Terms and Conditions
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 Services.

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.

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(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: -

  1. "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 the Portal.



  2. "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.

  3. "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) below).

  4. "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.

  5. "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.

  6. "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.

  7. "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.

  8. "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.

  9. "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.

  10. "e-trading" shall mean on-line trading of securities by the Client through IDBICapital.

  11. "Investment Account" means the Trading Account of the Client maintained by IDBICapital through which the on-line trading shall be carried out.

  12. "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.

  13. "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 trading member.

  14. "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).

  15. "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.

  16. "e-capital" is a facility wherein the Client is allowed to carry on on-line trading of securities through the Portal of IDBICapital.

  17. "Default demat account" means the demat account wherein the Client is the first holder of such account and :

    1. in whose favour the trading Investment Account is open & made operational;
    2. who is the joint holder for various other demat accounts linked to the Portal; and
    3. in whose favour the Power of Attorney has been executed by all the holders of the various demat account linked to the Portal.



Interpretation of the Terms and Conditions, unless repugnant to the context or meaning thereof, shall mean and include: -

  1. reference to a particular gender shall be deemed to include other genders; and
  2. the singular shall be deemed to include the plural and vice versa
  3. the word "includes" should be construed as if the words "without limitation" appear thereof; and
  4. any amendments during the subsistence of the Client Portal Agreement will be through mutual exchange of letters signed by all the concern Parties.

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(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' demat Account.

(C) Eligibility

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.

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(D) Client Registration, Password and Secrecy:

  1. 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 characters/ digits.


  2. 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:
    1. 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


    2. ensure that you logout from your account at the end of each session.
  3. 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.


  4. 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.


  5. 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.


  6. 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 password(s).

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(E) Code of conduct to be maintained:

This shall apply to all the visitors, registered users and customers accessing the Portal. You shall not -

  1. Restrict or inhibit any other person from accessing, using and enjoying the Portal or the Facilities/activities;
  2. Use the Portal for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions;
  3. 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 thereof;
  4. 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;
  5. 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;
  6. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
  7. 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);
  8. 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 holder thereof;
  9. 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;
  10. attempt to decompile or reverse engineer any of the software available on the Portal.
  11. 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.

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.

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(F) Other General Terms :

  1. 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.


  2. 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.


  3. 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.


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Exchange Segment

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.

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(G) Liability Clause The Client agrees :
  1. to provide true, accurate, current and complete information about yourself as prompted by the registration form on the Portal; and
  2. to from time to time maintain and update this information to keep it true, accurate, current and complete at all times.
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.

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 whatsoever.

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(H) TERMS & CONDITIONS GOVERNING PORTAL BASED TRANSACTION WITH www.idbipaisabuilder.in

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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. CASH PRODUCT PURCHASE OF SECURITIES

  7. 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 regard.

  8. 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.

  9. 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.

  10. SALES AND PURCHASE OF IN MARGIN SECURITY PRODUCTS (Short Sales and Long Buys):
    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 the same.

  11. 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.

  12. 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.

  13. 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.

  14. OTHERS

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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).

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(J) TERMS AND CONDITIONS GOVERNING SPECIFIC FACILITIES :
  1. 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.

  2. 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 requirements.

  3. 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 regulatory authorities.

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(K) GENERAL TERMS AND CONDITIONS/ REPRESENTATIONS AND WARRANTIES :
  1. 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 date.

  2. 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.

  3. 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.

  4. 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 Client(s) .

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  5. 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.

  6. 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.

  7. 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 hereunder.

  8. 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/ request.

  9. 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.

  10. 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.

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  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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) .

  16. 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.

  17. IDBICapital may in their sole discretion close the accounts of the Client(s) in the event of death or insolvency of the Client(s) .

  18. 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.

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(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 later.

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(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 account.

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 quantity.

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 subsequent settlement(s).

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.

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(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.

(O) INDEMNITY:
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 any Supplier.

(P) MISCELLANEOUS:
  1. 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 Conditions.

  2. 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 Conditions.

  3. 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.

  4. 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.

  5. 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 severally.

  6. The content presented at the portal may vary depending upon your browser limitations.

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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.
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