.
Proprietary Trading: The MEMBER discloses herewith that it undertakes Proprietary trading in addition to CLIENT based trading.
The CLIENT confirms having read and understood the terms and conditions of the MEMBER CLIENT agreement and those relating to various services and products and accepts and agrees to be bound by the terms and conditions including those excluding/limiting the MEMBER’s and Exchanges’ liabilities.
Research / Trading Recommendation: The CLIENT understands that the MEMBER produces fundamental and trading research/ notes/ trading calls / technical calls, particularly on companies, industry, stock markets, commodity markets and economy from time to time (collectively hereinafter referred to as "material") through email or by access to the website of MEMBER or through SMS or any other mode on a voluntary basis.

By agreeing to receive such material, CLIENT understands that this material provided is only for his/its personal information and CLIENT undertakes that the same shall not be reproduced or redistributed to any other person. CLIENT understands that his material is not an offer or the solicitation of an offer to buy any security. By sending this material on CLIENT’s request, MEMBER or any of its officers, directors, personnel and employees shall not be liable for any loss, damage of any nature, including but not limited to direct, indirect, punitive, special, exemplary, consequential, as also any loss of profit in any way arising from the use of this material in any manner. CLIENT understands that the investments discussed in this material may not be suitable for all investors. CLIENT shall, therefore, before dealing and/or transacting in any of the products referred to in this material, make its own investigation, seek appropriate professional advice. CLIENT alone shall be fully responsible / liable for his/its investments / disinvestments on the basis of this material.

CLIENT also agrees that MEMBER may discontinue providing such material and that it would have no responsibility to update any information provided to CLIENT nor does it represent that the information provided in the material is complete. Further by providing such material MEMBER is not acting as CLIENT’s portfolio or financial adviser nor does it assumes any fiduciary duties.

Voluntary clauses related to special facilities provided by the MEMBER to its CLIENTS, which needs specific clause-wise consent if opted for by the CLIENT:

Stock broker Client Communication:

Form of Communication: All notices or communications issued under this agreement shall be served in anyone or more or all of the following ways and such notiec or communication under (a) to (i) below shall be served at the ordinary business address and/or ordinary place of residence and/or last known address of the client in anyone or more of the following ways :-

a) by post, b) by registered post, c) under certificate of posting, d) by express delivery post, e) by telegram, f) by affixing it on the door at the last known business or residential address, g) by oral communications to the party or on the last known telephone number or on the recording machine of such number, h) by sending a message through trading system, i) by a notice posted on the notice board of the Exchange if no address be known, j) by electronic mail or fax, or k) by hand delivery,

I) The Stock Broker may also publish notice of general nature on its website http://www.cdequi.com . Such notice shall be deemed to have been properly delivered.

ii) Any communication sent by the stock broker to the client shall be deemed to have been properly delivered or served, even if such communication is returned to the stock broker as unclaimed/refused/undelivered, if the same is sent to the ordinary business address and/or ordinary place of residence and/or last known address of the party, in anyone or more of the ways as mentioned in clause (i) above.
iii) Digitally signed documents:
The client may be provided with a verified software utility to view the contract notes and other documents received bye-mail.
The viewing documents without software utility is not valid. Any printouts of the contract note and the other documents which have been opened without verifier software utility are also not legally valid documents.

It shall be the duty of the client to check his/her list e-mail account and view the contract note and other documents sent to him/her/it. E-mail document shall be treated as delivered to the client if they leave the e-mail server. There is no need of confirmation from the client acknowledging receipt of contract note and other documents sent to him/her/it bye-mail. All information contained therein shall be binding on the client, if the client does not object either in writing or via electronic mail within 24 hours after such a document is sent to the client. However, the Stock Broker reserves the right in its absolute discretion to determine the validity of client's objection even though such objection is received after 24 hours.

The client shall be required to intimate the stockbroker in case of non-receipt of documents by email within the stipulated time period. Delay in delivery of e-mail send by the stock broker due to network and internet related problems, which are beyond the control of the stock broker is possible and the client shall construe such delay as normal.
The client shall be required to intimate immediately to the stockbroker in case of any change of e-mail address.
Non delivery of the documents bye-mail due to wrong or invalid 10 given by the client and any other problems related to network and due to any problem in the e-mail received at the end of client shall not be the responsibility of the stock broker.
INTERNET TRADING:

WHEREAS the client is desirous of investing / trading in those securities admitted for dealing on the Exchange as defined by the Bye-laws of the Exchange and have been made available for investing /trading through the Member’s Internet Trading Services.

WHEREAS the Member proposes to offer Internet Trading Services to its clients, and the Client desires to avail of the Member’s Internet Trading Services for purchasing , selling or otherwise dealing in securities admitted for dealing on the Exchange as defined in the Bye-Laws of the Exchange.

