This Terms And Conditions Agreement ("Agreement") is between you and NeML.
The Services being provided herein relates to certain electronic services and
information ("Service") to which you will have electronic access depending upon your
user/membership category through NeML trading platform ()
To use a Service you may need to register and create an account with a username and a password.
You may need to provide us with certain personal and other information. NeML may verify the
information, if required, before your account can be used.
You agree to provide truthful and complete information when you register for the Service and to
keep that information updated. You must take due care to protect your username and password
against misuse by others and promptly notify NeML about any misuse. You are personally
responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you
will no longer have access to the Service. NeML may terminate your registration or restrict your
access to certain parts of the Service if NeML reasonably believes that you have breached the
Agreement or any other Terms and Conditions applicable for the Service.
If you are NeML registered client, this Agreement is in addition to, and does not nullify, any other
agreement or undertaking, including the Membership Agreement(s)/Undertaking and any annexure
and supplements thereto between you and NeML governing the conduct of your relationship with
NeML. The terms and conditions contained herein are in addition to and are to be read in
conjunction with the General Terms and Conditions of NeML and any annexure and supplements
thereto.
By using or accessing the Service and Site you agree to the terms and conditions contained herein
under and also agree and accept to abide by the General Terms and Conditions of NeML along
with its amendment from time to time and the Terms and Conditions subject to which any particular
commodity has been offered for trading including any circulars, notifications, instructions or
guidelines issued by NeML from time to time.
Your use and/or access of the Service and Site, indicate that you agree to be bound by all of the
terms of this Agreement and you shall be deemed to have read, understood and accepted the terms
and Conditions of Agreement. In case you do not agree the Terms and Conditions of this
Agreement, you have no right to access the Site and avail Service.
The terms and conditions contained herein may be amended, altered, supplemented, revoked,
rescinded or replaced by NeML, whether in full or in part, from time to time as may be notified on
the Site or in such other manner as NeML may deem fit.
You acknowledge that the information on this Site does not constitute an offer to sell or a solicitation
of an offer to buy any commodity that may be referenced in the Site. If you wish to learn more about
information contained on the Site, you may contact a representative of NeML.
Guests: Users in this category will be provided with limited samples of Services offered on the Site
but need not register to obtain access to the Site. For purposes of this Agreement, access by a Guest
to the Site is at the sole discretion of NeML, from time to time, may or may not permit a Guest to
access the Site
Registered Clients: This category of user will be provided with electronic access to the various
Services provided by NeML on the Site. The clients registered with NeML (Registered Client) may
have certain time limitation with respect to the use of these Services and to continue the use of
Service, may be required to complete/fulfill the prescribed procedures in case they wish to remain a
client of NeML. Registration by submitting a physical application form and other documentary proof
may be required for this user category.
SERVICES PROVIDED
NeML shall provide you with electronic access, through your computer or other electronic
device including Mobile Phones (collectively "Electronic Device"), to the Services, including
but not limited to the provision of information with respect to certain Commodities
("Information") through the Site by means of an order matching system or multiple bidding
system which includes inter alia all activities pertaining to order management such as
accepting and capturing of an order/bid, validation, order/bid modification or cancellation,
order/bid confirmation and other related activities ("System"), value added services including
but not limited to market watch, research reports, stock statements and transaction
summaries, through the services of an unaffiliated Internet service provider (the "Provider")
by you and the ability to communicate electronically with NeML ("E-mail"), depending upon
which category of User you are. NeML may at its sole and absolute discretion, cancel or
change any or all the Services or registration instructions in any manner whatsoever at any
time or introduce additional Services from time to time, upon printed or electronic notice.
Your continued use of the Services following any changes or introduction of new Services
will constitute your acceptance, ratification and confirmation of such changes. You agree not
to attempt to connect to the Site, to use the Services or to view any of the Information if you
do not agree to the terms of this Agreement.
NeML reserves the right to charge a Registered Client a separate service fee for using the
Services to effect transactions above a certain stipulated number/threshold.
