icicidirect
TERMS & CONDITIONS GOVERNING WEB BASED BROKERAGE TRANSACTION ON ICICIDIRECT.COM (THE WEBSITE MAINTAINED BY ICICI Securities LIMITED)
This document contains important information regarding the terms and conditions which apply to account with ICICI Securities Limited (hereinafter referred to as “ICICI Securities”), a member of National Stock Exchange and The Stock Exchange, Mumbai, ICICI Bank Limited (hereinafter referred to as “ICICI BANK”), a company incorporated under the Companies Act, 1956 and licensed as a banking company under the Banking Regulation Act, 1949 & ICICI Bank Limited (hereinafter referred to as “DEPOSITORY PARTICIPANT”), a company incorporated under the Companies Act, 1956 and licensed as a banking company’ a Depository Participant & Custodian (ICICI Securities, ICICI Bank and Depository Participant are collectively referred to as ICICI, wheresoever the context so requires). The access to and use of the account and the various services provided by ICICI Securities, ICICI BANK, DEPOSITORY PARTICIPANT and their affiliates are subject to Client's compliance with the terms and conditions setforth herein. Terms & Conditions pertaining to a specific service shall be applicable only in case the client avails of that particular Service.

TERMS & CONDITIONS GOVERNING ICICI Securities LIMITED

1. ORDER EXECUTION :
Though orders are usually routed through the marketplace within seconds, certain orders, at ICICI Securities’s sole discretion, may be subject to manual review and entry, which may cause delays in the processing of their orders. Clients also understand that with respect to market order, Clients will receive the price at which their order was actually executed in the marketplace, which may be different from the price at which the security is traded when their order is entered into the system.

2. PURCHASE OF SECURITIES – IN CASH PRODUCT:
To process orders to purchase securities, it is necessary that accounts contain buying power before the execution of order. Any order inadvertently accepted and executed without sufficient buying power will be subject to cancellation or liquidation at ICICI Securities’s discretion. ICICI Securities shall not be responsible for any loss incurred by the Client on account of liquidation of the said position. However, Clients are responsible for all of their orders, including any orders, which exceed available limit in their account. If limits are not available in the account and an order is processed, the Clients should credit the required fund in their Bank Account with ICICI BANK via wire or cheque, cashier’s cheque or money order or account transfer or any other mode, promptly to assure that such payment will be received and processed on or prior to settlement date or intimated date, whichever is earlier. If payment is not received by settlement date or intimated date, whichever is earlier, their position may be squared off, without prior notification. In the event their account is liquidated, Clients will be liable for any resulting losses and all associated costs incurred by ICICI Securities.

3. SALES OF SECURITIES – IN CASH PRODUCT:
To process orders to sell securities, it is necessary that accounts contain sufficient Free Securities Balance in the Security Demat Account with Depository Participant prior to the acceptance of a sell order or the physical shares in the custody of ICICI Securities. Proceeds of the sale cannot be paid to Clients until securities have been delivered to the Exchange/clearing house & pay out is received from the Exchange/Clearing House. The proceeds of all sales will be credited to the account directly on settlement date. If the securities are not received on or before settlement date or securities received are not in deliverable state or due to any other reason whatsoever, Clients are not able to get delivery of securities, the securities will be Auctioned or closed out as per the rules of the concerned Exchange. Consequently, Clients will be responsible for any resulting losses and all associated costs including penalty levied by the Exchange. However, if due to internal netting of obligations at ICICI Securities a Client receives short delivery, then ICICI Securities may buy in the required quantity and deliver the shares to the Client or it may credit the Client with an amount calculated at the rate of the Exchange’s weighted average auction price for that scrip on the relevant auction date or any other rate as may be decided by ICICI Securities and the equivalent amount will be debited to the concerned other Client, who had delivered short. No further queries/claims will be entertained in this regard.

4. CONFIRMATIONS, STATEMENTS, NOTICES AND OTHER COMMUNICATIONS:
ICICI Securities shall send the Clients electronically the Contract Note/Trade Confirmation of the trades executed on their behalf on the trade date. Clients understand that it is their responsibility to review, upon first receipt, whether delivered to Clients by mail, by e-mail, or other electronic means, all confirmations, statements, notices and other communications, including but not limited to, margin, maintenance calls, and prospectuses. All information contained therein shall be binding upon Clients, if Clients do not object, either in writing or via electronic mail, within Twenty Four hours after any such document is sent to Clients. In all cases, ICICI Securities reserves the right to determine the validity of their objection to the transaction. Notices and other communications may also be provided to Clients verbally. Clients agrees that ICICI Securities fulfils its legal obligation to deliver to Clients any such document if sent via electronic delivery. Documents sent by electronic delivery will contain all the information as it appears in the printed hardcopy version as prepared and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an email, an electronic mail attachment, or in the form of an available download from the web site. Clients represent that Clients will download the relevant document promptly after receiving notice of its availability. Should Clients experience any difficulty opening a document electronically delivered by ICICI Securities, Clients will promptly advise ICICI Securities in order to allow ICICI Securities to make the required delivery by other means. Failure to advise ICICI Securities of such difficulty within Forty eight hours after delivery shall serve as an affirmation that Clients were able to receive and open said document.

5. SALES OF SECURITIES AND PURCHASE OF SECURITIES - IN MARGIN PRODUCT:
Short Sales Before executing any sell order Clients should have funds in their Bank account with ICICI BANK equal to or greater than margin money. Any order accepted without free stock balance in the account would be deemed a short sale. Short Sales can be settled by squaring off the trade within same trade cycle. Clients agree and understand that if Clients does not square off the position by the stipulated time before the close of market hours on the last day of the trading cycle, ICICI Securities has all the rights to square off the position on the same day or on any later date. Any such purchases may be made at any time at ICICI Securities’s discretion on any exchange or other market where such business is usually transacted, or at public auction, or ICICI Securities may be the purchaser for ICICI Securities’s own account. Clients are responsible for any losses or expenses incurred by ICICI Securities as a result of their failure to make such delivery/ Square off the trade. As and when SEBI and its Regulatory bodies come up with new circulars, notifications or guidelines with respect to operations, trading and other related matters ICICI Securities will be modifying the terms and conditions to meet the requirements.
Long Buys
Before executing any buy order Clients should either have funds in their Bank account with ICICI BANK equal to or greater than margin money. Any long buys can be settled by squaring off the trade within same trade cycle. Clients agree and understand that if Clients do not square off the position by the stipulated time before the close of market hours on the last day of the trading cycle, ICICI Securities have all rights to square off the position on the same day or on any later date. Any such sales may be made at any time at ICICI Securities’s discretion on any exchange or other market where such business is usually transacted, or private sale, or ICICI Securities may be the seller for ICICI Securities’s own account. Clients are responsible for any losses or expenses incurred by ICICI Securities as a result of their failure to make payment/Square off the trade.

6. CALLS FOR ADDITIONAL COLLATERAL AND LIQUIDATION:
If it is considered necessary for its own protection, ICICI Securities may require the Clients to immediately deposit cash or collateral into their account prior to any applicable settlement date in order to assure due performance of their open contractual commitments. If Clients do not provide the additional cash or collateral, Clients hereby understand and acknowledge that ICICI Securities has the right to sell any or all securities and other property in their account, buy any or all securities and other property which may be short in their account, cancel any or all open orders and/or close any or all outstanding contracts. In addition, Clients understand and agree that ICICI Securities may exercise any or all of the above rights without demand for additional cash or collateral, or notice of sale or purchase, or other notice or advertisement. Any such sales or purchases may be made at any time at ICICI Securities’s discretion on any exchange or other market where such business is usually transacted, or at public auction or private sale, or ICICI Securities may be the purchaser/seller for its own account. It is understood that giving of any prior demand or call or prior notice of the time and place of such sale or purchase shall not be considered as a waiver of ICICI Securities’s legal right to sell or buy without any such demand, call or notice.

7. AUTO SQUARE OFF:
Clients agree that ICICI Securities would have the discretion to square off the position of Clients in following circumstances: In case of Margin Trades, if the open position is neither squared off nor converted to Delivery by Clients within the stipulated time. In case of Margin Trades, where Mark to Market Loss on the open position has reached the stipulated %of the margins placed with ICICI Securities and the Clients have not taken any steps either to replenish the margin or reduce the Mark to Market Loss, ICICI Securities would have the sole discretion to decide the above referred stipulated %, depending upon the market conditions. In all other cases where the margin or security placed by the Clients falls short of the requirement or where the limits given to the Clients have been breached or where the Clients have defaulted on their existing obligation Clients agree that although the auto square off trigger point is pre-defined, subsequent to which ICICI Securities could exercise its discretion to carry out the off within a reasonable period of time, the actual execution could happen at a price different from the trigger point and the Clients agree to bear the loss based on actual executed price. ICICI Securities shall also have the right to cancel any or all open orders and/or close any or all outstanding contracts. Clients understand that in case the Auto Square off does not take place due to certain reasons like price band, etc. then ICICI Securities shall exercise the option of CTD (Convert to Delivery). If CTD also fails due to non- availability/shortage of Demat shares, then for the open sale position, the Clients will have to face auction or close out as per the rules of the concerned Exchange. Consequently, Clients will be responsible for any resulting losses and all associated costs including penalty levied by the Exchange. If CTD also fails due to insufficient funds/ no funds, then for the open buy position, the shares will not be delivered to the Clients and ICICI Securities will liquidate the shares anytime and the Clients will be liable for any resulting losses and all associated costs incurred by ICICI Securities.

