The usage of this Network platform by a user / client shall mean that he / she agrees with the
following terms:
General
This page contains important information regarding the terms and conditions which apply to your trading/
advisory/ demat/ PMS / mutual fund/ any other account with an entity of the Spark Group. Spark Family
Office and Investment Advisors (India) Private Limited (hereinafter referred to as “SPARK”) is a Trading
Member of NSE and BSE, registered with Securities & Exchange Board of India ("SEBI") and having
Registration No. INZ000285135 for Cash/Derivatives segments of NSE & BSE. SPARK is also registered
with SEBI as an Investment Advisor holding Registration No. INA200000712, a Portfolio Manager vide
Registration No. INP200007274 and an AMFI Registered Mutual Fund Distributor vide ARN No.
ARN86685. The Depository services for your account will be enabled through Spark Capital Advisors
(India) Private Limited, a Depository Participant using CDSL as the Depository having SEBI Registration
No. IN-DP-453-2020. Access to your account and the usage of your account is subject to your compliance
with all the terms and conditions set forth herein, read along with all documents, including but not limited
to; applications forms and undertakings, signed by you during account opening. Please read this page
carefully and retain it for future reference.
Orders
All orders for purchase, sale or other dealings in securities and other instructions routed through the
SPARK’s Online Trading System via the client’s Username shall be deemed to have been given by the
client. SPARK may from time to time impose and vary limits on the orders which the client can place
through SPARK’s online trading System (including exposure limits, turnover limits, limits as to the number,
value and/or kind of securities in respect of which orders can be placed, the companies in respect of
whose securities orders can be placed, etc.). The client is aware and agrees that SPARK may need to
vary or reduce the limits or impose new limits urgently on the basis of the SPARK’s risk perception and
other factors considered relevant by SPARK, and SPARK may be unable to inform the client of such
variation, reduction or imposition in advance. The client agrees that SPARK shall not be held responsible
for such variation, reduction or imposition or the client’s inability to route any order through SPARK’s
Online Trading System on account of any such variation, reduction or imposition of limits. The client
understands and agrees that SPARK 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 SPARK.
Though orders will generally be routed to the Exchange’s computer systems within a few seconds from
the time the order is placed by the client on SPARK’s Online Trading System, SPARK shall not be liable
for any delay in the execution of any order or for any resultant loss on account of the delay.
Online account opening
Online account opening using AADHAAR is currently available only for residents of India opening
accounts for an individual (HUFs, corporate bodies, NRIs, etc., not eligible). When opening an account
online using AADHAAR, data will be fetched from the KYC database and cannot be edited. Pick up of
required documents related to the account opening procedure is subject to availability of our
representatives, given at any particular time and location.
Trading, settlement and accounts
The client agrees that all orders placed through the Network platform shall be forwarded by the system to
the Exchange. 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
SPARK 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.
SPARK may, at its sole discretion, reject any order placed on the Network 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 opts for margin trading, suspension of scripspecific trading activities by or on an Exchange and the applicability of circuit breaker to a scrip in which
orders are placed. All pending orders shall be governed as per the exchange systems, after the market is
closed for the day.
The client is aware that the electronic trading systems either at the Exchange or in the office of SPARK
offices are vulnerable to temporary disruptions, breakdowns or failures. In the event of non-execution of
trade orders or trade cancellation due to the happening of such events or vulnerabilities due to failure /
disruption / breakdown of system or link, SPARK shall be entitled to cancel relative request/(s) with the
client and shall not be liable to execute the desired transactions of the client’s. In such event, SPARK
does not accept responsibility for any losses incurred / that may be incurred by the client due to such
eventualities which are beyond the control of SPARK.
SPARK shall not be responsible for any order, that is made by the client by mistake and every order that
is entered by the client through the use of the allotted user name and the security code(s) shall be
deemed to be a valid order for which the client shall be fully responsible. Cancellation or modification of
an order pursuant to the client’s request in that behalf is not guaranteed.