ELECTRONIC RECORDING
You acknowledge and consent to the taping or any form of electronic recording, retention,
monitoring and use by NeML (and its employees, representatives, affiliates and agents) of all
communication, electronic or otherwise, between you and NeML or its representatives or
agents and information and data that you input during your use of the Services, including
without limitation, all bids/orders placed by you to purchase or sell a commodity, all activities
related thereto and all selections and uses of calculators and other tools included therein.
You further agree that such recordings and NeML 's records of any bids/orders, instructions
and communications given or made by you or NeML by electronic mail, fax or other
electronic means shall be admissible as evidence and shall be final and binding evidence of
the same. If NeML so chooses to record the bids/orders, instructions and communications,
it shall be free to store the same for such period as it may deem fit and NeML may overwrite,
erase or destroy such records at such intervals as it may deem fit.
ELECTRONIC COMMUNICATION
The Services permit you to communicate electronically with NeML. You agree not to use email
for the transmission of bids/orders to purchase or sell a commodity or to transfer funds,
or to transmit any personal credit information (including credit card numbers), to give notice
of a change of address, or to give NeML any time-sensitive instructions. However, NeML in
no event shall be liable or responsible in any manner in the event such e-mail has been
received by NeML for any default/reason whatsoever. In addition, if you are a NeML client
who has registered on the Site, you agree not to use e-mail to give NeML any instruction
affecting your account(s) or any linked accounts, including, but not limited to, placing orders
to purchase or sell a commodity or to transfer funds. NeML shall not be liable for any actions
taken or any omissions to act as a result of any e-mail message you send to NeML.
Registered Clients will provide NeML with their e-mail address as part of the registration
process. NeML may, as part of the trade fulfillment/completion cycle, communicate with
you on your registered E-mail. All E-mails sent to you by NeML on the E-mail address
available with NeML at the time it its dispatch shall be considered as effective
communication. NeML shall not be liable for any actions or for any omissions to act on your
part as a result of any e-mail message NeML sends to you.
PROPERTY RIGHTS IN INFORMATION AND SERVICES; SUITABILITY AND
COMPLIANCE WITH LAW
The Services and any Information provided through the Services are being provided by
NeML only for your personal, non-commercial use and display. You may download the
Information to the Electronic Device and print out a hard copy for your personal reference,
provided that you agree not to remove any copyright or other notices contained therein.
The Services and the Information are the property of NeML or its licensors and are
protected by applicable copyright, patent, trademark or other intellectual property law.
Except as expressly authorized herein, you may not reproduce, transmit, sell, display,
distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such
Information or any of the Services provided in any manner (including electronic, print or
other media now known or hereafter developed) without the written consent of NeML. You
also agree not to use the Information or Services for any unlawful purpose, and you shall
comply with any request of NeML or any of the third party providers to protect their
respective rights in the Information and Services.
NeML is not providing investment or disinvestment advice through the Site and does not
represent or recommend that any such commodities are suitable for you. In addition, you
agree to make your own independent evaluation of the investment merits and suitability for
you of any such commodities based on your specific objectives and financial position and
using such independent advisors as you may believe necessary. The Information shall not be
deemed to be a solicitation of a transaction by NeML or any third party provider acting on
behalf of NeML. The Information contained on the Site reflects the present situation and
does not in any way reflect the views of NeML or its affiliates. The accuracy, completeness
or timeliness of such Information cannot be guaranteed and is subject to change without
notice. Further, the price for any commodity contained in any section of the Site may differ
from the price for that commodity contained on any other section of the Site. You also
acknowledge that neither the Services nor any of the Information will be used by you as tax
or legal advice. The Information is provided on the Site on a no-liability, no-guarantee and
no-obligation basis.
With respect to a NeML registered client on the Site, unless we otherwise notify you in
writing, any Information provided through the Services shall not be deemed to supersede or
replace official statements of transactions, money or positions required to be transmitted by
NeML to you.