8. TERMINATION OF SERVICE:
The facility may be withdrawn anytime by ICICI Securities provided the Clients are given reasonable notice under the circumstances. If the service is withdrawn for a reason other than the breach of the terms and conditions by the Clients, ICICI Securities’s liability shall be restricted to the return of the annual charges, if any, recovered from the Clients for the period in question. In case the Demat Account is closed by the client during the year, no pro-rata refund of annual charges will be made. The closure of all accounts of the Clients will automatically terminate the icicidirect.com service. ICICI Securities may suspend or terminate trading facilities without prior notice if the Clients have breached these terms and conditions or ISEC learn of the death, bankruptcy or lack of legal capacity of the Clients.

TERMS & CONDITIONS GOVERNING TRANSACTION WITH ICICI BANK LIMITED
1. The Client shall be entitled to operate his account (referred to as "Web Banking" account or service or "Account") though the use of Web Banking service offered by ICICI BANK which may be withdrawn at any time at the sole discretion of ICICI BANK.

2. ICICI BANK shall endeavour to provide the Client through Web Banking, services such as balance enquiry for his account, transaction details, statement of account, cheque- book request, request for transfer of funds between accounts of the same Client and such other facilities as ICICI BANK may decide to provide from time to time. These facilities shall be offered in a phased manner at the discretion of ICICI BANK. ICICI BANK may also make additions/deletions to the services offered through Web Banking at its sole discretion. The availability/non-availability of a particular service shall be intimated to the Clients though e-mails and/or webpage of ICICI BANK or may be displayed on the Website.

3. ICICI BANK shall take reasonable care to ensure security of and prevent unauthorised access to the Web Banking Service, using technology, reasonably available to it.

4. ICICI BANK shall allot to the Client the Client-Identification and secret passwords or require the usage of digital signatures while opening his account. The Client will be required to change the passwords assigned by ICICI BANK on accessing Web Banking for the first time. ICICI BANK will not be liable in any case wherein the Client has not changed the passwords after he has first been issued to them. As a safety measure the Client shall change the passwords as frequently thereafter as possible.

5. The Client shall at all times comply with such directions/instructions as may be issued by ICICI BANK, including but not limited to the maintenance of a minimum balance in the account, payment of service charges, etc. ICICI BANK may, in its sole discretion, levy penal charges for non-maintenance of the minimum balance as stipulated from time to time. Any change in the fees shall be notified on ICICI BANK's website 15 days prior to the changes taking effect. The Client authorizes ICICI BANK to recover all charges related to Web Banking as determined by ICICI BANK from time to time by debiting the Client's account.

6. All transaction to be executed through the Clients account shall be subject to the availability of sufficient funds and ICICI BANK shall not be liable for any omission to make all or any of the payment or for late payment due to circumstances beyond the reasonable control of ICICI BANK.

7. The Client is responsible for the accuracy of information supplied to ICICI BANK through the use of Web Banking or through any other means such as electronic mail or written communication. ICICI BANK accepts no liability for the consequences arising out of erroneous information supplied by the Client. If the Client suspects that there is an error in the information supplied to ICICI BANK by him or notices an error in the information supplied to him through Web Banking then he shall intimate ICICI BANK as soon as possible and ICICI BANK shall endeavour to correct the same, wherever possible, on a 'best efforts' basis.

8. The Client shall be liable for any loss caused to ICICI BANK due to any unauthorized transactions in the Web Banking account if he has breached any of the terms of usage of Web Banking or contributed or caused the loss in any manner. Provided that nothing contained herein shall be construed in such a manner so as to hold the Client liable for any unauthorised transactions occurring through the use of Web Banking that is attributable, after a due enquiry, to the fraudulent or negligent conduct of employees of ICICI BANK.

9. ICICI BANK shall under no circumstances be held liable by the Client in case of Web Banking access not being available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason beyond its control. Under no circumstances shall ICICI BANK be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on the loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the Client or any other person.

10. The Client agrees that the Bank or its representatives/contractors may hold and process Information pertaining to the Client on computer or otherwise in connection with Web Banking services as well as for statistical analysis and credit scoring. The Client also agrees that the Bank may disclose, in strict confidence, to other institutions, such Client Information as may be reasonably necessary for reasons inclusive of, but not limited to, the following:

(a) For participation in any telecommunication or electronic clearing network;
(b) In compliance with a legal directive;
(c) For credit rating by recognised credit scoring agencies; and/or
(d) For fraud prevention purposes.

11. ICICI Bank shall have the right of set-off, irrespective of any other lien or charge, present as well as future on the deposits held in the Client's Primary account(s), to the extent of all outstanding dues, whatsoever, arising as a result of the Web Banking Service extended to and/or used by the Client.

12. The Client acknowledges that the software underlying the Web Banking Service as well as other Internet related software which are required for accessing Web Banking are the legal property of the respective vendors and the Client shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the service. The permission given by ICICI BANK to access. Web Banking shall not convey any proprietary or ownership rights in the above software.

13. The Client expressly authorizes ICICI BANK to block the amount required to settle the obligations of the Client against the desired limits and in case of the execution of the order, either in part or in full debit the Clients account to the extent necessary to settle the obligations and credit ICICI Securities Account. Client agrees that Client shall not be permitted to withdraw, issue a cheque or otherwise use the blocked/alloacted funds in his account. ICICI BANK reserves all its right to dishonour their instruction/cheque that may be issued against the blocked/allocated amount. Client also understands & agrees that blocking of funds against their order and allocated funds will be given priority over all other instructions or cheques given by either the Client or his authorized representative.

14. The Client agrees that the Bank may prescribe certain additional terms and conditions for the purpose of offering Web Banking service and that the client can utilise such service only after he agrees to abide by all such terms and conditions.
REPRESENTATIONS AND WARRANTIES OF THE CLIENT
1. The Client affirms, and shall continue to affirm every time an order is placed through ICICIdirect.com or an application preferred, as the case may be, that all information provided and the statements made in the Account Opening Form are true and are not misleading (whether by reason of an omission to state a particular fact or otherwise as at the time of completing the Account Opening Form or any time thereafter). The Client agrees that ICICI BANK have agreed to provide to the Client services at icicidirect.com based on the representations contained therein and in this Agreement.

2. The Client has the required legal capacity to enter into this Agreement and is capable of performing his obligations and undertakings hereunder.

3. The Client shall, at all times, be responsible for his investment decisions and/or orders placed, or applications preferred by the Client, either electronically or otherwise. Client shall not hold, nor seek to hold ICICI BANK and/or any of their officers, directors, employees, agents, subsidiaries or affiliates, liable for any loss including but not limited to trading losses incurred by the Client.

4. The Client agrees & authorises ICICI Bank to block any security sold from the designated security account against his order or the order of his power of attorney holder to sell securities. If their order gets executed either fully or partially then the securities sold would be transferred to the ICICI Securities Account & the balance securities, if any, would be unblocked on the trade date. The Client agrees and confirms that ICICI Bank shall not permit the Client to pledge or otherwise use any security that has been blocked by the Client or by its power of attorney holder at any time, and ICICI Bank shall be deemed to have reserved all rights to dishonour any such instruction by the Client.

C. OTHER TERMS

1. The Transactions executed by the Parties pursuant to this Agreement shall at all times be subject to Government Notifications, the relevant statutory rules, regulations, bye laws, customs and/or usage of the concerned regulatory body having jurisdiction over the transaction with respect to the particular Investment Product.

2. Neither ICICI BANK nor any other party disseminating any data/message/information through the Website shall be liable for any inaccuracy, error, omission in or delay in the transmission or delivery of:

(i) Any such data, information or message, or
(ii) Any loss or damage arising from or occasioned by
(iii) Any such inaccuracy, error, delay or omission,
(iV) Non-performance, or
(V) Interruption in any such data, information or message, due to either any act or omission by ICICI BANK or any disseminating party or to any "force majeure" (e.g., flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other cause beyond the reasonable control of ICICI BANK or any disseminating party.

