Complete the form below to open your Central Depository System (CDS) account
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE AND CONFIRM THE FOLLOWING:
"HAVING READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THE DIGITAL ACCOUNT OPENING FACILITY, I HEREBY AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS"
This Agreement is entered between you (hereinafter referred to as "Client") and the Central Depository System (hereinafter referred to as "CDS") and shall govern the use of the Digital Account Opening Facility by the Client.
This Agreement is legally binding between the Client and CDS. By using the Digital Account Opening Facility, the Client agrees that the Client has read, understood and accepted all the terms and conditions contained in this Agreement and other policies related to the Digital Account Opening Facility.
This Agreement and other policies of may be amended at any time by posting a revised version on the CDS website. The revised version will be effective at the time it is posted.
"You, Your, I, Client" refers to the individual that has agreed to use the Digital Account Opening Facility in accordance with this Agreement.
Hereinafter jointly called and referred to as the "parties" and individually as "party".
The parties agree that Digital Account Opening Facility shall be governed by these Terms and Conditions and any other regulations set forth by other regulatory bodies and the Government of Sri Lanka.
CDS : means Central Depository Systems (Pvt) Limited and its parent company, Colombo Stock Exchange.
CDS Account : means an account opened on behalf of a person in CDS in accordance with CDS Rules.
CSE Mobile App : The software application which gives Client the access to the e-services provided by CDS.
Mobile Device : means a mobile phone, tablet, phablet or such other mobile device that has the ability to connect to mobile telecom networks and has internet connectivity, subject always to such specification requirements as may be notified by CDS from time to time.
Mobile Number : means the mobile number of the Client that is registered with CDS or has otherwise been provided by the Client when opening a CDS Account digitally as a contact number to communicate with CDS.
Client: A person qualified under paragraph [2] hereto and who wishes to open a CDS Account via this Digital Account Opening Facility.
Registration Information: the information and supporting evidence provided by the Client to CDS for the purpose of opening a CDS Account digitally.
Digital Account Opening Facility: means the facility given herein to open a CDS Account digitally.
Terms and Conditions: means these terms and conditions, as may be supplemented, substituted, amended or replaced by CDS from time to time.
User Credentials: means user IDs, PINs, passwords applicable to the CSE Mobile App including the Digital Account Opening Facility.
The CDS shall comply with the Colombo Stock Exchange Privacy Policy when delivering services in relation to the Digital Account Opening Facility.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE AND CONFIRM THE FOLLOWING:
"HAVING READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THE DIGITAL ACCOUNT OPENING FACILITY, I HEREBY AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS"
This Agreement is entered between you (hereinafter referred to as "Client") and the Central Depository System (hereinafter referred to as "CDS") and shall govern the use of the Digital Account Opening Facility by the Client.
This Agreement is legally binding between the Client and CDS. By using the Digital Account Opening Facility, the Client agrees that the Client has read, understood and accepted all the terms and conditions contained in this Agreement and other policies related to the Digital Account Opening Facility.
This Agreement and other policies of may be amended at any time by posting a revised version on the CDS website. The revised version will be effective at the time it is posted.
"You, Your, I, Client" refers to the individual that has agreed to use the Digital Account Opening Facility in accordance with this Agreement.
Hereinafter jointly called and referred to as the "parties" and individually as "party".
The parties agree that Digital Account Opening Facility shall be governed by these Terms and Conditions and any other regulations set forth by other regulatory bodies and the Government of Sri Lanka.
CDS : means Central Depository Systems (Pvt) Limited and its parent company, Colombo Stock Exchange.
CDS Account : means an account opened on behalf of a person in CDS in accordance with CDS Rules.
CSE Mobile App : The software application which gives Client the access to the e-services provided by CDS.
Mobile Device : means a mobile phone, tablet, phablet or such other mobile device that has the ability to connect to mobile telecom networks and has internet connectivity, subject always to such specification requirements as may be notified by CDS from time to time.
Mobile Number : means the mobile number of the Client that is registered with CDS or has otherwise been provided by the Client when opening a CDS Account digitally as a contact number to communicate with CDS.
