Terms and conditions

This page contains important information regarding the terms and conditions which apply to your trading and demat account with Vivek Financial Focus Limited (hereinafter referred to as Vivek Financial). Vivek Financial, being a Trading Member of NSE and BSE, registered with Securities & Exchange Board of India ("SEBI") and having Registration No. INZ000276333. The Depository services for your account will be enabled through Vivek Financial Focus Limited, a Depository Participant using NSDL as the Depository having SEBI Registration no.: IN-DP-473-2020. For Mutual Fund services, Our AMFI Reg. No.: ARN 1990. Access to your account and the usage of your account is subject to your compliance with all the terms and conditions set forth herein, read along with all documents, including but not limited to; applications forms and undertakings, signed by you during account opening. Please read this page carefully and retain it for future reference.

The website is owned, operated and maintained by Vivek Financial Focus Limited (hereinafter referred to as “Vivek Financial”), a Company incorporated under the Companies Act, 2013 having CIN: U74899DL1995PLCO64632, and having its Registered Office at 105 A&B, Vishwa Sadan, 9, District Centre, Janak Puri, New Delhi – 110058 and Corporate Office at Registered Office at 112, Vishwa Sadan, 9, District Centre, Janak Puri, New Delhi - 110058

Please note that the information contained herein is subject to change without notice.

General terms and conditions

Before availing of online/offline trading services, and/or mutual fund distribution services, and/or any other services as provided by Vivek Financial from time to time, the Client shall complete the registration process as may be prescribed from time to time. The Client shall follow the instruction given in the website/mobile application for registering himself as a client or may complete the registration process offline, as the case be.

The Client agrees that all investment and disinvestment decisions are based on the Client's own evaluation of financial circumstances and investment objectives. This extends to any decisions made by the Client on the basis of any information that may be made available on the web site of Vivek Financial. The Client will not hold nor seek to hold Vivek Financial or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses, cost of damage incurred by the Client consequent upon relying on investment information, research opinions or advice or any other material/information whatsoever on the web site, literature, brochure issued by Vivek Financial or any other agency appointed/authorised by Vivek Financial. The Client should seek independent professional advice regarding the suitability of any investment decisions. The Client also acknowledges that employees of Vivek Financial are not authorized to give any such advice and that the Client will not solicit or rely upon any such advice from Vivek Financial or any of its employees.

Security precaution and password

If registered for Internet Based Trading, Vivek Financial will provide the client with a username and a password which will enable him to avail of the facilities of Online Trading through the Vivek Financial website/mobile application, over the telephone or in any such other manner as may be permitted by Vivek Financial for availing of the services. Vivek Financial may also provide the client with the username and password for accessing its back-office for various reports, etc. All terms regarding the use, reset and modification of such password shall be governed by information on the website.

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

The Client shall immediately inform Vivek Financial 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 online trading services through 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 Vivek Financial’s Online Trading System and unauthorisedly routing orders on behalf of the Client through the System. The Client agrees that he 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 Vivek Financial’s Online Trading System on the Client’s Username in any manner whatsoever.

Without prejudice to the provisions mentioned herein above, the Client shall immediately notify Vivek Financial in writing with full details if: he discovers or suspects unauthorised access through his Username, Password or Account, he notices discrepancies that might be attributable to unauthorised access, he forgets his password or he discovers a security flaw in Vivek Financial’s Online Trading System.

Orders

All orders for purchase, sale or other dealings in securities and other instructions routed through the Vivek Financial’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, 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 Provisions.

Vivek Financial may from time to time impose and vary limits on the orders which the Client can place through Vivek Financial’s online trading System, offline orders through physical in-person visit to office and orders placed through telephone (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 Client is aware and agrees that Vivek Financial may need to vary or reduce the limits or impose new limits urgently on the basis of the Vivek Financial’s risk perception and other factors considered relevant by Vivek Financial, and Vivek Financial may be unable to inform the Client of such variation, reduction or imposition in advance. The Client agrees that Vivek Financial shall not be responsible for such variation, reduction or imposition or the Client’s inability to route any order through Vivek Financial’s Online Trading System, offline orders either by placed during physical in-person visit or orders placed through telephone, on account of any such variation, reduction or imposition of limits. The Client understands and agrees that Vivek Financial 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 Vivek Financial.