General
1. The instructions issued by an authorized representative of the client shall be binding on the client in accordance with the letter authorizing the said representative to deal on behalf of the client.
2. The CLIENT is aware that authentication technologies and strict security measures are required for the internet trading through order routed system and undertakes to ensure that the password of the CLIENT and/or his authorised representative are not revealed to any third party.
3. The CLIENT agrees that the MEMBER shall not be liable or responsible for non-execution of the orders of the CLIENT due to any link/system failure at the CLIENT/ MEMBERS/EXCHANGE end.
4. The Stock Exchange may cancel a trade suo-moto without giving any reason thereof. In the event of such cancellation, MEMBER shall be entitled to cancel relative contract(s) with CLIENT.
5. The MEMBER shall also send the Order/Trade confirmation slip through E-mail to the CLIENT at his request, within ____ (time period as specified by the Client) from the time of execution of order/trade, as the case may be. The CLIENT agrees that the information sent by MEMBER by E-mail is deemed to be a valid delivery of such information by the MEMBER.
6. The CLIENT is aware that the MEMBER has provided on the web site a facility for reconfirmation of orders, which are larger than that specified by the MEMBER's risk management, by the MEMBER and is also aware that the MEMBER has the discretion to reject the execution of such orders based on his risk perception.
7. 7.The Member and the Client are aware of the provisions of Bye-Laws, Rules and regulations of the Exchange relating to resolution of disputes/differences through the mechanism of arbitration provided by the Exchange and agree to abide by the said provisions.
8. All trades, transactions and contracts are subject to the Bye-Laws, Rules and Regulations of the Exchange and shall be deemed to be and shall take effect as wholly made, entered into and to be performed in the city of Mumbai and the parties to such trade shall be deemed to have submitted to the jurisdiction of the Courts in Mumbai for the purpose of giving effect to the provisions of the Rules and Regulations of the Exchange.
9. The client shall not use the guest e-mail facility to send the Member time-sensitive instructions or to give personal credit information or an address change. The Member shall not be liable for any actions taken or any omissions to act as a result of any such e-mail message, the Client sent to the Member.
10. The Client understands that the Member may at any time, at its sole discretion and without prior notice to the Client, prohibit or restrict the Client’s access to the use of the web site or related Services and the Client’s ability to trade. The Client will bear any loss that he/she/it may be faced with, due to inability to execute further trades on account of such restriction
11. It is explicitly stated herein that the Offer Documents/other schemes offered by the Member have not been recommended by the Member.
User Name and Password
1. The Client will be entitled to a username and password which will enable him to access the Member's ITORS System for availing of the Internet Based Trading Service.
2. The Client is aware that the Member's ITORS System itself generates the initial passwords and that the Member is aware of the same. The Client agrees and undertakes to immediately change his initial passwords upon receipt thereof. The Client is aware that subsequent passwords are not known or available to the Member.
3. The Client understands and agrees that he/she/it must keep the password totally confidential and not reveal the password to any third party.
4. The client shall choose a password that shall consist of a mix of alphabets, numbers and special characters, which must not relate to any readily accessible personal data such as his/her/its name, address, telephone number, driving license etc. or easily guessable combination of letters and number. The Client must commit the password to memory and not record them in a written or electronic form.
5. The Client agrees that he will change his password every fortnightly.
6. The Client shall be responsible for all orders entered and transactions done by any person whosoever through the Member's ITORS System using the Client's Username and/or Passwords whether or not such person was authorized to do so.
7. The Client acknowledges that he is fully aware of and understands the risks associated with availing of a service for routing orders over the internet including the risk of misuse and unauthorized use of his Username and/or Passwords by a third party and the risk of a person hacking into the Client's Account on the Member's ITORS System and unauthorizedly routing orders on behalf of the Client through Internet Based Trading Service of the member. The Clients agrees that he shall be fully liable and responsible for any and all unauthorized use and misuse of his Password and/or Username and also for any and all acts by any person through the Member's ITORS System in any manner whatsoever.
8. The Client shall log off from the ITORS Service at any time the Client is not accessing or using the Service and any liability incurred to the Client as a consequence of the Client not logging off properly shall be borne solely by the Client. The client further agrees that he/she/it shall not let any unauthorized person have access to their computer or leave the computer unattended while accessing Electronic Payment Gateway for Net banking.
9. The Client shall immediately notify the Member in writing with full detail if he discovers or suspects unauthorized access through his Username, Passwords.
10. The client shall notify the Member in writing if he forgets his password. Thereupon the member shall generate a new password for the Client, which- shall be communicated to the C1ient. In case the Client forgets the password for their account in the Member, he/she/it can request for change of the password. Such replacement shall not be construed/deemed as the commencement of a new contract.
Transactions and settlement
1. The Member may from time to time impose and vary limits on the orders, which the client can place through the Member's ITORS System including exposure limits, turnover limits, limits as to the number, value and/or kind of securities in respect of which orders can be placed, the companies in respect of whose securities orders can be placed. The Client is aware and agrees that the Member may need to vary or reduce the limits for the purpose of risk management and other factors considered relevant by the Member, and the Member may be unable to inform the Client of such variation, reduction or imposition in advance. The Client agrees that the Stock broker shall not be responsible for such variation, reduction or imposition or the Client's inability to route any order through the Member’s ITORS System on account of any such variation, reduction or imposition of limits. The Client understands and agrees that the Member may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client's ability to place orders or trade in securities through the Member.
2. The Client hereby agrees to execute all orders at around market prices. The Client agrees to ensure that there will be no attempt at price distortion and price rigging made through any means.
3. The Client authorizes the Member to square up all his intra day outstanding positions 20 minutes before closing time of the normal market. Any profit or loss arising out of square off shall be at the risk of and borne by the Client.
4. The Member at his discretion, may execute trades on behalf of the Client at the request of the Client, in case of system failure at the Client’s end. Any profit or loss arising out of such trades shall be at the risk of and borne by the Client.
5. The Client acknowledges and agrees that the Client shall be solely responsible for all orders communicated through the Internet Service, and neither the Member nor any of the Member’s directors, officers or employees shall be liable to the Client or to any other person claiming under or through Client, for any claims made with respect to the receipt and execution of any such orders.
6. If Client resides or gives any orders to Member from outside India, Client agrees to ensure and represent that such order has been given in compliance with any and all applicable law of the relevant jurisdiction from which Client orders are given, and Client further agrees that Client shall, when, in doubt, consult or obtain legal and professional advice in or of the relevant jurisdiction. Client accepts that there may be taxes, duties, impositions or charges payable to relevant authorities in respect of Client residing or the giving of any order from outside India and on the execution of such order, and Client agrees to pay such taxes, duties, impositions or charges as are applicable. Client further agrees to indemnify the Member on demand for any claim, demands, actions. costs and expenses the Member may suffer or incur in connection with or arising from Client residing or giving of any such order from outside India.
7. In the case of a purchase transaction, if the selling broker fails to deliver on the settlement date and the Member has to purchase securities to settle the transactions, the Client shall be responsible to the Member for the costs of such purchase.
8. Client will notify the Member when a sale order relates to securities, which Client does not own i.e., involves short selling.
9. The Member may give the Client, in its sole discretion, an option to ‘Buy Today Sell Tomorrow’. By giving this facility the client shall be allowed to sell the shares on the next day of purchase, before the shares are credited to the demat account of the Client. Any loss incurred by the Client on account of short credit of such securities from the Exchange’s end and subsequent auction of the same or such other similar reasons, shall be the sole responsibility of the Client and shall be borne solely by the Client.
10. Any orders placed through the Internet Service will be considered to have been sent by Client. Client agrees to notify the Member immediately if Client does not receive any confirmation (whether by hard copy, electronic or verbal means) that an order communicated by Client through the Member’s ITORS service has been received or executed or if the Client receive a written confirmation of an order or its execution which is not accurate or which the Client did not place.
11. The Member shall have an absolute discretion to accept or reject any order or the execution of any order until (as the case may be) there is sufficient clear funds in the account; or there are sufficient securities in the Account, for settlement of the relevant Transaction.
12. The Client acknowledges and agrees that the member and its Directors, Officers, employees or agents shall not be responsible or liable for any delay or failure in transmission, receipt, execution or confirmation of orders, due to any breakdown, interruption or failure of transmission of the Internet Service.
13. The client understands that when the Client places a request to cancel an order, the cancellation of the order is not guaranteed. The order will only be cancelled at the Client’s request for cancellation received through the Member’s ITORS system and the order is successfully cancelled before it is executed. Similarly, modification of an order is also not guaranteed.
14. The Client shall not be entitled to presume an order having been executed or cancelled until the Client receives a confirmation from the Member.
15. The Member shall not be responsible for any order, that is made by the Client by mistake and every order that is entered by the Client through the use of the allotted user name and the password(s)and every such order shall be deemed to be a valid order for which the Client shall be fully responsible.
16. Unless otherwise specified by the Member, any order not executed at the end of the day shall stand cancelled.
17. Though orders will generally be routed to the Exchange’s computer systems within a few seconds from the time the order is placed by the Client on the Member’s ITORS System, the Member shall not be liable for any delay in the execution of any order or for any resultant loss on account of the delay.
18. In case of a market order, the Client agrees that he will receive the price at which his order is executed by the Exchange’s computer system and such price may be different from the price at which the security is trading when his order is entered into the Member’s ITORS System.
1. Clients acknowledge and accept that the internet is an inherently unreliable medium of communication and provision of information services due to the public nature of communication and that the accuracy, reliability and soundness of such means of communication and provision of services depends upon, amongst others, the service providers and the telephone, modem, cables, systems, facilities and the like used and operated from time to time by such providers and other participants. Client acknowledges and further accepts that, as a result of such unreliability there are risks associated in using such means of communication including the congestion, breakdown, interruption or failure of transmission of the internet services or any communication equipment or facilities, errors, omission. or delays in the transmission and receipt of orders and other data and information and in the execution or confirmation of orders and/or the execution of orders at prices which may be different from those indicated on the service or prevailing at the time the orders were given.
2. The Client understands that other risks are also involved such as unauthorized access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including Client personal data.
3. The systems used by the Member for providing Internet Trading services are generally capable of assessing the risk of the client as soon as the order comes in. However, due to any reason whatsoever, if the order is processed without sufficient risk cover from the client, the Client shall be bound by such trade and shall provide such sums as may be required to meet his / her liability under the trade.
4. Neither the Member nor any of its employee/representative shall be liable for any failure to perform its obligations, to the extent that such performance has been delayed, hindered or prevented by systems failure, network, errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot or civil commotion and war.
Option for placing an order through means other than Internet
1. In case failure/failures as mentioned above or any other kind of faults/failures in the ITORS arise due to technical or any other reason, the Client shall have option to place the order by telephone, Internet chatting or any other reasonable mode.
2. Where the Client has opted for the orders to be placed by the above mode the Client shall be solely responsible for the orders placed by the Member on his / her behalf.
Dematerialized Securities and Demat Account
1. All orders made by the Client shall only be in securities compulsorily traded in the dematerialized form.
2. The client agrees to open, maintain and operate a valid demat account with the CD Equisearch (P) Ltd.
3. The client agrees that debit / credit for all the transactions are to be effected in this account.
4. The said Demat account maintained with CD Equisearch (P) Ltd. shall be used solely for the purpose of debit / credit for transactions entered into through the ITORS system or any other specified alternative modes of the Member.
Bank Account
1. The c1ient agrees that the Member may, at any time during the subsistence of any arrangement relating to the subject matter of these presents, require the client to open one or more accounts with a designated bank. The client agrees that the debit / credit for all the transactions may be effected in this / these accounts.
2. The Member has relationship with one or more banks ("the designated Bank"). The web site of the Member has a payment window through a link to the web site of the designated bank, which provides the facility. In such a case, the Client would make the payment for Securities purchased by him/her/it by crediting the purchase amount (along with the indicated brokerage amount) directly to the account of the Member with the designated bank by means of a fund transfer on the pay-in date of the relevant exchange. The Member expressly states that the payment gateway mechanism is a service offered by the Banks with whom the Member has established relation for facilitating the transfer of funds between the Client’s account and the Member’s account. The Member expressly excludes liability for consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated saving which may arise in respect of
3. The client agrees that the member shall have right, at any time during the subsistence of this agreement, to give any instructions pursuant to any transactions covered under this agreement to the banks with whom it has affiliations or any other arrangement, in respect of the account of the client maintained with such bank. The client agrees that he/she/it shall have no cause of action in respect of any instructions that may be given to the bank in respect of the account maintained with such bank in pursuance of these presents.
4. The client agrees that the Member may, without assigning any reason thereof and without issuing any notice of the same to the client, reveal information available with the Member in the course of the arrangement with the client, to the bank with whom such client maintains bank account pursuant to these presents, and the client shall have no remedy therefrom.
5. The client agrees that in the event the designated bank terminates the agreement with the client in respect of the bank account, for any reason or informs the member or any misdemeanor or transgression by the client in the operation of the account or in any other circumstance resulting in the closure or in operation of the said bank account with the designated bank, the Member may, at its discretion terminate services, and the client shall have no remedy therefrom.
6. The client confirms that the bank account linked to the trading account is a valid bank account of the client.
Communication between Member and Client
1. Documents which be sent by electronic delivery to the parties may be in the form of an electronic mail (including any auto replies from the system of the Member) an electronic mail attachment, or in the form of an available download from the website. The Member shall be deemed to have fulfilled any legal obligation to deliver to the Client any such document if sent via electronic delivery provided however that the notice of termination and physical contract notes specified in the terms here in, shall be in writing.
Communication Equipment and infrastructure of the Client
1. The Client is responsible for installing and maintaining the communication equipment (including personal computers and modems) and telephone or alternative service required for accessing and using the web site or related service. All communication costs, service charges, levies and fees incurred by the Client in accessing the web site or related services will be borne by the Client.
2. For the purpose of these presents, it is presumed that the Client has all the necessary and compatible infrastructure ready at its end for the purpose of accessing the web site of the Member or contacting the phone broking executive of the Member prior to accessing the service provided pursuant to these terms. The Member will not and shall not be under any obligation to assist the Client 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.
3. The Client agrees that the Client shall be responsible for upgrading their software, hardware and the operating system at their cost from time to time so as to be compatible with that of the Member. The Member or the bank shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time and shall be under no obligation to support the software, hardware, operating systems used by the Client and that the same shall be their sole responsibility.
Interruption in service:
1. The Member does not warrant that the service will be uninterrupted or error free. The service is provided in an "as in" 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 client agrees that the Member shall not be held responsible for delays in transmission of orders due to breakdown of the system or failure of communication facilities either due to the fault of the systems of the Member or of the Exchanges or otherwise or for any other delay beyond the reasonable control of the Member.
2. The Client 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 due to any reason whatsoever, including but not limited due 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, any shutting down by the Member of his/her/its system for any reason of the Member disabling the Client from trading on its system for any reason whatsoever.
Transaction Order System

