Terms and Conditions pertaining to e-trading facilities /activities :
The following should be read carefully and accepted prior to becoming a Client
for offline and online trading i.e. for trading, viewing, downloading, using,
copying, 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 Portal
and/or entering into any securities dealings through IDBI Capital Market
Services Ltd. (hereinafter referred to as "IDBICapital") whether by use of any
of the facilities available on the portal, or by any other means whatsoever.
The use of the Portal is conditional upon and subject to, acceptance of and
compliance with, the Terms & Conditions.
The Portal is owned, operated and maintained by the IDBICapital.
The Services offered by the IDBICapital include the sale and purchase of
dematerialized securities trading on the NSE (online e-trading through the
Portal and also in off-line trading and delivery of shares on specific
direction received by IDBICapital at any of their terminals) in the Capital
Market/ F&O segments 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 but does not include Portfolio Management
IDBICapital may in its discretion alter, add to or delete the Terms and
Conditions from time to time without any prior notice. It is your
responsibility to ensure that periodically on every occasion that you access or
use the Portal or any Facility, product or service displayed or offered on the
Portal that you return to this page and review the Terms and Conditions for any
alterations, additions or deletions. Unless otherwise specified by IDBICapital
all alterations, additions and deletions shall take effect automatically and be
binding on and from the day they are posted on the Portal. By continuing to
access or use the Portal or any Facilities, products or services offered on the
Portal, you will be deemed to have agreed to accept and be bound by such
altered, added to or deleted Terms and Conditions.
(A) General Definitions and Interpretations:
In these Terms and Conditions (including the Introduction above), unless
the context otherwise requires, the following words and phrases shall have the
meaning assigned to them hereunder: -
Interpretation of the Terms and Conditions, unless repugnant to the
context or meaning thereof, shall mean and include: -
"Client" means any person who is registered as a user with IDBICapital and who
avails or seeks to avail of any facility/ service provided by IDBICapital on
"Client loginID" means the user identification allotted to the Client at the
time of registration, which will enable the Client to enter into transactions
and do such other acts as the Portal, may permit.
"Client Password" is an alphanumeric code of minimum length 8 characters, by
entering of which the Client would be able to log-in into the Portal trading
account and do the trading and/or do such other acts as the Portal may permit.
For higher security, this will be supplemented by TPIN (defined under (A)(I)(6)
"Call Center" means the call center which may be set up by IDBICapital or a
Independent Service Provider to assist the Client in connection with the Portal
trading transactions pertaining to the facilities displayed or offered thereon
or to be offered.
"Person" includes an individual or a company or a body corporate or an
association of persons (whether incorporated or not) or a trust or a
partnership firm or a society or any other body whatsoever.
"TPIN" is an abbreviation for Trading PIN and is allotted by IDBICapital to a
Client to enable him to perform such trading activities as IDBICapital may
permit over the telephone through the web, call center or other channels.
"Independent Service Provider" means a person not being an alliance Partner,
who provides a service to IDBICapital in order to enable IDBICapital to operate
and/ or maintain the Portal, provide any features on the Portal or provide any
facility, which is provided by IDBICapital.
"Affiliates" shall mean and include any company which is the holding company or
subsidiary of IDBI Capital Market Services Limited; or a Person under the
control of or under common control with IDBI Capital Market Services Limited;
or any person, in 26% or more of the voting securities of which IDBI Capital
Market Services Limited has a direct or beneficial interest or control. For the
purpose of this definition 'control' together with grammatical variations when
used with respect to any person, means the power to direct the management and
policies of such person, directly or indirectly, whether through the ownership
of the vote carrying securities, right to appoint member(s) to the Board of
Directors by contract or otherwise howsoever.
"Portal" means the internet website presently owned and maintained by
IDBICapital at www.idbipaisabuilder.in, and its sub-sites including the pages
of the website and any applets, software and content contained in the website.
However, the same is subject to the sole discretion of IDBICapital to change
the same and the intimation of the same shall be given through the Portal.
"e-trading" shall mean on-line trading of securities by the Client through
"Investment Account" means the Trading Account of the Client maintained by
IDBICapital through which the on-line trading shall be carried out.
"Facilities", "Activities" 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 Portal as may be provided
on the portal from time to time, [other than any information directly required
in relation to the Services.
"Services" provided by IDBICapital shall mean the purchase and/or sale of the
Admitted Securities upon receipt of order(s)/ request(s), either electronically
via the Portal or orally via telephone (as stipulated in Client Portal
Agreement) or written, from the Client to purchase and/or sell the same and
shall include such other services and facilities that may be offered from time
to time by IDBICapital, in its position as a SEBI registered broker and NSE/BSE
"Designated Depository /Demat Account" refers to the account opened by Clients'
with IDBICapital for holding securities in electronic form, which may be in
individual name or in joint names. However, the operation of the same shall be
by the first holder of the demat account who shall be so authorized by the
other joint holders by way of execution of Power of Attorney. This demat
account is operated under National Securities Depository Limited (NSDL) through
IDBICapital as a Depository Participant (DP).
"e-mat" is a facility provided by IDBICapital on the Portal for executing the
Depository transactions wherein the securities are held in a dematerialized
form in the designated depository/ demat account held by the Client with
IDBICapital. However, the Clients' can nominate someone in Clients' Demat
Account, who becomes the beneficiary of the shares held in the Account in the
unfortunate event of demise.
"e-capital" is a facility wherein the Client is allowed to carry on on-line
trading of securities through the Portal of IDBICapital.
"Default demat account" means the demat account wherein the Client is the first
holder of such account and :
in whose favour the trading Investment Account is open & made operational;
who is the joint holder for various other demat accounts linked to the Portal;
in whose favour the Power of Attorney has been executed by all the holders of
the various demat account linked to the Portal.
reference to a particular gender shall be deemed to include other genders; and
the singular shall be deemed to include the plural and vice versa
the word "includes" should be construed as if the words "without limitation"
appear thereof; and
any amendments during the subsistence of the Client Portal Agreement will be
through mutual exchange of letters signed by all the concern Parties.
