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The following should be read carefully and accepted prior to becoming a Constituent
for offline and online trading i.e. for trading availing the facilities and/or any
information, or any part thereof, as the case may be, as may be made available from
time to time on the Web-Site and/or entering into any securities dealings through
the agency of ArthaMoney whether by use of any of the facilities available on the
Web-Site, or by any other means whatsoever. Please read the following, which contains
important information concerning use of the Web Site. The use of the Web Site is
conditional upon and subject to, acceptance of and compliance with, the Terms. And
whereas for offline the Constituent can avail the facilities subject to acceptance
of and compliance with the terms contained herein. If you do not understand and
agree to be bound by all Terms, do not use this Website. If you have any questions
about these terms, Please contact us. Your use of this Website at anytime constitutes
a binding agreement by you to abide by these Terms.
I. PRELIMINARY
I.i Ownership of the Web-Site
(a) ArthaMoney being a broker registered with the Securities and Exchange
Board of having obtained Certificate of Registration No. INB 011290732,INB 231290736
thereby being entitled to effect purchase and sale transactions of securities (hereinafter
referred to as the “Securities Dealings”) offline and online.
I.ii Registration for use of the Facilities and Services
(a) Any person visiting the Web Site may access and use the Facilities
by establishing an online persona with a unique 'Client ID' and 'Password', in the
manner as indicated on the Web-Site. “Facilities” shall mean and include
any information, materials, documents, chat-room facilities, downloads (software
or otherwise), data, stock market quotation ticker tape facilities, and all other
information and utilities contained or accessible on or through the Web Site as
may be provided on the Web Site from time to time, [other than any information directly
required in relation to the Services].
(b) Only persons who enter into an agreement with the Member and who have been provided
with a unique Trading Password for online trading and unique Client Code for offline
trading by the Member in the manner as indicated on the Web-Site for online trading
and give exact code for offline trading respectfully shall be entitled to avail
the Services provided by the Member.
(c) The Terms shall be deemed to form part of the Member-Constituent Agreement and
shall be deemed to be incorporated therein to the same extent as if these provisions
had been set forth in full therein. The Constituent's entitlement to avail the Services
or any part thereof shall be subject to compliance with all the terms and conditions
set forth herein.
II. CONDITIONS OF USE OF THE SERVICES
II.i Subject Matter of the Services
The Services offered by ArthaMoney (hereinafter referred to as the "Member")
include the sale and purchase of dematerialised securities trading (in e-trading
account on the internet and also in off-line trading and delivery of shares in physical
mode wherever the same is traded on off-line on specific direction received by the
'Member' at any of their terminals) in the cash/normal segment of the market [and
shall include trading in derivative products or in the carry forward segment, and
such other services/ products as may be permitted from time to time].
II.ii Order Entry
(a) The Constituent shall be entitled to place an order for the sale or purchase
of any Admitted Security at any time, regardless of the duration of the trading
hours of the Exchage, through e-mail, writing, telephonic placement by the Constituent
or his duly authorised representatives whose particulars has been provided by the
Constituent to the member and on receipt of such instructions those orders shall
be forwarded for the execution.
(b) All orders entered by Constituent, either electronically or otherwise as detailed
above, are based upon their investment decisions and their sole responsibility and
will not hold, nor seek to hold the Member or any of its officers, directors, employees,
agents, subsidiaries or affiliates, liable for any trading losses or other losses
incurred by Constituent, including in the event that any order is placed by the
Constituent on the basis of the Facilities or any information (including any investment
information, advice, research reports, or any other information) that may be made
available on the Web-Site.
(c) The Member shall be deemed to not have received any order whether electronically
transmitted or otherwise until it has confirmed the receipt of such order as mentioned
in sub-clause II.ii (a).
(d) The Constituent agrees that placing an order with the Member, either electronically
or otherwise, does not guarantee execution of the order, regardless of the confirmation
by the Member of the receipt of the order and/or its execution and the Member shall
not be liable for any losses, damage or claims on account of the non-execution of
any order placed.
(e) The Constituent hereby accepts all responsibility for knowing the status of
all corporate benefits like rights and bonus issues, dividends and stock splits
of shares he/she/it intends to trade in or held in his/her/its account. The Constituent
further accepts all responsibility for knowing the correct ISIN numbers of the shares
in his/her/its account and the eligibility of the shares to meet share pay in obligations
to the NSE whether received by way of purchases, rights, bonuses, stock splits,
off market transfers or otherwise.
(f) Prior to placing an order in connection with the sale/purchase or transfer of
any securities in which Constituent requires any form of regulatory or other permission,
the Constituent must advise the Member of the status of the securities and furnish
necessary documents including opinions of legal counsel prior to the execution of
the order. The Constituent acknowledges and accepts that delays may occur in relation
to the processing of such orders, despite the necessary documents being furnished
in a timely manner. The Member may at its sole discretion refuse to execute any
such order till it is satisfied of the legality of the transaction. The Constituent
is responsible for all costs associated with compliance or failure to comply with
all the regulatory requirements and hereby agrees to fully indemnify the Member
from any costs, losses, claims or other liability arising on account of such orders.
II.iii Order Execution
(a) In the event that the order is placed during the trading hours of the
NSE, it shall be routed to and executed on the market system. However, in the event
that the order is placed at any other time, the order shall be routed to and executed
during the next succeeding trading session of the NSE.
(b) The Constituent agrees and appoints the Member as its agent to take all necessary
measures to complete the transactions and hereby authorises the Member to make any
and all advances and expend monies as may be required.
(c) The Constituent acknowledges that whilst orders are normally routed through
the market systems almost simultaneously with the placing of the order, the Constituent
is aware that the Member has provided on the Web-Site a facility for reconfirmation
of orders which are larger than those specified by the Member's risk management
policy and is also aware that the Member has the discretion to reject the execution
of such orders based on such risk management policy. The Member shall not be liable
for any delay or cancellation of any order due to the exercise of the Member's discretion
under such policy.
(d) The Constituent acknowledges and accepts that the Member has the sole discretion
to reject or cancel any order that may be placed by the Constituent for any reason
whatsoever, including for any breach of the Margin requirements as stipulated hereunder
in Paragraph II.vi and the Member shall not be liable for any losses, damage or
claims on account of such rejection or cancellation as the case may be.
(e) The Constituent acknowledges and accepts that the NSE may reject or cancel any
trade suo moto without ascribing any reasons therefor and the Member shall not be
liable for any losses, damage or claims on account of such rejection or cancellation
as the case may be.
(f) The Constituent further acknowledges and accepts that it will receive the price
at which the order was actually executed in the marketplace, which may be different
from the price at which the security was traded when the order was entered into
the Member's system.
(g) The Constituent hereby agrees that Member shall not be responsible or liable
for the execution of any order that may have been placed by the Constituent or any
unauthorised use of the Constituent's Trading Password by any person.
(h) The cancellations or modifications to orders placed is not guaranteed. Cancellation
of orders is possible only if the original order remains pending at the NSE. The
cancellation or modification of an order shall be deemed not to have been executed
unless a confirmation to such effect is received from the Member. The Constituent
agrees that the Member shall not be liable for any losses, damage or claims on account
of the non-execution or delayed execution of an order of cancellation or modification.
