TERMS AND CONDITIONS – September 2008

This document lays out the terms and conditions which shall be applicable to all the accounts which are existing or may be opened anytime in future with Anand Rathi Financial Services Limited (ARFSL). The company refers to ARFSL, a financial service provider incorporated in India under the companies Act 1956 and have its registered office at Anand Rathi Financial Services, B-2, Shubham Centre, 5th Floor, Cardinial Gracious Road, Chakala, Andheri (E), Mumbai - 400 099.

1. DEFINITIONS AND INTERPRETATIONS:

a. PROSPER, the Online Portfolio Access Facility, is a service which provides access to view your portfolio through the internet.

b. Client refers to a person who has an account with ARFSL

c. Personal Information refers to information about the client obtained in connection with PROSPER.

2. APPLICABILITY OF TERMS :

These terms form the contract between the Client and ARFSL.

3. APPLICATION FOR PROSPER:

ARFSL may offer PROSPER service to select customers at its discretion. I agree that in order to be eligible for PROSPER service, I would need to be having access to the Internet and knowledge of the use and functionality of the Internet. I accept that my application for PROSPER service does not automatically imply acceptance by ARFSL.ARFSL at its Sole discretion may reject my request for Registration for PROSPER. The decision of ARFSL will be final and binding on me.

4. SOFTWARE: ARFSL will advise from time to time the Internet Software such as Browsers, which are required for using PROSPER. There will be no obligation on the ARFSL to support all the versions of this Internet Software. I agree that I shall be responsible for upgrading my software, hardware and the operating system at my cost from time to time so as to be compatible with that of the ARFSL. The ARFSL shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time and shall be under no obligation to support the software, hardware, operating systems used by me and that the same shall be my sole responsibility.

5. PROSPER SERVICE:

The ARFSL shall endeavor to provide through PROSPER, such services as the ARFSL may decide from time to time. The ARFSL reserves the right to decide the type of services that may be offered on each account and may differ from customer to customer. These facilities shall be offered in a phased manner at the discretion of the ARFSL. The ARFSL may also make additions / deletions to the services offered through PROSPER at its sole discretion. The availability / non-availability of a particular service shall be advised through e-mail or SMS or website of the ARFSL or through written communication. All accounts opened with the ARFSL attached to the same User id will be accessible through PROSPER. In case of Minor accounts, the natural guardian undertakes to give all instructions relating to the operation of the account and further undertakes not to reveal the User id and PASSWORD to the Minor. The ARFSL shall take reasonable care to ensure the security of and prevent unauthorized access to the PROSPER Service using technology reasonably available to the ARFSL.

6. PROSPER ACCESS:

I understand that the ARFSL would allot me a User id and PASSWORD in the first instance. I will be required to change the PASSWORD assigned by the ARFSL on accessing PROSPER for the first time and thereafter at certain intervals. As a safety measure, the ARFSL may ask me to change my PASSWORD on a compulsory basis. I agree that in the absence of any specific request from me for personally collecting the PASSWORD, the PASSWORD shall be sent to me by courier at my risk and consequences to the address notified by me for correspondence. I agree that I shall not attempt or permit others to attempt accessing the account information stored in the computers of the ARFSL through any means other than the PROSPER Service. I am aware that the transaction through PROSPER can be effected by concurrent use of User id and PASSWORD.

7. MAILING ADDRESS:

All correspondence / delivery by the ARFSL shall only be at the address and / or e-mail address as registered with the ARFSL through Online registration form.

8. TRANSACTION PROCESSING:

I shall not, at any time, provide to any person, with any details of the accounts held by me with the ARFSL including User id and PASSWORD, which may be assigned to me by the ARFSL from time to time. I agree that the ARFSL shall be entitled to presume that all instructions received by the ARFSL by using my User id and PASSWORD are in order / genuine and have been actually given by me and I shall be bound by the same conclusively.

9. RISKS:
I hereby acknowledge that I am availing the PROSPER Service at my own risk.

10. MISUSE OF USER ID & PASSWORD:

I shall ensure that the Terms and Conditions applicable to the use of the User id and PASSWORD as contained herein are complied with at all times.

a. Internet Frauds:

The Internet per se is susceptible to a number of frauds, misuse, hacking and other actions that could expose my portfolio information to an undesired user . Whilst the ARFSL shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions that could expose my portfolio information to the undesired user. I shall separately evolve/ evaluate all risks arising out of the same and the ARFSL shall not be responsible for the same.
I understand that using a PROSPER service at a Cybercafe / shared computer terminal is risky and I shall not use the services of a cybercafe/shared computer terminal to view my portfolio online.

b. Mistakes and Errors:

The filling in of applicable data for PROSPER opening would require proper, accurate and complete details. In the event of any inaccuracy in this regard, the user-id and password maybe incorrectly issued or sent to a wrong address and there is no guarantee of recovery of the same thereafter. I shall therefore take all care to ensure that there are no mistakes and errors and that the information given by me to the ARFSL in this regard is error free, accurate, proper and complete at all points of time. I indemnify the ARFSL from any loss due to an error on my part.

c. Technology Risks:

The technology for enabling the online access for viewing your portfolio offered by the ARFSL could be affected by virus or other malicious, destructive or corrupting code, programme or macro. It may also be possible that the site of the ARFSL may require maintenance and during such time it may not be possible to process the request of the customers. This could result in delays in the processing of instructions or failure in the processing of instructions. I understand that the ARFSL disclaims all and any liability, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the ARFSL to honour any customer instruction for whatsoever reason.

11. INDEMNITY:
I shall indemnify the ARFSL from and against all losses and damages that may be caused as a consequence of breach of any of the Terms and Conditions mentioned herein above.

12. WARRANTY

The ARFSL's sole obligation and my sole and exclusive remedy in the event of interruption to the PROSPER service or loss of use and/or access to the ARFSL's website shall be to use all reasonable endeavour to restore the services and/or access as soon as reasonably possible. The ARFSL makes no express or implied warranty with respect to the PROSPER service provided hereunder including without limitations any warranties of uninterrupted/error-free performance of the PROSPER System, non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose.

13. PROPRIETARY RIGHTS:

I acknowledge that the software and hardware underlying the PROSPER Service as well as other Internet related software which are required for accessing PROSPER are the legal property of the respective Vendors/ARFSL. The permission given by the ARFSL to access PROSPER will not convey any proprietary or ownership rights in the above software / hardware. I agree that I shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software / hardware underlying PROSPER or create any derivative product based on the software / hardware.

14. TERMINATION OF PROSPER SERVICE:

I may request for termination of the PROSPER Services any time by giving a written notice of at least 15 days to the ARFSL. I agree that I will remain responsible for any issue related to PROSPER prior to the time of such cancellation of the PROSPER Service.
The closure of all my accounts will automatically terminate the PROSPER Service.
The ARFSL may suspend or terminate PROSPER Services either wholly or partially at any time by giving to me at least 30 days notice under normal circumstances.

15. NOTICES:
The ARFSL and I may give notices under these Terms and Conditions:

a. Electronically to the mailbox of either party.

b. In writing by delivering them by hand or by sending them by post to the last address given by me and in the case of the ARFSL to the Corporate office address as set out hereinabove.

c. In addition, the ARFSL may also publish notices of general nature, which are applicable to all customers of PROSPER on its web site. Such notices will have the same effect as a notice served individually to me.