Terms and Conditions

Terms and Conditions

This page contains important information regarding the terms and conditions which apply to your trading and demat account with Swastika Investmart Limited, Swastika Commodities Pvt. Ltd. (hereinafter referred to as Swastika)

The Terms & Conditions given below are in favor of Client and we expect that Client will follow the same for better understanding and security. This is the sole responsibility of the Client that he/she should aware all the given circumstances and follow the advice given therein.

Orders

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

The client agrees to provide information relating to customer user identification number, and such other information as may be required while placing orders on the telephone to determine the identity of the client.

The orders and instructions and all contracts and transactions entered into pursuant thereto and the settlement thereof will be in accordance with the Exchange/SEBI Provisions.

The client agrees Swastika may impose scripwise surveillance or such other conditions as to scripwise limits, etc. The client also understands that Swastika may impose various surveillances which may differ from client to client on the basis of the Swastika’s risk perception and other factors considered relevant by Swastika.

Trading, settlement and accounts

The client agrees that all orders placed through the website shall be forwarded by the system to the Exchange. All orders placed otherwise than through the website shall be forwarded by the system to Exchange terminals or any other order execution mechanism at the discretion of Swastika. In the event that the order is placed during the trading hours, it shall be routed to and executed on the market system.

Online confirmation will be sent to the client by electronic mail or SMS after the execution of the order, trade and this shall be deemed to be valid delivery thereof by Swastika. It shall be the responsibility of the client to review immediately upon receipt, whether delivered to him by electronic mail or any other electronic means all confirmations of order, transactions, or cancellations. It shall be the responsibility of the client to follow up with Swastika for all such confirmations that are not received by him within a stipulated time.

The client shall bring any errors in any report, confirmation or contract note of executed trades (including execution prices, scripts or quantities) to Swastika’s notice in writing by an electronic mail, SMS or telephone within twenty four hours of receipt of the concerned report, confirmation or contract note. Any other discrepancy in the confirmation or account shall be notified by the client to Swastika in writing via electronic mail or SMS or telephone within twenty four hours from the time of receipt of the first notice. In all cases, Swastika shall have a right to accept or reject the client’s objection.

Swastika may, at its sole discretion, reject any order placed on the website or in any other manner due to any reason, including but not limited to the non-availability of funds in the trading account of the client, non-availability of securities in the Demat account of the client with a designated depository participant, insufficiency of margin amount if the client opts for margin trading, suspension of scrip- specific trading activities by or on an Exchange and the applicability of circuit breaker to a scrip in which orders are placed.

The client is aware that the electronic trading systems either at the Exchange or in the office of Swastika offices are vulnerable to temporary disruptions, breakdowns or failures. In the event of non- execution of trade orders or trade cancellation due to the happening of such events or vulnerabilities due to failure / disruption / breakdown of system or link or any reason which relates to technical failures, Swastika shall be entitled to cancel relative request/(s) with the Client and shall not be liable to execute the desired transactions of the client’s. In such event, Swastika does not accept responsibility for any losses incurred / that may be incurred by the Client due to such eventualities which are beyond the control of Swastika.

The client agrees to abide with and be bound by all the rules, regulations and bye-laws of the Exchange/SEBI, as are in force pertaining to the transactions on his behalf carried out by Swastika and the orders placed by him on the website or any other manner.

Swastika may allow/disallow client from trading in any security or class of securities, or derivatives contracts and impose such conditions including scrip-wise conditional trading for trading as it may deem fit from time to time.

Position Square Off

Please square off all your open Margin / Intraday positions ( Placed with Margin & Intraday Product) in all segment before 30 minutes of market closing,or otherwise it will be squared off automatically at anytime before 30 minutes of closing of the market. We shall attempt to close the Margin positions that are still open after the above time respectively, but we cannot guarantee complete Square off. In view of the above, we cannot be held responsible for any losses or auction losses arising from the Intraday Margin positions that could not be squared off or squared off by the end of the day.

If you are trading offline also, please instruct your Dealer about 'Margin' or 'Delv' in EQ segment and ‘IntraDay’ or ‘CarryForward’ in Future segment while placing an order offline. All trades placed with 'Margin' or ‘IntraDay’ product will be squared off automatically before 30 min. of market closing in the respective segment.In case of specific instructions not received by the client all orders will be treated in general, as for intraday and placed with margin product and in some cases it will deemed to be the 'Carryforward' as per the discretion of Swastika.

Please Note : Intraday Margin Positions (Margin/Intraday) can be converted to Delivery (Delv - Cash Segment) or (CarryForward - In Derivative Segment) before 30 minutes of market closing.

Note : Trading Desk no. for online clients at INDORE H.O. 0731-6644104-105-107 (For EQ segment) and 141-142 (For Commodity segment).

Please Call at 0731-6644150-151-152-159-160 (EQ) and 145-146 (Commodity) for queries regarding Auto-sq-off, if any.

Margin

The Client agrees and undertakes to immediately deposit with Swastika such cash components, securities or other acceptable security, which Swastika may require as margin. The Client agrees that Swastika shall be entitled to require the Client to deposit with Swastika a higher margin than that prescribed by the Exchange/SEBI. Swastika shall also be entitled to require the Client to keep permanently with Swastika a margin of a value specified by Swastika so long as the Client desires to avail of the Online Trading Service of Swastika.