Unless otherwise specified by the Member, any order not executed at the end of the
relevant NSE trading day shall stand cancelled. To remove any doubt, it is hereby
clarified that an order placed prior to or during the trading day at the NSE, shall
not remain valid for execution at any subsequent trading day at the NSE.
(i) The Constituent also accepts responsibility for knowing the trading and settlement
cycles of the NSE and the settlements pay in/pay out dates for funds and securities
and in the event any trades or transactions are reported late to the Member on account
of any problems at the Exchange or for whatever reason, the Constituent in turn
will be subject to late reporting of transactions.
(j) Any errors reported to the Constituent for any reason whatsoever will stand
subsequently corrected to reflect the transaction that was effected in the market
and the Constituent agrees that the Member shall not be liable for any damage, loss
or claim in account of such error or correction thereof.
II.iv Purchase of the Admitted Securities
(a) Prior to placing any order for the purchase of any Admitted Security,
the Constituent shall ensure that sufficient cash credit balance is available in
its account with the Member. The Constituent is responsible for all of their orders,
including any orders, which exceed the available cash, credit balances available
to its account and are executed by the Member, inadvertently or otherwise.
(b) Any order accepted and executed, inadvertently or otherwise, without sufficient
cash credit balance will be subject to cancellation or liquidation at the Member's
discretion, unless the Constituent immediately, upon demand by the Member, makes
good the shortfall in the amount as indicated by the Member.
(c) The date for payment in the case of purchase of securities by the Constituent
will be viewed on the day to day basis by the member and the same shall be intimated
by the member to the Constituent either telephonically or otherwise as required
for maintaining the account of outstanding as per NSE rules and the Constituent
shall within two days make up the deficiency of balance and bring it to cash credit
with the reasonable margin to withstand his future transactions within the 'margin'
limit provided herein after on the date intimated by the Member to the Constituent
for the same (the “Intimated Date”) and which may be a date which is
at least [two] working days in advance of the pay in date of the NSE. In the case
where the payment is not made by the Intimated Date, the securities purchased by
the Member on behalf of the Constituent shall be liable to be sold without any further
reference to the Constituent and any loss or damage as a result of such sale would
be borne solely by the Constituent.
II.v Sale of the Admitted Securities
(a) Prior to placing any order for the sale of any Admitted Security, the Constituent
shall ensure that the concerned security is available in sufficient quantity in
its/his/her account with the Member. The Constituent is responsible for all of their
orders, including any orders, which exceed the available quantity of the relevant
security and are executed by the Member, inadvertently or otherwise.
(b) The Constituent agrees and hereby authorises the Member to block as sold the
relevant securities, as standing to its/his/her account, against its/his/her order
to sell securities. If its/his/her order gets executed either fully or partially
then the securities to the extent sold, would be unblocked on the trade date and
the transaction would be effected. The Constituent agrees that it/he/she shall not
withdraw/pledge or otherwise use or attempt to withdraw/pledge or otherwise use,
the blocked securities. The Constituent hereby authorises the Member to dishonour
any orders issued against the blocked security.
(c) The Constituent acknowledges and agrees that the proceeds of the sale will not
be credited to the cash credit balance account of the Constituent until the securities
have been delivered to the NSE/clearing house and pay out is received from the NSE/clearing
House. The proceeds of all sales will be credited, to the cash credit balances account
of the Constituent as maintained by the Member, directly after settlement date.
(d) If the securities are not received on or before the settlement date or securities
received are not in deliverable state or due to any other reason whatsoever, the
Constituent is not able to deliver securities, the securities will be auctioned
or closed out as per the rules of the NSE. Consequently, the Constituent will be
responsible for any resulting losses and all associated costs including any penalty
levied by the NSE.
II.vi Margins
(a) The Constituent shall maintain such quantity of securities and such
amount of cash credit balances (hereinafter referred to as the “Margin”)
as required by the applicable statutes, rules, regulations, procedures or as deemed
necessary or advisable by the Member, provided that the Margin shall not at any
time be less than [20%] of the price of the Admitted Securities proposed to be purchased
or sold. The Constituent agrees that no interest shall be payable on the Margin
as maintained with the Member. The Constituent shall be permitted to trade upto
a predetermined number of times of the Margin and the quantum of such multiple shall
be determined at the sole discretion of the Member.
(b) The margin requirement and squaring up process for offline and online trading
is different, the margin in online account will not be considered in the offline
account and vice-versa unless specifically directed by Constituent. The accounting
process for both accounts is different and is independent of each other.
(c) In case there is any change in policy relating to Risk Management pertaining
to margin requirement and squaring up process the same would be reflected to the
user and at the registered office and terminals of the member and the onus is on
the the Constituent to keep check, understand, and agree with the Risk Management
policy pertaining to margin requirement and squaring up process from time to time.
(d) The Constituent shall also remain in touch with the member to keep a regular
check on his account and margin requirements, for maintaining sufficient margin
with the member to undertake any transaction in his a/c in off line and online trading.
If the Member considers it necessary for its own protection, it may require the
Constituent to immediately on demand deposit cash or securities to their account
prior to any applicable settlement date in order to assure due performance of their
open contractual commitments. If Constituent does not provide such additional cash
or securities, the Constituent hereby grants to the Member the right to sell any
or all securities extant in their account, buy any or all relevant securities which
may be short in their account, cancel any or all open orders and/or close any or
all outstanding contracts.
(e) In addition, Constituent acknowledges and agrees that the Member may exercise
any or all of the above rights, prior to or without any demand, for additional cash
or securities, or notice of sale or purchase, or other notice or intimation. Any
such sales or purchases may be made at any time at the sole discretion of the Member
on any market where such business is usually transacted, or at public auction or
private sale, or the Member may purchase/sell for its own account. The making/giving
of any prior demand or call or notice of the time and place of such sale or purchase
shall not be considered as a waiver of any rights of the Member to sell or buy without
any such demand, call or notice, at that time or at any time subsequently.
(f) In addition to the above, if the Constituent does not credit its cash or securities
account as maintained with the Member, to make up any shortfall in the Margin, instantaneously,
to enable restoration of the Margin in Constituent's account, the position of the
Constituent may be squared off by the Member, without any further reference to the
Constituent and without prior notification, and any resultant or associated losses
that may occur due to such squaring off shall be borne by the Constituent, and the
Member is hereby fully indemnified and held harmless by the Constituent in this
behalf.
In case where the payment by the Constituent towards the Margin is made through
a cheque issued in favour of the Member, any trade would be executed by the Member
only upon the realisation of the funds of the said cheque.
II.vii Confirmations and Contract Notes
(a) The Constituent is required to ascertain the status of its/his/her
order (including any rejection of the same) which would be posted on the relevant
sections of the Web-Site or the Constituent may enquire the balance as maintained
by member or the member shall keep sending the details of contract notes and the
status of his account on fortnight basis wherever the Constituent is availing the
services of the member”off-line'from any terminals of the member.
(b) Constituent understands that it is its/his/her responsibility to review, upon
first receipt, whether delivered to Constituent by mail, by e-mail, or other electronic
means, all confirmations, statements, notices and other communications, including
but not limited to, margin, maintenance calls, and prospectuses. Notices and other
communications may also be provided to Constituent verbally, in writing or by other
means.
