The below mentioned Terms and Conditions (the 'Terms and Conditions') are required to be followed and accepted as conditions precedent to becoming a client of the Stock Broker, whether offline or online, and use the services and facilities available through the Stock Broker's website at www.dynamiccares.com.

I. PRELIMINARY

I.i Membership of the Website

(a) Dynamic Equities Private Limited ('the Stock Broker') is registered with the Securities and Exchange Board of India (hereinafter referred to as the "SEBI") as a trading member of the National Stock Exchange (having SEBI Registration No. for Capital Market - INB231071839; for Derivative Market - INF231071839) and The Stock Exchange, Mumbai (BSE) (having SEBI Registration No. for Capital Market - INB 0111071835; for Derivative Market - INF 011071835) thereby being entitled to do purchasing and sale, transactions of securities (referred hereafter as the "Securities Dealings") offline and online admitted to the Exchange(s) (referred hereafter as the "Admitted Securities"), for and on behalf of third parties.

(b) The website is owned, operated and maintained by the Stock Broker Dynamic Equities Private Limited (DEPL, or the 'Stock Broker').

I.ii Use of the Facilities and Services

(a) Anyone visiting the website can access and use the offered facilities by creating his unique Client ID and Password by following the prescribed procedure. "Facilities" shall mean and include any information, materials, documents, chat-room facilities, downloads (software or otherwise), data, stock market quotation ticker tape facilities, and all other information and utilities contained or accessible on or through the Web Site as may be provided on the Web Site from time to time, [other than, of course, any information directly required in relation to the Services].

(b) Only those who have entered into an agreement with the Stock Broker and who have been given with the unique Trading password for online trading, and unique Client Code for offline trading (hereafter referred to as Client) by the Stock Broker, shall be entitled to use and avail the Stock Broker offered facilities and services. "Services" provided by the Stock Broker shall mean the purchase and/or sale of the Admitted Securities upon receipt of orders, either electronically via the Website or orally via telephone (as agreed upon in the Stock Broker-Client Agreement) or written, from the Client to purchase and/or sell the same, and shall include such other services and facilities that may be offered from time to time by the Stock Broker, in its position as a SEBI registered broker and NSE/BSE trading Stock Broker.

(c) The Terms and Conditions shall be deemed to form part of the:

1. Agreement between Stock Broker and Client For National Stock Exchange of India Ltd.
2. Agreement between Stock Broker and Client For The Stock Exchange, Mumbai
3. Tripartite Agreement between Stock Broker, Sub-Broker and Client (Applicable for Capital Market Segment) For National Stock Exchange of India Ltd.
4. Tripartite Agreement between Stock Broker, Sub-Broker and Client (Applicable for Cash Segment), The Stock Exchange, Mumbai

and shall be deemed to be incorporated therein to the same extent as if these provisions had been set forth in full therein. The Client's entitlement to avail the Services or any part thereof shall be subject to compliance with all the Terms and Conditions set forth herein.

(d) The word I/WE, ME/US, MY/OUR refers to person(s) who open the account(s) and shall mean and include both singular and plural. The Stock Broker refers to Dynamic Equities Private Limited.

II. ADDITIONAL CONDITIONS PERTAINING TO ELECTRONIC ORDERS

II.i Dematerialised Securities Trading List

The Stock Broker shall notify the securities for which this facility is made available from time to time at its own discretion and no separate intimation, whatsoever, will be sent to the Client.

II.ii Trading Password of the Client

The Client shall immediately notify the Stock Broker in writing, via e-mail, Speed Post or Registered AD, if the Client becomes aware of any loss, theft or unauthorised use of the Client's Trading Password and account number; or any failure by the Client to receive an accurate written 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 positions, or transaction history. In the case where the Client notifies such loss, theft or unauthorized use of the Client's Trading Password to the Stock Broker, the Stock Broker shall suspend the use of the account of the Client. However, the Client shall be responsible and liable for all transactions that are carried out by the use of the Client Trading Password. When any of the above circumstances occur, neither the Stock Broker nor any of its officers, directors, employees, agents, affiliates 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 of the circumstances described above.

II.iii Digital Signatures and Secure Electronic Records

In the event that the certifying authorities and other infrastructure contemplated under the Information Technology Act, 2000, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, the Stock Broker would have the right to require the Client to authorize the various transactions on the web site by means of such secure electronic records and secure digital signatures and discontinue the usage of the Client's Trading Password.