(B) Opening e-trading Account
In order to open a e-trading Account the Client should either possess a
existing demat account with IDBICapital or open a new demat account with
IDBICapital wherein the securities of the Client shall be held in a electronic
form. If Client already has a demat Account with any other DP, then the same
Account can be linked to Clients' e-trading Account. However, the e-trading
account with IDBICapital shall be in the name of a single individual only.
Client also needs to open a bank account IDBI Bank or any other Designated Bank
with whom IDBICapital shall have a tie-up from time to time. All receipts and
payments for buying and selling of shares and all commissions and charges will
be posted to the Clients' Trading Account. Shares which Clients' buy and sell
through the e-trading Account will be received in or delivered from Clients'
To open a e-trading Account, you must be of atleast 18 years of age who can
enter into a legally binding contract under the applicable law and possessing
all the other eligibilities as specified under the applicable laws of the land
and Clients' will operate this on an individual basis only. In the event of any
material change in the status of the Client due to unforeseen circumstances,
whereby the Client becomes ineligible the same shall be intimated to
IDBICapital at the earliest and IDBICapital shall not be liable for any loss or
damage caused to the Client during this transition period.
Citizens and residents of countries other than India (collectively,
"non-residents") shall access, use and avail of the Portal and the Facilities
only to the extent the domestic laws of India and such countries permit them to
access, use and avail of the Portal and the Facilities. All non-residents
understand that by accessing, using and availing of the Portal and the
facilities/activities, they may be violating the local laws in India and/or
such countries. You agree that you will be solely and absolutely liable for any
liability incurred by you in this regard and you will indemnify IDBICapital
against any liability incurred by IDBICapital in this regard.
(D) Client Registration, Password and Secrecy:
Subject to the Terms & Conditions, upon registration the client will be
provided a User ID and a password which shall be a code of 8 alphanumeric
You will be solely and absolutely responsible for maintaining the secrecy and
confidentiality of all your IDs and passwords (which term includes ICAP-PINs)
and you will be fully and absolutely responsible and liable for all
transactions and activities that occur under your ID and password including any
unauthorized use or misuse of your ID and/or password. You will be responsible
and liable if any third party gains access to the Portal or any
facility/acitivity through the use of your ID or password, and you hereby agree
to indemnify IDBICapital and hold IDBICapital harmless against any liability,
costs, damages, claims, suits and proceedings based upon or relating to such
unauthorized access and use. Without prejudice to the aforesaid, you agree to:
immediately notify IDBICapital via e-mail and Registered Post AD, or through
the Call Center, of any suspected loss, theft, unauthorized usage of the ID or
password, any other breach of security, or any receipt by you of confirmation
of a transaction, fund or securities transfer or other activity which you did
not authorize; or any inaccurate information in your account balances,
securities positions or transaction history and
ensure that you logout from your account at the end of each session.
IDBICapital shall have no obligation to verify the authenticity of any such
transaction or activity entered into using your ID or password. IDBICapital
shall not be responsible for any mistake or error made by you in keying in the
transaction or activity as to the nature of the transaction / activity, with
respect to any facts or figures or otherwise.
In the event of you forgetting your ID and/ or password, you may send a written
request to IDBICapital at the address provided on the Portal giving the details
as requested by IDBICapital. On IDBICapital being satisfied of your identity
(which satisfaction shall be entirely at the discretion of IDBICapital),
IDBICapital shall send the password to your e-mail address registered with
IDBICapital. IDBICapital shall not be liable if it declines to furnish the ID
by reason of it not being satisfied as to your identity. However, IDBICapital
shall subject to verification and satisfaction as stated above, due to security
reasons instead of sending you your old password may generate a new password
which shall be communicated to you at the e-mail address provided by you. Upon
generation of the new password, IDBICapital shall discontinue the use of the
old password. However, you shall be responsible and liable for all transactions
that are carried out by the use of the old Password, till the time of
discontinuation of the old ID or password.
Notwithstanding anything stated elsewhere in the Terms and Conditions, and
despite correct use of your ID and password, IDBICapital shall be entitled in
its sole discretion (but shall not be bound) to seek offline and/or additional
written or other confirmation from you of any instruction, transaction or
activity as IDBICapital may deem fit.
In the event that the certifying authorities and other infrastructure
contemplated under the Information Technology Act, 2000 or any other law for
the time being in force, for ensuring secure electronic records and secure
digital signatures is notified by the concerned authorities and the
infrastructure to enable the same is in place, IDBICapital shall have the right
to require you to communicate instructions and authorize and execute
transactions and other activities by means of such secure electronic records
and secure digital signatures in addition to, or in place of, the use of
(E) Code of conduct to be maintained:
This shall apply to all the visitors, registered users and customers accessing
the Portal. You shall not -
You shall use any software provided on, by or through the Portal only for the
purposes for which it has been provided to you and for no other purpose.
Restrict or inhibit any other person from accessing, using and enjoying the
Portal or the Facilities/activities;
Use the Portal for any purpose that is unlawful in any jurisdiction or not
permitted by the Terms and Conditions;
modify, copy, distribute, transmit, display, perform, publish, license, create
derivative works from, transfer or sell any information, designs, logos,
trademarks, software, Facilities, products or services obtained on or through
the Portal, except as permitted by the copyright owner or other right holder
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive, or otherwise
objectionable information or statement of any kind including, without
limitation, any information or statement constituting or encouraging conduct
that would constitute a criminal offence, give rise to civil liability, or
otherwise violate any local, state, national, foreign or other law;
post or transmit any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes or other unsolicited commercial
communication (except as otherwise expressly permitted by IDBICaptial) or
engage in spamming or flooding;
post or transmit any information or software which contains a virus, Trojan
horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained from or through the Portal for
commercial purposes (other than as expressly permitted by the provider of such
information, software or other material);
upload, post, publish, transmit, reproduce or distribute in any way,
information, software or other material obtained on or through the Portal which
is protected by copyright or other proprietary right, or derivative works with
respect thereto, except as permitted by the copyright owner or other right
upload, post, publish, reproduce, transmit or distribute in any way any
component of the Website itself or derivative works with respect thereto,
except as permitted by TOML or the copyright owner or other right holder
thereof, the Portal being copyrighted under the relevant laws;
attempt to decompile or reverse engineer any of the software available on the
You will not make any attempt to hack into the Portal or otherwise attempt to
subvert any firewall or other security measure of the Portal and if you become
aware of any shortcoming in the security on the Portal you shall forthwith
inform IDBICapital of the same in writing.
