This document contains important information regarding the terms and conditions
which apply to your account with Wealth Discovery Securities Pvt. Ltd., Member of
National Stock Exchange of India Ltd. registered with the Securities & Exchange
Board of India ("SEBI") as a stock broker with SEBI REGN NO.: NSE-INB231435737/INF231435737/
INE231435737 || SEBI REGN NO.: BSE-INB011435733/INF011435833 || FMC REGN NO.: MCX-MCX/TM/CORP/1935
|| FMC REGN NO.: NCDEX-CDEX/TM/CORP/1039. Your access to and use of your
account is subject to your compliance with all the terms and conditions set forth
herein. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference.
The website is owned, operated and maintained by Wealth Discovery Securities Pvt.
Ltd., company duly incorporated under the Companies Act, 1956 and having their Head
Office at 1206, 12th Floor, Kailash Building, K. G. Marg, Connaught Place, New Delhi-110001,
India. Please note that the information contained herein is subject to change without
notice.
1. GENERAL TERMS & CONDITIONS:
1.1 Before availing of the Online trading services the Client shall complete registration
process as may be prescribed from time to time. The Client shall follow the instruction
given in the web-site for registering himself as a client.
1.2 The Client agrees that all investment and disinvestment decisions are based
on the Client's own evaluation of financial circumstances and investment objectives.
This extends to any decisions made by the Client on the basis of any information
that may be made available on the website of Wealth Discovery Securities Pvt. Ltd.
The Client will not hold nor seek to hold Wealth Discovery Securities Pvt. Ltd.
or any of its officers, directors, employees, agents, subsidiaries, affiliates or
business associates liable for any trading losses, cost of damage incurred by the
Client consequent upon relying on investment information, research opinions or advice
or any other material/information whatsoever on the website, literature, brochure
issued by Wealth Discovery Securities Pvt. Ltd. or any other agency appointed/authorized
by Wealth Discovery Securities Pvt. Ltd. Wealth Discovery Securities Pvt. Ltd. does
not represent and shall not be deemed to have represented, that the investment information
on the website is accurate or complete. The Client is aware that any information
on the website based on the research of Wealth Discovery Securities Pvt. Ltd. or
other external sources is subject to normal variations in the stock market and is
merely an estimation of the viability or otherwise of certain investments, and Wealth
Discovery Securities Pvt. Ltd. shall not be deemed to have assumed any responsibility
for such information. The Client should seek independent professional advice regarding
the suitability of any investment decisions. The Client also acknowledges that employees
of Wealth Discovery Securities Pvt. Ltd. are not authorized to give any such advice
and that the Client will not solicit or rely upon any such advice from Wealth Discovery
Securities Pvt. Ltd. or any of its employees.
1.3 SECURITY CODE(S), SECURITY PRECAUTION AND PASSWORD
1.3.1 Wealth Discovery Securities Pvt. Ltd. will provide the client with a username,
a trading password and customer user identification number and Telephone personal
identification number (T-Pin Number) or other identification or security code (by
whatever name called) which enable him to avail of the facilities of Online Trading
through Wealth Discovery Securities Pvt. Ltd.’s website over the telephone or in
any such other manner as may be permitted by Wealth Discovery Securities Pvt. Ltd.
for availing of the services. Wealth Discovery Securities Pvt. Ltd. may also provide
the client with the username and password for accessing its back-office for various
reports, etc, its Online IPO services and for such other services as per the terms
of this agreement. All terms regarding the use, reset and modification of such password
shall be governed by information on the web-site.
1.3.2 The Client is aware that Wealth Discovery Securities Pvt. Ltd.’s Online Trading
System itself generates the initial password and that Wealth Discovery Securities
Pvt. Ltd. is aware of. The Client agrees and undertakes to immediately change his
initial password upon receipt thereof. The Client is aware that subsequent passwords
are not known or available to Wealth Discovery Securities Pvt. Ltd.
1.3.3 The Client shall be responsible for keeping the Username and Password confidential
and secure and shall be solely responsible for all orders entered and transactions
done by any person whosoever through Wealth Discovery Securities Pvt. Ltd.’s Online
Trading System using the Client’s Username and/or Password whether or not such person
was authorized to do so.
1.3.4 The Client shall immediately inform Wealth Discovery Securities Pvt. Ltd.
of any unauthorized use of the Client’s Username or Password with full details of
such unauthorized use including the date of such unauthorizeduse, the manner in
which it was unauthorizedly used, the transactions effected pursuant to such unauthorized
use, etc.
1.3.5 The Client acknowledges that he is fully aware of and understands the risks
associated with availing of on line trading services through internet including
the risk of misuse and unauthorized use of his Username and/or Password by a third
party and the risk of a person hacking into the Client’s account on Wealth Discovery
Securities Pvt. Ltd.’s Online Trading System and unauthorizedly routing orders on
behalf of the Client through the System. The Client agrees that he shall be fully
liable and responsible for any and all unauthorized use and misuse of his Password
and/or Username and also for any and all acts done by any person through Wealth
Discovery Securities Pvt. Ltd.’s Online Trading System on the Client’s Username
in any manner whatsoever.
1.3.6 Without prejudice to the provisions mentioned herein above, the Client shall
immediately notify Wealth Discovery Securities Pvt. Ltd. in writing with full details
if :
- he discovers or suspects unauthorized access through his Username,
Password or account,
- he notices discrepancies that might be attributable to unauthorized
access,
- he forgets his password or
- he discovers a security flaw in Wealth Discovery Securities Pvt.
Ltd.’s Online Trading System.
1.3.7 In any of the above events, the Client shall immediately change his Password.
However, if the Client is unable to change his Password by reason of his having
forgotten his Password or his Password having been unauthorizedly changed by some
other person or for any other reason then the Client shall immediately request Wealth
Discovery Securities Pvt. Ltd. in writing to discontinue his old Password; and thereupon
Wealth Discovery Securities Pvt. Ltd. shall cause Wealth Discovery Securities Pvt.
Ltd.’s Online Trading System to discontinue the use of the Client’s old Password
and Wealth Discovery Securities Pvt. Ltd.'s Online Trading System shall generate
a new Password for the Client which shall be communicated to the Client. The Client
agrees and undertakes to immediately change this password upon receipt thereof.
The Client is aware that subsequent passwords are not known or available to Wealth
Discovery Securities Pvt. Ltd. At no point in time Wealth Discovery Securities Pvt.
Ltd. shall be liable for any loss, whether notional or actual, that may be suffered
by the Client on account of the misuse of the Password.
1.3.8 The Client shall ensure that he is the only authorized user of user name,
customer user identification number, T-pin Number and Password. Wealth Discovery
Securities Pvt. Ltd. shall be entitled to presume that any order or instruction
entered or communicated using the client’s user name customer user identification
number, T-pin number and password is the client’s own order or instruction or that
of the client’s duly authorized representative. The client will be fully responsible
and liable for, and will pay or reimburse to Wealth Discovery Securities Pvt. Ltd.
on demand all costs, charges, damages and expenses incurred by Wealth Discovery
Securities Pvt. Ltd. as a consequence of access and or use of client’s account,
Wealth Discovery Securities Pvt. Ltd.’s system or service by any third party using
the client’s user name, customer user identification number, T-pin number and password.
1.3.9 The Client shall log off from the website at any time the Client is not accessing
or using the Service and any liability incurred to the Client as a consequence of
the Client not logging off the Service shall borne solely by the Client.
2. DEMAT ACCOUNT
2.1 The client agrees to open, maintain and operate a valid de-mat account with
the depository participant designated by Wealth Discovery Securities Pvt. Ltd.
2.2 The client agrees that Wealth Discovery Securities Pvt. Ltd. may require the
client, at any time during the subsistence of any arrangement relating to the subject
matter of these presents, to open one or more de-mat accounts with the depository
participant designated by Wealth Discovery Securities Pvt. Ltd. The client agrees
that the debit/credit for all the transaction may be effected in this/these accounts.
