Terms and Conditions

  • Last Revised : 23rd Oct, 2020

 

M/s.Fortune Capital Services Private Ltd is the company registered under the Companies Act, having its corporate office at Kochar Technology Park, 6th Floor, SP-31-A, 1st Cross Road, Ambattur Industrial Estate, Ambatur, Chennai – 600 058.  “FLATTRADE” is the online brand of Fortune Capital Services Private Ltd and it is together referred to as “FORTUNE”. 

 

This page contains important information regarding the terms and conditions which apply to your trading and demat account with Fortune Capital Services Private Limited (hereinafter referred to as “FORTUNE”).  FORTUNE, being a Trading Member of NSE, BSE, MCX and ICEX registered with Securities & Exchange Board of India ("SEBI") and having Registration No. INZ000201438 for Capital Market, Derivatives, Currency and Commodity Derivatives segments of NSE, BSE, MCX and ICEX.  The Depository services will be enabled through CDSL as the Depository having SEBI Registration no.: IN-DP-729-2014.  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.  Please note that the information contained herein is subject to change without notice.

 

General terms and conditions

 

Before availing of online trading services, 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 for registering himself as a client with FORTUNE.

 

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 based on any information that may be made available on the web site of FORTUNE. The Client will not hold nor seek to hold FORTUNE 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 FORTUNE or any other agency appointed/authorised by FORTUNE. The Client should seek independent professional advice regarding the suitability of any investment decisions. The Client also acknowledges that employees of FORTUNE are not authorized to give any such advice and that the Client will not solicit or rely upon any such advice from FORTUNE or any of its employees or business associates.

 

Account opening

 

Online account opening using AADHAAR is currently available only for residents of India and for opening accounts for an individual (HUFs, corporate bodies, NRIs, etc., not eligible). The Client’s AADHAR number will be used to generate a temporary e-signature which will be used to e-sign the KYC document. The e-signature will be generated using an OTP which will be sent to the client’s mobile number registered with his AADHAR number. If client is already registered in the KRA database then account can also be opened using the KRA data and such data cannot be edited. If such data needs to be edited then account cannot be opened using information available in KRA database.  KYC Registration Agency (KRA) is an agency registered with SEBI under the Securities and Exchange Board of India [KYC (Know Your Client) Registration Agency] Regulations, 2011. The KRA will maintain KYC records of the investors centrally, on behalf of capital market intermediaries registered with SEBI. The Fees paid towards the account opening charges for enabling equities as well as commodities is non-refundable.

 

Security precaution and password

 

FORTUNE will provide the client with a username and a trading password which will enable him to avail of the facilities of Online Trading through the FORTUNE website, over the telephone or in any such other manner as may be permitted by FORTUNE for availing of the services. FORTUNE 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.  Our trading terminal system have a stringent Two-Factor authentication (2FA) secure system for every client to enter into their login ID using their Client ID and Password, along with a Password.  This 2FA mechanism is set in place as per SEBI & Exchange guidelines with respect to Internet Based Trading Rules.

 

After a client enters his/her Client ID, he/she is required to enter his/her (i) Password; and (ii) a 6 digit unique PIN set by the Client him/herself.  A link to create Password & 2FA are sent to all clients along with the welcome email while opening an account. This Password and 2FA set by each client, is unique to him/her, and is not known to anybody else apart from the client him/herself. Passwords and 2FA credentials are privileged information and must be kept in high secrecy by each client and not shared with anybody else.

 

As per instructions from SEBI & the Depositories, we are also required to obtain the above stated Two-Factor Authentication (2FA) for all such sell transactions where shares are debited from the demat account using the Online DIS route. Therefore, the same PASSWORD/PIN set by You for Your trading terminal login, will be required to be inputted by You each time during a debit/sell transaction from your holdings from Your demat account.  This will be required only if You are using the Online DIS route and not if you have submitted the physical Power of Attorney.

 

For Call & trade, each and every client is required to provide his/her Client ID along with his/her PAN / DOB which required to be provided to the dealers at the time of placing orders by calling to the FORTUNE. 

 

Any Password can be reset by the You at any point of time, by selecting the ‘Forgot Password’ link under the login area. As soon as You select the ‘Forgot Password’ link, a reset link is sent to Your registered email ID, where the same process of setting a unique password is followed.

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 FORTUNE’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 FORTUNE 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 unauthorizedly 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 FORTUNE’s Online Trading System and unauthorizedly 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 FORTUNE’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 FORTUNE 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 FORTUNE’s Online Trading System.

 

Orders

 

All orders for purchase, sale or other dealings in securities and other instructions routed through the FORTUNE’s Online Trading System via the Client’s Username shall be deemed to have been given by the Client. The client agrees to provide information relating to customer user identification number, and such other information as may be required while placing orders on the telephone to determine the identity of the client.

