This document contains some important information regarding the terms and conditions which apply to your account with Master Capital Services Ltd. Member of the National Stock Exchange of India ltd.(NSE) & BSE Ltd.(BSE) & Metropolitan Stock Exchange of India ltd.(MSEI) in Equity, Equity Derivatives & Currency Derivatives Segment & Member of Commodities Derivatives Segments of NSE, BSE, Multi-Commodity Exchange of India Ltd (MCX) and National Commodity & Derivative Exchange Ltd (NCDEX) & Indian Commodity Exchange Ltd.(ICEX) registered with the Securities & Exchange Board of India (“SEBI”) as a stock broker with SEBI Registration No. INZ000210539 and Master Portfolio Services Ltd, Registered Portfolio Manager, SEBI Regn. No : INP000001637 and Master Trust Limited. Your access to and use of your account is subject to your compliance with all the terms and conditions set forth herein in addition to the terms as per Rights & Obligations of Stock Broker, Sub-broker & Clients, Rights & Obligations of Depository Participant & Beneficiary Owner, Risk Disclosure Document, Policy & Procedure, Contract between Member Broker & Client and other documents executed by the client from time to time and rules, regulations & byelaws of the exchange/SEBI. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference.
The website is owned, operated and maintained by Master Trust Limited, Master Capital Services Limited and Master Portfolio Services Limited and have been collectively referred to hereinafter as “mastertrust”, companies duly incorporated under the Companies Act,1956 Please note that the information contained herein is subject to change without notice I. Registration for use of the Facilities and Services
(b) Only persons who enter into an agreement &/or execute other documents for opening of the account with the “mastertrust” and who have been provided with a unique Trading Password for online trading and unique Client Code for offline trading by the “mastertrust” in the manner as indicated on the Web-Site for online trading and give exact code for offline trading respectfully shall be entitled to avail the Services provided by the “mastertrust”.
II. Facilities and Web Content
(b) All materials published on the Web-Site, including, without limitation, information, text, photographs, images, graphics, software, audio, and video and/or other visual reproductions (hereinafter referred to as the “Content”) are intended solely for personal, non-commercial use. All rights pertaining to the Content or any part thereof shall vest only in the relevant owners of the same and no other person may modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part. (d) To the extent that any part of the Content may be downloaded or copied, the same may be done only for personal non-commercial purpose(s) and use(s), and provided that all copyright and other notices contained in such Content are faithfully maintained and the Content shall not be stored in any media other than in the Visitor's personal computer. In the event any software is downloaded from the Web-Site, such software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software, are licensed to the Visitor by for personal, non-commercial use and viewing only. The software may not be redistributed, sold, decompiled, reverse engineered or otherwise reduced to a human perceivable form. “mastertrust”. retains full and complete title and rights to all intellectual property in Web Site.
(e) “mastertrust”. shall not be liable for truth, accuracy or completeness of the information or for any errors, mistakes or omissions therein or for any delays or interruptions of such information for whatever cause. It is expressly understood and agreed to by the Visitor that except as specifically provided herein, all warranties, express or implied, including any implied warranties or merchantability and/or fitness for a particular purpose, are hereby excluded. III. Third Party Providers/Links The Web Site may contain links to other web sites on the World Wide Web. “mastertrust”. is not responsible for their resources or their content or the availability thereof. IV. Submissions (a) The Visitor shall remain solely responsible for all submissions on and to the Web Site. “mastertrust”. is not responsible for the content or message of any submissions. The “mastertrust” does not guarantee, and makes no formal representation or warranty as to, the accuracy, veracity or completeness of any information provided by others in any portion or page of the Web-Site, nor does “mastertrust” necessarily endorse, support, sanction, encourage, verify, agree with, or reject, diminish or disagree with, the comments, opinions or statements posted by others on the Web-Site. (b) While “mastertrust” does not and cannot review every message posted or item submitted to/on the Web-Site, “mastertrust”. reserves the right, in its sole discretion, but assumes no duty, to delete, move, or edit submissions that it deems false, inappropriate, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and the Visitor expressly acknowledges and accepts that its submissions may be edited, removed, modified, published, re-published, transmitted and displayed by in its sole discretion.