3. All Investment Products now or hereafter held, carried or maintained by ICICI BANK in their possession or control, for any purpose, in or for the benefit of any of Clients accounts, now or hereafter opened, including any account in which Client may have an interest, shall be subject to a lien in favour of ICICI BANK for the discharge of all indebtedness and Client's other obligations to ICICI BANK, and are held by ICICI BANK as security for the payment of any liability or indebtedness of Client's to ICICI BANK in any of said accounts. Client authorises ICICI BANK and ICICI BANK shall have the right to transfer the Investment Products and other property so held from or to any other of Client's accounts at ICICI BANK whenever, in the judgement of ICICI BANK, it is considered that such transfer is necessary for the protection of ICICI BANK. In enforcing ICICI BANK 's lien, ICICI BANK shall have the right and discretion to determine which Investment Products and properties are to be sold and which contracts or positions are to be closed. In the event of a breach or default by Client under this Agreement, ICICI BANK shall have all rights and remedies available to a secured creditor under all applicable law in addition to the rights and remedies provided herein.

4. The Client acknowledges, represents and warrants that he has received/shall receive such passwords or digital signatures, as the case may be, which provides access to the Client's account and that the Client is the sole and exclusive owner and shall be used by him of such passwords or digital signatures, as the case may be, and accept sole responsibility for use, confidentiality and protection of the password or digital signature, as the case may be, as well as for all orders and other information changes entered using such a password or digital signature, as the case may be. Any transaction instruction entered using the passwords or digital signatures, as the case may be, shall be deemed to have been entered by the Client or his duly authorised agents/representatives.

5. The client is aware that the transaction statements which are being provided through icicidirect.com and/or any other website as may be intimated to the client, may be accessed by other entities in case the confidentiality / secrecy of the password is compromised by the client

6. The Client grants express authority to ICICI Bank for carrying out transactions and instructions authenticated by the password provided to the Client. ICICI Bank has no obligations to verify the authenticity of any transaction instruction sent or purported to have been sent from the Client other than by means of verification of the Client's password.

7. The use and storage of any information including, without limitation, the passwords or digital signatures, as the case may be portfolio information, transaction activity, account balances and any other information or orders available on the Client's personal computer is at the Client's own risk and is the Client's sole responsibility. Client is responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the web-site or related services, and for all communications

8. Client understands that ICICI BANK may at any time, at the sole discretion and without prior notice to Client, prohibit or restrict Client's access to the use of the web-site or related services and Client's ability to transact. ICICI BANK may jointly or severally terminate the Client's account at any time for any reason. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed.

9. The Client understands, agrees and authorizes ICICI BANK at their discretion, and without further prior notice to the Client, to monitor and record any or all telephone conversations between the Client on the one hand and ICICI BANK and any of ICICI BANK's employees or agents on the other hand and to monitor the Client's electronic communications conducted with ICICI BANK so as to enable them to maintain an audit trail of all the transactions executed by the Client.

10. The Client shall notify ICICI BANK within seven days, of any change in the details set out in the application form submitted at the time of opening the account or furnished to ICICI BANK from time to time.

11. The Client acknowledges that he is fully aware of the risks involved in online trading activities, including the risk involved due to unauthorized access or any technical difficulties. Client specifically agrees to hold ICICI BANK harmless from any and all claims, and agrees that ICICI BANK shall not be liable for any loss, actual or perceived, caused directly or indirectly by government restriction, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorised access, theft, or any problem, technological or otherwise, or other condition beyond the control of ICICI BANK that might prevent the Client from entering a transaction instruction or ICICI BANK from executing a transaction. Client further agrees that he will not be compensated by ICICI BANK for "lost opportunity" viz., notional profits on buy/sell orders which could not be executed. Furthermore, in a technical environment, should an error occur with respect to the tracking of any account holding or order entry, the true, actual and correct transaction or position will be restored. It is Client's responsibility to ensure account correctness and accuracy and to contact ICICI BANK immediately in respect of any discrepancies.

12. ICICI BANK may at any time amend this agreement, by modifying or rescinding any of the existing provisions or conditions or by adding any new provision or condition, by conspicuously posting notice of such amendment on the web-site or by providing email notice or written notice to Client. The continued use of ICICI BANK 's services after such notice shall constitute acknowledgment and acceptance of such amendment. Certain policies and/or procedures may be further outlined on the ICICI Securities and/or ICICI BANK web-site, if any, and by the Client's use of the web-site and services, the Client agrees to be bound by any and all such postings. The Client may not assign any right and obligations hereunder without first obtaining the prior written consent by an authorised officer of ICICI BANK.

13. ICICI BANK may, however, assign their rights and obligations to any third person without the prior consent of the Client.

14. The Client agrees that the Client would be able to exercise the right to close/freeze any of the accounts with ICICI BANK only if there is no obligation pending to be met by the Client in favour of either ICICI BANK or towards any other third party through ICICI BANK in any form.

15. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not effect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality or enforceability of this Agreement, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the Parties hereunder shall be enforceable to the fullest extent permitted by law.

16. The Client shall at all times continue to be responsible for any transaction ordered on his accounts prior to the cancellation of the services. If the service is withdrawn for a reason other than the breach of the terms and conditions by the Client, the liability of ICICI BANK shall be restricted to the return of the annual charges, if any, recovered from the Client for the period in question. The Client agrees that incase the Demat Account is closed by the Client during the year, no pro-rata refund of annual charges will be made. The closure of the bank/demat accounts of the Client shall automatically terminate the web based brokerage service facilitated by ICICIDirect.com. ICICI BANK may suspend or terminate trading facilities without prior notice if the Client has breached these terms and conditions or it learns of the death, bankruptcy or lack of legal capacity of the Client.

17. No forbearance, relaxation, failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

18. ICICI BANK may in their sole discretion close the accounts of the Client in the event of death or insolvency or lack of legal capacity of the client.

19. ICICI Bank may, in its discretion, send any document that is obligatory to be sent to the Client by means of an electronic communication, with the possible exception of graphic insertions such as photographs or logotypes this electronic communication may be in the form of e-mail or an email attachment or displayed at the Website. Every document so sent or displayed shall contain all such information as is mandated by the concerned statutory and/or regulatory authority. ICICI Bank would be deemed to have fulfilled its legal obligation to deliver a document to the Client, if it is sent or displayed by the electronic mode. The Client shall download the said document(s) regularly and also promptly on intimation of a notice, if any, of its display. Provided that on a request being made by the Client, due to a difficulty experienced by the Client in viewing the same, ICICI Bank may in its discretion make the required delivery by such other means, as it may deem appropriate. The document shall be deemed to have been duly delivered and its content accepted by the Client if there is no intimation received by ICICI Bank within twenty-four hours from the date of delivery or display of the document.

20. ICICI Bank shall at no time be deemed to be liable to the Client for any losses, liabilities and/or expenses arising from or out of the claims of any other party including any liability in the nature of any statutory charge, fees or tax in respect of securities credited to the Client's account.

21. The Client shall cause to be submitted, all necessary documents including the status of the securities, that may be necessary for the legal transfer of securities, which require regulatory permissions for their transfer, if any to ICICI Bank. The transfer of these securities shall be subject to a clear legal title and such other delays as may be occasioned due to the processing of such securities. All costs associated with the compliance or failure to comply with the necessary regulatory requirements shall be sole responsibility of the Client.

22. ICICI Bank shall at no time be under any obligation to notify the Client of any upcoming expiration or redemption date or to take any action in relation to certain securities including but not limited to options, warrants, stock purchase rights, convertible securities, bonds and securities subject to a tender or exchange offer, which grant the holder thereof valuable rights that may expire unless the holder thereof takes a particular action. The Client shall be deemed to absolve ICICI Bank from any statutory requirements, legal requirements and / or applicable rules of regulatory authorities.

23. ICICI Bank will also not be responsible for the title, validity or genuineness of any securities, which have been dematerialised and notified subsequently by the registrar of any defects in its title/validity, which has resulted in a reduction of the dematerialised holdings in their account.

24. This Agreement shall at all times take effect as having been made, entered into and to be performed in the city of Mumbai and ICICI BANK and the Client shall be deemed to have submitted to the exclusive jurisdiction of the courts/appropriate forums of/at Mumbai, for the purpose of giving effect to the provisions of this Agreement.

25. The Client understands that the terms and conditions governing a specific investment product or service will be binding on the Client only if such product or service is made available to the client and the Client trades in that investment product or avails of that particular service.

26. The Client hereby agrees to indemnify ICICI BANK for any loss, liability, costs or damages that may be incurred by all or any of them due to a breach of any of the Client obligations under this Agreement.