Client: A person qualified under paragraph [2] hereto and who wishes to open a CDS Account via this Digital Account Opening Facility.
Registration Information: the information and supporting evidence provided by the Client to CDS for the purpose of opening a CDS Account digitally.
Digital Account Opening Facility: means the facility given herein to open a CDS Account digitally.
Terms and Conditions: means these terms and conditions, as may be supplemented, substituted, amended or replaced by CDS from time to time.
User Credentials: means user IDs, PINs, passwords applicable to the CSE Mobile App including the Digital Account Opening Facility.
The Client should be
The CDS shall comply with the Colombo Stock Exchange Privacy Policy when delivering services in relation to the Digital Account Opening Facility.
Colombo Stock Exchange Group (hereinafter referred to as the "CSE Group") pays special attention to the collection, use, processing and storage of personal data with which it comes into contact in its day-to-day activity. Compliance with the legislation and alignment with the new provisions in the field of data protection has always been a priority for the company.
As a global financial services and technology provider, CSE Group is committed to protecting personal information and complying with applicable privacy requirements in a trustworthy, transparent, and responsible manner. CSE Group collects, processes, and transfers personally identifiable information when conducting business with both internal and external stakeholders." This Privacy Notice applies to all activities involving customer personal data within the CSE Group. The CSE Group refers to the Colombo Stock Exchange and its subsidiaries that work in close collaboration to facilitate stock exchange operations and related services. Due to the nature of this joint operation, customer data may be processed by the CSE Group in accordance with the terms set out in this Privacy Notice. While CDS will primarily act as the custodian of the data, both CSE, CSE Clear and CDS CSE Group may assume roles in data ownership and processing responsibilities as the CSE Group, depending on the specific business process involved.
1.1 This Privacy notice explains how the CSE Group collects information from you when you:
1.1.1 use our products or services; including but not limited to the opening of Securities Accounts with The Central Depository Systems (Pvt.) Ltd (CDS) - a subsidiary of the CSE, CDS e-connect, SMS Alerts Facility and e-Statements;
1.1.2 submit documents to the CDS or subscribe for alerts or newsletters;
1.1.3 attend one of our events, or an event hosted by the CSE Group, at the Head Office or the CDS premises or any place defined by the CSE Group, within or outside Sri Lanka;
1.1.4 visit or register to use https://www.cse.lk/corporate (the "Website") or any CSE Group Website.
1.2 Our Websites use cookies and other tracking technologies to improve and tailor your browsing experience. Please read our latest Cookie Policy for more information.
1.3 CSE reserves the right to change this Privacy Notice at any time by posting the updated Notice here along with the date on which the Notice was changed. If we make material changes to this Privacy Notice that affect the way we collect, use and/or share your personal information, we will notify you by including a "Newly Updated" label with the "Privacy Notice" link on our Services for 30 days after material changes are made. Further, please read this Privacy notice carefully and re-visit this page from time to time to review any changes that may have been made.
1.4 It should be noted that all the personal information collected and processed by the CSE Group will also be stored and maintained with your respective stockbroker firm/s for providing stock brokering services.
1.5 In the event of any conflict between this Privacy notice and the terms of a contract you have with us, the relevant provision of that contract shall prevail. Nothing in this Privacy notice shall apply to the extent that it is incompatible with applicable data protection laws.
1.6 Your personnel information shall be held in our databases as per the Personal Data Protection policies and procedures of the CSE Group.
2.1" Personal Information" refers to information which does or can identify you as an individual. The types of Personal Information that we process will depend largely on the service you receive from us (and may also vary by country, and according to applicable law). However, the following is an overview of the types of Personal Information which the CSE Group would process:
2.2 Your use of the Website and related online services involves the automated collection of certain types of information, some of which may be considered Personal Information under applicable laws or in specific circumstances. This information includes:
2.3 We will only collect information that is necessary for us to provide you with the product or service that you have requested. The type of information that we may collect will depend upon the nature of that service or product.
