These terms and conditions (‘T&Cs’) set forth the rights, obligations, relationships of INDmoney Global (IFSC) Private Limited (‘Introducing Broker’), and the Customer. The INDmoney Global is acting in a limited capacity of introducing broker and the Customer hereby agrees to abide by these T&Cs, pursuant to which Customer is been introduced by INDmoney Global to US SEC registered broker – dealer (‘Broker Dealer’).
The Customer acknowledges and understands that the Customer shall be required to open a Brokerage Account for US stocks investment, and Customer agrees to abide by Broker Dealer Customer Account Agreement and such other conditions as may be prescribed by Broker Dealer from time to time. The said Brokerage Account is held with the Broker Dealer.
By opening a Brokerage Account, Customer acknowledge that, Customer has read, understood and agrees to be bound by these T&Cs, INDmoney Platform Terms & Conditions, Broker Dealer Agreement, Disclosures, Privacy Policy, read with all other documents that Customer has consented including but not limited to undertakings, declarations, applicable laws, rules, guidelines, notifications, byelaws (as issued and amended from time to time).
INDmoney Global (IFSC) Private Limited (“INDmoney Global”) is authorised by the International Financial Services Centres Authority (“IFSCA”) to operate as a Global Access Provider (“GAP”) under the applicable Global Access framework. In its operational capacity, INDmoney Global acts as an Introducing Broker pursuant to a fully-disclosed brokerage arrangement with the US-registered broker-dealer that opens, maintains, and services the Customer’s brokerage account, executes trades, and provides clearing, settlement and custody functions. All references to INDmoney Global in these Terms shall be construed in its capacity as an Introducing Broker under such fully-disclosed arrangement
Customer acknowledges that US stocks (Global access transactions) are not Exchange traded funds and all disputes related to US stocks services will not have access to the Rights of investors or investor protection; Dispute resolution mechanism; and Investor grievance redressal mechanism of the recognised stock exchanges in the IFSC.
These T&Cs supersedes any previous agreements you may have made individually with Introducing Broker affiliate company(ies) regarding your Brokerage Account, and if it is held jointly or in other combinations, it supersedes any previous agreements made with Introducing Broker affiliate company(ies) by the same parties regarding their Brokerage Accounts to the extent the subject matter is covered by these T&Cs. Introducing Broker may amend these T&Cs periodically by posting a revised version on its website.
Customer represent and warrant that: (a) Customer is 18 years of age or older; (b) Customer is a resident and citizen of India only; (c) Customer is legally entitled to accept these T&Cs and enter into agreement with Broker Dealer for creation of Brokerage Account; (d) any and all information furnished by Customer during the course of Customer journey to set-up Brokerage Account is / shall be true, correct, updated and accurate; (e) Customer shall keep all of its information up to date; (f) that the Brokerage Account is for Customer’s personal investment purpose only and that Customer understands that Customer shall not be using / permitted to use Brokerage Account for any other purpose including to undertake margin trading, purposes prohibited under applicable laws. (g) Customer unequivocally assures that there are no ongoing criminal or insolvency proceedings against Customer, and Customer have not been classified as a wilful defaulter or prohibited to participate in securities market by any financial institution or the regulatory authority in India or other jurisdiction. (h) Customer is not: an employee of, or affiliated with any national securities exchange or the FINRA, another member firm of a national securities exchange or the FINRA, or a bank, trust company or insurance company, or a director, 10% beneficial shareholder, policy-making officer, or otherwise an affiliate (as that term is defined in Rule 144 under the Securities Act of 1933) of a publicly traded-company, unless Customer has specifically notified Introducing Broker to that effect. Further, Customer assures Introducing Broker that, Customer shall ensure to promptly notify Introducing Broker, in writing, if there is any change of above mentioned representations. Introducing Broker reserves the right to close Customer’s Brokerage Account at any time for any reason whatsoever.
