TERMS & CONDITIONS

SAME MOBILE NUMBER AND E-MAIL ID FOR MORE THAN ONE CLIENT DECLARATION

We wish to inform you that as per NSDL Circular No.: NSDL/POLICY/2015/0040 dated 13th April 2015 thereshouldbe separate Mobile number and E-mail Id for each client.However, under exceptional circumstances the clientscan provide the same Mobile number/E-mail Id formore than one client belongs to one family. Family for thispurpose has been defined as Self, Spouse,Dependent Children and Dependent parents.

Sometimes Mobile number/E-mail ID registered in account with us is also registered inbroking/demat account of other clients. Clients are therefore requested to fill up the detailsand submit the same to us.

AUTHORIZATIONS & CONSENTS

With respect to the client - member relationship with you, client shall authorize us to do the following:

  1. Adjustment of account between exchanges and segments
  2. Adjustment of balances between PEE AAR SECURITIES Companies
  3. Pledge of Monies/Securities
  4. Authorization to debit Demat Account operating charges
  5. Subscription To Access Research Analysis
  6. Authorization For Communication of Financial Products
  7. Authorization for verification of information from independent agency(ies)
  8. Authorisation to send contract note, statement of funds & securities etc.
  9. Electronically
  10. Authorised trading by relative
  11. Consent for availing margin trading facility (MTF)
  12. Authorization for electronic contract notes / sms alerts
INTERNET & WIRELESS TECHNOLOGY BASED TRADING FACILITY PROVIDEDBY STOCK BROKERS TO CLIENT
  1. Stock broker is eligible for providing Internet based trading (IBT) and securities trading through the use of wireless technology that shall include the use of devices such as mobile phone, laptop with data card, etc. which use Internet Protocol (IP). The stock broker shall comply with all requirements applicable to internet based trading/securities trading using wireless technology as may be specified by SEBI & the Exchanges from time to time.
  2. The client is desirous of investing/trading in securities and for this purpose, the client is desirous of using either the internet basedtrading facility or the facility for securities trading through use of wireless technology. The Stock broker shall provide the Stockbroker's IBT Service to the Client, and the Client shall avail of the Stock broker's IBT Service, on and subject to SEBI/ExchangesProvisions and the terms and conditions specified on the Stock broker's IBT Web Site provided that they are in line with the normsprescribed by Exchanges/SEBI.
  3. The stock broker shall bring to the notice of client the features, risks, responsibilities, obligations and liabilities associated withsecurities trading through wireless technology/internet/smart order routing or any other technology should be brought to thenotice of the client by the stock broker.
  4. The stock broker shall make the client aware that the Stock Broker's IBT system itself generates the initial password and itspassword policy as stipulated in line with norms prescribed by Exchanges/SEBI.
  5. The Client shall be responsible for keeping the Username and Password confidential and secure and shall be solely responsiblefor all orders entered and transactions done by any person whosoever through the Stock broker's IBT System using the Client'sUsername and/or Password whether or not such person was authorized to do so. Also the client is aware that authenticationtechnologies and strict security measures are required for the internet trading/securities trading through wireless technologythrough order routed system and undertakes to ensure that the password of the client and/or his authorized representative are notrevealed to any third party including employees and dealers of the stock broker
  6. The Client shall immediately notify the Stock broker in writing if he forgets his password, discovers security flaw in Stock Broker'sIBT System, discovers/suspects discrepancies/ unauthorized access through his username/password/account with full details ofsuch unauthorized use, the date, the manner and the transactions effected pursuant to such unauthorized use, etc.
  7. The Client is fully aware of and understands the risks associated with availing of a service for routing orders over theinternet/securities trading through wireless technology and Client shall be fully liable and responsible for any and all acts done inthe Client's Username/password in any manner whatsoever.
  8. The stock broker shall send the order/trade confirmation through email to the client at his request. The client is aware that theorder/ trade confirmation is also provided on the web portal. In case client is trading using wireless technology, the stock brokershall send the order/trade confirmation on the device of the client.
  9. The client is aware that trading over the internet involves many uncertain factors and complex hardware, software, systems,communication lines, peripherals, etc. are susceptible to interruptions and dislocations. The Stock broker and the Exchange donot make any representation or warranty that the Stock broker's IBT Service will be available to the Client at all times without anyinterruption.
  10. The Client shall not have any claim against the Exchange or the Stock broker on account of any suspension, interruption, nonavailabilityor malfunctioning of the Stock broker's IBT System or Service or the Exchange's service or systems or nonexecution ofhis orders due to any link/system failure at the Client/Stock brokers/Exchange end for any reason beyond the control of the stockbroker/Exchanges.
