The Client agrees to avail of the Trading Member’s (Brics securities Limited) INTERNET Service (www.bricssecurities.com), on and subject to the terms and conditions of Agreement entered with the trading member, the Exchange (National stock Exchange of India Ltd. and Bombay Stock Exchange Ltd.) provisions and other regulations.

The Client will be given access the Account through the Internet Service after completing the necessary formalities. The Client will be entitled to a username and password, which will enable him to access the Trading Member’s INTERNET System for availing of the Service.

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 the Trading Member’s INTERNET System using the Client’s Username and/or Password whether or not such person was authorised to do so.

The Client shall immediately inform the Trading Member of any unauthorised use of the Client’s Username or Password with full details of such unauthorised use including the date of such unauthorised use, the manner in which it was unauthorisedly used, the transactions effected pursuant to such unauthorised use, etc.

The Client acknowledges that he is fully aware of and understands the risks associated with availing of a service for routing orders over the Internet including the risk of misuse and unauthorised use of his Username and/or Password by a third party and the risk of a person hacking into the Client’s account on the Trading Member’s INTERNET System and unauthorisedly routing orders on behalf of the Client through the System. The Client shall be fully liable and responsible for any and all unauthorised use and misuse of his Password and/or Username and also for any and all acts done by any person through the Trading Member’s INTERNET System on the Client’s Username in any manner whatsoever.

The Client shall log off from the INTERNET Service 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.

The Client shall immediately notify the Trading Member in writing with full details if :
(i) he discovers or suspects unauthorised access through his Username, Password or account,
(ii) he notices discrepancies that might be attributable to unauthorised access,
(iii) he forgets his password or
(iv) he discovers a security flaw in the Trading Member’s INTERNET System.


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 unauthorisedly changed by some other person or for any other reason then the Client shall immediately request the Trading Member in writing to discontinue his old Password; and thereupon the Trading Member shall cause the Trading Member’s INTERNET System to discontinue the use of the Client’s old Password and the Trading Member's INTERNET System shall generate a new Password for the Client which shall be communicated to the Client. At no point in time shall the Trading Member be liable for any loss, whether notional or actual, that may be suffered by the Client on account of the misuse of the Password.

All orders for purchase, sale or other dealings in securities and other instructions routed through the Trading Member’s INTERNET System via the Client’s Username shall be deemed to have been given by the Client.

The Trading Member may from time to time impose and vary limits on the orders which the Client can place through the Trading Member’s INTERNET 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 Trading Member may need to vary or reduce the limits or impose new limits urgently on the basis of the Trading Member’s risk perception and other factors considered relevant by the Trading Member, and the Trading Member may be unable to inform the Client of such variation, reduction or imposition in advance. The Trading Member shall not be responsible for such variation, reduction or imposition or the Client’s inability to route any order through the Trading Member’s INTERNET System on account of any such variation, reduction or imposition of limits. The Trading Member 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 the Trading Member.

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 the Trading Member’s INTERNET System, the Trading Member shall not be liable for any delay in the execution of any order or for any resultant loss on account of the delay.

In case of a market order, the Client may 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 Trading Member’s INTERNET System.

The Client should execute all orders at around market prices. The Client should not attempt at price distortion and price rigging made through any means.

The Trading Member, at his discretion, may execute trades on behalf on the Client at the request of the Client, in case of system failure at the Clients end. Any profit / loss arising out of such trades shall be at the risk of and borne by the Client.

Client shall be solely responsible for all orders communicated through the Internet Service, and neither Trading Member nor any of Trading Member’s directors, officers or employees shall be liable to me/ us, or to any other person claiming under or through Client, for any claims made with respect to the receipt and execution of any such orders.

If Client resides or gives any orders to Trading Member from outside India, Client should ensure that such orders are in compliance with any and all applicable law of the relevant jurisdiction from which Client orders are given, and Client shall, when, in doubt, consult or obtain legal and professional advice in or of the relevant jurisdiction. Client accepts that there may be taxes, duties, impositions or charges payable to relevant authorities in respect of Client residing or the giving of any order from outside India and the execution of such order, and Client has to pay such taxes, duties, impositions or charges as are applicable. Client shall to indemnify Trading member on demand for any claims, demands, actions, costs and expenses Trading Member may suffer or incur in connection with or arising from Client residing or giving of any such order from outside India.

Trading Member shall have an absolute discretion to accept or reject any orders or the execution of any orders until (as the case may be) there is a sufficient cleared fund in the Account; or there are sufficient securities in the Account, for settlement of the relevant Transaction.