3. BANK ACCOUNT(S)
3.1 The client agrees that Wealth Discovery Securities Pvt. Ltd. may, at any time
during the subsistence of any agreement relating to subject matter of the presents,
require the client to open one or more accounts with a designated bank. The client
agrees that the debit /credit for all the transactions may be effected in this/these
accounts.
3.2 The client agrees that Wealth Discovery Securities Pvt. Ltd. shall have the
right, at any time during the subsistence of this agreement, to give any instructions
pursuant to transactions covered under this agreement to the extent of the client’s
obligation to Wealth Discovery Securities Pvt. Ltd. in respect of the transactions
done or to be done by Wealth Discovery Securities Pvt. Ltd. on behalf of the client
on the Exchange, to the banks with whom it has affiliations. The Client agrees that
he shall have no cause of action in respect of any instruction that may be given
to the bank in respect of the accounts maintained with such bank in pursuance of
the aforesaid presents.
3.3 The client agrees that Wealth Discovery Securities Pvt. Ltd. may reveal certain
information with the Wealth Discovery Securities Pvt. Ltd. in the course of the
agreement with the client, to the bank with whom such client maintains bank accounts
pursuant to these presents, and the client shall have no remedy therefrom.
3.4 The client agrees that in the event the designated bank terminates the agreement
with the client in respect of the bank account maintained by the client with such
designated bank, for any reason or informs Wealth Discovery Securities Pvt. Ltd.
of any misdemeanor or transgression by the client in the operation of the account
or any other circumstance resulting in the closure or in operation of the said bank
account with the designated bank, Wealth Discovery Securities Pvt. Ltd. may, at
its discretion terminate services to the client and the client shall have no remedy
therefrom.
3.5 The client confirms that the bank account linked to the trading account is valid
bank account of the client.
4. ELECTRONIC PAYMENT GATEWAY
4.1 Application for Electronic Payment Gateway for Net banking
4.1.1 Wealth Discovery Securities Pvt. Ltd. may offer Electronic Payment Gateway
for Net banking to selected Customers at its discretion in collaboration with the
concerned bank. The Constituent agrees that in order to be eligible for Electronic
Payment Gateway for Net banking it/he/she would need to be a current Internet user
or have access to the Internet and knowledge of how the Internet works and have
Net Banking facility with its/his/her bank.
4.2 Electronic Payment Gateway for Net banking Service
4.2.1 Wealth Discovery Securities Pvt. Ltd. shall endeavor to provide through Electronic
Payment Gateway for Net banking or such services as Wealth Discovery Securities
Pvt. Ltd. may decide from time to time. Wealth Discovery Securities Pvt. Ltd. reserves
the right to decide the type of services which may be offered on each account and
may differ from customer to customer. These facilities shall be offered in a phased
manner at the discretion of Wealth Discovery Securities Pvt. Ltd. Wealth Discovery
Securities Pvt. Ltd. may also make additions/deletions to the services offered through
Electronic Payment Gateway for Net banking at its sole discretion. The availability/non-availability
of a particular service shall be advised through e-mail or web page of Wealth Discovery
Securities Pvt. Ltd. or written communication.
4.2.2 The Constituent agrees that it/he/her shall not use or permit to use Electronic
Payment Gateway for Net banking or any related service for any illegal or improper
purposes. The constituent also agrees that he / she shall use only his / her own
account and not anybody else’s account for making any payment to meet his / her
settlement obligation. For any contravention of this provision Wealth Discovery
Securities Pvt. Ltd. shall be entitled to any or all of the courses of action as
is mentioned in para no. 12.2 of this agreement.
5. POWER OF ATTORNEY / AUTHORISATION
5.1 Depository Account: The Client shall provide to Wealth Discovery Securities
Pvt. Ltd., a power of attorney authorizing Wealth Discovery Securities Pvt. Ltd.
to debit/credit/block/create lien/pledge the client’s depository accounts through
its authorized personnel, to the extent of the client’s obligation to Wealth Discovery
Securities Pvt. Ltd. in respect of the transactions done or to be done by Wealth
Discovery Securities Pvt. Ltd. on behalf of the client on the Exchange.
5.2 Bank Account: The Client shall authorize Wealth Discovery Securities Pvt. Ltd.
to debit/credit or block his bank account or create a lien on the amount lying in
his bank account to the extent of the client’s obligation to Wealth Discovery Securities
Pvt. Ltd. in respect of the transactions done or to be done by Wealth Discovery
Securities Pvt. Ltd. on behalf of the client on the Exchange.
5.3 The Client also authorizes Wealth Discovery Securities Pvt. Ltd. to debit the
charges payable to depository participant for depository services to the trading
account of the client maintained with Wealth Discovery Securities Pvt. Ltd.
6. ORDERS
6.1 All orders for purchase, sale or other dealings in securities and other instructions
routed through the Wealth Discovery Securities Pvt. Ltd.’s Online Trading System
via the Client’s Username shall be deemed to have been given by the Client.
6.2 The client agrees that orders, instructions and other communications given or
made over the telephone may be routed through the Wealth Discovery Securities Pvt.
Ltd. interactive voice response or other telephone system may be recorded by Wealth
Discovery Securities Pvt. Ltd. The client also agrees that such recording and Wealth
Discovery Securities Pvt. Ltd.’s records of any orders, instructions and communications
given or made by the client or Wealth Discovery Securities Pvt. Ltd. by electronic
mail, fax, or other electronic means shall be admissible as evidence and shall be
final and binding evidence of the same.
6.3 The client agrees to provide information relating to customer user identification
number, T- Pin number and such other information as may be required while placing
orders on the telephone to determine the identity of the client. Provided however
that nothing prevents Wealth Discovery Securities Pvt. Ltd. from accepting instructions
from the Client over phone without usage of T-pin number and such acceptance of
instruction by Wealth Discovery Securities Pvt. Ltd. shall be binding on the client.
6.4 The orders and instructions and all contracts and transactions entered into
pursuant thereto and the settlement thereof will be in accordance with the Exchange
Provisions.
6.5 Wealth Discovery Securities Pvt. Ltd. may from time to time impose and vary
limits on the orders which the Client can place through the Wealth Discovery Securities
Pvt. Ltd.’s ONLINE TRADING System (including exposure limits, turnover limits, limits
as to the number, value and/or kind of securities in respect of which orders can
be placed, the companies in respect of whose securities orders can be placed, etc.).
The Client is aware and agrees that Wealth Discovery Securities Pvt. Ltd. may need
to vary or reduce the limits or impose new limits urgently on the basis of the Wealth
Discovery Securities Pvt. Ltd.’s risk perception and other factors considered relevant
by Wealth Discovery Securities Pvt. Ltd., and Wealth Discovery Securities Pvt. Ltd.
may be unable to inform the Client of such variation, reduction or imposition in
advance. The Client agrees that Wealth Discovery Securities Pvt. Ltd. shall not
be responsible for such variation, reduction or imposition or the Client’s inability
to route any order through Wealth Discovery Securities Pvt. Ltd.’s ONLINE TRADING
System on account of any such variation, reduction or imposition of limits. The
Client understands and agrees that Wealth Discovery Securities Pvt. Ltd. may at
any time, at its sole discretion and without prior notice, prohibit or restrict
the Client’s ability to place orders or trade in securities through Wealth Discovery
Securities Pvt. Ltd.
6.6 Though orders will generally be routed to the Exchange’s computer systems within
a few seconds from the time the order is placed by the Client on Wealth Discovery
Securities Pvt. Ltd.’s ONLINE TRADING System, Wealth Discovery Securities Pvt. Ltd.
shall not be liable for any delay in the execution of any order or for any resultant
loss on account of the delay.
6.7 The Client agrees that Wealth Discovery Securities Pvt. Ltd. may, at its sole
discretion, subject any order placed by a Client to manual review and entry, which
may cause delays in the processing of the Client’s order or may result in rejection
of such order.
