Microcurves Retail broking Terms and Conditions
1 Introduction
Emint app, websites– www.emint.in and www.microcurvetrading.com are owned, by Microcurves Trading Private Limited (“Microcurves”, “us”, “we” or “our”), a company incorporated under the Companies Act, 2013 having CIN: U93000GJ2014PTC124048, and having its registered office at Unit #208 and 209, 2nd floor, Xchange Plaza, Dalal Street Commercial Cooperative Society Ltd, Block #53, Road 5E, Gift City, Gandhinagar- 382355, Gujarat. . Microcurves is a Trading Member of National Stock Exchange of India Limited (“NSE”), and is registered with Securities and Exchange Board of India (“SEBI”) with Registration No. INZ000298936. Microcurves is also registered as a depository participant (CDSL) with SEBI with Registration no.: IN-DP-744-2023. Microcurves allows any person to use/visit/browse the website without registering with Microcurves. For the purpose of these [terms and conditions], references to “Covered Person”, “Client”, “You” or “Your”, shall mean any natural or legal person who has visited the Microcurves Platform (as defined below) and/or has agreed to or has enquired to open an account and/or initiated the process of opening an account with Microcurves.
In terms of the Information Technology Act, 2000, as amended, this document is an electronic record, being generated by a computer system and it does not require any physical or digital signature. These Terms and Conditions are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the intermediary's computer resource by any person.
2 Terms and conditions for using our services
2.1 This page contains important terms and conditions and related information which apply to Your trading and demat account with Microcurves. Your act of accessing Your account and the usage of Your account will be governed by this terms and conditions and You are required to ensure 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 process. Please read this page carefully and retain it for future reference.
2.2 Microcurves has the unconditional unilateral right to amend, add, remove, and/or modify any portions of the Terms and Conditions, from time to time, without notice to You, and You agree to comply with such amended Terms and Conditions. Once posted, those changes will be effective immediately unless stated otherwise. It is Your duty to periodically review and familiarize Yourself with the updated terms and conditions by accessing the Microcurves Platform from time to time . Microcurves will update You on an annual basis or as otherwise prescribed under applicable law of all the changes made by Microcurves to the terms and conditions. It is hereby clarified that any change made by Microcurves to terms and conditions will come into effect immediately upon posting (unless otherwise specified) and not on the day on which Microcurves notifies You of those changes. Any failure or delay by Microcurves to update You of the changes to the terms and conditions will not impact the validity and effectiveness of those changes. Continued access or use of the Microcurves’s online trading system/Microcurves Platform(s) constitutes Your acceptance of the amended terms and conditions. Microcurves also recommends its Clients to read the Frequently Asked Questions (“FAQs”) available at https://emint-help.freshdesk.com/support/solutions
2.3 You shall not impersonate any person or entity, or falsely state or otherwise misrepresent any information (including Your identity, age or affiliation with any person or entity);
2.4 You agree that it is solely your responsibility to comply with all applicable laws and You will not undertake any action which will (i) jeopardise Microcurves’ interests or (ii) subject Microcurves to any regulatory actions that are likely to impair or damage the reputation, regulatory standing, costs, or business of Microcurves
2.5 In terms of the Information Technology Act, 2000, as amended, this document is an electronic record, being generated by a computer system and it does not require any physical or digital signature. These Terms and Conditions are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the intermediary's computer resource by any person.
2.6 If at any time You do not agree with Terms and Conditions which are applicable for the purpose of accessing and using the Microcurves Platform, You shall immediately cease Your use of the Microcurves Platform and the products and services being offered therein. You further agree that any such discontinuance of use of the Microcurves Platform will not entitle you to seek refunds/partial refunds of any Subscription Fees/Account Opening Fees (as defined below) (if any) which you may have paid/agreed to be paid earlier. You shall be bound by and shall continue to adhere and abide by the Terms and Conditions, for so long as You avail the products and services offered at the Microcurves Platform or owe any amount to Microcurves, in relation to the same.
3 Online registration process
Before availing of online trading services, the Client shall complete the registration process as prescribed by Microcurves from time to time. For this purpose, the Client shall follow the process given on the Microcurves Platform for registering as a client. Microcurves may facilitate this process with the help of external entities keeping in mind efficient use of resources and the Client’s convenience.
The access and use of Microcurves Platform is only available to a person who is competent to enter into legally binding contracts under the Indian Contract Act, 1872. The access and use of Microcurves Platform is not available to anyone previously removed by Microcurves from accessing Microcurves Platform. Microcurves reserves the exclusive right to accept or reject requests of any User to access the Microcurves Platform for availing services and products offered by Microcurves after taking into consideration such criteria as it deems fit. Microcurves at its discretion may prescribe eligibility criteria for availing any services provided by Microcurves. You will be required to meet all such eligibility requirements in order to continue availing products and services offered by Microcurves. Any decision to provide (or not provide) access and use of Microcurves Platform to a User will be at the sole, independent and absolute discretion of Microcurves.
4 No Investment advice
The Client agrees that none of the services available on the Microcurves Platform shall amount to investment advice on the part of Microcurves. The Client agrees that any decision to subscribe, buy or sell or otherwise deal in securities (including derivatives) is undertaken by the Client based on the Client’s own assessment of respective financial circumstances and investment objectives. This would also extend to any decisions made by the Client on the basis of any information that the Client may receive from Microcurves. Before dealing in any specific investment products, the Client is advised to seek independent professional advice from SEBI registered investment advisers if the Client fails to understand the suitability of each such investment product which it proposes to subscribe/buy/sell. The Client also acknowledges that Microcurves does not make any personal recommendations and no employee of Microcurves is authorized by Microcurves to give any such investment advice to the Client and that the Client will not solicit or rely upon any such advice (if any) received from Microcurves or any of its employees. The Client will neither hold nor seek to hold Microcurves or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any losses or costs incurred by the Client whether such losses/costs are incurred by the Client after relying on any investment related information, research or advice or any other material/information whatsoever on the Microcurves Platform, literature, brochure issued by Microcurves or any other agency appointed/authorised by Microcurves or otherwise.
