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Terms and Conditions

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Terms and Conditions

TERMS AND CONDITIONS GOVERNING INTERNET BASED TRADING

Please read the following instructions before signing the client agreement

Client (first holder) should initial at the places marked with a #. ( Total of 10 initials along side markings and at the bottom of each page)
Only the first holder signs on the client agreement. ( 1signature)
The client agreement should be witnessed
Please read the general instructions mentioned in the instruction booklet

DESCRIPTION OF PARTIES

This agreement is entered into on ----/-----/------- between Karvy Stock Broking Limited, member broker # of the National Stock Exchange of India Limited, ordinarily carrying on business in sale and purchase of securities and is bearing SEBI Registration Number INB 230770138 and carrying on such business in the name and style of Karvy Stock Broking Limited from its registered office at 529, Road No.4, Banjara Hills Hyderabad 500 034, Andhra Pradesh, India (hereinafter referred to as the “member broker”, which expression shall unless repugnant to the context or meaning thereof, be deemed to mean and include its legal successors and permitted assigns)

------First Holder’s Name------- an individual s/o -----Father’s / Husband’s Name---------- residing at # Address-------------- intending to transact in securities using the services of the member broker, through the online trading terminal of the said member broker (hereinafter referred to as “the client” which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its legal successors and permitted assigns)

WHEREAS:

A. The member broker is a member of National Stock Exchange of India Limited (hereinafter referred to as “the exchange”) and holds a certificate of registration granted under Rule 4 of the Securities and exchange Board of India (Stock Brokers and Stock Sub-Brokers) Rules and Regulations, 1992 ; AND
B. The member broker offers online trading services to the client, subject to the terms of the present agreement and the SEBI guidelines in this regard.
C. The member broker and the client are required to enter into an agreement laying down the scope of their authority/ responsibility, in relation to the transactions in securities using the online trading facilities that the member broker makes available to them
D. The client is desirous of investing/ trading in securities admitted for dealing on the National Stock Exchange as defined by the bye-law of the said Exchange through online trading services by the member broker.
E. The member broker is satisfied and shall continuously satisfy themselves of the genuineness and financial soundness of the client and investment objectives relevant to the services to be provided.
F. The client is satisfied with the capability of the member broker to deal in securities on behalf of them and the client shall continue to satisfy themselves of the same before executing orders through the online trading facilities of such member broker.
G. The member broker has taken steps and shall take steps to make the client aware of the precise nature of the member broker’s liability for business to be conducted, including any limitations on that liability and the capacity in which it acts.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. INTERPRETATION OF RECITALS

The recitals form an integral part of this agreement.

2. DEFINITIONS
1. 2.1 For the purposes of this agreement

(a) “Client” means and includes any individual, who transacts in securities through the auspices of the member broker herein named as such, and seeks to transact such business in securities through the use of E Trading facilities of the said member broker.

(b) “Depository” refers to the National Securities Depository Limited, Mumbai. (NSDL)

(c) “Online Trading” means carrying on the business of stock broking using electronic systems as Order Routing mechanisms to forward orders to the electronic system of the Stock Exchange.

(d) “Exchange” refers to the National Stock Exchange of India Limited. (NSE)

(e) “Member Broker” is Karvy Stock Broking Limited, a stock broker registered as a Stock Broker in terms of the SEBI (Stock Brokers and Sub-Brokers) Rules and Regulations, 1992 and are registered as Stock Brokers with SEBI in terms of the said rules and regulations.

(f) “Trading Account” shall mean a rupee account opened by the client with the member broker, which is linked to the online trading facility through the web-site.

(g) “Depository Participant” or “Designated Depository Participant” means Karvy Depository Participant or any other depository participant as may be specially designated as a Depository Participant by Karvy Stock Broking Limited, respectively.

(h) “Bank” or “Designated Bank” means any bank as may be notified from time to time on the website, with whom the member broker has made arrangement in respect of the Online Trading Services to be provided to the clients in terms of the presents.

(i) “Bank Account” or “Designated Bank Account” means an account opened, maintained and operated by the clients with a bank in terms of and pursuant to the requirements mentioned in the agreement.

