This Terms and Conditions (“Agreement”) is between you and FIP TRADE FACTORY (hereinafter “FIXED INCOME PLATFORMS”). The Services being provided herein relate to certain electronic services and information (“Services”) to which you will have electronic access depending upon your user category through the FIXED INCOME PLATFORMS client website i.e. https://www.fixedincomeplatforms.com/ (the “Site”):

If you are FIXED INCOME PLATFORMS registered client, this Agreement is in addition to and does not nullify, any other agreement, including the Privacy Policy and any annexure and supplements thereto between you and FIXED INCOME PLATFORMS governing the conduct of your relationship with FIXED INCOME PLATFORMS.

The terms and conditions contained herein may be amended, altered, supplemented, revoked, rescinded, or replaced by FIXED INCOME PLATFORMS, whether in full or in part, from time to time as may be notified on the Site or in such other manner as FIXED INCOME PLATFORMS may deem fit.

You acknowledge that the information on this Site does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced in the Site. If you wish to learn more about the information contained on the Site, you may contact a representative of FIXED INCOME PLATFORMS.

To become a Registered Client you must indicate that you agree to be bound by all of the terms of this Agreement by clicking “I Accept” during registration. Until you click on “I Accept”, you have no right to access any restricted area on the Site. A Guest will be deemed to accept the terms and conditions of this Agreement by using the Site.

Registered Clients: This category of user will be provided with electronic access to the various Services provided by FIXED INCOME PLATFORMS on the Site. The clients registered with FIXED INCOME PLATFORMS (Registered Client) will have no time limitation with respect to the use of these Services as long as they remain a client of FIXED INCOME PLATFORMS. Registration by submitting a physical application form and other documentary proof is required for this user category.

1. Services Provided

FIXED INCOME PLATFORMS shall provide you with electronic access, through your computer or other electronic device (collectively “Computer”), to the Services, including but not limited to the provision of information with respect to investments (“Information”) and offering of online investment services in our own platform through the services of an unaffiliated Internet service provider (the “Provider”) by you and the ability to communicate electronically with FIXED INCOME PLATFORMS (“E-mail”), depending upon which category of User you are. FIXED INCOME PLATFORMS may at its sole and absolute discretion, cancel or change any or all the Services or registration instructions in any manner whatsoever at any time or introduce additional Services from time to time, upon printed or electronic notice. Your continued use of the Services following the posting or notice of any changes or introduction of new Services will constitute your acceptance, ratification, and confirmation of such changes. You agree not to attempt to connect to the Site, to use the Services, or to view any of the Information if you do not agree to the terms of this Agreement.

