TERMS & CONDITIONS for BRAC EPL Stock Brokerage Ltd.’s
BRAC EPL Trade Service
(PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE SUBMITTING APPLICATION)
Use of BRAC EPL Stock Brokerage Ltd.’s (“BESBL”) BRAC EPL Trade Service is subject to the following terms and conditions which set out the general rights and obligations of the User(s) and BESBL in connection with the use of BRAC EPL Stock Brokerage Ltd.’s BRAC EPL Trade Service.
For the purpose of this document:
“Portfolio” means the BO account opened by the User using the Digital Brokerage and Trading Services with BESBL for the purpose of gaining access to the services as provided by BESBL pursuant to the Terms and Conditions as contained herein.
“Applicable Law” means any applicable law, legislation, statute, ordinance, code, order, decree, directive, judgment, decision, injunction, license, permit, authoritative approval, rule, regulation, and judicial interpretation thereof, and any interpretation of or determination in respect of any of the foregoing, by any competent authority having jurisdiction over the matter in question, and, in each case, binding on a given person.
“BO Account” or the Beneficiary Owner's Account, means account opened by a User with BESBL to buy and sell shares in Bangladesh.
“Digital Brokerage and Trading Services” or “BRAC EPL Trade Service” refers to the internet brokerage and trading services provided by BRAC EPL Stock Brokerage Ltd. Through BRAC EPL Trade Service, User can see time and sales queue, time and sales summary, real-time trading, stock specific news, market watch, block board, both Chittagong Stock Exchange (CSE) and Dhaka Stock Exchange (DSE) indices, basket order, order summary, and real-time portfolio etc., made available by BESBL’s BRAC EPL Trade application from time to time.
“User”, “he/she,” and/or “his/her” means BRAC EPL Stock Brokerage Ltd.’s BO account holder(s) registered to use “BRAC EPL Trade Service”.
“BESBL” means BRAC EPL Stock Brokerage Ltd., a company duly incorporated under the Companies Act 1994 having its Head Office at Symphony (3rd Floor) SE (F) -9, Road No. - 142, Gulshan Avenue, Dhaka- Bangladesh.
“OMS” means an order management system, which is a digital platform used to execute and monitor the status of orders in the securities market. The name of the OMS of BESBL is known as “BRAC EPL Trade.”
“User ID” means the unique user identification number that is assigned by BESBL to each User to access Digital Brokerage and Trading Services that enables BESBL to identify such User.
“Password” means any number of characters, words, or alphanumeric data, which can be used as an access key to gain entry into BRAC EPL Trade.
“Terms” or “Terms and Conditions” means the terms and conditions as contained herein with regards to the usage of the Digital Brokerage and Trading Services of BESBL.
1. BRAC EPL Trade Service user Login Access, Password and Security Procedure:
- BESBL will provide the User with a unique User Identification Number (“User ID”) and a temporary password in the first instance through email. The User(s) hereby authorizes and instructs BESBL to email him/her the User ID and Password for access/log-in to the BRAC EPL Trade Service only to the email address given/mentioned by him/her in the application at his/her own discretion . In the event the User’s computer is hacked, through which the User gain access to BRAC EPL Trade Service, and any third party gets access to or obtains his/her User ID & Password, BESBL shall not be held liable or accountable for any access to the User’s BO account due to such hacking or access in unauthorized means or due disclosure of information or in any other sources. The User shall maintain and ensure safe keeping of the User ID and Password at all times and understands the extent of liabilities due to any misplacement or disclosure or fraudulent activities resulting into unauthorized access to his/her BO Account.
- The User shall log in to the BRAC EPL Trade Service using the provided User ID and temporary password, which must be changed immediately upon first login and periodically thereafter for security. The User is prohibited from saving passwords on their device to prevent unauthorized access. If it is proven that the User ID and password were shared or hacked, BESBL reserves the right to close the BO account without prior notice and may take legal action if the User is found involved in unauthorized or unlawful trading. The Login ID and password shall act as the User's authorized signature, and any use of these credentials will be treated as a valid signature authorizing BESBL to complete transactions or requests made through the service.
- The User is therefore responsible for maintaining the confidentiality and secrecy of User ID and Password. User should not under any circumstances disclose his/her User ID and/or Password to anyone, including anyone claiming to represent the BESBL or to someone giving assistance on a technical helpdesk in connection with the service or to any third party enabling technical service to User. It is clearly understood that BESBL’s employees do not need a Password for any reason whatsoever. BESBL shall not be held liable in any manner or in any form whatsoever in case of any unauthorized or fraudulent use of the User’s BO account through BRAC EPL Trade Service or for loss, misplacement or fraudulent use of the User ID and Password.