II.iv Usage of Client's Trading Password

The Client confirms and agrees that it will be the sole authorised user of the Trading Password /s to be given to it by the Stock Broker. The Client accepts sole responsibility for use, confidentiality and protection of the Trading Password /s as well as for all orders and information changes entered into the Client's account using such Trading Password. The Client shall ensure that the Trading Password /s is/are not revealed to any third party or recorded in any written or electronic form. If the Client forgets the Trading Password, a request for change of the Trading Password should be sent to the Stock Broker in writing. On receipt of such a request the Stock Broker shall discontinue the use of the old Trading Password and shall generate a new Trading Password for the Client, which shall be communicated to the Client. However, the Client shall be responsible and liable for all transactions that are carried out by the use of the old Trading Password. Neither the Stock Broker nor any of its officers, directors, employees, agents, affiliates 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 of the circumstances described above.

II.v Form of Trading Password

The Client shall use a Trading Password of 6-14 characters in length, which can be a combination of letters and numbers. Ideally, the password should be something that cannot be easily guessed, and should not be put down in writing thus rendering it vulnerable to theft, etc.

II.vi Recording of Trading Password

Recording of the Trading Password in any form, thus rendering it vulnerable to unauthorised use, would be done at the sole and complete responsibility of the Client, and he shall be solely and completely responsible for any such consequent unauthorised use.

II.vii Responsibility for Use of the Trading Password

Any order entered using the Trading Password is deemed to be that of the Client. If third parties gain access to the Stock Broker's services through the use of the Trading Password, the Client will be deemed to be responsible for the same and hereby indemnifies and holds blameless the Stock Broker against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use, since the primary responsibility for such transaction shall be that of the Client.

II.viii Equipment for communicating at the client side

It is the responsibility of the Client to install communications equipment, like fax, modems, compuers, telephones, etc, at the Client's end for accessing web related services provided by the Stock Broker. The full cost of such communication would be borne by the Client only.

II.ix Client's Infrastructure

For the purposes of these Terms and Conditions, it is presumed that the Client has the entire necessary and compatible infrastructure ready at its end for the purpose of accessing the web site of the Stock Broker prior to accessing the services provided pursuant to these Terms and Conditions. The Stock Broker is neither responsible, nor obliged, to provide equipment or arrange for its installation at the Client's side.

II.x Prevention of Unauthorized Use

The Client will ensure at his end that unauthorised use of his system(s) is prevented. The Client is solely and fully responsible for all use from and through the Client's system.

III. ADDITIONAL CONDITIONS FOR ORDERS

(a) The Client agrees and hereby authorizes the Stock Broker at its sole discretion and without any prior notice to the Client, to record any conversation between the Client and the Stock Broker. Such recording shall be deemed to be and is hereby accepted by the Client as conclusive and binding on the Client for all purposes and further the Client shall not challenge the accuracy, truth, or correctness of the said records in any manner and for any purpose whatsoever.

(b) The Client hereby agrees that the Stock Broker shall not be liable for any losses, damage or claim on account of transactions effected by the Stock Broker on behalf of the Client arising from any incorrect or erroneous transfer or collection of the order instructions from the Client.

IV. DIGITALLY SIGNED DOCUMENTS

With the regulatory authorities allowing the usage of digitally signed contract notes and Bills, the Client specifically authorizes the Trading Stock Broker to make available these digitally signed documents on its website and also authorizes the Trading Stock Broker to send these documents by e-mail in future. The Client further confirms that he/she/it does not need any physical contract notes as the Trading Stock Broker is already making these documents available in a digitally signed format on its website and in future shall be sending these documents to him-her/it/by e-mail also. The following clauses shall govern the use of digitally signed documents sent by the Stock Broker M/s Dynamic.

(2) Digitally Signed Contract Notes and Other Documents provided on and through Website-

(a) The term 'Website' here means any Internet website or Website where the Client can view these documents after login id and password to log in to the said website for viewing these documents after login as specified by the Stock Broker from time to time.

(b) The Client shall be provided with a login id and password to log in to the said website for viewing these documents.

(c) It shall be duty of the Client to keep his/her/its password secret and not to make it available to any other person to prevent misuse of information present in the documents.