The CLIENT shall transmit his/her/its orders to the MEMBER through the internet over the MEMBER’s web site, or through telephone (as per the predefined procedure of forwarding the order through a phone broking executive) or in such other manner as the MEMBER may permit.
Only Own Order

Internet based trading software uses order routing systems, which will route Authorised Client’s orders, to exchange trading systems, for execution of trades on the Exchange. It is essentially provided to clients who wish to trade on their own behalf. Clients under no circumstances shall use the same to place orders on behalf of multiple clients and thus shall not act as an intermediary. Authorised clients, logging on using a combination of a user id and a password, are allowed to place orders on behalf of himself, and any orders placed on behalf of multiple clients, i.e. other than for own behalf, are treated in violation of the agreement.

Phone Broking Services

The CLIENT is aware that the MEMBER offers to its CLIENTS who are registered on the online trading system, phone broking services for placing the securities dealing orders through phone broking executives over pre-designated telephone numbers. The CLIENT can place securities dealing orders through telephone by confirming his User id allotted to him. The CLIENT shall ensure proper safeguard of the User ID allotted to him and keep his personal details confidential. The CLIENT shall immediately notify the MEMBER in writing, delivered via e-mail and Registered AD, if the CLIENT becomes aware of any loss, theft or unauthorized use of the CLIENT account User Id or any failure by the CLIENT to receive an accurate written confirmation of the execution of an order including the contract note for the same; or any receipt by the CLIENT of confirmation of an order and / or execution which the CLIENT did not place, or any inaccurate information in the CLIENT’s account balances, securities positions, or transactions history. In case where the CLIENT notifies such loss, theft or unauthorized use of the CLIENT’s user id. to the MEMBER, the MEMBER shall suspend the use of the Account of the CLIENT. However, the CLIENT shall be responsible and liable for all transactions that are carried out by the use of the CLIENT User Id and personal details. 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 to the CLIENT or to any other person whose claim may arise through the CLIENT with respect to any of the circumstances described above.

In case of phone broking, the CLIENT shall ensure the availability of funds and securities in his/ her /its accounts intimated to the MEMBER, required for meeting his/her/its pay in obligations, at the time of placing order through phone broking executive. The MEMBER shall not be responsible for any claim, loss, damage arising out of non availability / shortage of funds / securities in the CLIENT’s accounts for meeting the pay in obligation.

Power of Attorney

Bank Account: The CLIENT shall execute a power of attorney for operation of its designated Bank account authorizing the MEMBER to directly operate the Bank account of the Client to the extent necessary to credit and debit the proceeds/dues from the various transactions that are carried out by the MEMBER on behalf of the CLIENT, and also to debit
1. depository participant account charges,
2. Margins due or shortfall in margins from the CLIENT, and
3. any other charges or dues from the CLIENT.
The CLIENT also agrees and authorizes the designated Bank to block the required amount in the designated Bank account against the desired limits and settlement obligations solely on the instructions from the MEMBER in this regard. Once the amounts in the account are blocked, the MEMBER shall, if the order of the CLIENT gets executed either fully or partially, instruct the bank to transfer the amount equal to such obligation to the MEMBER’s account on the settlement date or the pay in or pay out date and release the balance amounts that are blocked in case where the order of the CLIENT is partially executed or the full amount that is blocked in case where the order does not get executed. The CLIENT will not be allowed to withdraw, issue a cheque or otherwise use the blocked funds in its account. The MEMBER will not be liable in any manner for any direct / consequential or special loss or claims that may arise due to any blocking of funds that may be erroneously instructed by the MEMBER to the designated bank

Depository Account: The CLIENT shall execute a power of attorney for the operation of its designated Depository account authorizing the MEMBER to directly enable the transfer of relevant securities to the pool account of the MEMBER through the issue of the necessary delivery instructions duly signed on behalf of the CLIENT and to Pledge, sell, dispose, transfer or deal in any other manner the securities placed by the CLIENT with the MEMBER as margins and lying in the depository account. The CLIENT shall also authorize the designated Depository Participant to block the securities sold in the designated Depository account against the CLIENT’s order to sell securities. Once the securities in the account are blocked the MEMBER shall, if the order of the CLIENT is executed either fully or partially, instruct the Depository Participant to transfer the securities which are sold, to the MEMBER’s pool account in time to meet the settlement obligation and release the balance securities that were blocked in the case of partial execution or all the securities that are blocked in the case of non execution. The CLIENT agrees that it will not be allowed to pledge, instruct transfer or otherwise use the blocked securities in its designated depository account.

Freezing of Accounts

In a case where the CLIENT executes the power of attorney referred to above, the CLIENT shall be entitled to exercise the right to close/freeze/pledge the accounts with the depository participant and/or the bank, as the case may be, only if there is no obligation pending to be met by the CLIENT or any member of the CLIENT’s family in favour of the MEMBER in the form of cash and/or security.

Delayed reporting of transactions
1. If trades or transactions are reported late to the MEMBER on account of any problems at the Exchange’s end or for whatsoever reason, the CLIENT in turn will be subject to late reporting of transactions.
2. In addition, any errors reported to the CLIENT for any reason whatsoever will stand subsequently corrected to reflect the transaction that was effected in the market.
Use of Web site
The CLIENT agrees that each participating 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 CLIENT shall use real-time quotes received on the web site of the MEMBER only for the CLIENT’s individual use and shall not furnish such data to any other person or entity. The CLIENT is authorized to use materials which are made available by the MEMBER’s web site for the CLIENT’s own needs only. CLIENT is not authorized to resell access to any such materials or to make copies of any such materials for sale or use to and by others. The CLIENT shall not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials from the MEMBER’s web site.

Conclusiveness of Records

The MEMBER’s own record of the trades/transactions maintained through computer system or otherwise shall be accepted as conclusive and binding on the CLIENT for all purposes.

Amendment to Agreement

Not withstanding anything contained in these Agreements the MEMBER may discontinue its ITORS Service in part or in its entirety and change the terms of the service in part or in its entirety.

IN WITNESS THEREOF, the parties to agreement have caused these presents to be executed as of the day and year first above written.
For CD Equisearch (P) Limited Witness:
Authorised Signatory

Witness:
______________________
Signature of Client

MEMBER and Client AGREEMENT – BSE

This agreement is made and executed at .... this .... day of ......, 20.. by and between M/s CD Equisearch (P) Limited, a private limited company duly formed and registered under the Companies Act, 1956, being a member of the Bombay Stock Exchange (the Exchange / BSE) and having its registered office at 37, Shakespeare Sarani, 1^st Floor, Kolkata 700017 (hereinafter called the "MEMBER") of ONE PART and Mr./Ms/M/s_______________________________________, an individual/a sole proprietary concern/a partnership firm/a body corporate, registered/incorporated, under the relevant Act having his/her/its residence/registered office at________________________________(hereinafter called the "CLIENT") which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include his/her heirs, executors, administrators and legal representatives/the partners for the time being of the said firm, the survivor or survivors of them and their respective heirs, executors, administrators and legal representatives/its successors, as the case may be, of the Other Part;

Whereas the MEMBER is registered as trading Member of the Cash market Segment and Derivative Market Segment of BSE having SEBI registration number INB010781133 and INF010781133 respectively.

Whereas the client is desirous of investing/trading in those securities/contracts/other instruments admitted to dealings on the Exchange as defined in the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder from time to time.

Whereas the client has satisfied itself of the capacity of the MEMBER to deal in securities and/or deal in derivatives contracts and wishes to execute its orders through the MEMBER and the client shall from time to time continue to satisfy itself of such capability of the MEMBER before executing orders through the MEMBER.

Whereas the MEMBER has satisfied and shall continuously satisfy itself about the genuineness and financial soundness of the client and investment objectives relevant to the services to be provided; and

Whereas the MEMBER has taken steps and shall take steps to make the client aware of the precise nature of the MEMBER’s liability for business to be conducted, including any limitations, the liability and the capacity in which the MEMBER acts.