(j) “Demat Account” or “Designated Demat Account” means an account maintained in terms of the Regulation 42 of the SEBI (Depositories and Participants) Regulations, 1996 by Karvy Depository Participant in its capacity as a Depository Participant or any other Depository Participant as may be specified by Karvy Stock Broking Limited.

(k) “Margin Trading” refers to trading in securities by paying an advance amount as margin to the member broker in cash and ‘ or as securities, in the following events:

(i) Purchase of securities of a value in excess of the money with the purchaser, in the Trading Account, at the time when the order is placed on the website.

(ii) Sale of securities in excess of the securities available in the demat account of the seller on the date
when the order is placed on the website.

(l) “Pay-in Date” means the day on which the clearing house of the stock exchange receives in the securities and monies due from the members pursuant to their transactions in securities, over the period of the settlement cycle of the Exchange.

(m) “Pay-out Date” means the day on which the clearing house of the stock exchange pays out securities and monies due to members pursuant to their transactions in securities, over the period of the settlement cycle of the Exchange.

(n) “Terms and Conditions” means the information available on the website under the head “Terms and Conditions” and includes but is not limited to any information available on clicking on any hyperlink to the section named “terms and Conditions” on the said website.

(o) “Website” means the website located at URL http://www.karvy.com

2.2 All words and terms not defined in this agreement or on the website mentioned above shall take on the same meanings as may be attributed in terms of the SEBI / Exchange Guidelines, Rules and regulations.

3. REPRESENTATIONS AND WARRANTIES
1. 3.1 The clients hereby warrant that they are capable of executing the present agreement and that the terms of the presents are not in contravention of any rights of any party with whom such client has any agreements any time prior to the execution of this Agreement.
2. 3.2 The clients warrant that they have, maintain and operate a valid account with a designated bank. The clients state that they have opened a valid and subsisting Demat Account with a designated depository participant.
3. 3.3 The clients agree to provide and continue to provide all details about themselves as may be required by the member broker including but not restricted to PAN Number, and state that all details and facts represented to the member broker are true.
4. 3.4 The member broker states that they have complied with all statutory and regulatory requirements to offer the Online Trading Services through the website www.karvy.com.
5. 3.5 The clients warrant that all or any securities deposited by them with the member broker in respect of margin trading requirements or otherwise, are owned by them and that the title thereof is clear and free of encumbrances.
4. REGISTRATION AND ACCOUNT OPENING
1. 4.1 The member broker shall, after registration, permit the registered user, a trading password which enables him/her /them to avail of the facilities of Online Trading through the said website. All terms regarding the use and modification of such password shall be governed by information on the website. The clients are aware that authentication technologies and strict security measures are required for the Internet trading through order routed system and undertake to ensure that the password of the client and /or of their authorized representative are not revealed to any third party. The clients also agree to indemnify the member broker from any loss, injury, claim or any action instituted against the member arising from the misuse of the password by any party.
2. 4.2 The services on the website shall be available to the reregistered user subject to the terms and conditions mentioned thereof.
3. 4.3 The clients shall furnish a duly filled application form to the member broker indicating their intention to transact in securities using the Online Trading facilities on the website, in the format supplied by the member broker.
4. 4.4 The clients shall provide to the member broker, a power of attorney authorizing the member broker to debit/credit/block/create lien/pledge clients depository accounts through their authorized personnel, to the extent of the transaction conducted by the said clients any due and payable to the member broker.
5. 4.5 The clients shall authorize the member broker to debit/credit or block his bank account in the manner as per the procedure laid down in the terms and conditions and as per practices followed by the bank in this regard. The clients also authorize the member broker to create lien on the amount lying in their bank account in the manner specified in the terms and conditions.
6. 4.6 The member broker, after satisfying themselves that the pre-requisites have been met by the clients, may register the clients as a registered user of the website and the Online Trading facilities may be made available to the clients.
7. 4.7 The member broker may. Open one or more accounts in the name of the registered user in the books of the member broker.
8. 4.8 The clients agrees that all the orders placed by them for securities through the website shall be within the parameters defined and mentioned in the terms and conditions.

