1. General Terms
1. These terms and conditions (“Terms”) contain important information pertaining to your trading and demat accounts with Shree Bahubali Stock Broking Limited (hereinafter collectively referred to as “Bahubali'', “our” or “us”). The Terms govern the relationship between us and you, the user (“You” or “Client”). Trading in the Cash, Derivatives and Currency Derivatives segments of the BSE and NSE is enabled through Shree Bahubali Stock Broking Limited, a trading member of the Bombay Stock Exchange (“BSE”) and National Stock Exchange (“NSE”, together “Exchanges”) registered with the Securities & Exchange Board of India ("SEBI") having Registration Number INZ000103838. The Depository services for your account are enabled through Bahubali Broking Limited, a Depository Participant with NSDL.
2. The website and the mobile/web applications named “Bahubali”, “BahuWEB” (collectively referred to as the “Apps”; Website and Apps collectively referred to as the “Platform”) is owned, operated and maintained by Shree Bahubali Stock Broking Limited
3. These Terms shall govern the relationship between Bahubali and its clients (hereinafter “Client”, “you”, or “your”). Access to, and usage of your account and the Platform is subject to your compliance with the Terms set forth herein, read with the Policies and Procedures, and any other documents as may be applicable. This includes but is not limited to the various application forms and undertakings signed by you at the time of opening your account(s). Please note that the information contained herein is subject to change without notice. Please read this page carefully and retain it for future reference. You agree to any and all changes to the Terms without specific communication from Bahubali, by Your continuing usage of the Platform and/or continuing to hold an account with Bahubali.
2. Disclaimer
1. The Client understands and agrees that all investment and/or trading decisions are based on the Client's own investment objectives and evaluation of prevailing financial circumstances. This extends to all decisions made by the Client on the basis of any information that may be available on the Platform. The Client understands that Bahubali is merely a facilitator providing access to its Clients to participate in the financial and commodity markets, and that Bahubali does not seek to influence or otherwise affect the decision-making process of its Clients in any way whatsoever. 2. The Client shall not hold nor seek to hold Bahubali or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses or damages incurred as a consequence of relying upon any information, opinions, advice or any other material whatsoever on the Platform or in any brochures, promotional material or any other literature promulgated by Bahubali or any of its affiliates or partners.
3. The Client shall seek independent advice from professionals on the suitability of any investment decisions. The Client acknowledges that employees and representatives of Bahubali are not authorised to give any such advice, and that the Client shall not solicit or rely upon any such advice from Bahubali or any of its employees or representatives. Any advice of this nature inadvertently given by any employee or representative of Bahubali shall strictly be construed as being in their personal capacity, and Bahubali disclaims any liabilities arising thereto. 3. Account opening and registration 1. Before availing of any online trading services on the Platform, the Client is required to complete Bahubali’s registration process, as may be prescribed from time to time. To register yourself, you are required to follow the procedure mentioned on the Platform, along with any instructions communicated to you by Bahubali’s employees or representatives. Your account shall be opened after submission of the requisite documentation and its verification and at the sole discretion of Bahubali. 2. Online account opening using Aadhaar is currently available only for residents of India opening individual accounts, where the person’s mobile number is linked to the Aadhaar. This is not permissible for non-residents or for any manner of non-individual accounts (HUFs, companies, LLPs, partnerships, etc.). 3. In case of online account opening using Aadhaar, data will be fetched from the KYC database and cannot be edited. 4. Any pickup of the required documentation pertaining to the account opening procedure is subject to the availability of our representatives at any particular time and location.
4. Account security and passwords
1. Bahubali shall provide each Client with a unique ID and password, enabling them to access online trading facilities through the Platform, over the telephone, or in any other manner permitted by Bahubali. Bahubali shall also provide the Client with the login credentials to its back-office platform “TradewebX”, providing the Client access to various reports and statements. All terms regarding the use, reset and modification of such login credentials shall be governed by these Terms, as well as by any other relevant information on the Platform.
2. The trading terminal system on our Platform has a stringent two-factor authentication (“2FA”) secure system for every Client to access their accounts. This includes (i) entry of the Client ID and password; and (ii)Bahubali generated TOTP, OR SMS/Email OTP. This 2FA mechanism is in place in compliance with the SEBI and Stock Exchange guidelines on internet-based trading.
3. A link to create a password & 2FA credentials is sent to all Clients along with the welcome email at the time of account opening. Such password and 2FA credentials set by each Client, will be unique to them, and is not known to anyone else. Passwords and 2FA credentials are privileged and confidential information and must be kept in strict confidentiality by each Client. These login credentials should not be shared with any third parties whatsoever.
4. You may reset passwords at any point in time by selecting the ‘Forgot User ID or Password’ link under the ‘Login’ tab of the Website or the Bahubali app. A reset link is immediately sent to your registered email ID upon this link being selected. A new unique password is required to be created for you to gain access to your trading account on the Platform.