(F) Other General Terms :
IDBICapital shall endeavor to take reasonable measures, which may include
encryption, to ensure that your personal information is not disclosed to any
person except to IDBICapital, Alliance Partners, Service Providers, other
persons to whom the information may be provided as per IDBICapital's Privacy
Policy and other persons specified by you. However, the Internet is an open
system and IDBICapital cannot, and does not, guarantee that the personal
information which you furnish will not be intercepted or accessed by others and
decrypted IDBICapital, the Alliance Partners and Service Providers shall not be
liable or responsible should any confidential or other information provided by
or pertaining to you (included bank account numbers, passwords, personal
identification numbers, IDs, transaction details, etc.) be intercepted and
subsequently used by an unintended recipient.
Any scheme for awarding or securing credit points or other rewards or prizes
(by whatever name called) is available only to Persons who are eligible for the
same under the rules of the concerned scheme and the applicable laws of India
and other concerned jurisdictions. You are therefore required to verify that
you are eligible before participating in any such scheme. IDBICapital is not
responsible or liable for the performance, quality or any other aspect of any
rewards, prizes or items manufactured or supplied by third parties against any
redemption of the points or otherwise pursuant to such scheme, and your
recourse for the same will be only against the persons who have manufactured or
supplied the same. Eligibility of credit points, awarded as per IDBICapital's
Policy, is exclusive. This cannot be clubbed with any existing offer, unless
otherwise specified explicitly. Redemption of reward points for free
transactions is subject to special conditions which may vary on the mode of
remittance other factors, if any.
Quotes, research information, historical information and other content on the
Portal is provided by Reuters (formally known as Multex), Center for Monitoring
Indian Economy, Investment Research & Information Services Ltd., Business
Standard and/or other persons / entities. Daily updates are subject to receipt
from the respective third party data contributors. The latest quotes are
subject to market fluctuations and will be subject to a delay. Market quotes
and other information on the Portal, as well as reference materials or links to
other sites, are for general informational purposes only, and are not intended
to be relied upon for transactional or other purposes. Neither IDBICapital nor
any of its data or content providers shall be liable for any errors or delays
in the content, or for any actions taken or omitted to be taken in reliance
thereon. Opinions expressed in any information contained on the Portal are not
indication of prospective rating / grading. Any ratings awarded by the content
providers,Affiliate Partners, Service Providers, the Portal or IDBICapital
should not be treated as a recommendation to buy/sell/hold any Security and you
shall rely exclusively on your best judgement in respect thereof. Stock quotes
and mutual fund Net Asset Values ("NAVs") and news stories, which are accessed,
may be delayed.
Clients' can currently trade at the National Stock Exchange of India Limited
(NSE). For all the stocks which are in the compulsory rolling segment (EQ
series, on NSE) trades will be executed in this segment. IDBICapital may add
other exchanges like Mumbai Stock Exchange (BSE) later. However, IDBICapital
shall at its sole discretion add or delete the name of any Exchanges from time
to time, the intimation of which shall be given to the Client on the Portal.
Eligibility of List of stocks:
All the stocks that are held in dematerialization form viz. demat form are only
traded on the Portal.
(G) Liability Clause The Client agrees :
Client shall indemnify IDBICapital for any losses caused to IDBICapital due to
any information provided by him/her/it to IDBICapital being untrue, inaccurate,
not current or incomplete in any respect, and IDBICapital shall not be
responsible for any losses sustained by him/her/it due to any information
provided by the Client to IDBICapital being untrue, inaccurate, not current or
incomplete in any respect. If any information provided by the Client is untrue,
inaccurate, not current or incomplete, IDBICapital has the right to terminate
the Clients' registration and refuse the Client access to or use of the Portal
or any facilities/ activities.
to provide true, accurate, current and complete information about yourself as
prompted by the registration form on the Portal; and
to from time to time maintain and update this information to keep it true,
accurate, current and complete at all times.
All orders/ requests entered by Client, either electronically or otherwise are
based upon their investment decisions and their sole responsibility and will
not hold, nor seek to hold IDBICapital or any of its officers, directors,
employees, agents, subsidiaries or affiliates, liable for any trading losses or
other losses incurred by Client, including in the event that any order/ request
is placed by the Client 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 Portal.
To avoid any ambiguity it is hereby provided that notwithstanding anything
contained in these Terms & Conditions or in the Client Portal Agreement or
any other understanding or agreement between IDBICapital and the Client,
IDBICapital's own records of the order/ requests, cancellations, modifications,
trades and transactions, in whatsoever manner maintained shall be deemed to be
and is hereby accepted by the Client as conclusive and binding on the Client
for all purposes and further the Client shall not challenge the accuracy,
truth, or correctness of the said records in any manner and for any purpose
(H) TERMS & CONDITIONS GOVERNING PORTAL BASED TRANSACTION WITH
All the necessary terms and conditions governing the transactions which apply
to Clients' account with IDBICapital, a member of National Stock Exchange and
The Stock Exchange, Mumbai (hereinafter referred to as the "Exchanges"), a
Company incorporated under the Companies Act, 1956 and registered as a
Depository Participant (Collectively referred to as IDBICAP). Access to, use of
the account and the Portal services provided by IDBICAP are subject to the
Client's compliance with all the terms and conditions set forth herein.
(I) TERMS & CONDITIONS GOVERNING IDBICAPITAL
The Terms and Conditions governing the purchase, sale or any other transaction
in each of the Investment Products shall cause to be displayed by IDBICapital
as and when they are introduced. Provided that IDBICapital shall be entitled to
modify/amend/ alter/delete the said Terms and Conditions and the same shall be
displayed on the Portal, so as to intimate the modification/ amendments/
alteration/ deletions to the Client(s). However, continued use of the Portal by
the Client(s) shall be deemed to be an implied acceptance by the Client(s) of
the modified/ amended/ altered/ deleted Terms and Conditions and the same shall
hold good in all the circumstances.