Any instruction or order given for Customer Brokerage Account, including via the Introducing Broker platform, will be treated as being from Customer and fully authorized by Customer. Customer is responsible for the confidentiality and use of, and shall safeguard and shall not permit others to use, Customer's account credentials, such as Customer's username, password or security device. Customer agrees to provide immediate notice to Introducing Broker of any theft or loss of such credentials, or any unauthorized access to Customer's account. Use of Customer's credentials to effect any action will constitute conclusive evidence that Introducing Broker may treat such action as authorized. Customer is responsible for all transactions entered using Customer's credentials. Introducing Broker is not and shall not be held liable for loss or damages caused by any third-party using Customer's credentials.
Customers are solely responsible for knowing the rights and terms for all securities purchased, sold and maintained in Customer’s Brokerage Account including mergers, reorganizations, stock splits, name changes or symbol changes, dividends, etc.. Certain securities – including bonds, convertible securities, warrants, stock rights and securities subject to exchange offers or tenders – may grant Customer valuable rights that may expire unless Customer take specific action, and Customer is solely responsible for knowing all expiration dates, redemption dates, and the circumstances under which rights associated with securities or property may expire or be called, cancelled, or modified.
Introducing Broker in no way represents or warrants that, Introducing Broker shall notify Customer of any upcoming expiration or redemption dates, nor Introducing Broker shall take any action on Customer’s behalf, except as required by law and the rules of regulatory authorities.
Customer is responsible for trading in accordance with any rules or policies applicable to Customer's order (e.g., trading hours, order types, etc.). Introducing Broker does not guarantee execution of every order and it does not guarantee execution at the posted or opted price; market rules, decisions, system failures or other matters may prevent or delay execution of Customer's orders or cause orders not to receive the posted or opted price.
It may not be possible to cancel or modify an order and Customer is responsible for executions notwithstanding a request to cancel or modify an order.
Introducing Broker will not be responsible for any Losses caused due to discontinuing of Brokerage Account or any services, or any liquidation of your property, or closure of Customer Brokerage Account, including any tax liabilities.
Customer agrees to the terms or conditions of any Introducing Broker promotions programs that you participate in, including but not limited to the Customer referral program. Customer understand that any such promotions may have significant limitations on eligibility or rewards.
All Brokerage Accounts will be opened as cash account. No margin trading or pattern day trading shall be permitted.
Introducing Broker uses another Broker Dealer, to execute orders, and therefore, the executing Broker Dealer shall have the benefit of all Introducing Broker rights hereunder.
Customers agree that it is Customer’s responsibility to review order execution confirmations and statements of Customer Brokerage Account promptly upon receipt. These documents will be considered binding on Customer unless Customer notify Introducing Broker of an objection within two days from the date confirmations are sent or within five days after Brokerage Account statements are sent. Such objections have to be communicated in writing. In all cases, Introducing Broker shall raise Customer’s concern to the Broker Dealer, and Broker Dealer reserves the right to determine the validity of Customer’s objection. If Customer objects to a transaction for any reason, Customer understands and agrees that Customer is obligated to take action to limit any losses that may result from such transaction and that Customer will bear sole responsibility for any losses relating to the transaction, even if Customer objection to the transaction is ultimately determined to be valid. Nothing in this clause shall limit Customer’s other responsibilities in this T&Cs or Customer Account Agreement.
Before investing in any mutual fund, Customer agrees to read and understand the terms of its prospectus, and acknowledges that certain mutual funds reserve the right to change or suspend their purchasing or redemption procedures under certain circumstances. Customer accept that trading in mutual funds may be subject to special fees, limitations or restrictions imposed by the fund, Broker Dealer, or both.
Customer understands that Introducing Broker may discontinue Customer’s Brokerage Account or any services related to Brokerage Account immediately by providing written notice to you.
If Introducing Broker discontinues Customer’s Brokerage Account or any services related to your Brokerage Account, Customer agrees that Introducing Broker is authorized to (i) liquidate any holding(s) in your Brokerage Account and send Customer any net proceeds (after satisfying any outstanding obligations), and (ii) close your Brokerage Account. This is without limitation to Introducing Brokerage other rights under this Agreement or otherwise. “outstanding obligations” includes all indebtedness, debit balances, liabilities, or other obligations of any kind of you to Introducing Broker, whether now existing or hereafter arising.