5. The Client acknowledges that they shall be responsible for maintaining their Client ID and password in a secure and confidential manner. Clients shall solely be responsible for all orders entered and transactions executed on the Platform using their login credentials, irrespective of whether the person actually executing such transactions were authorised to do so or not. Bahubali assumes no responsibility whatsoever for any liabilities arising out of unauthorised access to a Client’s password or 2FA login credentials.
6. The Client acknowledges that they are fully aware of and understand the risks associated with online trading services, including the risk of misuse and unauthorised access to their Client ID, password or login credentials by third parties. The Client also acknowledges the risk of third parties hacking into their Client ID on Bahubali’s platform and unauthorisedly routing orders on behalf of the Client through the System.
7. Without prejudice to the provisions above, Clients agree to immediately inform Bahubali in writing if they suspect or discover any unauthorised use of the Client’s ID, password or 2FA credentials, or notice any discrepancies that may be attributable to such unauthorised access, or discover a security flaw in Bahubali’s online trading system available on the Platform (“Online Trading System”). Clients shall provide Bahubali with complete details of such unauthorised use, including the date of such unauthorised use, the manner in which it occurred, the transactions effected pursuant to such unauthorised use, etc. Clients also agree to inform Bahubali immediately if they are unable to retrieve their password or 2FA login credentials even after going through with the ‘Forgot Password” reset procedure.
8. Clients agree to notify Bahubali immediately on a priority basis in case they discover any security flaws or vulnerabilities in the Platform or any other components of the Platform.
5. Price Data
1. Bahubali does not share real-time price data, except with third parties where it is required for the orderly functioning of the securities market, or where permitted by Applicable Law.
2. The Client agrees to use real-time price data shared with them via any of our platforms, only for the purpose of using the platform and activities that can be undertaken on our platforms. The Client represents and warrants that they shall not use real-time price data for any other purpose.
3. Bahubali reserves the right to share market price data for investor education and awareness, with time lags as determined by Applicable Law.
6. Orders
1. All orders and instructions routed through Bahubali’s Platform via the Client’s ID, including but not limited to those for purchase, sale and pledge of any securities, shall be deemed to have been made by the Client.
2. Bahubali shall in no way be responsible for any orders entered by the Client by mistake on the Platform. Every order entered by the Client through their Client IDs shall be deemed to be a valid order, for which the Client shall bear full responsibility.
3. While placing orders on the telephone, the Client agrees to provide information relating to the customer ID, including but not limited to the Telephone Support Code and any other information that may be required to determine the identity of the Client.
4. Although orders are usually routed to the Exchange’s computer systems within a few seconds of the order being placed by the Client on the Platform, Bahubali shall not be liable for any delays in the execution of any order, or for any resultant losses on account of such delays.
5. In case of a market order placed on the Platform, the Client understands that the price received shall be the price at which the order is executed by the Exchange’s computer system and that such price may be different from the prevailing price the security was trading at when the order was entered on the Platform.
6. The Client understands that all orders placed on the Platform shall be forwarded to the Exchange. In the event the order is placed during trading hours, it shall immediately be routed to and executed on the Exchange, subject to the availability of counterparties. The Client understands that Bahubali does not exercise control over the execution of any orders that have already been sent to the Exchange. Fulfilment of all orders is subject to the vagaries of the market.
7. Bahubali cannot guarantee the cancellation or modification of an order pursuant to a Client’s request to that effect. The order will be cancelled or modified only if the Client’s request for cancellation or modification is received by the Exchange before it is executed. Market orders are usually subject to immediate execution.
8. The Client shall not presume an order to have been executed, cancelled or modified until a confirmation from Bahubali is received. Sometimes, due to technical or administrative reasons, a confirmation may not be immediately transmitted to or received by a Client. Such delay does not imply that the order has been executed, cancelled or modified, unless Bahubali confirms so to the Client in writing.
9. Bahubali may, from time to time impose or vary limitations on the orders or instructions the Client may place on the Platform. Such limitations include, but are not restricted to exposure limits, turnover limits, limits on the number, value and/or types of securities for which orders may be placed, scrips in respect of which orders can be placed, etc. The Client is aware that Bahubali may need to vary or increase such limitation, or impose new limitations altogether on an urgent basis, based on Bahubali’s assessment of the risk involved and such other factors Bahubali may consider relevant. The Client understands and agrees that Bahubali may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client’s ability to place orders or trade in securities through Bahubali.
10. The Client understands that Bahubali may be unable to inform the Client of any such variations, reductions or impositions in advance. The Client agrees that Bahubali shall not be liable to the Client for any losses resulting from such variations, reductions or impositions, or for the Client’s inability to route any order through the Platform. The Client understands and agrees that Bahubali may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client’s ability to place orders or trade in any securities on the Platform.
