PRO PARTNER PROGRAM – TERMS & CONDITIONS

This terms and conditions pertaining to the Pro Partner Program (“TnCs”) describe the terms and conditions that apply to your participation and use of Pro Partner Program of 5Paisa Capital Limited (hereinafter referred to as “5Paisa” or “the Company”). By proceeding with the Pro Partner program, it is deemed that you have read and accepted the terms and conditions provided hereinbelow and that you unconditionally agree to abide by the same till your association with 5Paisa as a Pro-Partner. If you do not wish to be bound by these Terms, you may not participate in the Pro Partner Program. Certain provisions or conditions of the Pro Partner Program may be subject to additional terms and conditions which may be specified from time to time and your use of those elements of the Pro Partner Program is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Pro Partner Program by electronic means, including posting such information and materials online at www.5paisa.com. Your acceptance to continue your association as a Pro-Partner with 5paisa implies that you have agreed to periodically access these updates on the website of 5Paisa and you shall abide by the amendments thereto. Further, the referral program is subject to the regulations and provisions prescribed by SEBI / Exchanges with respect to referrals and any changes prescribed therein, in future, shall be deemed to have been accepted by you unconditionally.

 

1.    DEFINITION

  • “Referrer(s)" for the purpose of this program shall mean an existing client or prospects of the Company, who has referred a Referee for opening his/her Demat account with the Company.

  • "Referee(s)", for the purposes of this offer shall be the individual who has been referred for opening his/her Demat account with the Company by the Referrer.

  • "Pro Partner Program" shall mean the online platform under which the Referrer(s) shall refer the Referee(s) for opening his/her demat account with the Company.

  • "Referral Fee" shall mean the reward the Referrer is eligible for under each individual Offer. The same is subject to the discretion of the specific product/service teams that initiate Offers on the online platform of the Pro Partner Program and shall be in lines with the Referral policy adopted by the company in adherence to the Referral regulations prescribed by SEBI / Exchanges.

  • “5paisa Capital Limited” shall mean “5paisa” or the “Company”.

 


2.    OBLIGATIONS OF THE REFERRER

  • The Referrer deems to understand that by accessing their unique referral URL or code within their 5paisa’s account can refer prospective customers to the Company.

  • The Referrer agrees and understands that a referral shall be deemed to be a “Qualified Referral” only if the Referee executes trades on our platform thereby generating a minimum brokerage against such trades which is equivalent to or more than the amount of referral fee payable for referring the said referee. The mere completion of the account opening process by the Referee would not qualify the Referrer for a Referral Fee against the said referee.

  • Both the Referrer and the Referees shall be eligible for participating in this program only if they are eighteen (18) years or above.

  • The Referrer agrees and understands that the Referee must be a new client and not an existing lead or a client of the Company. In case a person is referred by more than one (01) Referrer, the Referral Fee will get attributed to Referrer whose invite the Referee has clicked upon and that the discretion of deciding the same shall be subject to the internal control mechanism adopted by the company for deciding the referrals under this program.

  • The Referrer acknowledges that the discontinuance of the relationship between the Referrer and the Company will not have any effect on the agreement entered into between the Company and the Referee.

  • The Referrer understands and agrees that no other offers, offered by the Company shall be clubbed under this program unless specifically provided for under the applicable terms and conditions. Consequently, no claims / complaints with respect to non-payment of fees / commission therein shall be entertained by the company.

  • The Referrer agrees to abide and follow Regulations/ Rules/ Guidelines/ Circulars of SEBI and all the applicable regulatory requirements as may be notified from time to time. The referrer further agrees that he shall regularly visit the company’s website to update himself of any changes in the terms and conditions or other provisions pertaining to this agreement / program.

  • The Referrer agrees that he is not authorized to receive money in cash or otherwise on behalf of the Company and issue any receipt thereof.

  • The Referrer agrees that should the Referee approach the Referrer for any queries regarding the Company, the Referrer agrees to forward the same to the Company.

  • The Referrer agrees to conduct himself with propriety and decorum all times and in the manner which is not prejudicial to the interest of Company.

  • The Referrer agrees not to make any statement, representation or claim nor give any warranties to any person in respect of the business of the Company or performance of any securities or any assured profits etc. If the referrer is found to have indulged in any such mal-practices, the company reserves its right to initiate disciplinary / legal action against the referrer including withholding of the referral fees or commission payable to him.

  • The Referrer agrees neither to use nor display the name, logo or mark of the Company (or any logo or mark similar thereto) in any manner, unless in the specified agreed manner and understands that all the intellectual property rights belong to the company.

  • The Referrer agrees that the Company shall at all times during the tenure of this arrangement, be entitled to audit, monitor and assess the performance of the Referrer.

  • The Referrer acknowledges that he will be in receipt of certain confidential information of the Referee from the Company including but not limited to account opening details, trade details, brokerage, or any other information of the Referee which at any time is designated as confidential information. The Referrer agrees not to disclose, misuse, duplicate or distribute such information of the Referee to any third party and shall take commercially reasonable security measures, to prevent the unauthorized use, duplication, or distribution of any such Confidential Information. Any disclosure of the information by the Referrer shall be done only after seeking prior approval from the Company.

  • The Referrer or any third party/entity (including a blogger/ person whether having his/her own channel or not) if shared any content which provides information about Member’s business, products/services/Brokerage plans etc or undertaking brand promotion or influencing the investment/sale decisions of any investors, shall be treated as Advertisement and shall require prior approval of the Exchange/Trading Member before publishing the same. Rs. 50,000/- penalty shall be levied to the Referrer in case of the violation of the Rules / Regulations/ Guidelines/ Circulars of Trading member / Exchange / SEBI.