Introducing Broker has entered into an agreement with Broker Dealer who is the clearing agent for securities transactions in your Account and carries your Account. Customer agrees that Broker Dealer and/or its affiliates may provide clearing, execution, and brokerage-related services to you.
Customer agrees to promptly return to Introducing Broker any assets erroneously distributed to Customer. Further, Customer shall be responsible for payments of any and all charges, debits, fees, levies, taxes, and/or any other recovery that is unpaid as per Customer Brokerage Account ledger.
Introducing Broker reserves the right to close your Brokerage Account, without prior notice to Customer, if Brokerage Account has not initiated any trading activity during a consecutive twelve-month period, Introducing Broker may consider Customer’s Brokerage Account as “inactive” and may, at its sole discretion either close your Brokerage Account (without prior notice to Customer) or levy a monthly inactive account fee for continued safekeeping of your Brokerage Account.
The Customer 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 Introducing Broker online trading service may at any time be unavailable without further notice / intimation. Introducing Broker and the Broker Dealer do not make any representation or warranty that the Introducing Broker online trading service will be always available to the Customer without any interruptions. The Customer agrees that Customer shall not have any claims against the Introducing Broker or Broker Dealer on account of any suspension, interruption, unavailability or malfunctioning of the Introducing Broker’s online trading system or service of Introducing Broker or the Broker Dealer's service or systems for any reason whatsoever. Introducing Broker states that it has complied with and will continue comply and if not, proposes to comply with statutory and regulatory directions to offer the internet trading services through the INDmoney app and for dealing in the cash segment.
Online confirmation will be sent to the Customer by electronic mail or SMS after the execution of the order, trade and this shall be deemed to be valid delivery thereof by the Company. It shall be the responsibility of the Customer to review immediately upon receipt, whether delivered to Customer by electronic mail or any other electronic means, all confirmations of order, transactions, or cancellations. It shall be duty and responsibility of the Customer to follow up with the Introducing Broker for all such confirmations that are not received by Customer within a stipulated timeframe.
Introducing Broker is acting as your introducing broker, which transmits orders to Broker Dealer. In this capacity, Broker Dealer will provide execution service. Customer understand that, in connection with purchase and sale transactions in your Brokerage Account, Broker Dealer acts in an agency capacity for all full share components of Customer transaction(s) and in a principal capacity for all fractional share components of Customer transaction.
Customer hereby grant its consent and permit Introducing Broker to share Customer’s KYC and other information with its Group Entities, and/or with Third Party Service Providers offering various products and services (including with Broker Dealer), to enable them to promptly respond to your queries / interests. The collection, processing, storage, and sharing of Customer information is further governed by Introducing Broker’s Privacy Policy. Customer represents that, Customer has read, understood, and agreed to be bound by Introducing Broker’s Privacy Policy.
Customer acknowledge that it is Customer’s responsibility to declare and pay any income, gains, or similar to all applicable tax authorities, make any tax filings, and to pay any and all taxes, duties, or similar (“tax”) when due in all applicable jurisdictions. Customer undertake and warrant to Introducing Broker that Customer will do so and will comply in full with all applicable tax laws and obligations to which you are subject.
The Customer certifies that all information provided in Form W-8BEN (or any equivalent IRS form), including any renewal or updated submission, has been examined by the Customer and is, to the best of the Customer’s knowledge and belief, true, correct, and complete. The Customer acknowledges and agrees that such forms may be executed and submitted electronically, including through OTP-based authentication or other digital confirmation methods enabled through the Platform, and the Customer assumes full responsibility for the accuracy, completeness, and validity of all information provided.