2. User Credentials
  1. As part of the registration process the Registered Client will be entitled to a user identification comprising of any alphabetical/numerical combinations or an alphabetical and numerical combination (“User Identification”) and to a login One Time Password (OTP) for the purpose of authentication to access the Site, System and the Services, as the case may be. The login authentication may include second-level and/or transaction-level authentications as well and would be required to meet such requirements.
  2. The System itself generates the login OTP and the same will be intimated to the Registered Client. (The User Identification and OTPs, are hereinafter collectively referred to as “User Codes”).
  3. The User Codes are for your personal use only. You are responsible for the confidentiality and secrecy of the User Codes and agree not to provide them to any third party. You shall ensure that you are the only authorized user of the User Codes. You are solely responsible for all statements made, orders entered and transactions effected by any third party and acts or omissions that occur while your User Codes are being used, whether or not such third party was authorized so to do. FIXED INCOME PLATFORMS shall be entitled to presume that any order or instructions entered or communicated using the User Codes is the Client’s own order or instruction. FIXED INCOME PLATFORMS is not responsible for any breach of security caused by your failure to maintain the confidentiality of your User Codes. You shall be fully responsible and liable for and will pay or reimburse FIXED INCOME PLATFORMS on demand all costs, charges, damages, and expenses incurred by FIXED INCOME PLATFORMS as a consequence of access and/or use of your account, the Site, System, or Services by any unauthorized third party with your User Codes. You agree to notify FIXED INCOME PLATFORMS immediately, if you believe the confidentiality and secrecy of any or all of your User Codes have been compromised in any way, or in the event of your learning about possible or actual unauthorized use of the Services, together with full details of such loss, theft or unauthorized use including the date of such loss, theft or unauthorized use and in the case of unauthorized use, the manner in which it was used and the transactions effected pursuant to such unauthorized use. FIXED INCOME PLATFORMS reserves the right to revoke your User Codes at any time without prior notice.
3. Electronic Recording
  1. You acknowledge and consent to the taping or any form of electronic recording, retention, monitoring, and use by FIXED INCOME PLATFORMS (and its employees, representatives, affiliates, and agents) of all communication, electronic or otherwise, between you and FIXED INCOME PLATFORMS or its representatives or agents and information and data that you input during your use of the Services, including without limitation, all orders placed by you to purchase or sell a security, all activities related thereto and all selections and uses of calculators and other tools included therein.
  2. You further agree that such recordings and FIXED INCOME PLATFORMS ‘s records of any orders, instructions, and communications given or made by you or FIXED INCOME PLATFORMS by electronic mail, fax or other electronic means shall be admissible as evidence and shall be final and binding evidence of the same. If FIXED INCOME PLATFORMS so chooses to record the orders, instructions, and communications, it shall be free to store the same for such period as it may deem fit and FIXED INCOME PLATFORMS may overwrite, erase, or destroy such records at such intervals as it may deem fit.
4. Property Rights in Information And Services; Suitability And Compliance With Law
  1. The Services and any Information provided through the Services are being provided by FIXED INCOME PLATFORMS only for your personal, non-commercial use and display. You may download the Information to the Computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.
  2. The Services and the Information are the property of FIXED INCOME PLATFORMS or its licensors and are protected by applicable copyright, patent, trademark, or other intellectual property law. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Information or any of the Services provided in any manner (including electronic, print, or other media now known or hereafter developed) without the written consent of FIXED INCOME PLATFORMS. You also agree not to use the Information or Services for any unlawful purpose, and you shall comply with any request of FIXED INCOME PLATFORMS or any of the third-party providers to protect their respective rights in the Information and Services.
  3. Although the Information includes material about the investment process generally as well as research commentary relating to specific securities, FIXED INCOME PLATFORMS is not providing investment or disinvestment advice through the Site and does not represent or recommend that any such securities are suitable for you. In addition, you agree to make your own independent evaluation of the investment merits and suitability for you of any such securities based on your specific investment objectives and financial position and using such independent advisors as you may believe necessary. Such Information shall not be deemed to be a solicitation of a transaction by FIXED INCOME PLATFORMS or any third-party provider acting on behalf of FIXED INCOME PLATFORMS. The information contained on the Site reflects the authors’ analysis as of the published date and does not in any way reflect the views of FIXED INCOME PLATFORMS or its affiliates. The accuracy, completeness, or timeliness of such Information cannot be guaranteed and is subject to change without notice. Further, the price for any security contained in any section of the Site may differ from the price for that security contained in any other section of the Site. Neither FIXED INCOME PLATFORMS nor any third-party provider acting on FIXED INCOME PLATFORMS behalf is under an obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Site or the date contained on the Information. You also acknowledge that neither the Services nor any of the Information will be used by you as tax or legal advice. The Information is provided on the Site on a no-liability, no-guarantee and no-obligation basis.