Whereas the MEMBER and the CLIENT agree to be bound by all the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder and Rules and Regulations of SEBI and relevant notifications of Government authorities as may be in force from time to time.

Whereas the client is informed and satisfied that the Member also does proprietary trading occasionally.

Now, therefore, in consideration of the mutual understanding as set forth in this agreement, the parties thereto have agreed to the following terms and conditions:
1. The CLIENT agrees to immediately notify the MEMBER in writing if there is any change in the information in the ‘client registration form’ provided by the CLIENT to the MEMBER at the time of opening of the account or at any time thereafter.
2. The MEMBER declares that it has brought the contents of the risk disclosure document to the notice of CLIENT and made him aware of the significance of the said document. The CLIENT agrees that:
  
  a.He has read and understood the risks involved in trading on a stock exchange.
  
  b.He shall be wholly responsible for all his investment decisions and trades.
  
  c.The failure of the client to understand the risk involved shall not render a contract as void or voidable and the CLIENT shall be and shall continue to be responsible for all the risks and consequences for entering into trades in the segments in which the CLIENT chose to trade.
  
  d.He is liable to pay applicable initial margins, withholding margins, special margins or such other margins as are considered necessary by the MEMBER or the Exchange or as may be directed by SEBI from time to time as applicable to the segment(s) in which the CLIENT trades. The MEMBER is permitted in its sole and absolute discretion to collect additional margins (even though not required by the Exchange, Clearing House/Clearing Corporation or SEBI) and the CLIENT shall be obliged to pay such margins within the stipulated time.
  
  e.Payment of margins by the CLIENT does not necessarily imply complete satisfaction of all dues. In spite of consistently having paid margins, the CLIENT may, on the closing of its trade, be obliged to pay (or entitled to receive) such further sums as the contract may dictate/require.
3. The CLIENT agrees to pay to the MEMBER brokerage and statutory levies as are prevailing from time to time and as they apply to the Client’s account, transactions and to the services that MEMBER renders to the CLIENT. The MEMBER agrees that it shall not charge brokerage more than the maximum brokerage permissible as per the rules, regulations and bye-laws of the relevant stock exchange/SEBI.
4. The CLIENT agrees to abide by the exposure limits, if any, set by the MEMBER or by the Exchange or Clearing Corporation or SEBI from time to time.
5. Without prejudice to the MEMBER’s other rights (including the right to refer a matter to arbitration), the MEMBER shall be entitled to liquidate/close out all or any of the client’s positions for non-payment of margins or other amounts, outstanding debts, etc. and adjust the proceeds of such liquidation/close out, if any, against the CLIENT’s liabilities/obligations. Any and all losses and financial charges on account of such liquidation/closing-out shall be charged to and borne by the CLIENT.
6. The MEMBER agrees that the money/securities deposited by the CLIENT shall be kept in a separate account, distinct from his/her/its own account or account of any other CLIENT and shall not be used by the MEMBER for himself/herself/itself or for any other CLIENT or for any purpose other than the purposes mentioned in SEBI Rules and Regulations circulars/ guidelines/Exchanges Rules/Regulations/Bye-laws and circulars.
7. The client agrees to immediately furnish information to the MEMBER in writing, if any winding up petition or insolvency petition has been filed or any winding up or insolvency order or decree or award is passed against him or if any litigation which may have material bearing on his capacity has been filed against him.
8. The MEMBER agrees to inform the client and keep him apprised about trading/settlement cycles, delivery/payment schedules, any changes therein from time to time, and it shall be the responsibility in turn of the client to comply with such schedules/procedures of the relevant stock exchange.
9. In the event of death or insolvency of the client or his/its otherwise becoming incapable of receiving and paying for or delivering or transferring securities which the client has ordered to be bought or sold, MEMBER may close out the transaction of the client and claim losses, if any, against the estate of the client. The client or his successors, heirs and assigns shall be entitled to any surplus which may result therefrom.
10. The MEMBER agrees that it shall co-operate in redressing grievances of the client in respect of transactions routed through it and in removing objections for bad delivery of shares, rectification of bad delivery, etc. in respect of shares and securities delivered/to be delivered or received/to be received by the client.
11. The MEMBER shall continue to be responsible for replacing bad deliveries of the client in accordance with applicable "Good and bad delivery norms" even after termination of the agreement and shall be entitled to recover any loss incurred by him in such connection from the client.
12. The MEMBER shall ensure due protection to the client regarding client’s rights to dividends, rights or bonus shares, etc. in respect of transactions routed through it and it shall not do anything which is likely to harm the interest of the client with whom and for whom it may have had transactions in securities.
13. The client and the MEMBER agree to refer any claims and/or disputes to arbitration as per the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder as may be in force from time to time.
14. The MEMBER hereby agrees that he shall ensure faster settlement of any arbitration proceedings arising out of the transactions entered into between him and the client and that he shall be liable to implement the arbitration awards made in such proceedings.
15. Information about default in payment/delivery and related aspects by a client shall be brought to the notice of the relevant Stock Exchange(s). In case where defaulting client is a corporate entity/partnership/proprietary firm or any other artificial legal entity, then the name(s) of director(s) / promoter(s) / partner(s) / proprietor as the case may be, shall also be communicated to the relevant stock exchange(s).
16. The MEMBER and the client agree to reconcile their accounts at the end of each quarter with reference to all the settlements where payouts have been declared during the quarter.
17. The MEMBER and the client agree to abide by any award passed by the Ombudsman under the SEBI (Ombudsman) Regulations, 2003.
18. The MEMBER and the client declare and agree that the transactions executed on the Exchange are subject to Rules, Bye-laws and Regulations and circulars issued thereunder of the Exchange and all parties to such trade shall have submitted to the jurisdiction of such court as may be specified by the Bye-laws and Regulations of the Exchange for the purpose of giving effect to the provisions of the Rules, Bye-laws and Regulations of the Exchange and the circulars issued thereunder.
19. The instructions issued by an authorized representative, if any, of the client shall be binding on the client in accordance with the letter authorizing the said representative to deal on behalf of the said client.
20. here the Exchange cancels trade(s) suo moto all such trades including the trade/s done on behalf of the client shall ipso facto stand cancelled.
21. This agreement shall forthwith terminate; if the MEMBER for any reason ceases to be a member of the stock exchange including cessation of membership by reason of the MEMBER’s default, death, resignation or expulsion or if the certificate issued by the Board is cancelled.
22. The MEMBER and the client shall be entitled to terminate this agreement without giving any reasons to the other party, after giving notice in writing of not less than one month to the other parties. Notwithstanding any such termination, all rights, liabilities and obligations of the parties arising out of or in respect of transactions entered into prior to the termination of this agreement shall continue to subsist and vest in/be binding on the respective parties or his/its respective heirs, executors, administrators, legal representatives or successors, as the case may be.
23. In addition to the specific rights set out in this Agreement, the MEMBER and the client shall be entitled to exercise any other rights which the MEMBER or the client may have under the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder or Rules and Regulations of SEBI.
24. Words and expressions which are used in this Agreement, but which are not defined herein shall, unless the context otherwise requires, have the same meaning as assigned thereto in the Rules, Bye-laws and Regulations of the Exchange and circulars issued thereunder.
25. The provisions of this agreement shall always be subject to Government notifications, any rules, regulations, guidelines and circulars issued by SEBI and Rules, Regulations and Bye-laws of the relevant stock exchange that may be in force from time to time.
26. The MEMBER hereby undertakes to maintain the details of the client as mentioned in the client registration form or any other information pertaining to the client in confidence and that it shall not disclose the same to any person/authority except as required under any law/regulatory requirements: Provided however, that the MEMBER may so disclose information about his client to any person or authority with the express permission of the client.
  
  This agreement can be altered, amended and/or modified by the parties mutually in writing without derogating from the contents of this Agreement: Provided however, if the rights and obligations of the parties hereto are altered by virtue of change in Rules and Regulations of SEBI or Bye-laws, Rules and Regulations of the relevant Stock Exchange, such changes shall be deemed to have been incorporated herein in modification of the rights and obligations of the parties mentioned in this agreement.
27. Compliance with law: In case where the CLIENT is a Non resident Indian, he agrees to abide by Foreign Exchange Management Act and rules and regulations issued there under from time to time.
  