The Customer authorises the Introducing Broker to provide any Form W-8BEN submitted by the Customer to the Broker Dealer, its custodian bank, or any withholding agent that has control, receipt, custody, or disbursement rights over income of which the Customer is the beneficial owner. The Customer agrees to submit a new Form W-8BEN within 30 days of any change that renders a previously submitted form incorrect or incomplete. The Customer understands that the IRS does not require consent to any provision of the Form W-8BEN other than the certifications necessary to establish the Customer’s status as a non-U.S. person and, if applicable, eligibility for treaty benefits.
The Customer understands that dividends and other income from U.S. securities may be subject to withholding tax under applicable U.S. law and the India–U.S. tax treaty, and that such withholding is applied by the Broker Dealer, custodian bank, or other withholding agent. The Customer further acknowledges that the Broker Dealer, custodian, or withholding agent may, at their discretion or pursuant to IRS requirements, decline to accept an electronically authenticated W-8BEN or treat such form as unverifiable for the purposes of granting treaty benefits, which may result in higher or maximum-rate withholding.
All such withholding—including any excess or additional tax arising from incomplete, inaccurate, outdated, or electronically submitted forms; signature-verification limitations; custodian acceptance criteria; operational constraints; or changes in law, IRS rules, or foreign tax requirements—shall be solely to the Customer’s account. The Customer agrees to indemnify and hold harmless the Introducing Broker from and against any tax obligations, claims, penalties, losses, liabilities, or costs arising out of or connected with the Customer’s W-8BEN status, foreign tax rules, or withholding-related requirements. The Introducing Broker shall not be responsible for obtaining or facilitating any refund, credit, reduction, or adjustment of such withholding taxes from the Broker Dealer, custodian, withholding agent, IRS, or any tax authority in India or overseas.
The Customer acknowledges that gains, losses and income from foreign securities—including short-term and long-term capital gains, dividends, interest and any other income may be taxable in India under the Income-tax Act, 1961 and applicable rules. The Customer shall be solely responsible for determining, reporting, and discharging all Indian tax liabilities arising therefrom, irrespective of any withholding applied in the United States or any other jurisdiction.
The Customer is solely responsible for maintaining adequate records, trade statements, contract notes, confirmations and supporting documents for the purposes of computing capital gains, reporting foreign income and assets in India, complying with obligations under applicable laws, and meeting any other tax, disclosure or regulatory requirements applicable to foreign investments. The Introducing Broker shall neither be responsible for maintaining such records on behalf of the Customer nor for providing tax, accounting or compliance advice.
The Customer undertakes that all remittances made using the Global Access services are strictly in accordance with the permitted capital account transactions under the Foreign Exchange Management Act, 1999 (“FEMA”) and the Liberalised Remittance Scheme (“LRS”) of the Reserve Bank of India (“RBI”) and shall not be used for any purpose prohibited under Schedule III of the FEM (Current Account Transactions) Rules, 2000 or otherwise under FEMA.
The Customer confirms that the funds utilised for remittances are self-owned funds of the Customer, are not borrowed funds, are not third-party funds and are not being remitted for or on behalf of any other person.
The Customer is solely responsible for monitoring the aggregate remittances made under LRS (including through other channels and platforms) and ensuring that such remittances do not exceed the applicable annual LRS limit prescribed by the RBI from time to time.
The Customer shall not use the Global Access services for any prohibited purpose including, without limitation, speculative or leveraged transactions, margin trading, derivative contracts not permitted under LRS, crypto or virtual digital asset transactions, gambling, lottery, betting, or for remitting funds for any other resident or non-resident person.
The Customer agrees to comply with all documentation, declaration and due diligence requirements prescribed by the Authorised Dealer (“AD”) Bank, including but not limited to the A2 form, purpose codes, PAN validation, KYC/AML checks, sanctions screening and any additional information sought by the AD Bank or any regulator.
The Customer agrees that any Tax Collected at Source (“TCS”) under the Income-tax Act, 1961, or any analogous provision applicable to outward remittances under the Liberalised Remittance Scheme (“LRS”), shall be solely to the Customer’s account. Any claim of credit, refund or adjustment of such TCS shall be pursued by the Customer directly with the Indian tax authorities, and the Introducing Broker shall have no obligation to assist, advise or intervene in any such claim.