11. Bahubali may, at its sole discretion, reject any order on the Platform for any reason whatsoever, including but not limited to the non-availability of funds in the Client’s trading account, non-availability of securities in the Client’s Demat account, insufficient margin amounts, suspension of scrip- specific trading activities by or on an Exchange, and applicability of circuit breakers to a scrip for which orders have been placed. The Client agrees that in the event that an order is not accepted on the Platform for any reason, Bahubali shall have the right to treat such order as having lapsed.
12. The Client understands that if, for any circumstance or for any reason, the markets close before the acceptance by the Exchange of any order, such order may be rejected. The Client further agrees that Bahubali may reject any orders that are being rejected by the Exchange. In case of rejection of an order due to rejection by the Exchange, the Client agrees that the order shall remain declined and shall not be reprocessed in any circumstance.
13. Without prejudice to the provisions above, Bahubali may at its sole discretion permit the execution of any orders, irrespective of the balance amount in the Client’s account. This may subsequently be recovered by Bahubali during settlement.
14. Pending orders shall be handled as per exchange systems and norms after the market closes for the day.
7. Trading and settlement
1. The Client agrees that all orders placed through the Online Trading System shall be forwarded by the Online Trading System to the Exchange. All orders placed otherwise than through the Online Trading System shall be forwarded by the system to Exchange terminals or any other order execution mechanism at the discretion of Bahubali. In the event that the order is placed during trading hours, it shall be routed to and executed on the market system.
2. Upon execution of any order at the Exchange, Bahubali shall send the Client an electronic contract note as a confirmation via email. This shall be sent within 24 hours of the trade, subject to receipt of files from the Exchange. This shall be deemed to be valid delivery thereof by Bahubali. It is the responsibility of the Client to review immediately upon receipt, all such order confirmations, and to follow up with Bahubali in case such order confirmations are not received within a stipulated time period.
3. The Client shall immediately bring to Bahubali’s notice errors in any reports, statements or contract notes of any executed trades, including but not limited to errors in execution prices, scrips, or quantities of securities. Any such discrepancies shall be notified by the Client to Bahubali in writing by email within 24 hours of receipt of such erroneous reports, statements or contract notes. In all cases, Bahubali shall have the right to accept or reject the Client’s objections.
4. The Client acknowledges that there may be a delay in the receipt of transaction status reports or statements from the respective Exchanges by Bahubali. Accordingly, Bahubali may forward such delayed reports or statements to the Client in respect of such transactions that were previously unreported. The Client shall not hold Bahubali responsible for any losses suffered on account of such delayed reports or statements or for any errors in such reports or statements computed by or received from any Exchange.
5. The Client is aware and acknowledges that the electronic trading systems at the Exchange as well as at the Bahubali offices are vulnerable to temporary disruptions, breakdowns or failures. In the event that such disruptions, breakdowns or failures transpire due to the breakdown of the system or disconnection of a network link, Bahubali may cancel any or all of the Client’s orders or transactions on the Platform. Bahubali may also be unable to cancel orders, and the Client may be unable to place, cancel or modify orders on the Platform. In such an event, Bahubali shall not bear responsibility for any losses that may be incurred by the Client due to such eventualities.
6. Bahubali shall, within 24 hours of execution of any trade or promptly as and when available from any other market participant, issue a contract note as per the terms of the SEBI (Brokers and Sub-Brokers) Rules and Regulations, 1992. The Client agrees that Bahubali shall, in most cases, issue contract notes in digital form, which shall be sent by way of email to the email address provided by the Client.
7. The Client agrees that if, for any circumstance or for any reason, the markets close before the acceptance of the Order by the Exchange, the order may be rejected. The Client agrees further, that Bahubali may reject Orders if the same are rejected by the Exchange for any reason. In case of rejection of an order due to rejection by the Exchange, the client agrees that the order shall remain declined and shall not be re-processed, in any event. Any such orders shall be considered as lapsed.
8. Bahubali may, at its sole discretion, reject any order placed on the Platform or in any other manner due to any reason, including but not limited to the non- availability of funds in the trading account of the client, non-availability of securities in the demat account of the Client with a designated depository participant, insufficiency of margin amount if the Client has opted for margin trading, suspension of scrip- specific trading activities by or on an Exchange and the applicability of a circuit breaker to a scrip in which orders are placed.
9. Bahubali shall not be responsible for the non-receipt of communication pertaining to trade confirmation due to any changes in the correspondence address or contact details of the Client that was not intimated to Bahubali in writing. It is the Client’s responsibility to review all trade confirmations, contract notes, invoices and statements of account immediately upon receipt. The correctness of all such communication shall be deemed to be accepted if the Client does not object to Bahubali in writing within 24 hours of receipt of such communication.