  The CLIENT hereby authorizes the MEMBER to take all such steps on the CLIENT’s behalf as may be required or advisable in the MEMBER’s opinion for compliance with the Exchange provisions or any other law or provisions or to complete or settle any transactions entered into through or with the MEMBER or executed by the MEMBER on behalf of the CLIENT, however, nothing contained herein shall oblige the MEMBER to take such steps.
28. Participation: The CLIENT shall ensure that he / it is eligible to enter into this agreement. The CLIENT having agreed to enter into this agreement shall be deemed to have satisfied himself/itself with regard to eligibility in this respect.
29. Acting as a sub-broker: The CLIENT agrees that he will not act as a Sub- Broker without prior written permission of the MEMBER and without obtaining certificate of registration from SEBI.
30. Disclaimer: The Client agrees that all investments and disinvestment decisions are based on the CLIENTS’S own evaluation of financial circumstances and investment objectives. This extends to any decision made by the CLIENT on the basis of any information that may be made available by the MEMBER through its website or through any other media. The CLIENT will neither hold, nor seek to hold the MEMBER or any of its officers, directors, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses, costs or damage incurred by the CLIENT consequent upon relying on investment information, research opinion or advice or any other material/information provided by the MEMBER. The CLIENT is aware that any information provided by the MEMBER through any medium based on the research of the MEMBER or other external sources is subject to normal variations in the stock market and is merely an estimation of the availability or otherwise of certain investments, and the MEMBER shall not be deemed to have assumed responsibility for any such information. The CLIENT should seek independent professional advice regarding the suitability of any investments decision.
31. Dematerialised Securities: All orders made by the CLIENT shall only be in securities compulsorly traded in the dematerialized form. All deliveries of securities made by or to the CLIENT shall only be in the dematerialized form.
32. Transaction Order System: The CLIENT shall transmit his/its orders to the MEMBER through telephone or in such other manner as the MEMBER may permit.
33. Authorised Person: In the event of authorized representative being replaced it shall be the responsibility of the CLIENT to inform the MEMBER of the change, in writing, failing which the CLIENT shall be responsible for the trade obligations arising out of the actions of both the old representative as well as the new representative.
  
  If any transaction(s) under this agreement or under any other agreement or otherwise with the MEMBER, has / have been executed on behalf of the CLIENT by any other person, not mentioned above and the same has / have been accepted by CLIENT from time to time on the basis of the contract note(s) / bills / any other correspondence dispatched / communicated to the CLIENT by the MEMBER and / or by part or full settlement of the transaction(s) by the CLIENT, then such transaction(s) shall be deemed to be executed by the person authorized by the CLIENT and the CLIENT hereby agrees to ratify and accept all such or other actions of such persons and undertakes to meet all obligations arising from these transaction(s).
34. Abnormal Trades: The CLIENT under no circumstances shall indulge in abnormal / synchronized trades, which may affect the market price of any security.
35. Margins: The CLIENT shall make the prescribed initial margin in the form of cash and / or in the form of securities (the "Margin") with the MEMBER simultaneously with the opening of the account and prior to commencement of trading. The CLIENT shall be permitted to trade up to a pre-determined number of times of the margin (the "Multiple") and the quantum of the Multiple on the margin shall be decided at sole option or discretion of the MEMBER who shall have the irrevocable right to set off a part or whole of the Margin i.e. by way of appropriation of the relevant amount of cash or by sale or transfer of all or some of the securities which form part of the margin, against any dues of the CLIENT or of a member of the FAMILY of the CLIENT (for the purposes of these presents, "FAMILY" shall mean all the individuals, group companies, firm, entities and other persons as notified to the MEMBER) in the event of the failure of the CLIENT or a member of the FAMILY of the CLIENT to meet any of their respective obligations under these Terms.
  
  Any reference in these terms to sale or transfer of securities by the MEMBER shall be deemed to include sale of securities which form part of the Margin maintained by the CLIENT with the MEMBER. In exercise of the MEMBER’s right to sell securities under the Agreement, the CLIENT agrees that the choice of specific securities to be sold shall be solely at the MEMBER’s discretion.
  
  Margin on purchase: The MEMBER may require the Client to deposit interest free margin of such percentages as may be intimated by the MEMBER from time to time on the price of the securities proposed to be purchased.
  
  Margins on Sales: The MEMBER may require the CLIENT to deposit interest free margin of such percentages as may be intimated by the MEMBER from time to time on the price of securities proposed to be sold.
  
  Margins in Derivatives Contracts: In the derivative segment, the CLIENT is liable to pay an initial margin up-front on or before creating a position. Such margin shall be decided upon by the MEMBER or the Exchange from time to time. Furthermore, the CLIENT is liable to pay (or receive) daily margins depending on whether the price of the Derivatives contract moves for or against the position undertaken. The CLIENT may also be liable to pay withholding margins, special margins, or such other margins as are considered necessary by the MEMBER or the Exchange from time to time.
  
  Mark To Market Margin in Derivative Contracts: For derivatives contracts, if at any time, the Mark to Market (MTM) margin falls short of the margin available in the CLIENT’s account, the CLIENT agrees to heed the MEMBER’s additional margin calls. The CLIENT will ensure that margins are adequate at all times and will immediately make good any shortfall that the MEMBER may communicate.
  
  Payment through Cheque/Demand Drafts: In case where the payment by the CLIENT towards the margin is made through a cheque issued in favour of the MEMBER, any trades(s) would be executed by the MEMBER only upon the realization of the funds of the said cheque or at the discretion of the MEMBER. The CLIENT agrees to mention his CLIENT code along with his name on the reverse of any instrument through which he makes the payment to the MEMBER.
  
  Margin in form of Securities: The Client may place margin with the MEMBER in form of securities as approved by the MEMBER. Such securities may at the discretion of the MEMBER be marked as lien in favour of the MEMBER from the depository account of the CLIENT or such securities may be placed in a separate depository account of the MEMBER. The MEMBER may, at its own discretion, treat the securities lying in the depository account of the CLIENT, as margin, where the CLIENT has issued a Power of Attorney in favour of the MEMBER, for operating the said depository account.
  
  The Client may place / deposit only those securities, which are acceptable to the MEMBER. If at any time, a particular security ceases to be on the list of approved securities, the CLIENT shall provide such other margins as may be required in place of such security.
  
  The CLIENT agrees and authorizes the MEMBER to determine the market value of securities placed as Margin after applying a haircut that the MEMBER deems appropriate. The CLIENT’s positions are valued at the latest market price available (‘marked to market’) on a continuous basis by the MEMBER. The CLIENT undertakes to monitor the adequacy of the collateral and the market value of such securities on a continuous basis. If due to price fluctuations, there is erosion in the value of the margins, the CLIENT agrees to replenish any shortfall in the value of the Margins immediately, whether or not the MEMBER intimates such shortfall.
  
  Type of Margin: The MEMBER may at its sole discretion prescribe the payment of Margin in the form of cash instead of securities. The CLIENT accepts to comply with the MEMBER’s requirement of payment of Margin in the form of cash immediately failing which the MEMBER may sell, dispose, transfer or deal in any other manner the securities already placed with it as Margin or square off all or some of the positions of the CLIENT as it deems fit in its discretion without further reference to the CLIENT and any resultant or associated losses that may occur due to such square off/sale shall be borne by the CLIENT, and the MEMBER is hereby fully indemnified and held harmless by the CLIENT in this behalf.
  
  Margins with Banks / Institutions: The CLIENT agrees that any securities placed by him/her/it as Margin may in turn be placed as margin by the MEMBER with the Exchanges or Banks or such other institutions as the MEMBER may deem fit. The CLIENT authorizes the MEMBER to do all such acts, deeds and things as may be necessary and expedient for placing such securities with the Exchanges/Banks/institutions as margin.
  
  Shortfall in margins and other provision: If payment/securities towards the Margin or shortfall in Margin is not received instantaneously to enable restoration of sufficient Margin in the CLIENTS’s account, all or some of the positions of the CLIENT as well as the securities of the CLIENT in the possession or control of the MEMBER may be liquidated by the MEMBER at its sole discretion, without any reference or prior notice to the CLIENT. The resultant or associated losses that may occur due to such squaring off or sale of such securities shall be borne by the CLIENT, and the MEMBER is hereby fully indemnified and held harmless by the CLIENT in this behalf. Such liquidation or close out of positions shall apply to any segment in which the CLIENT does business with the MEMBER.
  
  The CLIENT is responsible for all orders, including any orders that may be executed without the required Margin in the CLIENT’s account. If the CLIENT’s order is executed despite a shortfall in the available Margin, the CLIENT shall, whether or not the MEMBER intimates such shortfall in Margin to the CLIENT, instantaneously make up the shortfall either through delivery of shares in the event of a sale, or credit the required funds in the Bank account via wire transfer or personal cheque, or money order or account transfer or any other mode as may be required by the MEMBER.
  
  Any reference in these terms to sale or transfer of securities by the MEMBER shall be deemed to include sale of the securities, which form part of the Margin and / or such securities of the CLIENT which are in possession or control of the MEMBER, maintained by the CLIENT with the MEMBER. In exercise of the MEMBER’s right to sell securities under the Agreement, the CLIENT agrees that the choice of specific securities to be sold shall be solely at the MEMBER’s discretion.
  
  Amendments in margin: Any amendment in the percentage of margins as required to be maintained under this agreement, shall be intimated by the MEMBER to the CLIENT over the telephone or in writing or by posting the details in its website. The CLIENT is required to make or replenish the shortfall in such margins, if any, on demand of the same by the MEMBER or otherwise immediately.
36. Price of securities: The CLIENT understands that with respect to any order, the CLIENT will obtain the price at which the order was actually executed in the market, which may be different from the price at which the security was trading when the CLIENT’s order was entered into the MEMBER’s system.
37. Mistaken Order: The MEMBER shall not be responsible for any order that is made by the CLIENT by mistake.
38. Pay in / payout of securities / funds: The CLIENT agrees that the MEMBER shall not be obliged to deliver any securities or pay any money to the CLIENT unless and until the same has been received by the MEMBER from the Exchange, the Clearing Corporation / House or the concerned Mutual Fund or other company or entity liable to make the payment. Unless the MEMBER otherwise determines, and subject to the MEMBER’s rights to set off and other rights as mentioned in this agreement, the securities to be delivered by the MEMBER to the CLIENT pursuant to the CLIENT’s purchase transactions shall be credited to the designated depository account of the CLIENT and the sale proceeds to be paid by the MEMBER to the CLIENT shall be deposited to the designated Bank account of the CLIENT.
  