OTHER INSTRUCTIONS AND AUTHORIZATIONS

Clients deal through us as broker on the Capital Market and/ or Futures & Options Segments/Currency Derivative Segments. They authorize us to follow these instruction across exchanges & across segments in which they have already opened accounts with us or may open account in future. We shall be authorized by clients to carry out trading/ dealings on their behalf as per instructions given below:

  1. Running account instruction
  2. Instructions for acceptance of verbal orders
  3. Instruction regarding sale/disposal of securities
  4. Pledge authorization
  5. Standing instruction
  6. Instructions regarding DP charges to be debited to my account
  7. Third party authorization
MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding has to be signed by each and every client purchasing any product or service from us.

  1. Client is desirous of availing services/facllities available with The Member.
  2. The Client finds that it is necessary to enter into this "MOU" to bring out clearly the scope of services to be rendered by The Member and responsibilities of Client and The Member respectively.
  3. The Member and Client enter into this "MOU" to reduce to writing, the understanding between Client and The Member agreeing to be bound by the terms and conditions as given hereunder in consideration of the mutual covenants contained herein and other good considerations sufficiency of which is hereby acknowledged by The Member as well as Client. Now, in view of the foregoing, ln this "MOU", unless the context otherwise requires:
    1. Words denoting the singular number shall include the plural and vice versa;
    2. The pronouns "he", "she", "it" and their cognate variations are used as inter changeable and should be interpreted in accordance with the context;
    3. Words denoting a person shall include an individual, corporation, company, partnership, trust or other entity; provided however that clauses specifically applicable to a company or body corporate shall not apply to any other entity;
    4. References to the word 'include" or "including" shall be construed without limitation;
    5. Reference to any party to this "M0U" or any other agreement or deed or other instrument shall include its successors or permitted assigns;
    6. References to recitals and clauses shall be deemed to be a reference to the recitals and clauses of this "MOU";
    7. References to any enactment shall be construed as referring also to any amendment or re-enactment thereof and to any rule, bye-law, regulation, business requirement, specification, order, notification, circular or other provision made under it.
    8. Security/ Securities shall unless repugnant to the context herein shall have the meaning assigned to these terms in the Securities Contracts (Regulation) Act, 1956 as amended and in force at the relevant time.
  1. The Client assures The Member that he / she / it is eligible to enter into this 'MOU" under the applicable Iaws. The Client shall continuously monitor his/ her/ its eligibility to act under the applicable laws including but not Limited to Securities and Exchange Board of lndia (SEBI) Act and Regulations framed thereunder such as insider trading etc. Foreign Exchange Management Act (FEMA) and Regulations thereunder, Income Tax Act and any other act / law / rules and regulations in force. Lf at any time this assurance ceases to be applicable, Client shall refrain from dealing with The Member forthwith.
  2. The Client hereby acknowledges that he/she/it is aware that there exist certain regulations / restrictions etc. under Foreign Exchange Management Act and / or issued by Reserve Bank of lndia (RBl) regarding investment by foreign entities / persons including non resident lndians (NRls). The Client hereby agrees to be solely responsible to make investments only as per applicable limits / regulations in force from time to time.
  3. The Client agrees to keep himself / herself / itself updated regarding the changes in the rules, regulations, bye laws of the stock exchange(s) & / or guidelines issued by SEBI and / or the requirements / procedures of The Member. The Client agrees that he/she/it shall keep a track of any & all Such changes by logging on to the respective websites of the exchange(s) (www.nseindia.com; www.mcx-sx.com; www.useindia.com) or SEBI (www.sebi.gov.in) or Pee Aar Securities Limited (www.peeaar.in, www.bseindia.com).
  4. The Client shall ensure that he/she/it shall not deal through The Member on the stock exchange of which he/she/it is registered as a broker or a sub broker through any broker other than The Member except with the permission of exchange.
  5. The Client agrees to ensure the he / she / it shall not act as a sub-broker / intermediary without getting registered under the provision of law in force.
  6. Client understands and agrees that the relationship being established between The Member and Client whether under the agreement(s) already entered between The Member and Client or under this "MOU" is that Client shall be the principal and The Member shall be an agent to Client in the capacity of a broker. The Client shall from time to time place orders verbally (himself or acting through attorney / authorized person). The verbal orders can be placed over phone/ mobile phone and/or by visiting the branch to which the Client has been assigned/ attached by The Member. The order(s) shall be placed by Client only to designated / authorized dealer of The Member and to no one else. The order(s) given by the Client shall, provided same are received within market hours, with details necessary to punch the same in trading system, subject to availability of margin and/or trading limits be punched in the trading system. The Client agrees that it shall be sole responsibility of the Client to ascertain the status / results / hade of any orders given by him / her / it. The Client also understands and agrees that the word "Orders" includes the cancellation and modification orders as well.