The Customer understands that actions or directions issued by RBI, IFSCA, SEBI, AD Banks, the Broker Dealer, foreign custodians, exchanges, or other regulatory or governmental authorities may require suspension of remittances, blocking of transactions, freezing of assets, or mandatory liquidation of securities without prior notice. The Customer agrees that all consequences, losses, tax implications, or costs arising therefrom shall be solely to the Customer’s account and that the Introducing Broker shall have no liability whatsoever in this regard.
The Customer acknowledges that all INR–USD and USD–INR conversions are carried out by the AD Bank or other banking intermediaries at their then prevailing rates, and that the Introducing Broker does not control the foreign exchange rates, spreads, margins, charges or fees applied by such entities.
The Customer understands that both outward and inward remittances may be subject to deductions by correspondent banks, intermediary banks, payment processors, custodians, clearing corporations or other service providers, and that the net amount credited to or debited from the Customer’s bank account or Brokerage Account may be lower than the gross amount due to such charges, fees, taxes or levies.
The Customer acknowledges that Authorised Dealer (“AD”) Banks may, at their discretion or pursuant to regulatory requirements, place a hold on, decline, reverse, delay, or subject outward or inward remittances to enhanced due diligence, and that such actions are entirely outside the control of the Introducing Broker. The Customer agrees that the Introducing Broker shall not be liable for any consequence, delay, loss, or cost arising from such actions.
The Introducing Broker shall not be liable for any delays, short credits, deductions or additional charges imposed by banks, custodians, intermediaries or regulators in relation to any remittance, whether outward or inward.
Without prejudice to any other risk disclosures contained in the Global Access Terms, the Customer explicitly acknowledges that: (i) all investments in foreign securities are subject to market risk, including the risk of loss of principal; (ii) currency risk may result in gains or losses independent of the performance of the underlying securities; (iii) liquidity constraints, execution delays, wide spreads and price impact may adversely affect the ability to buy or sell securities at desired prices; (iv) foreign markets are subject to their own legal, regulatory, tax and operational risks, which may be materially different from those in India.
The Customer agrees that all trading losses, market losses, foreign exchange losses, settlement losses, income or opportunity losses arising from or in connection with the use of Global Access services shall be borne solely by the Customer, and that the Introducing Broker shall not be liable therefor, except to the limited extent required under applicable law.
The Customer further acknowledges that regulatory actions or directions by Indian, IFSC, US or other foreign regulators, stock exchanges, clearing corporations, depositories, custodians or other authorities may require the Introducing Broker and/or the Broker Dealer to suspend access, block transactions, restrict services, or liquidate securities without prior notice, and that the Customer shall bear all consequences, losses, costs and tax implications arising from any such action.
The Customer acknowledges that the ability to participate in voluntary corporate actions (including tenders, rights offerings, optional dividends, spin-offs, exchange offers, etc.) is entirely dependent on the systems, processes and timelines of the Broker Dealer, its custodians and the relevant market infrastructure institutions.
There may be instances where, due to operational, regulatory, system or timing constraints, the Customer is not able to submit elections or exercise certain rights, and in such cases the default option, if any, as applied by the Broker Dealer or custodian may be implemented.
The Introducing Broker shall not be liable for any loss, foregone benefit or difference in outcome arising from the inability to support, transmit or process corporate action elections or other entitlements for any security.
The Customer acknowledges that the Introducing Broker does not provide investment, legal, accounting, tax or financial advice and does not make any recommendation or suitability assessment in relation to any security, trade or strategy. Any information, tools or content made available are for informational purposes only.
To the maximum extent permitted by law, the Introducing Broker (including its directors, officers, employees and affiliates) shall not be liable for any indirect, consequential, incidental, special, punitive, exemplary or economic loss, or loss of profits, revenues, data or goodwill, arising out of or in connection with the Global Access services, whether based on contract, tort, equity or otherwise.