Our services are not typically designed for children (persons who are 18 or under). CSE does not knowingly collect personal information directly from children except when required by law or for compliance, safety, or regulatory purposes. If we become aware that we have collected such information unintentionally, we will ensure that it is only processed for a legal and valid reason. Once the legitimate purpose has ended or expired, we will take reasonable steps to delete and remove this personal information.
If you are a parent or guardian of a child who has provided personal information without your knowledge and consent, you may request we remove this children's information by emailing dpo@cse.lk
To the extent that the personal information we collect constitutes sensitive personal information (Special categories of personal data) under the Personal Data Protection Act, No. 9 of 2022 of Sri Lanka ("SL PDPA" / "Act") and other related privacy regulations, CSE will collect and process this sensitive personal information within the limits provided by the Act, and only after establishing reasonable security safeguards for such sensitive personal information. Where required by the Act, CSE will seek your consent before processing sensitive personal information.
3.1 It will often be apparent from the context of how we intend to use your Personal Information.
3.2 All processing of Personal Information which we undertake is justified by a "condition" for processing. In most cases, processing will be justified on the basis that:
3.2.1 you have consented to the processing;
3.2.2 the processing is necessary to perform a contract or to take steps to enter into a contract;
3.2.3 the processing is necessary for us to comply with a relevant legal obligation;
3.2.4 the processing is in our legitimate commercial interests, subject to your interests and fundamental rights;
3.2.5 the processing is necessary to protect your vital interests or those of another person; or
3.2.6 the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority..
3.3 The purposes for which we process your Personal Information include the following:
3.3.1 To provide you with specific services such as opening a securities account, trading on the Colombo Stock Exchange and other related services provided by the CSE Group such as but not limited to:
following a contract you are entering, or have entered with us;
3.3.2 To register you for other services provided by the Colombo Stock Exchange Group.
3.3.3 To carry out regulatory reporting or to disclose to other authorities as required by law [for instance, Securities and Exchange Commission of Sri Lanka (SEC), Central Bank of Sri Lanka (CBSL) and any competent court of law;
3.3.4 To provide you with newsletters or alerts where you have signed-up for these on the website's owned by the CSE Group
3.3.5 To conduct market research surveys, where you choose to participate in these;
3.3.6 To participate in events hosted by the CSE Group;
3.3.7. To control access to our premises.
3.3.8. To provide, operate, support, and manage access to trading platforms, issuer services, corporate secretarial systems, and related infrastructure, including account setup, authentication, and user management
3.3.9. To perform contractual obligations and respond to service requests, including trading, listing, disclosure, corporate governance, company formation, regulatory filings, and compliance support
3.3.10. To verify identity, conduct due diligence and background checks, authenticate users, and maintain security and integrity of accounts, systems, and corporate records
3.3.11. To administer billing, invoicing, customer support, stakeholder communications, and facilitate shareholder engagement and meeting management (e.g., notices, voting, minutes)
3.3.12. To comply with legal, regulatory, and contractual obligations, including anti-money laundering, sanctions, fraud prevention, market abuse monitoring, securities laws, and financial reporting requirements
3.3.13. To prevent, detect, investigate, and respond to financial crime, misconduct, cyber threats, and unauthorized disclosures, and to maintain market and corporate governance integrity
3.3.14. To communicate service updates, operational notices, regulatory announcements, marketing, educational outreach, and event invitations where permitted or consented to.
3.3.15. To conduct analytics, research, service improvements, product development, risk assessments, internal and external audits, and compliance monitoring.
3.3.16. To facilitate corporate transactions such as mergers, acquisitions, restructurings, and company secretarial transitions
3.3.17. To transfer personal and corporate data internationally or within group entities under applicable data protection safeguards
3.3.18. To retain data in accordance with statutory, regulatory, and operational requirements and to manage records such as statutory registers and shareholder lists
3.3.19. To defend legal rights, respond to legal claims, support investigations, and cooperate with regulators, law enforcement, and authorized third parties
3.3.20. To fulfill data subject rights and regulatory requirements, including responding to access, correction, deletion, or objection requests
Your data may be processed either electronically or in hard copy form.