- If the User gives or shares his/her User ID, BO account Password or OTP to anyone or fails to safeguard its secrecy, he/she does so at his/her own risk because anyone with User ID and Password will have access to his/her BO account.
- User needs to reach out to 16285 or info@bracelp.com to reset password, lock or change any information of the BO account status.
- The User agrees and acknowledges that BESBL shall in no way be held responsible or liable if the User incurs any loss as a result of information disclosure to any third party by the User himself/herself regarding his BO account(s) or carrying the instruction of the User pursuant to the access of the BRAC EPL Trade Service and the User shall fully indemnify and hold harmless BESBL in respect of the same.
- The User hereby acknowledges and understands the inherent risk of using Internet and availing the Digital Brokerage and Trading Services and, accordingly, shall take all necessary precautions at his/her end to safeguard him/her from such risk. BESBL shall not be held liable in any form whatsoever if the User suffers any loss or damage due to such inherent risk of internet and BRAC EPL Trade Service, unless such loss or damage is caused due to the willful negligence ofBESBL.
- BESBL shall always protect the privacy of the User’s information by implementing appropriate and strict security controls, procedures, and protocols; this will remain in effect even after any commercial connection between the User and BESBL via BRAC EPL Trade Service has ended. Provided that though BESBL shall make every attempt to protect the privacy of any information, no data transmission over the internet or through other electronic means can be guaranteed to be completely safe. For avoidance of any doubt, it is clearly to note that BESBL shall not contact the User or seek the disclosure of his/her security details in relation to the BO account. If the User receives any such request via any means, he/she must refrain from sharing of such details under any circumstance and immediately report any such activity to BESBL via its contact center or by visiting any of our branches.
- BESBL reaffirms its commitment to uphold, protect, and safeguard the privacy of User’s information by ensuring that only authorized staff members who are properly trained and equipped to handle information may access the information that the User has shared, disclosed, exchanged, or otherwise provided to BESBL.
2. Charges:
- BESBL initially provides the BRAC EPL Trade Service free of charge. However, BESBL reserves the right to charge and recover from the User(s) service charges, as may be fixed by BESBL from time to time, which shall be notified to the User upon the prior serving of notification regarding changes to the user policy. The User hereby authorizes BESBL to recover such charges from his/her BO account(s).
- Charges are subject to change from time to time at BESBL’s discretion.
3. INSTRUCTION FOR TRADING USING THE BRAC EPL Trade Service
Orders:
- All buy/sell orders or other transactions in securities conducted via User ID on the OMS shall be deemed to have been authorized by the User.
- While all orders placed by User through the BRAC EPL Trade application are generally routed to the relevant Stock Exchange (i.e., Chittagong Stock Exchange (CSE) and Dhaka Stock Exchange (DSE)), BESBL shall not be liable for any delay in execution or for any resulting loss due to such a delay.
- You agree that BESBL may impose script-wise surveillance, limits, or other conditions on orders placed via BRAC EPL Trade as OMS, based on its risk perception.
- BESBL may impose or change limits on orders placed through BRAC EPL Trade as OMS, including exposure limits, turnover limits on types of securities. You acknowledge that BESBL may adjust or impose new limits without prior notice, and BESBL shall not be liable for any resulting inability to place orders.
- In the case of market orders placed via BRAC EPL Trade, you acknowledge that the execution price may differ from the price at the time the order is placed on BRAC EPL Trade Application.
Trading, settlement and BO accounts:
- You are responsible for notifying BESBL in writing via email of any errors in reports, confirmations, or contract notes (including prices, securities, or quantities) within 24 hours of receipt. Any other discrepancies must also be reported within 24 hours. BESBL reserves the right to accept or reject your objections.
- You acknowledge that if the stock market closes before the acceptance of an order by the Exchange, the order may be rejected. BESBL may also reject an order if the relevant Exchange rejects it. In such cases, the order will remain declined and will not be reprocessed.
- BESBL may, at its discretion, reject any order for reasons including, but not limited to, insufficient funds in your trading BO account, lack of securities in your Demat BO account, insufficient margin for margin trading, suspension of trading in a particular security, or the application of a circuit breaker.
- If an order is not accepted on the website for any reason, you acknowledge that BESBL may treat the order as having lapsed.
- You acknowledge that electronic trading systems at the BESBL may experience disruptions or breakdowns. In the event of non-execution or cancellation of trade orders due to such issues, BESBL has the right to cancel your requests, and BESBL will not be liable for any losses resulting from such occurrences.