(c) The Member shall deliver to the Constituent via email or other electronic means
or otherwise a contract note of the trades executed on their behalf on the trade
date, or should post such information on the website, within 24 hours of the execution
of the order. The contract note shall be final and binding proof of the order placed
by the Constituent and confirmation of trade, regardless of any apparent or inadvertent
errors.
(d) All information contained in any confirmation, contract note or other communications
shall be binding upon the Constituent in relation to all trades/transactions, whether
the orders are given by the Constituent through the Web-Site or by telephonic means
or otherwise.
II.viii Charges
(a) The Constituent agrees to pay the brokerage charges, NSE related charges, statutory
charges/taxes and any other charges (including but not limited to security handling
charges on settlement) as they exist from time to time and as they apply to the
Constituent's account, in respect of trades/transactions and services that the Constituent
receives from the Member. The brokerage shall be paid in the manner intimated by
the Member to the Constituent from time to time, including as a percentage of the
value of the trade or as a flat fee or otherwise, together with the service tax/securities
transaction tax as may be applicable from time to time on the same. The Constituent
further agrees to pay any applicable taxes that may be levied on the transaction.
(b) The Member shall debit the charges of the depository participant for the trades
and the bank charges for the realisation of cheques etc. to the Constituent account.
(c) Notwithstanding anything contained in these Terms, any amounts which are overdue
from the Constituent to the Member will be charged delayed payment charges at the
rate of [2%] per month or such other rate as may be determined by the Member and
notified on the web site and the Constituent hereby authorises the Member to directly
debit the same to the account of the Constituent.
II.ix Constituent/Clients Cash Credit and Securities Accounts
(a) The Member shall maintain such books of account in such manner so as
to show and distinguish in connection with its business as a trading member broker
the moneys and securities received from or on account of each of the Constituents,
and the moneys and securities received on its own account.
(b) The Constituent is required to ascertain all ledger balances of moneys and securities
standing to its credit, which would be posted only on the relevant sections of the
web site, and no separate intimation of the ledger balances of the Constituent in
his account would be sent to the Constituent either physically or electronically
unless specifically requested in writing by the Constituent. The information as
contained in the ledger balances shall be binding upon the Constituent and the Constituent
hereby agrees that the Member shall not be liable for any loss, damage or claim
on account of any error in the information contained in the ledger balances.
(c) All payments in respect of transaction made by the Constituent to the company
shall be payable at Mumbai or such other places as may be instructed by the Member,
drafts and cheques in that behalf shall be drawn in favour of the company and shall
be payable at Mumbai or such other places as may be instructed by the member from
time to time. Final settlement of outstanding account in respect of transactions
between the Member and Constituent and periodical settlement and termination of
contract shall be struck and finalised at the company Head Office at Mumbai.
(d) The Constituent hereby authorises and empowers members to adjust all the debts/credits
(funds/stocks) resulting from trading transactions in any of the following segment
of NSE/BSE vis-à-vis F&O, Equity, Depository with any cash segment (equity)
account and vice-versa in order to discharge any financial liability/obligation
towards in any segment.
(e) That the Constituent authorises the trading member to maintain a running account
for me/us/we for adjustment of any debit/credit resulting from any transactions
by it/him/her in one settlement for adjustment towards it/her/his credit/debit in
subsequent settlements.
(f) All transactions with The Stock Exchange, Mumbai (BSE) and/or the National Stock
Exchange of India Limited (NSE) will be subject to the rules, regulations and Bye-laws
of that Exchange apart from the existing terms and conditions as mentioned thereof.
(g) To avoid any ambiguity it is hereby provided that notwithstanding anything contained
in these Terms or in the Member-Constituent Agreement or any other understanding
or agreement between the Member and Constituent, the Member's own records of the
orders, cancellations, modifications, trades and transactions, in whatsoever manner
maintained shall be deemed to be and is hereby accepted by the Constituent as conclusive
and binding on the Constituent for all purposes and further the Constituent shall
not challenge the accuracy, truth, or correctness of the said records in any manner
and for any purpose whatsoever.
II.x Further Documentation
The Constituent agrees to complete any further documentation that may be
required in relation to any of the securities dealings or by any of the regulatory
authorities or under the Member's policies as may be notified from time to time
or under any law, regulation, guideline, rule, byelaw, order or other edict having
the force of law.
II.xi Compliance with Laws
All transactions that are carried out by and on behalf of the Constituent shall
be subject to Government notifications, the rules, regulations and guidelines issued
by SEBI, the Reserve Bank of India and the National Securities Depository Limited,
the Central Depository Services Limited, the Securities Contracts Regulation Act
and the rules made there under, and the byelaws, constitution, rules, regulations,
customs and usage of the NSE, if any.
III. ADDITIONAL CONDITIONS IN RELATION TO ELECTRONIC ORDERS
III.i List of Dematerialized Securities
The Member shall notify the securities for which this facility is made available
from time to time on the Web Site. The Member would have the right to add or delete
securities for which the facility is made available in its absolute discretion and
details of the same would be posted on the Web Site and no separate intimation whatsoever
thereof will be sent to the Constituent.
III.ii Protection of Constituent/Client's Trading Password
The Constituent shall immediately notify the Member in writing, delivered
via e-mail, Speed Post and Registered AD, if the Constituent becomes aware of any
loss, theft or unauthorised use of the Constituent's Trading Password and account
number; or any failure by the Constituent to receive an accurate written confirmation
of an execution including the contract note for the same; or any receipt by the
Constituent of confirmation of an order and/or execution which the Constituent did
not place; or any inaccurate information in the Constituent's account balances,
securities positions, or transaction history. In the case where the Constituent
notifies such loss, theft or unauthorised use of the Constituent's Trading Password
to the Member, the Member shall suspend the use of the account of the Constituent.
However, the Constituent shall be responsible and liable for all transactions that
are carried out by the use of the Constituent Trading Password. When any of the
above circumstances occur, neither the Member nor any of its officers, directors,
employees, agents, affiliates or subsidiaries will have any responsibility or liability
to the Constituent or to any other person whose claim may arise through the Constituent
with respect to any of the circumstances described above.
III.iii Use of Constituent/Client's Trading Password
The Constituent confirms and agrees that it will be the sole authorised user of
the Trading Password /s to be given to it by the Member. The Constituent accepts
sole responsibility for use, confidentiality and protection of the Trading Password
/s as well as for all orders and information changes entered into the Constituent's
account using such Trading Password. The Constituent shall ensure that the Trading
Password /s is/are not revealed to any third party or recorded in any written or
electronic form. If the Constituent forgets the Trading Password, a request for
change of the Trading Password should be sent to the Member in writing. On receipt
of such a request the Member shall discontinue the use of the old Trading Password
and shall generate a new Trading Password for the Constituent, which shall be communicated
to the Constituent. However, the Constituent shall be responsible and liable for
all transactions that are carried out by the use of the old Trading Password. Neither
the Member nor any of its officers directors employees agents affiliates or subsidiaries
will have any responsibility or liability. In addition, the Constituent hereby grants
to ArthaMoney the right to with-hold its/he/her securities payment and/or funds
pay-out from the stock exchange in part or full.
