Use of Information and Materials
"RKSV/UPSTOX" refers to a) RKSV Securities India Private Limited, c) RKSV Commodities India Private Limited and its affiliates with Registered Address at RKSV, 807 New Delhi House, New Delhi 110001 and Corporate Office at Sunshine Tower, 30th Floor, Senapati Bapat Marg, Dadar (W), Mumbai - 400 013. We may refer to RKSV/UPSTOX as "We", "Our", or "Us".
RKSV is a member of NSE, BSE, and MCX exchanges, and is registered with the Securities & Exchange Board of India (SEBI) as a stock broker with the SEBI registration numbers as stated below:
RKSV disclaims any obligation to update or correct or provide accuracy in information / content contained in any of the sections under the website located at www.upstox.com (hereafter referred as the website), whether arising as a result of financial, business or any other developments. The information in any or all of the sections of this website is updated by RKSV on a periodic basis and is uploaded as on a particular date, which may not be the current /latest date. Hence this information may not be an accurate representation of the actual filings, press releases, earnings releases, financials, industry news, stock quotes, etc.
Products and Services referred to in this Web site are offered only in countries where they may be lawfully offered by RKSV/UPSTOX or another member of the Group. The materials on these pages are not intended for use by persons located in, or resident in, countries that restrict the distribution of such materials. These pages should not be regarded as an offer or solicitation to sell investments or make deposits in any country to any person to whom it is unlawful to make such an invitation or solicitation in such country. RKSV retains the absolute right to determine eligibility for subscription to any of the Services.
The information contained in these pages is not intended to provide professional advice. Persons accessing these pages should obtain appropriate professional advice when necessary.
The "Client" is any individual or entity with an exchange approved UCC (Unique Client Code) account with RKSV, able to trade various securities through RKSV (in compliance with various exchange and SEBI regulations).
UPSTOX APIs provide programmatic access (including, but not limited to: placing, modifying and cancelling orders; managing funds and portfolios; accessing order and account related information etc.) to various exchanges via RKSV using a Client account.
The terms described in this document, and any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as concerning the use of the APIs are collectively referred to as the "Terms".
This agreement is between "You" (accessor and consumer of the APIs) and "RKSV", the stock broker offering broking services via the APIs. You may be a RKSV Client yourself, or You may be an entity offering the APIs in turn to other RKSV Clients as end users.
Subsidiaries and Affiliates: RKSV has subsidiaries and affiliated legal entities throughout India. These companies may provide the APIs to You on behalf of RKSV and the terms will also govern your relationship with these companies.
Account and registration
a) Accepting the Terms
You may not use the APIs and may not accept the Terms if (a) You are not of legal age to form a binding contract with RKSV, or (b) You are a person barred from using or receiving the APIs under the applicable laws of India or other countries including the country in which You are resident or from which You use the APIs.
b) Entity Level Acceptance
If You are using the APIs on behalf of an entity, You represent and warrant that You have authority to bind that entity to the Terms and by accepting the Terms, You are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
In order to access certain APIs You may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information You give to RKSV will always be accurate and up to date and you'll inform us promptly of any updates.
2) API usage
The APIs are meant to be used for building innovative investment and trading platforms ("IBT" - Internet Based Trading) with the greater goal of increasing capital market participation in India. This may be for personal use, where You, a Client, developers a private interface exclusively for customising personal trading and investment experience, or this may for building a trading platform which in term will be offered to the public, other Clients of RKSV. Development of trading platforms are bound by various norms and regulations stiupulated by various exchanges and SEBI. You are responsible for ensuring You adhere to these platform guidelines and regulations, and seeking appropriate regulatory approvals if necessary. If You seek to obtain exchange approvals for your platform as RKSV's in-house platform, RKSV will provide the necessary assistance.
a) Permitted access
You will only access (or attempt to access) an API by the means described in the documentation of that API. Any circumvention of the methods described in the documentation may result in the termination of your access to the APIs.
b) API rate-limiting
RKSV may set limits on your use of the APIs (for instance, limiting the number of requests sent to a particular API) manually or via automated checks to ensure the stability of the APIs. If You need to use the APIs beyond the limits imposed by RKSV, You have to obtain express consent from RKSV by writing to the relevant department (RKSV may decline or accept such a request based on various factors).
The API Terms are non-exclusive. You acknowledge that RKSV may develop products or services that may be similar and may be in direct or indirect competition with any platform that is built using the APIs.
d) Tracking and monitoring
By using the APIs, You agree that RKSV may monitor, track, and record all interactions and requests happening via the API, your own and your end users, for the purpose of ensuring stability, security, and reliability of the API.
e) Automated trades
The APIs are not meant for placing fully automating trades (without manual intervention). If you wish to use the APIs for full automation, you should seek necessary approvals from the exchange. RKSV can provide the necessary assistance in obtaining approvals.