10. The Client agrees that Bahubali may impose scripwise surveillance, scripwise limits, conditional trading or such other conditions as may be required for the purposes of risk management. The Client also understands that Bahubali may impose surveillance measures that may differ from client to client, based on Bahubali’s assessment of the risk involved and such other factors Bahubali may consider relevant. This includes but is not limited to allowing/disallowing Clients from trading in any security or class of securities, derivatives contracts, leveraged trades etc.
11. All orders and instructions on the Platform, the transactions executed pursuant thereto, and the settlement of such transactions thereof shall be in accordance with the guidelines and provisions laid down by the SEBI and the relevant Exchanges. Clients agree to abide and be bound by all the relevant guidelines and provisions in force governing Bahubali’s Platform and Clients’ usage thereof.
12. Cancellation or modification of an order pursuant to the Client’s request on that behalf is not guaranteed. The order may be cancelled or modified only if the Client’s request for cancellation and modification is received and the order is successfully cancelled or modified before it is executed. Market orders are subject to immediate execution wherever possible.
8. Margin
1. The Client agrees and undertakes to immediately deposit with Bahubali such cash, securities, or any acceptable security which Bahubali may require as margin. The Client agrees that Bahubali may require the Client to deposit with Bahubali a higher margin than that prescribed by the Exchange. Bahubali may also require the Client to keep permanently with Bahubali a margin of a value specified by Bahubali, for the entire duration of time the Client desires to avail of Online Trading Service on the Platform. The Client acknowledges that the margin shall not be interest-bearing.
2. Bahubali shall, at its sole discretion, have the irrevocable right to set off a part or entirety of the margin i.e- by way of appropriating the relevant amount of cash or by sale or transfer of all or some of the securities which form part of the margin, against any dues of the Client or of any member of the Group of the Client (for the purposes of these Terms, "Group" shall mean all the individuals, group companies, firms, entities and persons specified in the schedule to the Member Client Agreement signed at the time of account opening) in the event of the failure of the Client or a member of the Group of the Client to meet any of their respective obligations under these Terms.
3. The Client authorises Bahubali to determine the market value of all securities placed as margin after applying a haircut that Bahubali may deem appropriate. The Client undertakes to monitor the market value of such securities on a continuous basis. The Client further undertakes to immediately replenish any shortfall in the value of the margin consequent to a fall in the market value of such securities placed as margin, whether or not Bahubali intimates the Client of such shortfall.
4. Bahubali may at its sole discretion prescribe the payment of margin in the form of cash, instead of or in addition to margin in the form of securities. The Client agrees to immediately comply with any such requirements communicated by Bahubali regarding payment of margin in the form of cash. 5. Without prejudice to any of Bahubali’s other rights, Bahubali shall be entitled to liquidate or close out any or all of the Client's positions for non-payment of margins or outstanding debts. The proceeds of such liquidation or close outs, if any, shall be adjusted against the Client's liabilities and obligations. Any and all losses and financial charges on account of such liquidation or closing-out shall be charged to and borne by the Client.
6. The Client agrees to abide by the exposure limits, as set from time to time by Bahubali, the Exchange, the Clearing Corporation or SEBI.
7. The Client is aware that Bahubali is required to deposit sufficient margin with the Exchange to enable all its eligible clients to trade, subject to such limits as may be imposed. However, there may be times of extreme volatility wherein the deposits made by Bahubali with the Exchange may not be sufficient to cover the positions of all its Clients. In such circumstances, Bahubali’s trading terminals may be temporarily suspended on account of the cumulative effect of shortfall of margin obligations by various Clients. In these circumstances, no Client shall have the right to claim any damages from Bahubali for any losses that they might incur on account of such suspension of trading.
8. The Client agrees that any securities or cash placed as margin with Bahubali may in turn be placed as margin by Bahubali with the Exchanges, banks, clearing corporations or any other institutions that Bahubali may deem fit. The Client authorises Bahubali to do all such acts and deeds that may be necessary for placing such securities or cash with the Exchanges/banks/clearing corporations/other institutions as margins.
9. Any reference in these Terms to sale or transfer of securities by Bahubali shall be deemed to include sale of securities that form part of the margin maintained by the Client with Bahubali. In exercise of Bahubali's right to sell securities under these Terms, the Client agrees that the choice of specific securities to be sold shall be solely at the discretion of Bahubali.
9. Maintenance of trading account
1. Money pay-in to Bahubali: The Client agrees that all payments due to Bahubali shall be made within the specified time period, and in the event of any delay, Bahubali may refuse, at our discretion, to carry out any transactions or close out any positions. Losses or costs, if any, incurred thereof shall be borne solely and completely by the Client. All payments made to Bahubali shall be from the Client’s account(s) registered with Bahubali. No payments shall be made to Bahubali from: (i) any Client bank accounts not registered with Bahubali; or (ii) any bank accounts belonging to any third parties.