In the event you use the Services or the links included on the Site to gain access to a third
party web sites or other world wide web site or Internet location or source of information of
any company, organization or person other than NeML, or to any other Internet location,
you acknowledge that such other sites or locations are not under the control of NeML and
agree that NeML shall not be responsible for any information or other links found at any
such world wide web site or the third party web-site or Internet location or source of
information, or for your use of such information. NeML provides such links only as a
convenience to you, and has not tested any software or verified any information found at
such sites. The fact that NeML has provided a link to another site does not signify an
endorsement of the site or its contents by NeML. There are inherent risks in the use of any
software or information found on the Internet, and you acknowledge that you understand
these risks before making any use of the Services.
Transmission or use of any material in violation of this Agreement, or any applicable law,
rule or regulation (whether of the Republic of India or other countries), or the rights of any
third party is prohibited. This includes, but is not limited to, copyrighted material, material
which is defamatory, threatening, obscene, lewd and indecent, material protected by
trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
The Services are not registered under any laws of any foreign jurisdiction and is only to be
availed by a Guest or Registered Client, as the case may be, in a jurisdiction where it may be
lawful to offer such Services.
WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES
The accuracy, completeness, sequence or timeliness of the information cannot be
guaranteed. NeML and its affiliates, their financial advisors, agents and licensors shall not
have any responsibility or liability for direct, indirect, consequential, special, or other
damages you may incur for any reliance by you on information or for the reliability, accuracy,
completeness, sequence or timeliness thereof for any delays, interruption or errors in the
transmission or delivery of any part of the information or services, or for any unauthorized
use by you of e-mail.
You understand that any bid/order price quotes provided/available as part of the services
may be delayed on account of certain technical reasons beyond the control of NeML and
may not reflect the prices at which the quoted commodity may be bought or sold. You should
not make any decisions to buy or sell commodity based on such quotations or on any other
information accessed on or through the Site. You understand that NeML does not guarantee
that it will continue to make the information and/or services available to you, whether by the
same methods currently used or otherwise. You agree not to hold NeML liable for any
damages arising from a discontinuation or modification of all or part of the services or
information.
NeML shall ensure that bid/order acceptance or rejection by the System is communicated
to the Registered Client within a reasonable period of time. NeML shall send electronically
including without limitation, trade confirmations, notifications of trade failures for the
execution of the Registered Client's order/trade. Such confirmation shall be made available
to the Registered Client by way of web postings accessible to the client after login or through
an e-mail address provided by such client. The Registered Client agrees that the information
sent by NeML by web posting/e-mail is deemed to be a valid delivery of such information by
it.
All trades/ orders routed through the Site/System shall be deemed to be unsolicited trades.
NeML may set such parameters or checks in the System that may result in the Site or System
rejecting the orders of a Registered Client. Such rejection is not/would not be an indication
of such client's creditworthiness but is a risk management measure undertaken by NeML.
However NeML shall not be liable for any direct or indirect loss or damages caused to such
client by such rejection.
Except as expressly set forth in this agreement, NeML and its affiliates, agents and licensors
hereby expressly disclaim all express and implied warranties, including without limitation,
warranties of merchantability, fitness for a particular purpose, and error-free and
uninterrupted services. NeML does not warranty, guaranty, or make any representations or
warranties whatsoever, express or implied, or assume any liability to you regarding (i) the use
or the results of the use of the services, including without limitation any financial results based
on use of the services or information or any delay or loss of use of the services, or (ii) system
performance and effects on or damages to software and hardware in connection with any use
of the site, services, and information.
In addition to and without limiting the foregoing, NeML shall not be liable for any harm
caused by the transmission, through the services or information, of an Electronic Device
virus, or other Electronic Device code or programming device that might be used to access,
modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any
manner the operation of the services or any of your software, hardware, data or property.
In addition to and without limiting the foregoing, NeML makes no representation and
assumes no liability regarding the quality, safety, accuracy, or suitability of any information
or software found on any other site not under NeML control.
NeML and its affiliates, their respective financial advisors, agents and licensors shall not be
liable for any losses or damages incurred by you related in any way to your use of the services
and information.