(d) Upon login the Client shall be able to view these documents after verifying them online using a "verify" button on the Website. A "Verifier Software" utility residing at the server end of the Website would carry out this verification.

(e) Due to capacity constraints, it would not be possible to keep such documents ad-infinitum on the server. In such a case, the documents older than three months would be removed and shall be made available to the clients upon request.

V. TERMINATION OF AGREEMENT

(a) The Stock Broker-Client Agreement and access to the use of the website, the Services, the Facilities and the Content may upon notice of one month be terminated by mutual consent of the Client and the Stock Broker.

(b) The termination of the Stock Broker-Client Agreement and access to the use of the Web-Site, the Services, the Facilities and the Content will not affect the rights and/or obligations of either the Stock Broker or the Client incurred prior to the date of such termination and the parties shall enjoy the same rights and shall have the same obligations in respect of such transactions.

VI. SUO-MOTO TRADE CANCELLATION BY EXCHANGES

The Stock Exchanges (BSE and NSE) may cancel a trade suo-moto without giving any reason thereof. In the event of such cancellation, Dynamic shall not be entitled to cancel relative contract(s) with the Client. In such a case, Dynamic shall not be held responsible for any real or notional loss as sustained by the Client due to such suo-moto cancellation by the Exchange(s).

VII. MISCELLANEOUS INFORMATION

VII.i Facilities and Web Content on the Stock Broker's Website

(a) The Client acknowledges and agrees that each participating stock exchange or association or agency asserts a proprietary interest in all of the market data it furnishes to parties that disseminate the said data. The Client shall use real-time quotes received on the web site of the Stock Broker only for the Client's individual use and shall not furnish such data to any other person or entity. The Client is authorized to use materials which are made available by the Stock Broker's web site for the Client's own needs only, and the Client is not authorized to resell access to any such materials or to make copies of any such materials for sale or use to and by others. The Client shall not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials from the Stock Broker's web site.

(b) All materials published on the website, 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.

(c) All Content is owned or controlled by the Stock Broker or the party credited as the provider of such Content. The Content, and the entire website, including without limitation all materials published by the Stock Broker and all postings on the Website may be protected by copyright pursuant to Indian copyright laws, international conventions, and other copyright laws. The Stock Broker owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the original component of the Content itself. All persons visiting and/or using any of the Facilities on the Website or viewing any of the Content thereof (hereinafter such person shall be referred to as the "Visitor", which term shall mean and include the Client in relation to any use of the Facilities and Content) shall abide by all copyright notices, conventions, and other copyright laws. The Visitor shall abide by all copyright notices, information or restrictions contained in any Content accessed by or through the website. Reproduction of the Web-Site site, in whole or in part, without the prior written permission of the Stock Broker is strictly prohibited.

(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 website, 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 the Stock Broker 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. The Stock Broker retains full and complete title and rights to all intellectual property in Web Site.

(e) The Stock Broker 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.

VII.ii Links to related websites

The Web Site contains links to other web sites on the World Wide Web for convenience and for providing further information. The Stock Broker is no way responsible for their resources or their content or the availability thereof.

VII.iii Submissions to the Stock Broker's Website

(a) The Visitor shall remain solely responsible for all submissions on and to the website. The Stock Broker is not responsible for the content or message of any submissions. The Stock Broker 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 website, nor does the Stock Broker necessarily endorse, support, sanction, encourage, verify, agree with, or reject, diminish or disagree with, the comments, opinions or statements posted by others on the website.

(b) While the Stock Broker does not and cannot review every message posted or item submitted to/on the website, the Stock Broker 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 the Stock Broker in its sole discretion.

(c) The website and its Facilities including the discussion groups and chat rooms shall be used only in a non-commercial manner. No part of the website, 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 the Stock Broker, will restrict or inhibit any other Visitor from using and enjoying the website and/or any of its Facilities. The Visitor shall not, without the express written approval of the Stock Broker, 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 website. 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 Website 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 the Stock Broker, by virtue of submission to the Website and this agreement, the entire copyright, throughout the universe, in any and all media and forms of publication, reproduction, transmission, distribution, performance, or display, 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. The Stock Broker may exercise the rights granted herein in such from 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, The Stock Broker 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.