27. The instructions issued by an authorised representative of the client shall be binding on the client in accordance with the letter authorising the said representative to deal on behalf of the client.
TERMS AND CONDITIONS GOVERNING THE USE OF WEB BANKING SERVICE DEFINITIONS
Web Banking is ICICI BANK’s Internet Banking Service, which provides access to account information, products and other services as advised by ICICI BANK from time to time to its Clients through the Internet. The words “Web Banking” and “Web Banking Service” are used interchangeably in this document. Web Banking Account refers to the Clients’ bank account so designated by ICICI BANK to be eligible account(s) for operations through the use of Web Banking. One of these accounts will be designated as primary account. All other accounts (if any) of the Clients will be called Secondary Account(s). Personal Information refers to the information about the Clients obtained in connection with the WEB Banking Service. Terms refer to Terms and Conditions for use of Web Banking as specified in this document.

1. APPLICABILITY OF TERMS:
These Terms form the contract between the Clients and the ICICI BANK. By applying for Web Banking and accessing the service the Clients acknowledge and accept these Terms. These Terms will be in addition to and not in derogation of the terms and conditions relating to any account of the Client.

2. WEB BANKING ACCESS:
In addition to Clients Id and Password ICICI BANK may, at its discretion, advise the Clients to adopt such other means of authentication including but not limited to digital certification and/or smart cards. The Clients shall not attempt or permit others to attempt accessing the account information stored in the computers of ICICI BANK through any means other than the Web Banking Service.

3. MINIMUM BALANCE AND CHARGES:
ICICI BANK may withdraw the Web Banking facility, if at any time the amount of deposit falls short of the required minimum as aforesaid and/or if the service charges remain unpaid, without giving any further notice to the Clients and/or without incurring any liability or responsibility whatsoever by reason of such withdrawal.

4. FUNDS TRANSFER:
The Clients shall not use or attempt to use Web Banking for funds transfer - as and when the facility is made available - without sufficient funds in the relative Web Banking account or without a pre-existing arrangement with ICICI BANK for the grant of an overdraft. ICICI BANK will endeavour to effect such funds transfer transactions received through Web Banking provided there are sufficient funds available in the Clients’ account. ICICI BANK shall not be liable for any omission to make all or any of the payment or for late payment due to circumstances beyond the reasonable control of ICICI BANK.

5. AUTHORITY TO ICICI BANK:
Banking transactions in the Clients’ Web Banking account(s) are permitted through Web Banking only after authentication of the Clients-Id and password of the Clients. The Clients grant express authority to ICICI Bank for carrying out the banking transactions performed by them through Web Banking. ICICI BANK shall have no obligation to verify the authenticity of any transaction received from the Clients through Web Banking or purporting to have been sent by the Clients via Web Banking other than by means of verification of the Clients-Id and the password. The display or printed output that is produced by the Clients at the time of operation of Web Banking is a record of the operation of the Internet access and shall not be construed as ICICI Bank’s record of the relative transactions. ICICI Bank’s own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless any discrepancy is pointed out within a week from the date of sending the periodical statement to the Clients or the updation of the passbook.

6. ACCURACY OF INFORMATION:
If the Clients notice an error in the account information supplied to them through Web Banking or by the use of any of the Web Banking services, they shall advise ICICI BANK as soon as possible. ICICI Bank will endeavour to correct the error promptly and adjust any interest or charges arising out of the error.

7. LIABILITY OF THE CLIENTS AND ICICI BANK:
The Clients shall not be liable for any unauthorised transactions occurring through the use of Web Banking that can be attributed to the fraudulent or negligent conduct of the employees or agents of ICICI BANK. If the Clients have complied with the terms and advises ICICI BANK in writing under acknowledgement immediately after they suspect that their Clients Id or password is known to another person and/or notices an unauthorised transaction in the Web Banking account, they shall not be liable for losses arising out of the unauthorised transactions occurring in the Web Banking accounts after the receipt of such advice by ICICI BANK. The Clients shall be liable for some or all loss from unauthorised transactions in the Web Banking accounts if they have breached the terms or contributed or caused the loss by negligent actions such as the following: Keeping a written or electronic record of Web Banking password. Disclosing or failing to take all reasonable steps to prevent disclosure of the Web Banking Clients-Id or password to anyone including ICICI BANK staff and/or failing to advise ICICI BANK of such disclosure within reasonable time. Not advising ICICI BANK in a reasonable time about unauthorised access to or erroneous transactions in the Web Banking accounts. ICICI BANK shall not be liable for any unauthorised transactions occurring through the use of Web Banking that can be attributed to the fraudulent or negligent conduct of the Clients.

8. NON-TRANSFERABILITY:
The grant of facility of Web Banking to a Clients is not transferable under any circumstances and shall be used only by the Clients.

9. PURCHASE OF SECURITIES:
Clients agree & authorise ICICI BANK to block the required amount in the designated Bank account against their desired limits and settlement obligations. If its order gets executed either fully or partially then the amount equal to their obligation would be transferred to ICICI Securities Account on Settlement date. Clients agree that Clients will not be allowed to withdraw, issue a cheque or otherwise use the blocked funds in their account. ICICI BANK reserves all its right to dishonour their instruction/cheque issued against the blocked amount. Clients also understand & agree that Blocking of funds against their order will be given first priority to their other instruction or cheques, if any.
TERMS AND CONDITIONS FOR THE ISSUE AND USE OF DEBIT CUM ATM CARD.
(Hereinafter referred to as ATM Card)
12. MEANING OF CERTAIN TERMS:
The term "Bank" refers to "ICICI Bank Ltd". "ATM" refers to the Automated Teller Machines installed by the bank. "Card Holder" refers to a Client/s who have been issued an ICICI Bank ATM Card .

13. ICICI BANK ATM CARD ISSUANCE:
An account holder may be issued an ICICI Bank ATM Card by the Bank at its discretion if he has satisfactorily conducted savings and/or current account and/or any other type of account so designated by the bank to be eligible account(s) for operations through the use of ICICI Bank ATM Card. The account holder shall give his preference of such account(s) held by him in writing in the relationship form for issue of ICICI Bank ATM Card. A minor's account or an account in which a minor is a joint account holder is not eligible for issue of ICICI Bank ATM Card. There may be more than one such account in which case one account shall be designated as " Primary Account" and the others as " Secondary Account at the option of the cardholder.

14. ICICI BANK ATM CARD:
ICICI Bank ATM Card shall be issued to an approved account holder in respect of his account to enable him to operate the ATM.

15. ATM FACILITIES:
The facilities offered under ATM facility shall be withdrawal of cash by the cardholder from his account up to a stipulated amount limit only during a cycle of 24 hours, deposit of cash and cheques in the account, balance enquiry of his account(s), cash/cheque deposits, requisition for an account statement, request for change of PIN number, Cheque- book issue request, request for transfer of amount from the primary account to the secondary account(s) or vice-versa and such other facilities as the bank may decide to provide, from time to time.

16. MINIMUM BALANCE IN PRIMARY ACCOUNT:
The cardholder shall maintain, at all times, such minimum balance in his account, as the Bank may decide from time to time and the Bank may at its discretion levy such penal or service charges as per the Bank's rules from time to time, or withdraw the ATM facility, if at any time the amount of deposit falls short of the required minimum as aforesaid, without giving any further notice to the cardholder(s) and/or without incurring any liability or responsibility whatsoever by reason of such withdrawal.

17. FEES:
ll fees related to the ATM facility as determined by the bank from time to time may be recovered by debiting the cardholder's primary account. In case of insufficient balance in the aforesaid account, any of the secondary accounts as may have sufficient balance, may be debited.

18. BANK'S LIEN:
The bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the deposits held in the cardholder's primary account and/ or, secondary account(s) or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the ICICI Bank ATM card services extended to and/or used by the cardholder.

19. MULTIPLE CARDS:
In case of joint account(s) either or survivor/anyone or survivor where more than one person has been issued ICICI Bank ATM Card, all the card-holders put together, shall withdraw only upto the permissible limit allowed to single card account(s) within the cycle time of 24 hours.

20. NON TRANSFERABILITY:
ICICI Bank ATM Card is not transferable under any circumstance and shall be used only by the cardholder.

21. PERSONAL IDENTIFICATION NUMBER:
Each cardholder will be issued a sealed envelope containing a four digit number called "Personal Identification Number" (PIN) to gain access to the ATM services. This number can be changed to any other convenient four digit number by the cardholder at the ATM. The PIN shall under no circumstances be revealed to any third party. The cardholder shall be solely responsible for the consequences arising out of the disclosure of his PIN and/or unauthorised use of ICICI Bank ATM Card and shall be liable for any increased liability which he may incur on account of unauthorised use of the pin and ICICI Bank ATM Card. If the cardholder forgets the PIN, he/she should make an application in writing for a fresh PIN. The selection of a new Personal Identification Number and/or the replacement of ICICI Bank ATM Card shall not be construed as the commencement of a new contract.

22. FUNDS IN THE ACCOUNTS:
The cardholder should not use or attempt to use ICICI Bank ATM Card without sufficient funds in the account he wants to operate through the card.

