In these Terms and Conditions the terms shall have following meaning
unless indicated otherwise:
- “Depository” means Central Depository Services (India) Limited a company
incorporated in India under the Companies Act 1956 and having its registered office
at 17th Floor, P.J. Towers, Dalal Street, Fort, Mumbai 400001 and all its branch
offices and includes its successors and assigns.
- ‘DP’ means Depository Participant of CDSL. The term covers all types of DPs who are
allowed to open demat accounts for investors.
- ‘BO’ means an entity that has opened a demat account with the depository. The term
covers all types of demat accounts, which can be opened with a depository as
specified by the depository from time to time.
- SMS means “Short Messaging Service”
- “Alerts” means a customized SMS sent to the BO over the said mobile phone number.
- “Service Provider” means a cellular service provider(s) with whom the depository
has
entered / will be entering into an arrangement for providing the SMS alerts to the
BO.
- “Service” means the service of providing SMS alerts to the BO on best effort basis
as per
these terms and conditions.
Availability:
- The service will be provided to the BO at his / her request and at the discretion
of the depository. The service will be available to those accountholders who have
provided their mobile numbers to the depository through their DP. The services may
be discontinued for a specific period / indefinite period, with or without issuing
any prior notice for the purpose of security reasons or system maintenance or for
such other reasons as may be warranted. The depository may also discontinue the
service at any time without giving prior notice for any reason whatsoever.
- The service is currently available to the BOs who are residing in India.
- The alerts will be provided to the BOs only if they remain within the range of the
service provider’s service area or within the range forming part of the roaming
network of the
service provider.
- In case of joint accounts and non-individual accounts the service will be
available, only to
one mobile number i.e. to the mobile number as submitted at the time of
registration /
modification.
- The BO is responsible for promptly intimating to the depository in the prescribed
manner
any change in mobile number, or loss of handset, on which the BO wants to receive
the alerts from the depository. In case of change in mobile number not intimated to
the depository, the SMS alerts will continue to be sent to the last registered
mobile phone number. The BO agrees to indemnify the depository for any loss or
damage suffered by it on account of SMS alerts sent on such mobile number.
Receiving Alerts:
- The depository shall send the alerts to the mobile phone number provided by the BO
while registering for the service or to any such number replaced and informed by
the BO
from time to time. Upon such registration / change, the depository shall make every
effort to update the change in mobile number within a reasonable period of time.
The
depository shall not be responsible for any event of delay or loss of message in
this
regard.
- The BO acknowledges that the alerts will be received only if the mobile phone is in
‘ON’ and in a mode to receive the SMS. If the mobile phone is in ‘Off’’ mode i.e.
unable to receive the alerts then the BO may not get / get after delay any alerts
sent
during such period.
- The BO also acknowledges that the readability, accuracy and timeliness of providing
the
service depend on many factors including the infrastructure, connectivity of the
service provider. The depository shall not be responsible for any non-delivery,
delayed
delivery or distortion of the alert in any way whatsoever.
- The BO further acknowledges that the service provided to him is an additional
facility
provided for his convenience and is susceptible to error, omission and/ or
inaccuracy.
In case the BO observes any error in the information provided in the alert, the BO
shall inform the depository and/ or the DP immediately in writing and the
depository
will make best possible efforts to rectify the error as early as possible. The BO
shall
not hold the depository liable for any loss, damages, etc. that may be incurred/
suffered by the BO on account of opting to avail SMS alerts facility. The BO
authorizes
the depository to send any message such as promotional, greeting or any other
message
that the depository may consider appropriate, to the BO. The BO agrees to an
ongoing
confirmation for use of name, email address and mobile number for marketing offers
between CDSL and any other entity.
- The BO agrees to inform the depository and DP in writing of any
unauthorized debit
to
his BO account/ unauthorized transfer of securities from his BO account,
immediately,
which may come to his knowledge on receiving SMS alerts. The BO may send an email
to
CDSL at complaints@cdslindia.com. The BO is advised not to inform the service
provider
about any such unauthorized debit to/ transfer of securities from his BO account by
sending a SMS back to the service provider as there is no reverse communication
between
the service provider and the depository.
- The information sent as an alert on the mobile phone number shall be deemed to have
been received by the BO and the depository shall not be under any obligation to
confirm
the authenticity of the person(s) receiving the alert.
- The depository will make best efforts to provide the service. The BO cannot hold
the
depository liable for non-availability of the service in any manner whatsoever.
- If the BO finds that the information such as mobile number etc., has been changed
with
out proper authorization, the BO should immediately inform the DP in writing.
Fees:
Depository reserves the right to charge such fees from time to time as it deems fit for
providing this service to the BO.
Disclaimer:
The depository shall make reasonable efforts to ensure that the BO’s personal
information is kept confidential. The depository does not warranty the confidentiality
or security of the SMS alerts transmitted through a service provider. Further, the
depository makes no warranty or representation of any kind in relation to the system
and the network or their function or their performance or for any loss or damage
whenever and howsoever suffered or incurred by the BO or by any person resulting from
or in connection with availing of SMS alerts facility. The Depository gives no warranty
with respect to the quality of the service provided by the service provider. The
Depository will not be liable for any unauthorized use or access to the information
and/ or SMS alert sent on the mobile phone number of the BO or for fraudulent,
duplicate or erroneous use/ misuse of such information by any third person.
Liability and Indemnity:
The Depository shall not be liable for any breach of confidentiality by the service
provider or by any third person due to unauthorized access to the information meant for
the BO. In consideration of the depository providing the service, the BO agrees to
indemnify and keep safe, harmless and indemnified the depository and its officials from
any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever
which a depository may at any time incur, sustain, suffer or be put to as a consequence
of or arising out of interference with or misuse, improper or fraudulent use of the
service by the BO.
Amendments:
The depository may amend the terms and conditions at any time with or without giving any
prior notice to the BOs. Any such amendments shall be binding on the BOs who are
already registered as user of this service.
Governing Law and Jurisdiction:
Providing the Service as outlined above shall be governed by the laws of India and will
be subject to the exclusive jurisdiction of the courts in Mumbai.
I/We wish to avail the SMS Alerts facility provided by the depository on my/our mobile
number provided in the registration form subject to the terms and conditions mentioned
below. I/ We consent to CDSL providing to the service provider such information
pertaining to account/transactions in my/our account as is necessary for the
purposes of generating SMS Alerts by service provider, to be sent to the said
mobile number.
I/We have read and understood the terms and conditions mentioned above and agree to
abide by them and any amendments thereto made by the depository from time to time. I/
we further undertake to pay fee/ charges as may be levied by the depository from time
to time.
I / We further understand that the SMS alerts would be sent for a maximum four ISINs at
a time. If more than four debits take place, the BOs would be required to take up the
matter with their DP.
I/We am/ are aware that mere acceptance of the registration form does not imply in any
way that the request has been accepted by the depository for providing the service.
I/We provide the following information for the purpose of Registration
/ modification (Please cancel out what is not applicable).
I/We hereby request you to send communications pertaining to my/our Trade Confirmations,
MTM Obligation, Margin Calls or any other communication (which is necessary from your
Compliance point of view) including the verification call from Globe etc. on the above
mentioned Mobile number. I/We am/are also aware that the stock Exchanges have been
pursuing a process of confirming the trade details directly to the Clients which they
have carried out through their respective Stock Broker. Accordingly, I/We record my/our
consent to receive those SMS as well as Emails alerts directly from the Exchanges on
the above stated contact details by authorizing you for sharing the said details same
with Exchanges.