2. Money payout by Bahubali: Notwithstanding anything contained in any other agreement or arrangement between the Client and Bahubali (if any), the Client hereby authorises Bahubali to release all payments due to the Client from the trading account maintained on the Platform, against a specific request made by the Client to this effect.
3. Securities pay-in to Bahubali: Delivery of all securities required for fulfilment of trades must be made from the Client to Bahubali within 24 hours of execution of the sale order, or one day before the pay-in date, whichever is earlier. The Client shall solely be responsible for reimbursing Bahubali for any losses that may accrue to Bahubali in the event of a default in delivery of the securities by Bahubali to the Exchange, which in turn are attributable to any delays in delivery of the securities by the Client to Bahubali. Losses for the purposes of this clause shall include, but not be restricted to auction debits and penalty charges incurred by Bahubali as a result of non-delivery of securities on the Exchange on the settlement date. In the event the Client has sold any securities on the Platform against purchases made in previous settlements, such sales shall solely be at the risk of the Client. The Client understands that such trades run the risk of short delivery of securities and subsequent auction debits and penalties levied by the relevant Exchange.
4. Securities payout by Bahubali: Bahubali is entitled to directly credit the demat account of the Client, or maintain the trading account of the Client on the Platform on a running account basis.
5. No securities belonging to any third parties shall be sold or otherwise transacted upon by the Client through their trading account on the Platform. The Client shall bear sole responsibility for any violations of this clause, including penal action by the SEBI or the Exchanges.
6. In the event the Client places an order on the Platform for securities in the no- delivery period, such securities shall be credited to the Client account only at the designated time for settlement of trades as per the schedule notified by the Exchange.
7. In the event that any sums of money are due from the Client to Bahubali, the Client authorises Bahubali to withhold the credit of any securities to the Client account until the relevant sums of money are provided by the Client to Bahubali in order to fulfil their obligations under these Terms.
8. Bahubali is entitled to consider any cash or security available with it that is lying to the credit of the Client as margin received from the Client.
10. Fees and brokerage
1. The Client agrees to pay Bahubali all brokerages, transaction charges, commissions, fees, GST, and other taxes or levies, by whatever name so called, as informed to the Client by Bahubali from time to time in writing.
Bahubali shall be entitled to deduct such fees or levies from the Client’s account or trading ledger, in lieu of the services received by the Client from Bahubali.
2. All brokerages, transaction charges, commissions and fees listed on Bahubali's Platform are subject to change from time to time, in compliance with the rules prescribed by the Exchanges and SEBI, and at Bahubali’s discretion as per its business practices. Bahubali shall notify the Client with details of any changes with respect to such brokerages, transaction charges, commissions and fees, along with the dates upon which such charges shall become effective. Bahubali shall inform Clients of any such changes through an email and/or SMS sent to the Client’s registered email ID and contact number.
11. Client account termination and suspension
1. There may be circumstances, including but not limited to the breach of applicable law and the Terms, wherein Bahubali will be required to suspend/terminate services offered to the Client, which will prevent the Client from utilising certain/all/any features available on the Platform.
2. Upon suspension/termination of Bahubali’s services, regardless of the reason(s), the Client’s right to use the services immediately ceases. Bahubali will not be liable to the Client or any third party for any claims or damages arising out of any suspension/ termination of services or any other actions taken in connection with such suspension/termination.
3. The right of Bahubali to terminate or suspend the Client’s account is in addition to any remedy or obligation prescribed by applicable law. If the Client is aggrieved by any act of Bahubali in this regard, the Client may write to Bahubali as per the grievance redressal policy as laid down in these Terms, with supporting documentation/evidence. Bahubali may deal with the grievance in accordance with applicable law. The decision of Bahubali to reinstate services is final.
12. Representations and warranties
1. Clients represent and warrant to Bahubali the following: 1. They are capable of being a valid counterparty to these Terms, and that these Terms are not in contravention to the rights of any party with whom such Client has any agreements, at any time prior to agreeing to these Terms and while continuing to using the Platform and availing Bahubali services.
2. They shall always provide Bahubali with valid and updated personal/corporate details about themselves that Bahubali may require, including documentary proof thereof. Such details include but are not restricted to PAN Number and Unique Identification Number issued by SEBI. The Client warrants to Bahubali that all such details represented to Bahubali are factually true.
3. All securities deposited by the Client with Bahubali, whether in respect of margin requirements or otherwise, are owned by the Client, and the title thereof is clear and free of encumbrances.