VII.iv Warranties provided by Client

The Client hereby confirms and warrants that the Stock Broker has put the Client on notice that the Stock Broker is engaged in not only Client based trading but also in Pro-account trading.
VII.v Guarantee of indemnity provided by Client to the Stock Broker

(a) The Client further agrees that he/she/it will not be compensated by the Stock Broker for any "lost opportunity' viz. notional profits on buy/sell orders which could not be executed, or real loss from delay in executed orders due to any reason whatsoever, including but not limited to time lag in the execution of the order or the speed at which the system of the Stock Broker or of the Exchanges is operating or the delay in stock quotes or any shutting down by the Stock Broker of his system for any reason or the Stock Broker disabling the Client from trading on his system for any reason whatsoever.

VII.vi Stock Broker's Liability

(a) Under no circumstances, including but not limited to negligence, shall the Stock Broker 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 Stock Broker 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 Stock Broker or otherwise.

VII.vii Limitation of liability

The Stock Broker does not guarantee, and shall not be deemed to have guaranteed, the timeliness, sequence, accuracy, completeness, reliability or content of market information, or messages disseminated to the Client. The Stock Broker shall not be liable for any inaccuracy, error or delay in, or omission of, (1) any such data, information or message, or (2) the transmission or delivery of any such data, information or message; or any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) nonperformance, or (iii) interruption in any such data, information or message, due either to any act or omission by the Stock Broker or to any "force majeure" event (e.g., flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, shut down of 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 Stock Broker or otherwise or any other cause beyond the reasonable control of the Stock Broker.

VII.viii Interruption in service due to system breakdown, etc

The Stock Broker does not warrant that the service will be uninterrupted or error free. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.

VII.ix Non-transferability of Client Rights

The rights of the Client under these Terms and Conditions are not transferable under any circumstances and shall be used only by the Client.

VII.x Arbitrations/Settlement of Disputes

(a) The Stock Broker and the Client are aware of the provisions of the bye laws, rules and regulations of the NSE/BSE relating to the resolution of the disputes/differences through the mechanism of arbitration provided by the Exchanges and agree to abide by the said provisions insofar as any disputes under these Terms and Conditions relate to transactions that are to be carried out on the exchanges.

(b) In so far as any other disputes or differences in connection with these Terms and Conditions or their performance (other than the disputes referred to in Paragraph (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 panel consisting of a sole arbitrator. The Stock Broker and the Client expressly consent and agree that the Stock Broker shall be the persona designate to appoint the dais sole arbitrator. The venue of arbitration shall be Kolkata and each party shall bear the cost of arbitration equally unless otherwise awarded by the sole arbitrator.

(c) The Stock Broker maintains offices at different places within the knowledge of the Client and the Client shall have all transaction with the principle office, but they may also avail facility at its branches as well. Branch Managers shall also have the power to recover payments or make the payments on behalf of the principals to such Clients after obtaining the instruction in this behalf and may give acknowledgement of such transaction on behalf of the head office. However all transaction entered at branches shall be treated as transaction being done with the principle office and all information shall remain with the Stock Broker at New Kolkata.

VII.xi 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.

VII.xii General

(a) Notwithstanding anything contained in these Terms and Conditions or in the Stock Broker-Client Agreement, the Stock Broker retains its right to:
(i) In its sole discretion to alter, limit or discontinue the Website or any Materials in any respect. The Stock Broker 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 the Stock Broker of any provision of this Agreement shall be binding except as set forth in writing signed by its duly authorised representative.

VII.xiii Other General Terms and Conditions.

(a) The Client agrees to abide by the Stock Broker's Terms and Conditions and rules in force and changes in Terms and Conditions from time to time relating to their account.

(b) The Client agrees that the Stock Broker will be at liberty to close their account any time without assigning any reason whatsoever.

(c) The Client agrees that the Stock Broker 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.

(d) The Client agrees that any change in their account status will be immediately informed to the Stock Broker.

(e) The Client agrees that all instructions relating to their account will be issued in writing satisfactory to the Stock Broker in form and content.

(f) The Client agrees that they shall not pay any amount in cash to any Sales Representative of the Stock Broker at the time of opening an account or carrying out any transaction in the normal course of the business. The Stock Broker shall not be responsible for any loss on account of cash payment by the Client being contrary to instruction of the Stock Broker.

(g) The Client agrees to accept the format provided by the Stock Broker in order to execute their fax instructions to the Stock Broker.

