These Terms and Conditions govern the access to and use of the SaaS platform made available by airpay money Private Limited ("airpay money") by the subscribing Independent Financial Advisor ("IFA" or "Subscriber").
By accessing, registering for, or using the Platform, or by executing this document where applicable, the IFA acknowledges that it has read, understood, and accepted these Terms, and agrees to be bound by them.
Unless the context otherwise requires, the following terms shall have the meanings assigned to them below:
airpay money shall provide the IFA, on a non-exclusive and subscription basis, access to the Platform and its functionalities, which may include, without limitation, client onboarding, portfolio management and viewing, transaction facilitation, reporting, analytics, reminder and alert features, and such other modules and services as may be introduced, modified, or discontinued by airpay money from time to time at its sole discretion.
Nothing contained herein shall be deemed to create any relationship of employer–employee, principal–agent, partnership, joint venture, or association of persons between the IFA and airpay money. The IFA shall act in an independent capacity at all times, and nothing shall be construed as authorising the IFA to act as an agent of, or to bind, airpay money in any manner whatsoever.
The IFA shall pay to airpay money a subscription fee, as mutually agreed, per IFA login (the "Subscription Fee"), for access to and use of the Platform.
The Subscription Fee shall be payable annually in advance, on or before the commencement of the applicable subscription period, or such other date as may be specified by airpay money in writing.
All Subscription Fees are exclusive of any applicable taxes, duties, levies, or statutory charges (including, without limitation, goods and services tax), which shall be payable by the IFA in addition to the Subscription Fee.
Except as otherwise expressly agreed in writing by airpay money, all Subscription Fees paid shall be non-cancellable and non-refundable.
In the event of any failure or delay by the IFA in payment of the Subscription Fee, airpay money reserves the right to suspend or restrict access to the Platform and/or terminate these Terms, without prejudice to any other rights or remedies available under these Terms or Applicable Law.
These Terms and Conditions shall commence on the date the IFA accepts these Terms and Conditions and shall remain in full force and effect for so long as the subscription remains valid (the "Subscription Period"), unless terminated earlier in accordance with these Terms and Conditions.
The IFA shall, at all times, maintain a valid ARN and/or such other registrations as may be required, and shall comply with all applicable laws, regulations, circulars, and guidelines issued by regulatory authorities including SEBI, AMFI, IRDAI, PFRDA, RBI, and any other competent authority, as may be applicable to the distribution of financial products.
The IFA shall be solely responsible for undertaking and fulfilling all client-related regulatory requirements, including but not limited to Know Your Customer (KYC) documentation, risk profiling, suitability assessment, and such other due diligence obligations as may be prescribed under applicable laws.
The IFA shall ensure that all data and information uploaded or submitted on the Platform is true, accurate, complete, and current, and that all necessary consents, authorizations, and permissions have been duly obtained from Clients for the collection, use, processing, and sharing of such data on the Platform.
The IFA shall not misuse the Platform in any manner, including but not limited to attempting to gain unauthorized access, introducing malicious code, or using the Platform for any fraudulent, unlawful, or unethical purposes.
The Subscription Fee specified under Clause 3 is charged solely for providing access to and use of the Platform and shall not, by itself, entitle the IFA to receive any commissions, incentives, or other monetary benefits in respect of any financial products.
Any commissions, incentives, or revenue sharing payable to the IFA in respect of eligible transactions executed through the Platform shall be governed by the product-wise commercial terms set out in Annexure A (Commercial Schedule), as may be amended or updated by airpay money from time to time.
Nothing in these Terms and Conditions shall be construed as an assurance or guarantee of any minimum business volume or income to the IFA.
The IFA shall keep confidential all non-public, proprietary, or confidential information received from Airpay Money and/or Clients, including Client data, Platform-generated data, business information, and transaction details ("Confidential Information"), and shall use such Confidential Information solely for the purposes of performing its obligations under these Terms and Conditions. The IFA shall not disclose such Confidential Information to any third party except as permitted under these Terms and Conditions or required by law.
airpay money shall implement and maintain reasonable technical and organizational security measures to protect Client data processed on the Platform against unauthorized access, use, disclosure, alteration, or destruction, in accordance with applicable data protection laws in India.
Subject to applicable law, all Client Data collected, processed, or stored through the Platform shall be owned and controlled by airpay money. airpay money shall determine the purpose and means of processing such Client data and may process the Client data for the purposes of providing the services under these Terms and Conditions, complying with legal and regulatory obligations, and for other lawful purposes permitted under applicable law.
All intellectual property rights, including but not limited to all rights in the Platform, software, source code, object code, interfaces, designs, trademarks, logos, content, documentation, and any modifications or enhancements thereto (collectively, the "Intellectual Property"), shall remain the sole and exclusive property of airpay money or its licensors. Nothing in these Terms and Conditions shall be construed as transferring any ownership rights to the IFA.