4. The Client has made efforts to make themselves aware of the various risks associated with executing transactions on the various Exchanges, and in particular, the risks involved in online trading via the internet on the Platform. The Client agrees not to pursue any claims against the Exchange or Bahubali on account of any suspension, interruption, non-availability or malfunctioning of the online trading system of the Exchange, or of Bahubali’s Platform, for any reasons whatsoever.
5. The Client shall always ensure the security and confidentiality of their account password and 2FA credentials and shall undertake not to reveal these details to any unathorised persons or third parties.
6. The Client shall bear full responsibility for all orders entered onto the Platform through their account.
2. Bahubali represents and warrants to the Client that it has complied with and shall continue to comply with all statutory and regulatory directions in order to offer internet trading services on the Platform in the cash as well as derivatives segment of the various Exchanges.
13. Intellectual Property
1. All intellectual property, including in relation to the Platforms, including any software, techniques and processes used, and any trademarks, logos, images, material, content, designs, information and other content available on the Platform belongs exclusively to Bahubali or is licensed to Bahubali. By no means is any proprietary right or license in any intellectual property impliedly or expressly granted by Bahubali to the Client or any other user of the Platform (together “Users”) through the User’s use of the Platform.
2. You shall not copy, decompile, reverse engineer, or otherwise attempt to discover any source code, license, use or assign any intellectual property in the Platform, copy any logos, brand names, marketing or branding material or pictures from the Platform, remove any copyright and other proprietary notices contained in any content on the Platform, or use spiders, crawlers or robots for the purpose of accessing the Platform, or any content on the Platform.
3. Any unauthorized use of Bahubali’s intellectual property rights in connection with any other good, service or offering will constitute an infringement of the intellectual property rights of Bahubali and may be actionable under the applicable laws.
14. Client Content and Platform Use
1. The User is responsible for all the content that they post, upload, modify, publish, transmit, or share on the Platform (including using any artificial intelligence models, and with respect to its appropriateness, legitimacy, lawfulness and ownership) and must ensure that the content posted is in conformity with these Terms and applicable laws. Further, Bahubali is committed to protecting the principles of equality, free speech, privacy and personal liberty applicable to all Users of the Platform. However, the User shall not upload, modify, publish, transmit, or share any information or content that: 1. does not belong to the User/User does not have any right to,
2. is obscene, pornographic, paedophilic, or invading another’s privacy,
3. is harmful to children, is insulting or harassing on the basis of gender, or is racially or ethnically objectionable,
4. is relating to or encouraging money laundering or gambling, or an online game that causes user harm,
5. is in the nature of an online game that is not verified as a permissible online game,
6. is promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence,
7. infringes any intellectual property rights, other proprietary rights or any law in force,
8. deceives or misleads the addressee about the origin of a message or knowingly and intentionally provides any misinformation or false information, 9. is identified as fake or false or misleading by a fact check unit of the Indian Government, in relation to any business of the Indian government,
10. is an advertisement, surrogate advertisement, or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game,
11. impersonates another person,
12. threatens unity, integrity, defence, safety, security or sovereignty of India, friendly relations with other states or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation,
13. contains anything to intentionally harm a computer resource, such as viruses,
14. is false and published with the intent to mislead or harass persons or entities for financial gain or to cause injury, and 15. violates any other law. 2. Bahubali does not have any obligation to monitor any User content on the Platform. However, Bahubali, at its discretion and in accordance with applicable law, may review any content and may also remove any content from the Platform if it is determined at Bahubali’s sole discretion that such content is in violation of the Terms or any applicable law. Such actions do not in any manner negate or dilute Bahubali’s position as an intermediary under applicable laws or impose any liability on Bahubali with respect to the content. Where any User content is removed from the Platform, Bahubali will make reasonable efforts to inform the User who had posted such content about such removal. In case the User is aggrieved by Bahubali’s actions under this clause, they may write to Bahubali at compliance@bahubali.in , and Bahubali will take action as per the Terms or as per any applicable law.
15. Third Party Sites
1. The Platform may contain links or direct Users to various third-party platforms. If the User uses or clicks on any of these links, the User may be directed/redirected to such external platforms.
2. If the User decides to visit any such external link, the User does so at their own risk, responsibility and liability. Bahubali does not endorse any platform linked to it or the information appearing therein or any of the products or services described therein on the Platform. Any display of third-party goods/services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval by Bahubali of any such third parties. The User agrees that Bahubali is in no way responsible for the timeliness, accuracy or completeness of information that they may obtain from these third parties and which may be posted/published on the third-party platforms, and as may be amended from time to time. 3. The User agrees and understands that when using the Platform, they will be exposed to User content from a variety of sources and by different Users, and that Bahubali is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User content.