Except as otherwise provided by law, NeML shall have no liability for losses caused by the
negligence, actions or failure to act of the provider or any third party provider acting on
NeML behalf.
To the extent permitted by law, neither NeML nor the provider or any third party provider
acting on NeML behalf shall be liable to you for any indirect, special, incidental or
consequential damages (regardless of whether such damages are reasonably foreseeable), or
for any loss, costs, expenses including without limitation reasonable legal fees, arising from a
failure, interruption, error, omission or delay in the performance of their obligations or in
the transmission of information that results from a cause over which NeML or any other
such entity does not have control, including but not limited to
failure of electronic or mechanical equipment/any failure in the links/system failure/faults
in the telecommunication network or internet or network failure or software/hardware
errors at your end or at the end of NeML or
theft or
destruction or
unauthorized access, alteration or use of information or
incomplete/incorrect data or information provided to NeML over the site/system and/or
any error in the execution of any request due to such incomplete/incorrect data,
strikes, failures of common carrier or utility systems, severe weather, fire, floods or other
causes commonly known as "acts of god" or force majeure events.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that you are of the age of majority and are legally capable
of entering and executing this Agreement.
You hereby further represent and warrant that, in conjunction with your on-line trading
account and any other account(s) that you maintain with NeML at any time, that you will
utilize said account(s) solely for lawful purposes and will remain aware of, and fully comply
with, all applicable laws, rules and/or regulations governing the use of said account(s)
including, but not limited to, laws, rules and/or regulations relating to information
technology, taxation and reporting or filing requirements.
You agree that NeML cannot advise or counsel you as to the existence or applicability of any
particular law, rule and/or regulation and that you are solely responsible for remaining aware
of, and complying with, all such laws, rules and/or regulations. If you are a Registered Client
you hereby represent and warrant that all the information provided by you during the
registration process is accurate and complete. In case where the client is a non-resident
Indian, you additionally agree to abide by the Foreign Exchange Management Act, 1999 and
rules and regulations issued and amendments carried out thereunder from time to time and
other applicable laws and any law, regulation or rule in your jurisdiction, including but not
limited to tax, foreign exchange and capital control and for reporting or filing requirements
that may apply as a result of your country of citizenship, domicile, residence or tax-paying
status.
You acknowledge that you are fully aware of and understand the risks associated with availing
of Services for routing orders over the Site/System including the risk of misuse and
unauthorised use of your Username and Password by a third party and the risk of a person
hacking into your account on the Site/System. You agree that you shall be fully liable and
responsible for any and all unauthorised use and misuse of any of your Username and
Password and also for any and all acts done by any person through the System on your User
Identification in any manner whatsoever, including but not limited to a third party placing a
request or order on your behalf over the Site/System. You are aware that NeML is agreeable
to offer the Services over the Site/System only if NeML is not required to bear and only if
you agree to bear, the risk responsibility and liability of such misuse or unauthorised use.
You agree that you shall immediately notify NeML in writing with full details if:
you discover or suspect unauthorized access through your Username and Password or
account,
you notice discrepancies that might be attributable to unauthorized access,
you forget your Password, or
you discover a security flaw in the Site or System.
You shall immediately log off from the Site and System at any time that you finish accessing
it.
You hereby agree that you may not be allowed to do transactions through the System with
respect to certain Commodities/segments as may be notified by NeML from time to time.
You further agree that you may not be allowed to transact through the System with respect
to certain commodities or bids/orders/requests below and above certain amounts, or for any
other reasons as may be notified by NeML from time to time.
You further agree that you will not initiate, promote or participate in any unfair or
manipulative market practices.
The use and storage of any information including, without limitation, the Username and
Password, profile, portfolio information, transaction activity, account transactions and any
other information on your personal Electronic Device is at your own risk and you shall take
sole responsibility for the security of such information.