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 Vivek Financial’s Online Trading System or through CTCL systems, Vivek Financial shall not be liable for any delay in the execution of any order or for any resultant loss on account of the delay.

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

In case of a market order, the Client agrees that he will 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 Vivek Financial’s Online Trading System.

Online account opening

Online account opening using AADHAAR is currently available only for residents of India opening accounts for an individual (HUFs, corporate bodies, NRIs, etc., not eligible).

When opening an account online using AADHAAR, data will be fetched from the KYC database/Digilocker/KRA and cannot be edited.

Pick up of required documents related to the account opening procedure is subject to availability of our representatives, given at any particular time and location.

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 Vivek Financial. 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 Vivek Financial. 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 Vivek Financial 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 Vivek Financial’s notice in writing by an electronic mail or fax 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 Vivek Financial in writing via electronic mail or fax within twenty four hours from the time of receipt of the first notice. In all cases, Vivek Financial shall have a right to accept or reject the client’s objection.

There may be a delay in Vivek Financial receiving the reports of transaction, status, from the respective exchanges or other persons in respect of or in connection with which Vivek Financial has entered into contracts or transactions on behalf of the clients. Accordingly Vivek Financial may forward to the client late reports in respect of such transactions that were previously unreported to him as been expired, cancelled or executed. The client shall not hold Vivek Financial responsible for any losses suffered by the client on account of any late reports, statements or any errors in the report / statements computed by or received from any exchange.

The client agrees that if, for any circumstance or for any reason, the markets close before the acceptance of the Order by the Exchange, the order may be rejected. The client agrees further, that Vivek Financial may reject Orders if the same are rejected by the Exchange for any reason. In case of rejection of an order due to rejection by the Exchange, the client agrees that the order shall remain declined and shall not be re-processed, in any event.

Vivek Financial 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 agrees that, if the order is not accepted on the website for any reason, Vivek Financial shall have the right to treat the order as having lapsed.

The client is aware that the electronic trading systems either at the Exchange or in the office of Vivek Financial 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, Vivek Financial 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, Vivek Financial 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 Vivek Financial.

Vivek Financial may at its sole discretion permit execution of orders in respect of securities, irrespective of the amount in the balance of the account of the client.

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

Vivek Financial shall not be responsible for any order, that is made by the Client by mistake and every order that is entered by the Client through the use of the allotted user name and the security code(s) shall be deemed to be a valid order for which the Client shall be fully responsible.

Cancellation or modification of an order pursuant to the client’s request in that behalf is not guaranteed. The order will be cancelled or modified only if the client’s request for cancellation and modification is received and the order is successfully cancelled or modified before it is executed. Market orders are subject to immediate execution wherever possible.

The client shall not be entitled to presume an order having been executed, cancelled or modified until a confirmation from Vivek Financial is received by the client. However, due to technical other factors the confirmation may not be immediately transmitted to or received by the client and such a delay shall not entitle the client to presume that the order has not been executed cancelled or modified unless and until Vivek Financial has so confirmed in writing.

The pending orders shall be governed as per the exchange systems, after the market is closed for the day.

Vivek Financial shall issue contract notes in terms of the SEBI (Brokers and Sub-Brokers) Rules and Regulations, 1992, within 24 hours of the execution of the trade. Such a contract note, if issued in physical form shall be dispatched by Vivek Financial by courier, at the address mentioned in this agreement or at any other address expressly informed to Vivek Financial by the client. The client agrees that Vivek Financial to issue the contract note in digital form which shall be sent by way of electronic mail to the address provided by the client. Vivek Financial shall not be responsible for the non-receipt of the trade confirmation due to any change in the correspondence address of the Client not intimated to Vivek Financial in writing. Client is aware that it is his responsibility to review the trade confirmations, the contract notes, the bills or statements of account immediately upon their receipt. All such confirmations and statements shall be deemed to have been accepted as correct if the client does not object in writing to any of the contents of such trade confirmation/intimation within 24 hours to Vivek Financial.

Vivek Financial 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.

Margin

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

The client agrees and authorises Vivek Financial to determine the market value of securities placed as margin after applying a haircut that Vivek Financial may deem appropriate. The client undertakes to monitor the market value of such securities on a continuous basis. The client further undertakes to replenish any shortfall in the value of the margin consequents to a fall in the market value of such securities placed as margin immediately whether or not Vivek Financial intimates such shortfall.