 

The orders and instructions and all contracts and transactions entered pursuant thereto and the settlement thereof will be in accordance with the Exchange Provisions. FORTUNE may from time to time impose and vary limits on the orders which the Client can place through FORTUNE’s online trading System (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 FORTUNE may need to vary or reduce the limits or impose new limits urgently on the basis of the FORTUNE’s risk perception and other factors considered relevant by FORTUNE, and FORTUNE may be unable to inform the Client of such variation, reduction or imposition in advance. The Client agrees that FORTUNE shall not be responsible for such variation, reduction or imposition or the Client’s inability to route any order through FORTUNE’s Online Trading System on account of any such variation, reduction or imposition of limits. The Client understands and agrees that FORTUNE 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 FORTUNE. 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 FORTUNE’s Online Trading System, FORTUNE 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 FORTUNE may impose scrip-wise surveillance or such other conditions as to scrip-wise limits, etc. The client also understands that FORTUNE may impose various surveillances which may differ from client to client on the basis of the FORTUNE’s risk perception and other factors considered relevant by FORTUNE.

 

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 FORTUNE’s Online Trading System.

 

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 FORTUNE.  If 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 the Trading System, e-mail or SMS after the execution of the order, trade and this shall be deemed to be valid delivery thereof by FORTUNE. It shall be the responsibility of the client to review immediately upon receipt, whether delivered to him by Trading system, e-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 FORTUNE 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 FORTUNE’s notice in writing by an e-mail or written request 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 FORTUNE in writing via e-mail or written request within twenty-four hours from the time of receipt of the first notice. In all cases, FORTUNE shall have a right to accept or reject the client’s objection.

 

There may be a delay in FORTUNE receiving the reports of transaction, status, from the respective exchanges or other persons in respect of or in connection with which FORTUNE has entered into the contracts or transactions on behalf of the clients.  Accordingly, FORTUNE 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 FORTUNE 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 FORTUNE 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.

 

FORTUNE 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, FORTUNE shall have the right to treat the order as having lapsed or rejected from the trading system.

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

 

FORTUNE 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 FORTUNE and the orders placed by him on the trading system / website or any other manner.

 

FORTUNE 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 and product conversions are available online, and if at any time the client wants to convert the executed order from one product type to another product type for example NRMLS to MIS or vice versa, it will be carried out, only if the client’s request for the product conversion is received before the stipulated time of intraday auto square off and if sufficient margins are available for product conversion.

 

The client shall not be entitled to presume an order having been executed, cancelled or modified until a confirmation from FORTUNE 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 FORTUNE has so confirmed in writing.

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

 

FORTUNE 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 FORTUNE by post/courier, at the address mentioned in this agreement or at any other address expressly informed to FORTUNE by the client. The client agrees that FORTUNE to issue the contract note in digital form which shall be sent by way of e-mail to the address provided by the client. FORTUNE 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 FORTUNE 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 FORTUNE.

 

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

 

The Margin will not be interest bearing. FORTUNE shall have, at its sole discretion, the irrevocable right to set off a part or whole of the Margin i.e., by the way of appropriating of the relevant amount of cash or by sale or transfer of all or some of the Securities which form part of the Margin, against any dues of the Client or of a member of the group of the Client (for the purposes of these Terms, "Group" shall mean all the individuals, group companies, firms, entities and the persons as specified in the schedule to the Member Client Agreement) in the event of the failure of the Client or a member of the Group of the Client to meet any of their respective obligations under these Terms.

 

The client agrees and authorises FORTUNE to determine the market value of securities placed as margin after applying a haircut that FORTUNE 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 FORTUNE intimates such shortfall.

 

FORTUNE may at its sole discretion prescribe the payment of Margin in the form of cash instead of or in addition to margin in form of securities. The Client accepts to comply with the requirement of FORTUNE 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 FORTUNE 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 FORTUNE on the basis of FORTUNE's Risk perception and other factors considered relevant by FORTUNE. However, there may be circumstances when the deposits made by FORTUNE with the Exchange may not be sufficient in times of extreme volatility and trading terminals of FORTUNE 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 FORTUNE 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 FORTUNE with the Exchanges or banks or such other institution as FORTUNE may deem fit. The Client authorises FORTUNE 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 FORTUNE shall be deemed to include sale of the Securities which form part of the Margin maintained by the Client with FORTUNE. In exercise of FORTUNE'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 FORTUNE.

 

Maintenance of trading account

 

Money pay-in to FORTUNE - The Client agrees that all payments due to FORTUNE will be made within the specified time and in the event of any delay, FORTUNE 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 FORTUNE shall be from the account of the client and shall not to be from any third party.

 

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

 

Securities pay-in to FORTUNE - All delivery to be effected to FORTUNE 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 FORTUNE 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 FORTUNE or third party payment should be made to FORTUNE 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 FORTUNE - FORTUNE may directly credit the demat account of the client with the depository participant or maintain the securities in the client unpaid securities account (CUSA) of FORTUNE until the client has paid for the securities in full. If the client fails to pay for the securities purchased in full then FORTUNE reserves the right to sell the unpaid securities and related costs to recover its dues. The client is expected to monitor and pay for his securities purchased in full within settlement date.

