Terms and Conditions
The potential Partner is requested to read and understand the contents of these Terms and Conditions carefully before agreeing for empanelment with FirstCapital. The Partner acknowledges that he/she has read and understood these & Terms and Conditions before clicking the “I Accept” button. By clicking the “I Accept” button, the Partner unconditionally agrees and assents to be legally bound by the Terms and Conditions for empanelment. The Partner undertakes that he/she is eligible and competent to enter into such a binding contract with FirstCapital as per applicable Laws and has knowledge of the internet. The Partner agrees that he/she is according his/her free consent, without any coercion for the empanelment with& FirstCapital.
FirstCapital” shall mean FirstCapital Financial Advisors Pvt. Ltd., a company, registered under the companies Act, 1956, and having it’s office at Ackruti Star, 117, Central Road, MIDC, Andheri east, Mumbai – 400093, is an online tech enabled aggregator of various financial and non-financial products; and only offers a platform to support the Partners. It does not offer investment advisory or asset management services to anyone directly, however, its associate firms may offer such services.
“Partner” shall mean and include any individual who has agreed to avail the services offered by FirstCapital and eligible to be duly appointed by FirstCapital as a Partner of FirstCapital or its associate firms/coumpanies for such & service/(s).
“Client”(s) or “Customer” shall mean and include individuals/entities making transactions or showing interest in making transactions through the Partner in various products and services offered by FirstCapital.
“Portal”shall mean all the websites /links /pages offered by FirstCapital through which access is provided to web pages, online desks, user accounts, utilities, forms, surveys, reports, financial tools, articles, documents, media contents, news, Product, Service, market information, third party links, etc. in any mode, format or manner, and through any technology or platform, including mobile platforms /operating systems and mobile applications.
“Product(s)” shall mean any financial or non-financial products available with FirstCapital from time to time and offered specifically to the Partners for distributing such products to their Clients in any mode
“Service(s)” shall mean support and related services to promote the sub-distribution business of the Partners as specifically offered by FirstCapital from time to
Transaction(s)” shall mean all transactions made by Clients, including but not limited to, any purchase, redemption, sale, switch or transfer, in any of the Products and Services in any manner or mode, either directly or indirectly at any point of time.
This facility is offered to enable Online Empanelment of persons as a Partner of FirstCapital for distributing various products to their clients/customers.
FirstCapital may, in its absolute discretion and in the Partners’ interest, request a written confirmation signed by the Partner pertaining to any information of the Partner, and any additional documents, that FirstCapital may require for completing empanelment of the Partner. However, FirstCapital shall have no obligation to check or verify the authenticity or accuracy of the information confirmed by the Partner online or additional documents purporting to have been sent by the Partner and may act thereon as if the same had been duly given.
Eligibility & Appointment
Any person / firm seeking empanelment as a Partner and intending to distribute any products / services being offered by FirstCapital shall be qualified and eligible, as per the applicable laws, regulations and rules, to carry out the business of distribution of such Products and receipt of Services offered by FirstCapital. Further Partner or its associates shall possess all valid certifications as required by applicable laws and guidelines issued by any industry regulator, SRO or any other authority from time to time.
Upon completion of Empanelment, FirstCapital shall provide an email confirmation mentioning the Partner’s Code and other Terms and Conditions on registered email id of the Partner.
FirstCapital grants the Partner a non-transferable, revocable and non-exclusive licence to use the Portal and other online facilities for bonafide purpose of this agreement only.
Partner & Use of Information
The Partner authorises FirstCapital to use the personal information including contacts, address, email id, mobile no. etc. of the Partner for updating records of FirstCapital for empanelment of the Partner.
The Partner authorizes FirstCapital to use Bank Account details submitted by the Partner online for credit of brokerage and other benefits due to Partner pursuant to the business procured.
The Partner warrants that its information captured by FirstCapital and all other documents submitted by him are true and correct. The Partner warrants that FirstCapital is not required to verify the Partner information (including Bank Account details) captured/ submitted with documentary evidence. The Partner acknowledges that the responsibility for the accuracy and veracity of personal information solely rests with the Partner and FirstCapital will not be responsible or liable for any loss, claims, liability that may arise on account of any incorrect and/or erroneous data/information of the Partner.