  At all times, the CLIENT agrees to make the payment of funds only in the name the MEMBER vide a account payee cheque / demand draft drawn on a Scheduled Commercial Bank, with details of the CLIENT code and the mane of the CLIENT mentioned on the reverse of the instrument.
  
  At all times, the CLIENT agrees to transfer the securities only to the designated depository account of the MEMBER.
  
  At all times, the Client agrees that he/it shall make payment of fund or delivery of securities only from his/its own bank account / demat account and not from any third party bank account or demat account. In case, any third party delivery or third party payment is observed by the MEMBER, after the pay-in, the same shall be treated seriously and pay out of fund may be withheld by the MEMBER.
  
  .The CLIENT agrees that the MEMBER shall not be responsible for any loss, damages in respect of any funds / securities which are deposited / transferred to any account other than that of the MEMBER’s designated account under this Agreement.
39. Close Out:
  
  a. In case of Purchases: Notwithstanding the margin position in case of purchase on behalf of CLIENT, the CLIENT authorizes the MEMBER to close out the transactions by selling the securities, in case the CLIENT fails to make full payment to the MEMBER for the execution of the contract within two days of trade execution before pay-in-day (as fixed by stock exchange for the concerned settlement period), whichever is earlier, unless the CLIENT already has an equivalent credit with the MEMBER. The loss incurred in this regard, if any, will be met from the margin money of the CLIENT. The CLIENT agrees to make good the shortfall, if any, immediately on being intimated of the shortfall by the MEMBER.
  
  b. In case of Sale: Notwithstanding the margin position in case of sales on behalf of CLIENT, the CLIENT authorizes the MEMBER to close out the contract by effecting purchases if the CLIENT fails to deliver the securities sold with valid transfer documents within two days of the trade execution or before delivery day (as fixed by stock exchange authorities for concerned settlement period), whichever is earlier. Loss on transaction, if any, will be deductible from the margin money of the CLIENT. The CLIENT agrees to make good the shortfall, if any, immediately on of being intimated of the shortfall by the MEMBER.
40. Warranties of clients:
  
  i) The CLIENT hereby represents and warrants that the terms and conditions of this Agreement have been clearly understood and that the information furnished to the MEMBER is accurate and truthful.
  
  ii) The CLIENT confirms that he/she is of legal age and he/she/it has obtained the necessary approvals from the relevant regulatory/legal and compliance authorities to avail the services provided pursuant to the Terms of this Agreement.
  
  iii) The MEMBER may appoint agents for carrying out the acts mentioned in or in relation to this Agreement. The CLIENT consents to sharing of his / its account related information to the authorized agents appointed by the MEMBER.
  
  41. Indemnity:
  
  i) Though orders are generally routed to the marketplace immediately after the time the order is placed by the CLIENT on the system there may be a delay in the execution of the order due to any link/system failure at the CLIENT/MEMBER/Exchange’s end. The CLIENT 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 link 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 CLIENT from contacting the phone broking services of the MEMBER or entering the MEMBER’s system or from executing an order or in respect of other conditions.
  
  ii) The CLIENT 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 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, any shutting down by the MEMBER of his/her/its system for any reason or the MEMBER disabling the CLIENT from trading on its system for any reason whatsoever.
41. Assignment: Either party to this Agreement shall not assign or transfer all or any of its rights or obligations hereunder without the prior consent of the other party.
42. Severability: In case anyone or more of the provisions contained in this Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereto.
43. Further Assurances: In connection with this Agreement, as well as all transactions contemplated by this Agreement as offered by the MEMBER from time to time. Each party agrees to execute and deliver such additional documents and to perform such additional actions as may be necessary, appropriate or reasonably requested to carry out or evidence the transactions in respect of the services availed by the CLIENT from time to time.
44. Dispute Resolution: The MEMBER and the CLIENT are aware of the provisions of the bye laws rules and regulations of the Exchange 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 in so far as any disputes under these Terms relate to transactions that are to be carried out on the Exchanges.
45. 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 Member’s website 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 MEMBER’s website.
46. Proprietary Trading: The MEMBER discloses herewith that it undertakes Proprietary trading in addition to CLIENT based trading.
  
  The CLIENT confirms having read and understood the terms and conditions of the MEMBER CLIENT agreement and those relating to various services and products and accepts and agrees to be bound by the terms and conditions including those excluding/limiting the MEMBER’s and Exchanges’ liabilities.
47. Research / Trading Recommendation: The CLIENT understands that the MEMBER produces fundamental and trading research/ notes/ trading calls / technical calls, particularly on companies, industry, stock markets, commodity markets and economy from time to time (collectively hereinafter referred to as "material") through email or by access to the website of MEMBER or through SMS or any other mode on a voluntary basis.
  
  By agreeing to receive such material, CLIENT understands that this material provided is only for his/its personal information and CLIENT undertakes that the same shall not be reproduced or redistributed to any other person. CLIENT understands that his material is not an offer or the solicitation of an offer to buy any security. By sending this material on CLIENT’s request, MEMBER or any of its officers, directors, personnel and employees shall not be liable for any loss, damage of any nature, including but not limited to direct, indirect, punitive, special, exemplary, consequential, as also any loss of profit in any way arising from the use of this material in any manner. CLIENT understands that the investments discussed in this material may not be suitable for all investors. CLIENT shall, therefore, before dealing and/or transacting in any of the products referred to in this material, make its own investigation, seek appropriate professional advice. CLIENT alone shall be fully responsible / liable for his/its investments / disinvestments on the basis of this material.
  
  CLIENT also agrees that MEMBER may discontinue providing such material and that it would have no responsibility to update any information provided to CLIENT nor does it represent that the information provided in the material is complete. Further by providing such material MEMBER is not acting as CLIENT’s portfolio or financial adviser nor does it assumes any fiduciary duties.
Voluntary clauses related to special facilities provided by the MEMBER to its CLIENTS, which needs specific clause-wise consent if opted for by the CLIENT:

Stock broker Client Communication:

1) Form of Communication: All notices or communications issued under this agreement shall be served in anyone or more or all of the following ways and such notiec or communication under (a) to (i) below shall be served at the ordinary business address and/or ordinary place of residence and/or last known address of the client in anyone or more of the following ways :-

a) by post, b) by registered post, c) under certificate of posting, d) by express delivery post, e) by telegram, f) by affixing it on the door at the last known business or residential address, g) by oral communications to the party or on the last known telephone number or on the recording machine of such number, h) by sending a message through trading system, i) by a notice posted on the notice board of the Exchange if no address be known, j) by electronic mail or fax, or k) by hand delivery, I) The Stock Broker may also publish notice of general nature on its website http://www.cdequi.com . Such notice shall be deemed to have been properly delivered.

ii) Any communication sent by the stock broker to the client shall be deemed to have been properly delivered or served, even if such communication is returned to the stock broker as unclaimed/refused/undelivered, if the same is sent to the ordinary business address and/or ordinary place of residence and/or last known address of the party, in anyone or more of the ways as mentioned in clause (i) above.
iii) Digitally signed documents:
a) The client may be provided with a verified software utility to view the contract notes and other documents received bye-mail.
b)The viewing documents without software utility is not valid. Any printouts of the contract note and the other documents which have been opened without verifier software utility are also not legally valid documents.

c)It shall be the duty of the client to check his/her list e-mail account and view the contract note and other documents sent to him/her/it. E-mail document shall be treated as delivered to the client if they leave the e-mail server. There is no need of confirmation from the client acknowledging receipt of contract note and other documents sent to him/her/it bye-mail. All information contained therein shall be binding on the client, if the client does not object either in writing or via electronic mail within 24 hours after such a document is sent to the client. However, the Stock Broker reserves the right in its absolute discretion to determine the validity of client's objection even though such objection is received after 24 hours.

d)The client shall be required to intimate the stockbroker in case of non-receipt of documents by email within the stipulated time period. Delay in delivery of e-mail send by the stock broker due to network and internet related problems, which are beyond the control of the stock broker is possible and the client shall construe such delay as normal.
e)The client shall be required to intimate immediately to the stockbroker in case of any change of e-mail address.
f)Non delivery of the documents bye-mail due to wrong or invalid 10 given by the client and any other problems related to network and due to any problem in the e-mail received at the end of client shall not be the responsibility of the stock broker.
INTERNET TRADING:

WHEREAS the client is desirous of investing / trading in those securities admitted for dealing on the Exchange as defined by the Bye-laws of the Exchange and have been made available for investing /trading through the Member’s Internet Trading Services.

WHEREAS the Member proposes to offer Internet Trading Services to its clients, and the Client desires to avail of the Member’s Internet Trading Services for purchasing , selling or otherwise dealing in securities admitted for dealing on the Exchange as defined in the Bye-Laws of the Exchange.