5 Microcurves’s online trading system
5.1 Accessing online trading system
Microcurves will provide the Client with a username and a trading password to enable the Client to undertake online trading through Microcurves website, Emint website, mobile application - Emint or in any other manner as may be permitted by Microcurves (“Microcurves Platform”). Microcurves may also provide the Client with the username and password for accessing its back-office for various reports, etc. Microcurves will issue necessary policies from time to time to govern the use, reset and modification of such password on the Microcurves Platform.
5.2 Security measures for online trading system login
(a) Microcurves online trading system has a stringent Two-Factor authentication (“2FA”) secure system which requires the Client login using their Client ID and password, along with a 6 digit PIN OR Authentication via device passcodes OR apps such as Google Authenticator set by the Client himself/herself. This 2FA mechanism is set in place as per SEBI and stock exchange guidelines with respect to internet based trading.
(b) Microcurves online trading system password has a 2FA system in place which provides secure login experience to the Client. After the Client enters its Client ID, the Client is required to enter (i) password; and (ii) a 6 digit unique PIN set by the Client him/herself OR an Authentication mechanism via a device passcode or an application such as Google® Authenticator or Microsoft® Authenticator. At the time of opening an account, along with the welcome email, a link will be sent to the Client to create password and undertake 2FA. Such Password and 2FA set by the Client will be unique to the Client, and is not known to anybody else apart from the Client. Passwords and 2FA credentials are privileged information, and must be kept in high secrecy by the Client. The Client should not share this information with any other person.
(c) As per instructions from SEBI and 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 delivery instruction slip route. Therefore, the TPIN sent to you from CDSL will be required to be inputted by You each time during any debit/sell transaction which You may initiate from Your demat account using the online delivery instruction slip (e-DIS) facility..
(d) For Call and trade service, the Client is required to mention the last 4 digits of the Client ID along with personalised 4 digit PIN (known as support code) which can only be seen inside the trading account, that can be entered into by the Client only after entering the Client ID, password, 2 factor authentication.
(e) Any password can be reset by 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. Such reset password email will include the detailed process for resetting a unique password for Your account with us.
5.3 Safeguards for securing online trading system login
(a) The Client shall be responsible for keeping the username and password confidential and secure. The Client shall be solely responsible for all orders entered and transactions done through the Microcurves Platform by any person whosoever is using the Client’s username and/or password whether or not such person was authorised by the Client to do so.
(b) The Client acknowledges that it 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 its username and/or password by a third party and the risk of a person hacking into the Client’s account on Microcurves’s online trading system and unauthorisedly routing orders on behalf of the Client through the system. The Client agrees that it shall be fully liable and responsible for any and all unauthorised use and misuse of its password and/or username and also for any and all acts done by any person through Microcurves’s online trading system using the Client’s username in any manner whatsoever.
(c) Without prejudice to the provisions mentioned herein above, the Client shall immediately notify Microcurves in writing with full details if the Client: discovers or suspects unauthorised use or access through its username, password or account, notices discrepancies that might be attributable to unauthorised access, forgets the password or discovers a security flaw in the Microcurves Platform (esp. in Microcurves’s online trading system). Details which the Client is required to share shall inter-alia include date of such unauthorised use, transaction effected etc. (to the extent these details are available with the Client).
6 Account opening with Microcurves
(a) For availing products and services on Microcurves Platform, You are obliged to provide certain Know Your Customer (“KYC”) and other authentication documents as prescribed under applicable law or as requested by Microcurves/ External Service Provider(s). You undertake to promptly provide any such documents and information as requested. You will ensure that all the information/documents provided by You is true, correct, accurate, and complete in all respects.
(b) Online account opening using AADHAAR is currently available only for residents of India opening accounts for an individual (HUFs, corporate bodies, NRIs, etc., not eligible).
(c) When opening an account online using AADHAAR, data will be fetched from the know your client database and cannot be edited.
7 SUBMISSION OF PERSONAL INFORMATION
(a) You agree that all the personal information You provide upon registration to Microcurves Platform at the time of availing any products and services provided by Microcurves and at all other times including information such as name, address, contact number, and KYC details, will be true, accurate, current, and complete. You agree to maintain and update the personal information and to keep the personal information true, accurate and complete.
(b) If You provide any personal information that is untrue, inaccurate, not current, or incomplete, Microcurves and/or External Service Provider(s), as the case may be, shall have the right to suspend or terminate Your account and refuse any and/or all products and services offered by Microcurves. Microcurves/External Service Provider shall not be liable in any manner whatsoever for any loss or damage incurred by You or any dispute initiated by or against You, due to any untrue, inaccurate, not current, or incomplete personal information provided by You.
(c) You also acknowledge that Microcurves/External Service Provider(s) may obtain, verify, or receive information relating to You from other service providers, financial institutions and/or governmental agencies for the purposes of offering products and services on Microcurves Platform.
(d) The personal information provided by You, together with the personal information received by Microcurves/ External Service Provider from third parties or generated in the course of You accessing the Microcurves Platform and/or availing products and services therein are collectively referred to as “Personal Information”.