IDBICapital has satisfied itself and shall continue to satisfy itself about the
genuineness and financial soundness of the Client(s) and investment objectives
relevant to the services. Provided that the Client(s) shall ensure that any
material change which may have an impact on the Client(s) capacity to transact
through IDBCapital shall be intimated to it within reasonable time in writing.
All transactions executed/ to be executed by IDBICapital shall be in accordance
with the applicable Laws, Rules, Byelaws and Regulations governing the specific
Investment Product, as prescribed from time to time. IDBICapital may from time
to time impose and vary limits on the order/ requests which the Client(s) may
place, including exposure limits, turnover limits, limits as to numbers etc.
The Client(s) agree that IDBICapital shall not be responsible for any variation
or reduction that may be deemed necessary by IDBICapital based on its risk
perception and other relevant factors.
In the event of an order/ request being annulled by the Exchange(s),
IDBICapital shall have the right to cancel any/all relative order/ request(s)
placed by the Client(s). IDBICapital shall take all reasonable steps to make
the Client(s) aware of the nature of IDBICapital's liability for business that
it conducts, including any limitations on that liability and its capacity as
the Client(s) Agent.
EXECUTION OF ORDER/ REQUESTS/REQUESTS AND CONFIRMATIONS
Generally order/ requests are routed through the market, of which certain
order/ requests, at IDBICapital's sole discretion, may be subject to manual
review and entry, in turn causing delays in the processing of execution of
their order/ requests. Client(s) also understand that with respect to market
order/ request, Client(s) will receive the price at which their order/ request
was actually executed in the marketplace, which may be different from the price
at which the security is traded when their order/ request is entered into
IDBICapital's system. In the event of the Client failing to square off all the
deals pertaining to Margin Trading (it is a intra-day trading), IDBICapital
reserves its right to do the same, at the end of each day trading.
CASH PRODUCT PURCHASE OF SECURITIES
CASH PRODUCT PURCHASE OF SECURITIES
Any order/ request for purchase of securities on the Exchange(s) shall be
subject to the Client's account containing sufficient buying power prior to the
execution of the order/ request. An order/ request inadvertently processed, in
spite of insufficient balances in the Client's bank account or the account
maintained with IDBICapital shall at IDBICapital's sole discretion be subject
to cancellation or liquidation. However, the Client shall be responsible for
all his order/ requests, including any order/ requests, which exceed the
available limits in his account. The Client shall credit the required fund to
his bank account through cheques, electronically or other mode, to promptly
ensure that the payment shall be received and processed on or prior to the
settlement date or a date intimated by IDBICapital, whichever is earlier. In
the event of non-receipt of the same, IDBICapital may square off the same
without any prior intimation to the Client. In the event of liquidation of the
account, the Client shall be liable for any resulting losses and all associated
costs incurred by IDBICapital. However, if due to internal netting of Client's
obligations at IDBICapital itself, a Client receives short delivery, then
IDBICapital may buy in the required quantity and deliver the shares to the
Client or it may credit the buying Client who received short delivery with an
amount calculated at the rate of the Exchange's weighted average auction price
for that scrip on the relevant auction date or any other rate as may be decided
by IDBICapital, and the equivalent amount will be debited to the concerned
selling Client, who delivered short. As this being the normal market practice
adopted, no further queries/claims will be entertained by IDBICapital in this
CASH PRODUCT SALES OF SECURITIES
The proceeds of all sales will be credited to the Investment Account maintained
with IDBICapital directly on settlement date. Proceeds of the sale cannot be
paid to Client(s) until securities have been delivered to the Exchange/Clearing
House & pay out is received from the Exchange/Clearing House. However, to
process order/ requests for sale of securities, the Client shall ensure
sufficient balance in the Demat Account with the Depository Participant prior
to the acceptance of the sale order/ request or other securities in the custody
of IDBICapital. If the securities are not received on or before settlement date
or securities received are not in deliverable state or due to any other reason
whatsoever, Client(s) are not able to deliver securities, the securities will
be Auctioned or closed out as per the rules of the concerned Exchange.
Consequently, Client(s) will be responsible for any resulting losses and all
associated costs including penalty levied by the Exchange.
MODE OF SERVICE AND COMMUNICATIONS :
IDBICapital may, in its discretion, send any document that is obligatory to be
sent to the Client by means of an electronic communication with the possible
exception of graphic insertions such as photographs or logotypes. The said
electronic communication may be in the form of fax, e-mail, an e-mail
attachment or in the form of download available on the Portal. Notices and
other communications may also be provided to Client(s) verbally. Every document
so sent shall contain all such information as is mandated by the concerned
statutory and /or regulatory authority and shall be in consonance with the
printed hardcopy version as prepared and distributed by the Originator. The
Client shall download the said document promptly on intimation of a notice of
its display. In the event of any difficulty to download the said document,
IDBICapital, on a request being made by the Client, in its discretion make the
required delivery by such other means, as it may deem appropriate. The Client
shall approach IDBICapital within twenty - four hours from the delivery /
display of the document, intimating any inability to access /download the said
document, failing which the due delivery and acceptance shall be presumed.
Failure to advise IDBICapital of such difficulty within forty-eight hours after
delivery shall serve as an affirmation that Client(s) were able to receive and
open the said document. IDBICapital would be deemed to have fulfilled its legal
obligation to deliver a document to the Client, if it is sent by electronic
mode. In all cases, IDBICapital reserves the right to determine the validity of
their objection to the transaction.