  7. The Client also acknowledges that The Member's employees / agents (whether dealer, relationship manger, sub broker or authorized person) are not authorized to give any assurances as regards returns / outcome of trading and / or providing any tyoe of discretionary services for trading etc. and The client agrees not to solicit or rely upon any advice from The Member's employees / agent. It is agreed and accepted by the client that in the event any such advice / discretionary management services are accepted by the client from any employee / agent (including sub broker / authorized person) of The Member, the same shall be unequivocally a personal, private arrangement between such person and the Client and The Member shall have no liability towards the Client for outcome including the losses if on any account on such discretionary or similar services accepted by the Client in contravention of these explicit written terms between The Member and the Client.
  8. The Client agrees that mere entering into this "MOU" or any other agreement, does not entitle the Client to any service(s) / facility(ies) from The Member as a matter of right and The Member may in its absolute discretion provide or decide not to provide the any one or more service(s) / facility(ies).
  9. The Client further accepts and acknowledges that he would observe proper caution and due diligence while giving orders to the dealers / entering orders into trading platform provided by The Member. The client further agrees that he would not indulge in any trading activity resulting in the disturbance of the market equilibrium including manipulation of the price of any scrips / contracts, synchronized deals with any person or any kind of orders / trades which may be considered as inappropriate / unacceptable by The Member / the relevant exchange(s) / regulator(s). The Client acknowledges that The Member reserves the right to keep in abeyance the funds /securities as may be deemed fit by The Member depending upon the gravity of the violation or / and through trades done by/on behalf of the Client considered as inappropriate / unacceptable by The Member / the relevant exchange(s) / regulator(s). The client further understands and accepts that The Member also reserves the right to levy any penalty for such trades done by / on behalf of the Client considered as inappropriate / unacceptable by The Member / the relevant exchange(s) / regulator(s), as may be deemed fit by The Member / the relevant exchange(s) / regulator(s).
  10. If the Client is enabled to access the trading system of The Member directly say through internet then Client is authorized to place orders directly as well. The Client agrees that any communication of orders in any form or manner whatsoever to The Member or by entering orders into a facility provided by The Member such as internet etc. neither implies order's(s)' acceptance nor assures a trade from such order(s) and the Client is also aware that any deliveries of securities / payout of monies on account of trades is subject to settlement process being successful particularly for trades which are matched within the clients of The Member and the Client hereby agrees not to hold The Member responsible in any manner whatsoever for any delay in settlement which are beyond reasonable control of The Member.
  11. The Client agrees and acknowledges that The Member shall not be liable to provide him with any legal, tax, investment or accounting advice or advice regarding the suitability or profitability of a security or investment and as such all investment and disinvestment decisions are based on the Client's own evaluation of financial circumstances and investment objectives. This extends to any decision made by the Client on the basis of any information that may be made available by The Member including that on the website / trading platform / through SMS etc. The Client will not hold nor seek to hold The Member or any of its officers, directors, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses or other losses, costs or damage incurred by the Client consequent upon relying on information, research opinions or advice or any other information whatsoever including that on the website whether put up by The Member or any other agency. The Member does not represent and shall not be deemed to have represented, that the investment information is accurate or complete. The Client is aware that any information based on the research of The Member or other external sources is merely an estimation of the viability or otherwise of certain investments, and The Member 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 decision. The Client also acknowledges that The Member's employees / agents are not authorized to give any such advice and that the Client will not solicitor rely upon any such advice from The Member or any of its employees / agents.
  12. The Client agrees and acknowledges that trading over telecom networks involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. which are susceptible to interruptions, malfunctioning and dislocations etc. The Member does not make any representation or warranty about uninterrupted trading facility and as such, under no circumstances shall The Member or anyone involved in creating, producing, delivering or managing The Member's services be liable for any direct, incidental, special or consequential damages that may result from the use of or inability to use the service, delay in transmission of any communication, in any case for any reason whatsoever (including on account of breakdown in systems) or due to any fraud committed by any person whether in the employment of The Member or otherwise.
  13. The Client agrees that The Member does not guarantee and shall not be deemed to have guaranteed the timeliness, sequence, accuracy, completeness, reliability or content of the market information or messages disseminated to the Client. The Member shall not be liable for any inaccuracy, error or delay in, or omissions of any such data, information or messages, due either to any act or omission by The Member or to any "force majeure" event (e.g. Flood, extraordinary weather condition, earthquake or any other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communication, power failure, shut down of the systems for any reason (including on account of computer viruses), equipment or software malfunction); any fraud committed by any person whether in the employment of The Member or otherwise or any other cause which is beyond the reasonable control of The Member.
  14. The Client hereby authorizes The Member to take all such steps on the Client's behalf as may be required or advisable in The Member's opinion for compliance with the exchange provisions or any other law or provisions or to complete or settle any transactions entered into through or with The Member or executed by The Member on behalf of the Client. However, nothing contained herein shall oblige The Member to take such steps.
