| |
|
| 1.1. |
TimesofMoney Ltd. ("TOML"),
is a limited liability company incorporated in India under
the Companies Act, 1956. TOML presently has its registered
office at 1st Floor, Times Of India Building, Dr. D.N
Road, Fort, Mumbai 400 001, India. TOML owns and maintains
the Website and offers you access to and use of the Website
and the opportunity to avail of the Facilities, products
and services displayed or offered on the Website on and
subject to the Terms and Conditions set out below and
elsewhere in the Website (hereinafter referred to as "the
Terms and Conditions") You must accept and agree to
abide by the Terms and Conditions before accessing or
using the Website or availing of any of the Facilities,
products or services offered on the Website.
|
| 1.2. |
Please read the Terms and Conditions
carefully. The access and use of the Website means that
you agree to accept and abide by the Terms and Conditions.
In case you do not agree to accept and abide by the Terms
and Conditions, please do not access or use this Website
or any pages thereof and please do not avail of any of
the Facilities, products or services offered on or through
the Website.
|
| 1.3. |
Please note that by clicking on "SUBMIT"
it will be deemed that you have read and understood the
Terms and Conditions and that you agree to accept and
abide by the Terms and Conditions.
|
| 1.4. |
TOML may in its discretion alter, add to
or delete the Terms and Conditions from time to time without
any prior notice. It is your responsibility to ensure
that periodically on every occasion that you access or
use the Website or any Facility, product or service displayed
or offered on the Website that you return to this page and
review the Terms and Conditions for any alterations, additions
or deletions. Unless otherwise specified by TOML all alterations,
additions and deletions shall take effect automatically
and be binding on and from the day they are posted on
the Site. By continuing to access or use the Website or
any Facilities, products or services offered on the Website,
you will be deemed to have agreed to accept and be bound
by such altered, added to or deleted Terms and Conditions.
If you do not agree to the alterations, additions or deletions,
you should discontinue accessing or using the Website
or availing of any Facilities, products or services on
the Website (other than those which have already been
availed of by you prior to such alterations, additions
or deletions).
|
| 2. DEFINITIONS AND INTERPRETATIONS: |
| |
|
| 2.1. |
In these Terms and Conditions (including the Introduction
above), unless the context otherwise requires, the following
words and phrases shall have the meanings assigned to
them hereunder -
"Alerts"
means notices relating to various matters issued
or to be issued by TOML to you from time to time e.g.
notices of market information, reminders for bill payments,
etc.
"Alliance Partner"
means any Person, other than TOML, who displays content
or offers any Facility on the Website.
Eg. : banks offering loans and other credit facilities,
companies offering assistance with taxation matters,
banks and companies offering credit cards, etc.
"Call Centre"
means the call center which may be set up by TOML or
a Service Provider to assist Visitors in connection
with the Website including the Facilities displayed
or offered thereon and any transactions entered into
or proposed to be entered into by the Visitors in respect
of such Facilities.
"Customer"
means a Registered User who avails or seeks to avail
of any Facility.
"Customer Account"
means one or more accounts relating to the Customer's
position in respect of one or more Facilities.
"Customer ID"
means the user identification chosen by the Customer
and registered by the Website which, along with the
Customer Password, will enable the Customer to -
- avail of Facilities and enter into transactions
in respect of the Facilities,
- access one or more Customer Accounts, download
application forms for Facilities, register a change
in address, change in nominee details, payments, payment
of dues, bill payments, trading and make online applications;
and
- do such other acts as the Website may permit.
"Customer Password"
means the password chosen by the Customer and registered
by the Website which, along with the Customer ID, will
enable the Customer to -
- avail of Facilities and enter into transactions
in respect of the Facilities offered on the Website,
- access one or more Customer Accounts, download
application forms for Facilities, register a change
in address, change in nominee details, payments, payment
of dues, bill payments, trading and make online applications;
and
- do such other acts as the Website may permit.
"Facility"
means any present and future product, service or facility
displayed or offered on or through the Website (whether
by TOML or by any Alliance Partner) and includes loans,
hire-purchase facilities, lease facilities, services
and facilities for acquiring, selling and dealing in
shares, units and other securities, bill payment facilities,
application forms and other documents downloading facilities,
insurance policies, credit cards, remittance facilities,
Alerts, Portfolio Tracking facilities, Customised News
and taxation advisory and assistance services.