You are aware that you have the option of not availing of the Services. However being fully
aware of all risks, you desire the convenience of such Services, including but not limited to
transmitting bids/orders and instructions over the Site/System and have therefore opted for
such Services of your own free choice and are willing and agreeable to bear all associated
risks, responsibility and liability.
RISK DISCLOSURE
You confirm that you have read the risk disclosures formulated by the Exchanges together
with all additional disclosures made by NeML from time to time, that contain important
information on trading and dealing with NeML and are aware of the contents contained
therein.
The risks involved in trading in various instruments on NeML, and as set out in detail in the
above risk disclosure formulated by NeML and inter alia include, risk of high and low
volatility, risk reducing orders, risk of new announcements, risk of rumours, systems risks
and system/network congestion.
You are also made aware of all the rights available to you under the extant laws, rules,
regulations and General Terms and Conditions of NeML and of all your obligations
thereunder and hereunder.
If you have any concerns with respect to the above you may contact our office.
You must know and appreciate that commodities traded on NeML, which have varying
element of risk, is generally not an appropriate avenue for someone of limited
resources/limited investment and/or trading experience and low risk tolerance. You should
therefore carefully consider whether such trading is suitable for you in the light of your
financial condition. In case you trade on NeML and suffer adverse consequences or loss,
you shall be solely responsible for the same and NeML or its affilates or any of its employees
shall not be responsible, in any manner whatsoever, for the same and it will not be open for
you to take a plea that no adequate disclosure regarding the risks involved was made.
You shall be solely responsible for the consequences and no contract can be rescinded on
that account. You must acknowledge and accept that there can be no guarantee of profits or
no exception from losses while executing orders for purchase and/or sale of a security or
derivative being traded on the Exchanges.
In the light of the risks involved in and the other significant aspects of trading, you should
undertake transactions only if you understand the nature of the contractual relationship into
which you are entering and the extent of your exposure to risk.
In light of the foregoing, you declare that:
You shall be wholly responsible for all your trading decisions and trades;
You have read and understood the risks involved in trading on NeML trading
platforms;
The failure to understand the risk involved shall not render a contract as void or
voidable and you shall be and shall continue to be responsible for all the risks and
consequences for entering into trades in the segments in which you choose to trade;
all monies, fees, charges or other property which may be required to open and/or to
maintain your account shall be held subject to a general lien for the discharge of your
obligations to NeML;
you are liable to pay applicable initial margins/security deposits, withholding
margins/security deposits, special margins/security deposits or such other
margins/security deposits as are considered necessary by NeML or as per the Terms
and Conditions applicable for any particular trade.
payment of margins/security deposits by you does not necessarily imply complete
satisfaction of all dues. In spite of consistently having paid margins/security deposits,
you may, on the closing of your trade, be obliged to pay (or entitled to receive) such
further sums as NeML may require;
CONFIDENTIALITY
NeML shall use reasonable precautions to maintain the confidentiality of the information
you have provided to NeML and information you have created, inputted or developed in
connection with your use of the Services, but because such information can be accessed
through the internet, you hereby acknowledge and agree that there can be no assurance that
the information, any Information provided to you through the Services, the orders placed by
you to purchase or sell a commodity or to transfer funds or any communication through email
will remain secure. In addition, NeML may disclose such information to its employees,
representatives, officers, agents, and affiliates, as well as a governmental or regulatory entity
or recognized stock exchanges, the service providers or any other third party agent or service
provider -
for any purpose related to the conduct of NeML 's business or to the offering,
providing or maintaining of the Services,
to comply with applicable rules, orders, subpoenas or other legal process, or in order
to give information to any government agency or regulatory body or recognized stock
exchanges or official requesting such information, or
for any other legitimate business purpose.
GOVERNING LAW
Any transaction contained herein under or anything related thereto shall be shall be governed
by and construed in accordance with the laws of the Republic of India without giving effect
to principles of conflicts of law.
DISPUTE RESOLUTION
You agree to the dispute resolution process as applicable for any particular trade or
transaction subject to which any commodity has been offered for trading. In absence of any
such terms and conditions or absence of dispute resolution clause therein, you agree to
resolve the dispute as per the dispute resolution process put in place by NeML in its General
Terms and Conditions.