General
1. The instructions issued by an authorized representative of the client shall be binding on the client in accordance with the letter authorizing the said representative to deal on behalf of the client.
2. The CLIENT is aware that authentication technologies and strict security measures are required for the internet trading through order routed system and undertakes to ensure that the password of the CLIENT and/or his authorised representative are not revealed to any third party.
3. The CLIENT agrees that the MEMBER shall not be liable or responsible for non-execution of the orders of the CLIENT due to any link/system failure at the CLIENT/ MEMBERS/EXCHANGE end.
4. The Stock Exchange may cancel a trade suo-moto without giving any reason thereof. In the event of such cancellation, MEMBER shall be entitled to cancel relative contract(s) with CLIENT.
5. The MEMBER shall also send the Order/Trade confirmation slip through E-mail to the CLIENT at his request, within ____ (time period as specified by the Client) from the time of execution of order/trade, as the case may be. The CLIENT agrees that the information sent by MEMBER by E-mail is deemed to be a valid delivery of such information by the MEMBER.
6. The CLIENT is aware that the MEMBER has provided on the web site a facility for reconfirmation of orders, which are larger than that specified by the MEMBER's risk management, by the MEMBER and is also aware that the MEMBER has the discretion to reject the execution of such orders based on his risk perception.
7. The Member and the Client are aware of the provisions of Bye-Laws, Rules and regulations of the Exchange relating to resolution of disputes/differences through the mechanism of arbitration provided by the Exchange and agree to abide by the said provisions.
8. All trades, transactions and contracts are subject to the Bye-Laws, Rules and Regulations of the Exchange and shall be deemed to be and shall take effect as wholly made, entered into and to be performed in the city of Mumbai and the parties to such trade shall be deemed to have submitted to the jurisdiction of the Courts in Mumbai for the purpose of giving effect to the provisions of the Rules and Regulations of the Exchange.
9. The client shall not use the guest e-mail facility to send the Member time-sensitive instructions or to give personal credit information or an address change. The Member shall not be liable for any actions taken or any omissions to act as a result of any such e-mail message, the Client sent to the Member.
10. The Client understands that the Member may at any time, at its sole discretion and without prior notice to the Client, prohibit or restrict the Client’s access to the use of the web site or related Services and the Client’s ability to trade. The Client will bear any loss that he/she/it may be faced with, due to inability to execute further trades on account of such restriction
11. It is explicitly stated herein that the Offer Documents/other schemes offered by the Member have not been recommended by the Member.
User Name and Password
1. The Client will be entitled to a username and password which will enable him to access the Member's ITORS System for availing of the Internet Based Trading Service.
2. The Client is aware that the Member's ITORS System itself generates the initial passwords and that the Member is aware of the same. The Client agrees and undertakes to immediately change his initial passwords upon receipt thereof. The Client is aware that subsequent passwords are not known or available to the Member.
3. The Client understands and agrees that he/she/it must keep the password totally confidential and not reveal the password to any third party.
4. The client shall choose a password that shall consist of a mix of alphabets, numbers and special characters, which must not relate to any readily accessible personal data such as his/her/its name, address, telephone number, driving license etc. or easily guessable combination of letters and number. The Client must commit the password to memory and not record them in a written or electronic form.
5. The Client agrees that he will change his password every fortnightly.
6. The Client shall be responsible for all orders entered and transactions done by any person whosoever through the Member's ITORS System using the Client's Username and/or Passwords whether or not such person was authorized to do so.
7. The Client acknowledges that he is fully aware of and understands the risks associated with availing of a service for routing orders over the internet including the risk of misuse and unauthorized use of his Username and/or Passwords by a third party and the risk of a person hacking into the Client's Account on the Member's ITORS System and unauthorizedly routing orders on behalf of the Client through Internet Based Trading Service of the member. The Clients agrees that he shall be fully liable and responsible for any and all unauthorized use and misuse of his Password and/or Username and also for any and all acts by any person through the Member's ITORS System in any manner whatsoever.
8. The Client shall log off from the ITORS Service at any time the Client is not accessing or using the Service and any liability incurred to the Client as a consequence of the Client not logging off properly shall be borne solely by the Client. The client further agrees that he/she/it shall not let any unauthorized person have access to their computer or leave the computer unattended while accessing Electronic Payment Gateway for Net banking.
9. The Client shall immediately notify the Member in writing with full detail if he discovers or suspects unauthorized access through his Username, Passwords.
10. The client shall notify the Member in writing if he forgets his password. Thereupon the member shall generate a new password for the Client, which- shall be communicated to the C1ient. In case the Client forgets the password for their account in the Member, he/she/it can request for change of the password. Such replacement shall not be construed/deemed as the commencement of a new contract.
Transactions and settlement
1. The Member may from time to time impose and vary limits on the orders, which the client can place through the Member's ITORS System including exposure limits, turnover limits, limits as to the number, value and/or kind of securities in respect of which orders can be placed, the companies in respect of whose securities orders can be placed. The Client is aware and agrees that the Member may need to vary or reduce the limits for the purpose of risk management and other factors considered relevant by the Member, and the Member may be unable to inform the Client of such variation, reduction or imposition in advance. The Client agrees that the Stock broker shall not be responsible for such variation, reduction or imposition or the Client's inability to route any order through the Member’s ITORS System on account of any such variation, reduction or imposition of limits. The Client understands and agrees that the Member may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client's ability to place orders or trade in securities through the Member.
2. The Client hereby agrees to execute all orders at around market prices. The Client agrees to ensure that there will be no attempt at price distortion and price rigging made through any means.
3. The Client authorizes the Member to square up all his intra day outstanding positions 20 minutes before closing time of the normal market. Any profit or loss arising out of square off shall be at the risk of and borne by the Client.
4. The Member at his discretion, may execute trades on behalf of the Client at the request of the Client, in case of system failure at the Client’s end. Any profit or loss arising out of such trades shall be at the risk of and borne by the Client.
5. The Client acknowledges and agrees that the Client shall be solely responsible for all orders communicated through the Internet Service, and neither the Member nor any of the Member’s directors, officers or employees shall be liable to the Client or to any other person claiming under or through Client, for any claims made with respect to the receipt and execution of any such orders.
6. If Client resides or gives any orders to Member from outside India, Client agrees to ensure and represent that such order has been given in compliance with any and all applicable law of the relevant jurisdiction from which Client orders are given, and Client further agrees that Client shall, when, in doubt, consult or obtain legal and professional advice in or of the relevant jurisdiction. Client accepts that there may be taxes, duties, impositions or charges payable to relevant authorities in respect of Client residing or the giving of any order from outside India and on the execution of such order, and Client agrees to pay such taxes, duties, impositions or charges as are applicable. Client further agrees to indemnify the Member on demand for any claim, demands, actions. costs and expenses the Member may suffer or incur in connection with or arising from Client residing or giving of any such order from outside India.
7. In the case of a purchase transaction, if the selling broker fails to deliver on the settlement date and the Member has to purchase securities to settle the transactions, the Client shall be responsible to the Member for the costs of such purchase.
8. Client will notify the Member when a sale order relates to securities, which Client does not own i.e., involves short selling.
9. The Member may give the Client, in its sole discretion, an option to ‘Buy Today Sell Tomorrow’. By giving this facility the client shall be allowed to sell the shares on the next day of purchase, before the shares are credited to the demat account of the Client. Any loss incurred by the Client on account of short credit of such securities from the Exchange’s end and subsequent auction of the same or such other similar reasons, shall be the sole responsibility of the Client and shall be borne solely by the Client.
10. Any orders placed through the Internet Service will be considered to have been sent by Client. Client agrees to notify the Member immediately if Client does not receive any confirmation (whether by hard copy, electronic or verbal means) that an order communicated by Client through the Member’s ITORS service has been received or executed or if the Client receive a written confirmation of an order or its execution which is not accurate or which the Client did not place.
11. The Member shall have an absolute discretion to accept or reject any order or the execution of any order until (as the case may be) there is sufficient clear funds in the account; or there are sufficient securities in the Account, for settlement of the relevant Transaction.
12. The Client acknowledges and agrees that the member and its Directors, Officers, employees or agents shall not be responsible or liable for any delay or failure in transmission, receipt, execution or confirmation of orders, due to any breakdown, interruption or failure of transmission of the Internet Service.
13. The client understands that when the Client places a request to cancel an order, the cancellation of the order is not guaranteed. The order will only be cancelled at the Client’s request for cancellation received through the Member’s ITORS system and the order is successfully cancelled before it is executed. Similarly, modification of an order is also not guaranteed.
14. The Client shall not be entitled to presume an order having been executed or cancelled until the Client receives a confirmation from the Member.
15. The Member shall not be responsible for any order, that is made by the Client by mistake and every order that is entered by the Client through the use of the allotted user name and the password(s)and every such order shall be deemed to be a valid order for which the Client shall be fully responsible.
16. Unless otherwise specified by the Member, any order not executed at the end of the day shall stand cancelled.
17. Though orders will generally be routed to the Exchange’s computer systems within a few seconds from the time the order is placed by the Client on the Member’s ITORS System, the Member shall not be liable for any delay in the execution of any order or for any resultant loss on account of the delay.
18. In case of a market order, the Client agrees that he will receive the price at which his order is executed by the Exchange’s computer system and such price may be different from the price at which the security is trading when his order is entered into the Member’s ITORS System.
Risks Associated
1. Clients acknowledge and accept that the internet is an inherently unreliable medium of communication and provision of information services due to the public nature of communication and that the accuracy, reliability and soundness of such means of communication and provision of services depends upon, amongst others, the service providers and the telephone, modem, cables, systems, facilities and the like used and operated from time to time by such providers and other participants. Client acknowledges and further accepts that, as a result of such unreliability there are risks associated in using such means of communication including the congestion, breakdown, interruption or failure of transmission of the internet services or any communication equipment or facilities, errors, omission. or delays in the transmission and receipt of orders and other data and information and in the execution or confirmation of orders and/or the execution of orders at prices which may be different from those indicated on the service or prevailing at the time the orders were given.
2. The Client understands that other risks are also involved such as unauthorized access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including Client personal data.
3. The systems used by the Member for providing Internet Trading services are generally capable of assessing the risk of the client as soon as the order comes in. However, due to any reason whatsoever, if the order is processed without sufficient risk cover from the client, the Client shall be bound by such trade and shall provide such sums as may be required to meet his / her liability under the trade.
4. Neither the Member nor any of its employee/representative shall be liable for any failure to perform its obligations, to the extent that such performance has been delayed, hindered or prevented by systems failure, network, errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot or civil commotion and war.
Option for placing an order through means other than Internet
1. In case failure/failures as mentioned above or any other kind of faults/failures in the ITORS arise due to technical or any other reason, the Client shall have option to place the order by telephone, Internet chatting or any other reasonable mode.
2. Where the Client has opted for the orders to be placed by the above mode the Client shall be solely responsible for the orders placed by the Member on his / her behalf.
Dematerialized Securities and Demat Account
1. All orders made by the Client shall only be in securities compulsorily traded in the dematerialized form.
2. The client agrees to open, maintain and operate a valid demat account with the CD Equisearch (P) Ltd.
3. The client agrees that debit / credit for all the transactions are to be effected in this account.
4. The said Demat account maintained with CD Equisearch (P) Ltd. shall be used solely for the purpose of debit / credit for transactions entered into through the ITORS system or any other specified alternative modes of the Member.
Bank Account
1. The c1ient agrees that the Member may, at any time during the subsistence of any arrangement relating to the subject matter of these presents, require the client to open one or more accounts with a designated bank. The client agrees that the debit / credit for all the transactions may be effected in this / these accounts.
2. The Member has relationship with one or more banks ("the designated Bank"). The web site of the Member has a payment window through a link to the web site of the designated bank, which provides the facility. In such a case, the Client would make the payment for Securities purchased by him/her/it by crediting the purchase amount (along with the indicated brokerage amount) directly to the account of the Member with the designated bank by means of a fund transfer on the pay-in date of the relevant exchange. The Member expressly states that the payment gateway mechanism is a service offered by the Banks with whom the Member has established relation for facilitating the transfer of funds between the Client’s account and the Member’s account. The Member expressly excludes liability for consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated saving which may arise in respect of
  (i) the payment gateway services offered by such bank
  
