Annexure - A
Communiqué no. CDSL/DP/OPS/989 dated November 13, 2007
Terms And Conditions-cum-Registration / Modification Form for receiving SMS
Alerts from CDSL
Definitions:
In these Terms and Conditions the terms shall have following meaning unless indicated otherwise:
1. "Depository" means Central Depository Services (India) Limited a company incorporated in India under the Companies Act 1956 and having its
registered office at 17th Floor, P.J. Towers, Dalal Street, Fort, Mumbai 400001 and all its branch offices and includes its successors and assigns.
2. ‘DP’ means Depository Participant of CDSL. The term covers all types of DPs who are allowed to open demat accounts for investors.
3. ‘BO’ means an entity that has opened a demat account with the depository. The term covers all types of demat accounts, which can be opened with a
depository as specified by the depository from time to time.
4. SMS means “Short Messaging Service”
5. “Alerts” means a customized SMS sent to the BO over the said mobile phone number.
6. “Service Provider” means a cellular service provider(s) with whom the depository has entered / will be entering into an arrangement for providing the
SMS alerts to the BO.
7. “Service” means the service of providing SMS alerts to the BO on best effort basis as per these terms and conditions.
Availability:
1. The service will be provided to the BO at his / her request and at the discretion of the depository. The service will be available to those accountholders
who have provided their mobile numbers to the depository through their DP. The services may be discontinued for a specific period / indefinite period,
with or without issuing any prior notice for the purpose of security reasons or system maintenance or for such other reasons as may be warranted. The
depository may also discontinue the service at any time without giving prior notice for any reason whatsoever.
2. The service is currently available to the BOs who are residing in India.
3. The alerts will be provided to the BOs only if they remain within the range of the service provider’s service area or within the range forming part of the
roaming network of the service provider.
4. In case of joint accounts and non-individual accounts the service will be available, only to one mobile number i.e. to the mobile number as submitted at
the time of registration / modification.
5. The BO is responsible for promptly intimating to the depository in the prescribed manner any change in mobile number, or loss of handset, on which the BO wants to receive the alerts from the depository. In case of change in mobile number not intimated to the depository, the SMS alerts will continue to
be sent to the last registered mobile phone number. The BO agrees to indemnify the depository for any loss or damage suffered by it on account of SMS
alerts sent on such mobile number.
Receiving Alerts:
1. The depository shall send the alerts to the mobile phone number provided by the BO while registering for the service or to any such number replaced
and informed by the BO from time to time. Upon such registration / change, the depository shall make every effort to update the change in mobile
number within a reasonable period of time. The depository shall not be responsible for any event of delay or loss of message in this regard.
2. The BO acknowledges that the alerts will be received only if the mobile phone is in ‘ON’ and in a mode to receive the SMS. If the mobile phone is in ‘Off’’
mode i.e. unable to receive the alerts then the BO may not get / get after delay any alerts sent during such period.
3. The BO also acknowledges that the readability, accuracy and timeliness of providing the service depend on many factors including the infrastructure,
connectivity of the service provider. The depository shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way
whatsoever.
4. The BO further acknowledges that the service provided to him is an additional facility provided for his convenience and is susceptible to error, omission
and/ or inaccuracy. In case the BO observes any error in the information provided in the alert, the BO shall inform the depository and/ or the DP
immediately in writing and the depository will make best possible efforts to rectify the error as early as possible. The BO shall not hold the depository
liable for any loss, damages, etc. that may be incurred/ suffered by the BO on account of opting to avail SMS alerts facility.
5. The BO authorizes the depository to send any message such as promotional, greeting or any other message that the depository may consider
appropriate, to the BO. The BO agrees to an ongoing confirmation for use of name, email address and mobile number for marketing offers between
CDSL and any other entity.