5. TRADING

5.1 TRADING ACCOUNTS

1. The clients agree to open a trading account with the member broker.
2. The clients agree that the member broker may require the clients at any time during the subsistence of the presents, to open one or more trading accounts. The clients agrees that the debit/credit for all the transactions may be effected in this/these accounts, or between such accounts, in the manner deemed fit by the member broker.
3. The Clients agree that they shall place orders for the purchase of securities in respect of delivery accounts where the securities to be purchased are of a value that shall not, in aggregate exceed teh advance paid by the clients into such trading account or the amount in the bank account and such monies shall be blocked in favor of the member broker by the bank, or the securities in the demat account shall be blocked in favor of the member broker, as the case may be.
4. The clients agree that they shall place orders for the purchase of securities in respect of margin trading, they shall be bound by the rules in this regard that are made applicable to them by mention in the terms and conditions on the web-site and as modified from time to time.
5. The clients agree that they shall be required to make such margin payments as are payable, as per the time schedule prescribed by the member broker by mention on the terms and conditions, from time to time. Such margin payments, if any, shall be payable in cash or securities as specified by the member broker in the terms and conditions or any section of the web-site and modified from time to time. Provided that the securities, if any, accepted as margins, shall be valued by the member broker as per the terms and conditions on the web-site.
6. The Client authorizes member broker to pledge these securities with exchange to meet margin/capital adequacy requirement of member broker. He further authorizes the member broker to sell these securities to recover any dues payable by him to member broker.
7. The clients agree that all payments due to the member broker will be made within the specified time and in the event of any delay, the member broker may refuse, at their discretion, to carry out transactions on behalf of the clients. The clients agree that alternatively, the member broker may, at their sole discretion, square off such transactions and the costs/losses if any, thereof shall be borne solely and completely by the clients.
8. The clients agree, that without prejudice to any other remedy or right prescribed in the presents, the member broker may charge daily interest at the rate of 2% per month for any delay in the payment charges, margin or any other sum due to the member as may be applicable.

5.2 BANK ACCOUNT

1. The clients agree that the member broker may, at any time during the subsistence of any arrangement relating to the subject matter of the presents, require the clients to open one or more accounts with a designated bank. The clients agree that the debit/credit for all the transactions may be effected in this/these accounts.
2. The clients agrees that member broker shall have the right, at any time during the subsistence of this agreement, to give any instructions to the banks with whom they have affiliations or any other arrangement, in respect of the account of the clients maintained with such bank. The clients agree that they shall have no cause of action in respect of any instruction that may be given to the bank in respect of their accounts maintained with such bank in pursuance of the presents.
3. The clients agree that the member broker may, without assigning any reason thereof, and without issuing any notice of the same to the clients, reveal information available with the member broker in the course of the arrangement with the clients, to the bank with whom such clients maintain bank accounts pursuant to the presents, and the clients shall have no remedy therefrom.
4. The clients shall agree that in the event that the designated bank terminates the agreement with the clients in respect of the bank account maintained by the clients with such designated bank, for any reason or informs the member broker of any misdemeanor or transgression by the clients 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 broker may, at their discretion terminate services to the clients and the clients shall have no remedy therefrom.
5. Notwithstanding anything contained in any other agreement or arrangement, if any, between the parties hereto, the clients hereby authorize the member broker to release all payments due to them from the trading account maintained with the member broker, against specific request in that behalf made in the manner and following the procedure laid down in the terms and conditions. For the purposes of this clause, any request made through or on the web-site shall be sufficient for the member broker to execute an instruction.

5.3 DEMAT ACCOUNT

1. The clients agree to open, maintain and operate a valid demat account with the designated depository participant.
2. The clients agree that the member broker may require the clients, at any time during the subsistence of any arrangement relating to the subject matter of the presents, to open one or more demat accounts. The clients agree that the debit/credit for all the transactions are to be effected in this/these accounts.