(e) You hereby agree that Your Personal Information shall be collected, handled, stored, analyzed, and used by Microcurves/External Service Provider(s), for the purpose of providing You access to the Microcurves Platform and use of products and services provided therein and to comply with applicable laws. Your Personal Information shall be collected, handled, stored, analyzed, and used by Microcurves in accordance with its privacy policy available at https://www.emint.in/privacy-policy, as amended from time to time (“Emint Privacy Policy”). You hereby agree, acknowledge, and accept the Emint Privacy Policy. In case of any discrepancy between the terms of the Terms and Conditions and the Emint Privacy Policy pertaining to handling, processing, using, sharing, disclosing, etc. of Your Personal Information, the terms of the Emint Privacy Policy shall prevail.
You further agree that such Personal Information may be displayed, automatically, or otherwise, upon logging into Your account and/or initiating/undertaking any transaction with External Service Provider through the Microcurves Platform. Please note that some of Your information, including Personal Information required to service Your account, is readily available on the Microcurves Platform and only viewable by You by logging on to the relevant Microcurves Platform.
8 Disclaimer for 3rd Party Campaigns
The Microcurves Platform may contain links to a number of third party websites offering products and/or services. Please note that they are only marketing campaigns for such third parties and are not an offer or an invitation to make an offer by Microcurves/ External Service Provider to enter into any kind of an arrangement. The links to the third party websites are neither based on a consideration of Your personal circumstances nor are these results of objective or independent research.
Links which direct you to third-party sites are provided solely for Your convenience and information only. Upon clicking a specific third party link, You will be directed to the respective third party’s web page offering the product or service. You acknowledge that: (i) You are clicking on the third party link as per Your sole discretion; (ii) accessing the third party websites shall not mean approval by the third party for offering such products and/or services; (iii) Microcurves/ External Service Provider shall not be liable for the accuracy of the information being shared on the third party website and cannot be held liable or responsible for any consequences, claims, losses or damages arising out of accessing such sites. It is Your sole responsibility to independently evaluate or obtain investment advice from independent investment adviser about accuracy, completeness, and usefulness of all the information, opinion, advice, service(s), merchandise provided on third-party websites; (iv) Microcurves/ External Service Provider is not making any warranty, expressed or implied, in respect of the products or services offered by such third party or as to the results obtained from such third party products or services, and Microcurves/ External Service Provider is not providing advice or making an offer, solicitation, invitation, or recommendation to buy or avail products or services offered by such third parties; and (v) Microcurves/ External Service Provider takes no responsibility for the content of any third-party web pages.]
9 Placing orders through Microcurves
(a) All orders for purchase, sale or other dealings in securities (including derivatives) and other instructions routed through the Microcurves’s online trading system via the Client’s username shall be deemed to have been given by the Client.
(b) 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.
(c) The orders and instructions and all contracts and transactions entered into pursuant thereto and the settlement thereof will be in accordance with the rules/provisions as may be prescribed by relevant stock exchange from time to time.
(d) Microcurves may from time to time impose and vary limits on the orders which the Client can place through Microcurves’s online trading system (including exposure limits, turnover limits, limits as to the number, value and/or kind of securities (including derivatives) in respect of which orders can be placed, the companies in respect of whose securities (including derivatives) orders can be placed, etc.). The Client is aware and agrees that Microcurves may need to vary or reduce the limits or impose new limits urgently on the basis of the Microcurves’s risk perception and other factors considered relevant by Microcurves, and Microcurves may be unable to inform the Client of such variation, reduction or imposition in advance. The Client agrees that Microcurves shall not be responsible for such variation, reduction or imposition or the Client’s inability to route any order through Microcurves’s online trading system on account of any such variation, reduction or imposition of limits. The Client understands and agrees that Microcurves 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 (including derivatives) through Microcurves and the Client shall solely bear any resultant loss on account of such restriction imposed by Microcurves on the Client’s abilities to place order or to trade in securities (including derivatives).
(e) Though orders will generally be routed to the stock exchange’s computer systems within a few seconds from the time the order is placed by the Client on Microcurves’s online trading system, Microcurves shall not be liable for any delay in the execution of any order or for any resultant loss on account of the delay.
(f) The Client agrees Microcurves may impose scrip wise surveillance or such other conditions as to scrip wise limits, etc. The Client also understands that Microcurves may impose various surveillance measures which may differ for each client on the basis of the Microcurves’s risk perception and other factors considered relevant by Microcurves.
(g) In case of a market order, the Client agrees that the Client will receive the price at which its order is executed by the stock exchange’s computer system; and such price may be different from the price at which the security is trading when its order is entered into Microcurves’s online trading system.
(h) The Client agrees that all orders placed through the online trading system of Microcurves shall be forwarded to the stock exchange. All orders placed otherwise than through the online trading system shall be forwarded by the system to stock exchange terminals or any other order execution mechanism at the discretion of Microcurves. In the event that the order is placed during the trading hours, it shall be routed to and executed on the market system.
10 Post Trade processing
10.1 Order confirmation
(a) Online confirmation will be sent to the Client by in app notification/web page notifications/electronic mail or SMS after the execution of the order, trade and this shall be deemed to be valid delivery thereof by Microcurves. It shall be the responsibility of the Client to review immediately upon receipt, whether delivered to him by electronic mail or any other electronic means, all confirmations of order, transactions, or cancellations. It shall be the responsibility of the Client to follow up with Microcurves for all such confirmations that are not received by him within a stipulated time.
(b) The Client shall not be entitled to presume that an order has been executed, cancelled or modified until a confirmation from Microcurves is received by the Client. However, if due to technical issues and other related factors the confirmation is not immediately transmitted to or received by the Client, such a delay shall not entitle the Client to presume that the order has not been executed, cancelled or modified unless and until Microcurves has so confirmed in writing.
(c) The Client agrees that if, for any circumstance or for any reason, the market(s) close before the acceptance of the order by the stock exchange, the order may be rejected. The pending orders shall be governed as per the stock exchange systems, after the market is closed for the day.