23. LOSS / THEFT OF CARDS:
The cardholder shall be responsible for the safe custody of ICICI Bank ATM Card. In case of loss or theft of the ICICI Bank ATM Card, the cardholder shall advise any of the Branches, of ICICI Bank preferably the ATM Card issuing branch as promptly as possible in writing, of the loss of ICICI Bank ATM Card, howsoever occurring. The cardholder shall however be responsible and liable for all transactions effected by the Client/s of the card until it is confiscated/cancelled. Another ICICI Bank ATM Card will be issued to the cardholder in lieu of lost/stolen ICICI Bank ATM Card, upon request in writing and payment of issue fee.

24. AUTHORITY TO DEBIT THE ATM LINKED ACCOUNT:
The cardholder alongwith the joint account holder(s), if any, shall authorise the bank to debit the account(s) with the amount of withdrawals, or transfers effected by the use of ICICI Bank ATM Card, as per the Bank's records. The Bank's record for transactions processed by the ATM machine shall be binding on all the joint account holders, jointly and severally.

25. DEPOSITS:
The amount of cash/cheque deposits shall be verified by two members of the Bank's staff, one of who will be an officer. The amount verified by the Bank shall be deemed to be the correct amount deposited by the cardholder. The statement issued by the ATM at the time of deposit only represents what the cardholder purports to have deposited and will not be binding on the bank. If there are soiled, mutilated notes in such deposits, the acceptance of such deposits shall be subject to final acceptance and reimbursement by RBI as per the note refund rules. Cheques will be accepted for collection only and the proceeds will not be available until they have been cleared. Deposits of foreign currency cash/cheques/spoiled and mutilated notes or any other deposits that are unacceptable, shall be returned, at the cardholders cost, risk and responsibility.

26. RESPONSIBILITY FOR ALL TRANSACTIONS THROUGH THE ATMs:
Operations through the ATM facility on the cardholders account(s) can only be through the use of ICICI Bank ATM Card on the machine. The cardholder shall in all circumstances, accept full responsibility for all transactions processed by the use of his ICICI Bank ATM Card, whether or not processed with the cardholder's knowledge or authority, express or implied. The printed output that is produced at the time of operation of the ATM is a record of the operation of the ATM and shall be construed as the Bank's records. The Bank's records of transactions shall be accepted as conclusive and binding for all purposes.

27. CLOSURE OF ACCOUNT(S):
If the cardholder desires to close his account(s) or withdraw any ICICI Bank ATM Card linked deposit, or even otherwise decides to terminate the use of the ICICI Bank ATM Card facility, he shall give a written notice of at least two days and surrender ATM Card to the Bank. The cardholder shall also pay dues, if any, payable to the Bank in connection with the ATM facility.

28. CHANGE OF TERMS AND CONDITIONS:
The bank has the absolute discretion to withdraw the ICICI Bank ATM Card, the services thereby provided, or amend or supplement any of the above terms and conditions at any time without prior notice to the cardholder.

29. HONOURING THE CARD:
The Bank shall in no circumstances be held liable to the cardholder if ICICI Bank ATM Card is not honoured in the desired manner for whatsoever reason, or if the ATM is destroyed or not functioning due to power failure, temporary insufficiency of cash in the ATM or any other reason. The Bank will not be liable for any consequential or indirect loss or damage arising therefrom.

30. OWNERSHIP OF ICICI BANK ATM CARD:
ICICI Bank ATM Card shall be the property of the Bank and will be surrendered to the Bank on request or in the event of the cardholder no longer requiring the service. The Bank reserves the right to disclose, in strict confidence, to other institutions, such information concerning the cardholder's account as may be necessary or appropriate in connection with its participation in any ATM or electronic fund transfer network.

TERMS & CONDITIONS GOVERNING TRANSACTIONS IN DEMATERIALISED SECURITIES
1. “CONTROL” OR “RESTRICTED” SECURITIES:
Even if the necessary documents are furnished in a timely manner, there may be delays with the processing of such documents / instructions relating to the securities. ICICI Securities, at its sole discretion, may require that such securities not be sold/bought or transferred until they are in fact legally transferable. Clients are responsible for all costs associated with compliance or failure to comply with all the regulatory require- ments.

2. CLIENTS’ RESPONSIBILITY REGARDING CERTAIN SECURITIES:
Certain securities may grant the holder thereof valuable rights that may expire unless the holder takes action. These securities include, but are not limited to, options, war- rants, stock purchase rights, convertible securities, bonds and securities subject to a tender or exchange offer. Clients are responsible for knowing the rights and terms of all securities in their account. If, due to a reorganisation or book keeping or data entry error, Clients sell more shares of a security than Clients own, then DEPOSITORY PAR- TICIPANT will not be responsible for any losses Clients may incur.
GENERAL TERMS AND CONDITIONS/REPRESENTATIONS AND WARRANTIES.
1. The Clients agree to indemnify and hold ICICI Securities, ICICI BANK and DEPOSI- TORY PARTICIPANT 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 the Web Banking, digital signatures, user ID and password by the Clients or its authorised users.

2. The Client represents to ICICI (which representations will be deemed to be repeated by the Client on each date on which a Transaction is entered into) that: -

(i) The Client has the power to perform its obligations hereunder and has taken all necessary action to authorise such execution, delivery and performance;
(ii) It shall be the sole responsibility of the Client to comply with all the internal ap- provals if any for entering into Transactions as may be required.
(iii) Such execution, delivery and performance does not violate or conflict with any law applicable to it and/or any regulatory requirements, any provision of its consti- tutional documents, any order or judgment of any court or other agency of gov- ernment applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets;
(iv) There is not pending or, to its knowledge, threatened against the Client any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official or any arbitrator that is likely to affect the legality, validity or enforceability against it of these Terms and Conditions or its ability to perform its obligations; and
(v) All applicable information that is furnished in writing, by or on behalf of the Client, to ICICI Securities is, as of the date of the information, true, accurate and com- plete in every material respect. Provided that the Client shall intimate ICICI Securities of any change in any regulatory requirements, the effect of which may be to restrict or prohibit the Client from executing any Transaction.
I/we have read and accepted the above terms and conditions.
TERMS & CONDITIONS GOVERNING ONLINE INVESTING IN MUTUAL FUNDS
The following are the specific terms and conditions relating to investment in MUTUAL FUNDS through the Website. In case the same are not acceptable, please do not invest in MUTUAL FUNDS through this Website and please do not avail of any of the facilities offered. The acceptance of all the Terms mentioned herein and the terms and conditions contained in the Client Agreement are a prerequisite for investing in MUTUAL FUNDS.

1.Definitions
“Unit” shall mean the interest of an investor, which consists of one undivided share in the Net Assets of the Scheme.
“Net Asset Value (NAV)” of the Units of the Scheme will be computed by dividing the net assets of the Scheme by the number of Units outstanding on the valuation date.
“Purchase” shall mean subscription to the units of the various schemes of the Mutual Fund.
“Redemption” shall mean sale of the units of the various schemes of the Mutual Fund.
“Switch” shall mean an option to the investor to shift the Client’s existing investment in any of the schemes of the Mutual Fund to another scheme of the Mutual Fund.
“Systematic Investment Plan (SIP)” or “Automatic Investment Plan (AIP)” shall mean an option available to the investor for investing in a specified frequency of months in a specified scheme of the Mutual Fund for a constant sum of investment.
“Systematic Withdrawal Plan (SWP)” or “Automatic Withdrawal Plan (AWP)” shall mean a facility provided to the investor to withdraw a pre-determined amount in a specified frequency of months from a specified scheme of the Mutual Fund.
“Load” shall mean a charge, which the Asset Management Company (AMC) may collect on entry and/or exit from a scheme.
“Website” shall mean icicidirect.com and other sites maintained by ICICI Securities from time to time to offer on-line investment and trading in various financial products to its present and prospective Clients, through different media including but not limited to the Internet, IVR, CallNTrade, WAP, physical outlets, kiosks etc.

2. The Client is requested to check the correctness of the details provided. Neither ICICI Securities nor any of the Mutual Funds chosen shall accept any liability which may arise as a consequence of the erroneous information provided by the client.

3. The units of the schemes shall be allotted, redeemed or switched, as the case may be, at the Net Asset Value (NAV) prevalent on the date of the application, if the application for purchase, redemption or switch is received by the Fund before the cut-off time as specified on the website and consistent with the terms of the Scheme. ICICI Securities shall take all necessary action to ensure that the NAV allotted is the NAV applicable on the date of the transaction. However ICICI Securities shall not be liable for any loss that may arise to the client as a result of the correct NAV not being allotted to the client’s transactions on the website.

4. Any request falling due on a holiday would be processed on the next business day and respective NAV would be applicable as per the Mutual Fund’s offer document.