III.iv Form of Trading Password
The Constituent shall use a Trading Password of 6-8 characters in length,
which is a combination of letters and numbers. The Trading Password shall not be
a combination relating to name or age or other personal information, which would
render it easily deducible. The Trading Password shall be valid for a period of
one month only. In the case where the Constituent wishes to change his Trading Password
he can do so on the Web Site in the prescribed manner.
III.v Recording of Trading Password
The Constituent shall memorise the Trading Password and not record it in written
or electronic form. In the event that the Constituent does record the Trading Password
in written or electronic form, he/she/it shall do so at his/her/its sole risk and
responsibility.
III.vi Responsibility for Use of the Trading Password
Any order entered using the Trading Password is deemed to be that of the
Constituent. If third parties gain access to the Member's services through the use
of the Trading Password, the Constituent will be deemed to be responsible for the
same and hereby indemnifies and holds harmless the Member against any liability,
costs or damages arising out of claims or suits by or against such third parties
based upon or relating to such access and use, since the primary responsibility
for such transaction shall be that of the Constituent.
III.vii Communications Equipment of the Constituent/Client
The Constituent is responsible for installing and maintaining the communications
equipment (including personal computers and modems) and telephone or alternative
services required at the Constituent's end and connectivity required for accessing
and using the web site or related services. All communications service charges,
levies and fees incurred by the Constituent in accessing the web site or related
services will be borne by the Constituent.
III.viii Constituent/Client's Infrastructure
For the purposes of these Terms, it is presumed that the Constituent has all the
necessary and compatible infrastructure ready at its end for the purpose of accessing
the web site of the Member prior to accessing the services provided pursuant to
these Terms. The Member will not (and shall not be under any obligation to) assist
the Constituent in installing the required infrastructure or obtaining the necessary
equipment permits and clearances to establish connectivity or linkages to the web
site of the Member.
III.ix Prevention of Unauthorized Use
The Constituent will install the necessary safeguards and access restrictions
to prevent unauthorised use of Constituents computer systems and ensure that no
unauthorised person can gain access to the computer systems.
IV. ADDITIONAL CONDITIONS IN RELATION TO ORAL ORDERS ON-LINE AND OFF-LINE
(a) The Constituent agrees and hereby authorises the Member at its sole
discretion and without any prior notice to the Constituent, to record any conversation
between the Constituent and the Member. Such recording shall be deemed to be and
is hereby accepted by the Constituent as conclusive and binding on the Constituent
for all purposes and further the Constituent shall not challenge the accuracy, truth,
or correctness of the said records in any manner and for any purpose whatsoever.
(b) The Constituent hereby agrees that the Member shall not be liable for any losses,
damage or claim on account of transactions effected by the Member on behalf of the
Constituent arising from any incorrect or erroneous transfer or collection of the
order instructions from the Constituent.
V. ADDITIONAL CONDITIONS IN RELATION TO MONEY MANAGER SERVICES
V .i The Constituent agrees to license to the Member and its technology
partner Yodlee, Inc. (hereinafter referred to as “Technology Partner”),
any information, data, passwords, materials or other content (hereinafter referred
to as “Information”) provided by the Constituent for the services hosted
by Technology Partner on the Website. Member and Technology Partner may use, modify,
display, distribute and create new material using such Information to provide the
services to the Constituent. The submission of the Information by the Constituent
shall imply the acceptance from the Constituent for use by the Member and Technology
Partner of such Information provided by the Constituent for the purposes of the
Money Manager Services. The Member shall be permitted to use the Information in
accordance with the terms of the privacy policy of the Member. The Technology Partner
shall use the Information only for the purposes set forth in this Agreement.
V .ii The Constituent agrees to provide true, accurate, current
and complete information about the Constituent and the accounts maintained by the
Constituent at other web sites. The Constituent agrees not to misrepresent his/her/its
identity or account information. Constituent agrees to keep his/her/its account
information updated and accurate.
V .iii The Constituent shall not copy, reproduce, distribute, or
create derivative works from the content made available through any of Services
offered by the Member including the Money Manager Service. Further, the Constituent
agrees not to reverse engineer or reverse compile any of the service technology,
including but not limited to, any Java applets associated with any of Services offered
by the Member including the Money Manager Service.
V .iv The Constituent authorises the Member and Technology Partner
to access third party sites designated by the Constituent, on his/her/its behalf,
to retrieve information requested by the Constituent, and to register for accounts
requested by the Constituent. For all purposes hereof, the Constituent hereby grants
the Member and Technology Partner a limited power of attorney, and hereby appoints
the Member and Technology Partner as his/her/its true and lawful attorney-in-fact
and agent, with full power of substitution and resubstitution, for the Constituent
and in his/her/its name, place and stead, in any and all capacities, to access third
party internet sites, servers or documents, retrieve information, and use your information,
all as described above, with the full power and authority to do and perform each
and every act and thing requisite and necessary to be done in connection with such
activities, as fully to all intents and purposes as you might or could do in person.
The Constituent acknowledges and agrees that when the member or Technology Partner
accesses and retrieves information from third party sites, the member and Technology
Partner are acting as his/her/its agent, and not as agents or service providers
of the third party. The Constituent agrees that third party account providers shall
be entitled to rely on the foregoing authorization, agency and power of attorney
granted by the Constituent. The Constituent also understands and agrees that the
Service is not endorsed or sponsored by any third party account providers including
banks or other financial institutions.
V .v The Constituent agrees that Technology Partner is a third
party beneficiary of the provisions under this Agreement, with all rights to enforce
such provisions as if Technology Partner were a party to this Agreement.
V .vi The Money Manager pricing decision and limits shall be at
the sole discretion of the company and the company reserves the right to modify,
or change the same as it deems fit without any prior intimation.
VI. MEMBER CONSTITUENT COMMUNICATIONS
VI.i Form of Communication
Documents, which may be sent by electronic delivery between the parties,
may be in any of the following manners (a) an electronic mail ('e-mail') including
any automated replies from the system of the Member, (b) an electronic mail attachment,
or (c) in the form of an available download from the web site. (d) by telephonic
information duly recorded. (e) by courier containing details of transaction confirmations,
account statements requisition of any delivery related documents on the last known
address of the Constituent.
VI.ii Change of Address
Unless the Constituent informs the Member of the change of the address for communication
in writing, all notices, circulars, communication or mail sent to the existing address
shall be deemed to have been received by the Constituent irrespective of whether
they are actually received or not.
VI.iii Notices/ Policies
Certain policies and/or procedures may be further outlined on the Member's
web site and material/literature and frequently asked questions (FAQ's) may be provided
to the Constituent.
Through the use of the Member's web site and services, the Constituent agrees to
be bound by any and all such notices, policies and terms of doing business.
VII. TERMINATION
(a) The Member-Constituent Agreement and access to the use of the Web-Site, the
Services, the Facilities and the Content may upon notice of one month be terminated
by mutual consent of the Constituent and the Member.
(b) The termination of the Member-Constituent Agreement and access to the use of
the Web-Site, the Services, the Facilities and the Content will not affect the rights
and/or obligations of either the Member or the Constituent incurred prior to the
date of such termination and the parties shall enjoy the same rights and shall have
the same obligations in respect of such transactions.
