This document contains some important information regarding the terms and conditions which apply to your account with FE Securities Pvt. Ltd. Member of the National Stock Exchange of India ltd.(NSE) & BSE Ltd. (BSE) registered with the Securities & Exchange Board of India (“SEBI”) as a stock broker with SEBI Registration No. INZ000240438. Your access to and use of your account is subject to your compliance with all the terms and conditions set forth herein in addition to the terms as per Rights & Obligations of Stock Broker, Authorised Persons & Clients, Rights & Obligations of Depository Participant & Beneficiary Owner, Risk Disclosure Document, Policy & Procedure, Contract between Member Broker & Client and other documents executed by the client from time to time and rules, regulations & byelaws of the exchange/SEBI.
The website is owned, operated and maintained by FE Securities Pvt. Ltd and have been collectively referred to hereinafter as “FESPL”, companies duly incorporated under the Companies Act,1956
Please note that the information contained herein is subject to change without notice.
I. 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 personal 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, downloads, data, 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.
(b) The Terms shall be deemed to form part of the “FESPL”-Constituent Agreement/Contract between Member Broker & Client/other documents executed by the Client 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. 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 is authorised to use materials which are made available by the FESPL’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 FESPL’s web site.
(b) All materials published on the Web-Site, including, without limitation, information, text, photographs, images, graphics 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) 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.
(d) “FESPL”. 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.
III. Third Party Providers/Links The Web Site may contain links to other web sites on the World Wide Web. “FESPL”. is not responsible for their resources or their content or the availability thereof.
(a) The Visitor shall remain solely responsible for all submissions on and to the Web Site. “FESPL”. is not responsible for the content or message of any submissions. The “FESPL” 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 “FESPL” 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 “FESPL” does not and cannot review every message posted or item submitted to/on the Web-Site, “FESPL”. 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.
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. “FESPL” may exercise the rights granted herein in such form 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, “FESPL” 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.
V. 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 “FESPL” 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.
VI. FESPL’s Liability
(a) Under no circumstances, including but not limited to negligence, shall the “FESPL” 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 “FESPL” 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 “FESPL” or otherwise.
(b) The Constituent agrees to fully indemnify and hold harmless the “FESPL” for any losses arising from the execution of incorrect/ ambiguous or fraudulent instructions that got entered through the system at the Constituent’s end.
VII 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. 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.
IX. 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 “FESPL” 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.
X. Dispute Resolution
(a) The “FESPL” and the Constituent are aware of the provisions of the bye laws rules and regulations of the NSE/BSE relating to the resolution of the disputes/differences through the mechanism of arbitration provided by the Exchanges and agree to abide by the said provisions insofar as any disputes under these Terms relate to transactions that are to be carried out on the exchanges.
(b) In so far as any other disputes or differences in connection with these Terms or their performance (other than the disputes referred to in Paragraph X (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 a sole arbitrator. The “FESPL” and the Constituent expressly consent and agree that the Chairman, shall be the persona designate to appoint the said 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) No waiver by of any provision of the Agreement/Contract/other document shall be binding except as set forth in writing signed by its duly authorised representative.
(d) The Constituent agrees to abide by the “FESPL” Terms and Conditions and rules in force and changes in Terms and Conditions from time to time relating to their account.
(e) The Constituent agrees that the “FESPL” will be at liberty to close their account any time without assigning any reason whatsoever.
(f) The Constituent agrees that the “FESPL” 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.
(g) The Constituent agrees that any change in their account status or change of address will be immediately informed to the “FESPL”.
(h) The Constituent agrees that all instructions relating to their account will be issued in writing satisfactory to the “FESPL” in form and content.
(i) The Constituent agrees that they shall not pay &/or deposit in the bank account of “FESPL” any amount in cash to any Sales Representative, authorized person, employee or associate of the “FESPL” at the time of opening an account or carrying out any transaction in the normal course of the business.
(j) The Constituent agrees that the “FESPL”. may disclose customer information, in strict confidence, to any of its agent/s and/or contractors with whom the “FESPL”. enters or has entered into any arrangement in connection with providing of services.
XI. Customer: Customer refers to any person who has a “FESPL”. Account and who has been authorised by the “FESPL” to avail of the said facility.
XII. Personal Information Personal Information refers to the information about the Customer obtained in KYC or connection with Electronic Payment Gateway for Net banking or otherwise.
XIII. Stock Exchanges: Stock Exchanges refers to National Stock Exchange of India Ltd, BSE Limited, and/or any other exchange to which “FESPL” companies have/will have membership.