 

 

3.    CONSIDERATION

  • The Company shall pay the Referral Fee to the Referrer for only the Qualified Referral as laid down in the clause 2(b).

  • The Company shall compute the eligible Referral Fee of the Referrer and the same shall be credited to the Referrer by the 10th (tenth) of every month.

  • The commission/fees payable to the Referrer will be governed by the norms specified by SEBI/ relevant regulator. The computation done by the Company for the Referral Fee shall be deemed to be final and agreed upon by the Referrer.

  • The rates of referral fees/ commission are subject to revision by the Company from time to time and the Referrer shall be bound by the said revisions.

  • In the event any discrepancies / excess payment or over charging on account of incorrect computation the excess Referral Fee shall be reversed by the Company.

  • All payments to be made by Company under the terms of this Arrangement shall be subject to the deduction of all applicable Taxes.

  • Pro Partner Program will be discontinued, if the 5paisa account of a referrer is deactivated or closed.

 

 

4.    CONDUCT

  • The Company reserves the right, at its sole discretion, to prohibit any Referrer from participating in any aspect of the Program if the Company deems or suspects that such Referrer has engaged in or has attempted to engage in any of the following:

    • Acting in violation of these Program Terms and Conditions;
    • Manipulating client records or fraudulently referring clients known to have been involved in unethical or immoral or criminal practices or back ground
    • damaging, tampering with or corrupting the operation of the Program or Site;
    • activity deemed in the sole discretion of the Company to be generally inconsistent with the intended operation of the Program.

     

  • The Company shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms and Conditions or intent of these Program Terms and Conditions.

  • These terms and conditions applicable to Referral Program are in addition to and not in derogation of the terms and conditions as may be applicable to the products/services being made available to the Referrer(s)/Referee(s) by the Company.

  • The participation in the program is entirely voluntary and it is understood, that the participation by the Referrer shall be deemed to have been made on a voluntary basis.

  • The Company reserves the right to modify/change all or any of the Terms and Conditions applicable to the Offer without assigning any reasons or without any prior intimation whatsoever. The Company also reserves the right to discontinue the Offer without assigning any reasons or without any prior intimation whatsoever.

  • The Company reserves the right to terminate this arrangement or withhold payment of any referral fees if the referral partner engages in spam, bulk distribution of invitations, distribution to strangers, or any other promotion of the Company’s Pro Partner Program through invitations that would constitute or appear to constitute as unsolicited commercial e-mail, SMS, publishing any article or content about the Company’s products and services.

  • Notwithstanding anything contained herein, the Company reserves the right at any time at its absolute discretion without prior notice to vary, withdraw, cancel, or invalidate the Pro Partner Program, without having to give a reason thereof, and without compensation whatsoever. Further, the Company has the discretion to reject any claim in the event of irregularity, discrepancy, or dispute, and its decision shall be final, conclusive and binding. If we are withdrawing the offer the same will be updated on the website.

 

5.    LIABILITY

  • Binding Effects: By participating in the Program, the Referrer agrees to and are bound by the Program’s Terms and Conditions. If the Referrer do not wish to agree to and abide by the Program Terms and Conditions in their entirety, the Referrer is not authorized to participate in the Program.

  • Release: By participating in the Program, the Referrer releases the Company, its subsidiaries, affiliates, suppliers, advertising, and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Program rewards.

  • Indemnification: The Referrer agrees to indemnify, defend, and hold the Company and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Referrer of any of these Program’s Terms and Conditions or any violation by the Referrer of any applicable law.

 


6.    DISCLAIMER OF WARRANTIES

  • THE REFERRER EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE USE OF THE PROGRAM IS AT THEIR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET THEIR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY THEM THROUGH THE PROGRAM WILL MEET THEIR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT THEIR OWN DISCRETION AND RISK, AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

 


7.    GENERAL

  • Term. The term of this Agreement will begin when the Referrer begins participating in the Program by inviting or making URL available to potential clients and will end when terminated by either party. Either the Referrer or the Company may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate this Agreement.

  • Amendments: The Company reserves the unconditional right to modify or amend this Terms of Use , Privacy Policy and Policies without any requirement to notify the Referrer of the same. It shall be the Referrer’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The Referrer’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.

  • Notice: All notices from the Company will be served by email to the Referrer’s registered email address or by general notification on the Platform.

  • Assignment: The Referrer cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of informing the Referrer or seeking their consent.

  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

  • Waiver: The failure of the Company to exercise or enforce any right or provision of these Program’s Terms and Conditions shall not constitute a waiver of such right or provision. The terms and conditions applicable to Referrers’ use of the Company’s services can be found at www.5paisa.com .

  • Integration: These Terms of Use together with the Company’s Privacy Policy and Policies and any other legal notices, communications published by the Company on its Platform, and any other agreements executed between the Referrer and the Company shall constitute the entire agreement between the Referrer and the Company concerning its Platform, The Company’s Services and governs the Referrer’s use of the Platform and the Company’s Service, superseding any prior agreements between the Referrer and the Company with respect to the Platform and the Company’s Services.

  • Reservation of Rights: The Company reserves all rights other than those expressly granted in these Terms and Conditions and grants no license except as expressly set forth herein. The Company retains all right, title, and interest in and to its Brand Features and the Company’s Site, together with all Intellectual Property Rights.

  • Publicity: The Referrer may not create, publish, or distribute any original promotional images or material that makes reference to the Company, aside from the Invitation Links, or other official advertisements.

  • Relationship of Parties: The Referrer and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties.

  • Entire Agreement: This Agreement sets forth the entire Agreement of the parties as it relates to the Service and supersedes all other oral or written agreements governing your use of the Service.


 

 

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