4.1 The Referrer and Referral hereto represent that he/ she has full right, power and authority to enter into and be bound by the Terms and to perform his/her obligations under these Terms and that he/she can participate in this Program without any restrictions by any regulatory requirements applicable to the Referrer or to the jurisdiction in which the Referrer has his/her residence.
4.2 The Referrer and Referral shall always comply with the laws and regulations (including but not limited to data protection and anti-spamming rules) applicable to the Referrer and Referral or to the jurisdiction in which the Referrer and Referral has his/her residence.
4.3 The Referrer and Referral throughout his/her participation in this Program undertakes the responsibility to act in good faith at all times and must not make any false or misleading representations or statements with respect to Galore Pro and or the Program and/or engage in any other
practice which may affect adversely the image, credibility or the reputation of Galore Pro.
4.4 The Referrer and Referral will indemnify Galore Proand keep Galore Proindemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which Galore Pro suffers
or incurs as a direct or indirect result of any failure by the Referrer and Referral to perform any ofthe Referrer’s and Referral’s obligations under these Terms.
4.5 The Referrer and Referral will not represent itself as agent of Galore Pro and the Referrer and Referral will have no authority or power to bind Galore Pro or to contract in the name of or create liability against it.
4.6 Whereas a Referral has communicated to Galore Pro that he or she wishes to be removed and/or unlinked from a Referrer, Galore Pro shall remove such Referral accordingly and the Referrer shall have no rights in respect of the unlinked Referral. Under no circumstances shall Galore Pro be liable for any consequences of any such removal from a Referrer.
4.7 Galore Pro will not be liable to the Referrer and Referral with respect to any subject matter of these Terms under any contract, negligence, tort, strict liability, or other legal or equitable principle for any indirect, incidental, consequential, special, general or exemplary damages (including without limitation, loss of revenue or goodwill, or anticipated profits, or lost business) even if Galore Pro have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in these Terms, in no event shall Galore Pro’s cumulative liability to the Referrer and Referral arising out of or related to these Terms, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total Reward(s) paid to the Referrer and Referral under these Terms.
4.8 Galore Pro reserves the right at its absolute discretion to terminate the Referrer’s and Referral’s participation in this Program and/or cancel or nullify the Reward or profit gained without being liable for any consequences should the Referrer and/or any Referral commit and/or Galore Pro suspects any fraud in the use of and/or abuse of this Program and/or misuse of the Reward and/or any attempt of collusion and/or manipulation and/or bad faith and/or acts which are not in the spirit of this Program and/or arbitrage and/or other forms of deceitful or fraudulent trading and/or other activity and/or breach of the Terms and/or the Operative Agreements and/or of Galore Pro’s Business Terms.
4.9 No single or partial exercise of, or failure or delay in exercising any right, power or remedy under these Terms or law by Galore Pro shall constitute a waiver by Galore Pro , or impair any exercise of further
exercise of, that or any other right, power or remedy arising under these Terms or at law.
4.10 The rights and remedies provided to Galore Pro under this Program are cumulative and are not exclusive of any rights or remedies provided by law.
4.11 The Referrer and Referral acknowledges that Galore Pro has the right, as in its sole discretion deem fit, to alter, amend, suspend, cancel or terminate the Program, or any aspect of the Program or the Referrer’s and Referral’s participation in the Program at any time and upon any reasonable cause. Under no circumstances shall Galore Pro be liable for any consequences of any alteration, amendment, suspension, cancellation or termination of the Program.
4.12 In the event of any dispute misrepresentation of the above applicable Terms, such dispute or misinterpretation shall be resolved in good faith and as Galore Pro shall, in their sole and absolute discretion, deem fit and proper. The decision shall be final and binding.
4.13 Nothing in this Program creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Referrer, Referral and Galore Pro .
4.14 The headings and titles contained in this Program are included for convenience only and shall not limit or otherwise affect the Terms.
4.15 Notwithstanding the translated language of this document, the English wording shall be the binding version in the event of any discrepancy between the two languages.