5.4 ORDERS

1. The clients agree that all the orders placed through the web-site shall be forwarded by the system to the National Stock Exchange Limited, as may be applicable, in respect of the arrangement between the parties.
2. The clients agree that if, any circumstance or for any reason, the market closes before the acceptance of the Order by the Exchange, the Order may be rejected. The clients agree further, that the member broker may reject Orders if the same are rejected by the Stock Exchange for any reason. In case of rejection of an order due to rejection by the Exchange, the clients agree that the order shall remain declined and shall not be reprocessed in any event.
3. The member broker may, at their sole discretion, reject any order placed on the web-site due to any reason, including but not limited to the non-availability of funds in the trading account of the clients, non-availability of securities in the Demat account of the clients with a designated depository participant, insufficiency of margin amount if the clients opts for margin trading, suspension of scrip-specific trading activities by or on an Exchange and the applicability of circuit breaker to a scrip in which orders are placed through the web-site.
4. The clients are aware that the member broker has provided on the web-site, a facility for reconfirmation of orders, which are larger that those specified by the member broker's risk management, and is also aware that the member broker has the discretion to reject the execution of such orders based on such risk perception.
5. The clients agree further that the member broker shall have the right to reject any order placed by the clients for any reason and at any time without notice to the clients. Provided that the order placed by the clients can only be rejected by the member broker in the event of impossibility, or pursuant to any of the terms mentioned in this Agreement, circulars, rules, regulations, notifications, Bye-laws or legislation of any regulatory authority, or pursuant to any terms/arrangement between the clients and the member broker or the clients and the depository participant, whether such arrangement is executed prior to or during the subsistence of this Agreement.
6. The clients agree that, if the order is not accepted on the web-site for any reason, the member broker shall have the right to treat the order as having lapsed.
7. The clients agree that the member broker shall not be liable or responsible for non-execution of orders placed through the web-site due to the failure of any system or link or due to any other reason whatsoever.
8. The member broker, may at their sole discretion permit clients to use the web-site for the routing of their orders in respect of securities, irrespective of the amount in the balance of the account of the clients.
9. The clients agree to abide with and be bound by all the Rules and Circulars that the member broker may issue from time to time, and all rules, regulations and bye-laws of the Exchange as are in force pertaining to the transactions on their behalf carried out by the member broker and the orders place by them on the web-site.
10. The member broker may inform the clients of the acceptance or rejection of the order placed by the clients through the web-site, and the reason therefor within the twenty four hours of the placing of such order through the electronic mode at the e-mail id provided by the clients while registering for the service on the web-site or as modified thereafter.
11. The systems used by the member broker for providing Online Trading services are generally capable of assessing the risk of the clients as soon as the order comes in.
12. Any and all instructions issued by an authorized representative of the clients shall be binding on the clients in accordance with the letter authorizing the said representative to deal on behalf of the clients. All authentication of the authority of a client to instruct the member broker to deal on behalf the client shall be determined by the terms in this regard mentioned on the web-site.

5.5 CLEARING AND SETTLEMENT

1. The Exchange may cancel a trade suo motu without assigning any reason thereof. In the event of such cancellation the member broker shall be entitled to cancel the relative contract or contracts, if any, with the clients.
2. The member broker may directly credit the demat account of the clients with the designated depository participant for the purchase of the securities by the clients within forty eight hours of the receipt of the securities from the exchange on the pay-out day. Provided that if the order placed by the clients through the web-site is for securities, which are in the no-delivery period, such securities shall be credited to the trading account of the clients only at the time of settlement of trades, as per the schedule of the exchange. However,
(a) If any sum is due from the clients the member broker may withhold the credit of securities to the said Demat account of the clients with the designated depository participant.
(b) Delivery arising from an order placed from the web-site in respect of a margin trading account, may not be credited to the demat account of the clients but will be disposed of in a manner prescribed in the terms and conditions.
3. Any sale delivery not made to the member broker at the time of trade must be made at least forty-eight hours prior to the pay-out date in respect of the settlement in which such purchase is made. Losses, if any, that may accrue in the event of a default in completing the delivery on the Exchange by the member broker resultant of a delay in the delivery by the clients, shall be borne solely and completely by the clients. Losses for the purposes of this clause shall include auction debts, if any incurred as a result of non-delivery of securities on the settlement date on the exchange.