Margin
The client agrees and undertakes to immediately deposit with SPARK such cash, securities or other
acceptable security, which SPARK may require as margin. The client agrees that SPARK shall be entitled
to require the client to deposit with SPARK a higher margin than that prescribed by the Exchange. SPARK
shall also be entitled to require the Client to keep permanently with SPARK a margin of a value specified
by SPARK so long as the client desires to avail of the Online Trading Service of SPARK.
The client undertakes to monitor the market value of such securities on a continuous basis. The client
further undertakes to replenish any shortfall in the value of the margin consequents to a fall in the market
value of such securities placed as margin immediately whether or not SPARK intimates such shortfall.
License and Site Access
SPARK grants you a limited license to access and make personal use of the Network platform. This
license does not include any downloading or copying of any kind of information for the benefit of another
individual, vendor or any other third party; caching, unauthorized hypertext links to the Site and the
framing of any Content available through the Site uploading, posting, or transmitting any content that
you do not have a right to make available (such as the intellectual property of another party); uploading,
posting, or transmitting any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; any action that imposes or may impose (in SPARK's sole discretion)
an unreasonable or disproportionately large load on SPARK's infrastructure; or any use of data mining,
robots, or similar data gathering and extraction tools. You may not bypass any measures used by
SPARK to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the
permission or license granted to you by SPARK.
By using the Network platform you agree :
(i) not use this Network platform or its contents for any commercial purpose;
(ii) not to make any speculative, false, or fraudulent transaction or any transaction in anticipation of
demand;
(iii) not to access, monitor or copy any content or information from this Network platform using any
automated means or any manual process for any purpose without our express written
permission;
(iv) not to take any action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
(v) not to gain unauthorized access to other computer systems.
Information Sharing and Confidentiality
In consideration of your usage of this Network platform, you represent that you are legally authorised to
form a binding contract and are not a person barred from receiving services under the laws as
applicable in India. You also agree to provide true, accurate, current and complete information about
yourself as prompted by our registration forms or any information provided by you by other means of
communication. If you provide any information that is untrue, inaccurate, not current or incomplete (or
becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of our products (or any portion
thereof). You undertake to indemnify and keep indemnified SPARK for any loss, claim, damage, costs
(including legal and professional costs) relating to any abuse or violation including those aforesaid.
Intellectual Property Rights
This Network platform and all information and materials contained therein belongs to SPARK, its affiliates
and third parties. We retain all the intellectual property rights to our Network platform. Nothing in this
Network platform is to construe that a license or a right to use has been granted to you to use our
intellectual property rights. You are strictly prohibited from using ours, our affiliates, or any third party
displayed intellectual property rights without prior written permission. You or any third party accessing the
Network platform are strictly prohibited to modify, reproduce, store, transmit, copy, distribute, create a
derivative work or in any other way to use the intellectual property rights for commercial or public
purposes or otherwise without seeking prior written permission from SPARK.
Trademarks and Copyright
The content and information contained within our Network platform or delivered to you in connection
with your use of our Network platform is the property of SPARK and any other third party (where
applicable). The trademark, trade names and logos (the "Trade Marks") that are used and displayed on
our Network platform include registered and unregistered Trade Marks of us and other third parties.
Nothing on our Network platform should be construed as granting any license or right to use any Trade
Marks displayed on our Network platform. We retain all proprietary rights on our Network platform.
Users are prohibited from using the same without written permission of SPARK of such or such other
parties. The materials on this Network platform are protected by copyright and no part of such materials
may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means),
copied, distributed, used for creating derivative works or used in any other way for commercial or public
purposes without the prior written consent of SPARK.
Limitation of Liability
You expressly understand and agree that SPARK and its subsidiaries, affiliates, officers, directors,
employees, agents and licensors shall not be liable to you for any direct, indirect, incidental, special,
consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if SPARK has been advised of the possibility of such
damages), resulting from usage of the site, content or any related services. If, despite the limitation
above, SPARK or its affiliates are found liable for any loss or damage which arises out of or in any way
connected with any of the occurrences described above, then the liability of SPARK and/or Its Affiliates
will in no event exceed, in the aggregate, the greater of the service fees you paid to SPARK in
connection with such transaction(s) on this Site. The limitations specified in this section will survive and
apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
Governing Law and Jurisdiction
These Terms shall be construed in accord with the applicable laws of India. The Courts at Chennai
shall have exclusive jurisdiction in any proceedings arising out of these Terms.