(h) The Client agrees that the Passwords will be dispatched by courier (or any other mode at the Stock Broker's discretion) at their risk and consequence.

(i) An account may be opened on behalf of a minor by his/her natural guardian or by a guardian appointed by a court of Competent Jurisdiction. The guardian shall represent the minor in all transactions of any description in the above account until the said minor attains majority. Upon the minor attaining majority, the right of the guardian to operate the account shall cease. The guardian agrees to indemnify the Stock Broker against the claim of above minor for any withdrawal/transactions made by him in the minor's account.

(j) The Client agrees that the Stock Broker may disclose customer information, in strict confidence, to any of its agent/s and/or contractors with whom the Stock Broker enters or has entered into any arrangement in connection with providing of services.

VIII. ELECTRONIC PAYMENT GATEWAY

VIII.i Definitions and Interpretations:

"Electronic Payment Gateway for Netbanking Terms and Conditions" shall mean the Terms and Conditions as modified from time to time applicable to Electronic Payment Gateway for Netbanking offered through the Stock Broker in HDFC bank or some other bank a/c and accepted by the customer; "Confidential Information" refers to information obtained by the customer, through the Stock Broker, for the effective availing of Services or Payment Instruction Services" Electronic Payment Gateway for Netbanking services. "Payment Instruction" shall mean an instruction given by a Customer to transfer funds from the Account held by the Customer to the account of the Stock Broker.

VIII.ii Internet

Internet refers to the network of computers / mobile phones / other electronic devices which share and exchange(s) 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.

VIII.iii Electronic Payment Gateway for Netbanking Services

Electronic Payment Gateway for Netbanking Services is the Stock Broker's Service which provides access to account information, the Internet with the help of concerned bank. The terms Electronic Payment Gateway for Netbanking and Electronic Payment Gateway for Netbanking services/facility may be interchangeably used.

VIII.iv Customer

Customer refers to any person who has an account with the Stock Broker and who has been authorised by the Stock Broker to avail of the said facilities.

VIII.v Account

Account refers to the Customer's Savings and/or Current Account to which access is to be obtained through Electronic Payment Gateway for Netbanking.
VIII.vi Personal Information
Personal Information refers to the information about the Customer obtained in connection with Electronic Payment Gateway for Net banking or otherwise.

VIII.vii Application for Electronic Payment Gateway for Netbanking

The Stock Broker may offer Electronic Payment Gateway for Netbanking to selected Customers at its discretion in collaboration with the concerned bank. The Client agrees that in order to be eligible for Electronic Payment Gateway for Netbanking it/he/she would need to be a current Internet user or have access to the Internet and knowledge of how the Internet works and have Net Banking facility with its/his/her bank. The Client accepts that the application for Electronic Payment Gateway for Netbanking does not automatically imply acceptance by the Stock Broker.

VIII.viii Software

The Stock Broker or the concerned bank will advise from time to time the Internet software such as Browsers, which are required for using Electronic Payment Gateway for Netbanking. There will be no obligation on the Stock Broker to support all the versions of this Internet software. The Client agrees that the Client shall be responsible for upgrading their software, hardware and the operating system at their cost from time to time so as to be compatible with that of the Stock Broker. The Stock Broker or the bank shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time and shall be under no obligation to support the software, hardware, operating systems used by the Client and that the same shall be their sole responsibility.

VIII.ix Electronic Payment Gateway for Netbanking Service

(a) The Stock Broker shall endeavor to provide through Electronic Payment Gateway for Netbanking, such services as the Stock Broker may decide from time to time. The Stock Broker reserves the right to decide the type of services which may be offered on each account and may differ from customer to customer. These facilities shall be offered in a phased manner at the discretion of the Stock Broker. The Stock Broker may also make additions / deletions to the services offered through Electronic Payment Gateway for Netbanking at its sole discretion. The availability / non-availability of a particular service shall be advised through e-mail or web page of the Stock Broker or written communication.

(b) In case of Joint accounts and accounts with two or more signatories, the Stock Broker will offer such services as restricted by the Terms and Conditions governing the operation of such accounts.

(c) In case of Minor accounts, the natural guardian undertakes to give all instructions relating to the operation of the account and further undertakes not to reveal the Customer ID and Password to the minor.

(d) The Stock Broker shall take reasonable care to ensure the security of and prevent unauthorized access to the Electronic Payment Gateway for Netbanking service using technology reasonably available to the Stock Broker.