6. The BO agrees to inform the depository and DP in writing of any unauthorized debit to his BO account/ unauthorized transfer of
securities from his BO account, immediately, which may come to his knowledge on receiving SMS alerts. The BO may send an email
to CDSL at complaints [at] cdslindia [dot] com. The BO is advised not to inform the service provider about any such unauthorized debit to/
transfer of securities from his BO account by sending a SMS back to the service provider as there is no reverse communication
between the service provider and the depository.
7. The information sent as an alert on the mobile phone number shall be deemed to have been received by the BO and the depository shall not be under
any obligation to confirm the authenticity of the person(s) receiving the alert.
8. The depository will make best efforts to provide the service. The BO cannot hold the depository liable for non-availability of the service in any manner
whatsoever.
9. If the BO finds that the information such as mobile number etc., has been changed with out proper authorization, the BO should immediately inform the
DP in writing.
Annexure - A
Communiqué no. CDSL/DP/OPS/989 dated November 13, 2007 Page 2 of 2
Fees:
Depository reserves the right to charge such fees from time to time as it deems fit for providing this service to the BO.
Disclaimer:
The depository shall make reasonable efforts to ensure that the BO’s personal information is kept confidential. The depository does not warranty the confidentiality or security of the SMS alerts transmitted through a service provider. Further, the depository makes no warranty or representation of any kind in relation to the system and the network or their function or their performance or for any loss or damage whenever and howsoever suffered or incurred by the BO or by any person resulting from or in connection with availing of SMS alerts facility. The Depository gives no warranty with respect to the quality of the service provided by the service provider. The Depository will not be liable for any unauthorized use or access to the information and/ or SMS alert sent on the mobile phone number of the BO or for fraudulent, duplicate or erroneous use/ misuse of such information by any third person.
Liability and Indemnity:
The Depository shall not be liable for any breach of confidentiality by the service provider or by any third person due to unauthorized access to the information
meant for the BO. In consideration of the depository providing the service, the BO agrees to indemnify and keep safe, harmless and indemnified the depository and its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever which a depository may at any time incur, sustain, suffer or be put to as a consequence of or arising out of interference with or misuse, improper or fraudulent use of the service by the BO.
Amendments:
The depository may amend the terms and conditions at any time with or without giving any prior notice to the BOs. Any such amendments shall be binding on the
BOs who are already registered as user of this service.
Governing Law and Jurisdiction:
Providing the Service as outlined above shall be governed by the laws of India and will be subject to the exclusive jurisdiction of the courts in Mumbai.
I/We wish to avail the SMS Alerts facility provided by the depository on my/our mobile number provided in the registration form subject to the terms and conditions mentioned below. I/ We consent to CDSL providing to the service provider such information pertaining to account/transactions in my/our
account as is necessary for the purposes of generating SMS Alerts by service provider, to be sent to the said mobile number.
I/We have read and understood the terms and conditions mentioned above and agree to abide by them and any amendments thereto made by the depository from time to time. I/ we further undertake to pay fee/ charges as may be levied by the depository from time to time.
I / We further understand that the SMS alerts would be sent for a maximum four ISINs at a time. If more than four debits take place, the BOs would be required to
take up the matter with their DP.
I/We am/ are aware that mere acceptance of the registration form does not imply in any way that the request has been accepted by the depository for providing
the service.
I/We provide the following information for the purpose of REGISTRATION / MODIFICATION (Please cancel out what is not applicable).
BOID
(Please write your 8 digit DPID) (Please write your 8 digit Client ID)
Sole / First Holder’s Name : ______________________________________________________________________________________________________
Second Holder’s Name : ______________________________________________________________________________________________________
Third Holder’s Name : ______________________________________________________________________________________________________
Mobile Number on which
messages are to be sent
+91
(Please write only the mobile number without prefixing country code or zero)
The mobile number is registered in the name of: ___________________________________________________________________________________________
Email ID: ___________________________________________________________________________________________________________________________
(Please write only ONE valid email ID on which communication; if any, is to be sent)
_______________________ ___________________________ __________________________
Signatures Sole / First Holder Second holder Third Holder
Place: _______________ Date: _______________