Nothing in these Terms shall exclude any liability which cannot be excluded under applicable law; however, in no event shall the aggregate liability of the Introducing Broker in respect of any claim arising out of or in connection with Global Access services exceed the fees, if any, actually received by the Introducing Broker from the Customer in relation to such services during the one (1) month immediately preceding the event giving rise to the claim.
The Customer(s) certify and fully understand all the information on any Form W-8BEN that Customer have submitted or will submit to Introducing Boker, has duly been examined by Customer and to the best of Customer’s knowledge and belief all is true, correct, and complete.
Customer authorize Introducing Broker to provide any such Form W-8BEN to Introducing Broker or any withholding agent that has control, receipt, or custody of the income of which Customer are the beneficial owner or any withholding agent that can disburse or make payments of the income of which you are the beneficial owner. Customer agree that Customer will submit a new Form W-8BEN to Introducing Broker / Broker Dealer within 30 days if any certification made on any previously submitted Form W-8BEN becomes incorrect. Customer understand that the IRS does not require Customer consent to any provisions of such Form W-8BEN other than the certifications required to establish Customer status as a non-U.S. Person and, if applicable, obtain a reduced rate of withholding. Customer agrees that, notwithstanding the letter of those Foreign Tax Rules, Customer shall be liable and responsible for compliance therewith, and shall indemnify and hold harmless Introducing Broker from and against any tax obligations or penalties incurred by Customer or Introducing Broker in connection therewith.
Customer is responsible for knowing the terms of any securities, or other products in Customer's Brokerage Account, including but not limited to upcoming corporate actions (e.g., tender offers, reorganizations, stock splits, bankruptcy or class action rights, etc.). Introducing Broker has no obligation to notify Customer of any such or similar terms, corporate actions, expiration dates, deadlines, required actions, or dates of meetings, nor is Introducing Broker obligated to take any action without written Notice from Customer to Introducing Broker.
The customer acknowledges that under the FIFO (First-In, First-Out) methodology, which is the standard method used in India and globally, when you sell shares of the same stock purchased at different times and prices, the oldest shares are deemed to be sold first. For example, if you buy shares in multiple tranches and then sell a portion, the shares bought earliest are matched to the sale first for calculating realized gains or losses. The average buy price is updated based on the cost of remaining shares after the sale, and the invested value is adjusted by deducting the original cost of the shares sold, not by the sale proceeds.
MARKET DATA IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND THERE MAY BE DELAYS, OMISSIONS AND INACCURACIES IN SUCH DATA. NEITHER DRIVEWEALTH NOR ITS AGENTS, AFFILIATES, OR THIRD-PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE DELIVERY OF SUCH MARKET DATA CAN GUARANTEE THE ACCURACY, ACCESSIBILITY, ADEQUACY, AVAILABILITY, COMPLETENESS, CONTINUED AVAILABILITY, CORRECTNESS, CURRENTNESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TIMELINESS, OR TITLE. WITHOUT LIMITING THE FOREGOING DRIVEWEALTH EXPRESSLY DISCLAIMS THAT ANY AUTOMATED OR MANUAL SYSTEM WILL OPERATE UNINTERRUPTED OR ERROR FREE
INTRODUCING BROKER HAS TAKEN COMMERCIALLY REASONABLE EFFORTS TOWARDS GUARDING AGAINST UNAUTHORIZED USE OF ANY INFORMATION TRANSMITTED BY CUSTOMER, HOWEVER, INTRODUCING BROKER NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR GUARANTEES THAT THE SERVICES PROVIDED BY / THROUGH IT WILL NOT RESULT IN THEFT AND/OR UNAUTHORIZED USE OF DATA OVER THE INTERNET. CUSTOMER EXPRESSLY AGREES THAT HIS/ HER USE OF THE ONLINE PAYMENT SERVICE (INCLUDING BUT NOT LIMITED TO CREATING MANDATES, AUTO DEBIT / AUTO PAY, RECURRING PAYMENTS) IS ENTIRELY AT OWN RISK AND RESPONSIBILITY OF CLIENT.