(e) The Client agrees that it/he/her shall not use or permit to use Electronic Payment Gateway for Netbanking or any related service for any illegal or improper purposes.

VIII.x Electronic Payment Gateway for Netbanking Access

(a) The Client understands that the Stock Broker would allot them a Customer-ID and password for their account, which will enable them to have excess to Electronic Payment Gateway for Netbanking to perform Netbanking for bank account. The Client will be required to change the password assigned by the Stock Broker on accessing Electronic Payment Gateway for Netbanking for the first time. As a safety measure the Client should change the password as frequently thereafter as possible. In the absence of any specific request from them for personally collecting the Password, the Password shall be sent to the Client by courier at its/his/her risk to the address notified by them for correspondence, and the Stock Broker shall be not liable or held responsible in any manner whatsoever, if the Password falls in the hands of unauthorized person/s.

(b) In addition to Customer-ID and Password the Stock Broker may, at its discretion, require the Client to adopt such other means of authentication including but not limited to digital certification and / or smart cards. The Client agrees that it/he/she shall not attempt or permit others to attempt accessing the account information stored in the computers of the Stock Broker through any means other than the Electronic Payment Gateway for Netbanking service. The Client is aware that the transaction through Electronic Payment Gateway for Netbanking can be effected by use of their password for their Stock Broker account and passwords for Net Banking for the operation of their bank account for Net Banking. The Client shall not request /demand any evidence of proof for transactions undertaken through the Net and the audit trail of the log-in would be conclusive proof to establish that the transactions are bonafide.

VIII.xi Password

The Client understands and agrees that it/he/she must:

(a) Keep the password totally confidential and not reveal the password to any third party

(b) Choose a password that shall consist of a mix of alphabets, numbers and special characters, which must not relate to any readily accessible personal data such as it/his/her name, address, telephone number, driver license etc. or easily guessable combination of letters and number

(c) Commit the password to memory and not record them in a written or electronic form

(d) Not let any unauthorized person have access to their computer or leave the computer unattended while accessing Electronic Payment Gateway for Netbanking.

(e) In case the Client forgets the password for their Stock Broker account, it/he/she can request for change of the password. Such replacement shall not be construed/deemed as the commencement of a new contract.

VIII.xii Transaction Processing

All the requests for instantaneous transactions will be given effect to instantaneously. In case requests for effecting any transactions are received on weekly offs/holiday/public holidays, with the Stock Broker/NSE & bank, they shall be effected on the immediately succeeding working day on the Terms and Conditions prevailing on that day. The Client shall not hold the Stock Broker or the bank responsible for not processing/effecting any transactions in case the Stock Broker does not receive instruction to this effect even though they have forwarded the same. The Client hereby agrees to abide by the following Terms and Conditions in addition to the Terms and Conditions as applicable to Electronic Payment Gateway for Netbanking:

(a) The Client shall be free to utilize the Payment Instruction Services through Electronic Payment Gateway for Netbanking for transfer of funds for such purpose, as they shall deem fit.

(b) The Client however agrees not to use or permit the use of the Payment Instruction Services or any related services for any illegal or improper purposes.

(c) The Client has the full right and/or authority to access and avail of the services obtained and they shall observe and comply with the applicable laws and regulations in each jurisdiction in applicable territories. They shall not give access to family/relatives/friends or any other person's account through this gateway facility for transfer of funds and if done so then the Client shall be solely responsible for the said transfer of funds. And further undertake if any such claim is made by the third party so effected then they shall be solely responsible and not the Stock Broker in any manner.

(d) The Client shall not involve the Stock Broker as a party to such transaction.

(e) The Client shall provide the Stock Broker with such information and/or assistance as is required by the Stock Broker for the performance of the Services and/or any other obligations of the Stock Broker under this Agreement.

(f) The Client shall not at any time provide to any person, with any details of the accounts held by me/us with the Stock Broker including, the passwords, account number which may be assigned to me/us by the Stock Broker from time to time.

VIII.xiii Risks

The Client hereby acknowledges that it/he/she is availing the Payment Instruction Service at it/his/her own risk. These risks would include but not be limited to the following risks:

(a) Misuse of Password: The Client acknowledges that if any third person obtains access to their password of the Customer, such third person would be able to provide Payment Instructions to the Stock Broker. They shall ensure that the Terms and Conditions applicable to the use of the password as contained in the Electronic Payment Gateway for Net Banking Terms and Conditions are complied with at all times.