10.2 Microcurves’s right to accept or reject order
(a) The Client agrees that Microcurves may reject orders if the same are rejected by the stock exchange for any reason. In case of rejection of an order due to rejection by the stock exchange, the Client agrees that the order shall remain declined and shall not be re-processed, in any event. Microcurves may, at its sole discretion, reject any order placed on the Microcurves Platform due to any reason, including but not limited to the non-availability of funds (including margin) in the trading account of the Client, non-availability of securities in the demat account of the Client with a designated depository participant, suspension of scrip specific trading activities by or on the stock 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 Microcurves Platform for any reason, Microcurves shall have the right to treat the order as having lapsed.
(b) Microcurves may at its sole discretion permit execution of orders in respect of securities (including derivatives), irrespective of the amount in the balance of the account of the Client.
(c) Microcurves may allow/disallow the Client from trading in any security or class of securities (including derivatives) contracts and impose such conditions including scrip wise conditional trading for trading as it may deem fit from time to time.
10.3 Issuance of Contract note
Microcurves shall issue contract notes in terms of the Securities and Exchange Board of India (Stock-brokers) Regulations, 1992, within 24 hours of the execution of the trade. Such a contract note, if issued in physical form, shall be dispatched by Microcurves by courier, at the address mentioned in any agreement or at any other address expressly informed to Microcurves by the Client. The Client agrees that Microcurves shall issue the contract note in digital form by way of electronic mail to the email address provided by the Client. Microcurves shall not be responsible for the non-receipt of the trade confirmation/contract note due to any change in the correspondence address /email address of the Client not intimated to Microcurves in writing.
10.4 Duties/Obligation of the Client
(a) The Client understands and agrees that all communication will be shared by Microcurves to the Client’s email id and mobile number updated under communication details as a part of user profile with Microcurves. In case of any change in email id and / or mobile number of the Client at which communication needs to be shared, the Client shall make the necessary changes mandatorily in record with Microcurves by following the process as prescribed by Microcurves in this regard. The Client further confirms that the information and all details, provided by the Client to Microcurves are true, accurate, correct and complete.
(b) The Client is responsible for reviewing 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/contract note within 24 hours to Microcurves.
(c) There may be a delay in Microcurves receiving the reports of transaction, status, from the stock exchange or other person(s) in respect of or in connection with which Microcurves has entered into contracts or transactions on behalf of the Client. Accordingly, Microcurves 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 Microcurves 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 stock exchange.
(d) The Client shall bring any errors in any report, confirmation or contract note of executed trades (including execution prices, scrips or quantities) to Microcurves’s notice in writing by an electronic mail [or fax] within twenty four hours of receipt of the concerned report, confirmation or contract note. Any other discrepancy in the confirmation or account shall be notified by the Client to Microcurves in writing via electronic mailwithin twenty four hours from the time of receipt of the first notice. In all cases, Microcurves shall have a right to accept or reject the Client’s objection.
10.5 Other related terms
(a) 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 the said order which the Client proposed to cancel or modify is not yet executed. Market orders are subject to immediate execution wherever possible.
(b) The Client is aware that the electronic trading systems either at the stock exchange or in the Microcurves 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, Microcurves shall be entitled to cancel relative request/(s) with the Client and shall not be liable to execute the desired transactions as per the Client’s instructions. In such an event, Microcurves 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 Microcurves.
(c) The Client agrees to abide with and be bound by all the rules, regulations and bye-laws of the stock exchange as are in force pertaining to the transactions on its behalf carried out by Microcurves and the orders placed by him on the Microcurves Platform. Microcurves 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.
(d) The Client knows and appreciates that dealing in securities (including derivatives) or other instruments traded on the stock exchange have varying elements of risk and are generally not an appropriate avenue for someone of limited resources/limited investment and/or trading experience and low risk tolerance. The Client should therefore carefully consider whether such trading is suitable for the Client in the light of its financial condition. In case the Client trades on the stock exchange and suffers adverse consequences or losses, the Client shall be solely responsible for the same and the stock exchange(s), its clearing corporation, SEBI and/or Microcurves shall not be responsible, in any manner whatsoever, for the same and it will not be open for the Client to take a plea that no adequate disclosure regarding the risks involved was made. As mentioned earlier, the Client acknowledges and accepts that there can be no guarantee of profits or no exception from losses while executing orders for purchase and/or sale of a security being traded on the stock exchange.
(e) The Client confirms that the Client has read the risk disclosures formulated by the stock exchanges together with all additional disclosures made by Microcurves from time to time, that contain important information on trading in the various segments (capital markets and derivatives) of the stock exchanges, and is aware of the contents contained therein.
11 Margin
(a) The Client agrees and undertakes to immediately deposit with Microcurves such cash, securities or other acceptable security/collateral, which Microcurves may require as margin. The Client agrees that Microcurves shall be entitled to require the Client to deposit with Microcurves a higher margin than that prescribed by the stock exchange. Microcurves shall also be entitled to require the Client to keep permanently with Microcurves a margin of a value specified by Microcurves so long as the Client desires to avail of the online trading service of Microcurves.
(b) The margin will not be interest bearing. Microcurves 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/collateral which form part of the margin, against any dues of the Client or its associates/affiliates or such other person(s) as may be notified by Microcurves from time to time.
(c) The Client agrees and authorises Microcurves to determine the market value of securities placed as margin after applying a haircut that Microcurves 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 Microcurves intimates such shortfall.
(d) Microcurves 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 Microcurves with regards to payment of margin in the form of cash immediately. Without prejudice to Microcurves’s other rights (including the right to refer a matter to arbitration), Microcurves 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.
(e) The Client agrees to abide by the exposure limits, if any, set by Microcurves or by the stock exchange or clearing corporation or SEBI from time to time.