SALES AND PURCHASE OF IN MARGIN SECURITY PRODUCTS (Short Sales and Long
The Client shall ensure that before executing any purchase order/ request
Client(s) possesses the requisite funds in the investment account which may be
equal to or greater than applicable margin. Any order/ request accepted without
free stock balance in the account would be deemed a short sale. Short Sales can
be settled by squaring off the trade within same trade cycle. In the event of
the Client(s) not squaring off the position by the stipulated time before the
close of market hours, IDBICapital reserves all the rights to square off the
position on the same day before the close of market hours. In the event of the
Client failing to make good the short sell or long buy within such stipulated
time, IDBICapital shall rectify the same and the Client shall be held in
default for the same. Client(s) are responsible for any losses or expenses
incurred by IDBICapital's as a result of their failure to make such
delivery/square off the trade. As and when the regulatory and statutory bodies
come up with new circulars, notifications or guidelines effecting the
operations, trading and other related matters IDBICapital will modify these
terms and conditions to meet the requirements and the client shall adhere for
ADDITIONAL COLLATERAL AND LIQUIDATION
In the interest of IDBICapital, the Client(s) may be required to immediately
deposit cash or collateral into their account prior to any applicable
settlement date in order to assure due performance of their open contractual
commitments. In the event of default IDBICapital has the right to sell/ buy any
or all securities and other property in their account, which may be short in
their account, cancel any or all open order/ requests and/or close any or all
outstanding contracts. In addition, Client(s) understand and agree that
IDBICapital may exercise any or all of the above rights without demand for
additional cash or collateral, or notice of sale or purchase, or other notice
or advertisement. Any such sales or purchases may be made at any time at
IDBICapital's discretion on any exchange or other market where such business is
usually transacted, or at public auction or private sale, or IDBICapital may be
the purchaser/seller for its own account. It is understood that giving of any
prior demand or call or prior notice of the time and place of such sale or
purchase shall not be considered as a waiver of IDBICapital's legal right to
sell or buy without any such demand, call or notice.
IDBICapital's RIGHT TO SQUARE OFF
Client(s) agree that IDBICapital would have the discretion to square off the
position of Client(s) in following circumstances: In case of Margin Trades, if
the open position is neither squared off nor converted to Delivery by Client(s)
within the stipulated time. In case of Margin Trades, where Mark to Market Loss
on the open position has reached the stipulated % of the margins placed with
IDBICapital's and the Client(s) have not taken any steps either to replenish
the margin or reduce the Mark to Market Loss. In all other cases where the
margin or security placed by the Client(s) falls short of the requirement or
where the limits given to the Client(s) have been breached or where the
Client(s) have defaulted on their existing obligation Client(s) agree that
although the auto square off trigger point is pre-defined, subsequent to which
IDBICapital could exercise its discretion to carry out the off within a
reasonable period of time, the actual execution could happen at a price
different from the trigger point and the Client(s) agree to bear the loss based
on actual executed price. IDBICapital shall also have the right to cancel any
or all open order/ requests and/or close any or all outstanding contracts.
Client(s) understand that in case the Auto Square off does not take place due
to certain reasons like price band, etc. then IDBICapital shall exercise the
option of CD (Convert to Delivery). If CD also fails due to
non-availability/shortage of Demat shares, then for the open sale position, the
Client(s) will have to face auction or close out as per the rules of the
concerned Exchange. Consequently, Client(s) will be responsible for any
resulting losses and all associated costs including penalty levied by the
Exchange. If CD also fails due to insufficient funds/no funds, then for the
open buy position, the shares will not be delivered to the Client(s) and
IDBICapital will liquidate the shares anytime and the Client(s) will be liable
for any resulting losses, brokerage and all associated costs incurred by
IDBICapital. IDBICapital reserves the right to square off any open margin
positions, if the current market price breaches a specified percentage when
compared with the previous day's closing price for that scrip.
TERMINATION OF SERVICE
The services may be withdrawn anytime by IDBICapital provided the Client(s) are
given reasonable notice under the circumstances. If the service is withdrawn
for a reason other than the breach of the terms and conditions by the
Client(s), IDBICapital's liability shall be restricted to the return of the
annual charges, if any, recovered from the Client(s) for the period in
question. The closure of all accounts of the Client(s) will automatically
terminate the Portal services of IDBICapital. IDBICapital may suspend or
terminate trading facilities without prior notice if the Client(s) have
breached these terms and conditions or IDBICapital has learnt of the death,
bankruptcy or lack of legal capacity of the Client(s). However, the Agreement
provides for termination of the agreement on mutual consent of the parties by
giving atleast one month written notice and such cancellation /termination
shall not effect the rights and liabilities of the parties in respect of the
transactions executed before the date of such notice.
The provisions of the agreement signed between the Client and IDBICapital shall
always be subject to Government notifications, any Rules, Regulations and
guidelines issued by SEBI and Stock Exchange Rules, Regulations and Bye-laws
that may be in force from time to time.
In the event of death or insolvency of the Client or he otherwise becoming
incapable of receiving and paying for or delivering or transferring securities
which the Client has order/ requested to be bought or sold, IDBICapital 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.
The instructions issued by an authorized representative of the Client shall be
binding on the Client in accordance with the letter authorizing the said
representative to deal on behalf of the Client.
The Stock Exchange may cancel a trade suo-moto without giving any reason
thereof. In the event of such cancellation, IDBICapital shall be entitled to
cancel relative contract(s) with Client.
All trades, transactions and contracts are subject to the Rules and Regulations
of the Exchange(s) and shall be deemed to be and shall take effect as wholly
made, entered into and to be performed in the city of Mumbai and the parties to
such trade shall be deemed to have submitted to the jurisdiction of the Courts
in Mumbai for the purpose of giving effect to the provisions of the Rules and
Regulations of the Exchange(s).
(J) TERMS AND CONDITIONS GOVERNING SPECIFIC FACILITIES :
IDBICapital shall not be liable to the Client(s) for any loss caused to the
Client(s) due to any reorganization in the securities which the Client(s)
holds, including, but not limited to, stock splits and reverse stock splits.
IDBICapital shall also be under no obligation to notify the Client(s) of any
such reorganization. IDBICapital will also not be responsible for the clear
legal title, validity or genuineness of any securities, which have been
dematerialized and notified subsequently by the Registrar of any defects in its
title/validity, which has resulted in a reduction of the dematerialized
holdings in their account.