Vivek Financial 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 or any other mode in pursuant to the exchange(s) and SEBI rules & regulations prevalent at that time. The Client accepts to comply with the requirement of Vivek Financial 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.

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.

The client is also aware that Vivek Financial is required to deposit sufficient margin with the Exchange to enable all its eligible clients to trade subject to such limits as may be imposed by Vivek Financial on the basis of Vivek Financial’s Risk perception and other factors considered relevant by Vivek Financial. However, there may be circumstances when the deposits made by Vivek Financial with the Exchange may not be sufficient in times of extreme volatility and trading terminals of Vivek Financial may get temporarily suspended because of the cumulative effect of non-meeting of obligation by various clients as per this agreement. In these circumstances, no client shall have the right to claim any damages from Vivek Financial for any loss that they might incur on account of such suspension of trading.

The Client agrees that any securities/cash placed by him/her/it as margin may in turn be placed as margin by Vivek Financial with the Exchanges or banks or such other institution as Vivek Financial may deem fit. The Client authorises Vivek Financial to do all such acts, deeds and things as may be necessary and expedient for placing such securities/cash with the Exchanges/Banks/Institutions as margin.

Any reference in these terms to sales or transfer of Securities by Vivek Financial shall be deemed to include sale of the Securities which form part of the Margin maintained by the Client with Vivek Financial. In exercise of Vivek Financial '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 Vivek Financial.

Maintenance of trading account

Money pay-in to Vivek Financial - The Client agrees that all payments due to Vivek Financial will be made within the specified time and in the event of any delay, Vivek Financial may refuse, at their discretion, to carry out transactions or closeout the position and the costs/losses if any, thereof shall be borne solely and completely by the client. All payments made to Vivek Financial shall be from the account of the client and shall not to be from any third party.

Money payout to Vivek Financial - Notwithstanding anything contained in any other agreement or arrangement, if any, between the parties hereto, the client hereby authorizes Vivek Financial to release all payments due to him from the trading account maintain with Vivek Financial, against specific request in this behalf.

Securities pay-in to Vivek Financial - All delivery to be effected to Vivek Financial for a trade, must be made within 24 hours from the execution of the sale order or one day before the pay-in date, whichever is earlier. Losses, if any, that may accrue in the event of a default in completing the delivery on the exchange by Vivek Financial as a result of any delay in the delivery by the client, shall be borne solely and completely by the client. Losses for the purposes of this clause shall include auction debits/ penalty charges, if any incurred as a result of non-delivery of securities on the settlement date on the exchange. No third party shares will be sold through Vivek Financial or third party payment should be made to Vivek Financial and client will be solely responsible for any violation. If the client has sold any securities from the exchange against purchase in previous settlements, such sale shall be at the sole risk as to costs and consequences thereof of the client.

Securities pay-out by Vivek Financial - Vivek Financial may directly credit the demat account of the client with the depository participant or maintain the securities account with Vivek Financial on a running account basis.

Provided that if the order placed by the client through the website or otherwise is for securities which are in the no-delivery period, such securities shall be credited to the trading account of the client only at the time of settlement of trades, as per the schedule of the Exchange. However, if any sum due from the client, Vivek Financial may withholds the credit of securities to the demat account of the client. However, the client authorizes Vivek Financial to withhold the securities to meet liabilities of client to Vivek Financial under this agreement.

Vivek Financial is entitled to consider any sum or money or security lying to the credit of the client as margin received.

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 Vivek Financial, including but not restricted to PAN Number or Unique Identification Number (issued by SEBI) , and states all details and facts represented to Vivek Financial are true.

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

Vivek Financial states that it has complied with and will continuously comply and if not proposes to comply with all statutory and regulatory directions to offer the Internet Trading services through the website Vivek Financial and for dealing in cash and derivatives segment of the exchange.

The Client warrants that all or any of the securities deposited by him with Vivek Financial 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 Vivek Financial 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 Vivek Financial 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 Vivek Financial or executed by Vivek Financial on behalf of the Client. However, nothing herein shall oblige Vivek Financial to take such steps.