  15. The Member / service provider may require the Client to use such security measures as deemed fit including but not limited to security codes / passwords / customer user identification number / telephone personal identification number (t-pin) / digital signatures / smart cards etc' hereinafter collectively referred to as "security protocols", before accepting any orders & / or for permitting access to the systems / services /facilities made available by The Member / service provider. The Client agrees to change, wherever possible, such "security protocols" immediately on their receipt and periodically thereafter also. Lt shall be the responsibility of the Client using any online trading platform provided by The Member to completely log out rather than close/exit the browser/trading application window, The Member shall not be responsible or liable for any unauthorized trade and/or leakage/hacking of the Client's personal details and/or financial information available on the trading platform should the Client be negligent in adhering to the same. The Client agrees, accepts and undertakes the sole responsibility for the usage, confidentiality, protection and secrecy of all such "security protocols". The Client unconditionally agrees that he / she / it shall be solely responsible for any / all uses of"security protocols" whether for accessing data / information or for giving orders / dealings. The Client agrees to bear any losses / damages which may be caused by any use of or non use of "security protocols" and it shall be no defense that such access to data / information & / or the orders / deals were made through unauthorized use of "security protocols" by any person by whatever means including hacking, theft, forgery / electronic forgery or any other mode or manner. Notwithstanding anything stated herein above, on coming to know of any unauthorized access / use of any “Security Protocols” it shall be the duty of the Client to take all necessary steps including but not limited to informing The Member in writing with full details of the same and ensuring that such breach, loss of passwords / security protocols and / or confidentiality are immediately stopped. The Member reserves right to suspend the client account/reject the orders in case of any misuse identified / wrong credential provided / any doubt on the person / manner providing the orders for and on behalf of client in the interest of safeguarding client's monies and to avoid frauds.
  16. The Client hereby agrees to use the facilities, data and information which is provided by The Member or which may become available to the Client as a result of client's relationship with The Member purely for the purposes permitted by The Member and only for the personal use and agrees never to disseminate any information or data for any reason or purposes whatsoever except under a written authority signed by a director of "The Member". lt is agreed by Client that all intellectual properties (lP) in any such information / data shall remain with The Member and / or stock exchange and /or relevant service / information provider and Client shall not remove any lP markers etc. from any documents/ information received.
  17. The Client hereby agrees that The Member may communicate/ send information to the Client like order placement, order confirmations, order modifications, order executions, trade confirmations, trade modifications, bills, transaction statements, account statements, margin requirements, trading / settlement cycles, delivery / payment schedules, policies, procedures, notices, frequently asked questions (FAQs) and any other documents / reports, using any or more of the following means or methods such as post / speed post / courier / registered post / registered post acknowledgment due / facsimile / telegram / cable / e-mail / voice mails / telephone (telephone includes such devices as mobile phones etc.) including SMS on the mobile phone or any other similar device; by messaging on the computer screen of the Client's computer; by informing the Client through employees / agents of The Member, by publishing / displaying it on the website of The Member / making it available as a download from the website of The Member; by displaying it on the notice board of the branch / office through which the Client trades or if the circumstances, so require, by radio broadcast / television broadcast / newspapers advertisements etc; or any other suitable or applicable mode or manner. The Client agrees that the postal department / the courier company /newspaper company and the email/ voice mail service provider and such other service providers shall be the agent of the Client and the delivery shall be complete when communication is given to the postal department / the courier company / the e-mail /voice mail service provider / SMS, etc. by The Member and the Client agrees never to challenge the same on any grounds including delayed receipt / non receipt or any other reasons whatsoever.
  18. Client understands that for performing the acts contemplated under this relationship/ ”MOU” The Member has to use softwares and hardwares / machines etc. Client understand that as regards trading, the softwares/ programmes of stock exchanges are used with additional softwares permitted by stock exchanges such as (without limitation and as illustration) ODIN DIET Client, Net. Net, NOW Online, FASTRADE, etc. While stock exchanges take all care to have full proof softwares/programmes and additional softwares/programmes such as ODIN DIET Client, Net.Net, NOW Online, FASTRADE, etc. are preapproved by stock exchanges no warranty /guarantee is taken either by the vendors/suppliers of any these softwares/ programmes of their fullproof/glitch/bug free performance always. Their operations can also be effected due to software viruses etc. which may interalia lead to disruption in trading / order entry and/or false/incorrect display of order/trade status including but not limited to display of trade confirmation etc. when actually trade has not occurred or has occurred contrary to display. Therefore Client shall be duty bound to act with all 3reasonable caution and not to trade where there are reasonable grounds to believe that the trading system is not operating normally including situations where usual limits applicable as per the margin availability / quantity limits on order are either not operational or are out of sync with clients own margin and quantity limits. Any acts against the covenant by client shall make client liable for criminal prosecution apart from claims of damages and other losses by The Member and / or the insurer of The Member. Further, The Member is authorized but not obliged to have system / software/ human controls to ensure Client Trades / places orders with adequate margin, however the responsibility to trade / place orders within bound of margin limits shall always be of “the Client” and it shall be open to Client to trade / place orders within bounds of margin limits and it shall not be open to Client to trade/ place orders where it is reasonably clear that the restrictions if any by The Member are not active / or are malfunctioning. Where Client does trade in contravention of this covenant, Client shall be liable for criminal prosecution apart from the claims of damages and other losses by the Member and / or the insurer of The Member. Given aforementioned possibilities of system / software/ human errors, the Client agrees that display or printout of any transactions taken out from any system / computer at the time of order entry or instructions entry or thereafter, including but not limited to net banking and/or electronic transfer of securities in depository etc., shall not be construed as the official record of the transactions/orders. The Member's or service providers' (such as bank's/stock exchanges /\ clearing house / clearing corporation / depository participant / depository) final official record of transaction maintained in their own books of accounts or electronic systems shall only be the acceptable records and shall be conclusive and binding for all purposes (such as clearing file of stock exchanges etc.). The Client agrees that this is without prejudice to the right of The Member/service provider to rectify any discrepancy / differences which is due to any inadvertent human error/ system/ computer error etc., at any time without limitation, at the sole and absolute discretion of The Member and / or any of the service providers.