5. ICICI Securities or the concerned Mutual Fund or their respective registrars shall not entertain any offline transaction requests.

6. In the case of Systematic Investment Plan (SIP) or Automatic Investment Plan (AIP) in the absence of sufficient allocated funds, unallocated funds to the extent available shall also be utilised. In the absence of sufficient funds, both allocated and unallocated, no investment shall be made for that particular period.

7. For change of address or any other details of the client, the Client shall cause to be sent by fax or hand delivery along with requisite proof, to ICICI Securities a letter duly signed by the client, intimating ICICI Securities of the necessary changes in the ad- dress/ details or shall change the same, where permitted, through online change of profile after duly logging in using the user id and / or password and the same shall be a valid intimation of the change.

8. ICICI Securities shall send a physical copy of the transaction statement or the ac- counts statement to the client on a monthly basis. The client can view the same on the website.

9. The Client service team of ICICI Securities shall handle all Mutual Fund related queries of the client.

10. The Client undertakes to read all the relevant offer documents and terms and conditions of all schemes of all mutual funds offered through ICICI Securities, before entering into any transactions through ICICI Securities.

11. After the first purchase transaction, the client will not be permitted to transact for a period of 4 to 7 business days, depending upon the processing time of the Mutual Fund’s Registrar. ICICI Securities does not accept any liability for delay in processing time at the Mutual Fund’s or Registrar’s end.

12. It is explicitly stated herein that the Mutual Fund schemes offered online, have not been recommended by ICICI Securities, nor have been sponsored by ICICI Securities, or its affiliates or its sponsors.

13. Neither ICICI Securities, nor any of the Mutual Funds shall be liable for any failure to perform its obligations, to the extent that such performance has been delayed, hin- dered or prevented by systems failures, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot or civil commotion and war.

14. ICICI Securities shall provide its services on a best effort basis. However ICICI Securities shall not be liable for failure of the system or for any loss, damage or other costs arising in any way out of:
a) System failure including failure of ancillary or associated systems, or fluctuation of power, or other environmental conditions; or
b) Accident, transportation, neglect, misuse, errors, frauds of the clients or agents or any third party; or
c) Any fault in any attachments or associated equipment of the clients; or
d) Any incidental, special or consequential damages including without limitation of loss of profit.
The client further agrees to indemnify ICICI Securities for any loss that may arise as a result of system failure, accident or any of the reasons mentioned above.

15. For all correspondences with ICICI Securities, the client shall quote the I-direct ac- count no.

I/we have read and accepted the above terms and conditions.
TERMS AND CONDITIONS GOVERNING INVESTMENT IN FIXED DEPOSITS.
The following are the specific terms and conditions relating to investing in Fixed Deposits (hereinafter referred to as “FD”) through the Website, In case the same are not acceptable, please do not invest in FDs through this Website and please do not avail of any of the facili- ties offered. The acceptance of all the Terms mentioned herein and the terms and conditions contained in the Client Agreement are a prerequisite for investing in FDs.

1. Definitions:
“FD Issuer” shall mean the corporate whose Fixed Deposit the Client has invested in.
“Standard Interest Date” shall mean the date on which interest is payable by the FD issuer or the date on which interest falls due. “Website” shall mean icicidirect.com and other sites maintained by ICICI Securities from time to time to offer on-line investment and trading in various financial products to its present and prospective Clients, through different media including but not limited to the Internet, IVR, CallNTrade, WAP, physical outlets, kiosks etc.
“CallNTrade” shall mean the facility provided by ICICI Securities to the Clients, through an Independent Service Provider, whereby the Client can place order(s) over the phone for transactions in securities, to be executed by ICICI Securities, in those securities that are made available to the Client for trading and investment by ICICI Securities.

2. The Client’s transaction instruction for an investment in a FD shall at all times be subject to the same being processed by the FD Issuer and at no point of time shall ICICI Securities be liable for any reason whatsoever due to which the said transaction in- struction may not be executed. The Client may purchase, redeem and prematurely withdraw the FD using the facilities offered by ICICI Securities. Provided that a trans- action instruction of the Client shall at all times be subject to the Companies Acceptance of Deposits Rules, 1975 or the Non-Banking Financial Companies, Acceptance of Public Deposits (Reserve Bank) Directions, 1998 or any other regulations as applicable from time to time and the terms and conditions subject to which the FDs are issued by the FD Issuer.

3. The Client hereby declares that the Client has read, understood and accepted the con- tents of the terms and conditions mentioned in the Offer Documents of the relevant FD schemes and agrees and undertakes not to hold the FD issuer and/or ICICI Securities liable for any transaction instruction processed on the basis of information provided by ICICI Securities in good faith on behalf of the Client.

4. For conducting any transaction on the Website for investment in FD, the Client shall select the FD scheme and tenure in which to invest and the same shall be executed based on the electronic instruction, telephonic instruction or the instruction put in by the Client through such other facility as may be made available to the Client by ICICI Securities from time to time. Execution of a transaction instruction for a particular scheme of FD shall be contingent upon the availability of that particular scheme of FD at the time of investment. Neither ICICI Securities, any of its affiliates, nor the FD Issuer shall be responsible for the non-availability of that particular FD scheme at the time of investment by the Client. In case of the Client’s instruction being for investment in FD at a future date, the rate of interest that will be applicable to the Client will be the rate of interest prevailing on such future date, irrespective of rate of interest on the date on which the order has been placed by the Client.

5. It shall be the Client’s responsibility to ensure that any information made available by the Client to ICICI Securities is true, accurate and free from error. Neither ICICI Securities and/or any of its affiliates, nor any of the FD Issuers shall be responsible for any erroneous information, or any omission in the information that is provided by the Client.

6. The Client should note that any transaction instruction falling due on a holiday would be processed on the next business day.

7. The funds of the Client shall be transferred back to the Clients bank account in case the Client’s transaction instruction is not executed for any reasons whatsoever. The FD Issuer would have the right to reject all or any of the transaction instructions received from the Client, irrespective of whether the transaction instruction is for sale, purchase or redemption of the FD.

8. The Client understands and agrees that redemption of the investments in FD through the Website will be allowed only through icicidirect.com and / or such Website as may be intimated by ICICI Securities in its sole discretion. Such redemption shall not be done through any other Website or other medium meant for the said purpose.

9. The Client expressly authorises and permits ICICI Securities to deal with and wherever possible, resolve all/any queries grievances, issues that the Client may have.

10. The Client also authorises and permits ICICI Securities to conclude such commercial arrangements or enter into such relationships with the FD Issuer as may be conducive to the carrying on of ICICI Securities’s business.

11. The Client shall at all times receive a consolidated TDS certificate folio wise for the year from the FD Issuer.

12. The Client hereby authorizes ICICI Securities to apply for and make available to the FD Issuer all such information as may be required for the purpose of issuing FDs. All intimation, communications due from the FD Issuer to the Client shall at all times be sent to ICICI Securities and ICICI Securities shall in turn ensure that the same is displayed on the Website and/or sent to the Client.

13. ICICI Securities shall receive and hold all FD Receipts and/or any other statutory communication, which may have to be sent by the FD Issuer to the Client, on behalf of the Client, unless statutory guidelines mandate that the same be delivered to the Client. In pursuance of the above, the Client authorises ICICI Securities to receive the statement of account and other documents pertaining to its investment in FD and to acknowledge receipt of the same on behalf of the Client. ICICI Securities shall send a computerised statement confirming the investment in FD by the Client. The Client will also be able to view the status of the FD investments on the Website.

14. The Client agrees and authorises ICICI Securities to collect, receive and give good and effectual receipts and discharges for any sum including but not limited to interest and redemption proceeds, arising from the investment in FD by the Client.

15. ICICI Securities shall be the sole contact point for the Client and all details shall remain with ICICI Securities.

16. In case of the Client Agreement being terminated for any reason whatsoever, the Client shall intimate ICICI Securities in writing of the said termination and ICICI Securities shall in turn cause the same to be sent to the FD Issuer so as to enable the Client to deal directly with the FD Issuer in all future transactions.

17. The Client shall cause to be sent by fax or hand delivery along with requisite proof, to ICICI Securities a letter duly signed by the client, intimating ICICI Securities of the necessary changes in the address/ details or shall change the same, where permitted, through online change of profile after duly logging in using the user id and / or password and the same shall be a valid intimation of the change.

18. ICICI Securities does not undertake any responsibility to provide any additional benefits or products that are advertised and provided by the FD Issuers as a part of their promotional schemes. The same shall at all times be regulated by such terms and conditions as may be stipulated by the FD Issuer from time to time and ICICI Securities and/or any of its affiliates shall at no point of time be held responsible/liable for the same.