Rights & Obligation of Partner
The Partner and his clients shall be solely responsible for the protection and privacy of the user id and password of the Portal and any such online facilities offered by FirstCapital. FirstCapital cannot be held liable for any actions, claims, damages, losses, suits, proceedings, demands or expenses, costs, charges in respect thereof or otherwise on account of the unauthorized use of online facilities by person(s) other than those authorized/ nominated by the Partner
The partner shall maintain all the information of their clients as required under Know Your Customer (KYC) and other applicable laws. The Partner shall be solely responsible for adhering to the implementation of KYC (Know Your Customer) and AML (Anti Money Laundering) norms, processes, compliances under the PMLA regulations &guidelines given by the regulatory authorities, AMCs, SRO and FirstCapital from time to time. FirstCapital shall not be held liable of any non-compliance
FirstCapital reserves the right to conduct Audit of the Partner’s Business and inspect relevant documents in connection with this
Partner recognizes and acknowledges the exclusive rights, title and proprietary interest of FirstCapital to ownership of FirstCapital’s various trademarks, service marks, logos and/or any other intellectual property assets and shall not claim any rights, title or interest in the same or any part of it. Partner agrees not to use FirstCapital’s name, trademarks, service marks, logos or any other intellectual property assets in any manner whatsoever on its website or elsewhere, except to such limited extent as may be specifically agreed to and in the manner so authorized by FirstCapital in
The Partner shall have no right to inspect and/or have any access to the books, records, documents, systems, infrastructure etc. of FirstCapital.
Rights & Obligation of FirstCapital
FirstCapital reserves rights to reject the application for empanelment as a Partner with FirstCapital or terminate an existing Partner at its sole discretion without giving any reason/ notice for the same.
FirstCapital reserves the right and discretion to change, amend or modify the terms and conditions under this agreement or any of the products offered by FirstCapital without prior notice.
FirstCapital reserves the sole ownership and rights over the Portals and the usage of such portals are subject to Terms and Conditions as laid down from time to time.
FirstCapital reserves the right to withhold the commission or any other amount payable to the Partner, pending submission of the declarations/documents/forms or any other information as required by FirstCapital.
The Partner shall not have any right or claim against FirstCapital, for any loss incurred by it due to any revision made by the Principals in commission or any change of terms and conditions of distribution.
In case the Partner receives any commission or any other amount which is not due or payable to the Partner, FirstCapital shall be entitled to recover the same or adjust all such amounts as are paid wrongly or by
FirstCapital reserves the right to set-off and/or deduct any due amounts by Partner from the accrued commissions or brokerages etc., amounts payable to the Partner at the discretion of
The commission / brokerage payable by FirstCapital will be as per the structure as may be notified by FirstCapital from time to time.
The commission shall only be paid subject to the Partner’s fulfilment of the necessary statutory, regulatory and/or legal obligations or guidelines as laid down by such bodies and any norms specifically formulated by FirstCapital and as revised, from time to time.
The Partner confirms that it is competent to enter into a legally binding contract and the acceptance of this terms and conditions under applicable laws and that it is not incompetent to contract within the meaning of the Indian Contract Act,1872 as amended from time to
By accepting ‘Terms and Conditions’ the Partner agrees that it is legal, valid and binding.
The Partner agrees that it has all the necessary consents and approvals contemplated herein have been or shall be obtained from the governmental, regulatory or statutory authorities as applicable.
The Partner confirms that it shall comply with the IA Regulations, if applicable, at all times and shall keep FirstCapital fully indemnified at all times.
Confidential Information shall mean all information disclosed to the Parties under this Agreement including but not limited to the details of the investors. The Party receiving the information shall be the “Recipient Party” and the party disclosing the information shall be the “Disclosing Party”. However, the Parties agree that following shall not be considered Confidential Information: i) Becomes generally available to the public other than as a result of disclosure by the disclosing party, employees or representatives; or Information which was previously known to the recipient Party prior to receipt from the disclosing Party; or ii) Information that is developed independently by the recipient Party or any of its employees, agents or representatives who had no access to the Confidential Information provided by the disclosing Party; or iii) Information which is disclosed to regulatory authority; or. iv)Information which is disclosed pursuant to the requirement or request of a government agency or court of competent jurisdiction.