(b) Internet Frauds: The Internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect Payment Instructions to the Stock Broker. Whilst the Stock Broker shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions, which could affect Payment Instructions to the Stock Broker The Client shall separately evolve/ evaluate all risks arising out of the same.

(c) Mistakes and Errors: The filling in of applicable data for transfer would require proper, accurate and complete details. For instance, the Client is aware that they would be required to fill in the account number of the Stock Broker to whom the funds are to be transferred. In the event of any inaccuracy in this regard, the funds could be transferred to incorrect accounts and there is no guarantee of recovery thereafter. The Client shall therefore take all care to ensure that there are no mistakes and errors and that the information given by the Client to the Stock Broker in this regard is error free, accurate, proper and complete at all points of time. On the other hand in the event of the Client's Account receiving an incorrect credit by reason of a mistake committed by some other person, the Stock Broker or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the Customer. The Client shall be liable and responsible to the Stock Broker and accede to accept the Stock Broker 's instructions without questions for any unfair or unjust gain obtained as a result of the same.

(d) Limits: The Client is aware that the Stock Broker may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given to it/him/her hereunder. The Client realises and accepts and agrees that the same is to reduce the risks on it/him/her. For instance, the Stock Broker may impose transaction restrictions within particular periods or amount restrictions within a particular period or even each transaction limits. The Client shall be bound by such limits imposed and shall strictly comply with them.

(e) Indemnity: The Client shall indemnify the Stock Broker from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for Netbanking Terms and Conditions and the Terms and Conditions mentioned herein above.

(f) Withdrawal of Facility: The Stock Broker shall be entitled to withdraw this service at any time whatsoever.

IX. AUTHORITY TO THE STOCK BROKER

(a) Electronic Payment Gateway for Netbanking transactions in the Customer's Account(s) are permitted only after authentication of the Customer-ID and Password. The Client agrees that they grant express authority to the Stock Broker or the bank for carrying out transactions performed by them through Electronic Payment Gateway for Netbanking. The Stock Broker shall have no obligation to verify the authenticity of any transaction received from the Client through Electronic Payment Gateway for Netbanking or purporting to have been sent by them via Electronic Payment Gateway for Netbanking other than by means of verification of their Customer-ID and the password.

(b) The display or printed output that is produced by the Client at the time of operation of Electronic Payment Gateway for Netbanking is a record of the operation of the internet access and shall not be construed as the Stock Broker's record of the relative transactions. The Stock Broker's or bank's own record of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless any discrepancy is pointed out within one week from the date of access or from the date of sending the periodical statement, whichever is earlier.

(c) All transactions arising from the use of Electronic Payment Gateway for Netbanking, to operate a joint account, shall be binding on all the joint account holders, jointly and severally.

X. ACCURACY OF INFORMATION PROVIDED BY CLIENT

The Client agrees that it/he/she are responsible for the correctness of information supplied to the Stock Broker through the use of Electronic Payment Gateway for Netbanking or through any other means such as electronic mail or written communication. The Stock Broker accepts no liability for the consequences arising out of erroneous information supplied by them. The Client agrees that if it/he/she notice any error in the account information supplied to it/him/her through Electronic Payment Gateway for Netbanking or by the use of any of the Electronic Payment Gateway for Netbanking services, the Client shall advise the Stock Broker & bank as soon as possible. The Stock Broker will endeavor to correct the error promptly.

XI. LIABILITY

The Client complies with the Terms and Conditions and advises the Stock Broker and the bank in writing under acknowledgment immediately after it/he/she suspects that their Customer-ID or password is known to another person and/or notice an unauthorized transaction in their Electronic Payment Gateway for Netbanking account. The Client agrees that it/he/she shall be liable for some or all loss from unauthorized transactions in the Electronic Payment Gateway for Netbanking accounts if it/he/she has breached the Terms and Conditions or contributed or caused the loss by negligent actions such as the following:

(a) Keeping a written or electronic record of Electronic Payment Gateway for Netbanking password.

(b) Disclosing or failing to take all reasonable steps to prevent disclosure of the Electronic Payment Gateway for Netbanking password to anyone including the Stock Broker staff and/or failing to advise the Stock Broker of such disclosure within reasonable time.