VIII. MISCELLANEOUS INFORMATION
VIII.i Facilities and Web Content
(a) The Constituent acknowledges and agrees that each participating stock exchange
or association or agency asserts a proprietary interest in all of the market data
it furnishes to parties that disseminate the said data. The Constituent shall use
real-time quotes received on the web site of the Member only for the Constituent's
individual use and shall not furnish such data to any other person or entity. The
Constituent is authorised to use materials which are made available by the Member's
web site for the Constituent's own needs only, and the Constituent is not authorised
to resell access to any such materials or to make copies of any such materials for
sale or use to and by others. The Constituent shall not delete copyright or other
intellectual property rights notices from printouts of electronically accessed materials
from the Member's web site.
(b) All materials published on the Web-Site, including, without limitation, information,
text, photographs, images, graphics, software, audio, and video and/or other visual
reproductions (hereinafter referred to as the “Content”) are intended
solely for personal, non-commercial use. All rights pertaining to the Content or
any part thereof shall vest only in the relevant owners of the same and no other
person may modify, publish, transmit, participate in the transfer or sale of, reproduce
(except as provided herein), create derivative works from, distribute, perform,
display or in any way exploit, any of the Content, in whole or in part.
(c) All Content is owned or controlled by or the party credited as the provider
of such Content. The Content, and the entire Web-Site, including without limitation
all materials published by and all postings on the Web-Site may be protected by
copyright pursuant to Indian copyright laws, international conventions, and other
copyright laws. Artha Money owns a copyright in the selection, coordination, arrangement
and enhancement of such Content, as well as in the original component of the Content
itself. All persons visiting and/or using any of the Facilities on the Web-Site
or viewing any of the Content thereof (hereinafter such person shall be referred
to as the “Visitor”, which term shall mean and include the Constituent
in relation to any use of the Facilities and Content) shall abide by all copyright
notices, conventions, and other copyright laws. The Visitor shall abide by all copyright
notices, information or restrictions contained in any Content accessed by or through
the Web-Site. Reproduction of the Web-Site site, in whole or in part, without the
prior written permission of is strictly prohibited.
(d) To the extent that any part of the Content may be downloaded or copied, the
same may be done only for personal non-commercial purpose(s) and use(s), and provided
that all copyright and other notices contained in such Content are faithfully maintained
and the Content shall not be stored in any media other than in the Visitor's personal
computer. In the event any software is downloaded from the Web-Site, such software,
including without limitation any files, images incorporated in or generated by the
software, and data accompanying the software, are licensed to the Visitor by for
personal, non-commercial use and viewing only. The software may not be redistributed,
sold, decompliled, reverse engineered or otherwise reduced to a human perceivable
form. Artha Money retains full and complete title and rights to all intellectual
property in Web Site.
(e) Artha Money shall not be liable for truth, accuracy or completeness of the information
or for any errors, mistakes or omissions therein or for any delays or interruptions
of such information for whatever cause. It is expressly understood and agreed to
by the Visitor that except as specifically provided herein, all warranties, express
or implied, including any implied warranties or merchantability and/or fitness for
a particular purpose, are hereby excluded.
(f) Artha Money reserves the right, by itself or through third parties, to host,
run and maintain any or all computers, servers, software and other equipment necessary
to provide the services, anywhere within or outside India.
VIII.ii Third Party Providers/Links
The Web Site may contain links to other web sites on the World Wide Web.
Artha Money is not responsible for their resources or their content or the availability
thereof.
VIII.iii Submissions
(a) The Visitor shall remain solely responsible for all submissions on and to the
Web Site. Artha Money is not responsible for the content or message of any submissions.
The Member does not guarantee, and makes no formal representation or warranty as
to, the accuracy, veracity or completeness of any information provided by others
in any portion or page of the Web-Site, nor does Artha Money necessarily endorse,
support, sanction, encourage, verify, agree with, or reject, diminish or disagree
with, the comments, opinions or statements posted by others on the Web-Site.
(b) While does not and cannot review every message posted or item submitted to/on
the Web-Site, Artha Money reserves the right, in its sole discretion, but assumes
no duty, to delete, move, or edit submissions that it deems false, inappropriate,
abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise
unacceptable, and the Visitor expressly acknowledges and accepts that its submissions
may be edited, removed, modified, published, re-published, transmitted and displayed
by in its sole discretion.
(c) The Web Site and its Facilities including the discussion groups and chat rooms
shall be used only in a non-commercial manner. No part of the Web Site, discussion
groups and/or chat rooms shall be used to solicit Visitors to become users of commercial
online information services or for any other commercial services. The Visitor shall
not disrupt or interfere with any aspect or element of the Web Site nor shall the
Visitor do anything, which, in the sole judgment of , will restrict or inhibit any
other Visitor from using and enjoying the Web Site and/or any of its Facilities.
The Visitor shall not, without the express written approval of , post or otherwise
distribute any material containing any solicitation of funds, advertising or solicitation
for goods or services. The Visitor shall not copy third party articles into the
chat rooms or discussion groups available on the Web Site. No Visitor shall tout
or hype a stock or company, or post the same note on multiple occasions in a single
day (a practice known as 'spamming'). The Visitor shall not upload to, or otherwise
submit or publish through, the Web-Site any content or material which is libelous,
defamatory, obscene, pornographic, abusive, or hateful, or which invades anyone's
privacy, encourages conduct that would constitute a criminal offense, or otherwise
violates any third party rights or local, state, federal or international law or
regulation.
(d) Those Visitors with formal connections or affiliations to or with a company
being discussed in any forum, including among other things any and all positions
of employment, directorships, consultancies and/or substantial share holdings, must
identify themselves as such, and disclose such connection or affiliation, within
their first post in that topic, company focus, or subject matter.
(e) The author or creator of any and all submissions in print or other forms or
other uploads to the discussion groups and/or chat rooms, transfers and assigns
to , by virtue of submission to the Web-Site and this agreement, the entire copyright,
throughout the universe, in any and all media and forms of publication, reproduction,
transmission, distribution, performance, or display, The provisions of this agreement
shall always be subject to government notifications, and rules, regulations &
guidelines issued by SEBI & stock exchange rules, regulations & bye-laws
that may be in force from time to time & the securities contract regulation
Act. The Rules thereunder and any other applicable statutory provisions and/or regulations.
Now in existence or hereafter developed, in such work or other original materials;
without separate, retained or reversionary rights being held by such author, creator
or other person submitting such work. Artha Money may exercise the rights granted
herein in such from as it may in its sole discretion determine; such that the submitted
material may be published, reproduced, reprinted, distributed, performed, displayed,
included in anthologies and compilations, and/or otherwise transmitted (including
but not limited to electronic and optical versions and in any other media now in
existence or hereafter developed) in whole or in part, whether or not combined with
the work of others. In addition, Artha Money may use the name and electronic address
of the author, creator and/or other person submitting the work in publishing, promoting,
advertising, and publicizing their publications and information products and services,
and in any merchandising.