The covenants of confidentiality set forth herein shall survive and continue and be maintained from the date hereof even after the termination of this
The Partner is responsible for maintaining and protecting the confidentiality of their login-id and password issued by FirstCapital. The Partner agrees to accept responsibility for all activities that occur under their login-ids and passwords. FirstCapital shall not be held liable for any actions, claims, damages, losses, suits, proceedings, demands or expenses, costs, charges in respect thereof or otherwise on account of the use of online facilities by person/s other than those authorized/nominated by the client.
Suspension and Termination
The appointment of the Partner shall continue to remain in full force and effect unless terminated by FirstCapital or the Partner, in accordance with the provisions contained herewith.
Both the parties are free to terminate this arrangement by serving one month advance notice to the other party without assigning any reason.
FirstCapital shall be entitled to terminate the engagement of the Partner forthwith, if:
the Partner is found to be a minor or adjudicated as an insolvent or found to be of unsound mind by a court of competent jurisdiction;
It is found that the Partner has knowingly participated in or connived in any fraud, dishonesty or misrepresentation against FirstCapital.
Any statement made by the Partner in the Partner Empanelment Form is found to be false or misleading.
The partner conducts or acts in any manner, which is deemed prejudicial to the interest of FirstCapital, its service providers, other Partners or
The Partner does not comply with all applicable legislations, statutes, ordinances, regulations, administrative rulings.
The partner resorts to threat or abusive language or mental harassment in its conduct with employees or officials of FirstCapital
In case of termination of this arrangement, all other Services shall also be terminated, irrespective of any tenure or subscription period remaining, if any. Partner shall not be entitled for any refund of any amount or compensation on account of termination here-in-under.
FirstCapital is not liable for any consequence arising from such suspension or termination of Partner. FirstCapital cannot be held liable for any refund of fees, actions, claims, damages, losses, suits, proceedings, demands or expenses, costs, and/or investments made in infrastructure, systems, employees, etc. or charges in respect thereof or otherwise on account of such suspension or
Upon the death of an individual Partner, the Partner status shall be deemed to be terminated w.e.f. the date of death. The nominated person or the legal heir would be entitled to receive the payment of all the pending dues of the deceased Partner subject to compliance with any rules, regulations, guidelines etc. laid down by AMFI or SEBI or any other competent authority.
The Partner hereby declares and covenants to defend, indemnify and hold FirstCapital its directors, affiliates, promoters, employees, successors in interest and permitted assigns harmless from and against all claims, liabilities, costs, charges, damages or assertions of liability of any kind or nature resulting from:
Any failure to comply with all applicable legislation, statutes, ordinances, regulations, circulars administrative rulings or requirements of law;
The misfeasance, malfeasance, negligence, defaults, misconduct or fraudulent acts of & by the Partner or& its representatives, employees, directors, agents, representatives; and
Any and all actions, suits including suits related to succession and testamentary, proceedings, assessments, settlement, arbitration judgments, cost and expenses, including attorneys’ fees, resulting from any of the matters set forth herein
Fraudulent, improper, incorrect, wrongful or negligent performance, work, service, act or omission by the Partner including any of its employees, and representatives;
Wilful misconduct of the Partner or any of its employees, and
All actions, causes, suits, proceedings, accounts, claims and demands, including claims and demands in respect of any prospective or retrospective liability, or any loss, financial or otherwise, whatsoever or arising on account of the FirstCapital, Partners, candidates or its executors, administrators, successors taking any action, error, mistake, loss of document or information, misrepresentation, missing applications or other documents or on account of applications or documents being incomplete in any way, etc whatsoever and/or resulting in the same, undertaking any, and against all damages, costs, charges, expenses, sums of money incurred in respect thereof or otherwise in relation to the aforesaid
FirstCapital shall not be liable for any delay and/or rejection in respect of any Transaction or the subsequent receipt of such Transaction or account statement or delivery to a wrong person of & any information, including but not limited to log-in information, account statements, Transaction confirmations, electronically or otherwise, which have been made through FirstCapital or FirstCapital Portal, for any reason whatsoever. Further FirstCapital cannot be held responsible or liable for any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses, whether direct, indirect, incidental or consequential from such delays, non-executions, rejections, non-communication and/or mis-communication of information, non-payment of proceeds in regards to any Transaction or request for any Product and Service or otherwise & made through FirstCapital or its Portal for any reason
FirstCapital shall not be liable for any delay or non-payment of any proceeds on redemption or dividend payouts by the AMCs to the Clients of the Partners for any reason
If the foregoing limitation is held to be unenforceable, the maximum liability of FirstCapital and its service providers to the Partner shall not exceed the amount of fees actually paid (if any) by the Partner for the Products or Services which have been ordered or availed through FirstCapital or its Portal
The agreement shall be interpreted under the laws of
Any claims, disputes or differences arising under or in connection with this agreement or anything done or omitted to be done pursuant hereto shall be subject to the exclusive jurisdiction of the civil courts in Mumbai.