6.8 The client agrees Wealth Discovery Securities Pvt. Ltd. may impose scripwise
surveillance or such other conditions as to scripwise limits, etc. The client also
understands that Wealth Discovery Securities Pvt. Ltd. may impose various surveillances
which may differ from client to client on the basis of the Wealth Discovery Securities
Pvt. Ltd.’s risk perception and other factors considered relevant by Wealth Discovery
Securities Pvt. Ltd.
6.9 In case of a market order, the Client agrees that he will receive the price
at which his order is executed by the exchange’s computer system; and such price
may be different from the price at which the security is trading when his order
is entered into the Wealth Discovery Securities Pvt. Ltd.’s ONLINE TRADING System.
7. TRADING, SETTLEMENT AND ACCOUNTS
7.1 The Client shall be entitled to place an order for the sale or purchase of any
Admitted Security at any time, regardless of the duration of the trading hours of
the Exchange, through e-mail, writing, telephonic placement by the client or his
duly authorized representatives whose particulars has been provided by the client
to Wealth Discovery Securities Pvt. Ltd. and on receipt of such instructions those
orders shall be forwarded for the execution.
7.2 The client agrees that all orders placed through the web-site shall be forwarded
by the system to Exchange. All orders placed otherwise than through the web-site
shall be forwarded by the system to Exchange terminals or any other order execution
mechanism at the discretion of Wealth Discovery Securities Pvt. Ltd. In the event
that the order is placed during the trading hours, it shall be routed to and executed
on the market system. However, in the event that the order is placed at any other
time, the order shall be routed to and executed during the next succeeding trading
session of the Exchange.
7.3 On line confirmation will be available to the client upon execution or cancellation
of the order placed by him through the system of Wealth Discovery Securities Pvt.
Ltd. This shall be followed by a confirmation which may be sent by postal mail or
courier or electronic mail or SMS or any other electronic means after the execution
of the order, trade and this shall be deemed to be valid delivery thereof by Wealth
Discovery Securities Pvt. Ltd. It shall be the responsibility of the client to review
immediately upon receipt, whether delivered to him on line, by postal mail or by
courier or by electronic mail or any other electronic means all confirmations of
order, transactions, or cancellations. It shall be the responsibility of the client
to follow up with Wealth Discovery Securities Pvt. Ltd. for all such confirmations
that are not received by him within stipulated time.
7.4 The client shall bring any errors in any report, confirmation or contract note
of executed trades (including execution prices, scripts or quantities) to Wealth
Discovery Securities Pvt. Ltd.’s notice in writing by an electronic mail or fax
within twenty four hours of receipt of the concerned report, confirmation or contract
note. Any other discrepancy in the confirmation or account shall be notified by
the client to Wealth Discovery Securities Pvt. Ltd. in writing via electronic mail
or fax within twenty four hour from the time of receipt of the first notice. In
all cases Wealth Discovery Securities Pvt. Ltd. shall have a right to accept or
reject the client’s objection.
7.5 There may be a delay in Wealth Discovery Securities Pvt. Ltd. receiving the
reports of transaction, status, from the respective exchanges or other persons in
respect of or in connection with which Wealth Discovery Securities Pvt. Ltd. has
entered into contracts or transactions on behalf of the clients. Accordingly Wealth
Discovery Securities Pvt. Ltd. may forward to the client late reports in respect
of such transactions that were previously unreported to him as been expired, cancelled
or executed. The client shall not hold Wealth Discovery Securities Pvt. Ltd. responsible
for any losses suffered by the client on account of any late reports, statements
or any errors in the report / statements computed by or received from any exchange.
7.6 The client agrees that if, any circumstance or for any reason, the market close
before the acceptance of the Order by the Exchange, the order may be rejected. The
client agrees further, that Wealth Discovery Securities Pvt. Ltd. may reject Orders
if the same are rejected by the Exchange for any reason. In case of rejection of
an order due to rejection by the Exchange, the client agrees that the order shall
remain declined and shall not be re-processed, in any event.
7.7 Wealth Discovery Securities Pvt. Ltd. may, at its sole discretion, reject any
order placed on the web-site or in any other manner due to any reason, including
but not limited to the non-availability of funds in the trading account of the client,
non-availability of securities in the Demat account of the client with a designated
depository participant, insufficiency of margin amount if the client opts for margin
trading, suspension of scrip-specific trading activities by or on an Exchange and
the applicability of circuit breaker to a scrip in which orders are placed.
7.8 The client is aware, that the Stock Exchange may provide a facility for reconfirmation
of orders, which are larger than those specify by the Wealth Discovery Securities
Pvt. Ltd.’s risk management, and is also aware that the Wealth Discovery Securities
Pvt. Ltd. has the discretion to reject the execution of such orders based on such
risk perception.
7.9 The client agrees further that Wealth Discovery Securities Pvt. Ltd. shall have
the right to reject any order placed by the client for any reason and at any time
without notice to the client.
7.10 The client agrees that, if the order is not accepted on the web-site for any
reason, Wealth Discovery Securities Pvt. Ltd. shall have the right to treat the
order as having lapsed.
7.11 The client is aware that the electronic trading systems either at the Exchange
or in the office of Wealth Discovery Securities Pvt. Ltd. offices are vulnerable
to temporary disruptions, breakdowns or failures. In the event of non-execution
of trade orders or trade cancellation due to the happening of such events or vulnerabilities
due to failure / disruption/ breakdown of system or link, Wealth Discovery Securities
Pvt. Ltd. shall be entitled to cancel relative request/(s) with the Client and shall
not be able to execute the desired transactions of the client’s. In such event,
Wealth Discovery Securities Pvt. Ltd. does not accept responsibility for any losses
incurred / that may be incurred by the Client due to such eventualities which are
beyond the control of Wealth Discovery Securities Pvt. Ltd.
7.12 Wealth Discovery Securities Pvt. Ltd., may at its sole discretion permit execution
of orders in respect of securities, irrespective of the amount in the balance of
the account of the client. 7.13 The client agrees to abide with and be bound by
all the Rules and Circulars that Wealth Discovery Securities Pvt. Ltd. may issue
from time to time, and all rules, regulations and bye-laws of the Exchange as are
in force pertaining to the transactions on his behalf carried out by Wealth Discovery
Securities Pvt. Ltd. and the orders placed by him on the web-site or any other manner.
7.14 The systems used by Wealth Discovery Securities Pvt. Ltd. for providing Online
Trading services or dial up services are generally capable of assessing the risk
of the client as soon as the order comes in. However, due to any reason whatsoever,
if the order is processed without sufficient risk cover from the client, client
shall be bound by such trade and shall provide such sum as may be required to meet
his liability under the trade.
7.15 Any and all 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. These authorizations shall be on
Non Judicial Stamp Paper of requisite value clearly describing the scope of authorization.
In case of Corporate Entities, these authorizations shall be in the form of Board
resolutions duly signed by the Director of the company.
7.16 Auto Square Off Clients agree that Wealth Discovery Securities Pvt. Ltd. would
have the discretion to square off the position of Client/s in following circumstances:
- In case of Margin Trades, if the open buy position is neither squared
off nor converted to Delivery by Client/s atleast 15 (fifteen) minutes before the
scheduled time of normal market close.
- In case of Margin Trades, if the open sell position is neither squared
off nor converted to Delivery by Client/s atleast 15 (fifteen) minutes before the
scheduled time of normal market close.
- In case of Margin Trades, where Mark to Market Loss on the open
position has reached the stipulated % of the margins placed with us.
- 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 Wealth Discovery Securities Pvt. Ltd. could exercise its discretion to
carry out the square 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. Wealth Discovery Securities Pvt.