3) Your end users
You may use the APIs to build platforms which You may in turn offer to other Clients of RKSV (after obtaining the required exchange approvals). Neither RKSV, or anyone affiliated with the APIs may be held responsible for the losses suffered by the client or You, arising from technical malfunctions of your platform or the APIs. Your end users, RKSV's Clients, are bound primarily by the terms and conditions they agreed to at the time of their account registration with RKSV, over and above the terms they may have agreed to when starting to use your platforms.
As the APIs are restricted to--and only work with--the accounts of RKSV clients, all end users You offer your API-enabled platforms to, are RKSV's Clients. Any new user that You may refer to RKSV (who in turn opens account an account with RKSV on their own volition) for the purpose of offering your platform, is also RKSV's Client. While You may promote your services to the such a Client, You may not claim any exclusivity to the Client or their data. RKSV may offer any service or offering to any of its existing clients, including Clients referred by you, at any time.
b) User Privacy
4) Prohibitions and confidentiality
a) API Prohibitions
When using the APIs, you may not (or allow those acting on your behalf to):
Your credentials (such as passwords, API keys and secrets, and Client IDs) are intended to be used only by you. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials.
RKSV's communications to you may contain confidential information which includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without RKSV’s prior written consent.
Unless expressly permitted by RKSV or by the applicable laws, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs.
5. Costs and revenue
RKSV may charge You for using the APIs, or parts of it selectively. These charges may be fixed or variable, and are at the sole descretion of RKSV. RKSV may also propose additional charges to You, (based on your usage of the APIs and on a case-by-case basis) for the continued use of the APIs. You may write to the relevant department to discuss a pricing suitable for You (RKSV may decline or accept such a request based on various factors).
b) Non-refundable charges
Any charges once paid (one-off or on-going) for the use of APIs or any of its subsets are non-refundable.
c) Sharing of revenue
RKSV may share revenue with You (bound by the terms set forward by various exchanges and SEBI) for referring clients to RKSV via the API, or for offering other services. You may write to the relevant department to discuss a revenue sharing model You desire (RKSV may decline or accept such a request based on various factors).
6) Liability of the APIs
The API response and account access times may vary due to a variety of factors, including, but not limited to, trading volumes, market conditions, system performance, technical and other factors. Market volatility, volume and system availability may delay account access and trade executions. The uptime and availability of the APIs may be affected by technical or other factors within or outside of RKSV's control, or unforseen circumstances including natural disasters.
b) No guarantees or warranties
Neither RKSV, or any of its affiliates make any promises, commitments, guarantees about the APIs or related offerings. When permitted by law, RKSV will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, RKSV exclude all warranties, guarantees, conditions, representations, and undertakings.
c) Limitation of Liability
When permitted by law, RKSV will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages. In all cases, neither RKSV, nor any of its affiliates will be held liable for expense, loss or damage that is not reasonably foreseeable.
This agreement is effective until terminated. User rights under this agreement will terminate automatically or otherwise cease to be effective without notice from RKSV if user fails to comply with any terms and conditions under this agreement. RKSV may terminate this agreement if User is in default of any of the terms and conditions of this agreement and fails to correct such default within ten (10) days after written notice thereof from RKSV. Upon termination, RKSV does not hold any liability or other obligation to you.
If you want to terminate the Terms, you must provide RKSV with prior written notice and upon termination, cease your use of the applicable APIs, use of RKSV brand and delete any cached or stored content that was permitted by the cache header.
b) Surviving provisions
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.
You agree to indemnify and hold RKSV and any of its affiliates and their parent companies, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, against all liabilities, damages, losses, costs, fees (including legal fees) and expenses relating to any allegation or third – party legal proceeding to the extent arising from:
9) Governing law/forum
This Agreement shall be governed and interpreted by the laws of the Union of India. Only courts in Mumbai (Maharashtra) shall have the jurisdiction for the resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive jurisdiction.
THIS AGREEMENT REQUIRES ACCEPTANCE TO PROCEED TO UTILISATION OF THE APIs; THE ACCEPTANCE SO GIVEN CONCLUDES THE AGREEMENT AND THIS AGREEMENT DOES NOT REQUIRE A PHYSICAL/DIGITAL SIGNATURE. THIS AGREEMENT SHALL NOT BE INVALIDATED SOLELY ON THE GROUND THAT IT IS NOT PHSYICALLY SIGNED.
Our Trademarks and Copyright
The content and information contained within our website or delivered to you in connection with your use of our website is the property of RKSV and any other third party (where applicable). The trademark, trade names and logos (the "Trade Marks") that are used and displayed on our website include registered and unregistered Trade Marks of us and other third parties. Nothing on our website should be construed as granting any license or right to use any Trade Marks displayed on our website. We retain all proprietary rights on our website. Users are prohibited from using the same without written permission of RKSV of such or such other parties. The materials on this website 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 RKSV.