The Client will deposit with the Trading Member such cash, securities or other acceptable security, which the Trading Member may require as margin. The Trading Member shall be entitled to require the Client to deposit with the Trading Member a higher margin than that prescribed by the Exchange. The Trading Member shall also be entitled to require the Client to keep permanently with the Trading Member a margin of a value specified by the Trading Member so long as the Client desires to avail of the Trading Member’s INTERNET Service.

When the Client places a request to cancel an order, the cancellation of that order is not guaranteed. The order will only be cancelled if the Client’s request for cancellation is received and the order is successfully cancelled before it is executed. The Client shall not be entitled to presume an order as having been executed or canceled until a confirmation from the Trading Member is received by the Client.

The Exchange may annul a trade suo-moto without giving a reason thereof. In the event of such annulment, the Trading Member shall be entitled to cancel the relative contract(s) with the Client.

The Client will pay the Trading Member 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 the Trading Member.

Online confirmation will be available to the Client upon execution or cancellation of an order placed by him through the Trading Member’s INTERNET System. This shall be followed by a confirmation, which may be sent by postal mail, electronic mail or other electronic means. It is the responsibility of the Client to review upon first receipt, whether delivered to him online, by postal mail, by electronic mail, or other electronic means, all confirmations of transactions or cancellations.

The Trading 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.

The Trading Member’s employees are not authorized to give any such advice and that the Client will not solicit or rely upon any such advice from the Trading Member or any of its employees.

In the event of the Trading Member or any employee or official of the Trading Member 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 the Trading Member shall not be liable or responsible for the same.

The Client assumes full responsibility with respect to his investment decisions and transactions. The Trading Member, its officers, directors, partners, employees, agents and affiliates will have no liability with respect to any investment decisions or transactions of the Client.

The trading member or its affiliates may make markets or specialise in, have positions in and effect transactions in securities of companies available for trading and may also perform or seek to perform investment banking services for those companies. The trading member or its affiliates or their employees have or may have a long or short position or holding in the securities, options on securities or other related investments of issuers and companies.

Information provided and statements made in the Client’s INTERNET Account Application should be true and correct and should not be misleading (whether by reason of omission to state a material fact or otherwise).

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 Trading Member’s INTERNET Service may at any time be unavailable without further notice. The Trading Member and the Exchange do not make any representation or warranty that the Trading Member’s INTERNET Service will be available to the Client at all times without any interruption. The Client shall not have any claim against the Exchange or the Trading Member on account of any suspension, interruption, non-availability or malfunctioning of the Trading Member’s INTERNET System or Service or the Exchange’s service or systems for any reason whatsoever.

The Client has the required legal capacity to, and is authorised to, enter into this Agreement and is capable of performing his obligations and undertakings hereunder.

The Client shall abide by the Exchange Provisions and the terms of the Trading Member’s INTERNET website in force from time to time. Any instructions given by an authorised representative of the Client to the Trading Member (or to the Trading Member’s representative) shall be binding on the Client.

The client is aware that there are also other risks involved with Internet trading such as in the unauthorised access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including Client personal data.

The systems used by the Trading member for providing Internet trading 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 sums as may be required to meet his liability under the trade

The Exchange asserts a proprietary interest in all of the market data it furnishes, directly or through the Trading Member or otherwise. 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 the Trading Member nor the Exchange shall be liable in any way for incorrect, misleading, incomplete 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.

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.

The Trading Member and/or its agents will not be liable for losses caused directly or indirectly by government restriction, Exchange or market rulings, suspension of trading, computer, communication, telephone or system failure, war, earthquakes, flood, accident, power failure, equipment or software malfunction, strikes or any other conditions beyond the Trading Member's control.

The Client shall not use the guest e-mail facility to send the Trading Member time-sensitive instructions or to give personal credit information or an address change. The Trading Member shall not be liable for any actions taken or any omissions to act as a result of any such e-mail message the Client sends to the Trading Member.

The Trading Member may discontinue his INTERNET Service in part or in its entirety and change the terms of the Service (including the terms on the Trading Member’s INTERNET Website) at any time and from time to time, without prior notice.

The Client may at any time terminate the agreement of Internet trading services by giving not less than seven days notice to the Trading Member, provided that unless the Trading Member otherwise permits, the Client shall not be entitled to terminate this Agreement so long as any amount is payable or securities are deliverable by the Client to the Trading Member.

The Client should be aware of the provisions of Bye-Laws, Rules and regulations of the Exchange relating to resolution of disputes/differences through the mechanism of arbitration provided by the Exchange and shall be abide by the said provisions. All trades, transactions and contracts are subject to the Bye-Laws, Rules and Regulations of the Exchange and shall be deemed to be and shall take effect as wholly made, entered into and to be performed in the city of Mumbai and the parties to such trade shall be deemed to have submitted to the jurisdiction of the Courts in Mumbai for the purpose of giving effect to the provisions of the Rules and Regulations of the Exchange.