Ltd. shall also have the right to cancel any or all open orders and/or close any
or all outstanding requests. Client/s understand that in case the Auto Square off
does not take place due to certain reasons like price band, etc. then Wealth Discovery
Securities Pvt. Ltd. shall Convert the open positions to Delivery. If the conversion
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 the
conversion 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 Wealth Discovery
Securities Pvt. Ltd. will liquidate the shares anytime and the Client/s will be
liable for any resulting losses and all associated costs incurred by Wealth Discovery
Securities Pvt. Ltd.
7.17 Mistaken Orders Wealth Discovery Securities Pvt. Ltd. shall not be responsible
for any order, that is made by the Client by mistake and every order that is entered
by the Client through the use of the allotted user name and the security code(s)
shall be deemed to be a valid order for which the Client shall be fully responsible.
7.18 Cancellation or modification of the requests:
7.18.1 Cancellation or modification of an order pursuant to the client’s request
in that behalf is not guaranteed. The order will be cancelled or modified only if
the clients request for cancellation and modification is received and the order
is successfully cancelled or modified before it is executed. Market orders are subject
to immediate execution wherever possible.
7.18.2 The client shall not be entitled to presume an order having been executed,
cancelled or modified until a confirmation from Wealth Discovery Securities Pvt.
Ltd. is received by the client. However due to technical other factors the confirmation
may not be immediately transmitted to or received by the client and such a delay
shall not entitle the client to presume that the order has not been executed cancelled
or modified unless and until Wealth Discovery Securities Pvt. Ltd. has so confirmed
in writing.
7.18.3 The Exchange may annul a trade suo-moto without giving a reason therefor.
In the event of such annulment, Wealth Discovery Securities Pvt. Ltd. shall be entitled
to cancel the relative contract(s) with the Client.
7.18.4 The pending orders shall be governed as per the exchange systems, after the
market is closed for the day.
7.18.4 The pending orders shall be governed as per the exchange systems, after the
market is closed for the day.
7.19 Wealth Discovery Securities Pvt. Ltd. shall issue contract notes in terms of
the SEBI (Brokers and Sub-Brokers) Rules and Regulations, 1992 within twenty four
hour of the execution of the trade. Such contract note, if issued in physical form
shall be dispatched by Wealth Discovery Securities Pvt. Ltd. by courier, at the
address mentioned in this agreement or at any other address expressly informed to
Wealth Discovery Securities Pvt. Ltd. by the client. The client agrees that Wealth
Discovery Securities Pvt. Ltd. to issue the contract note in digital form which
shall be sent by way of electronic mail to the address provide by the client. When
Wealth Discovery Securities Pvt. Ltd. uploads the digital contract notes on the
web-site www.Wealth Discovery Securities Pvt. Ltd.capital.com, the same shall be
deemed to be received by the client. Wealth Discovery Securities Pvt. Ltd. shall
not be responsible for the non– receipt of the trade confirmation due to any change
in the correspondence address of the Client not intimated to Wealth Discovery Securities
Pvt. Ltd. in writing. Client is aware that it is his responsibility to review the
trade confirmations, the contract notes, the bills or statements of account immediately
upon their receipt. All such confirmations and statements shall be deemed to have
been accepted as correct if the client does not object in writing to any of the
contents of such trade confirmation/intimation within twenty four hour to Wealth
Discovery Securities Pvt. Ltd.
7.20 Wealth Discovery Securities Pvt. Ltd. may allow/disallow client from trading
in any security or class of securities, or derivatives contracts and impose such
conditions including scrip wise conditional trading for trading as it may deem fit
from time to time.
8. MARGIN
8.1 The Client agrees and undertakes to immediately deposit with Wealth Discovery
Securities Pvt. Ltd. such cash, securities or other acceptable security, which Wealth
Discovery Securities Pvt. Ltd. may require as margin. The Client agrees that Wealth
Discovery Securities Pvt. Ltd. shall be entitled to require the Client to deposit
with Wealth Discovery Securities Pvt. Ltd. a higher margin than that prescribed
by the Exchange. Wealth Discovery Securities Pvt. Ltd. shall also be entitled to
require the Client to keep permanently with Wealth Discovery Securities Pvt. Ltd.
a margin of a value specified by Wealth Discovery Securities Pvt. Ltd. so long as
the Client desires to avail of the ONLINE TRADING Service of Wealth Discovery Securities
Pvt. Ltd.
8.2 The Margin will not be interest bearing. Wealth Discovery Securities Pvt. Ltd.
shall have, at its sole discretion, the irrevocable right to set off a part or whole
of the Margin i.e by the way of appropriating of the relevant amount of cash or
by sale or transfer of all or some of the Securities which form part of the Margin,
against any dues of the Client or of a member of the group of the Client (for the
purposes of these Terms, "Group" shall mean all the individuals, group companies,
firms, entities and the persons as specified in the schedule to the Member Client
Agreement) in the event of the failure of the Client or a member of the Group of
the Client to meet any of their respective obligations under these Terms.
8.3 The client agrees and authorizes Wealth Discovery Securities Pvt. Ltd. to determine
the market value of securities placed as margin after applying a haircut that Wealth
Discovery Securities Pvt. Ltd. may deem appropriate. The client undertakes to monitor
the market value of such securities on a continuous basis. The client further undertakes
to replenish any shortfall in the value of the margin consequents to a fall in the
market value of such securities placed as margin immediately whether or not Wealth
Discovery Securities Pvt. Ltd. intimates such shortfall.
8.4 Wealth Discovery Securities Pvt. Ltd. may at its sole discretion prescribe the
payment of Margin in the form of cash instead of or in addition to margin in form
of securities. The Client accepts to comply with the requirement of Wealth Discovery
Securities Pvt. Ltd. w.r.t payment of Margin in the form of cash immediately. Without
prejudice to the stock broker's other rights (including the right to refer a matter
to arbitration), the stock broker shall be entitled to liquidate / close out all
or any of the client's positions for non- payment of margins or other amount, outstanding
debts, etc and adjust the proceeds of such liquidation / close out, if any, against
the client's liabilities / obligations. Any and all losses and financial charges
on account of such liquidation / closing - out shall be charged to and borne by
the client.
8.5 The client agrees to abide by the exposure limits, if any, set by the stock
broker or by the Exchange or Clearing Corporation or SEBI from time to time.
8.6 The client is also aware that Wealth Discovery Securities Pvt. Ltd. is required
to deposit sufficient margin with the Exchange to enable all its eligible clients
to trade subject to such limits as may be imposed by Wealth Discovery Securities
Pvt. Ltd. on the basis of Wealth Discovery Securities Pvt. Ltd.s’ Risk perception
and other factors considered relevant by Wealth Discovery Securities Pvt. Ltd. However,
there may be circumstances when the deposits made by Wealth Discovery Securities
Pvt. Ltd. with the Exchange may not be sufficient in times of extreme volatility
and trading terminals of Wealth Discovery Securities Pvt. Ltd. may get temporarily
suspended because of the cumulative effect of non-meeting of obligation by various
clients as per this agreement. In these circumstances, no client shall have the
right to claim any damages from Wealth Discovery Securities Pvt. Ltd. for any loss
that they might incur on account of such suspension of trading.
8.7 The Client agrees that any securities/cash placed by him/her/it as margin may
in turn be placed as margin by Wealth Discovery Securities Pvt. Ltd. with the Exchanges
or banks or such other institution as Wealth Discovery Securities Pvt. Ltd. may
deem fit. The Client authorizes Wealth Discovery Securities Pvt. Ltd. to do all
such acts, deeds and things as may be necessary and expedient for placing such securities/cash
with the Exchanges/Banks/Institutions as margin.
8.8 Any reference in these terms to sales or transfer of Securities by Wealth Discovery
Securities Pvt. Ltd. shall be deemed to include sale of the Securities which form
part of the Margin maintained by the Client with Wealth Discovery Securities Pvt.
Ltd. In exercise of Wealth Discovery Securities Pvt. Ltd.'s right to sell securities
under the Agreement, the Client agree that the choice of specific securities to
be sold shall be solely at the discretion of Wealth Discovery Securities Pvt. Ltd.