Subject to these Terms and Conditions, airpay money hereby grants to the IFA a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for the purpose of providing services to its Clients during the Term of these Terms and Conditions.
The IFA shall not, and shall not permit any third party to:
airpay money shall use commercially reasonable efforts to ensure the availability and proper functioning of the Platform, subject to scheduled maintenance, emergency maintenance, and any downtime caused by factors beyond airpay money's reasonable control, including but not limited to force majeure events, third-party service failures, or network disruptions.
airpay money shall provide reasonable technical support to the IFA in connection with the use of the Platform during its standard business hours. Such support shall be provided through communication channels as may be designated by airpay money from time to time.
The IFA represents that it has the legal right and authority to enter into these Terms and Conditions.
The IFA represents that it holds all registrations and approvals necessary to carry out its activities and shall immediately inform airpay money of any suspension, cancellation, or change in status.
The Platform is provided on an "as is" and "as available" basis, and airpay money disclaims all warranties, express or implied, to the maximum extent permitted by law.
To the maximum extent permitted by law, airpay money's aggregate liability arising out of or in connection with these Terms and Conditions shall not exceed the total Subscription Fee actually paid by the IFA to airpay money in the one (1) month immediately preceding the event giving rise to such claim.
airpay money shall not be liable for any indirect, consequential, special, incidental, or punitive damages, including loss of profit, loss of business, or loss of goodwill.
airpay money may terminate these Terms and Conditions, without cause, by providing thirty (30) days' prior written notice to the IFA.
airpay money may terminate these Terms and Conditions with immediate effect by written notice to the IFA if:
Upon termination or expiry of these Terms and Conditions:
These Terms and Conditions, together with any annexures or policies referenced herein, constitute the complete and exclusive terms governing access to and use of the Platform and supersede all prior or contemporaneous communications, discussions, representations, or understandings, whether written or oral, relating to the Platform.
airpay money reserves the right to amend, modify, or update these Terms and Conditions at any time. Any such amendment shall be effective upon prior written or electronic notice to the IFA or upon publication on the Platform. Continued access to or use of the Platform after such amendment shall constitute acceptance of the revised Terms and Conditions.
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court or competent authority, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
No failure or delay by the IFA in exercising any right, power, or remedy under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of such right, power, or remedy.
The IFA shall not assign, transfer, or novate any of its rights or obligations under these Terms and Conditions without the prior written consent of airpay money. airpay money may assign or transfer these Terms and Conditions, in whole or in part, to its affiliates or in connection with a merger, acquisition, or corporate restructuring, upon written notice to the IFA.
Neither airpay money nor the IFA shall be liable for any failure or delay in the performance of its obligations (other than payment obligations) to the extent such failure or delay is caused by events beyond its reasonable control, including acts of God, natural disasters, war, riots, strikes, pandemics, governmental actions, or failures of utilities or telecommunications networks.
The IFA accesses and uses the Platform as an independent contractor. Nothing in these Terms and Conditions shall be construed as creating any partnership, joint venture, agency, employment, fiduciary, or representative relationship between the IFA and airpay money, nor shall the IFA have any authority to bind or represent airpay money in any manner.
Any notices or communications issued under these Terms and Conditions shall be provided in writing by Airpay Money through email, in-Platform notification, or any other electronic or physical mode as determined by airpay money. Such notices shall be deemed effective when sent to the contact details last provided by the IFA or made available through the Platform.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India. The courts at Mumbai shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms and Conditions.
The undersigned IFA acknowledges acceptance of these standard Terms and Conditions governing use of the Platform.
For IFA / Subscriber
Name:
ARN / Registration No.:
Signature:
Date:
Place:
The following product-wise commission structures shall apply to eligible transactions routed through the Platform:
| Product | Commission to IFA (Illustrative) |
|---|---|
| Mutual Funds | As per monthly calculations / AMC structure as may be communicated separately |
| Unsecured Lending | 0.75% of the loan amount |
| Secured Lending | 0.50% of the loan amount |
| Insurance | 5% of the premium amount |
| NPS – Transactions | 0.10% of the transaction amount |
| NPS – PRAN Creation | Rs 200 per PRAN |
| Digital Gold | 0.50% on purchase amount |
| US Stocks | 0.10% on trade value |
| Indian Stocks – Demat | Rs 100 per demat account opening |
| Fixed Deposits | 0.25% up to 24 months; 0.50% for 24 months and above |
| Credit Cards | Rs 750 per card issuance |
| Loan Against Securities | 0.75% of the loan amount |
| Loan Against Gold | 0.50% of the loan amount |
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