TRANSFER OF SECURITIES WHEN COMPLETE
Even if the necessary documents are furnished in a timely manner, there may be
delays with the processing of such securities. IDBICapital, at its sole
discretion, may require that such securities not be sold/bought or transferred
until there is a clear legal transfer. Client(s) are responsible for all costs
associated with compliance or failure to comply with all the regulatory
CLIENT(S) RESPONSIBILITY REGARDING CERTAIN SECURITIES
Certain securities may grant the holder thereof valuable rights that may expire
unless the holder takes action. These securities include, but are not limited
to, options, warrants, stock purchase rights, convertible securities, bonds and
securities subject to a tender or exchange offer. Client(s) are responsible for
knowing the rights and terms of all securities in their account. If, due to a
reorganization or book-keeping or data entry error, Client(s) sell more shares
of a security than Client(s) own, then IDBICapital will not be responsible for
any losses that the Client(s) may incur. IDBICapital shall at no time be under
an obligation to notify the Client(s) of any upcoming expiration or redemption
date or to take any action in relation to certain securities including but not
limited to options, warrants, stock purchase rights, convertible securities,
bonds and securities subject to a tender or exchange offer, which grant the
holder thereof valuable rights that may expire unless the holder thereof takes
a particular action. The Client(s) shall be deemed to be aware of the rights,
obligations and terms of all the securities in their account. Provided that
nothing in the foregoing shall be deemed to absolve IDBICapital from any
statutory requirements, legal requirements and/or applicable rules of
(K) GENERAL TERMS AND CONDITIONS/ REPRESENTATIONS AND WARRANTIES :
IDBICapital shall credit the proceeds of the sale etc. of any of the Investment
Products only after IDBICapital has received the same. The proceeds of all
sales will be credited to the Client(s) account directly on the settlement
If the securities are not received on or before settlement date or securities
received are not in deliverable state or due to any other reason whatsoever,
Client(s) are not able to deliver securities, the securities will be auctioned
or closed out as per the rules of the concerned Exchange. Consequently,
Client(s) will be responsible for any resulting losses and all associated costs
including penalty levied by the Exchange.
The Client(s) also acknowledge that the employees of IDBICapital are not
authorized to give out any advice and the Client(s) shall at all times be
responsible and liable for their own actions/inactions. The Client(s) may be
able to access investment research reports through the Internet from the
portal, including computerized on-line services. The availability of such
information does not constitute a recommendation to buy or sell any of the
Investment Products. Any investment decisions will be based solely on the
Client(s)' own evaluation of financial circumstances and investment objectives.
Any real-time quotes provided are only for the Client(s) individual use and the
Client(s) shall not furnish such data to any other person or entity.
The Client(s) agree to indemnify and hold IDBICapital harmless against any loss
that may be suffered by them, its customers or a third party or any claim or
action that may be initiated by a third party which is in any way the result of
improper use of the portal, digital signatures, user ID and password by the
The Client(s) hereby agree to indemnify IDBICapital for any loss, liability,
costs or damages that may be incurred by all or any of them due to a breach of
any of the Client's obligations under the Client Portal Agreement.
The Client(s) affirm and shall continue to affirm every time an order/ request
is placed through IDBICapital or an application preferred, as the case may be,
that all information provided and the statements made in the Account Opening
Form are true and are not misleading (whether by reason of an omission to state
a particular fact or otherwise as at the time of completing the Account Opening
Form or any time thereafter). The Client(s) agree that IDBICapital have agreed
to provide to the Client(s) services at www.idbipaisabuilder.in, the Portal
maintained by IDBICapital, based on the representations contained therein and
in this Agreement.
The Client(s) affirm that they have the required legal capacity to enter into
this Agreement and are capable of performing their obligations and undertakings
The Client(s) shall at all times be liable to pay IDBICapital the brokerage,
commission, service tax and other taxes and transaction expenses as
applicable/notified by IDBICapital on the portal from time to time. The
Client(s) agree that any request for cancellation/modification of an order/
request or an application shall be subject to the order/ request or application
not having been acted upon or already being executed or it being outside the
control of IDBICapital to make any cancellation or modification to such order/
request or application. An order/ request or application shall be deemed to
have been executed or cancelled only after the Client(s) have received a
statement from IDBICapital intimating them of the status of their order/
The Client(s) hereby agree that IDBICapital or the Exchanges shall not be
liable for the non-execution of any order/ request caused due to any
suspension, interruption, non-availability or malfunctioning of the online
trading service or the Exchange system or service for any reasons whatsoever.
The Client(s) agree that IDBICapital may enforce any of the rights, duties and
obligations arising under this Agreement or any related document including the
Power of Attorney either jointly or independently and nothing in this Agreement
shall be construed in a manner so as to restrict the right of IDBICapital to
initiate any action jointly.
The Client(s) agree & authorize IDBICapital to block any security sold from
the designated security account against their order/ request or the order/
request of their Power of Attorney holders' order/ request to sell securities.
If their order/ request gets executed either fully or partially then the
securities sold would be transferred to IDBICapital Account on designated date
& the balance securities, if any, would be unblocked on the trade date.
The Client(s) agree to and undertake to deposit with IDBICapital such cash,
securities or other acceptable securities as may be required as a margin, in
addition to the permanent margin, which may be higher than the margin as
prescribed by the Exchange.
The Client(s) shall choose a password that shall be at least 8 alphanumeric
characters/ digits long and shall at all times keep the
Client(s)-Identification/ username and password confidential. Further, at such
time and within such period as IDBICapital may require, the Client(s) shall
obtain and maintain during the term of this Agreement, digital signatures,
which would aid and assist the Parties and the Client(s) to authenticate all or
any electronic transactions made at www.idbipaisabuilder.in. The Client(s)
shall be responsible for keeping the Client(s)-ID/ Username and password and/or
digital signature confidential and secure and shall be solely responsible for
all order/ requests/requests and transaction that are entered and executed
using the password and/or digital signature whether or not such person was
authorized to do so. In the event of an apprehension of unauthorized access,
the Client(s) shall immediately cause the password and/or digital signature to
be changed. The Client(s) shall at no time allow any unauthorized person access
to their account and shall ensure that the Client log off every time they are
not using the service. The Client(s) shall forthwith intimate IDBICapital of
any unauthorized usage of the same with full details of the date, the manner,
the transactions executed after the unauthorized use.