8.9 Wealth Discovery Securities Pvt. Ltd. agrees that the money / securities deposited
by the client shall be kept in a separate account, distinct from his / its own account
or account of any other client and shall not be used by the stock broker for himself
/ itself or for any other client or for any purpose other than the purposes mentioned
in SEBI Rules and Regulations circulars /guidelines / Exchanges, Rules / Regulations
/ Bye-laws and circulars.
8.10 The Client agrees and empowers/authorize Wealth Discovery Securities Pvt. Ltd.
to act at its discretion for merging balances kept under various accounts held with
Wealth Discovery Securities Pvt. Ltd. such as Online Trading Account, Offline Trading
Account, NSDL (or CDSL) DP Account, CM Trading Account and F&O Trading Account etc.,
to nullify the debit in any other account of the Client held with Wealth Discovery
Securities Pvt. Ltd. without taking any further instructions from the Client. Similarly
the Client agrees and empowers/authorize Wealth Discovery Securities Pvt. Ltd. to
merge the securities kept with Wealth Discovery Securities Pvt. Ltd. in various
accounts in order to nullify the debit in any account of the Client. The Client
hereby authorizes Wealth Discovery Securities Pvt. Ltd. to change or alter the list
of Securities on which margin trading is allowed.
9. MAINTENANCE OF TRADING ACCOUNT
9.1 The client has requested and hereby authorizes Wealth Discovery Securities Pvt.
Ltd. to consider his account with Wealth Discovery Securities Pvt. Ltd. and/or its
group/associated companies/sister concerns on a consolidated basis for the purpose
of determining collection/payment of dues with respect to the funds and securities
due to/due from Wealth Discovery Securities Pvt. Ltd. and/or its group/associated
companies/sister concerns. The client has represented that this will facilitate
him day-to- day operations in movement of funds and securities. The client has represented
that he has given similar instruction to the group/ associated companies/sister
concerns of Wealth Discovery Securities Pvt. Ltd. In consideration of Wealth Discovery
Securities Pvt. Ltd. agreeing to this, the client agrees that if any amount is overdue
from/to him including the interest payment, the same shall be adjusted by Wealth
Discovery Securities Pvt. Ltd. from dues owed to the client by/from any of the group
or affiliate/associate/sister company of Wealth Discovery Securities Pvt. Ltd. Furthermore,
any money owed by/from any group or affiliate/associate/sister company of Wealth
Discovery Securities Pvt. Ltd. to/from the client shall be offset against the dues
owed by the client to/from Wealth Discovery Securities Pvt. Ltd. Thus the client
authorizes Wealth Discovery Securities Pvt. Ltd. to make adjustments and/or to set
off a part or whole of the securities placed as margin/collateral, and/or any credit
in any account of the clients mentioned with Wealth Discovery Securities Pvt. Ltd.
or with any of its group/affiliate/associate/sister company of the Wealth Discovery
Securities Pvt. Ltd. against the outstanding dues in any of the account maintained
by the client either with Wealth Discovery Securities Pvt. Ltd. or with any of its/group/affiliate/associate/sister
companies. This authorization shall be treated as standing authorization and any
entry passed or adjustments done by Wealth Discovery Securities Pvt. Ltd. and its
group/associated companies/sister concerns to give effect to this authorization
shall be binding on the client. The client understands and confirms that this authorization
forms basis for Wealth Discovery Securities Pvt. Ltd. to give trading limits and
for any other facilities offered by Wealth Discovery Securities Pvt. Ltd. to the
client. Merely on the ground that Wealth Discovery Securities Pvt. Ltd. is required
to maintain segment wise / broker wise/ entity wise account of the client, the client
shall not dispute such entries passed by SMC. For the purpose of giving effect to
this clause, the client expressly permits Wealth Discovery Securities Pvt. Ltd.
to share information relating to the client with its group/associated companies/sister
concerns.
9.2 The Client authorizes Wealth Discovery Securities Pvt. Ltd. to maintain the
trading account on running account basis with respect to funds and securities. Exchanges
require Wealth Discovery Securities Pvt. Ltd. to maintain the client account for
each exchange/segment separately. For this purpose Wealth Discovery Securities Pvt.
Ltd. may allocate the payment received from client and payments made to the client
for any exchange/segment. Similarly the client authorizes Wealth Discovery Securities
Pvt. Ltd. to pass such entries to adjust the debit/credit balance of the client
in trading account of one exchange/segment to other or vice-versa. The Client also
authorizes Wealth Discovery Securities Pvt. Ltd. to maintain consolidated account
of the client to facilitate the day-to-day operations. Such consolidation and segregation
of the client account as maintained by Wealth Discovery Securities Pvt. Ltd. shall
be binding on the client. Without affecting the generality of the aforesaid the
parties hereto agree as follows:
9.2.1 Money pay in to Wealth Discovery Securities Pvt. Ltd.: The Client agrees that
all payments due to Wealth Discovery Securities Pvt. Ltd. will be made within the
specified time and in the event of any delay, Wealth Discovery Securities Pvt. Ltd.
may refuse, at their discretion, to carry out transactions or closeout the position
and the costs/losses if any, thereof shall be borne solely and completely by the
client. All payments made to Wealth Discovery Securities Pvt. Ltd. shall be from
the account of the client and shall not to be from any third party.
9.2.2 Money pay out to Wealth Discovery Securities Pvt. Ltd.: Notwithstanding anything
contained in any other agreement or arrangement, if any, between the parties hereto,
the client hereby authorizes Wealth Discovery Securities Pvt. Ltd. to release all
payments due to him from the trading account maintain with Wealth Discovery Securities
Pvt. Ltd., against specific request in this behalf. For the purposes of this clause,
any request made through or on the web-site or otherwise intimated shall be sufficient
for Wealth Discovery Securities Pvt. Ltd. to execute an instruction. Any payment
made to the designated bank account as per information available with Wealth Discovery
Securities Pvt. Ltd. shall be deemed to be payment made to the client.
9.2.3 Securities pay in to Wealth Discovery Securities Pvt. Ltd.: All delivery to
be effected to Wealth Discovery Securities Pvt. Ltd. for a trade, must be made within
24 hours from the execution of the sale order or one day before the pay-in date,
whichever is earlier. Losses, if any, that may accrue in the event of default in
completing the delivery on the exchange by the Wealth Discovery Securities Pvt.
Ltd. as a result of any delay in the delivery by the client, shall be borne solely
and completely by the client. Losses for the purposes of this clause shall include
auction debits/penalty charges, if any incurred as a result of non-delivery of securities
on the settlement date on the exchange. No third party shares will be sold through
the Wealth Discovery Securities Pvt. Ltd. or third party payment should be made
to Wealth Discovery Securities Pvt. Ltd. and client will be solely responsible for
any violation. If the client has sold any securities from the exchange against purchase
in previous settlements, such sale shall be at the sole risk as to cost s and consequences
thereof of the client.
9.2.4 Securities pay out by the Wealth Discovery Securities Pvt. Ltd.: Wealth Discovery
Securities Pvt. Ltd. may directly credit the demat account of the client with the
depository participant or maintain the securities account with Wealth Discovery
Securities Pvt. Ltd. on running account basis. Provided that if the order placed
by the client through the web-site or otherwise is for securities which are in the
no delivery period, such securities shall be credited to the trading account of
the client only at the time of settlement of trades, as per the schedule of the
Exchange. However, if any sum due from the client Wealth Discovery Securities Pvt.
Ltd. may withholds the credit of securities to the demat account of the client.
However the client authorizes Wealth Discovery Securities Pvt. Ltd. to withhold
the securities to meet liabilities of client to Wealth Discovery Securities Pvt.
Ltd. under this agreement.