VIII.iv Warranties of Constituent
(a) The Constituent hereby represents and warrants that the terms and conditions
of these Terms have been clearly understood and that the information furnished to
the Member is accurate and truthful.
(b) The Constituent confirms that it/he/she is of legal age and he/she/it has obtained
the necessary approvals from the relevant regulatory/ legal and compliance authorities
to access the services provided pursuant to these Terms.
VIII.v Indemnity
(a) Though orders are generally routed to the marketplace shortly after the time
the order is placed by the Constituent on the system there may be a delay in the
execution of the order due to any link/system failure at the Constituent/Member/NSE's
end. The Constituent hereby agrees to indemnify and protect and hold harmless the
Member, Technology Partner and their affiliates from any and all third party claims,
liability, damages, expense and costs, (including, but not limited to, reasonable
attorneys fees) caused by or arising from use of the Service by the Constituent,
violation of the terms of this Agreement or infringement by any other person of
the Constituent’s account, or other right of anyone. The Constituent agrees
that the Member shall not be liable for any loss, actual or perceived, caused directly
or indirectly by government restriction, exchange or market regulation, suspension
of trading, war, strike, equipment failure, communication line failure, system failure,
security failure on the Internet, shut down of systems for any reason (including
on account of computer viruses), unauthorized access, theft, any fraud committed
by any person whether in the employment of the Member or otherwise or any problem,
technological or otherwise, that might prevent the Constituent from entering the
Member's system or from executing an order or in respect of other conditions.
(b) The Constituent further agrees that he/she/it will not be compensated by the
Member for any "lost opportunity' viz. notional profits on buy/sell orders which
could not be executed or real loss from delay in executed orders due to any reason
whatsoever, including but not limited to time lag in the execution of the order
or the speed at which the system of the Member or of the Exchanges is operating
or the delay in stock quotes or any shutting down by the Member of his system for
any reason or the Member disabling the Constituent from trading on his system for
any reason whatsoever.
VIII.vi Member's Liability
(a) Under no circumstances, including but not limited to negligence, shall
the Member or anyone involved in creating, producing, delivering or managing the
Services be liable for any direct, indirect, incidental, special or consequential
damages, even if the Member or such person has been advised of the possibility of
such damages, that result from the use of or inability to use the service, delay
in transmission of any communication, in each case for any reason whatsoever (including
on account of breakdown in systems) or out of any breach of any warranty or due
to any fraud committed by any person whether in the employment of the Member or
otherwise.
(b) The Constituent agrees to fully indemnify and hold harmless the Member for any
losses arising from the execution of incorrect/ ambiguous or fraudulent instructions
that got entered through the system at the Constituent's end.
VIII.vii Limitation of liability
The Member does not guarantee, and shall not be deemed to have guaranteed, the timeliness,
sequence, accuracy, completeness, reliability or content of market information,
or messages disseminated to the Constituent. The Member shall not be liable for
any inaccuracy, error or delay in, or omission of, (1) any such data, information
or message, or (2) the transmission or delivery of any such data, information or
message; or any loss or damage arising from or occasioned by (i) any such inaccuracy,
error, delay or omission, (ii) non-performance, or (iii)interruption in any such
data, information or message, due either to any act or omission by the Member or
to any "force majeure" event. Member, Technology Partner nor any of their affiliates,
account providers or any of their affiliates shall be liable for any loss or damage
including direct, indirect, incidental, special, consequential or exemplary damages,
but not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if Member or Technology Partner has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to use the Service;
(ii) the cost of getting substitute goods and services, (iii) any products, data,
information or services purchased or obtained or messages received or transactions
entered into, through or from the Service; (iv) unauthorized access to or alteration
of your transmissions or data; (v) statements or conduct of anyone on the service;
(vi) the use, inability to use, unauthorized use, performance or non-performance
of any third party account provider site, even if the provider has been advised
previously of the possibility of such damages; or (vii) any other matter relating
to the Service.
VIII.viii Disclaimer of Warranties
The Constituent expressly agrees and understands that:
USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT
OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT THE CONSTITUENT’S
SOLE RISK. THE MONEY MANAGER SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MEMBER AND TECHNOLOGY PARTNER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND
AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT
OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT.
MEMBER AND TECHNOLOGY PARTNER MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET THE
CONSITUENT’S REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CONSTITUENT
THROUGH THE SERVICE WILL MEET THE CONSTITUENT’S EXPECTATIONS, OR (IV) ANY
ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CONSTITUENT FROM
THE MEMBER OR TECHNOLOGY PARTNER OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS.
VIII.ix Interruption in service
The Member does not warrant that the service will be uninterrupted or error
free. The service is provided on an "as is" and "as available" basis without warranties
of any kind, either express or implied, including, without limitation, those of
merchantability and fitness for a particular purpose. The Constituent agrees that
the Member shall not be held responsible for any breakdown of the system either
due to the fault of the systems of the Member or of the Exchanges or otherwise.
VIII.x Amendment/ Modification of the Terms
The Member may at any time amend these Terms, by modifying or rescinding
any of the existing provisions or conditions or by adding any new provision or condition,
by conspicuously posting notice of such amendment on the web site. The Member shall
not be required to communicate any modification or rescission to the Constituent
either through physical or electronic form, and any notice of amendment or modification
is hereby waived by the Constituent. The continued use of the services of the Member
after such notice will constitute acknowledgement and acceptance of such amendment.
These Terms (as amended or modified from time to time) represent the entire agreement
between the Constituent and the Member concerning the subject matter hereof. The
continued use of the Services by the Constituent onstitutes the Constituent's acceptance
of any and all modifications and amendments of the Terms.
VIII.xi Severability
If any provisions or of these Terms are held invalid or unenforceable by reason
of any law, rule, administrative order or judicial decision by any court, or regulatory
or self-regulatory agency or body, such invalidity or unenforceability shall attach
only to such provision or terms held invalid. The validity of the remaining provisions
and terms shall not be affected thereby and these Terms shall be carried out as
if any such invalid or unenforceable provisions or terms were not contained herein.
VIII.xii No Assignment
The rights of the Constituent under these Terms are not transferable under
any circumstances and shall be used only by the Constituent.
VIII.xiii Authorised Representative
The instructions issued by an authorised representative of the Constituent
shall be binding on the Constituent in accordance with the letter authorising the
said representative to deal on behalf of the Constituent.
VIII.xiv Death or Insolvency
In the event of death or insolvency of the Constituent or of its otherwise becoming
incapable of receiving and/or paying for or delivering or transferring securities
which the Constituent has ordered to be bought or sold, the Member may close out
the transaction of the Constituent and the Constituent or its legal representative/s
or nominee/s shall be liable jointly or severally for any losses, costs and be entitled
to any surplus which may result there from.
VIII.xv Dispute Resolution
(a) The Member and the Constituent are aware of the provisions of the bye
laws rules and regulations of the NSE relating to the resolution of the disputes/differences
through the mechanism of arbitration provided by the Exchanges and agree to abide
by the said provisions insofar as any disputes under these Terms relate to transactions
that are to be carried out on the exchanges.