3.4 We may send you direct marketing communications. Where these are electronic communications (email or telephone) we will have obtained your prior consent. In limited circumstances, where we have obtained your explicit prior consent, we may send you marketing communications to carefully selected products and services, which may be of interest to you.
You may opt-out of certain kinds of marketing, or all forms of marketing, by emailing us at the following address: dpo@cse.lk . Alternatively, you can click on the "opt-out" link provided in all our marketing emails and other communications.
4.1 We may share your personal information within the CSE Group to provide you with our services. Access to your Personal Information is strictly limited to those employees of the CSE Group who need access to provide you with our services; to communicate with you (including, with your consent, to send you marketing communications); and to carry out legal or regulatory obligations.
4.2 We may also employ the services of third-party service providers to help us in certain areas, such as website hosting, physical security, marketing, and market research. Where third-party service providers receive your information, we will remain responsible for the use of your Personal Information. We take appropriate steps to ensure that such third parties treat your Personal Information with the same consideration that we do.
4.3 We may from time to time be required to disclose your Personal Information to applicable Sri Lankan law enforcement bodies, regulators such as SEC, CBSL or third parties under a legal requirement or court order. We act responsibly and take account of your interests when responding to any such requests.
5.1 We apply a general rule of keeping your Personal Information for as long as required to fulfill the purposes for which it was collected. However, in some circumstances, we may retain your Personal Information for longer periods, for instance where we are required to do so by legal and/or regulatory requirements.
5.2 In specific circumstances we may also retain your Personal Information for longer periods so that we have an accurate record of your dealings with us in the event of any complaints or challenges.
5.3 We maintain an Information Security Management System (ISMS) retention procedure which we apply to records in our care. In all cases, where your information is no longer required we will ensure it is disposed of securely and, where required by applicable law, we will notify you when such information has been disposed of.
6.1 CSE and its facilities have been Certified in information security management system namely: ISO|IEC 27001:2022 is internationally recognized in capacity of information security.
6.2 We will hold your Personal Information securely whilst it is under our control, including where it is processed by third-party service providers on our behalf. We train CSE employees in respect of their obligations under data protection laws, and we ensure that we will only share and disclose your personal information as listed in section 4 above.
6.3 We take the security of our physical premises, our servers, and the Website seriously and we will take all appropriate technical measures using recognized security procedures and tools following good industry practice to protect your personal information across all these platforms.
6.4 Whilst we use all reasonable endeavors to protect the security of your data in the manner described above, we consider that it is only appropriate to advise you that data transmission over the Internet and the World Wide Web cannot always be guaranteed as 100% secure, and therefore that you use the Website at your own risk.
7.1 Subject to rights of the CSE Group as per the applicable laws, you may have some or all of the following rights in respect of your personal information:
7.1.1 to obtain a copy of your personal information together with information about how and on what basis that Personal Information is processed;
7.1.2 to rectify inaccurate Personal Information (including the right to have incomplete Personal Information completed);
7.1.3 to erase your Personal Information (in limited circumstances, where it is no longer necessary to the purposes for which it was collected or processed);
7.1.4 to restrict processing of your personal information where:
7.1.4.1 the accuracy of the Personal Information is contested;
7.1.4.2 the processing is unlawful, but you object to the erasure of the Personal Information;
7.1.4.3 we no longer require the Personal Information, but it is still required for the establishment, exercise or defense of a legal claim
7.1.5 to challenge processing which we have justified based on a legitimate interest (as opposed to your consent, or to perform a contract with you);
7.1.6 to prevent us from sending you direct marketing;
7.1.7 to withdraw your consent to our processing of your personal information.
7.1.8 to object to decisions that are based solely on automated processing or profiling.
7.1.9 In addition to the above, you have the right to complain to the competent supervisory authority.
7.1.10 If you wish to investigate the exercising of any of these rights, please contact us using the details set out below.
7.1.11 Under the provisions of the General Data Protection Regulation and the Act Implementing the General Data Protection Regulation, if you believe that there has been a breach of your personal data or that your rights have been infringed, you have the right to contact the competent supervisory authority.