(c) The Web Site and its Facilities including the discussion groups and chat rooms shall be used only in a non-commercial manner. No part of the Web Site, discussion groups and/or chat rooms shall be used to solicit Visitors to become users of commercial online information services or for any other commercial services. The Visitor shall not disrupt or interfere with any aspect or element of the Web Site nor shall the Visitor do anything, which, in the sole judgment of, will restrict or inhibit any other Visitor from using and enjoying the Web Site and/or any of its Facilities. The Visitor shall not, without the express written approval of, post or otherwise distribute any material containing any solicitation of funds, advertising or solicitation for goods or services. The Visitor shall not copy third party articles into the chat rooms or discussion groups available on the Web Site. No Visitor shall tout or hype a stock or company, or post the same note on multiple occasions in a single day (a practice known as 'spamming'). The Visitor shall not upload to, or otherwise submit or publish through, the Web-Site any content or material which is libelous, defamatory, obscene, pornographic, abusive, or hateful, or which invades anyone's privacy, encourages conduct that would constitute a criminal offense, or otherwise violates any third party rights or local, state, federal or international law or regulation. (d) Those Visitors with formal connections or affiliations to or with a company being discussed in any forum, including among other things any and all positions of employment, directorships, consultancies and/or substantial share holdings, must identify themselves as such, and disclose such connection or affiliation, within their first post in that topic, company focus, or subject matter.
(e) The author or creator of any and all submissions in print or other forms or other uploads to the discussion groups and/or chat rooms, transfers and assigns to , by virtue of submission to the Web-Site and this agreement, the entire copyright, throughout the universe, in any and all media and forms of publication, reproduction, transmission, distribution, performance, or display,
The provisions of this agreement shall always be subject to government notifications, and rules, regulations & guidelines issued by SEBI & stock exchange rules, regulations & bye-laws that may be in force from time to time & the securities contract regulation Act, the Rules there under and any other applicable statutory provisions and/or regulations.
Now in existence or hereafter developed, in such work or other original materials; without separate, retained or reversionary rights being held by such author, creator or other person submitting such work. “mastertrust” may exercise the rights granted herein in such form as it may in its sole discretion determine; such that the submitted material may be published, reproduced, reprinted, distributed, performed, displayed, included in anthologies and compilations, and/or otherwise transmitted (including but not limited to electronic and optical versions and in any other media now in existence or hereafter developed) in whole or in part, whether or not combined with the work of others. In addition, “mastertrust” may use the name and electronic address of the author, creator and/or other person submitting the work in publishing, promoting, advertising, and publicizing their publications and information products and services, and in any merchandising.
V. Warranties of Constituent
(b) The Constituent confirms that it/he/she is of legal age and he/she/it has obtained the necessary approvals from the relevant regulatory/ legal and compliance authorities to access the services provided pursuant to these Terms.
VI. mastertrust's Liability (a) Under no circumstances, including but not limited to negligence, shall the “mastertrust” or anyone involved in creating, producing, delivering or managing the Services be liable for any direct, indirect, incidental, special or consequential damages, even if the “mastertrust” or such person has been advised of the possibility of such damages, that result from the use of or inability to use the service, delay in transmission of any communication, in each case for any reason whatsoever (including on account of breakdown in systems) or out of any breach of any warranty or due to any fraud committed by any person whether in the employment of the “mastertrust” or otherwise. (b) The Constituent agrees to fully indemnify and hold harmless the “mastertrust” for any losses arising from the execution of incorrect/ ambiguous or fraudulent instructions that got entered through the system at the Constituent's end.
VII Amendment/ Modification of the Terms The “mastertrust” may at any time amend these Terms, by modifying or rescinding any of the existing provisions or conditions or by adding any new provision or condition, by conspicuously posting notice of such amendment on the web site. The “mastertrust” shall not be required to communicate any modification or rescission to the Constituent either through physical or electronic form, and any notice of amendment or modification is hereby waived by the Constituent. The continued use of the services of the “mastertrust” after such notice will constitute acknowledgement and acceptance of such amendment. These Terms (as amended or modified from time to time) represent the entire agreement between the Constituent and the “mastertrust” concerning the subject matter hereof. The continued use of the Services by the Constituent constitutes the Constituent's acceptance of any and all modifications and amendments of the Terms.
VIII. Severability If any provisions or of these Terms 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 or unenforceable provisions or terms were not contained herein.
IX No Assignment The rights of the Constituent under these Terms are not transferable under any circumstances and shall be used only by the Constituent.
X. Authorised Representative The instructions issued by an authorised representative of the Constituent shall be binding on the Constituent in accordance with the letter authorising the said representative to deal on behalf of the Constituent.
XI. Death or Insolvency In the event of death or insolvency of the Constituent or of its otherwise becoming incapable of receiving and/or paying for or delivering or transferring securities which the Constituent has ordered to be bought or sold, the “mastertrust” may close out the transaction of the Constituent and the Constituent or its legal representative/s or nominee/s shall be liable jointly or severally for any losses, costs and be entitled to any surplus which may result there from. XII. Dispute Resolution
(b) In so far as any other disputes or differences in connection with these Terms or their performance (other than the disputes referred to in Paragraph XII. (a) above) are concerned such disputes shall, so far as it is possible, be settled amicably between the Parties and in the case where after 30 days of consultation, the parties have failed to reach an amicable settlement, such disputes shall be submitted to arbitration and such arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996 (the “Arbitration Act”) by a sole arbitrator. The “mastertrust” and the Constituent expressly consent and agree that the Chairman, shall be the persona designate to appoint the said sole arbitrator. The venue of arbitration shall be Delhi and each party shall bear the cost of arbitration equally unless otherwise awarded by the sole arbitrator.