(b) In so far as any other disputes or differences in connection with these Terms
or their performance (other than the disputes referred to in Paragraph VII.ivx(a)
above) are concerned such disputes shall, so far as it is possible, be settled amicably
between the Parties and in the case where after 30 days of consultation, the parties
have failed to reach an amicable settlement, such disputes shall be submitted to
arbitration and such arbitration shall be conducted in accordance with the Indian
Arbitration and Conciliation Act, 1996 (the “Arbitration Act”) by an
panel consisting of a sole arbitrator. The Member and the Constituent expressly
consent and agree that the Chairman, shall be the persona designate to appoint the
dais sole arbitrator. The venue of arbitration shall be Delhi and each party shall
bear the cost of arbitration equally unless otherwise awarded by the sole arbitrator.
(c) The member maintains offices at different places within the knowledge of the
Constituent and the Constituent shall have all transaction with the principle office,
but they may also avail facility at its branches as well. Branch Managers shall
also have the power to recover payments or make the payments on behalf of the principles
to such Constituents after obtaining the instruction in this behalf and may give
acknowledgement of such transaction on behalf of the head office. However all transaction
may be entered at branches shall be treated as transaction being done with the principle
office and all information shall remain with the Member at New Delhi.
VIII.xvi Foreign Jurisdiction
This service does not constitute an offer to sell or a solicitation of
an offer to buy any shares, securities or other instruments to any person in any
jurisdiction where it is unlawful to make such an offer or solicitation. This service
is not intended to be any form of an investment advertisement, investment advice
or investment information and has not been registered under any securities law of
any foreign jurisdiction and is only for the information of any person in any jurisdiction
where it may be lawful to offer such a service. Further, no information on the Web
Site is to be construed as a representation with respect to shares, securities or
other investments regarding the legality of an investment therein under the respective
applicable investment or similar laws or regulations of any person or entity accessing
the Web Site.
VIII.xvii General
(a) Notwithstanding anything contained in these Terms or in the Member-Constituent
Agreement, Member retains its right to:
(i) In its sole discretion to alter, limit or discontinue the Website or any Material/s
in any respect. Artha Money shall have no obligation to take the needs of any user
into consideration in connection therewith.
(ii) Deny in its sole discretion any user access to this Website or any portion
thereof without notice.
(b) No waiver by of any provision of this Agreement shall be binding except as set
forth in writing signed by its duly authorised representative.
VII.xviii Other General Terms and Conditions.
(a) The Constituent agrees to abide by the Artha Money Terms and Conditions
and rules in force and changes in Terms and Conditions from time to time relating
to their account.
(b) The Constituent agrees that the Artha Money will be at liberty to close their
account any time without assigning any reason whatsoever.
(c) The Constituent agrees that the Artha Money can, at its sole discretion, withdraw
any of the services/facilities given in their account either wholly or partially
at any time without giving them any notice.
(d) The Constituent agrees that any change in their account status or change of
address will be immediately informed to the Artha Money.
(e) The Constituent agrees that all instructions relating to their account will
be issued in writing satisfactory to the Artha Money in form and content.
(f) The Constituent agrees that they shall not pay any amount in cash to any Sales
Representative of the Artha Money at the time of opening an account or carrying
out any transaction in the normal course of the business.
(g) The Constituent agrees to accept the format provided by the Artha Money in order
to execute their fax instructions to the Artha Money.
(h) The Constituent agrees that the Artha Money will send them communications/letters
etc. through courier / messenger/mail or through any other mode at its discretion
and the Artha Money shall not be liable for any loss or delay arising there from.
(i) The Constituent agrees that the Pass Words will be dispatched by courier (or
any other mode at the Artha Money discretion) at their risk and consequence.
(j) The Constituent shall not hold the Artha Money liable in any manner what so
ever in respect of such dispatch of these items.
(k) An account may be opened on behalf of a minor by his/her natural guardian or
by a guardian appointed by a court of Competent Jurisdiction. The guardian shall
represent the minor in all transactions of any description in the above account
until the said minor attains majority. Upon the minor attaining majority, the right
of the guardian to operate the account shall cease. The guardian agrees to indemnify
the Artha Money against the claim of above minor for any withdrawal/transactions
made by him in the minor's account.
(l) The Constituent agrees and undertakes to ensure that there would be sufficient
funds/cleared balance/pre-arranged credit facilities in their account for effecting
transactions. The Constituent agrees that the Artha Money shall not be liable for
any consequences arising out of non-compliance by the Artha Money of my instructions
due to inadequacy of funds and the Artha Money can at its sole discretion decide
to carry out the instructions notwithstanding the inadequacy of funds. There Artha
Money may do the aforesaid without prior approval from or notice to them and they
shall be liable to repay with interest the resulting advance, overdraft or credit
thereby created and all related charges arising thereby @ 24% compounded daily basis.
(m) The Constituent agrees that the Artha Money shall not be liable for any damages,
losses (direct or indirect) whatsoever, due to disruption or non availability of
any of services/facility/s due to technical fault/error or any failure in telecommunication
network or any error in any software or hardware systems.
(n) The Constituent agrees that the Artha Money may disclose customer information,
in strict confidence, to any of its agent/s and/or contractors with whom the Artha
Money enters or has entered into any arrangement in connection with providing of
services.
VIII.xix Accounts
The Constituent agrees to repay to the Artha Money on demand, unconditionally, the
amounts of overdrafts or excesses against margin deposit that the Artha Money may
grant it/he/her from time to time, together with interest accrued thereon. The Constituent
agrees that this does not imply that the Artha Money is bound to grant them any
credit or other facility whatsoever.
IX. MEANING OF TERMINOLOGY
IX.i Internet
Internet refers to the network of computers / mobile phones / other electronic
devices which share and exchange information. The Internet is at once a worldwide
broadcasting capability, mechanism for information dissemination, and a medium for
collaboration and interaction between individuals and their computers / mobile phones
/ other electronic devices capable of accessing the Internet without regard for
geographic location.
IX.ii Customer
Customer refers to any person who has a Artha Money Account and who has been authorised
by the Artha Money to avail of the said facility.
IX.iii Account
Account refers to the Customer's Savings and/or Current Account to which
access is to be obtained through Electronic Payment Gateway for Netbanking.
IX.iv Personal Information
Personal Information refers to the information about the Customer obtained
in connection with Electronic Payment Gateway for Netbanking or otherwise.
X. GENERAL
The clause headings in this agreement are only for convenience and do not effect
the meaning of the relative clause. The Constituent shall not assign this agreement
to anybody else.
The Artha Money may subcontract and employ agents to carry out any of its obligations
under this contract. I do hereby solemnly affirm and declare as under:
1. That the above-mentioned authorised person/members of my family are regularly
trading/investing through you on National Stock Exchange of India Ltd. (NSE) and/or
any stock exchange(s). For all purposes of operations of my account with you, the
above accounts shall be termed as Group Account.
2. That I hereby authorise you to sell shares standing in my account and to transfer
the proceeds of the sale of such shares to the abovementioned accounts to set off
all outstanding debit amounts in their respective accounts.
3. That I hereby authorise you to set off all outstanding debit amounts in the above
mentioned accounts maintained by you in any segment of any stock exchange(s), against
the amount standing to the credit of Constituent’s/Family/Group account maintained
by you in respect of any segment of any stock exchange(s).