8.1 Any changes we make to this Privacy Policy will be detailed on our Web site to ensure that you are fully aware of what Personal Information is collected, how it is used and under what circumstances it will be disclosed. Only the latest privacy policy will be listed on the CSE website.
9.1 In all cases, if you have any complaints or queries relating to the processing of your Personal Information by the CSE Group, or to exercise any rights in respect of your Personal Information, you should contact us in one of the following ways:
Data Protection Officer
Colombo Stock Exchange,
#04-01, West Block
World Trade Center, Echelon Square,
Colombo 01.
Tel: +94 11 2356456
Fax: +94 11 2445279
E-mail: info@cse.lk
Our Data Protection Officer is:
E-mail: dpo@cse.lk.
10.1 The ownership of the policy shall be vested in the board. DPO shall be responsible to conduct annual or requirement based periodic reviews of the policy and its adherence. The CSE Group has the right to amend this Policy and align it with any changes and updates based on applicable regulations; it will ensure that the most recent version of the Policy is available on the CSE website www.cse.lk;
11.1 You can send a request for the exercise of said right by email or post to the above-mentioned address to the DPO.
11.2 The CSE Group has the right to ask for you to provide documents necessary for identification and verification of your identity as the person submitting the request. If the requests of the data subject are manifestly unfounded or excessive (in particular, because of their repetitive character), we may charge a reasonable fee or refuse to act on the request.
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Source: CSE Customer Privacy Notice
This Agreement for Internet Trading Facilities (hereinafter referred to as the "Agreement") is made and entered into at Colombo, Sri Lanka on this day of :
By and between
SAMPATH SECURITIES (PRIVATE) LIMITED, a company duly incorporated under the laws of Sri Lanka bearing company registration number PV 4754 and having its registered office at 110 Sir James Pieris Mawatha, Colombo 02 (hereinafter referred to as the "Firm" which term shall where the context so requires or admits mean and include the said SC Securities (Private) Limited, its successors and assigns);
And
For an individual:
, bearer of numbered residing at (hereinafter referred to as the "Client" which term shall where the context so requires or admits mean and include the said , and his / her heirs, executors, administrators and permitted assigns).
The Firm and Client shall individually be referred to as a "Party" and collectively be referred to as the "Parties".
The Firm is a member of the Colombo Stock Exchange (hereinafter referred to as the "CSE") and is licensed by the Securities and Exchange Commission of Sri Lanka (hereinafter referred to as the "SEC") to operate as a stockbroker.
The Firm has opened a securities account bearing number [to be allocated by the CDS] with the Central Depository Systems (Private) Limited (hereinafter referred to as the "CDS") on behalf of the Client, for the purposes of trading on the CSE.
The Firm further provides stock broking services to the Client which the Client avails subject to the terms and conditions contained in a written agreement executed between them (hereinafter referred to as the "Client Agreement").
The Firm has at the request of the Client agreed to provide Internet Trading Facilities (as defined herein) to the Client, which the Client has agreed to avail subject to the terms and conditions set out in this Agreement, which are supplemental to the terms of the Client Agreement.
In this Agreement, unless the context requires otherwise, the following terms shall have the corresponding meanings:
| "Internet Trading Facilities" | Shall mean the online trading facilities and associated services provided by the Firm in terms of the Trading Participant Rules of the CSE and any other services or features introduced by the Firm in connection therewith regardless of whether the Client registers for it. |
|---|---|
| "Rules of the CSE / SEC" | Shall mean the Securities and Exchange Commission of Sri Lanka Act, No. 19 of 2021 and the rules, regulations, directions, circulars and other requirements imposed by the CSE / SEC there under. |
The Firm agrees to provide Online Trading Facilities to the Client, and the Client agrees to avail the Online Trading Facilities of the Firm, subject to the terms and conditions of this Agreement.
The Firm shall be entitled to charge the Client all applicable fees and charges for providing Internet Trading Facilities. The fees and charges applicable at the date of signing this Agreement shall be communicated to the Client in writing. Any amendments to such fees and charges shall be effective upon providing notice in writing to the Client.
(a) The Firm shall issue a unique user ID and password to each Client in accordance with the Trading Participant Rules of the CSE.