16. Indemnities
1. The Client is aware that authentication technologies and strict security measures are required for internet-based trading. The Client agrees to indemnify and hold Bahubali, its affiliates, partners, directors, employees, and agents harmless against any losses that may be suffered by it, its other customers, or any third parties: (a) as a consequence of any claim or action that may be initiated by a third party that is in any way the result of improper use of user ID, password or 2FA login credentials by the Client, (b) from failures or delays in the debit process from the bank account for transfer funds including for mutual funds, and (c) in case of bank delays or any technical issue at Bahubali's end that may lead to the delay of the fulfilment of an order and the resultant change in the NAV at which the order is placed, in the case of mutual funds.
2. In the event of death, insolvency or liquidation of the Client, or their otherwise becoming incapable of receiving, paying for, delivering or transferring securities which the Client has ordered to be transacted upon through the Platform, Bahubali shall be entitled to close out the transaction on behalf of the Client. The Client and/or their legal representatives shall be liable for any losses or costs arising therefrom, and shall also be entitled to receive any surpluses which may arise thereto. The Client agrees to indemnify Bahubali for any shortfalls that may arise as a consequence of such close-out.
3. By agreeing to use the Platform, the Client agrees to indemnify and hold Bahubali, its affiliates, partners, directors, employees, and agents harmless from any losses or harms that may arise due to: (i) breach by the Client of any applicable laws, rules or regulations that may have been applicable to their transactions on the Platform; (ii) breach by the Client of any of the clause contained in these Terms; and (iii) any act, neglect, misconduct or fraud by the Client.
17. Investment advice
1. The Client agrees that none of the services available on the Platform shall be deemed to be investment advice by Bahubali.
2. In the event that the Client receives any information, recommendations or advice from any employee or representative of Bahubali, then such information, recommendations or advice shall strictly be in the personal capacity of such employee or representative, and the Client may act upon it at their sole risk and costs. Bahubali shall in no way be liable or responsible for any transactions executed by the Client in pursuance of such information, recommendations or advice.
3. Bahubali and its officers, directors, partners, employees, agents and affiliates shall have no responsibility with respect to any investment decisions or transactions of the Client.
18. Programmes & Initiatives
1. Bahubali may, from time to time, run some initiatives, programmes or offers to promote Client engagement and Client education. The Client agrees that participating in such an offer is subject to their agreement to the respective offer terms and conditions, if any, in addition to these Terms. The Client further agrees that offers provided may vary from client to client.
2. Bahubali’s decisions on the manner of operation of any such initiatives or programmes shall be final and binding. Bahubali reserves the absolute right to change, withdraw, modify or suspend the entirety or any part thereof of any such initiative or programme, or add new initiatives or programmes, without any prior notice to any Client or user.
3. Bahubali also reserves the right to disqualify the Client from any programme or offer in case the Client does not meet the eligibility criteria or any other reasons thereof, including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, at the sole discretion of Bahubali without further notice.
4. Bahubali runs a client referral program wherein Bahubali encourages Clients to refer their friends and family to begin investing with Bahubali. The terms of this referral programme may change from time to time at the sole discretion of Bahubali with or without prior intimation to the client.
19. Force majeure
1. Bahubali shall not be responsible for any delays or defaults in the performance of its obligations due to any contingencies beyond its control. Such contingencies include but are not limited to losses caused directly or indirectly by exchange or market rulings, suspension of trading, fires, floods, civil commotions or riots, earthquakes, cyclones, tsunamis, wars, strikes, pandemics or health calamities, any terrorist actions, system failures, breakdown in internet links and any regulatory actions by the government.
20. Severability
1. In the event that any one or more of the provisions contained in these Terms become invalid, illegal or unenforceable in any respect under any law or regulations for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.
21. Refund & cancellation policy
1. We do not have any refund and cancellation policy as we do not take any charge for account opening and account activation process from the clients.
2. Once your Trading and Demat account is opened any payments made thereafter will be credited towards your account. To withdraw any amount from such account, you may place withdrawal request.
3. Opening of a Trading and Demat account with us takes approximately 24 hours. You may place the cancellation request with our support team within 12 to 18 hours of the submission of your application with us. On receipt of the cancellation request, the account opening shall not be proceeded with.
22. Miscellaneous
1. Bahubali does not warrant that the services provided on the Platform will be uninterrupted or error-free. All services on Bahubali’s Platform are provided to the Client on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
2. The Client acknowledges that online trading over the internet involves several uncertainties and complexities with respect to hardware, software, computer systems, communication lines, peripherals, etc., all of which are susceptible to interruptions and dislocations, and which may result in the Platform being unavailable without prior notice. Neither Bahubali nor the Exchange make any representations or warranties to the Client that online trading facilities on the Platform shall be available to the Client at all times without any interruptions. Clients agree that they shall not pursue any claims against Bahubali or the Exchange on account of any suspensions, interruptions, malfunctioning or non-availability of the services offered on the Platform or any part thereof, for any reason whatsoever.