Fees and brokerage

The Client agrees to pay Vivek Financial any brokerage, commission, fees, service tax and other taxes and transaction charges as agreed upon and due from time to time, as applied to such Client's account, transactions, and trading ledger by Vivek Financial, for the services that the Client receives from Vivek Financial.

All fees, brokerage, and charges on Vivek Financial 's platform or through offline transactions are subject to change from time to time, subject to complying with rules prescribed by the Exchanges and SEBI, at Vivek Financial 's discretion, with due notification to 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 Vivek Financial.

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

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

Mutual funds Login

Client may as well use Mutual Fund Login provided on Vivek Financial website/ mobile application at their sole discretion and the Client expressly agrees that Vivek Financial is not liable or responsible and does not represent or warrant for any damages regarding non-execution of orders or any incorrect execution of orders with regard to the funds chosen by the Client due to, but not being limited to, any link/system failure, etc. which may occur at the end of the client, Vivek Financial or the exchange or the mutual fund platform.

Miscellaneous

Vivek Financial does not warrant that the service will be uninterrupted or error-free. The service is provided in 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. The client agrees that Vivek Financial shall not be held responsible for delays in transmission of orders due to breakdown of the system or failure of communication facilities either due to the fault of the systems of Vivek Financial or of the Exchanges or otherwise or for any other delay beyond the reasonable control of Vivek Financial due to a breakdown or failure of communication facilities or for any other delay beyond the reasonable control of Vivek Financial.

All modification to this Agreement shall be made solely at the discretion of Vivek Financial.

Indemnity

In the event of death or insolvency of the client, winding up or liquidation, or their otherwise becoming incapable of receiving and paying for or delivering or transferring securities which the client has ordered to be bought or sold, Vivek Financial may close out the transaction of the client and the client or his legal representative shall be liable for any losses, costs and be entitled to any surplus which may result therefrom.

The client is aware that authentication technologies and strict securities measures are required for internet trading through order routed system and undertake to ensure that the password of the client and /or their authorized representatives are not revealed to any third party. The client also agrees to indemnify Vivek Financial from any loss, injury, claim or any action instituted against Vivek Financial arising from the misuse of the password by any party.

Force majeure

Vivek Financial shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government / regulatory action.

Severance

In the event of any one or more of the provisions contained in this Agreement becoming invalid, illegal or unenforceable in any respect under any law for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.

Refund & cancellation policy

The Refund & Cancellation policy for all payments made towards account opening or any other services using any mode of payment shall stand as under:

• The Fees paid towards account opening charges for enabling equities or any other services is non-refundable. Any payments due post settlement of relevant charges/ dues shall be paid in due course.

• Pick up of required documents related to the account opening procedure is subject to availability of our representatives, given at any particular time and location.

• All payments should be done via A/C payee cheques only in favour of Vivek Financial Focus Ltd. and margin/limits shall be given on realization of the payment.

• In case of payment through RTGS/NEFT, clients should also submit the screenshot from bank’s website/ mobile application clearly indicating the bank details to identify the source of funds and beneficiary account.

Note: The completion of the refund procedure is subject to agencies such as banks, payment gateways.

Investor Redressal Mechanism

Investor Satisfaction being of utmost importance, for which necessary mechanism and systems are in place. Common escalation matrix has been provided in contact us section for ease in approaching and resolution of grievances, if any.

Notice

All notices, correspondences or communications issued under this agreement shall be served in any one or more of the following modes of communications and such notice or communication shall be served at the ordinary place of residence and/or last known web address / residing address and / or at the ordinary business address of the party to this agreement such as -

• By hand

• Delivery by post

• By registered post

• Under certificate of posting

• By email or fax

• By affixing it on the door at the last known business or residential address.

• By oral communication to the party or on the last known telephone number or on the recording machine of such number.

• By advertising in at least one prominent daily newspaper having circulation in the area where the last known business or residential address of the party is situated.

• By notice posted on the notice board of the Exchange if no address is known. Any communication sent by Vivek Financial to the Client shall be deemed to have been properly delivered or served, if such communication is returned on Vivek Financial as unclaimed / refused / undelivered, if the same was sent in any one more of the above modes of communication to the ordinary place of residence and / or last known web address /residing address and / or at the ordinary business address of the party to this agreement.