Terms and conditions Stock Exchange and Stockbroker
For Stock Exchange
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Stock Exchanges may confirm the details by way of sending SMS or E-mail or letter directly to the Client. Only upon receipt of confirmation from the Client, the Stock Exchanges shall commence sending the transaction details directly to Client.
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In case of non-individual accounts the service will be available only to one mobile number as provided to Stock Exchanges as provided in the above details.
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Client acknowledges that the service provided to him is an additional facility provided for his convenience and is susceptible to error, omission and/ or inaccuracy. In case the client observes any error in the information provided in the alert, the client shall inform the Stock Exchange immediately in writing and the Stock Exchange will make best possible efforts to rectify the error as early as possible.
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The Client authorizes the Stock Exchange to send any message such as promotional, greeting or any other messages that the Stock Exchange may consider appropriate to the client. The Client agrees to receive above information and also gives an ongoing confirmation for use of name, email address and mobile number for marketing offers between group companies and gives the consent to receive any messages/mails.
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The information sent as an alert on the mobile phone number / Email ID shall be deemed to have been received by the Client and the Stock Exchanges shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert.
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The Stock Exchanges will make best efforts to provide the service. The Client cannot hold the Stock Exchanges liable for non-availability of the service in any manner or for any non-delivery, delayed delivery or distortion of the alert in anyway whatsoever.
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Stock Exchanges reserves the right to charge such fees from time to time as it deems fit for providing this service to the Client as governed by the regulatory authorities.
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I/We agree that the member will not be responsible for non-receipt of documents sent via electronic delivery due to change in email address or for any other reason which inter alia include my/our email/inbox running out of capacity, malfunction of my/ our computer system/ server/ internet connection etc.
i. The Stock Exchanges shall not be liable for any breach of confidentiality by the service provider or by any third person due to unauthorized access to the information meant for the Client. In consideration of the Stock Exchanges providing the services, the Client agrees to indemnify and keep safe, harmless and indemnified the Stock Exchanges and its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever which a Stock Exchanges may at any time incur, sustain, suffer or be put to as a consequence of or arising out of interference with or misuse, improper or fraudulent use of the service by the Client. The Stock Exchanges shall also not be liable for any delay or any other interruption which may occur in providing the data due to force majeure, communication failure, any technical reason including network (Internet) related reasons, system failure or any other form of breakdown of services or the inability of the Exchange to send the data beyond the control of the Exchange.
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The Stock Exchanges may amend the terms and conditions at any time with or without giving any prior notice to the Client. Any such amendments shall be binding on the Client who is already registered as a user of this service.
For Stockbroker
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The Stock Broker may provide the client with such number of SMS Alerts as the Stock Broker may in its sole discretion determine. The Stock Broker will intimate the Client, if the Stock Broker decides to charge for the same by email or by displaying the same on the website and / or mobile / SMS along with the applicable charges. The Stock Broker shall debit the Client's account such sums, on daily or monthly basis or as it may decide from time to time, as may be due to it hereunder for providing the SMS Alerts.
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The Stock Broker reserves the right to modify the said charges from time to time, or discontinue this SMS alert facility at any time without assigning any reasons for the same. Provided that the Stock Broker will intimate the Client, the modified charges and/or changes in the same either through an e-mail or by putting up the said charges and / or any change on the Website or orally or any other mechanism as it may deem fit. It shall be the Client's responsibility to maintain adequate balance in his account so as to enable the Stock Broker to debit his account for such above mentioned charges. If the Stock Broker is unable to recover the charges from the Client, due to insufficient balance in the Client's account, then the Stock Broker may discontinue the SMS alert facility to the Client or take such other actions as the Stock Broker may deem fit.
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The SMS facility will be provided only to those Clients who have given their valid and functional mobile numbers. It shall be the Client's responsibility to ensure that the mobile number given to the Stock Broker is correct and operable/in-working condition at all times.
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The Stock Broker may also arrange to SMS research related messages and / or market updates and information only to the Clients subscribed to such facility.
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The Client is obligated, unless discontinued the SMS facility, to communicate the change in the mobile number, if any, to the Stock Broker immediately. The Stock Broker will send the SMS alerts to the new mobile number only after the same has been incorporated in database of the Stock Broker. However, the Stock Broker shall not be liable at any time if SMS alert is sent to a number, which has changed, which may have caused due to a delay or non-intimation by the Client or non-receipt of the intimation by the Stock Broker of the said change.
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The Stock Broker and its SMS facility provider hereby disclaim all or any liability that may arise as a consequence of the incomplete / incorrect data/request being provided by the Client.
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The Stock Broker or the facility provider shall not be responsible for any non-delivery or delay in delivery of SMS alerts and/or market updates and information to the Client including but not limited to reasons such as the mobile phone being lost, stolen, or the Client's phone not being with him, or a technical failure with the Client's mobile phone. The Client shall not be entitled to claim a refund of any amount charged by the Stock Broker to him or any additional amounts whether as compensation, damages, opportunity loss, etc.
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The Client may discontinue from availing the SMS at any point of time through appropriate written intimation to the Stock Broker's designated officials and/or any other mode of communication that may be set up by the Stock Broker from time to time. The Stock Broker may also provide a link on the website to modify or cancel the facility, where the Client changes the options / settings of the SMS facility.
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The Stock Broker may, at its discretion, decide the maximum number of alerts that Client shall be eligible to set up. The Stock Broker may not entertain the additional request, if the request placed by the Client exceeds the maximum number of permissible open requests, unless an existing open request is cancelled by the Client or has been executed.
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Neither the Stock Broker nor any other party disseminating any data, message and/or information pertaining to the SMS alerts or market updates and information shall be liable for any inaccuracy, error, omission or delay in the transmission or delivery of:
i. any such data, information or message, or
ii. any loss or damage arising from or occasioned by
iii. any such inaccuracy, error, delay or omission,
iv. non-performance, or
v. interruption in any such data, information or message, due either
vi. to any act or omission by the Stockbroker or any disseminating party or due to power failure, equipment or software malfunction or any other cause beyond the reasonable control of the Stock Broker, or any disseminating party. -
Neither the Stockbroker nor any disseminating party shall be liable for any lost opportunity i.e., notional profit due to the non-receipt of a certain SMS alert or market update/information that may have been requested by him.
I/We have read and understood the terms and conditions mentioned above and agree to abide by them and any amendments thereto made by the Stock Exchanges from time to time. I/ we further undertake to pay fee/ charges as may be levied by the Stock Exchanges from time to time, as applicable. I/We am/ are aware that mere acceptance of the registration form does not imply in any way that the request has been accepted by the Stock Exchanges for providing the service. Providing the Service as outlined above shall be governed by the laws of India and will be subject to the exclusive jurisdiction of the courts in Mumbai. I/We agree to intimate for any change in my mobile number and/or email ID provided to you in writing.