"Person"
includes an individual, a company, a body corporate,
an association of persons (whether incorporated or not),
a trust, a partnership firm, a society and the government.
"Registered User"
means any Visitor who has registered himself with the
Website but who has not entered into any transactions
in respect of the services and products offered on the
Website. The term "Registered User" includes every Customer.
"Registered User ID"
means the user name that is chosen by the Registered
User and registered by the Website for access to the
Website.
"Registered User Password"
means the password that is chosen by the Registered
User and registered by the Website for access to the
Website.
"Service Provider"
means a Person, not being an Alliance Partner, who provides
a service to TOML in order to enable TOML to operate
and/or maintain the Website, provide any feature on
the Website or provide any Facility which is provided
by TOML.
"T-PIN"
is an abbreviation for Personal Identification Number,
and means a password which may be allotted by TOML to
a Customer to enable him to perform such activities
as TOML may permit over the telephone through the Call
Centre or otherwise e.g. give instructions, enter into
transactions, inquire about the account status, approve
bill payments.
"the Terms and Conditions"
means the terms and conditions set out above and below
and also all other terms and conditions contained elsewhere
on the Website from time to time.
"TOML"
means TimesofMoney Ltd, a limited liability
company incorporated in India under the Companies Act,
1956, and includes its successors and assigns.
"TOML's Affiliates"
means any other body corporate which controls, is controlled
by, or is under common control with, TOML. In this definition
"control" means the direct or indirect control
of 10% or more of the ownership, voting rights or equity
capital of the concerned entity.
"Visitor"
means any person who accesses or visits the Website,
whether or not such person has registered himself as
a Registered User. The term "Visitor" includes every
Registered User and Customer.
"the Website"
means the Website presently maintained by TOML at www.timesofmoney.com,
and includes the pages of the Website and any applets,
software and content contained in the Website.
|
2.2.
|
Interpretation In the Terms and Conditions, unless
repugnant to the context or meaning thereof, -
- eference to a particular gender shall be deemed
to include a reference to the other genders; and
- the singular shall include the plural and vice
versa; and
- the word "includes" should be construed as if the
words "without limitation" appear thereafter.
|
| 3. WEBSITE: |
| |
|
| 3.1. |
The Website primarily facilitates the display
and offering of Facilities by the Alliance Partners and
/ or by TOML on a no-liability and no-obligation basis
as regards TOML. Information and Facilities on the Website
may be displayed and offered in a phased manner at the
discretion of TOML. TOML or the Alliance Partner shall
have the right to from time to time in its discretion,
introduce new information and Facilities and add to, modify,
suspend or withdraw any information or Facility or the
terms thereof in whole or in part without any prior notice.
|
| 3.2. |
If any of the Terms and Conditions are
not acceptable to you or you disagree with any material
on the Website, your sole and exclusive remedy is to discontinue
using the Website.
|
| 4. ELIGIBLE USERS: |
| |
|
| 4.1. |
In order to access and use the Website and
avail of any Facility you must be an individual of atleast
18 years of age who can enter into legally binding contracts
under applicable law or a corporation, trust, association
of persons or firm which can enter into legally binding
contracts under applicable law. In case of a corporation,
trust, association of persons or a firm, you must be authorised
to agree to the Terms and Conditions and to access, use
and avail of the Website and the Facilities. If you do
not qualify, please do not access or use the Website or
the Facility.
|
| 4.2. |
Citizens and residents of countries other
than India (collectively, "non-residents") shall
access, use and avail of the Website and the Facilities
only to the extent the domestic laws of India and such
countries permit them to access, use and avail of the
Website and the Facilities. All non-residents understand
that by accessing, using and availing of the Website and
the Facilities, they may be violating the local laws in
India and/or such countries. You agree that you will be
solely and absolutely liable for any liability incurred
by you in this regard and you will indemnify TOML against
any liability incurred by TOML in this regard.
|
| 5. REGISTRATION INFORMATION
(IDS AND PASSWORDS) AND SECRECY: |
| |
|
| 5.1. |
Only limited access to the Website is available
to non-registered Visitors. Non-registered Visitors may
not be permitted to avail of the Facilities. In order
to obtain increased access to the Website and in order
to avail of the Facilities you are required to register
on the Website as a Registered User.
|
| 5.2. |
You agree -
- to provide true, accurate, current and complete
information about yourself as prompted by the registration
form on the Website, and
- to from time to time maintain and update this information
to keep it true, accurate, current and complete at
all times.