9.2.5 Securities shortages in pay-in and pay-out: The Client agrees to be bound
by the guidelines, including the rules pertaining to the adjustment of shortages
in the client’s position in securities transacted on behalf of the client, by Wealth
Discovery Securities Pvt. Ltd., either through orders placed through the use of
the e-broker services and dial-up services of Wealth Discovery Securities Pvt. Ltd.
or otherwise as may be issued by Wealth Discovery Securities Pvt. Ltd. from time
to time. In case of internal storage of securities, any entry passed to the account
of client in accordance with practice consistently followed by Wealth Discovery
Securities Pvt. Ltd. across all its clients shall be binding on the client. Further
in case of shortage of securities, the client authorizes Wealth Discovery Securities
Pvt. Ltd. to borrow shares on behalf of the client and debit the charges from the
same to the client’s account mentioned with Wealth Discovery Securities Pvt. Ltd.
9.2.6 Wealth Discovery Securities Pvt. Ltd. is entitled to consider any sum or money
or security lying to the credit of the client as margin received.
10. REPRESENTATIONS AND WARRANTIES
10.1 The Client hereby warrants that he is capable of executing the present agreement
and that the terms of the presents are not in contravention of any rights of any
party with whom such client has any agreements, at any time prior to the execution
of this agreement.
10.2 The Client agrees that he is trading for his own account and shall not act
as an intermediary.
10.3 Though the agreement has been divided into sections governing transactions
in various segments/services, the agreement shall be binding on the parties in its
entirety. Entering into the agreement governing transactions in multiple segments/services
shall not be a reason for disputing any transaction or account of client with the
Wealth Discovery Securities Pvt. Ltd.
10.4 The Client warrants that he has, mentioned and operates a valid account with
a designated Depository Participant for execution of orders through the Online Trading
facilities or otherwise. The Client states that he has opened/agrees to open a valid
and subsisting demat account with the depository participants, designated by Wealth
Discovery Securities Pvt. Ltd.
10.5 He agrees to provide and continue to provide all details about themselves as
may be required by Wealth Discovery Securities Pvt. Ltd., including but not restricted
to PAN Number or Unique Identification Number (issued by SEBI), and states all details
and facts represented to Wealth Discovery Securities Pvt. Ltd. are true.
10.6 The Client represents and warrants to Wealth Discovery Securities Pvt. Ltd.
that all the information provided and statements made in the Client’s Online Trading
Account Application are true and correct and are not misleading (whether by reason
of omission to state a material fact or otherwise) and the Client is aware that
Wealth Discovery Securities Pvt. Ltd. has agreed to provide Wealth Discovery Securities
Pvt. Ltd.’s ONLINE TRADING Service to the Client on the basis, inter alia, of the
statements made in the Client’s Online Trading Account Application.
10.7 The Client is aware and acknowledges that trading over the internet involves
many uncertain factors and complex hardware, software, systems, communication lines,
peripherals, etc. which are susceptible to interruptions and dislocations; and the
Online Trading Service of Wealth Discovery Securities Pvt. Ltd. may at any time
be unavailable without further notice. Wealth Discovery Securities Pvt. Ltd. and
the Exchange do not make any representation or warranty that the Online Trading
Service of Wealth Discovery Securities Pvt. Ltd. will be available to the Client
at all times without any interruption. The Client agrees that he shall not have
any claim against the Exchange or Wealth Discovery Securities Pvt. Ltd. on account
of any suspension, interruption, non-availability or malfunctioning of the Online
Trading System or Service of Wealth Discovery Securities Pvt. Ltd. or the Exchange’s
service or systems for any reason whatsoever.
10.8 The Wealth Discovery Securities Pvt. Ltd. states that it has complied with
and will continuously comply and if not proposes to comply with all statutory and
regulatory directions to offer the Internet Trading services through the web-site
www.Wealth Discovery Securities Pvt. Ltd.capital.com and for dealing in cash and
derivative segment of the exchange.
10.9 The Client warrants that all or any of the securities deposited by him with
Wealth Discovery Securities Pvt. Ltd. in respect of margin requirements or otherwise,
are owned by him and the title thereof is clear and free of encumbrances.
10.10 The Client/s agree to indemnify and hold Wealth Discovery Securities Pvt.
Ltd. harmless against any loss that may be suffered by it, 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 Web Banking, user ID and password by the
Client/s.
10.11 The Client/s hereby agree to indemnify Wealth Discovery Securities Pvt. Ltd.
for any loss, liability, costs or damages that may be incurred by all or any of
them due to a breach of any of their obligations under the Clients Agreement.
10.12 The Client hereby confirms and warrants that the Client authorizes Wealth
Discovery Securities Pvt. Ltd. to take all such steps on the Clients behalf as may
be required for provisions or to complete or settle any transactions entered into
through or with Wealth Discovery Securities Pvt. Ltd. or executed by Wealth Discovery
Securities Pvt. Ltd. on behalf of the Client, However, nothing herein shall oblige
Wealth Discovery Securities Pvt. Ltd. to take such steps.
10.13 The Client understands that the exchange asserts a proprietary interest in
all of the market data it furnishes, directly or through Wealth Discovery Securities
Pvt. Ltd. or otherwise. The Client understands that the exchange does not guarantee
the timeliness, sequence, accuracy or completeness of market data or any other market
information, or any messages disseminated by it. Neither Wealth Discovery Securities
Pvt. Ltd. nor the Exchange shall be liable in any way for incorrect, misleading
or dated data or information and, if the client acts on the basis of the same, he
shall do so at his own risk and cost.
10.14 The client shall not furnish market information provided by the Exchange to
any other person or entity for consideration or otherwise and in the event the Client
uses such information he shall do so at his own risk and cost.
10.15 Corporate Benefits; Settlement Cycles The Client accepts responsibility for
knowing the status of all corporate benefits like rights and bonus issues, dividends
and stock splits of shares he/she/it intends to trade in or held on his/her/its
account and the eligibility of the shares to meet share pay-in obligations to Exchanges
whether received by way of purchases, right, bonuses, stock spilt, off-market transfer
or otherwise. Wealth Discovery Securities Pvt. Ltd. will pass to the Client whatever
corporate benefits are received from the companies directly like dividends and bonus
shares. For other corporate benefits/actions like Rights issues/Open offers etc.
where shareholders are required to apply to the company, it is the Client's responsibility
to track announcements of such corporate benefits and then apply to Wealth Discovery
Securities Pvt. Ltd./company if Client so desires. Wealth Discovery Securities Pvt.
Ltd. shall ensure due protection to the client regarding client's rights to dividends,
rights or bonus shares, etc. in respect whom and for whom it may have had transaction
in securities. Wealth Discovery Securities Pvt. Ltd. shall not be liable for any
real/notional loss suffered by the Client, if Client fails to apply for such corporate
benefits in time for the shares held by Wealth Discovery Securities Pvt. Ltd. on
behalf of the Client. In some cases, Wealth Discovery Securities Pvt. Ltd. at the
Client request may apply on behalf of the Client for a Rights issue/Open offer for
the shares held by Wealth Discovery Securities Pvt. Ltd. on behalf of Client. Wealth
Discovery Securities Pvt. Ltd. shall not be liable for any loss/claim whatsoever
in case such application is rejected by the Registrar/Company/manager to the issue
for any reason
11. FEES AND BROKERAGE
11.1 The Client agrees to pay to Wealth Discovery Securities Pvt. Ltd. brokerage,
commission, fees, service tax and other taxes and transaction expenses as they exist
from time to time and as they apply to the Client’s account and transactions, and
the services that he receives from Wealth Discovery Securities Pvt. Ltd.
11.2 A schedule of brokerage, fees and commissions, applicable service and other
taxes and other transaction expenses shall be provided by Wealth Discovery Securities
Pvt. Ltd. to the Client from time to time upon request by the Client.
11.3 USER FEES / OTHER CHARGES: The client agrees that Wealth Discovery Securities
Pvt. Ltd. may charge user fees for the use of any other service including but not
restricted to the Online Trading service and dial up services, at a rate mentioned
on the web-site or otherwise intimated and as may be modified from time to time.
