“SMC” refers to SMC Global Securities Limited and its affiliates with offices at 11/6B Shanti Chamber, Pusa Road, New Delhi – 110005. We may refer to SMC as “We,” “Our,” or “Us.”
SMC is a member of NSE, BSE, and MCX and is registered with the Securities & Exchange Board of India (SEBI) as a stock broker with the SEBI registration number INZ000199438 and exchange codes as stated below.
NSE – 07714
BSE – 470
MCX – 8200
MSEI – 1002
NCDEX – 00021
The “Client” is any individual or entity with an exchange-approved UCC (Unique Client Code) account with SMC, able to trade various securities through SMC (in compliance with various exchange and SEBI regulations).
“Superr API” is a suite of APIs, developer services, and associated software offerings. The 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 SMC using a Client account.
The terms described in this document, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines concerning using the APIs are collectively referred to as the “Terms.”
This agreement is between “You” (accessor and consumer of the APIs) and “SMC,” the stockbroker offering broking services via the APIs. You may be a SMC Client or an entity offering the APIs in turn to other SMC Clients as end users.
- 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 SMC 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 the 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).
c) Registration
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 SMC will always be accurate and up to date, and you’ll inform us promptly of any updates.
- 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, develops a private interface exclusively for customising personal trading and investment experience, or this may be for building a trading platform. The development of trading platforms is bound by various norms and regulations stipulated 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 SMC’s in-house platform, SMC 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 terminate your access to APIs. Please note that You can’t display live market data obtained via Superr API to the public. Any such redistribution, if found, may result in the termination of your access to Superr API.
b) API rate-limiting
SMC 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 SMC, You have to obtain express consent from SMC by writing to the relevant department (SMC may decline or accept such a request based on various factors).
c) Exclusivity
The API Terms are non-exclusive. You acknowledge that SMC 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 SMC may monitor, track, and record all interactions and requests happening via the API, your own, and your end users to ensure the API’s stability, security, and reliability.
e) Automated trades
The APIs are not meant for placing fully automated trades (without manual intervention). If you wish to use the APIs for full automation, you should seek the necessary approvals from the exchange. SMC can provide the required assistance in obtaining approvals.
- Your end users
You may use the APIs to build platforms which You may, in turn, offer to other Clients of SMC (after obtaining the required exchange approvals). Neither SMC nor 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, SMC’s Clients, are bound primarily by the terms and conditions they agreed to at the time of their account registration with SMC.
a) Ownership
As the APIs are restricted to – and only work with – the accounts of SMC clients, all end users You offer your API-enabled platforms to are SMC’s Clients. Any new user that You may refer to SMC (who in turn opens an account with SMC on their own volition) to offer your platform is also SMC’s Client. While You may promote your services to such a Client, You may not claim any exclusivity to the Client or their data. SMC may offer any service to any of its existing clients, including Clients referred by you, at any time.
b) User Privacy
You will comply with all the applicable privacy laws and regulations, including those related to your end users. You will adhere to SMC’s privacy policy and provide a privacy policy for your end user that is clear and accurate.
- Prohibitions and Confidentiality
a) API Prohibitions
When using the APIs, you may not (or allow those acting on your behalf to) – Sublicense the APIs for use by a third party, Act with the intent of exposing SMC’s products and services to any viruses, worms, defects, Trojan horses, malware, or any items of destructive nature, Defame abuse, harass, stalk, or threaten others, Interfere with or disrupt the APIs or the servers or networks providing the APIs, Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements, Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law, Use the APIs to process or store any data that will, in turn, invade the privacy of the end user, and Remove, obscure, or alter any SMC terms of service or any links to or notices of those terms.
b) Confidentiality
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.
SMC’s communications to you may contain confidential information, including any materials, communications, and information marked confidential or otherwise considered confidential under the circumstances. If you receive any such information, you will not disclose it to any third party without SMC’s prior written consent.
Unless permitted by SMC or 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.
Scrape, build databases, otherwise create permanent copies of such content, or keep cached copies with the intent of redistributing.
Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party.
Misrepresent the source or ownership; remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of the material.
- Costs and revenue
a) Costs
SMC may charge You for using the APIs or parts of them selectively. These charges may be fixed or variable and are at the sole discretion of SMC. SMC 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 pricing suitable for You (SMC may decline or accept such a request based on various factors).
b) Non-refundable charges
Any charges, once paid (one-off or ongoing) for using APIs or any of its subsets, are non-refundable.
c) Sharing of revenue
SMC may share revenue with You (bound by the terms set forward by various exchanges and SEBI) for referring clients to SMC via the API or offering other services. You may write to the relevant department to discuss a revenue-sharing model You desire (SMC may decline or accept such a request based on various factors).
- Liability of the APIs
a) Uptime
The API response and account access times may vary due to various factors, including, but not limited to, trading volumes, market conditions, system performance, and 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 SMC’s control or unforeseen circumstances, including natural disasters.
b) No guarantees or warranties
SMC does not promise or commit to the APIs or related offerings. SMC will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages when the law permits. SMC excludes all warranties, guarantees, conditions, representations, and undertakings to the extent law permits.
c) Limitation of Liability
SMC will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages when the law permits. In all cases, SMC will not be held liable for expense, loss, or damage that is not reasonably foreseeable.
- Termination
a) Termination
This agreement is effective until terminated. User rights under this agreement will terminate automatically or otherwise cease to be effective without notice from SMC if the user fails to comply with any terms and conditions. SMC may terminate this agreement if the 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 from SMC. Upon termination, SMC does not hold any liability or other obligation to you.
To terminate the Terms, you must provide SMC with prior written notice. Upon termination, cease using the applicable APIs, use the SMC brand, and delete any cached or stored content 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.
- Indemnification
You agree to indemnify and hold SMC 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 –
Technical faults or the limitations of the APIs.
Your misuse or your end user’s misuse of the APIs.
Your violation or your end user’s violation of the Terms
Any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
- Governing law/forum
This Agreement shall be governed and interpreted by the laws of the Union of India. Only New Delhi (Delhi) courts shall have jurisdiction over resolving disputes. Both parties hereby consent to such personal and exclusive jurisdiction.