19. For all correspondences with ICICI Securities the Client shall be required to quote I- direct account number.

I/we have read and accepted the above terms and conditions.
TERMS AND CONDITIONS GOVERNING CallNTrade FACILITY.
The following are the specific terms and conditions relating to the Call and Trade facility (hereinafter referred to as “CallNTrade”) being offered to the Clients by ICICI Securities through an Independent Service Provider. In case the same are not acceptable, please do not use this facility. The acceptance of the terms as mentioned herein and the terms and conditions contained in the Client Agreement are a prerequisite for availing of this facility.

1. Definitions:
“CallNTrade” shall mean the facility provided by ICICI Securities to the Clients, through an Independent Service Provider, whereby the Client can place order(s) over the phone for transactions in securities, to be executed by ICICI Securities, in those securities that are made available to the Client for trading by ICICI Securities.
“CSE” shall mean the Customer Service Executive appointed for the purpose of providing the CallNTrade facility.
“Independent Service Provider” shall mean the company, which shall provide the call centre(s) facility to the Clients on these terms and conditions.
“Token” shall mean an instrument designed to generate a six-digit number every 60 seconds at random, which the Client may opt to purchase from ICICI Securities for the purpose of certifying the Client’s genuineness while placing the orders over the phone.
“Website” shall mean icicidirect.com and other sites maintained by ICICI Securities from time to time to offer on-line investment and trading in various financial products to its present and prospective Clients, through different media including but not limited to the Internet, IVR, CallNTrade, WAP, physical outlets, kiosks etc.

2. For the purpose of availing of CallNTrade, the Client will be required to call on the specific numbers intimated or notified from time to time by ICICI Securities for the said purpose by means of an email and/or by putting up such numbers on the Website or otherwise. Such numbers will be subject to changes at ICICI Securities’s sole discretion, which change shall be intimated/notified to the Client within reasonable time of such a change.

3. In case the Client opts to purchase a token for CallNTrade the Client shall give the pin number that is allotted to the Client by ICICI Securities, along with the log number that is randomly generated on the Token. This will be required for the purposes of validating the Client’s identification details and ascertaining the genuineness of the caller. However in the event the Client does not opt for the token facility, the Client will need to provide accurate answers to the questions asked by the CSE, including the Clients user id, for ascertaining the genuineness of the caller. ICICI Securities shall place the order for the Client only after the Client’s credentials have been verified by the CSE in the above manner.

4. The Client hereby authorises ICICI Securities to use the user-id made available by it for the purpose of executing the orders placed by the Client over the phone and agrees to hold ICICI Securities harmless for any such usage. All orders placed by ICICI Securities on behalf of the Client using the Client’s user id shall be deemed to have been placed by the Client himself.

5. The orders placed by the Client with the CSE for execution shall be orders for execution on the National Stock Exchange or such other stock exchanges as notified by the Client at the time of placing order.

6. The Client shall place the orders during market hours with the CSE for execution on the same trading day. All orders placed by the Client after market hours shall be entered for execution by ICICI Securities on the next trading day of the National Stock Exchange or such other stock exchanges notified from time to time by ICICI Securities, for this purpose.

7. The Client understands, agrees and authorises ICICI Securities at its discretion and without further prior notice to the Client, to monitor and record any or all telephone conversations between the Client on one hand and the CSE on the other so as to ensure the maintenance of an audit trail of the transactions placed through this facility.

8. The Client must note that for security reasons, the Client will be required to call and place the required orders over the phone in accordance with the terms hereof.

9. Neither ICICI Securities nor the CSE shall accept any liability that may arise as a consequence of the incomplete /incorrect data or information provided to the CSE over the phone and/or any error in the execution of an order due to such incomplete/incorrect data. Further neither ICICI Securities nor the CSE shall be liable for any loss that may be incurred by the Client due to a third party placing orders through CallNTrade after getting hold of the Client’s personal identification details.

10. The Client will be required to pay an amount per call (which amount shall be intimated to the Client from time to time by display of the same on the website or by way of an email or otherwise), made towards CallNTrade, being the service charges, for this facility payable to the Service Provider. ICICI Securities shall recover this amount from the client on behalf of the Service Provider, by means of a direct debit to the Client’s bank account maintained by the Client with ICICI BANK for online share trading. The Client agrees and permit ICICI Securities to debit the Client’s bank account for the payment of the above mentioned charges on the Client’s behalf. The said charges would be payable irrespective of whether an order is placed over the phone or the order placed, if any, was executed. ICICI Securities shall, on behalf of the Independent Service Provider, recover the money on a monthly basis for the CallNTrade facility from the Client and pay to the Service Provider.

11. The above mentioned service charges for the CallNTrade facility are exclusive of the applicable brokerage charges payable to ICICI Securities for the executed orders of the Client that have been placed by the Client over the phone using CallNTrade. The Client is required to check the Fee schedule on the Website for the purposes of knowing the applicable brokerage charges.

12. Once the orders are placed by the Client over phone and are sent by ICICI Securities to the Exchange for execution, the Client may check the status of such orders, online on the website, in the same manner as in the case of online share transactions placed by the Client through the Website.

13. The Client hereby agrees to hold ICICI Securities and the CSE harmless against all actions, claims and liabilities that may be incurred by the Client due to any action initiated or threatened that may be initiated against them due to the performance of any of their obligations herein and agrees that ICICI Securities and the CSE shall not be liable for any loss suffered by the Client on account of non execution of the order placed over the phone due to any reason whatsoever.
I/we have read and accepted the above terms and conditions.
TERMS AND CONDITIONS GOVERNING THE “PORTFOLIO ALERTS FACILITY.
The following are the specific terms and conditions relating to the “Portfolio Alerts Facility” being offered to the Clients by ICICI Securities through an Independent Service Provider. In case the same are not acceptable, please do not use this facility. The acceptance of the terms as mentioned herein and the terms and conditions contained in the Client Agreement are a prerequisite for availing of this facility.

1. Definitions:
“Open Request” shall mean Pull Alerts which have not been executed by ICICI Securities or which have not been cancelled by the Client.
“Pull Alerts facility” shall mean the subscription based Portfolio Alerts Facility provided by ICICI Securities through which the Client may receive Pull Alerts on the Client’s mobile phone.
“Pull Alerts” shall mean the receipt of information by the Client of a particular scrip on the Exchanges meeting the condition specified by the Client as available on the “Website” of ICICI Securities, “Push Alerts” shall mean the receipt of information by the Client other than the information sent through the Pull Alerts Facility, which ICICI Securities voluntarily sends to its Clients as and when it deems fit.
“Website” shall mean icicidirect.com and other sites maintained by ICICI Securities from time to time to offer on-line investment and trading in various financial products to its present and prospective Clients, through different media including but not limited to the Internet, IVR, CallNTrade, WAP, physical outlets, kiosks etc.” Website” shall refer to
“ICICIDirect.com” or such other website as may be maintained by ICICI Securities from time to time.

2. ICICI Securities shall provide the Client with such number of Pull Alerts as ICICI Securities may in its sole discretion determine. In the event of ICICI Securities deciding to charge the Client as decided by ICICI Securities from time to time per Pull Alert sent, it shall intimate the Client of the same by email and may debit the Client’s bank account maintained for the purposes of online trading on a monthly basis, such sums as may be due to it hereunder for providing the said Pull Alerts. ICICI Securities reserves the right to modify the said charges from time to time, or discontinue this service at any time without assigning any reasons for the same. Provided that ICICI Securities shall intimate the Client, the modified charges and/or any change in the same either through an e-mail or Push Alerts and by putting up the said charges and/or changes to them on the Website. It shall be the Client’s responsibility to maintain adequate balance in the Client‘s account so as to enable ICICI Securities to debit the Client’s Bank account for such abovementioned charges. If ICICI Securities is unable to recover the charges from the Client, due to insufficient balance in the Client’s account, then such a Client shall be debarred from availing of this facility from the time ICICI Securities is not paid for such facility.

3. Pull Alerts facility is being provided by ICICI Securities through a facility provider, as a separate service, to the Clients who have voluntarily subscribed to this facility, irrespective of whether or not the Client trades through the Website after receiving such Pull Alerts. This service is not linked to the online trading facility offered by ICICI Securities through the Website, and hence is not related to the Client’s trading transactions on the Website.

4. The Pull Alerts facility shall be open for subscription and shall be provided only to those Clients who have given their mobile numbers to ICICI Securities. ICICI Securities may in its discretion offer such Push Alerts as it may deem necessary to the Client to the mobile number intimated by the Client for the purpose of receipt of the Pull Alerts. It shall be the Client’s responsibility to ensure that the mobile number given to ICICI Securities is correct and operable/in-working condition at all times.

5. The Client is hereby intimated that the Client will be permitted to place only as many alert requests for a Pull Alert as specified by ICICI Securities for a particular stock from time to time.