In the event of any dispute or difference either in interpretation or otherwise, of any terms of these
Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by SPARK
and such Arbitrator’s decision shall be final and binding on you. The above arbitration shall be in
accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration
shall be conducted in English language and shall be held in Chennai.
E-mail/ SMS and Voice Communications:
All clients who register on our site agree, acknowledge and accept as per the terms and conditions and
that even if they are registered under NDNC, DND (Do Not Disturb), by accepting the terms, you
authorize SPARK, to call and assist you and/or SMS/E-Mail you by virtue of you having voluntarily
registered on our Network platforms.
Declined Transactions
We do not store any information related to your Net banking. In case we do not receive an authorization
from the respective bank or the transaction gets interrupted due to any reason, the transaction will be
treated as failed and no order will be processed for that transaction.
In this case, if any amount has been deducted from your account, the same will be credited back. The
liability for use of net banking fraudulently will be on you and the onus to 'prove otherwise' shall be
exclusively on you.
Force majeure
SPARK shall not be responsible for delay or default in the performance of their obligations due to
contingencies beyond their control, such as (including but not limited to) losses caused directly or
indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake,
war, strikes, failure of the systems, failure of the internet links or government / regulatory action.
Security
We have in place appropriate technical and security measures to prevent unauthorized or unlawful
access to or accidental loss of or destruction or damage to your information. When we collect data
through our product, we collect your personal details on a secured server. The payment details are
entered on the Payment Gateway’s or Bank’s page on a secured SSL. The data is transferred between
Bank and gateways in an encrypted manner.
SPARK utilizes various information security measures, secured data transmission and other security
techniques to protect your personal data. However, please keep in mind that transmitting information via
the internet is never completely secure and thus any information submitted may be intercepted,
collected, used or disclosed by others. As per our stringent security procedures we disclose your
personal information to you only after validating your proof of identity. You are responsible for protecting
against unauthorized access to your password and to your computer. We are not responsible for the
security or confidentiality of communications you send to us through the internet over email messages.
Password Protection
SPARK will provide the client with a username and a trading password which will enable him to avail of
the facilities of Online Trading through our Network platform, over the telephone or in any such other
manner as may be permitted for availing of the services. SPARK may also provide the client with the
username and password for accessing its back-office for various reports, etc. All terms regarding the use,
reset and modification of such password shall be governed by information on the Network platform. You
are required to keep your password secure. If so provided in the interface of the network platform you can
also change your password on the Network platform at any time.
The client acknowledges that he is fully aware of and understands the risks associated with availing of
online trading services through internet including the risk of misuse and unauthorised use of his
Username and/or Password by a third party and the risk of a person hacking into the client’s account on
SPARK’s Online Trading System and unauthorisedly routing orders on behalf of the client through the
System. The client agrees that he shall be fully liable and responsible for any and all unauthorised use
and misuse of his Password and/or Username and also for any and all acts done by any person through
SPARK’s Online Trading System on the client’s Username in any manner whatsoever.
Without prejudice to the provisions mentioned herein above, the client shall immediately notify SPARK in
writing with full details if he discovers or suspects unauthorised access through his Username, Password
or Account, he notices discrepancies that might be attributable to unauthorised access, he forgets his
password or he discovers a security flaw in SPARK’s Online Trading System.
Session Control
SPARK may put in an internal session manager that will ensure that if you are not around your browser
for more than 20 minutes it asks for a login once you are back.
Internet Scanners and Intrusion Detection System
The system maintains a database of attack signatures which is continuously updated and against which it
will scan all incoming traffic to detect any malicious activity or hacking attempts into the Website. In the
event of a possible attack, it will terminate that session, log the attack details and also alert the
administrator.
Modification
SPARK reserves the right to delete, modify, change or discontinue any or all of the information on this
Network platform without giving notice to any user, individual, group of individuals, institutions and any
such governing bodies.