NEITHER INTRODUCING BROKER, NOR ANY OF ITS REPRESENTATIVES: PROVIDE CUSTOMER WITH INVESTMENT ADVICE OR RECOMMENDATION; OFFER ANY OPINION REGARDING THE SUITABILITY OF ANY SECURITY, ACCOUNT TYPE, ORDER, TRANSACTION, OR INVESTMENT ADVISOR OR STRATEGY; SOLICIT ANY ORDER OR TRANSACTION; MONITOR CUSTOMER INVESTMENTS, OR THE APPROPRIATENESS OF CUSTOMER ACCOUNT OR SERVICE LEVEL; ALERT CUSTOMER TO ANY RECOMMENDED CHANGE TO CUSTOMER'S INVESTMENTS, ACCOUNTS, OR SERVICES; OR PROVIDE LEGAL, TAX, OR ACCOUNTING ADVICE (COLLECTIVELY, "ADVICE"). NOTHING ON INTRODUCING BROKER’S WEBSITE IS OR SHALL BE DEEMED A RECOMMENDATION OR SOLICITATION TO BUY OR SELL SECURITIES, FUTURES OR ANY OTHER INVESTMENT PRODUCTS, OR AS TO THE MANNER IN WHICH THOSE PRODUCTS ARE BOUGHT OR SOLD, OR TO ENGAGE IN ANY INVESTMENT STRATEGY. CUSTOMER WILL NOT SEEK, ACCEPT OR RELY ON ANY ADVICE FROM INTRODUCING BROKER OR ITS REPRESENTATIVES, OR ANY COMMUNICATION THAT COULD BE CONSTRUED AS SUCH. DISCUSSION / POSTS ON DIFFERENT TYPES OF INVESTMENT PRODUCTS AVAILABLE TO CUSTOMER, IS NOT INVESTMENT ADVICE. INTRODUCING BROKER IS NOT RESPONSIBLE FOR THE SUITABILITY OR APPROPRIATENESS OF ANY ORDER, TRADE, INVESTMENT, INVESTMENT STRATEGY, SELECTION OF ADVISOR OR OTHER ACTIVITY OF CUSTOMER. CUSTOMER AGREES THAT ANY ORDER SUBMITTED TO OR TRANSACTION EXECUTED BY BROKER DEALER VIA INTRODUCING BROKER PLATFORM IS SOLELY CUSTOMER'S OWN DECISION AND IS BASED ON CUSTOMER'S OWN EVALUATION OF ITS PERSONAL FINANCIAL SITUATION, NEEDS, AND INVESTMENT OBJECTIVE(S). INTRODUCING BROKER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY ADVICE, REPRESENTATION, CONTENT OR OTHER INFORMATION PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY SUCH INFORMATION OR THIRD PARTY REFERENCED BY OR ACCESSED THROUGH ANY INTRODUCING WEBSITE, OR PLATFORM.
CUSTOMER ACKNOWLEDGE AND UNDERSTAND THAT ALL INVESTMENTS INVOLVE RISK, THAT LOSSES MAY EXCEED THE PRINCIPAL INVESTED, AND THAT THE PAST PERFORMANCE OF A SECURITY, INDUSTRY, SECTOR, MARKET, OR FINANCIAL PRODUCT DOES NOT GUARANTEE FUTURE RESULTS OR RETURNS. YOU ARE SOLELY RESPONSIBLE FOR ALL INVESTMENT DECISIONS ASSOCIATED WITH YOUR ACCOUNT INCLUDING ANY RISKS IN CONNECTION WITH THE PURCHASE OR SALE OF SECURITIES (WHICH INCLUDES THE RISK OF LOSS).
CUSTOMER ACKNOWLEDGES THAT TRADING SECURITIES, OR ANY PRODUCT ON A FOREIGN MARKET INVOLVES HIGH RISK. TRADING OUTSIDE ORDINARY MARKET HOURS POSES SPECIAL RISKS, INCLUDING RISK OF LOWER LIQUIDITY, HIGHER VOLATILITY, CHANGING PRICES, UNLINKED MARKETS, NEWS ANNOUNCEMENTS AFFECTING PRICES, AND WIDER SPREADS. CUSTOMER REPRESENTS THAT CUSTOMER IS KNOWLEDGEABLE OF, AND ABLE TO ASSUME, THESE RISKS.