3. Clients hereby confirm that they have authorised Bahubali to take all such steps on the Client’s behalf as may be required to complete or settle any transactions executed with Bahubali or executed by Bahubali on behalf of the Client. However, no clause herein shall create an obligation upon Bahubali to take any such steps.
4. The failure of Bahubali to exercise any right provided herein or available under applicable law shall not be deemed a waiver of any further right hereunder. Waiver of any right by Bahubali shall not be deemed to be a waiver of any further rights of Bahubali. The exercise by Bahubali of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
5. In the event there is any conflict between the Terms, the Privacy Policy, any other policies applicable to whole or part of the website or Bahubali’s services to the Client, and agreements entered into between Bahubali and the Client, the following order of prevalence shall apply: (i) agreements between Bahubali and the Client, (ii) any product or service-specific terms and policies, (iii) the Privacy Policy, and (iv) the Terms.
6. To the fullest extent permitted by law, Bahubali and its affiliates are not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, and goodwill) arising out of or in connection with the User’s use or inability to use the website. In any event, the liability of Bahubali arising out of the Terms shall not exceed INR 100 (Indian Rupees One Hundred Only).
23. Investor Grievance Redressal Mechanism
1. Investor satisfaction is of utmost importance to Bahubali, for which we have implemented the necessary mechanisms and systems.
2. The grievance officer shall be the Compliance Officer of Bahubali, name: Amit Jain .All the investor grievances are monitored and redressed by the Compliance Officer of the Company who reports directly to the Board of Directors. This essentially takes care of the necessary escalation in case of any long pending and serious complaint, otherwise the same are taken care of by the Compliance Officer with the support of the Compliance team. 3. The clients can email their grievances to the Compliance Officer on the email ID compliance@Bahubali.in which is displayed on our Platforms and the same also mentioned on the contract notes and other correspondence if any sent to the client from time to time.
4. All the emails received are duly monitored and redressed by the Compliance Officer. The register of grievances is centrally maintained for better control and monitoring, Thus the grievances received in writing, mail, verbally, etc. are centrally monitored and redressed and recorded with all the necessary steps taken for redressal of the same. Proper analysis is undertaken to analyse the nature of complaints received, pattern of complaints and concentration if any at a particular location so that every effort is taken to remove the root cause of the grievance by the client. Periodic visits and inspections are undertaken for the branches and authorised partners to get the feedback of clients on the issues. Depending on the feedback received necessary corrective steps are introduced into the system.
24. Notice
1. All notices, correspondences or communications issued under these Terms shall be served in any one or more of the following modes of communications, and such notices or correspondence shall be served at the last known email address/ residential address/ ordinary place of business of all parties to these Terms. The modes of communication include:
1. Delivery by hand
2. Delivery by registered/unregistered post
3. Delivery under certificate of posting
4. Delivery by email or fax
5. By affixing on the door at the last known business or residential address.
6. By oral communication to the party or on the last known telephone number or on the recording machine of such number.
7. By advertising in at least one prominent daily newspaper having circulation in the area where the last known business or residential address of the party is situated.
8. By notice posted on the notice board of Bahubali if no address is known.
2. Any communication sent by Bahubali to the Client shall be deemed to have been properly delivered or served, if such communication is returned to Bahubali as unclaimed/refused/undelivered, if such communication was sent in any of the modes illustrated above.
3. Communication received by clients of Bahubali through registered email IDs and phone numbers: This information is limited for consumption of the client only, and these emails should not be reshared with others.
25. Governing Law, Jurisdiction and Dispute Resolution
1. The Terms and the use of the website are governed by and construed in accordance with the laws of India.
2. In the event any dispute or difference arises between the User and Bahubali in connection with the validity, interpretation, termination and implementation or alleged breach of any provision of the Terms (“Dispute”), both Parties hereto shall endeavour to settle such Dispute within a period of 30 days, amicably with each other and in good faith.
26. Contact Us
Please reach out to compliance@Bahubali.in if you have any questions or concerns regarding the Terms.
Last updated on December 12, 2023
+91 8069209500
support@bahubali.in
12, India Exchange Place, 3rd Floor, Kolkata – 700 001
Attention Investors
• Stock Brokers can accept securities as margin from clients only by way of pledge in the depository system w.e.f. September 1, 2020.
• Update your mobile number & email Id with your stockbroker/depository participant and receive OTP directly from depository on your email id and/or mobile number to create pledge.
• Pay 20% upfront margin of the transaction value to trade in cash market segment.
• Investors may please refer to the Exchange's Frequently Asked Questions (FAQs) issued vide circular reference NSE/INSP/45191 dated July 31, 2020 and NSE/INSP/45534 dated August 31, 2020and other guidelines issued from time to time in this regard.
• Check your Securities /MF/ Bonds in the consolidated account statement issued by NSDL/CDSL every month.