4. That I have given the above authority to Artha Money with my free consent and
without any pressure, threat or coercion from any corner whatsoever.
5. That in future I shall not make any claim from Artha Money in any manner whatsoever
of any amount adjusted from the credit in my account to set off the outstanding
debit amounts in the above-mentioned accounts and I further state that if anybody
on my behalf claims the above said adjusted amount, the said act shall be null and
void and shall be ineffective from all corners.
6. That this is my true irrevocable statement and shall remain binding on me.
7. That I hereby undertake to intimate you from time to time of any additions of
the Constituents to the said Group Account for the purpose of either allowing them
to trade on my behalf or for the purpose adjustment of balance inter se.
8. Terms and Conditions for Insurance:
I/We hereby declare that the statements made by me/us in this Proposal Form are
true to the best of my/our knowledge and belief and no material information, which
may be relevant, has been withheld or not disclosed. I/We hereby agree that this
declaration shall form the basis of the contract between me/us and the Insurance
Company.
I/ We named policy holders declare that all the persons named on this health insurance
application are in good health. I/We declare that any additions or alterations are
carried out after the submission of this proposal form then the same would be conveyed
to the insurers immediately.
I/We agree that the Policy shall become void-able at the option of the Insurer,
in the event of any untrue or incorrect statement, misrepresentation, non-description
or non-disclosure in any material particular in the proposal form/personal statement,
declaration and connected documents, or any material information has been withheld
by me or anyone acting on my behalf to obtain any benefit under this policy.
I/ We understand and agree that policy will be valid only if the premium is paid
to and realized by the insurance company before the commencement of cover. Artha
Money is collecting the premium on behalf of insurance company and issuance of policy
is at sole discretion of the insurance company. Payment of premium on this site
does not mean that your policy has been issued. In case of your proposal being rejected
by the insurance company for any reason whatsoever may be, then Artha Money will
not be liable for any consequential loss or damage.
I/We consent and authorize insurers to seek medical information from any hospital/medical
practitioner who has at any time attended or may attend concerning any disease or
illness which affects physical or mental health of the persons proposed from insurance.
I/We agree that this proposal shall form the basis of the contract should the insurance
be effected. If after the insurance is affected, it is found that the statements/answers
or particulars stated in the proposal form are incorrect or untrue in any respect,
the insurance company shall incur no liability under this policy.
I/We hereby declare and warrant that the above statements are true, accurate and
complete. I/We desire to effect an insurance as described herein with the Company
and I/We agree that this proposal and declarations shall be the basis of contract
between me/us and the Insurance Company. I/We agree to accept a policy subject to
the conditions prescribed by the Insurance Company.
XI. TERMS AND CONDITIONS FOR PROPERTY:
THE CONTENT OF www.arthamoney.com IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
ARTHAMONEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY
OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER
VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS
OF THIS WEBSITE.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and other information provided through
this Website.
ARTHA MONEY does not warrant that the access to Website will be uninterrupted or
error-free or that defects in Website will be corrected.
No information contained herein shall constitute an invitation or an offer to invest
in ARTHA MONEY or any of its Affiliates. Further, nothing contained in this Website
should be construed as a recommendation to use any product, process, equipment or
formulation, in conflict with any patent, or otherwise and ARTHA MONEY makes no
representation or warranty, express or implied that, the use thereof will not infringe
any patent, or otherwise.
If you use this Website from outside India, you are entirely responsible for compliance
with all applicable local laws as well as international conventions and treaties.
ARTHA MONEY assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communication line failure, theft or
destruction or unauthorised access to or alteration of CusArtha Moneyers data/information.
Any material downloaded or otherwise obtained through the use of the Service is
done at the sole discretion and risk of the Constituent and the Constituent shall
be solely responsible for any damage to his/her/its computer or loss of data that
results from the download of any such material. ARTHA MONEY shall not be responsible
for any problem or technical malfunction on-line-systems, servers or providers,
computer equipment, software, failure of e-mail or players on account of technical
problem or traffic congestion on the Internet or at any website or combination thereof,
including injury or damage to any cusArtha Moneyer and/or Members or to any other
persons computer related to or resulting from participating or downloading materials/information
from the website.
ARTHA MONEY AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS
WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE
INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES,
OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF
www.arthamoney.com.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and other information provided through
the website. ARTHA MONEY does not warrant that the access to website will be uninterrupted
or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch
offers received by them. ARTHA MONEY does not endorse investment in any projects
which have not received official sanction and have not been launched by the Builder/Promoter,
users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest
in ARTHA MONEY or any of its Affiliates. Further, nothing contained in this Website
should be construed as a recommendation to use any product, process, equipment or
formulation, in conflict with any patent, or otherwise and ARTHA MONEY makes no
representation or warranty, express or implied that, the use thereof will not infringe
any patent, or otherwise.
Information on this Internet site should not be regarded as a substitute for legal,
financial or real estate advice .You should always seek the assistance of a professional
for any such queries. In specially the member/or constituent shall make adequate
enquiry as to the legality and genuiness of the Land/property, before entering into
any legal contracts or agreements based on the content posted on the site.The site
does not vouch for any claims/ comments/ views made in the content. We shall not
be held liable/ responsible for the consequences thereof.
XII. FORCE MAJEURE Service Providers shall not be liable for any
failure to perform any of its obligations if the performance is prevented, hindered
or delayed by a Force Majeure event (defined below) and in such case its obligations
shall be suspended for so long as the Force Majeure Event continues (provided that
this shall not prevent the accrual of interest on a principal amount which would
have been payable but for this provision).
“Force Majeure Event” means any event due to any cause beyond
the reasonable control of the Party, including, without limitation, unavailability
of any communication system, sabotage, fire, flood, explosion, acts of God, civil
commotion, strikes or industrial action of any kind, riots, insurrection, war or
acts of government.
XIII. LINKS TO THIRD PARTY WEBSITES
The Artha Money websites may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of Artha Money and Artha Money is not
responsible for the contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a Linked Site. Artha
Money is not responsible for any form of transmission, whatsoever, received from
any Linked Site. Artha Money is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by us of the site or any
association with its operators or owners including the legal heirs or assigns thereof.
XIV. SOFTWARE LISCENSES
The usage of any software made available in the website is governed by
the terms of use of such software. Users agree that they will not transfer /export
such software from India in violation of laws /regulations thereof. Furthermore
arthaMoney.com doesn't authorise the downloading / exportation of any software /
technical data available in this website to any jurisdiction prohibited by Indian
laws / regulations.
XV. APPLICABLE LAW
We control the Site from our offices within India.www.arthamoney.com
will have people from all over India using this Website. So in order to ensure consistency
in the interpretation and enforcement of these Terms, the Website, and your use
of the Website will be governed in all respects by the laws of India. We make no
representation that the Content in the Site is appropriate or available for use
in other locations, and access to them from territories where their content is illegal
is prohibited. Those who choose to access the Site from other locations do so on
their own initiative and are responsible for compliance with applicable local laws.
You may not use or export the Content in violation of Indian export laws and regulations.
Any claim relating to the Site, the services provided through the Site or the Content
shall be governed by the internal laws of India, without reference to its choice
of law provisions. You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts at Bangalore, India.
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