(c) Not advising the Stock Broker and the bank in a reasonable time about unauthorized access to or erroneous transactions in the Electronic Payment Gateway for Netbanking accounts. The Stock Broker shall in no circumstances be held liable to the Customer if Electronic Payment Gateway for Netbanking access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason beyond the control of the Stock Broker. The Stock Broker shall under no circumstances shall be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the Client.

XII. DISCLOSURE OF PERSONAL INFORMATION

The Client agrees that the Stock Broker or its contractors may hold and process the Client's Personal Information on computer or otherwise in connection with Electronic Payment Gateway for Netbanking services as well as for statistical analysis and credit scoring. The Client also agrees that the Stock Broker may disclose, in strict confidence, to other institutions, such Personal Information as may be reasonably necessary for reasons inclusive of, but not limited to, the following

(a) For participation in any telecommunication or electronic clearing network in compliance with a legal directive.

(b) For credit rating by recognized credit scoring agencies.

(c) For fraud prevention purposes.

XIII. THE STOCK BROKER'S LIEN

The Stock Broker shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits held in the Client accounts and stocks whether in single name or joint name(s), group account to the extent of all outstanding dues, whatsoever, arising as a result of the Electronic Payment Gateway for Netbanking service extended to and/or used by them.

XIV. NON-TRANSFERABILITY

The grant of facility of Electronic Payment Gateway for Netbanking to them is not transferable under any circumstance and shall be used only by the Client.

XV. TERMINATION OF ELECTRONIC PAYMENT GATEWAY FOR NETBANKING SERVICE

(a) The Client may request for termination of the Electronic Payment Gateway for Netbanking facility any time by giving a written notice of at least 15 days to the Stock Broker. The Client agrees that they will remain responsible for any transactions made on their Electronic Payment Gateway for Netbanking account(s) through Electronic Payment Gateway for Netbanking prior to the time of such cancellation of the Electronic Payment Gateway for Netbanking Service.

(b) The closure of all their Accounts will automatically terminate the Electronic Payment Gateway for Netbanking service.

(c) The Stock Broker may suspend or terminate Electronic Payment Gateway for Netbanking facilities without prior notice if these Terms and Conditions are breached or even otherwise without assigning any reason.

XVI. NOTICES

The Stock Broker and the Client may give notices under these Terms and Conditions:

(a) Electronically, to the mailbox of either party. Such notices will be regarded as being in writing. In writing, by delivering them by hand, or by sending them by post to the last address given by them and in the case of the Stock Broker to the following address: Gagandeep, 50B Gariahat Road, Kolkata 700019.

(b) In addition, the Stock Broker may also publish notices of general nature, which are applicable to all Customers of Electronic Payment Gateway for Netbanking on its web site. Such notices will have the same effect as a notice served individually to the Client.

XVII. GOVERNING LAW

These Terms and Conditions and/or the operations in the accounts of the Customer maintained by the Stock Broker and/or the use of the services provided through Electronic Payment Gateway for Netbanking shall be governed by the laws of the Republic of India and no other nation. The Customer and the Stock Broker agree to submit to the exclusive Jurisdiction of the Courts located in Kolkata, India, as regards any claims or matters arising under these Terms and Conditions. The Stock Brokers accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Electronic Payment Gateway for Netbanking Service can be accessed through Internet by a Customer in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and Conditions and/or the operations in the Electronic Payment Gateway for Netbanking accounts of the Customer and/or the use of Electronic Payment Gateway for Netbanking.

XVIII. GENERAL

The clause headings in this agreement are only for convenience and do not effect the meaning of the relative clause. The Client shall not assign this agreement to anybody else. The Stock Broker may subcontract and employ agents to carry out any of its obligations under this contract.
This agreement is severable in respect of trades/ orders executed by the Stock Broker at NSE/BSE or any other Stock Exchange. In the event any provision of the agreement is found to be invalid or unenforceable in relation to any of the Stock Exchanges at which the trades/ orders are executed, this agreement shall be severable and the same shall continue to be valid and enforceable in relation to other Stock Exchanges. The agreement is being executed in full sense after understanding the reduced Terms and Conditions herein above.

The parties, namely, the Client and the Stock Broker, have entered into this agreement on the day and year mentioned above as witnesses.