  4. With respect to a FIXED INCOME PLATFORMS registered client on the Site, unless we otherwise notify you in writing, any Information provided through the Services shall not be deemed to supersede or replace official statements of transactions, money, or securities positions required to be transmitted by FIXED INCOME PLATFORMS to you.
  5. Transmission or use of any material in violation of this Agreement, or any applicable law, rule, or regulation (whether of the Republic of India or other countries), or the rights of any third party is prohibited. This includes but is not limited to, copyrighted material, material that is defamatory, threatening, obscene, lewd, and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
  6. The Services are not registered under any securities law of any foreign jurisdiction and are only to be availed by a Registered Client, as the case may be, in a jurisdiction where it may be lawful to offer such Services.
5. Warranties and Limitation Of Liability Regarding The Services
  1. The accuracy, completeness, sequence, or timeliness of the information cannot be guaranteed. FIXED INCOME PLATFORMS and its affiliates, their financial advisors, agents, and licensors shall not have any responsibility or liability for direct, indirect, consequential, special, or other damages you may incur for any reliance by you on information or for the reliability, accuracy, completeness, sequence or timeliness thereof for any delays, interruption or errors in the transmission or delivery of any part of the information or services, or for any unauthorized use by you of e-mail. Any orders accepted during off-market hours will be sent to the exchanges after such exchange opens on the next trading day. Such orders will be processed on best best-effort basis. FIXED INCOME PLATFORMS does not take any responsibility or liability in any event whatsoever for any delay in processing / nonprocessing of such order by FIXED INCOME PLATFORMS, delay in acceptance and/or execution or non-acceptance and/or non-execution of the order by the concerned exchange due to any reason whatsoever.
  2. You understand that any quotations provided as part of the services may be delayed and may not reflect the prices at which the quoted securities may be bought or sold. You should not make any decisions to buy or sell securities based on such quotations or on any other information accessed on or through the Site. You understand that FIXED INCOME PLATFORMS does not guarantee that it will continue to make the information and/or services available to you, whether by the same methods currently used or otherwise. You agree not to hold FIXED INCOME PLATFORMS liable for any damages arising from a discontinuation or modification of all or part of the services or information.
  3. FIXED INCOME PLATFORMS shall ensure that order acceptance or rejection by the System is communicated to the Registered Client within a reasonable period of time. FIXED INCOME PLATFORMS shall send electronically including without limitation, trade confirmations, and notifications of trade failures for the execution of the Registered Client’s order/trade. Such confirmation shall be made available to the Registered Client by way of web postings accessible to the client after login or through an e-mail address provided by such client. The Registered Client agrees that the information sent by FIXED INCOME PLATFORMS by web posting/e-mail is deemed to be a valid delivery of such information by it.
  4. FIXED INCOME PLATFORMS may set such parameters or checks in the System that may result in the Site or System rejecting the orders of a Registered Client. Such rejection is not/would not be an indication of such a client’s creditworthiness but is a risk management measure undertaken by FIXED INCOME PLATFORMS. However, FIXED INCOME PLATFORMS shall not be liable for any direct or indirect loss or damages caused to such client by such rejection.
  5. Except as expressly set forth in this agreement, FIXED INCOME PLATFORMS and its affiliates, agents, and licensors hereby expressly disclaim all express and implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, and error-free and uninterrupted services. FIXED INCOME PLATFORMS does not warranty, guarantee, or make any representations or warranties whatsoever, express or implied, or assume any liability to you regarding (i) the use or the results of the use of the services, including without limitation any financial results based on use of the services or information or any delay or loss of use of the services, or (ii) system performance and effects on or damages to software and hardware in connection with any use of the site, services, and information.
  6. In addition to and without limiting the foregoing, FIXED INCOME PLATFORMS shall not be liable for any harm caused by the transmission, through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the services or any of your software, hardware, data or property.
  7. In addition to and without limiting the foregoing, FIXED INCOME PLATFORMS makes no representation and assumes no liability regarding the quality, safety, accuracy, or suitability of any information or software found on any other site not under FIXED INCOME PLATFORMS control.