JURISDICTION
NeML and you declare and agree that the transactions executed on the NeML are subject to
Terms and Conditions applicable to any particular trade or subject to which any commodity
has been offered for trading and in absence or non-existence of the same, in accordance with
the General Terms and Conditions and Circulars issued by NeML thereunder and all parties
to such trade shall have submitted to the jurisdiction of such court as may be specified in
such applicable terms and conditions for the purpose of giving effect to the provisions
contained herein under.
This Agreement shall at all times take effect as having been made, entered into and to be
performed in the city of Mumbai and the parties shall be deemed to have submitted to the
exclusive jurisdiction of the competent courts/appropriate forums of/at Mumbai with respect
to all disputes between you and NeML which does arise or form part of the Terms and
Conditions subject to which any commodity has been offered for trading. However, in
matters or disputes arising out of any particular trade conducted in accordance with the terms
and conditions specified for that trade, such dispute shall be resolved as per the dispute
resolution process as put in place in those terms and conditions and the jurisdiction of the
courts shall be the proper civil courts having jurisdiction to entertain such disputes.
TERMINATION
Either you or NeML may terminate this Agreement and your access to the Services at any
time by giving 30 days� notice. NeML may discontinue or change the Information or the
Services, or their availability to you, at any time. Any violation or breach by you of any of the
terms of this Agreement will be cause for NeML to terminate your access to the Services
without notice. Paragraphs H, I, J and K shall survive termination of this Agreement.
ASSIGNMENT
Resale and/or any commercial redistribution of the Services or Information, is not permitted.
This Agreement and your rights and obligations hereunder may not be assigned by you
without the written permission of NeML. NeML may assign this Agreement or any of its
rights or obligations under this Agreement to the extent permitted by the laws to a company
affiliated with, or a successor to or assignee of, NeML, or to any other third party.
MISCELLANEOUS
Save as set out in the preamble to this Agreement, this Agreement represents the complete
and exclusive statement of the agreement and understanding between you and NeML
regarding your rights to access and use the Services and Information on the Site, and
supersedes all prior and contemporaneous agreements and representations regarding such
subject matter. Except as herein provided, no waiver, modification or amendment of any
provision of this Agreement shall be effective against NeML unless the same is in writing and
signed by an authorized official of NeML. NeML may modify these terms and conditions at
any time upon written notice or by posting the modified terms and conditions in the Site.
You agree that if you use the Services after such notification of changes in the Agreement,
you will be bound by all such changes. At the time of such modification, you will have the
opportunity to reject such modification, which rejection shall constitute a termination of this
Agreement and of your rights to access and use the Site, Services and Information. Should
any term or provision of this Agreement be deemed or held to be invalid or unenforceable,
the remaining terms and provisions shall continue in full force and effect.
Failure by NeML to insist at any time upon strict compliance with any term of this
Agreement, or any delay or failure by NeML to exercise any power or right given to NeML
in this Agreement, or a continued course of such conduct on NeML part shall at no time
operate as a waiver of such power or right, nor shall any single or partial exercise preclude
any other future exercise. All rights and remedies given to NeML in this Agreement are
cumulative and not exclusive of any other rights or remedies which NeML otherwise has at
law or equity.
INDEMNIFICATION
You hereby indemnify and hold harmless NeML (and its directors, officers, employees,
control persons, vendors, licensors and agents), the Provider and any third party provider
from and against any and all claims, losses, liabilities, damages, costs and expenses (including
reasonable attorney's fees and costs) arising out of or related to your breach of your
agreements, representations and warranties contained in this Agreement or your use of the
Services or Information
in violation of this Agreement,
in violation of any rights of NeML, the Provider and any third party Information
provider, including copyright, patent, trade secret, trademark, or other intellectual
property rights and publicity and privacy rights, or
in violation of any applicable law, rule or regulation, or
your failure to maintain the security of your Username and Password as applicable in
accordance with this Agreement. This indemnification shall be binding upon you and
your executors, heirs, successors and assigns.