(f) The Client is also aware that Microcurves is required to deposit sufficient margin with the stock exchange to enable all its eligible clients to trade subject to such limits as may be imposed by Microcurves on the basis of Microcurves’s risk perception and other factors considered relevant by Microcurves. However, there may be circumstances when the deposits made by Microcurves with the stock exchange may not be sufficient in times of extreme volatility and online trading systems of Microcurves may get temporarily suspended if various clients fail to meet their obligation as agreed with each such client under the respective terms and conditions agreed with them. In these circumstances, the Client shall not have the right to claim any damages from Microcurves for any loss that they might incur on account of such suspension of trading.
(g) The Client agrees that any securities/cash placed with Microcurves as margin may in turn be placed as margin by Microcurves as it deems fit with the stock exchange (or with banks or such other institutions to the extent permitted under the applicable laws from time to time). The Client authorises Microcurves to do all such acts, deeds and things as may be necessary and expedient for placing such securities/cash as margin.
(h) Any reference in these terms to sales or transfer of securities by Microcurves shall be deemed to include sale of the securities which form part of the margin maintained by the Client with Microcurves. In exercise of Microcurves’s right to sell securities under these terms and conditions, the Client agrees that the choice of specific securities to be sold shall be solely at the discretion of Microcurves.
(i) All margin will be accepted and dealt with in accordance with SEBI and stock exchange rules and regulations.
12 Pay-in Pay-out obligations
(a) Money pay-in to Microcurves – The Client agrees that all payments due to Microcurves will be made within the specified time and in the event of any delay, Microcurves may refuse, at its discretion, to carry out transactions or close-out the positions and the costs/losses if any, thereof shall be borne solely and completely by the Client. All payments made to Microcurves shall be from the account of the Client and shall not to be from any third party.
(b) Money pay-out by Microcurves – Notwithstanding anything contained in any other agreement or arrangement, if any, between the parties hereto, the Client hereby authorizes Microcurves to release all payments due to him from the trading account maintained with Microcurves, against specific request in this behalf by the Client.
(c) Securities pay-in to Microcurves – All delivery to be effected to Microcurves for a trade, must be made on the date of execution of the sale order or before the pay-in timing on the pay-in dateLosses, if any, that may accrue in the event of a default in completing the delivery on the stock exchange by Microcurves 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 stock exchange. No third party shares will be sold through Microcurves or third party payment should be made to Microcurves and Client will be solely responsible for any violation. If the Client has sold any securities from the stock exchange against purchase in previous settlements, such sale shall be at the sole risk as to costs and consequences thereof of the Client.
(d) Securities pay-out by Microcurves – Microcurves may directly credit the demat account of the Client with the depository participant..
(e) Provided that if the order placed by the Client through the Microcurves Platform 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 stock exchange. However, if any sum due from the Client, Microcurves may transfer the securities to the demat account of the client and immediately put a lien mark on the securities in favour of Microcurves’s Client Unpaid Securities Pledge Account and/or may sale out/liquidate the client securities to the extent of the dues. However, the Client authorizes Microcurves to lien mark securities in favor of Microcurves (to the extent permitted under SEBI and Stock Exchange rules and regulations) or sale/liquidate the securities to meet liabilities of the Client to Microcurves under these terms and conditions.
(f) Microcurves is entitled to consider any sum or money lying to the credit of the Client as margin received. For considering the securities as margin client has to go for margin pledge mechanism (as permitted under SEBI and Stock Exchange rules and regulations).
13 Representations and warranties
(a) The Client hereby warrants that it is capable of agreeing to these terms and conditions and that these terms and conditions are not in contravention of any rights of any party with whom the Client has any agreements, at any time prior to agreeing to these terms and conditions.
(b) The Client agrees to provide and continue to provide all relevant details as may be requested by Microcurves, including but not restricted to permanent account number (“PAN”) or Unique Identification Number (issued by SEBI), and states all details and facts represented to Microcurves are true.
(c) 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 Microcurves may at any time be unavailable without further notice.
(d) The Client warrants that all or any of the securities deposited by him with Microcurves in respect of margin requirements or otherwise, are owned by him and the title thereof is clear and free of encumbrances.
(e) The Client agrees to indemnify and hold Microcurves 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. Further the Client also confirms that where Microcurves has to pay any fine or bear any punishment from any authority in connection with / as a consequence of / in relation to any of the orders / trades / deals / actions of the Client, the same shall be borne by the Client.
(f) The Client hereby confirms and warrants that the Client authorises Microcurves 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 Microcurves or executed by Microcurves on behalf of the Client. However, nothing herein shall oblige Microcurves to take such steps.
(g) The Client represents that the Client is a human being and not a robot/bot; (ii) Client is 18 years of age or older; (iii) Client is competent to enter into legally binding contracts under the Indian Contract Act, 1872; (iv) Client is not barred or otherwise legally prohibited from accessing or using the products and services offered in the Microcurves Platform under the laws of India or by Microcurves and (v) Client is an Indian national who is a tax resident of India and that Client is not a tax resident of the United States of America or any other country.
14 Fees and brokerage
(a) The Client agrees to pay Microcurves any brokerage, commission, fees, service tax and other taxes and transaction charges as agreed upon and due from time to time, as applied to such Client’s account, transactions, and trading ledger by Microcurves, for the services that the Client receives from Microcurves.
(b) All fees, brokerage, and charges on Microcurves’s platform are subject to change from time to time, subject to complying with rules prescribed by the stock exchange and SEBI, at Microcurves’s discretion, with due notification to the Client. Each time there is any change with respect to fees, charges, and brokerage, Microcurves would notify the Client 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.