You shall indemnify TOML for any losses caused to TOML
due to any information provided by you to TOML being
untrue, inaccurate, not current or incomplete in any
respect, and TOML shall not be responsible for any losses
sustained by you due to any information provided by
you to TOML being untrue, inaccurate, not current or
incomplete in any respect. If any information provided
by you is untrue, inaccurate, not current or incomplete,
TOML has the right to terminate your registration and
refuse you access to or use of the Website or any Facilities.
|
| 5.3. |
Subject to the other Terms and Conditions,
upon registration as a Registered User the Website will
register your Registered User ID and Registered User Password;
and upon registration as a Customer the Website will register
your Customer ID and Customer Password.
|
| 5.4. |
You will be solely and absolutely responsible for maintaining
the secrecy and confidentiality of all your IDs and
passwords (which term includes T-PINs) and you will
be fully and absolutely responsible and liable for all
transactions and activities that occur under your ID
and password including any unauthorised use or misuse
of your ID and/or password. You will be responsible
and liable if any third party gains access to the Website
or any Facility through the use of your ID or password,
and you hereby agree to indemnify TOML and hold TOML
harmless against any liability, costs, damages, claims,
suits and proceedings based upon or relating to such
unauthorised access and use. Without prejudice to the
aforesaid, you agree to -
- immediately notify TOML via e-mail and Registered
Post AD, or through the Call Centre, of any suspected
loss, theft, unauthorised usage of the ID or password,
any other breach of security, or any receipt by you
of confirmation of a transaction, fund or securities
transfer or other activity which you did not authorise;
or any inaccurate information in your account balances,
securities positions or transaction history and
- ensure that you logout from your account at the
end of each session.
|
| 5.5. |
Any transaction or activity pursuant to
use of your ID or Password shall be deemed to be your transaction
or activity and TOML shall have no obligation to verify
the authenticity of any such transaction or activity.
TOML shall not be responsible for any mistake or error
made by you in keying in the transaction or activity as
to the nature of the transaction / activity, with respect
to any facts or figures or otherwise.
|
| 5.6. |
If you forget your ID, you can send a written
request to TOML at the address provided on the Website
giving your date of birth and transaction details satisfactory
to TOML. On TOML being satisfied of your identity (which
satisfaction shall be entirely at the discretion of TOML),
TOML shall send the ID to your e-mail address registered
with TOML. You shall be responsible for continuing to
maintain this e-mail address. TOML shall not be liable
if it declines to furnish the ID by reason of it not being
satisfied as to your identity.
|
| 5.7. |
If you forget your password, you can send
an e-mail (or such other message as TOML may specify)
to TOML at the address provided on the Website giving
your Customer ID and date of birth and such other information,
if any, as TOML may require. On TOML being satisfied of
your identity (which satisfaction shall be entirely at
the discretion of TOML), TOML shall send the password
to your e-mail address registered with TOML. You shall
be responsible for continuing to maintain this e-mail
address. TOML shall not be liable if it declines to furnish
the password by reason of it not being satisfied as to
your identity.
|
| 5.8. |
If you forget your password, TOML may, subject
to verification and satisfaction as stated above, instead
of sending you your password, generate a new password
for you which shall be communicated to you at the e-mail
address provided by you. For your security reasons you
must change this password as soon as it is received by
you, and until then this password shall be deemed to be
your password and you will be responsible and liable for
all transactions pursuant thereto. Upon generation of
the new password, TOML shall discontinue the use of the
old password. However, you shall be responsible and liable
for all transactions that are carried out by the use of
the old Password, till the time of discontinuation of
the old ID or password.