Mobile Trading
I/We am/are registered with NCDEX e Markets Limited (NeML) as the client. I/We am/are
interested for trading through Mobile with NeML.
. I/We understand that the terms and conditions published on www.NeML.in will be applicable
to Mobile Trading also.
. I/We am/are made aware by NeML regarding all the possible attendant risks, responsibilities
and liabilities associated with trading through Mobile in addition to the risks associated with
Online trading.
I/We understand that NeML shall send the bid/order/trade confirmation details on our
existing registered E-mail id registered with NeML.
I/We agree that the information sent by NeML on my/our E-mail id would be deemed to
be a valid delivery of such information by NeML.
I/We understand that trading through Mobile, including sending instructions or messages
and conducting transactions through it may carry extra risks and may not be as secure as
using the service via internet trading, Further I/We understand that the instructions
(including inputting password for Mobile Trading) sent to NeML and any message,
information and confirmation received from NeML through Mobile Trading is subject to
the risk of being read, interrupted, intercepted, or defrauded by third party or otherwise
subject to manipulation by third party or involve delay in transmission. I/We agree that
NeML shall not be responsible or liable to me/us or any third party for the consequences
arising out of or in connection with using, accessing and conducting transactions through
Mobile Trading.
I/We am/are aware that as it may not be possible for NeML to give detailed information on
the mobile and minimum information may only be given by NeML with address of the
Internet web site/web page where detailed information would be available.
I/We understand that the use and storage of any information including, without limitation,
the Password, transaction activity, account balances, securities balances and any other
information or orders on the Mobile handset shall be at my/our own sole risk.
. I/We am/are aware that NeML has the discretion to reject the orders placed through Mobile
based on its risk perception.
Also I/We am/are aware that authentication technologies and strict security measures are
required for Mobile trading and I/We undertake to ensure that the password is not revealed
to any third party including employees and dealers of NeML. I/We shall be solely
responsible for all orders entered and transactions done by any person whosoever through
Mobile Trading based on the correct authentication details entered while logging into the
mobile application.
. I/We am/are understand that Mobiles are vulnerable to the threats such as but not limited
to unauthorized
access by intruders to the data /information of the trades executed,
identity theft,
privacy violations,
planting of stealth software and viruses,
disablement or distortion of trade related operations
interception of the transmission of encrypted data/message during execution of trades,
etc.
. I/We shall immediately notify NeML in writing if I/We discovers/suspects discrepancies/
unauthorized access. Further I/We shall immediately inform NeML to temporarily
deactivate my trading account, if the Mobile phone or SIM is lost and further shall take action
to deactivate the account.
I/We am/are aware that trading through Mobile involves many uncertain factors and
complex software, hardware, systems, communication lines, etc. which are susceptible to
interruptions and dislocations. Further that all features of an internet trading systems may
not be available for trading through Mobile, since enabling of certain features may be
dependent on the technology and embedded software adopted by the manufacturer of
Mobile, routing mechanism of the internet service provider and configuration thereof.
I/We understand that NeML do not make any representation or warranty that NeML�s
Mobile Trading service will be available at all times without any interruption and further that
NeML shall not be responsible for any variation, reduction or imposition of the terms or the
Client�s inability to route any order through Mobile Trading facility.
I/We agree that I/We shall not have any claim against NeML on account of any suspension,
interruption, non-availability or malfunctioning of the System or Service or non-execution of
the orders due to any link/mobile/system failure at the Client/NeML end for any reason
thereof.
I/We agree that I/We shall be liable and responsible for all legal compliance and adherence
of all commercial terms and conditions in respect of the mobile connection/SIM card/mobile
phone and NeML does not accept/ acknowledge any responsibility in this regard.
I/We further agree that NeML shall not, directly or indirectly, be liable, in any way for
security or the origin of the IP address used for trading by using the Mobile. I/We shall
always be ready/prepared to utilize an alternative system to trade in case of any unexpected
failures.