The Client(s) acknowledge that they are fully aware of the risks involved in
online trading activities, including the risk involved due to unauthorized
access or any technical difficulties.
The Client(s) shall at all times continue to be responsible for any transaction
order/ requested on their accounts prior to the cancellation of the services.
If the service is withdrawn for a reason other than the breach of the terms and
conditions by the Client(s), the liability of IDBICapital shall be restricted
to the return of the annual charges, if any, recovered from the Client(s) for
the period in question. The closure of the accounts of the Client(s) shall
automatically terminate the internet based Portal service facilitated by
www.idbipaisabuilder.in. IDBICapital may suspend or terminate trading
facilities without prior notice if the Client(s) have breached these terms and
conditions or if it learns about the death, bankruptcy or lack of legal
capacity of the Client(s) .
No forbearance, relaxation, failure or delay by any Party in exercising any
right, power or privilege hereunder shall operate as a waiver thereof nor shall
any single or partial exercise of any other right, power or privilege. The
rights and remedies herein provided shall be cumulative and not exclusive of
any rights or remedies provided by law.
IDBICapital may in their sole discretion close the accounts of the Client(s) in
the event of death or insolvency of the Client(s) .
IDBICapital may send the order/ request/trade confirmation slip/online
intimation of successful/unsuccessful applications through e-mail to the
Client(s) at their request, within such period as prescribed or reasonably
possible/practicable for IDBICapital to do so from the time of execution of
order/ request/trade on the National Exchange for Automated Trading (NEAT) or
such other third party as the case may be for effecting purchase/sale or
preferring an application for an investment product, as the case may be, or by
means of electronic record, duly authenticated by IDBICapital. The Client(s)
agree that the information sent by IDBICapital by e-mail is deemed to be a
valid delivery of such information by IDBICapital.
(L) TERMS AND CONDITIONS GOVERNING e-mat FACILITY.
E-mat is an extended facility provided to all the e-capital Clients
facilitating all the depository transactions through the Portal be it market
transaction, off market transactions, inter-depository, pledge, freeze etc. For
the purpose of effecting the transfer of securities the Client has to link the
target accounts (viz. Designated Depository Account) to his linked demat
accounts. IDBICapital shall debit the Investment Account of the Client for the
necessary charges arising out of such transactions.
"Expected securities" means if the security is not in the Clients holding but
expected to be received on a future date.
"Destination account" means the account to which the Client wishes to deliver
the security on a sale.
"Market Transfers" means transfer of securities to brokers' pool accounts for
trades executed through the Stock Exchanges.
"Off-Market Transfers" means transfer of securities to any NSDL Beneficiary
Owners accounts. They can also be used to deliver securities to Beneficiary
accounts of sub-brokers.
"Inter-Depository Transfers" means transfer of securities to any Broker's pool
account, or Beneficiary Owner's account in CDSL. "Execution date" is the date
on which the Client wants the securities to be transferred. Client can give
delivery instructions for current date or future date as the execution date.
Execution date should be on or before the pay-in date for the settlement in
which the Client wishes to deliver securities. The Client's instruction will
fail if adequate balance is not available in the demat account on the execution
date. But when a Saturday comes, then it will be included.
"Open Settlements" are settlements for which trading has commenced or
completed, but exchange pay-in and pay-out are not completed. "Pending
Instructions" are delivery instructions, which are being processed, either at
IDBI Capital or at NSDL. Online instructions which are not yet sent to NSDL,
can be modified or cancelled.
"Lock-in" means Securities are locked-in if there are restrictions on the
disposal of the securities before a specified date. The Client will have to
submit separate Demat Request Form (DRF) for locked-in securities and free
securities for a given ISIN. If the Clients securities are locked-in, it is
normally mentioned on the physical certificates. Securities under Locked-in
Balance are those securities that cannot be transferred or sold until the
expiry of the lock-in release date. Securities under Free Balance are those
securities that do not have any restrictions for transfer or sale.
"Freezing" means when you do not intend to do any transaction in the near
future, you may 'freeze' your Demat Account. This is a safety feature intended
to protect against unauthorized operation of a Demat Account. You may want to
use this feature when you are not likely to operate your account for a long
period. You may freeze your account for debits only or for debits as well as
credits. Please note that if you freeze account for credits, any transfers made
for credit to your account will bounce. Normally you may want to freeze only
debit transactions. Freeze Date can only be next working day after today, or
(M) TERMS AND CONDITIONS GOVERNING Selling Power® FACILITY :
Selling Power' hereinafter referred to as "SP", is a facility offered by
IDBICapital (hereinafter referred to as IDBICapital) to sell the securities
which the Client had purchased through IDBICapital, before the same are
credited to the Client's demat account, and hence the Client need not wait to
sell the securities till the actual credit of the purchased securities into his
SP facility is offered to the Resident Individual Indian Client's of
IDBICapital. Notwithstanding the above, IDBICapital reserves the right to
refuse this facility to any Client or group of Client's at its sole discretion
and without assigning any reason.
IDBICapital shall decide upon the list of securities, which shall be eligible
for this facility. This list would be subject to change at the sole discretion
of IDBICapital from time to time. IDBICapital may also at its sole discretion
decide to withdraw a particular security from the list without notice to the
Client's and without assigning any reasons whatsoever. Currently all scrips in
Normal segment are available under SP facility.
The Client shall be permitted to sell the previously bought security under SP
within such number of days as prescribed by IDBICapital from time to time.
Securities bought on a particular day (i.e. day T) can be sold by the Client
within the period commencing on T+1 day and ending on T + 2 day (or by an
earlier day if so specified by IDBICapital).
The Client will not be allowed to sell the securities on T + 3 day under this
facility. The purchase and sale transactions of the securities under the SP
facility will be on the same Exchange i.e. securities purchased from NSE, will
be allowed to be sold only on the NSE.