GOVERNMENTS OF COUNTRIES IN WHICH CUSTOMER RESIDE, OR COUNTRIES IN WHICH CUSTOMERS INVEST, MAY TAKE ECONOMIC AND/OR POLITICAL ACTIONS THAT ARE ADVERSE TO INVESTORS AND SUCH ACTIONS MAY NEGATIVELY AFFECT CUSTOMER'S ACCOUNT. CUSTOMER AGREES THAT INTRODUCING BROKER IS AND SHALL NOT LIABLE FOR SUCH ACTIONS. CUSTOMER AGREES THAT THAT INTRODUCING BROKER (AND ITS AFFILIATES) IS NOT LIABLE FOR ANY LOSSES OR DAMAGES CUSTOMER MAY INCUR AS A RESULT OF ANY SUCH ACTION.
CUSTOMER ACCEPTS THE INTRODUCING BROKER SYSTEM "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL INTRODUCING BROKER (OR ANY AFFILIATE OF INTRODUCING BROKER) BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. INTRODUCING BROKER (AND ANY AFFILIATE OF INTRODUCING BROKER) SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE INTRODUCING BROKER SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO: THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, PUBLIC HEALTH EVENTS (INCLUDING PANDEMICS); INTRODUCING BROKER 'S INTENTIONAL ACTS; OR INTRODUCING BROKER'S FAILURE TO ACT TO PREVENT SERVICE DISRUPTION OR SYSTEM FAILURE. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE INTRODUCING BROKER SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY INTRODUCING BROKER FOR PURPOSES OF SERVICING THE INTRODUCING BROKER SYSTEM.
NOTHING IN THIS AGREEMENT REPRESENTS A CONTRACTUAL PROMISE OF WARRANTY TO THE CUSTOMER REGARDING INTRODUCING BROKER 'S COMPLIANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. NOR IS ANYTHING IN THIS AGREEMENT INTENDED TO CREATE A CONTRACTUAL OR PRIVATE CAUSE OF ACTION FOR ANY NON-COMPLIANCE WITH APPLICABLE LAWS, RULES (INCLUDING BUT NOT LIMITED TO RULES OF ANY EXCHANGE, MARKET CENTER, OR CLEARINGHOUSE) OR REGULATIONS. INTRODUCING BROKER SPECIFICALLY DISCLAIMS ANY SUCH WARRANTY OR OBLIGATION.
Customer agrees to indemnify, hold harmless and defend Introducing Broker, its affiliates, and their respective officers, directors, employees, agents, and representatives from any and all liabilities, losses, costs, judgments, penalties, claims, actions, damages, or expenses (collectively, "Losses") arising from or relating to: (i) any action taken in reliance on any representation, information or instruction received from Customer; (ii) Customer's breach of this T&Cs; (iii) any action taken by Introducing Broker to enforce its rights under these T&Cs or in accordance with its policies; (iv) any inquiry, information request, or other action by a third party related to Customer's Brokerage Account, including to Customer assets, liabilities, transactions, instructions, actions, or inactions; (v) Customer's violation or infringement of any intellectual property right held by Introducing Broker or its affiliates.
This T&Cs are governed by the laws of the India, without giving effect to conflict-of-laws provisions. Courts located in the Gujarat have exclusive jurisdiction over disputes relating to this Agreement, and all other agreements entered between Customer and Introducing Broker, except when arbitration is provided. Customer waives any objection to the bringing of any proceedings in any such court by Introducing Broker and agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it. However, the foregoing shall not prevent Introducing Broker from bringing an action in any court of any other jurisdiction, in its discretion. In all judicial actions, arbitrations or dispute resolution methods, the parties waive any right to punitive damages.
Please note that these terms and conditions are subject to change without notice.