5.6 DEFAULT AND CONSEQUENCES THEREOF

1. The clients agree that they shall be deemed to have defaulted terms of this agreement in circumstances including but not restricted to the following:
(a) Any delay in payment of margins, charges or delivery in respect of this agreement for transactions executed on behalf of the clients;
(b) Any contravention of the terms contained in the presents;
(c) Any misrepresentation or false statement or omission, or misleading information supplied by the clients to the member broker;
2. The member broker may terminate the services made available to the clients at any time and without issuing any notice or assigning any reason thereof.
3. In the event of a default of this agreement by a clients, the member broker shall be entitled to any or all of the following courses of action:
a) Immediate termination of this agreement and provision of services in terms of this agreement.
b) Other remedies as may be available in terms of the law for the time being in force.
c) Arbitration in terms of this agreement.
d) Charge of an amount that shall not exceed the actual losses incurred by the member broker consequent to the default along with the interest at market rates.

5.7 LIEN

1. All the funds of the clients in the bank account shall be subject to lien for the discharge of any or all payments due to the member broker from the clients, or in respect of any other obligation that clients may have to the member broker.
2. All securities in the demat account opened in terms of this agreement with a designated depository participant, shall be subject to lien for the discharge of any or all payments due to the member broker from the clients or any other obligation that the clients may have to the member broker and may be held by the member broker as a security against default by the clients in respect of the services already availed of by the clients.
3. The enforcement of the lien aforementioned in clauses 5.7.1 and 5.7.2 shall be at the sole and complete discretion of the member broker and the member broker alone may decide the securities to be sold, if any.
4. The clients authorizes the member broker to block securities against pending order or pledge securities in favor of the member broker against any of the dues. Provided that requirement may be waived y the member broker, at their discretion, by suitable modification to the terms and conditions.
1. 5.8 INVESTMENT ADVICE
1. The clients agree that the member broker shall not be required to provide the clients with any form of legal, accounting or tax related advice.
2. The clients agree that none of the services available on the website shall amount to investment advice on the part of the member broker.
1. 5.9 MISCELLANEOUS
1. The clients agree that all decisions with regard to the amount that may be placed as margin, the exposure available to the clients as against the funds available in the bank account and the authorized trading limit shall be decided by the member broker at their sole discretion and no reasons thereof are required to be given to the clients.
2. The clients agree that that shall be bound by all or any changes or modifications that are made to this agreement by the member broker, at its sole and complete discretion.
3. The clients agree that a modification to the terms and conditions on the website shall amount to a valid modification of the presents.
4. The clients agree that the member broker may at any time terminate the services available on the website on the basis of which this agreement is drawn and such termination of services for any reason shall not be in contravention of the presents. In the event that such termination occurs the member broker shall not be required to issue any notice to the clients or assign any reasons thereafter.
5. The member broker shall issue contract notes in terms of the SEBI (Stock Brokers and Sub Brokers) Rules and regulations, 1992 within twenty four hours of the execution of the trade. Such contract note shall be dispatched by the member broker by courier or through any other mode specified in the terms and conditions mentioned on the website, at the address mentioned in this agreement or at any other address expressly informed to the member broker by the clients.
6. The clients agree that all the transactions executed pursuant to an order placed on the website shall be subject to the rules of the clearing house of the exchange and that all trades shall be settled through such clearing house.
7. The clients agree to be bound by the guidelines, including the rules pertaining to the adjustment of shortages in clients positions in securities transacted on behalf of such clients, or any other person by the member broker, wither through orders placed through the use of the Online Trading services of the member broker or otherwise as may be issued by the member broker from time to time.
1. 5.10 MODIFICATIONS
1. All modifications to this Agreement shall be made solely at the discretion of the member broker and shall be intimated to the clients by a suitable modification to the terms and conditions or other applicable section on the website.
2. The client agrees that a modification to the information in the terms and conditions section on the website or any other applicable section and a display of the modification for the duration of the applicability of such modification to the circumstances of the clients, shall be sufficient notice to the Clients, to take note of such modification.
1. 5.11 ASSIGNMENTS

The client agrees that Karvy stock broking Limited may at any time during the subsistence of the presents without requirement of issuing any notice to the clients, assign, transfer or otherwise alienate, by executing an agreement or in any other manner, all or any of their rights and /or obligations in terms of this agreement to any person or entity including but not limited to their affiliates, associates or sister companies.