(c) An updated schedule of charges, brokerage, fees, towards applicable services provided by Microcurves along with taxes and other mandatory transaction charges is made available here – https://www.emint.in/pricing
15 Arrangements with External Service Providers
(a) Microcurves may make available certain services on the Microcurves Platform with the assistance of certain other service provider(s) (“External Service Provider”). To avail such services, You hereby consent and agree to (i) pay requisite fees as may be prescribed by such External Service Provider and (ii) comply with any additional rules, guidelines, policies, terms and conditions, instructions, notices, requests, etc., as may be intimated by Microcurves/External Service Provider, from time to time, in relation to the use of products and services offered on Microcurves Platform.
(b) Where any products and/or services are made available to You through any External Service Provider, such products and/or services will be provided on an as is and as available basis, without any representations and warranties, express or implied by Microcurves. Microcurves does not make any representations pertaining to the information, content, products and/or services listed or included on or delivery of any such products and/or services to You through any External Service Provider and its suitability and appropriateness for You. Further, such services which are offered by providing access/integration with the systems of an External Service Provider are further subject to their respective additional terms and conditions and policies which are available at following link:
Services |
Links for additional terms and conditions |
Financial data support [service/feeds] from CMOTS Internet Technologies Pvt. Ltd. |
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Digital documentation through Digio |
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Charting library access through TradingView Inc. |
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Charting library access through Chart IQ |
(c) Microcurves is only acting as a platform which provides user interface to facilitate interaction between You and such External Service Providers offering such product/service. You explicitly agree that Microcurves has never made any claims/promises as regards performance of such External Service Provider and accordingly Microcurves is not responsible in any way for the products and/or services purchased and/or availed by You from such External Service Provider using the Microcurves Platform or otherwise.
(d) You hereby acknowledge and agree that Microcurves shall not be liable for failure of/failure to facilitate any transaction with any External Service Provider through the Microcurves Platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of External Service Provider, deficiency of products and/or services delivered, and technical errors on External Service Provider.
(e) You acknowledge and agree that You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on/through Your account on the Microcurves Platform due to Your failure in complying with the Terms and Conditions or due to any other reason and Microcurves shall have no liabilities in this regard.
(f) You irrevocably and unconditionally authorise and consent to receive from any External Service Provider, their affiliates or group companies, their business partners, and their employees, agents, and associates, promotional offers, deals, marketing material, promotional material electronically through e-mail, text message or any other electronic means. You confirm that laws in relation to unsolicited communications referred in National Do Not Call Registry as laid down by Telecom Regulatory Authority of India will not be applicable for such communications, calls, emails, or text messages communication through any other electronic means received from entities/persons as mentioned above.
16 Communications and Information
(a) Microcurves may send alerts to the mobile phone number provided by You while registering with the Microcurves Platform for availing their product and services or on any updated mobile number subsequently provided by You on the relevant Microcurves Platform. Microcurves may also send alerts via e-mail or push notifications.
(b) The alerts will be sent via SMS, only if the mobile phone is in On mode to receive the SMS, via e-mail, only if the e-mail servers and e-mail ids are functional, and via push notifications, only if You have enabled the receipt of such notifications. If the mobile phone is in Off mode or if the e-mail servers or email-ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages. Please note, by default, this alert is kept in On mode and You hereby provide your consent for such election.
(c) Microcurves will make reasonable efforts to provide alerts via SMSs, e-mails or push notifications and it shall be deemed that You shall have received the information sent by Microcurves as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Microcurves Platform. Microcurves shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Microcurves liable for non-availability of the SMSs, email alerts, or push notifications service in any manner whatsoever.
(d) Although Microcurves does not pre-screen, endorse, or approve the content available on Microcurves Platform, You agree that Microcurves has the right (but not the obligation) to refuse, delete, or remove any content anytime at its discretion for any reason as it deems fit.
17 Programmes and Initiatives
Microcurves may from time to time arrange/assist to arrange programmes to promote engagement and education among its clients. The Client may be awarded a certificate of recognition for successfully participating in such programmes. Similarly, Microcurves encourages the Client to refer its friends and family to begin investing with Microcurves. In all such cases, Microcurves 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 the Client. Microcurves’s decision on any condition of how any such initiative or programme shall operate, would be final.
18 No liability
Microcurves and the stock exchange do not warrant that the online trading service will be uninterrupted or error-free. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose. The Client agrees that Microcurves shall not be held responsible for delays in transmission of orders on account of any suspension, interruption, non-availability, breakdown, failure or malfunctioning of the online trading system or service of Microcurves or the stock exchange ’s service or systems for any reason whatsoever (including due to failure of communication facilities) whether due to the fault of the systems of Microcurves or of the stock exchange or otherwise or for any other delay beyond the reasonable control of Microcurves.
19 Indemnity
(a) 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 (including derivatives) which the Client has ordered to be bought or sold, Microcurves may close out the transaction of the Client and the Client or its legal representative shall be liable and they will indemnify Microcurves for any losses, costs and be entitled to any surplus which may result therefrom.
(b) The Client is aware that authentication technologies and strict security measures are required for internet trading through an 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 Microcurves from any loss, injury, claim or any action instituted against Microcurves arising from the misuse of the password by any person.
20 Force majeure
Microcurves shall not be responsible for delay or default in the performance of its obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by stock 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.
21 Severance
In the event of any one or more of the provisions contained in these terms and conditions become 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.
22 Refund and cancellation policy
The following refund and cancellation policy applies for all payments made towards account opening or any other services using the payment gateway:
(a) The Fees paid towards account opening charges (“Account Opening Fees”) and/or the fees paid for subscribing to the Microcurves Platform under the zero brokerage model (“Subscription Fees”) are non-refundable.