- BESBL is not responsible for any orders placed by mistake. Any order placed using your username and security code will be considered valid, and you will be fully responsible for it.
- BESBL may, at its discretion, allow or disallow you from trading specific securities or derivatives, and may impose conditions, including script-wise conditional trading.
Margin:
- The User agree to immediately deposit cash, securities, or other acceptable security margin with BESBL, as required. BESBL may require a higher margin than the amount prescribed by the relevant Stock Exchange and may specify a permanent margin requirement for continued use of the BRAC EPL Trade Service.
- The margin provided will be interest-bearing. BESBL has the right to set off part or all of the margin by selling or transferring securities or appropriating cash to cover any dues if the User or a member of any User group fails to meet obligations under these Terms.
- The User authorizes BESBL to determine the market value of securities placed as margin, applying an appropriate haircut. The User is responsible for monitoring the market value and replenishing any shortfall in the margin immediately, even if BESBL does not notify the User.
- BESBL may, at its discretion, require margin payments in cash or securities. The User agree to comply with BESBL’s cash margin requirements and acknowledge that BESBL may liquidate or close out positions for non-payment of margin or outstanding debts. The User is liable for any losses and charges resulting from such liquidation.
- The User agrees to abide by any exposure limits set by BESBL or the relevant Stock Exchange in Bangladesh’s capital market.
- The User acknowledge that BESBL is required to deposit sufficient margin with the relevant Stock Exchange in Bangladesh’s capital market. In times of extreme volatility or when obligations are not met, trading terminals may be temporarily suspended. The User waive any claims for damages from BESBL due to such suspensions.
- The User hereby authorizes BESBL to place the required margin (cash or securities) with the Exchanges, banks, or other institutions as deemed necessary by BESBL.
4. UNAUTHORIZED/ FRAUDULENT ACTIVITIES:
- Upon obtaining User ID and Password, the User must not share their credentials with anyone. If any of User’s BO account is missing, BESBL must be informed immediately by the user.
- If the User has belief that any unauthorized transactions are being made with his/her BO account, he/she should change the Password of his/her BO account immediately and notify BESBL to undertake appropriate steps to ensure safety and privacy of his/her BO account.
5. SERVICE SOFTWARE & HARDWARE REQUIREMENTS
- The User is solely responsible for the maintenance, installation and operation of User’s computer and for the software used in accessing the BRAC EPL Trade Service.
- BESBL shall not be responsible for any disruptions or malfunctions of the BRAC EPL Trade Service caused due to failure of electronic or mechanical equipment, communication line issues, telephone or other interconnect problems, routine maintenance, unauthorized access, theft, operator errors, natural disasters (including severe weather, earthquakes, or floods), strikes, or any other causes beyond BESBL’s reasonable control.
6. Anti-Money Laundering:
- The user agrees and confirm that he/she will not use the BRAC EPL Trade Service facility for money laundering or any illegal or any unlawful purposes as enunciated by the laws of the country.
- The Users agree to fully comply with the applicable anti-money laundering laws and shall not use the BRAC EPL Trade Service services for any activities related to terrorism or actions against the state.
- BESBL reserves the right to request an explanation from the User regarding any transactions or activities related to money laundering and anti-terrorism laws of the country. BESBL also reserves the right to report any suspicious activity to the appropriate authorities if evidence or information related to such acts is found.
7. Governing Law:
- The Terms and the operations of the User’s BO account shall be governed by the applicable laws.
- BESBL may, at its absolute discretion, commence any legal action or proceedings arising out of breach or violation of any of the Terms of BRAC EPL Trade Service as contained herein in any court, tribunal or other appropriate forum, regardless of the User’s location when accessing the BRAC EPL Trade Service. The User hereby consents to such jurisdiction.
8. Force Majeure:
- In any circumstances arising which is beyond the control of BESBL’s control including, but not limited to, system errors, network failures, strikes, labor disputes, accidents, governments requisitions, travel restrictions or regulations on travel, political disturbances, acts of war, or natural disasters, that partially or fully hinder its ability to provide regular services or fulfill its obligations under the Terms or unable to perform, BESBL shall not be held responsible for any non-performance or omission arising therefrom. However, BESBL shall make all reasonable efforts to resolve such issues as soon as possible and assist the User in finding third-party alternatives to provide affected services during the period of disruption.
9. Proprietary Rights and Changes of Terms:
- The User acknowledges that the software underlying the BRAC EPL Trade Service, as well as other Internet-related software which are required for accessing the BRAC EPL Trade Service are the legal property of BESBL or its respective vendors, as applicable.