  8. FIXED INCOME PLATFORMS and its affiliates, their respective financial advisors, agents, and licensors shall not be liable for any losses or damages incurred by you related in any way to your use of the services and information.
  9. Except as otherwise provided by law, FIXED INCOME PLATFORMS shall have no liability for losses caused by the negligence, actions, or failure to act of the provider or any third-party provider acting on FIXED INCOME PLATFORMS behalf.
  10. To the extent permitted by law, neither FIXED INCOME PLATFORMS nor the provider or any third party provider acting on FIXED INCOME PLATFORMS behalf shall be liable to you for any indirect, special, incidental, or consequential damages (regardless of whether such damages are reasonably foreseeable), or for any loss, costs, expenses including without limitation reasonable legal fees, arising from a failure, interruption, error, omission or delay in the performance of their obligations or in the transmission of information that results from a cause over which FIXED INCOME PLATFORMS or any other such entity does not have control, including but not limited to
    1. failure of electronic or mechanical equipment/any failure in the links/system failure/faults in the telecommunication network or internet or network failure or software/hardware errors at your end or at the end of FIXED INCOME PLATFORMS or of the exchanges or
    2. theft or
    3. destruction or
    4. unauthorized access, alteration, or use of information or
    5. incomplete/incorrect data or information provided to FIXED INCOME PLATFORMS over the site/system and/or any error in the execution of any request due to such incomplete/incorrect data,
    6. strikes, failures of common carrier or utility systems, severe weather, fire, floods, or other causes commonly known as “acts of god” or force majeure events.
6. Your Representations and Warranties
  1. You hereby represent and warrant that you are of the age of majority and are legally capable of entering and executing this Agreement.
  2. You hereby further represent and warrant that in conjunction with your online trading account and any other account(s) that you maintain with FIXED INCOME PLATFORMS at any time, you will utilize said account(s) solely for lawful purposes and will remain aware of, and fully comply with, all applicable laws, rules and/or regulations governing the use of said account(s) including, but not limited to, laws, rules and/or regulations relating to information technology, taxation, exchange or capital controls and reporting or filing requirements.
  3. You agree that FIXED INCOME PLATFORMS cannot advise or counsel you as to the existence or applicability of any particular law, rule, and/or regulation and that you are solely responsible for remaining aware of and complying with all such laws, rules, and/or regulations. If you are a Registered Client you hereby represent and warrant that all the information provided by you during the registration process is accurate and complete. In the case where the client is a nonresident Indian, you additionally agree to abide by the Foreign Exchange Management Act, 1999, and rules and regulations issued and amendments carried out there under from time to time and other applicable laws and any law, regulation, or rule in your jurisdiction, including but not limited to tax, foreign exchange, and capital control and for reporting or filing requirements that may apply as a result of your country of citizenship, domicile, residence or tax-paying status.
  4. You agree that you shall be fully liable and responsible for any and all unauthorized use and misuse of any of your User Codes and also for any and all acts done by any person through the System on your User Identification in any manner whatsoever, including but not limited to a third party placing a request or order on your behalf over the Site/System. You are aware that FIXED INCOME PLATFORMS is agreeable to offer the Services over the Site/System only if FIXED INCOME PLATFORMS is not required to bear and only if you agree to bear, the risk responsibility, and liability of such misuse or unauthorized use.
  5. You agree that you shall immediately notify FIXED INCOME PLATFORMS in writing with full details if:
    1. You discover or suspect unauthorized access through your User Codes or account,
    2. You notice discrepancies that might be attributable to unauthorized access
    3. You discover a security flaw in the Site or System.
  6. You shall immediately log off from the Site and System at any time that you finish accessing it.
  7. You hereby agree that you may not be allowed to do transactions through the System with respect to certain securities/segments as may be notified by FIXED INCOME PLATFORMS from time to time.
  8. You further agree that you may not be allowed to transact through the System with respect to certain securities or orders/requests below and above certain amounts, as may be notified by FIXED INCOME PLATFORMS from time to time.
  9. You further agree that you will not initiate, promote, or participate in any unfair or manipulative market practices.
  10. The use and storage of any information including, without limitation, profile, portfolio information, transaction activity, account balances, and any other information on your personal computer is at your own risk and you shall take sole responsibility for the security of such information.
  11. You are aware that you have the option of not availing of the Services. However, being fully aware of all risks, you desire the convenience of such Services, including but not limited to transmitting orders and instructions over the Site/System, and have therefore opted for such Services of your own free choice and are willing and agreeable to bear all associated risks, responsibility, and liability.
7. Risk Disclosure