(b) The Firm shall also provide the Client with a User Manual for the Internet Trading Facilities. The Client agrees to read and familiarize themselves with the contents of the manual to ensure that they understand how to use the facility properly and effectively. The Client acknowledges that it is their responsibility to seek clarification from the Firm if any instructions or functionalities in the manual are unclear.
(c) The Firm shall provide the Client with a Password Policy detailing the requirements for managing passwords associated with the Internet Trading Facility, including ensuring that passwords are frequently changed and that they are not disclosed to any other party except in accordance with the Trading Participant Rules of the CSE or as required by law. The Client agrees to read and strictly adhere to the terms of the Password Policy and acknowledges that failure to comply with such policy shall make the Client liable for any consequences arising there from. The Client acknowledges that it shall be the sole responsibility of the Client to ensure that such passwords shall not be shared with any third party and shall not hold the Firm responsible for any consequences that may arise as a result of the misuse of the password by any third party as a result of the Client's failure to comply with this obligation.
(d) The Firm further undertakes that it shall not disclose or permit the disclosure of the user ID or password assigned to any Client to any other person including employees of the Firm.
The Client represents and warrants that:
(a) The Client possesses the necessary capacity and knowledge to operate the basic operations of the internet, has a clear understanding of how to use the Internet Trading Facilities and has the technical competence to carry out securities transactions via the Internet Trading Facilities.
(b) The Internet Trading Facilities provided by the Firm shall be used by the Client for the sole purpose of routing his or her orders to the Automated Trading System of the CSE and shall not be used by the Client to route orders on behalf of any other person maintaining a securities account with the CDS.
(c) The Client possesses the minimum system requirements necessary to operate the Internet Trading Facility effectively and undertakes to maintain such requirements throughout the duration of this Agreement.
The Client understands, acknowledges and accepts that there are inherent risks involved in using the Online Trading Facilities provided by the Firm. These risks may include, but are not limited to:
(a) System disruptions: Technical failures such as system outages, interruptions, delays, or software malfunctions which may prevent the timely execution of trades.
(b) Connectivity issues: Internet connection issues can result in delays or the inability to execute trades as intended.
(c) Cyber-security threats: Cyber-security attacks, such as hacking and phishing attempts, may result in unauthorized access to the securities account and consequently result in financial losses.
(d) Data privacy risks: Sensitive personal and financial information, including passwords, may be exposed to unauthorized parties.
(e) Third-party risks: Issues with third-party service providers engaged by the Firm can affect the Client's online trading experience.
(f) Investment risk: The Client understands that all orders placed by the Client through the Internet Trading Facilities are based upon the Client's own evaluation of his or her financial circumstances and investment objectives. Any such investment decisions shall therefore be the sole responsibility of the Client and the Firm or any of its officers, directors, employees or agents shall not be held liable for trading losses or other losses incurred by the Client.
(a) Unauthorised use. The Client shall be required to immediately notify the Firm in writing if he or she becomes aware of (a) any loss, theft, or unauthorized use of the password, login and/or account numbers; (b) any failure to receive a message indication that an order was received and/or executed; (c) any failure to receive an accurate confirmation of any execution; (d) any receipt or confirmation of an order and/or execution which the Client did not place; or (e) any inaccurate information in the Client account balances, positions or transaction history.
(b) Joint accounts. Each joint account holder agrees that they shall be collectively and individually responsible for ensuring compliance with the terms and conditions of this Agreement.
(c) Records. The Client accepts the Firm's records and statements of all transactions as conclusive and binding for the purposes of this Agreement.
(a) The Parties agree to maintain the confidentiality of all proprietary, confidential, or sensitive information disclosed by one Party to the other during the course of this Agreement, whether orally, in writing, or through any other medium.
(b) Neither Party shall disclose any confidential information to any third party without the prior written consent of the other Party, except as required by law. The obligations of confidentiality shall continue beyond the termination of this Agreement.
(c) Confidential information for the purposes of this clause shall include, but is not limited to, trading strategies, financial information, account details, proprietary systems, software, and any other non-public information that is disclosed by either Party in connection with this Agreement.