6. TERMS OF CONSIDERATION

6.1 COMMISSIONS AND BROKERAGE

All commissions and charges leviable on transactions in securities pursuant to orders placed on the website shall be payable at rates mentioned on the website and as may be modified from time to time.

6.2 USER FEES

The clients agree that the member broker may charge User Fees for the use of any other service including but not restricted to the Online Trading Services, at a rate mentioned on the website and as may be modified from time to time.

6.3 DEPOSITORY CHARGES

The clients agree that the member broker may debit the demat account charges payable to the depository participant to the trading account of the clients maintained with the member broker.

6.4 OTHER CHARGES

The member broker may charge any other relevant charge in the manner intimated on the website from time to time including but not limited to Trade Commission, Service Tax, Turnover Charges, Tax Expenses incurred, Stamp Duty, Margins etc. as applicable.

7. INDEMNITY

7.1 The member broker shall be indemnified by the client in case of any action initiated against the member broker by the party not privy to this contract, and it shall be the duty of the client to bear out of their funds, all costs, losses and expenses which any such member broker may incur or may become liable to pay, by reason of any event in the course of the use of the said services by the client.
7.2 In the event of death or insolvency of the client or his otherwise becoming incapable of receiving and paying for or delivering or transferring securities which the client has ordered to be bought or sold, the member broker may close out the transaction of the client and the client or his legal representative shall be liable for any losses, costs and be entitled to any surplus which may result therefrom.

8. FORCE MAJEURE

The member broker shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as fire, flood, civil commotion, earthquake, war, strikes, failure of the system, failure of Internet links or government/regulatory actions.

9. TERM AND TERMINATION

9.1 Both parties shall be entitled to terminate this agreement at will and without giving any reasons to the other party but not without giving a notice in writing of not less than one month that shall be despatched to the addresses mentioned in this agreement. However, such cancellation or termination shall not have any effect on any transaction(s) executed prior to the date of such notice of termination and the rights and obligations in respect of such transactions shall continue to subsist in terms of this agreement, and/or the terms and conditions as may be prescribed.
9.2 This Agreement shall become effective on the date first written above, subject to Clause 8 above, and shall remain in full force until and unless terminated.
9.3 In the event of any Governmental action or action from any regulatory authorities debarring the member broker from carrying on business or rendering it impossible to transact the business of broking or online trading, this agreement shall stand terminated.
9.4 The rights and obligations of the Parties under this Agreement which by their nature survive the termination of this Agreement shall not be extinguished by the termination of this Agreement.

10. ARBITRATION

10.1 If any dispute arises between the Parties hereto during the subsistence of this Agreement of thereafter, in connection with or related to the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall, as far as possible be settled with the help of the officials of the exchange and if no such settlement is possible the parties hereby agree to refer such dispute to arbitration in accordance with the rules, bye-laws and regulations of the said stock exchange. The member broker and client hereby agree that they shall co-operate with the exchange officials and provide all relevant documents in their possession so as to expedite the settlement through the arbitration process.

10.2 The member broker and the client hereby agree that they will assist and co-operate with each other in ensuring faster settlement of any arbitration proceedings arising out of the present agreement or from the provision of the online trading services by the member broker and will accept arbitration awards in respect thereof.

11. APPLICABILITY OF LAW

The provisions of this agreement shall always be subject to Government notifications, any rules, regulations and guidelines issued by SEBI and the Stock Exchange rules, regulations and Bye-laws that may be in force from time to time.

12. JURISDICTION

All trades, transactions and contracts are subject to the rules and regulations of the exchange and depository and shall be deemed to be and shall take effect as wholly made, entered into and be performed in the city of Hyderabad and the parties to such trade shall be deemed to have submitted to the jurisdiction of the Courts in Hyderabad for the purpose of giving effect to the provisions of the Rules and regulations of the exchange and the bye-laws and business rules of the depository.

Client :_______________________________________________________
(First Holder Name)

Signature : _______________________________________________________

Witness

By :_______________________________________________________

Signature :_______________________________________________________

Broker : KARVY STOCK BROKING LIMITED.

By :

Signature :

Title : DIRECTORY/AUTHORISED SIGNATORY

Witness :