The Parties may choose to settle any controversy or claim arising out of or relating to the breach thereof by arbitration to be held in Mumbai in accordance with the law of jurisdiction and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.
FirstCapital and Partner will be collectively referred to as “Parties” and severally as“Party”.
In this agreement, wherever the context so requires, reference to the neuter gender includes reference to the feminine and masculine genders and vice
Clause headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation or construction of this agreement or of any
It is clarified that this agreement is on a principal to principal basis and does not and shall not constitute or deemed to constitute a partnership or joint venture or agency of any kind under the Indian Contract Act or any other law for the time being in force and does not create and shall not be deemed to create any employer-employee or principal-agent relationship between the parties
The Partner is not entitled to subcontract or transfer any of its rights and obligations under this Agreement without prior consent of FirstCapital. FirstCapital may assign all or part of its obligations under this agreement.
If any provision of this agreement is held unenforceable, such provision will be modified to reflect the parties intention. All remaining provisions of this contract shall remain in full force.
The Agreement constitutes the complete agreement between the parties and supersedes all prior agreements, written or oral, concerning the subject matter of this
Any information, material, product or service offered or purchased through FirstCapital and/ or its Portal may contain typographical errors or inaccuracies. Any dated information is published as of its date only with due care, and FirstCapital does not undertake any obligation or responsibility to update or amend any such information. The information, products and services on the portal are provided on an “AS IS, WITH ALL FAULTS”, “WHERE IS” and “WHERE AVAILABLE”
FirstCapital does not warrant the information or services provided on its Portal, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non‐infringement, merchantability or fitness for a particular purpose other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this
The service herein is provided without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. Neither FirstCapital nor any of its employees, agents, successors, assigns, affiliates, group companies or content or service providers shall be liable to Partner or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any
FirstCapital (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, riots, armed conflicts, acts of war, or other like causes. FirstCapital shall have no responsibility to provide you access to the Portal during such interruption.
FirstCapital represents that it has taken due care and caution in providing information on Portal and such information or references may be taken from external reliable sources as deemed appropriate by FirstCapital. However, FirstCapital does not make any guarantees or warranties whatsoever, expressed or implied, regarding the accuracy, adequacy, timeliness, completeness, reliability, functionality, fullness of any information, data, analysis, reports, etc., in any mode or manner. FirstCapital shall not be responsible for any errors or omissions or for the decisions and consequences thereof based on any information, data, analysis, reports, etc., made available by FirstCapital, in any mode or manner, to Partner or any other
Any information, data, market analysis, research reports, etc. made available by FirstCapital, in any mode, manner or format, shall not be construed as a representation on the legality, feasibility, fitness or validity of any security, Product or Service under applicable
FirstCapital may place on& its Portal contents like advertisements, banners, reports, articles,& audio /video files, etc, including links to third party websites. However, FirstCapital does not validate or qualify or endorse such contents and is not responsible for any such content or information, claims, statements and for any decision taken thereof, for any& reason whatsoever.
The Parties shall not be liable for any failure to perform any of its obligations under this agreement if the performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. Each party shall promptly inform the other of the existence of a Force Majeure Event and shall consult together to find a mutually acceptable solution.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes , riots, insurrection, war or acts of government.