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 DotEx International Ltd, whether by use of any of the facilities available on the Web-Site, or by any other means whatsoever. Please read the following, which contains important information concerning use of the Web Site. The use of the Web Site is conditional upon and subject to, acceptance of and compliance with, the Terms. And whereas for offline the Constituent can avail the facilities subject to acceptance of and compliance with the terms contained herein.
i) Ownership of the Web-Site
(a) Pratibhuti Viniyog Ltd. being a broker registered with the Securities and Exchange Board of having obtained Certificate of Registration No. NSEIL:INB230645534/ INF230645534 & BSE: INB010645530 being entitled to effect purchase and sale transactions of securities (hereinafter referred to as the “Securities Dealings”) offline and online.
(b) Pratibhuti Vinihit Ltd.being a broker registered with the Securities and Exchange Board of having obtained Certificate of Registration No. NSE INB 230638737 / INF230638737 being entitled to effect purchase and sale transactions of securities (hereinafter referred to as the “Securities Dealings”) offline.
(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.
i Subject Matter of the Services
The Services offered by the Member include the sale and purchase of dematerialized securities trading (in e-trading account on the internet and also in off-line trading and delivery of shares in physical mode wherever the same is traded on off-line on specific direction received by the ‘Member’ at any of their terminals) in the cash/normal segment of the market [and shall include trading in derivative products or in the carry forward segment, and such other services/ products as may be permitted from time to time].
ii Order Entry
The Constituent shall be entitled to place an order for the sale or purchase of any Admitted Security at any time, regardless of the duration of the trading hours of the Exchange, through e-mail, writing, telephonic placement by the Constituent or his duly 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.
iii Order Execution
In the event that the order is placed during the trading hours of the NSE/BSE 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/BSE.
i List of Dematerialised Securities
The Member shall notify the securities for which this facility is made available from time to time on the Web Site. The Member would have the right to add or delete securities for which the facility is made available in its absolute discretion and details of the same would be posted on the Web Site and no separate intimation whatsoever thereof will be sent to the Constituent.
ii Protection of Constituent’s Trading Password
The Constituent shall immediately notify the Member in writing, delivered via e-mail, Speed Post and Registered AD, if the Constituent becomes aware of any loss, theft or unauthorised use of the Constituent’s Trading Password and account number; or any failure by the Constituent to receive an accurate written confirmation of an execution including the contract note for the same; or any receipt by the Constituent of confirmation of an order and/or execution which the Constituent did not place; or any inaccurate information in the Constituent’s account balances, securities positions, or transaction history.
iii Use of Constituent’s Trading Password
The Constituent confirms and agrees that it will be the sole authorised user of the Trading Password /s to be given to it by the Member. The Constituent accepts sole responsibility for use, confidentiality and protection of the Trading Password /s as well as for all orders and information changes entered into the Constituent’s account using such Trading Password.
iv Prevention of Unauthorised Use
The Constituent will install the necessary safeguards and access restrictions to prevent unauthorised use of Constituents computer systems and ensure that no unauthorised person can gain access to the computer systems.
(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.
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.
(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.