23 INDEMNIFICATION
You agree to indemnify, save, and hold Microcurves, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of Microcurves Platform and the products and services provided therein; (ii) any violation by You of Terms and Conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein.
24 PROHIBITED CONDUCT
By accessing or using the Microcurves Platform and/or by availing products or services provided therein You agree not to: (i) violate the Terms and Conditions; (ii) avail product and services in the Microcurves Platform with funds that have been obtained illegally or fraudulently or from sources not permitted under applicable law; (iii) infringe Microcurves’ or any third party’s intellectual property rights, rights of publicity or privacy; (iv) post, transmit, modify, store, update, or share any message which is libellous, defamatory, racially or ethnically objectionable, obscene ,indecent, immoral, prohibited under any law, insulting or harassing on the basis of gender, or which discloses private or personal matters concerning any person; (v) post, transmit, modify, store, update, or share any message, data, image or program which is pornographic, vulgar, paedophilic, offensive in nature, or which is harmful to a child; (vi) post, transmit, modify, store, update, or share any message, data, image or program which threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order, or which causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (vii) post, transmit, modify, store, update, or share any message, data, image or program which is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (viii) indulge in any discussion about securities which can in any manner be construed as sharing of information (including any unpublished price sensitive information) for price manipulation or misinformation irrespective of whether or not there is any intention to manipulate prices or mislead other Users; (ix) use or employ, in connection with purchase or sale of any security, any manipulative or deceptive device or contrivance in contravention of the provisions of any rules, regulations or guidelines of SEBI or any applicable law; (x) employ any device, scheme or artifice to defraud in connection with dealing in securities; (xi) engage in any act, practice, course of business which operates or would operate as fraud or deceit upon any person in connection with any dealing in securities; (xii) indulge in any manipulative, fraudulent or an unfair trade practice in securities markets; (xiii) refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Microcurves; (xiv) remove, circumvent, disable, damage, or otherwise interfere with security related features of the Microcurves Platform or features that enforce limitations on the use of Microcurves Platform; (xv) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Microcurves Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law; (xvi) use Microcurves Platform in any manner that could damage, disable, overburden, or impair these, including, without limitation, using Microcurves Platform in an automated manner; (xvii) use any robot, spider, other automatic device, or manual process to monitor or copy the Microcurves Platform , in whole or in part, without prior written permission of Microcurves; (xviii) take any action that imposes an unreasonably or disproportionately large load on the infrastructure / network of Microcurves; (xix) sell product or services offered at Microcurves, information, or software associated with or derived from these; (xx) use the facilities and capabilities of the Microcurves Platform to conduct any activity or solicit the performance of any illegal activity or any activity that is unlawful or forbidden under law or under the Terms and Conditions (which may include using the Microcurves Platform for own commercial activities without Microcurves’ prior written consent or engaging in money laundering, gambling, sweepstakes, barter trades, advertising etc) or undertake any other activity which infringes the rights of others; (xxi) communicate or otherwise furnish, or permit to be communicated or otherwise furnished, any such Market Data or information, in any format, to any person/entity, nor allow any such person/entity to access, directly or indirectly, any of the data or information. Users shall not create/issue/introduce/license and/or allow any third party or index creator to create/issue/introduce any indices/product linked to such Market Data or information, and Users shall not have any rights (including to the intellectual property rights), title, or interest whatsoever, in and to such Market Data or information. Users shall not use products and services in Microcurves Platform in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to Microcurves, External Service Provider, any third party or You.
25 TERMINATION
Microcurves at its sole discretion may forthwith terminate and/or suspend, in whole or in part, Your account, the Terms and Conditions and access to the Microcurves Platform, for any reason including for reasons of breach of the Terms and Conditions.
26 GOVERNING LAW AND JURISDICTION
The Terms and Conditions shall be governed by the laws of India.
You agree that if any dispute(s) or difference(s) shall arise between You and Microcurves (“Parties”) in connection with or arising out of or relating to the Terms and Conditions, the Parties shall attempt to settle such dispute(s) by mutual discussions within period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s) (“Disputes Notice”).
If the said dispute(s) cannot be settled by mutual discussions within the 30 (thirty) day period specified above, such disputes(s) shall be resolved as per Arbitration mechanism of Stock Exchanges This Clause is for the benefit of Microcurves only. You irrevocably and generally consent in respect of any proceedings anywhere in connection with the Terms and Conditions to the giving of any relief or the issue of any process in connection with those proceedings including, without limitation, the making, enforcement or execution against any assets whatsoever (irrespective of their use or intended use) of any order or judgment which may be made or given in those proceedings. To the fullest extent allowed by law, Microcurves may take concurrent proceedings in any number of jurisdictions.
The courts in Gandhinagar, India shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the website.
27 INTELLECTUAL PROPERTY
You acknowledge that Microcurves is the sole and rightful owner of the intellectual property and You agree not to register, use or file in Your own name or in the name of any other person or company, any trademarks same or similar or resembling in any manner the intellectual property and not to associate the intellectual property with Your or their businesses, except for the purpose (if any) as specified in the Terms and Conditions. In this regard ‘intellectual property’ shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, trademark, brand name, service mark, trade name, design, logo, know-how and trade secrets whether registered or not, belonging to Microcurves.
Nothing contained herein shall authorize You to use, display, or exploit the intellectual property of Microcurves without the prior written consent of Microcurves and all content on the Microcurves Platform is the copyright of Microcurves except for third party content and any link to third party websites.