 

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, FORTUNE may withholds the credit of securities to the demat account of the client. However, the client authorizes FORTUNE to withhold the securities to meet liabilities of client to FORTUNE under this agreement.  FORTUNE is entitled to consider any sum or money or security lying to the credit of the client as margin received.

Running Account settlement of funds and Securities.

FORTUNE as per the rules and regulations of the Exchanges shall settle the funds and securities of the client, on a monthly/quarterly basis and this may lead to the insufficient account balances or margins for trading. Further, the client agrees that, FORTUNE shall not be responsible for any loss due to order rejections or for the non execution of the orders on time due to the settlement of the funds and securities.

 

Suspension of trading account

The client is aware that, if there are no trades in the trading account for a period of six months, FORTUNE shall suspend the trading account from further trading as per the rules and regulations of the exchanges. Further if at any time if the client wants to login to the online trading platform, the client can download the Reactivation form from FORTUNE website https://flattrade.in and send it to [email protected]  Upon verification of the client email id and mobile number by  FORTUNE, may activate the trading account within two working days. The client further agrees that, FORTUNE shall not be responsible for any kind of loss due to the suspension of the trading account.

Mutual funds

Mutual Fund platform provided by FORTUNE  is only an order collection platform that collects orders on behalf of clients and places them on BSE StarMF for execution. The Client expressly agrees that FORTUNE 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, sufficient/insufficient funds in the trading account which may occur at the end of the client, FORTUNE or the exchange platform.

Margin Trade Funding (MTF)

FORTUNE offers the Margin Trade Funding facility to its clients, to buy the securities with the limited margin as approved by SEBI, and can hold the shares for a long period in the MTF account by making the margin short falls in the form of cash or in securities. This MTF facility is offered online to the client’s and the client’s can trade on the MTF approved securities by transferring the margin as cash or approved securities. The terms and conditions will apply to this MTF trading and the client has to execute a separate agreement as approved by SEBI to transact in the shares and securities of the MTF segment.

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 FORTUNE, including but not restricted to PAN Number or Unique Identification Number (issued by SEBI) , and states all details and facts represented to FORTUNE 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 FORTUNE may at any time be unavailable without further notice. FORTUNE and the Exchange do not make any representation or warranty that the Online Trading Service of FORTUNE 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 FORTUNE on account of any suspension, interruption, non-availability or malfunctioning of the Online Trading System or Service of FORTUNE or the Exchange's service or systems for any reason whatsoever.

 

FORTUNE 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 https://flattrade.in 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 FORTUNE 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 FORTUNE 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 FORTUNE 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 FORTUNE or executed by FORTUNE on behalf of the Client. However, nothing herein shall oblige FORTUNE to take such steps.

 

Fees and brokerage

 

The Client agrees to pay FORTUNE any brokerage, commission, fees, GST 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 FORTUNE, for the services that the Client receives from FORTUNE.

 

All fees, brokerage, and charges on FORTUNE's platform are subject to change from time to time, subject to complying with rules prescribed by the Exchanges and SEBI, at FORTUNE's discretion, with due notification to the Client. Each time there is any change with respect to fees, charges, and brokerage, FORTUNE would notify all Clients by an email and/or SMS to their registered email ID and contact number with all details, along with the date of such changes being effective.

 

An updated schedule of charges, brokerage, fees, towards applicable services provided by FORTUNE along with taxes and other mandatory transaction charges is made available here.

 

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 FORTUNE.  The Client agrees that in the event of FORTUNE or any employee or official of FORTUNE 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 FORTUNE shall not be liable or responsible for the same. FORTUNE, and its officers, directors, partners, employees, agents and affiliates will have no liability with respect to any investment decisions or transactions of the client.

 

Programmes & Initiatives

 

FORTUNE may from time to time have programmes to promote engagement and education among clients. FORTUNE encourages clients to refer their friends and family to begin investing with FORTUNE. In all such cases, FORTUNE reserves the absolute right to change, withdraw, modify, or suspend a part of or an entire programme / initiative, without any prior notice to any such user or client.  FORTUNE’s decision on any condition of how any such initiative or programme shall operate, would be final.

 

Miscellaneous

 

FORTUNE 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 FORTUNE 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 FORTUNE or of the Exchanges or otherwise or for any other delay beyond the reasonable control of FORTUNE due to a breakdown or failure of communication facilities or for any other delay beyond the reasonable control of FORTUNE. All modification to this Agreement shall be made solely at the discretion of FORTUNE and shall be intimated to the client by a suitable modification to the terms and conditions or other applicable section on the website or in any other manner.

 

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, FORTUNE 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 FORTUNE from any loss, injury, claim or any action instituted against FORTUNE arising from the misuse of the password by any party.

 

Force majeure

 

FORTUNE 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 and commodities, or any other services is non-refundable.
  • 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.
  • In case you have paid the charges relating to account opening multiple times, please write to [email protected]  and we will initiate the necessary procedure to refund your money.

 

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

 

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 FORTUNE to the Client shall be deemed to have been properly delivered or served, if such communication is returned on FORTUNE 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.