- The permission given by BESBL to access BRAC EPL Trade Service does not convey any proprietary or ownership rights over the software or website. The User shall not attempt to modify, translate, disassemble, decompile or reverse-engineer the software or website underlying the BRAC EPL Trade Service, nor create any derivative product based on them.
- The User shall keep all information- whether related to themselves, BESBL, or any other third party/customer- obtained from the BRAC EPL Trade Service strictly confidential and shall not disclose it to any third party without prior written consent from BESBL.
- BESBL reserves the absolute right to amend, supplement or revise any of the Terms at any time and will endeavor to communicate such changes to the User through feasible means. Any revisions or additions to these Terms shall take effect upon reasonable notice from BESBL which may be provided via its website, email, public display, advertisement, or any other method BESBL deems appropriate. Such changes shall be binding on the User if they continue to use or maintain the service on or after the effective date of the modification. By using any newly introduced services from BESBL, the User shall be deemed to have accepted the updated Terms.
10. Investment or any other advice:
- You hereby agree and acknowledge that none of the services or contents available on the website or app shall constitute investment advice from BESBL.
11. Business Days:
- Business days for the BESBL are Sunday through Thursday, excluding public holidays. Users may access their BO account through BRAC EPL Trade 24 hours a day, seven days a week. However, transactions will not be processed on public holidays, including July 1st and December 31st, which are designated bank holidays. All transactions must be executed in real-time within trading hours as to be confirmed by DSE or CSE, in any Business Day. BRAC EPL Trade Service is not obligated to apply any back value for any transactions.
12. Termination on BRAC EPL Trade Service:
- The User may request for termination of the BRAC EPL Trade Service by submitting a written notice in person at the BESBL branch where the BO account was opened. The termination request must be made at least 15 days in advance, and the termination will take effect upon completion of the fifteenth day. However, the User shall always be held liable for all obligations or instruction given before or on the effective date of termination.
- A non-resident customer may request termination of the BRAC EPL Trade Service by visiting the branch where their BO account was opened during their stay in Bangladesh. Alternatively, they may send a completed BRAC EPL Trade Service termination form along with a photocopy of the first six pages of their passport, attested by the nearest High Commission of the People's Republic of Bangladesh. The documents should be sent via international postal service or courier to the following address at: Alternate Trading, BRAC EPL Trade Service, BRAC EPL Stock Brokerage Ltd, Symphony (3rd Floor) SE (F) -9, Road No. - 142 , Gulshan Avenue, Dhaka- Bangladesh or mail to us at info@bracepl.com, after which we will proceed further and guide the user with the entire closure of the termination.
13. Breach of Terms & Condition:
- The User shall be liable to compensate for any loss incurred due to a breach in any of these Terms.
PRECAUTIONARY NOTE:
To prevent unauthorized transaction through the Digital Brokerage and Trading Service, Users are advised to strictly adhere to the following precautions:
- The User should not share their User ID and Password with anyone, including family members, or store them in any place accessible to third parties.
- Users should ensure that no one is physically observing their password when logging into their BO account.
- It is essential to click 'Log out' after completing a BRAC EPL Trade Service session.
- Users should not leave their PC unattended while logged into the BRAC EPL Trade Service system or keep the browser open with a cached User ID and Password, as this may allow to gain unauthorized access to the BO account.
- Users should avoid selecting “Save Password” options in auto-fill forms, especially on public computers or any devices not owned by them. For security reasons, saving passwords even on personal device is discouraged.
- Users should refrain from accessing BRAC EPL Trade Service over public network (e.g., cyber cafés, public Wi-Fi).
- If a User's BO account User ID and Password are compromised due to the use of BRAC EPL Trade Service on a public platform (e.g., cyber café, public Wi-Fi), BESBL shall not be liable for any incidents of System Hacks, Intrusions, BO account breaches, Malware Infections, or Virus Attacks.
I/We hereby acknowledge that I/we have read and understood the terms and conditions of BRAC EPL Trade Service, including the risk associated with Digital Brokerage and Trading Operation. By signing below, I/we formally apply for BRAC EPL Trade Service under BRAC EPL Stock Brokerage Limited, subject to the aforementioned terms and conditions.
If you need any assistance with the login process of BRAC EPL Trade Service or require technical support, please contact the BESBL Call Center at 16285.
For further support, BRAC EPL Trade Service can be reached via email at: info@bracepl.com
I hereby request access to BRAC EPL Trade Service to manage my portfolio, including fund withdrawal requests, fund deposits via e-commerce platform, online IPO applications, and trading services as a registered client of BESBL. I further agree and confirm that my BO account has been opened, and the internet trading executed is governed by the terms and conditions of the agreement set forth by the articles following the stock exchange regulatory bodies