Wealth Discovery Securities Pvt. Ltd. may charge any other relevant charge in the
manner intimated on the web-site or in any other manner from time to time including
but not limited to Trade Commissions, Service Tax, Turnover Charges, Tax Expenses
incurred, Stamp Duty, etc.as applicable.
11.4 The client also agrees and authorizes Wealth Discovery Securities Pvt. Ltd.,
upon receipt of intimation from the designated depository participant, to debit
the trading account of the client towards depository charges payable by the client
to the designated depository participant and make onward payment to the designated
Depository Participant.
12. DEFAULT AND CONSEQUENCES THEREOF
12.1 The Client agrees that he shall be deemed to have defaulted the terms of this
agreement in circumstances included but not restricted to the following:
12.1.1 Any delay in payment of margins, charges or delivery in respect of this agreement
for transactions executed on behalf of the client.
12.1.2 Any contravention of the terms contained in this Agreement or on the website.
12.1.3 Any misrepresentation or false statement or omission, or misleading information
supplied by the client to Wealth Discovery Securities Pvt. Ltd.
12.2 In the event of default under this agreement by the client, Wealth Discovery
Securities Pvt. Ltd. shall be entitled to any or all of the following courses of
action.
12.2.1 Immediate termination of this agreement and terminations of provision of
services in terms of this agreement.
12.2.2 Other remedies as may be available in terms of the law in force, at that
point of time.
12.2.3 Arbitration in terms of this agreement.
12.2.4 Charge of an amount that shall not exceed that actual losses incurred by
Wealth Discovery Securities Pvt. Ltd. consequent to the default along with the interest
at market rates.
12.3 The client agrees, that without prejudice to any other remedy or right prescribed
in the presents, Wealth Discovery Securities Pvt. Ltd. may charge daily interest
at the rate of 2% per month or such other rate as may be communicated from time
to time for any delay in the payment of charges, margin or any other sum due to
Wealth Discovery Securities Pvt. Ltd. as the case may be.
13. LIEN/SET-OFF
13.1 Notwithstanding anything contrary contained in the agreement, Wealth Discovery
Securities Pvt. Ltd. shall have the unrestricted right of lien and set-off as provided
in this agreement.
13.2 All the funds of the client in the bank account with designated bank shall
be subject to lien for the discharge of any or all payments to Wealth Discovery
Securities Pvt. Ltd. from the client or in respect of any other obligation that
client may have to Wealth Discovery Securities Pvt. Ltd.
13.3 All securities in the demat account opened in terms of the agreement with the
depository participant, shall be subject to lien for the discharge of any or all
payments due to Wealth Discovery Securities Pvt. Ltd. or to the depository participant
from the client or any other obligation that the client may have to Wealth Discovery
Securities Pvt. Ltd. or to the depository participant and may be held by Wealth
Discovery Securities Pvt. Ltd. as a security against default by the client in the
respect of the services already availed of by the client.
13.4 The enforcement of the lien aforementioned in this clause shall be at the sole
and complete discretion of Wealth Discovery Securities Pvt. Ltd. and Wealth Discovery
Securities Pvt. Ltd. alone may decide the securities to be sold, if any.
13.5 The Client authorizes Wealth Discovery Securities Pvt. Ltd. to block securities
against pending order or pledge securities in favour of Wealth Discovery Securities
Pvt. Ltd. against any of his dues, provided that this requirement may be waived
by Wealth Discovery Securities Pvt. Ltd. , at its discretion, by suitable modification
to the terms and conditions.
13.6 The Client agrees that Wealth Discovery Securities Pvt. Ltd. shall have the
right of set-off amongst all trading account maintained by the client with Wealth
Discovery Securities Pvt. Ltd.
13.7 The right of the lien/set-off as aforesaid shall extend to the trading accounts
of the client with respect to transactions with the associated concerns, affiliates
or sister concerns of Wealth Discovery Securities Pvt. Ltd. as though such accounts
are maintained with Wealth Discovery Securities Pvt. Ltd.
14. VERIFICATION
Wealth Discovery Securities Pvt. Ltd. may adopt any such processes or procedures
to verify the genuineness of the client and the documents submitted by the client
from time to time and client agrees to comply with such processes and procedures.
Such processes and procedures may involve appointment by Wealth Discovery Securities
Pvt. Ltd. an outside agency
15. INVESTMENT OR ANY OTHER ADVICE
15.1 The Client agrees that Wealth Discovery Securities Pvt. Ltd. shall not be required
to provide the client with any form of legal, tax, investment or accounting related
advice, or advice regarding the suitability or profitability of a security or investment.
15.2 The Client agrees that none of the services available on the web-site or through
any literature or brochure issued by Wealth Discovery Securities Pvt. Ltd. shall
amount to investment advice on the part of Wealth Discovery Securities Pvt. Ltd
15.3 The Client agrees that in the event of Wealth Discovery Securities Pvt. Ltd.
or any employee or official of Wealth Discovery Securities Pvt. Ltd., providing
any information, recommendation or advice to the client, the client may act upon
the same at the sole risk and cost of the client, and Wealth Discovery Securities
Pvt. Ltd. shall not be liable or responsible for the same.
15.4 Wealth Discovery Securities Pvt. Ltd., and its officers, directors, partners,
employees, agents and affiliates will have no liability with respect to any investment
decisions or transactions of the client.
16. MISCELLANEOUS
16.1 The client agrees to abide by operational procedures laid down by Wealth Discovery
Securities Pvt. Ltd. regarding banking transactions, billing etc. and any changes
made in these procedures from time to time and mentioned on the website.
16.2 Interruption in service Wealth Discovery Securities Pvt. Ltd. does not warrant
that the service will be uninterrupted or error free. The service is provided in
an "as in" and "as available" basis without warranties of any kind, either express
or implied, including, without limitation, those of merchantability and fitness
for a particular purpose. The client agrees that Wealth Discovery Securities Pvt.
Ltd. shall not be held responsible for delays in transmission of orders due to breakdown
of the system or failure of communication facilities either due to the fault of
the systems of Wealth Discovery Securities Pvt. Ltd. or of the Exchanges or otherwise
or for any other delay beyond the reasonable control of Wealth Discovery Securities
Pvt. Ltd. due to a breakdown or failure of communication facilities or for any other
delay beyond the reasonable control of Wealth Discovery Securities Pvt. Ltd.
16.3 Use of web content The Client agrees that each participating Exchange or association
or agency asserts a proprietary interest in all of the market data it furnishes
to parties that disseminate the said data. The Client shall use real-time quotes
received on the website of Wealth Discovery Securities Pvt. Ltd. only for the Client's
individual use and shall not furnish such data to any other person or entity. The
Client is authorized to use materials which are made available by the website of
Wealth Discovery Securities Pvt. Ltd. for the Client's own needs only, and the client
is not authorized to resell access to any such materials or to make copies of any
such materials for sale or use to and by others. The Client shall not delete copyright
or other intellectual property rights notices from printouts of electronically accessed
materials from the Wealth Discovery Securities Pvt. Ltd.'s website.
17. MODIFICATIONS
17.1 All modification to this Agreement shall be made solely at the discretion of
Wealth Discovery Securities Pvt. Ltd. and shall be intimated to the client by a
suitable modification to the terms and conditions or other applicable section on
the web-site or in any other manner.
17.2 The client agrees that a modification to the information in the terms and conditions
section on the web-site or any other applicable section and a display of the modification
for the duration of the applicability of such modification to the circumstances
of the client, shall be sufficient notice to the client, to take note of such modification.