The Client agrees to indemnify and hold harmless the Firm, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Client's breach of this Agreement, violation of the Rules of the CSE / SEC or any other applicable laws, or any third-party claims resulting from the Client's use of the Firm's services.
The Firm shall not be liable to the Client for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or related to the use or inability to use the Internet Trading Facilities or any other matter in connection with this Agreement. Nothing in this Agreement shall however limit or exclude the Firm's liability for gross negligence, fraud, or wilful misconduct.
(a) The Firm reserves the right to amend the terms of this Agreement and the terms of its service without prior notice to the Client. The Firm shall promptly notify the Client of any such amendments following their implementation. The Client's continued use of the Internet Trading Facilities after the effective date of any such amendment shall constitute acceptance of the revised terms.
(b) Each Party agrees to promptly notify the other Party in writing of (a) any material change in the information provided under this Agreement, or (b) any modifications to the information pertaining to the Internet Trading Facilities.
(a) The Firm may at its sole discretion terminate this Agreement or restrict the Client's access to the Internet Trading Facilities.
(b) The Client may terminate this Agreement by giving seven (7) days written notice provided that it has complied with all its obligations under this Agreement to the satisfaction of the Firm.
(c) Termination of this Agreement shall not affect the rights and liabilities accrued by either Party up to the date of termination.
Any notice to be given under this Agreement shall be in writing and be deemed to have been served if delivered by hand, courier, registered post or email to the following addresses:
If to the Firm:
| Postal address: | Head of IT, Sampath Securities (Private) Limited, No. 26B, Alwis Place, Colombo 3. |
|---|---|
| Email address: | onlinetrading@sampathsecurities.lk |
If to the Client:
| Name: | |
|---|---|
| Postal address: | |
| Email address: | |
| Contact Number |
This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka.
Any dispute arising out of or in connection with this Agreement shall be resolved in accordance with the Dispute Resolution Rules of the CSE which shall form part and parcel of this Agreement.
(a) This Agreement is supplemental to and does not supersede the terms of the Client Agreement.
(b) The Parties shall also be required to act in accordance with the Rules of the CSE / SEC. If there is a conflict between the terms of this Agreement and the Rules of the CSE / SEC, the latter shall prevail to the extent of the conflict.
(a) Waiver: No failure or delay on the part of any Party in exercising any right hereunder will operate as a release or waiver thereof and no waiver of any provision hereof shall be effective unless made expressly and specifically in writing by the Party granting such waiver.
(b) Assignment: The Firm reserves the right to assign its obligations under this Agreement. The Client shall not assign its rights or obligations under this Agreement without the prior written approval of the Firm.
(c) Force majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, strikes, lockouts, labour disputes, government actions, or any other events that are unforeseeable and unavoidable (hereinafter referred to as a "Force Majeure Event"). The affected Party shall notify the other Party in writing as soon as reasonably practicable of the occurrence of a Force Majeure Event, specifying the nature of the event and its anticipated duration. The obligations of the affected Party shall be suspended for the duration of the Force Majeure Event, provided that the affected Party uses reasonable efforts to mitigate the impact of the event and to resume performance where possible.
Signature of the Client
Investment Advisor at Sampath Securities (Private) Limited
Head of IT at Sampath Securities (Private) Limited
Date:
Head of Finance
Sampath Securities (Private) Limited
5th Floor,
26B, Alwis Place,
Colombo 03.
Dear Sir/Madam,
CDS Account No.:
I / We hereby authorize Sampath Securities (Private) Limited to act in respect of my/our above-mentioned CDS Account as follows:
Tick the instruction you want. You can tick both.
This authorization shall remain valid until revoked by me/us in writing.
| Signature - Applicant | |
|---|---|
| Signature | |
| NIC Number |
ANNEXURE 5
The prices of securities fluctuate, sometimes drastically. The price of a security may move up or down, and may even become valueless. It is likely that losses may be incurred rather than profits made as a result of buying and selling securities.
The Client shall hereby acknowledge that the client has read and understood the Risk Disclosure Statement.