  (ii) the payment Mechanism.
3. The client agrees that the member shall have right, at any time during the subsistence of this agreement, to give any instructions pursuant to any transactions covered under this agreement to the banks with whom it has affiliations or any other arrangement, in respect of the account of the client maintained with such bank. The client agrees that he/she/it shall have no cause of action in respect of any instructions that may be given to the bank in respect of the account maintained with such bank in pursuance of these presents.
4. The client agrees that the Member may, without assigning any reason thereof and without issuing any notice of the same to the client, reveal information available with the Member in the course of the arrangement with the client, to the bank with whom such client maintains bank account pursuant to these presents, and the client shall have no remedy therefrom.
5. The client agrees that in the event the designated bank terminates the agreement with the client in respect of the bank account, for any reason or informs the member or any misdemeanor or transgression by the client in the operation of the account or in any other circumstance resulting in the closure or in operation of the said bank account with the designated bank, the Member may, at its discretion terminate services, and the client shall have no remedy therefrom.
6. The client confirms that the bank account linked to the trading account is a valid bank account of the client.
Communication between Member and Client
1. Documents which be sent by electronic delivery to the parties may be in the form of an electronic mail (including any auto replies from the system of the Member) an electronic mail attachment, or in the form of an available download from the website. The Member shall be deemed to have fulfilled any legal obligation to deliver to the Client any such document if sent via electronic delivery provided however that the notice of termination and physical contract notes specified in the terms here in, shall be in writing.
Communication Equipment and infrastructure of the Client
1. The Client is responsible for installing and maintaining the communication equipment (including personal computers and modems) and telephone or alternative service required for accessing and using the web site or related service. All communication costs, service charges, levies and fees incurred by the Client in accessing the web site or related services will be borne by the Client.
2. For the purpose of these presents, it is presumed that the Client has all the necessary and compatible infrastructure ready at its end for the purpose of accessing the web site of the Member or contacting the phone broking executive of the Member prior to accessing the service provided pursuant to these terms. The Member will not and shall not be under any obligation to assist the Client 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.
3. The Client agrees that the Client shall be responsible for upgrading their software, hardware and the operating system at their cost from time to time so as to be compatible with that of the Member. The Member or the bank shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time and shall be under no obligation to support the software, hardware, operating systems used by the Client and that the same shall be their sole responsibility.
Interruption in service:
1. The Member does not warrant that the service will be uninterrupted or error free. The service is provided in an "as in" 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 client agrees that the Member shall not be held responsible for delays in transmission of orders due to breakdown of the system or failure of communication facilities either due to the fault of the systems of the Member or of the Exchanges or otherwise or for any other delay beyond the reasonable control of the Member.
2. The Client 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 due to any reason whatsoever, including but not limited due 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, any shutting down by the Member of his/her/its system for any reason of the Member disabling the Client from trading on its system for any reason whatsoever.
Transaction Order System

The CLIENT shall transmit his/her/its orders to the MEMBER through the internet over the MEMBER’s web site, or through telephone (as per the predefined procedure of forwarding the order through a phone broking executive) or in such other manner as the MEMBER may permit.
Only Own Order

Internet based trading software uses order routing systems, which will route Authorised Client’s orders, to exchange trading systems, for execution of trades on the Exchange. It is essentially provided to clients who wish to trade on their own behalf. Clients under no circumstances shall use the same to place orders on behalf of multiple clients and thus shall not act as an intermediary. Authorised clients, logging on using a combination of a user id and a password, are allowed to place orders on behalf of himself, and any orders placed on behalf of multiple clients, i.e. other than for own behalf, are treated in violation of the agreement.

Phone Broking Services

The CLIENT is aware that the MEMBER offers to its CLIENTS who are registered on the online trading system, phone broking services for placing the securities dealing orders through phone broking executives over pre-designated telephone numbers. The CLIENT can place securities dealing orders through telephone by confirming his User id allotted to him. The CLIENT shall ensure proper safeguard of the User ID allotted to him and keep his personal details confidential. The CLIENT shall immediately notify the MEMBER in writing, delivered via e-mail and Registered AD, if the CLIENT becomes aware of any loss, theft or unauthorized use of the CLIENT account User Id or any failure by the CLIENT to receive an accurate written confirmation of the execution of an order including the contract note for the same; or any receipt by the CLIENT of confirmation of an order and / or execution which the CLIENT did not place, or any inaccurate information in the CLIENT’s account balances, securities positions, or transactions history. In case where the CLIENT notifies such loss, theft or unauthorized use of the CLIENT’s user id. to the MEMBER, the MEMBER shall suspend the use of the Account of the CLIENT. However, the CLIENT shall be responsible and liable for all transactions that are carried out by the use of the CLIENT User Id and personal details. 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 to the CLIENT or to any other person whose claim may arise through the CLIENT with respect to any of the circumstances described above.

In case of phone broking, the CLIENT shall ensure the availability of funds and securities in his/ her /its accounts intimated to the MEMBER, required for meeting his/her/its pay in obligations, at the time of placing order through phone broking executive. The MEMBER shall not be responsible for any claim, loss, damage arising out of non availability / shortage of funds / securities in the CLIENT’s accounts for meeting the pay in obligation.

Power of Attorney

Bank Account: The CLIENT shall execute a power of attorney for operation of its designated Bank account authorizing the MEMBER to directly operate the Bank account of the Client to the extent necessary to credit and debit the proceeds/dues from the various transactions that are carried out by the MEMBER on behalf of the CLIENT, and also to debit

CD Equisearch Pvt. Ltd., Member of NSE, BSE and MCX-SX
Reg. Office: S.B. Towers, 1st Floor, 37, Shakespeare Sarani, Kolkata 700 017
SEBI Registration Nos.: NSE (Cash) : INB230781137 | NSE (F&O) : INF230781137 | NSE (Currency) : INE230781135 | BSE (Cash) : INB010781133 | BSE (F&O) : INF010781133
MCX-SX Registration No. : INE260781137 (Currency) | MCX-SX (Cash) : INB260781134 | MCX-SX (Derivative) : INF260781134
CD Commo Search Pvt. Ltd., Member of MCX, NCDEX and NSEL
Reg. Office: S.B. Towers, 1st Floor, 37, Shakespeare Sarani, Kolkata 700 017
FMC Unique Membership Code: MCX: MCX/TCM/CORP/0054 | NCDEX: NCDEX/TCM/CORP/0587 | NSEL: 13340

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