  19. The Client agrees to use, such facilities/arrangement with banks /depository participants for making or receiving payment of funds/monies and/or securities, as may be prescribed by The Member in its absolutely discretion including but not limited to online or offline facilities of one or more banks or depositories and Client hereby agrees not to hold The Member responsible for any losses or damage which may be suffered by the Client by use of any such prescribed facilities.
  20. The Client agrees that The Member or any service provider such as banks etc., may from time to time prescribe particular softwares (including but not limited to browsers, operating systems, TCP/IP protocols etc.) / devices / equipments etc. and the Client agrees that such softwares / devices /equipments may need to be changed / upgraded to newer versions and this may require the Client to suitably reinstall/ uninstall/ upgrade the said facilities / device / equipments etc. at its end. Such changes may involve disruption in trading / communication of orders and may even lead to losses and the Client hereby unconditionally and absolutely agrees not to hold The Member or service providers or depositories responsible on any account. All costs / charges /Ievies and fees incurred by the Client for the said services shall be borne exclusively by the Client alone.
  21. The Client hereby authorizes The Member in its absolute discretion to maintain records / books of accounts for the Client separately or collectively for different exchanges / segments of the exchanges & / or any other service which the Client may be availing such as Depository Services etc. It shall be the sole responsibility of the Client to ascertain the balance of securities & /or funds in all the accounts separately and the Client shall be required to pay / make available necessary money / funds and / or securities into anyone or more such segregated / aggregated account(s) not-with-standing the fact that an aggregation of the accounts may not require from the Client either any securities and / or money/ funds and the Client hereby agrees not to hold The Member responsible for considering shortage of margin / security & / or shortage of pay in obligations in any account, without aggregating / summing such account with other accounts.
  22. Client agrees that any loss due to any erroneous order entry / erroneous order modification shall be entertained by The Member only to the extent of insurance claim received.
  23. The Client hereby agrees to use the facilities, data and information which is provided by The Member or which may become available to the Client as a result of Client's relationship with The Member purely for purposes permitted by The Member and only for personal use and agrees never to disseminate any information or data for any reason or purposes whatsoever except under a written authority signed by a director of The Member.
  24. The Client hereby agrees and declares that he / she / it has fully assessed and accepted the risks involved in using the services/ facilities including but not limited to internet based services such as but not limited to misuse of passwords, internet frauds, technology risks etc., and agrees not to hold The Member and any / all service providers responsible for any damages, losses or negative consequences which Client may suffer in any manner whatsoever.
  25. Client agrees to The Member tape-recording the conversations between Client / Client's representative and The Member's officers/ employees/agents etc. in its absolute discretion, either personally or over the telephone. Such recordings may be relied upon by The Member as and when required, and the Client agrees not to challenge the evidentiary value of such recordings.
  26. Client wants to make investments in mutual funds, initial public offerings/follow on public offerings, rights issue, fixed deposit(s) etc. and generally to invest in various avenues / products and to redeem/liquidate any investments and wants The Member to give effect to desires/ requirements of Client by giving orders/instructions (electronic/physical/verbal) for the same and to sign any documents and / or do any and all act(s) as may be required or are deemed necessary in opinion of The Member for these purposes from time to time. In view of the foregoing, Client authorizes The Member to share Client's personal and other information with other parties including The Member's group / related entities so as to receive offers and information on various product / services etc. and agrees that any offers / information received shall not be contested on grounds of addresses / phone included in national “do not call registry” or any other such restrictive regulations/laws.
  27. In case Client has made any purchase of securities and the delivery of the same falls short inter-Client at the broker level, Client hereby authorize The Member to make purchases of the same in the market to make available the delivery of the said securities to Client.
  28. In case Client has made any sale of securities and due to any exigencies Client is unable to make available the delivery of the same in the designated account within the designated time and it is an inter Client delivery at broker level, Client hereby authorizes The Member to make purchases of the same in the market on Client's behalf to make available the delivery of the said securities to the opposite party.