(c) The “mastertrust” maintains offices at different places within the knowledge of the Constituent and the Constituent shall have all transaction with the principal office, but they may also avail facility at its branches &/or offices of Authorized Persons/Sub-brokers as well. Branch Managers/AP/SB shall also have the power to collect payments or deliver the payments on behalf of the principal to such Constituents after obtaining the instruction in this behalf and may give acknowledgement of such transaction on behalf of the principal/head office. However, all the payments shall only be received in or made from the account of the Principal and not in the name &/or by any person, including employee/AP/SB of the “mastertrust”.
XIII. Foreign Jurisdiction This service does not constitute an offer to sell or a solicitation of an offer to buy any shares, securities or other instruments to any person in any jurisdiction where it is unlawful to make such an offer or solicitation. This service is not intended to be any form of an investment advertisement, investment advice or investment information and has not been registered under any securities law of any foreign jurisdiction and is only for the information of any person in any jurisdiction where it may be lawful to offer such a service. Further, no information on the Web Site is to be construed as a representation with respect to shares, securities or other investments regarding the legality of an investment therein under the respective applicable investment or similar laws or regulations of any person or entity accessing the Web Site. XIV. General
(i) In its sole discretion to alter, limit or discontinue the Website or any Material/s in any respect. “mastertrust” shall have no obligation to take the needs of any user into consideration in connection therewith.
(ii) Deny in its sole discretion any user access to this Website or any portion thereof without notice.
(b) No waiver by of any provision of the Agreement/Contract/other document shall be binding except as set forth in writing signed by its duly authorised representative.
(c) The Constituent agrees to abide by the “mastertrust” Terms and Conditions and rules in force and changes in Terms and Conditions from time to time relating to their account.
(d) The Constituent agrees that the “mastertrust” will be at liberty to close their account any time without assigning any reason whatsoever.
(e) The Constituent agrees that the “mastertrust” can, at its sole discretion, withdraw any of the services/facilities given in their account either wholly or partially at any time without giving them any notice. (f) The Constituent agrees that any change in their account status or change of address will be immediately informed to the “mastertrust”.
(g) The Constituent agrees that all instructions relating to their account will be issued in writing satisfactory to the “mastertrust” in form and content.
(h) The Constituent agrees that they shall not pay &/or deposit in the bank account of “mastertrust” any amount in cash to any Sales Representative, authorized person/sub-broker, employee or associate of the “mastertrust” at the time of opening an account or carrying out any transaction in the normal course of the business.
(i) The Constituent agrees that the “mastertrust”. shall not be liable for any damages, losses (direct or indirect) whatsoever, due to disruption or non availability of any of services/facility/s due to technical fault/error or any failure in telecommunication network or any error in any software or hardware systems . (j) The Constituent agrees that the “mastertrust”. may disclose customer information, in strict confidence, to any of its agent/s and/or contractors with whom the “mastertrust”. enters or has entered into any arrangement in connection with providing of services. XV. Accounts: The Constituent agrees to repay to the “mastertrust” on demand, unconditionally, the amounts of overdrafts or excesses against margin deposit that the “mastertrust” may grant it/he/her from time to time, together with interest accrued thereon. The Constituent agrees that this does not imply that the “mastertrust” is bound to grant them any credit or other facility whatsoever. XVI. Internet: Internet refers to the network of computers / mobile phones / other electronic devices which share and exchange information. The Internet is at once a worldwide broadcasting capability, mechanism for information dissemination, and a medium for collaboration and interaction between individuals and their computers / mobile phones / other electronic devices capable of accessing the Internet without regard for geographic location.
XVII. Customer: Customer refers to any person who has a “mastertrust”. Account and who has been authorised by the “mastertrust” to avail of the said facility.
XVIII. Personal Information Personal Information refers to the information about the Customer obtained in KYC or connection with Electronic Payment Gateway for Net banking or otherwise. |
XIX. Stock Exchanges: Stock Exchanges refers to National Stock Exchange of India Ltd, BSE Limited, Metropolitan Stock Exchange of India Ltd, Multi-commodity Exchange of India Ltd, National commodity & Derivatives Exchange Limited, Indian Commodity Exchange Ltd. and/or any other exchange to which “mastertrust” companies have/will have membership.