The Margin will not be interest bearing. Swastika shall have, at its sole discretion, the irrevocable right to set off a part or whole of the Margin i.e., by the way of appropriating of the relevant amount of cash or by sale or transfer of all or some of the Securities which form part of the Margin, against any dues of the Client or of a member of the group of the Client (for the purposes of these Terms, "Group" shall mean all the individuals, group companies, firms, entities and the persons as specified in the schedule to the Member Client Agreement) in the event of the failure of the Client or a member of the Group of the Client to meet any of their respective obligations under these Terms. Swastika may at its sole discretion prescribe the payment of Margin in the form of cash instead of or in addition to margin in form of securities. The Client accepts to comply with the requirement of Swastika with regards to payment of Margin in the form of cash immediately. Without prejudice to the stock broker's other rights (including the right to refer a matter to arbitration), the stock broker shall be entitled to liquidate / close out all or any of the client's positions for non- payment of margins or other amount, outstanding debts, etc., and adjust the proceeds of such liquidation / close out, if any, against the client's liabilities / obligations. Any and all losses and financial charges on account of such liquidation / closing-out shall be charged to and borne by the client. Position may be squared off on T day, if real time MTM loss for the day is equal or more than 80 % of the available fund and real time value of securities (if decreasing)

Margin Trading facility is also provided by SWASTIKA to its clients based upon the perceptions and creditworthiness of the clients. Margin trading facility includes trading with borrowed funds/securities which is allowed by SWASTIKA..

The client agrees to abide by the exposure limits, if any, set by the stock broker or by the Exchange or Clearing Corporation or SEBI from time to time.

Any reference in these terms to sales or transfer of Securities by SWASTIKA shall be deemed to include sale of the Securities which form part of the Margin maintained by the Client with SWASTIKA. In exercise of SWASTIKA's right to sell securities under the Agreement, the Client agrees that the choice of specific securities to be sold shall be solely at the discretion of SWASTIKA.

Representations And Warranties

The Client hereby warrants that he is capable of executing the present agreement and that the terms of the present are not in contravention of any rights of any party with whom such client has any agreements, at any time prior to the execution of this agreement.

He agrees to provide and continue to provide all details about themselves as may be required by SWASTIKA, including but not restricted to PAN Number or Unique Identification Number, and states all details and facts represented to SWASTIKA are true.

The Client warrants that all or any of the securities deposited by him with SWASTIKA in respect of margin requirements or otherwise, are owned by him and the title thereof is clear and free of encumbrances.

The Client/s agree to indemnify and hold SWASTIKA harmless against any loss that may be suffered by it, its customers or a third party or any claim or action that may be initiated by a third party which is in any way the result of improper use of user ID and password by the Client/s.

The Client hereby confirms and warrants that the Client authorises SWASTIKA to take all such steps on the Client’s behalf as may be required for provisions or to complete or settle any transactions entered into through or with SWASTIKA or executed by SWASTIKA on behalf of the Client. However, nothing herein shall oblige SWASTIKA to take such steps.

Fees and brokerage

The Client agrees to pay to SWASTIKA 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 SWASTIKA.

A schedule of brokerage, fees and commissions, applicable service and other taxes and other transaction expenses shall be provided by SWASTIKA to the Client from time to time upon request by the Client.

Investment or any other advice

The Client agrees that none of the services available on the website shall amount to investment advice on the part of SWASTIKA.

The Client agrees that in the event of SWASTIKA or any employee or official of SWASTIKA, 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 SWASTIKA shall not be liable or responsible for the same.

SWASTIKA, and its officers, directors, partners, employees, agents and affiliates will have no liability with respect to any investment decisions or transactions of the client.

Quick Intimation

The Client shall immediately notify the Member in writing, delivered via-e-mail and Registered AD or any other mode electronically, if the Client becomes aware of any loss, theft or unauthorized use of the Client's Security code (s) and account number or any failure by the Client to receive the confirmation of an execution including the contract note for the same; or any receipt by the Client of confirmation of an order and/or execution which the Client did not place; or any inaccurate information in the Client's account balances, securities position, or transaction history. In the case where the Client notifies such loss, theft or unauthorized use of the Client's Security code(s) password and account number to the Member, it shall suspend the use of the account of the Client, however the Client shall be responsible and liable for all transaction that are carried out by using the Client password. When any of the above circumstances occur, neither the Member nor any of its officers, directors, employees, agents or subsidiaries will have any responsibility or liability to the Client or to any other person whose claim may arise through the Client with respect to any circumstance described above.

Inactive Client Account

A client who is not working regularly and has not been trading from last 6 months has to furnish his/her Identity again to trade with the stock broker otherwise the client assets in form of fund/securities would be returned to the client. The reactivation of the account is possible by providing the PAN card and giving the genuine reason of inactivation of the account. If you do not agree to any of the terms mentioned in this agreement, you should exit the site.

USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:

If this website contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Conduct or forward surveys, contests, or chain letters.

Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.