18. ASSIGNMENT
The client agrees that Wealth Discovery Securities Pvt. Ltd. may at any time during
the subsistence of these presents, without requirement of issuing any notice to
the client, assign, transfer or otherwise alienate, by executing an agreement or
in any other manner, all or any of its rights and /or obligations in terms of this
Agreement to any person or entity including but not limited to its affiliates, associates
or sister companies and the rights and obligations of Wealth Discovery Securities
Pvt. Ltd. under this Agreement or any amendment or modification hereto shall vest
and ensure for such assignee without any further act, deed, matter or thing and
the client agrees to the same.
19. NO WAIVER
The failure on the part of Wealth Discovery Securities Pvt. Ltd. from taking any
action against the client for any breach or breaches of the Agreement shall not
constitute a waiver by Wealth Discovery Securities Pvt. Ltd. of any subsequent or
continuing breach thereof by the client.
20. INDEMNITY
20.1 Wealth Discovery Securities Pvt. Ltd. shall be indemnified by the client in
case of any action initiated against Wealth Discovery Securities Pvt. Ltd. by any
party not privy to this contract, and it shall be the duty of the client to bear
out of their funds, all costs, losses and expenses which any such Wealth Discovery
Securities Pvt. Ltd. may incur or become liable to pay, by reason of any event in
the course of the use of the said services of the client.
20.2 In the event of death or insolvency of the client, winding up or liquidation,
or their otherwise becoming incapable of receiving and paying for or delivering
or transferring securities which the client has ordered to be bought or sold, Wealth
Discovery Securities Pvt. Ltd. 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.
20.3 The client is aware that authentication technologies and strict securities
measures are required for internet trading through order routed system and undertake
to ensure that the password of the client and /or their authorized representatives
are not revealed to any third party. The client also agrees to indemnify Wealth
Discovery Securities Pvt. Ltd. from any loss, injury, claim or any action instituted
against Wealth Discovery Securities Pvt. Ltd. arising from the misuse of the password
by any party.
20.4 The client shall indemnify and keep indemnified Wealth Discovery Securities
Pvt. Ltd. harmless from and against all claims, demands, actions, proceedings, loss,
damages, liabilities, changes and/or expenses that are occasioned or may be occasioned
to Wealth Discovery Securities Pvt. Ltd. directly or indirectly, as a result of
bad delivery of shares/securities and/or as a result of fake/ forged/stolen shares/securities/transfer
documents that are introduced or that may be introduced by or through the client
during the course of his dealings/ operations on the Exchange.
21. FORCE MAJEURE
Wealth Discovery Securities Pvt. Ltd. shall not be responsible for delay or default
in the performance of their obligations due to contingencies beyond their control,
such as (including but not limited to) losses caused directly or indirectly by exchange
or market rulings, suspension of trading, fire, flood, civil commotion, earthquake,
war, strikes, failure of the systems, failure of the internet links or government
/ regulatory action.
22. SEVERANCE
In the event of any one or more of the provisions contained in this Agreement becoming
invalid, illegal or unenforceable in any respect under any law for the time being
in force, the validity, legality and enforceability of the remaining provisions
contained herein shall not in any way be prejudiced or affected thereto.
23. NOTICES
23.1 All notices, correspondences or communications issued under this agreement
shall be served in any one or more of the following modes of communications and
such notice or communication shall be served at the ordinary place of residence
and/or last known web address / residing address and/or at the ordinary business
address of the party to this agreement such as
- by hand delivery
- by post
- by registered post
- under certificate of posting
- by telegram
- by electronic mail or fax
- by affixing it on the door at the last known business or residential
address.
- By oral communication to the party or on the last known telephone
number or on the recording machine of such number.
- By advertising in atleast one prominent daily newspaper having circulation
in the area where the last known business or residential address of the party is
situated.
- By notice posted on the notice board of the Exchange if no address
is known. Any communication sent by Wealth Discovery Securities Pvt. Ltd. to the
Client shall be deemed to have been properly delivered or served, if such communication
is returned on Wealth Discovery Securities Pvt. Ltd. as unclaimed / refused / undelivered,
if the same was sent in any one more of the above modes of communication to the
ordinary place of residence and / or last known web address /residing address and
/ or at the ordinary business address of the party to this agreement.
23.2 Unless the Client informs Wealth Discovery Securities Pvt. Ltd. of the change
of the address for communication in writing all notice circulars, communication
or mail sent to the existing address shall be deemed to have been received by the
Client irrespective of whether they are actually received or not.
23.3 Certain policies and/or procedures may be further outlined on the Wealth Discovery
Securities Pvt. Ltd.'s web site and material/ literature and frequently asked question
(FAQ's) provided to the Client. Through the use of the Wealth Discovery Securities
Pvt. Ltd.'s web site and services the Client agrees to be bound by any and a such
notices, polices and terms of doing business.
24. PROPRIETARY TRADING
Wealth Discovery Securities Pvt. Ltd. discloses herewith that it undertakes proprietary
trading in addition to Client based trading.
25. TERMINATION
25.1 Unless specified otherwise, both parties shall be entitled to terminate this
agreement at will and without giving any reasons to the other party but not without
giving a notice in writing of not less than one month that shall be dispatched to
the address mentioned in this agreement. However, such cancellation or termination
shall not have any effect on any transaction(s) executed prior to the date of such
notice of termination and the rights and obligations in respect of such transactions
shall continue to subsist in terms of this agreement, and / or the terms and conditions
as prescribed.
25.2 This agreement shall become effective on the date first written above or the
commencement of first transaction, whichever is earlier and shall remain in full
force unless and until terminated.
25.3 In the event of a Governmental action or action from any regulatory authorities
debarring Wealth Discovery Securities Pvt. Ltd. from carrying on business or rendering
it impossible to transact the business or broking or Online Trading, this agreement
shall stand terminated.
25.4 The rights and obligations of the parties under this agreement which by their
nature survive the termination of this agreement shall not be extinguished by the
termination of this agreement.
26. ARBITRATION
26.1 If any dispute arises between the Parties hereto during the subsistence of
this Agreement or thereafter, in connection with or related to the validity, interpretation,
implementation or alleged breach of any provision of this Agreement, the dispute
shall, as far as possible be settled with the help of the officials of the exchange
and if no such settlement is possible the parties hereby agree to refer such dispute(s)
to arbitration in accordance with the rules, bye-laws and regulations of the said
stock exchange. Wealth Discovery Securities Pvt. Ltd. and client hereby agree that
they shall co-operate with the exchange officials and provide all relevant documents
in their possession so as to expedite the settlement through the arbitration process.
26.2 Wealth Discovery Securities Pvt. Ltd. and the client hereby agree that they
will assist and co-operate with each other in ensuring faster settlement of any
arbitration proceedings arising out of the present agreement or from the provision
of the online trading services by Wealth Discovery Securities Pvt. Ltd. and will
accept arbitration awards in respect thereof.
27. APPLICABILITY OF LAW
The provisions of this agreement shall always be subject to Statutory notifications,
any rules, regulations and guidelines issued by SEBI and the Stock Exchange rules,
regulations and Bye-laws that may be in force and applicable from time to time.
28. JURISDICTION
All trades, transactions and contracts are subject to the rules and regulations
of the exchange and depository and shall be deemed to be and shall take effect as
wholly made, entered into and be performed in the city of Delhi and the parties
to such trade shall be deemed to have submitted to the jurisdiction of the Courts
in Delhi for the purpose of giving effect to the provisions of the Rules and regulations
of the exchange and the bye-laws and business rules of the depositor.
29. TERMS & CONDITIONS FOR NON-TRADING ACCOUNT
- Creation of this account gives the user access to my page and my
watchlist and other functional aspect of this portal
- This is not a trading account, user has to open a trading account
to be able to buy and sell equity and derivative products.
- Wealth Discovery Securities reserves the right to suspend access
to this account at their own will
- By opening a non-trading account I give my consent to receive emails
regarding market news and new products offerings from Wealth Discovery Securities
Pvt Ltd
- Wealth Discovery would not share personal details for other commercial
purposes
- For all issues regarding non trading account please send us an email
at info@wealthdiscovery.in