  29. Client hereby authorizes The Member to debit Client's account with depository services charges, bank charges on account of dishonor of cheques, stop payment instruction charges, demand draft/pay order/PGP charges, NEFT/RTGS charges, call and trade charges, SMS charges, settlement professional charges (as may be applicable to NRIs), research service/message fee, trading platform charges, application money and processing charges for mutual funds, initial public offerings/follow on public offerings, rights issue, fixed deposit(s), money market instruments, etc. generally various investment avenues / products, processing fees/charges towards contract note/statement of account etc. and any other such or similar fees / charges as may become applicable from time to time.
  30. The Client hereby authorizes The Member to maintain books of accounts on combined ledger principle i.e. to say collectively for all segments of all exchanges and any other exchanges and any other segment or service for which “the Client” has an arrangement to deal through / with The Member. However, The Member shall be within its rights to demand sums due separately for any specific agreement and / or exchange if it so deems fit in its absolute discretion.
  31. Client agrees that The Member shall be entitled to further pledge and / or deposit shares / stocks (securities)/ funds (monies) and any other collateral such as fixed deposit receipts / gold / real estate etc. of “the Client” which may be available to The Member Inter-alia on account of the same having been deposited by the Client as collateral / margin and / or lying with The Member on account of maintenance of running account for “the Client”. Such Pledge / deposit may me made by The Member from time to time with any exchange(s)/ clearing corporation / clearing house/ any other person in its absolute discretion and “ the Stock Broker” may raise funds / obtain bank guarantees / fixed deposits receipts against such stocks/shares(securities) from time to time.
  32. Client hereby authorizes Pee Aar Securities to set-off / appropriate / adjust a part or whole of the monies / credit balances in ledger and / or securities (shares/stocks etc) and / or Margin lying as credit / debit in Client's account against any dues / debit balances in ledger including but not limited to dues by way of shortfall in Margin, in any of Client's Family members' and / or any of Client's Group / Associate companies'/ firms'/ entities' accounts. The words / expressions “Client”, “Margin”, “Family” as used herein, shall, unless repugnant to the context, have the meaning as assigned hereunder:
    1. Client - shall mean and include where context so requires non-natural person(s) / entity (ies) such as companies, firms, association of persons and trusts etc.
    2. Margin - without limiting the meaning and scope of word “Margin” it shall include all monies and / or securities (shares and stocks etc.) and / or any other movable and immovable property which may serve as collateral/ security for dealing(s) in shares/ stocks/ futures & options contracts / other type of derivative contracts including currency derivatives.
    3. Family - without limiting the meaning and scope of word 'Family', it shall mean and include the spouse, all ascendants, descendants, brothers and sisters of Client (constituent) and all members of Client's (constituent)'s Hindu Undivided Family (HUF), all dependents of Client (constituent) and their spouse and children and such other persons who live in the same household/ residential address as that of Client (constituent).
    4. Group / Associate companies/ firms/ entities without limiting the meaning and scope of words “Group/ Associate companies /firms/ entities” / these shall mean and include all such companies/ firms/ entities which are either Controlled by / or Control the Client and shall includes all companies/ firms/ entities which are under common Control as that of the Client including those which control/ are controlled by spouse of the Client.
    5. Control- without limiting the meaning and scope of word 'Control' it shall include the meaning given to it under the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, as amended and in force.
  33. In connection with this "MOU", as well as all transactions contemplated under this "MOU" as offered by The Member from time to time, the Client agrees to execute and deliver documents titled “authorizations” and to perform such additional actions which may be necessary, appropriate or requested to carry out or evidence the transactions in respect of the services availed by the Client from time to time. All the terms of this "MOU" shall be read as part and parcel of authorizations.
  34. The Client hereby declares that all information which have been provided, are being provided and which shall be provided by the Client to The Member or any service provider under this "MOU" or in relation thereof or as consequences thereof is and shall always be true to the best of information and knowledge of the Client.
  35. The Client expressly agrees that his /her/ its utilization of a service / facility such as but not limited to advisory services, any other activity for and on the behalf of the Client or any other transaction which The Member undertakes with or for the Client, shall also be covered by the terms & conditions of this "MOU".
  36. The Client agrees that all monies, securities or other property which The Member may hold on Client's account shall be held subject to a general lien for the discharge of Client's obligations to The Member. Client further agrees neither to close bank and depository accounts nor to mark any lien / pledge on the securities and / or monies lying in such accounts which are linked to his trading account till such time that his account is fully settled with “the Stock Exchange” for all the obligations.