  • We shall be wholly responsible for all your investments that you are making with us

  • all monies that may be required to open and/or to maintain your account shall be held subject to a general lien for the discharge of your obligations to FIXED INCOME PLATFORMS;

8. Confidentiality

FIXED INCOME PLATFORMS shall use reasonable precautions to maintain the confidentiality of the information you have provided to FIXED INCOME PLATFORMS and information you have created, inputted, or developed in connection with your use of the Services, but because such information can be accessed through the internet, you hereby acknowledge and agree that there can be no assurance that the information, any Information provided to you through the Services, the orders placed by you to purchase or sell a security or to transfer funds or any communication through e-mail will remain secure. In addition, FIXED INCOME PLATFORMS may disclose such information to its employees, representatives, officers, agents, and affiliates, as well as a governmental or regulatory entity or recognized stock exchanges, the service providers, or any other third-party agent or service provider for any purpose related to the conduct of FIXED INCOME PLATFORMS’s business or to the offering, providing or maintaining of the Services, to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or regulatory body or recognized stock exchanges or official requesting such information, or for any other legitimate business purpose.

9. Governing Law

Except for statutes of limitation applicable to claims, this Agreement and all the terms herein shall be governed by and construed in accordance with the laws of the Republic of India without giving effect to principles of conflicts of law. For non-exchange transactions, the statute of limitation applicable to any claim shall be that which would be applied by the courts of the state in which you reside.

10. Dispute Resolution

Any disputes raised between both parties shall be settled by arbitration by a sole arbitrator to be appointed by Customer/FIXED INCOME PLATFORMS. The arbitration shall be governed by the provisions of the Arbitration & Conciliation Act, 1996.

11. Jurisdiction

This Agreement shall at all times take effect as having been made, entered into, and to be performed in the city of Vijayawada and the parties shall be deemed to have submitted to the exclusive jurisdiction of the competent courts/appropriate forums of/at Vijayawada with respect to all disputes between you and FIXED INCOME PLATFORMS. The court of law shall only have jurisdiction for all matters referable to a court of law under the Arbitration and Conciliation Act, 1996 or otherwise. The Client and the Member agree to refer any claims and/or disputes to arbitration if and to the extent required by applicable laws. However, in matters where the Exchange is a party to the dispute, the Civil Courts at Mumbai shall have exclusive jurisdiction, and in all other matters pertaining to Stock Exchange transactions, proper courts within the area covered under the respective Regional Arbitration Centre shall have jurisdiction in respect of the arbitration proceedings falling/conducted in that Regional Arbitration Centre.

12. Termination

Either you or FIXED INCOME PLATFORMS may terminate this Agreement and your access to the Services at any time by giving 30 days’ notice. If you are a Registered Guest, your registration for these Services may continue for thirty (30) days from the time you registered unless terminated sooner by either you or FIXED INCOME PLATFORMS. FIXED INCOME PLATFORMS may discontinue or change the Information or the Services, or their availability to you, at any time. Any violation or breach by you of any of the terms of this Agreement will be cause for FIXED INCOME PLATFORMS to terminate your access to the Services without notice. Paragraphs ‘WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES’, ‘CONFIDENTIALITY’, and ‘ASSIGNMENT’ shall survive termination of this Agreement.

13. Assignment

Resale and/or any commercial redistribution of the Services or Information, is not permitted. This Agreement and your rights and obligations hereunder may not be assigned by you without the written permission of FIXED INCOME PLATFORMS and shall inure to the benefit of FIXED INCOME PLATFORMS successors and assigns whether by merger, consolidation, or otherwise. FIXED INCOME PLATFORMS may assign this Agreement or any of its rights or obligations under this Agreement to the extent permitted by the laws to a company affiliated with, or a successor to or assignee of, FIXED INCOME PLATFORMS, or to any other third party.

14. Indemnification

You hereby indemnify and hold harmless FIXED INCOME PLATFORMS (and its directors, officers, employees, control persons, vendors, licensors, and agents), the Provider, and any third-party provider from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and costs) arising out of or related to the breach of your agreements, representations and warranties contained in this Agreement or your use of the Services or Information

  • in violation of this Agreement,

  • in violation of any rights of FIXED INCOME PLATFORMS, the Provider, and any third party Information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or

  • in violation of any applicable law, rule or regulation, or (iv) your failure to maintain the security of your User Codes as applicable in accordance with this Agreement. This indemnification shall be binding upon you and your executors, heirs, successors, and assigns.