Securities purchased by the Client which are pending to be credited to the
Client's demat account can be viewed by the Client after logging in for trading
by clicking 'Selling Power' link on the left had navigation of the Portal and
the Client may place order/ request to sell the eligible securities. The rest
of the details which are required to be filled up are similar to that of a
normal sell order/ request. On the placement of a SP sell order/ request, the
order/ request quantity is added to the existing blocked quantity, if any, and
is shown as the blocked quantity in the security projections. The available
quantity now gets reduced by the blocked quantity. The Client can then place
further SP order/ request/ normal sell order/ request for the available
Pursuant to the Client availing of this facility the securities bought by the
Client in one settlement shall be retained either partly or fully by
IDBICapital in its demat account for the purpose of meeting the pay in
obligation of the Client towards the securities sold by the Client in the
In case there is a short delivery from the Exchange for the earlier buy
transaction, then the Client will also be giving short delivery for his sell
transaction. The Exchange would either give delivery of shares bought earlier
through market auction or shall closeout the buy transactions as per the
Exchange Regulations. However, this would not help the Client in meeting his
sale delivery obligation already committed by him as even if he receives the
shares bought earlier through auction settlement, by that time the securities
pay-in date for his sell transaction would be over. In such case, the Client
will have to face auction proceedings against his sale transaction and will
have to bear the auction losses, auction penalties, cost of funding and any
other incidental charges etc. All costs and consequences of any auction arising
out of such SP sell transactions shall be fully borne by the Client and
IDBICapital would not be held responsible for any such short delivery received
by the Client and the consequential impact thereof.
In case of short delivery, IDBICapital will reduce the trading limits of the
Client to the extent of the likely auction amount. On receiving the actual
auction amount from the Exchange the limits will be adjusted to reflect the
same and the auction amount will be recovered from the customer. In order/
request to recover any pending dues from the Client pursuant to the Client
availing of the SP Selling Power facility, IDBICAPITAL may transfer any
funds/securities pertaining to the Client or may sell the Client's securities.
The use of this facility is entirely voluntary and the facility has to be used
in accordance with the applicable rules/ regulations/ guidelines specified by
the Securities and Exchange Board of India and other competent authorities from
time to time. IDBICapital disclaims all liability for any loss caused to the
Client out of the purchase or sale of securities through use of this facility.
This facility is offered by IDBICapital in accordance with the
rules/regulations/ guidelines specified by the Securities and Exchange Board of
India and other competent authorities from time to time pertaining to secondary
market for securities. IDBICapital reserves the rights to change these terms
and conditions at any time in accordance with the regulations specified.
(N) PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS:
IDBICapital is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing on the Portal, and is the copyright
owner or licensee of the content and/or information on the Portal including but
not limited to any text, images, illustrations, audio clips, video clips and
screens appearing on the Portal. All rights on the Portal are reserved and you
may not download and/or save a copy of the Portal or any part thereof including
any of the screens or part thereof and/or reproduce, store it in a retrieval
system or transmit it in any form or by any means - electronic, electrostatic,
magnetic tape, mechanical printing, photocopying, recording or otherwise
including the right of translation in any language without the express
permission of IDBICapital (except as otherwise provided on the Portal or in the
Terms and Conditions for any purpose) or use it in any manner that is likely to
cause confusion or deception among persons or in any manner disparages or
discredits IDBICapital or Alliance Partners or Service Providers. However, you
may print a copy of the information on this Site for your personal use or
records. This Site is for your personal use. If you make other use of this
Site, except as otherwise provided above, you may violate copyright and other
laws of India and other countries, and may be subject to penalties.
IDBICapital, the Alliance Partners and/or the Service Providers do not grant
any license or other authorization or user of its trademarks, registered
trademarks, service marks, or other copyrightable material or other
intellectual property by placing them on the Portal.
You agree to defend, indemnify and hold IDBICapital, its directors, officers,
employees, Affiliates Partners, and Content and Service Providers harmless from
any and all claims, liabilities, damages, costs, expenses and proceedings,
including reasonable attorneys' fees, arising in any way from your use of the
Portal or the placement or transmission of any message, information, software
or other materials through the Portal by you or users of your ID and password
or related to any violation of the Terms and Conditions by you or users of your
of your ID and password, and any claims dispute or differences between you and
The clause headings in the Terms and Conditions are only for convenience and do
not affect the meaning of any provision and shall not be taken into account in
interpreting or limiting the scope of the provisions of the Terms and the
IDBICapital may sub-contract or employ agents to carry out any functions or
services relating to the Portal or any of its obligations under the Terms and
IDBICapital may from time to time send by e-mail or otherwise, information
relating to products and services offered by it or the Alliance Partners or any
other entities, the Facilities, general information related to financial and
other services, advertisements of various products and services etc. to you.
You must at your own cost: (a) provide for your own access to the World Wide
Web and pay any service fees, telephone charges and online service usage
associated with such access, and (b) provide all equipment necessary for you to
make such connection to the World Wide Web, including a computer and modem.
In the case of joint accounts held for demat and/or linking bank accounts,
which are held by you along with one or more others, each account holder may
not be authorised to act independently. For the joint accounts, you must be the
first joint account holder and the Customer ID and the Customer Password may be
issued only to you. The other joint account holders shall be deemed to have
given his/her/their consent to such arrangement. All correspondence will be
addressed to you as the first joint account holder only. All the Terms and
Conditions and all transactions arising in the joint accounts from the use of
any Facility shall be binding on all the joint account holders, jointly and
The content presented at the portal may vary depending upon your browser
The conditions stated in these Terms and Conditions are in addition to the
other terms and conditions stated elsewhere in the Portal. In particular, and
without prejudice to the above, these Terms and Conditions are in addition to
the terms, conditions, procedures and agreements applicable in respect of each
Facility which are stated at the appropriate places in respect of each Facility
or in the agreements to be entered into between IDBICapital and you / the
concerned parties in respect of each Facility.
BY ACCESSING AND/ OR USING THIS PORTAL OR PORTION/ PAGE THEREOF AND/ OR ANY
FACILITIES YOU AGREE TO THE TERMS AND CONDITIONS.