  37. The Client also acknowledges that The Member's employees / agents (whether dealer, relationship manger, sub broker or authorized person) are not authorized to accepts any cash from any person and if client provides cash to any person then in that event The Member shall in no way be responsible and the relationship of Client with any such person including with any dealer, relationship manager, sub-broker or authorized person shall be a personal, mutual and private relationship between the Client and such person(S) and Client shall have no recourse / right against The Member. The Client acknowledges that all the payments to The Member shall be made by the Client through cheques / Demand Draft or any other instrument drawn in favor of The Member. The Client also understands that while making payments through Demand Drafts the Client is bound to declare in writing to The Member the source of such demand draft and the Client will always make true and correct declaration. The Client, without prejudice to the legal rights available to The Member, also indemnifies The Member from any third party claim which may arise on account of payment made by the Client through such Demand Draft / Cheque to The Member.
  38. The Client agrees and accepts that he shall never leave / entrust blank Delivery Instruction Slip (also known as DIS) pertaining to his depository account to any employee / agent (including sub-broker/ authorized person) of the The Member. The Client agrees that even if he does so, the same shall be unequivocally a personal, private arrangement between such person and the Client and The Member shall have no liability towards the Client for outcome including losses, if any on account of such entrustment / leaving of blank Delivery Instructions Slips (also known as DIS) by the Client in contravention of this explicit written term between The Member and the Client.
  39. The Member sends through post, courier, government post, disseminates through web site the pay-in / pay out and other obligations relating to Client trading and other relevant information. The Client agrees that it is his /her / its responsibility to review any / all information communicated including but not limited to order placement, order confirmations, order modifications, order executions, trade confirmations, trade modifications, bills, transaction statements, account statements, margin requirements etc. communicated to the Client by any of the aforesaid means or mode whatsoever, immediately on their receipt and take necessary action. If the Client does not revert with objections within 48 hours of issuance of information to him, the same shall be deemed accepted by the Client. Client further agrees that due to above regular dissemination / dispatch of information, the Client shall be knowing the quantum of funds / securities etc. which should be received by him in regular course of trading etc. Therefore where Client comes in possession of assets of The Member (including those of any third party such as bank / other clients) which do not appear to belong to him, (whether due to system, software / hardware and / or human failure / fraudulent acts) the same shall be held by the Client in trust and returned suomoto to The Member. Any actions by Client in contravention of this covenant shall make Client liable for criminal prosecution apart from Claims for damages and other losses by The Member and / or the insurer of The Member and / or third parties affected by acts of the Client.
  40. The Client hereby agrees that it is the sole responsibility of the Client to know the status/ declaration of all corporate benefits including but not limited to Rights Issue, Bonus Issue, Dividends and Stock Split of Shares/ Buy Back, etc, announced by Issuer Company from time to time, for securities of company(ies) in which Client intends to trade and/ or those which are kept by Client with The Member for ease of dealing/ margin/ collateral security etc. and make appropriate trading/dealing decisions by appropriately considering the impact of any corporate action(s). The Member is not required to act as an advisor to Client in any of these matters/ aspects. It is the Clients sole responsibility to track announcements of such corporate benefits and The Member shall not be liable for any losses suffered by Client, if Client fails to apply to such corporate benefits for the shares held by The Member in beneficiary account on behalf of Client. Client may be keeping securities with The Member for ease of payment for ease of dealing / consideration as margin / security / collateral etc. Client understands that some corporate benefits will be passed onto the relevant account of The Member by issuer company(ies). It is understood and agreed that these corporate benefits will continue to remain with The Member unless a request (to be binding upon The Member only if evidenced by a photocopy/carbon copy of such request duly receipted by manager and one more officer of relevant branch with stamp) is made by Client for transfer the same to Client's own account. The transfer by The Member shall not be immediate but take reasonable time, subject to there being no pay - in obligations/ margin obligations/collateral obligations needed to be fulfilled by corporate benefits received. Further, where Client is keeping securities with The Member for ease of dealing for consideration as margin/security/collateral etc., Client understands that some corporate benefits will require some action for obtaining the same, such as for rights issue etc. It is understood and agreed that Client shall free the securities from any margin/collateral/security/ pay -in obligations and get them moved through request (to be binding upon The Member only if evidenced by a photocopy/ carbon copy of such request duly receipted by manager and one more officer of relevant branch with stamp) given well in advance to Client's own beneficiary account and take necessary action for applying and/or receiving corporate benefits. In exceptional circumstances may upon request (to be binding upon p only if evidenced by a photocopy/ carbon copy of such request duly receipted by manager and one more officer of relevant branch with stamp) given well in advance take actions for and on behalf of Client to / apply and / or receive such corporate benefits such as for Right Issue/Open Offer/Buy Back for the shares held by The Member on behalf of client (subject to Client making available free funds etc. for the same well in advance). However The Member shall not be liable for any loss/claim whatsoever in the event such application is rejected by Registrar /Company /Manager to the Issue for any reason.
  41. The Client agrees that this MOU and agreements etc. preceding or succeeding it are non-assignable without prior written approval of The Member.
  42. This MOU and any preceding and / or succeeding agreements / documents shall not be affected by Client's death, dissolution and/or winding-up and its / his / her their estate, effects heirs, executors, administrators and legal representatives will continue to be liable for full payment of all the moneys payable and/or due to The Member.