6. In case of a change in the mobile number, it shall at all times be the obligation of the Client to ensure that the said change is intimated to ICICI Securities in time so as to ensure that ICICI Securities may carry out the corresponding change in its data base at the end of day on which such intimation is received by ICICI Securities, so as to ensure that all Pull Alerts and Push Alerts are sent to the new mobile number from the next day. An alert shall be sent to the new mobile number only after the same has been incorporated in ICICI Securities’s database. Provided that ICICI Securities shall at no time be liable, in case an alert is sent to a number, which has changed, due to a delay or non- intimation by the Client or non receipt of the intimation by ICICI Securities of the said change.

7. It shall be the Client’s responsibility to ensure that accurate data for the purpose of receiving the requested Pull Alerts is intimated to ICICI Securities and shall at times check up the details of the requests before submitting them to ICICI Securities. ICICI Securities and its facility provider hereby disclaim all or any liability that may arise as a consequence of the incomplete /incorrect data /request being provided by the Client for the Pull Alert.

8. ICICI Securities hereby declares that ICICI Securities or the facility provider shall not be responsible for any non delivery or delay in delivery of Pull Alerts to the Client including but not limited to reasons such as the mobile phone being lost, stolen, or the Client’s phone not being with the Client, or a technical failure with the Client’s mobile phone. The Client shall not be entitled to claim a refund of any amount charged by ICICI Securities to the Client or any additional amounts whether as compensation or as damages.

9. In case the Client wishes to modify or cancel the request for a Pull Alert, the Client may do so by clicking on modify or cancel options available for such facility on the Website. The Client will not be permitted to modify the stock for which the Pull Alert was sought; though the Client may cancel the same and request for a new alert. Provided further that a Client will be permitted to modify or cancel a request only if the same has not been executed. The Client may check the status of the requested Pull Alert/s on the Website from time to time.

10. In case the Client makes a request for a 52-week high/low Pull Alert for a particular scrip, an alert would be set for a price which is the 52-week high/low at the time of setting the alert request, and will remain unchanged irrespective of any subsequent variation in the 52 week high/low price of the particular scrip. In case the Client wishes to change the same, the Client will have to cancel the existing open request for that particular scrip and make a fresh request for the new 52-week high/low Pull Alert for it.

11. The Client shall be eligible to a maximum number of 10 (ten) open Pull Alert requests at any given point of time, unless modified and intimated by ICICI Securities at its sole discretion. Provided that ICICI Securities shall cause to be intimated to the Client the said change through e-mail or Push Alerts and by putting up the said changes on the Website. If the request put in by the Client exceeds the maximum number of permissible open requests, then the additional request shall not be entertained by ICICI Securities unless an existing open request is cancelled by the Client or has been executed.

12. The Client agrees that neither ICICI Securities nor any other party disseminating any data, message and/or information pertaining to the Pull Alerts or the Push Alerts facility shall be liable for any inaccuracy, error, omission or delay in the transmission or delivery of:
(1) any such data, information or message, or
(2) any loss or damage arising from or occasioned by
(i) any such inaccuracy, error, delay or omission,
(ii) non-Performance, or
(iii) interruption in any such data, information or message, due either to any act or omission by ICICI Securities or any disseminating party or due to power failure, equipment or software malfunction or any other cause beyond the reasonable control of ICICI Securities, or any disseminating party.

13. The Client hereby agrees that ICICI Securities shall not be liable for any “lost opportunity” i.e. notional profit due to the non-receipt of a certain Pull Alert that may have been requested by him.
TERMS & CONDITIONS GOVERNING THE ‘BUY TODAY SELL TOMORROW’ FACILITY.
This document contains terms and conditions governing the ‘Buy today sell tomorrow’ (BTST) facility offered by ICICI Securities. The acceptance of the terms and conditions as mentioned herein and the terms and conditions contained on the Website and the Client Agreement are a prerequisite for availing of the ‘buy today sell tomorrow’ facility.

1. Definitions:
‘Buy today sell tomorrow’ is a facility offered by ICICI Securities which allows the Client to sell the securities which he had purchased before the same are credited to his demat account, and hence the Client need not wait to sell till the actual credit of the purchased securities into his demat account.
‘Securities’ shall mean the securities which have been purchased by the Client through ICICI Securities but are yet to be credited into the Client’s demat account.
‘Website’ shall mean icicidirect.com and other sites maintained by ICICI Securities from time to time to offer on-line investment and trading in various financial products to its present and prospective Clients, through different media including but not limited to the Internet, IVR, CallNTrade, WAP, physical outlets, kiosks etc.

2. This facility shall be offered to the Resident individual Indian Clients of ICICI Securities. Notwithstanding the above, ICICI Securities reserves the right to refuse this facility to any Client or group of Clients at its sole discretion. This facility will not be available to Institutional and Non resident Indian Clients of ICICI Securities.

3. This facility shall be offered against purchase and sale of selected securities only. ICICI Securities shall decide upon the list of securities which shall be eligible for this facility. This list of securities would be displayed on the Website This list would be subject to change at the sole discretion of ICICI Securities from time to time. ICICI Securities may also at its sole discretion decide to withdraw a particular security from the above list without notice to the clients and without assigning any reasons whatsoever.

4. The Client agrees that under the ‘buy today sell tomorrow’ facility the Client will not be permitted to sell the entire receivable quantity of securities but only a certain percentage as may be prescribed by ICICI Securities from time to time. ICICI Securities may at its sole discretion vary the percentage, if it deems fit, without notice to the clients and without assigning any reasons whatsoever and the Client will at all times be required to abide by such decision.

5. The Client understands and agrees that securities bought on a particular day (i.e. day T) can be sold by the Client within the period commencing on T+1 day and ending on T +2 day (or by an earlier day if so specified by ICICI Securities.) The Client will not be allowed to sell the securities on T + 3 day under this facility. However in case of securities under no-delivery period, the T+1 day will start from the day on which the scrip comes out of no delivery.

6. The Client agrees that the purchase and sale transactions of the securities under the ‘buy today sell tomorrow’ facility will be on the same exchange i.e. securities purchased from NSE, will be allowed to be sold on the NSE only, and not on BSE and vice versa.

7. Securities purchased by the Client which are pending to be credited to the client’s demat account can be viewed by the Client after logging in for Trading on the ‘Securities Projection’ page of the Website and the Client may place orders to sell the eligible securities upto the specified percentage under the ‘buy today sell tomorrow’ facility. It is understood that use of this facility is entirely voluntary and the facility has to be used in accordance with applicable rules/ regulations/ guidelines specified by the Securities and Exchange Board of India and other competent authorities from time to time. ICICI Securities hereby disclaims all liability for any loss caused to the Client out of the purchase or sale of the securities through use of this facility.

8. The Client hereby agrees that, in case there is a short delivery from the Exchange for the earlier buy transaction, then the client will also be giving short delivery for his sell transaction. The Exchange would either give delivery of shares bought earlier through market auction or shall closeout the buy transactions as per the Exchange Regulations. However, this would not help the client in meeting his sale delivery obligation already committed by him as even if he receives the shares bought earlier through auction settlement, by that time the securities pay-in date for his sell transaction would be over. In such case, the client will have to face auction proceedings against his sale transaction and will have to bear the auction losses, auction penalties and any other incidental charges etc. That all cost and consequences of any auction arising out of such BTST sell transactions shall be fully borne by the client and ICICIdirect would not be held responsible for any such short delivery received by the customer and the consequential impact thereof.

9. The Client understands and agrees that pursuant to the Client availing of this facility the stocks bought by the client in one settlement shall be retained either partly or fully in ICICI Securities’ s demat account for the purpose of meeting the pay in obligation of the client towards the shares sold by the client in the subsequent settlement(s), directly from ICICI Securities’s demat account.

10. The Client hereby directs and authorises ICICI Bank Limited (Depository Participant), as the Depository Participant to act on the directions given by ICICI Securities given pursuant to the above terms and conditions and/or pursuant to the Power of Attorney executed by the Client in favour of ICICI Securities.

11. The Client hereby agrees and undertakes to indemnify and save harmless Depository Participant, ICICI Securities, ICICI Bank from any claim, action, dispute or grievance that the Client or any third party may have, on account of Depository Participant or ICICI Securities or ICICI Bank having acted in pursuance of the directions and/or authorisations of the Client.

12. This facility is offered by ICICI Securities in accordance with the rules/ regulations/ guidelines specified by the Securities and Exchange Board of India and other competent authorities from time to time. ICICI Securities reserves the rights to change these terms at any time in accordance with the regulations specified.

13. These terms and conditions shall be in addition to and not in derogation of the terms and conditions contained in the Member Client agreement between the Client, Depository Participant, ICICI Securities and ICICI Bank, provided that in case of any inconsistency the Member Client agreement shall prevail.

I/WE have read and accepted all the above terms and conditions and hereby subscribe to all the above facilities offered.