The information provided on the Microcurves Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Microcurves does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Microcurves Platform, or the quality of any products, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with Microcurves Platform
If you believe that any content on the Microcurves Platform infringes your intellectual property, please send written notice to: support@microcurvetrading.com together with the following information: (i) details of the owner of the intellectual property, or a person authorized to act on their behalf; (ii) a description of the intellectual property that you claim has been infringed, together with a description of the exact location on the Microcurves Platform of such claimed infringement; (iii) your contact details (name, address, telephone number and email address); and (iv) a statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your intellectual property is not authorized by law, the intellectual property owner, or the owner’s agent, b) all information contained in your notice is accurate, and c) under penalty of perjury, you are either the intellectual property owner, or authorized to act on their behalf.
28 MISCELLANEOUS
No Partnership
The Terms and Conditions constitute a principal-to-principal relationship between the Parties and are not intended to and do not create any agency relationship. Products and Services offered by Microcurves and when availed by You from External Service Provider are being provided by Microcurves as an independent entity and nothing contained herein shall be deemed (i) to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties or any of its affiliates or subsidiaries; or (ii) to provide either You or Microcurves with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party.
Assignment
Microcurves may assign, in whole or in part, the rights or obligations of the Terms and Conditions to (i) its associates, affiliates, any other group company; or (ii) any other company in any circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations or sale of a part of operating business causing a change in management or something of a similar nature. It is clarified that Microcurves shall not require Your approval or consent for the above assignment. Microcurves may, at its sole discretion, provide notice of such assignment to the User. You shall not assign, in whole or in part, Your rights or obligations under the Terms and Conditions without the prior written permission of Microcurves.
Waiver
Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder by Microcurves shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies by Microcurves, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy by Microcurves. The rights and remedies provided to Microcurves in the Terms and Conditions or conferred by applicable law, common law, custom, trade, or usage, are cumulative and not exclusive of any rights or remedies provided by applicable law and may be enforced successively or concurrently. Your obligations hereunder will remain in full force and shall not be affected, impaired, diminished or extinguished by any act, omission, default, matter or thing (including anything which, but for this clause would have discharged You (wholly or in part) or would have afforded You any legal or equitable defence) except the full, prompt and complete performance of all the terms, undertakings and conditions of the Terms and Conditions, including the due and punctual payment of all amounts that may become due to Microcurves and/or External Service Provider under the Terms and Conditions.
If at any time, any provision of the Terms and Conditions is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, the legality, validity or enforceability of the remaining provisions will not be affected or impaired in any manner. In such event, Microcurves shall have unilateral right to amend the terms of the Terms and Conditions such that the commercial intent of the Terms and Conditions and the interests of Microcurves are protected in the same manner as originally contemplated under the Terms and Conditions.
Survival
The terms and provisions of the Terms and Conditions by their nature and content are intended to survive the performance hereof by any or all Parties hereto and therefore shall survive termination.
Remedies
Each of the rights, powers and remedies of Microcurves under the Terms and Conditions: (i) are in addition to, and not in derogation of, other rights and remedies of Microcurves given by contract or by applicable law independent of the Terms and Conditions; (ii) may be exercised even if this involves a conflict of duty or Microcurves has a personal interest in its exercise; and (iii) is not affected by any payment, settlement or anything which might otherwise affect them at law.
Non-Exclusive Basis
It is agreed and clarified that the arrangement set out in the Terms and Conditions between the Parties is on a non-exclusive basis.
By accepting these Terms and Conditions in such mode as may be specified by Microcurves from time to time, or by the virtue of usage of the Microcurves Platform and any products and services provided therein, or the continued usage thereof, You:
a) confirm that You are eligible under applicable laws to enter into a valid contract and confirm that the Terms and Conditions constitute a valid, binding and enforceable contract between You and Microcurves;
b) accept these Terms and Conditions as displayed on the Microcurves Platform; and
c) consent to receive communications, notices and information from Microcurves electronically through e-mail, text message or any other electronic means. Electronic communications shall be deemed to have been received by You when Microcurves sends the electronic communication to the email address or mobile number provided by You upon registration, at the time of availing any products or services from Microcurves Platform and at all other times, or when Microcurves posts the electronic communication on the Microcurves Platform.
29 Client grievance redressal
(a) Investor satisfaction is of utmost importance for us and we are firmly committed to providing the best possible customer experience through highly personalized service and support, for which we have established necessary mechanism and systems at Microcurves.
(b) Microcurves has appointed Pankaj Kumar Singh as a grievance officer/ compliance officer who can be contacted at grievances@microcurvetrading.com.
(c) The Client can email its grievances at grievances@microcurvetrading.com which is displayed on the Microcurves Platform and the same is also mentioned on the contract notes and other correspondence (if any) sent to the Client from time to time.
30 Notice
All notices, correspondences or communications issued under in relation to this terms and conditions and/or all transactions entered between You and Microcurves 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 Client such as
· By hand
· Delivery by post
· By registered post
· Under certificate of posting
· By email
· 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 stock exchange if no address is known.
Any communication sent by Microcurves to the Client shall be deemed to have been properly delivered or served, if such communication is returned on Microcurves 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 Client.
31 Restriction under National do not call registry
The Client understands that if the Client’s mobile number is registered in the Do Not Disturb (DND) list of Telecom Regulatory Authority of India, then the Client may not receive SMS from Microcurves. The Client shall take steps to deregister from the DND list and shall not hold Microcurves liable for non-receipt of SMS in the interim period. The Client agrees to be reached out to by representatives of Microcurves or any third party authorised by Microcurves, via phone / email / SMS with reference to the services offered by Microcurves. In this regard the Client provides following authorization
I authorize Microcurves to contact me including but not restricted to call/sms and sending WhatsApp communication to me even though my mobile no. may be registered under DND/DNC Registry.
32
Modification
All modification of these terms and conditions shall be solely at the discretion of Microcurves and shall be intimated to the Client by a suitable modification to the terms and conditions or other applicable section on the Microcurves Platform or in any other manner.