  43. The Member may grant / transfer to any person / bank / financial institution, for any purpose whatsoever, any of its rights under this "MOU" or under any preceding or succeeding agreements/writings etc. including the right to any amounts receivable by The Member or any other rights and The Member may grant/ transfer such rights by way of sale or as a charge or as a security and any person to whom such rights are granted / transferred shall be entitled to the full benefit of such rights
  44. EVENTS OF DEFAULT AND TERMINATION: Each of the following events is, and shall be deemed to constitute, an “Event of Default”.
    1. If the Client defaults in the payment of any obligations as and when they become payable;
    2. If the Client does not maintain the Margin at the prescribed levels;
    3. If the Client has made any material misrepresentation of facts, including (without limitation) in relation to the Security;
    4. If the Client has voluntarily or compulsorily become the subject of proceeding under any bankruptcy or insolvency law or being a company, goes into liquidation or has receiver appointed in respect of its assets or refers itself to the Board for Industrial and Financial Reconstruction or under any other law providing protection as a relief undertaking;
    5. If the Client being a partnership firm, has any steps taken for dissolution of the partnership;
    6. On the death/lunacy or other disability of the Client.
    7. If there is reasonable apprehension that “the Client” is unable to pay its debts or “the Client” has admitted its inability to pay its dues, as they become payable;
    8. If the Client suffers any adverse material change in his/her/its financial position or defaults in any other agreement with the The Member;
    9. If there is any commencement of a legal process against the Client under any law in force;
    10. If the Client has taken or suffered to be taken any action for its reorganization, liquidation or dissolution;
    11. If a receiver, administrator or liquidator has been appointed or allowed to be appointed of all or any part of the undertaking of the Client;
    12. If the Client is in breach of any term, condition or covenant of this MOU or any preceding or succeeding agreements with Stock Broker;
    13. If any covenant or warranty of the Client is incorrect or untrue in any material respect;
    14. If the Client creates any encumbrance over the securities placed as margin, or otherwise takes any action towards creation of such encumbrance over the securities placed as margin;
    15. If the title of the Client to the securities placed as margin is in jeopardy or if there is an attachment or lien against the securities placed as margin;
    16. If the Client acts /or desists from acting in any manner which will jeopardize the securities placed as margin or the powers vested in “the Stock Broker” under the Power of Attorney from being exercised by 'the Stock Broker” (acting through its authorized representative);
    17. There exists any other circumstance, which in the sole opinion of “The Member” is prejudicial in the interest of “The Member”; and
    18. If an event of default has occurred under any other agreement entered into by the Client.
    19. If the action of the Client are prima facie illegal/improper (including, without limitations, misbehavior, threat to person / property of stock broker or its employees, entry in to stock brokers premises in intoxicated state) such as to manipulate the price of any securities or disturb the normal, proper functioning of market, either alone or in conjunction with others.
    20. If, in the opinion of The Member the Client has committed, assisted, abetted crime / fraud or / is likely to evade/ violate or assist or abet violation/evasion of any laws rules, regulations, directions of a lawful authority whether Indian or foreign or if The Member so apprehends, The Member shall have the right to suspend or terminate the MOU and all other preceding and succeeding agreement with “the Client” without notice during suspension all trading and other services to Client shall remain suspended.
    21. If any Event of Default has occurred or is continuing, The Member shall have the right to suspend or terminate the MOU and all other preceding and succeeding agreement with “the Client” without notice during suspension all trading and other services to Client shall remain suspended.
  45. The Client agrees that the failure of The Member to enforce at any time any terms contained in this “MOU” shall not be construed to be the waiver of any terms or of the right thereafter to enforce each and every term.
  46. Except where the rules/bye-laws of SEBI / Concerned Exchange provide otherwise, the Parties agree to exclusive jurisdiction of courts of law at Delhi.
  47. If any provisions of this “MOU” are held invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or terms held invalid. The validity of the remaining provisions and terms shall not be affected thereby and these terms shall be carried out as if any such invalid / unenforceable provisions or terms were not contained herein. The Client confirms having read and accepted the terms and conditions of this document titled as “Memorandum of Understanding: inter-alia comprising citation and clauses 1 to 47 and accepts and agrees to be bound by all of them including those excluding/limiting Member's liabilities.
TERMS OF USE INCLUDE ALL THE FOLLOWING AS PER LEGAL AND STATUTORY REQUIREMENT OF SEBI, EXCHANGES, DEPOSITORIES AND ANY OTHER GOVERNMENT BODIES
  1. Policies & procedures for dealing in capital market, derivatives, commodities market
  2. Rights and obligations of stock brokers for dealing in capital market, derivatives, depository participant, commodities market
  3. Risk disclosure document for dealing in capital market, derivatives, commodities market
  4. Guidance note for dealing in: capital market, derivatives, commodities market