|
| 5.9. |
Notwithstanding anything stated elsewhere
in the Terms and Conditions, and despite correct use of
your ID and password, TOML shall be entitled in its sole
discretion (but shall not be bound) to seek offline and/or
additional written or other confirmation from you of any
instruction, transaction or activity as TOML may deem
fit.
|
| 5.10. |
In the event that the certifying authorities
and other infrastructure contemplated under the Information
Technology Act, 2000 or any other law for the time being
in force, for ensuring secure electronic records and secure
digital signatures is notified by the concerned authorities
and the infrastructure to enable the same is in place,
TOML shall have the right to require you to communicate
instructions and authorise and execute transactions and
other activities by means of such secure electronic records
and secure digital signatures in addition to, or in place
of, the use of password(s).
|
| 6. CONDUCT OF VISTORS, REGISTERED
USERS AND CUSTOMERS: |
| |
|
|
6.1.
|
You shall not -
- restrict or inhibit any other person from accessing,
using and enjoying the Website or the Facilities;
- use the Website for any purpose that is unlawful
in any jurisdiction or not permitted by the Terms
and Conditions;
- modify, copy, distribute, transmit, display, perform,
publish, licence, create derivative works from, transfer
or sell any information, designs, logos, trademarks,
software, Facilities, products or services obtained
on or through the Website, except as permitted by
the copyright owner or other right holder thereof;
- post or transmit any unlawful, fraudulent, libellous,
defamatory, obscene, pornographic, profane, threatening,
abusive, hateful, offensive, or otherwise objectionable
information or statement of any kind including, without
limitation, any information or statement constituting
or encouraging conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise
violate any local, state, national, foreign or other
law;
- post or transmit any advertisements, solicitations,
chain letters, pyramid schemes, investment opportunities
or schemes or other unsolicited commercial communication
(except as otherwise expressly permitted by TOML)
or engage in spamming or flooding;
- post or transmit any information or software which
contains a virus, Trojan horse, worm or other harmful
component;
- post, publish, transmit, reproduce, distribute
or in any way exploit any information, software or
other material obtained from or through the Website
for commercial purposes (other than as expressly permitted
by the provider of such information, software or other
material);
- upload, post, publish, transmit, reproduce or distribute
in any way, information, software or other material
obtained on or through the Website which is protected
by copyright or other proprietary right, or derivative
works with respect thereto, except as permitted by
the copyright owner or other right holder thereof;
- upload, post, publish, reproduce, transmit or distribute
in any way any component of the Website itself or
derivative works with respect thereto, except as permitted
by TOML or the copyright owner or other right holder
thereof, the Website being copyrighted under the relevant
laws;
- attempt to decompile or reverse engineer any of
the software available on the Website.
- You will not make any attempt to hack into the
Website or otherwise attempt to subvert any firewall
or other security measure of the Website and if you
become aware of any shortcoming in the security on
the Website you shall forthwith inform TOML of the
same in writing.
|
| 6.2. |
If the Website contains bulletin boards,
chat rooms, access to mailing lists or other message or
communication facilities (collectively, "Forums"), you
agree to use the Forums only to send and receive messages
and material that are proper and related to the particular
Forum.
|
| 6.3. |
You shall use any software provided on,
by or through the Website only for the purposes for which
it has been provided to you and for no other purpose.
|
| 7. OTHER TERMS: |
| |
|
| 7.0. |
The user agrees that TOML might, at times, contact him/ her either through phone, email or other means of communication with the intention of explaining benefits of, or working of, or promotions currently running on the various products and services provided by TOML.
|
| 7.1. |
TOML shall not be under any duty to assess
the prudence or otherwise of any instruction or transaction
given or entered into by you.
|
| 7.2. |
TOML shall be entitled, in its sole and
absolute discretion, to refuse to comply with all or any
of your instructions without assigning any reason.
|
| 7.3. |
You cannot cancel any instructions once
provided, save and except as specifically detailed on
the Website. Additionally, when you place a request to
cancel an instruction or a transaction that has been authorised
by you, such cancellation is not guaranteed by TOML. Such
instruction or transaction will only be cancelled if your
request for cancellation is received and acted upon before
the instruction or transaction has been executed.
|
| 7.4. |
TOML and the Alliance Partners shall have
the right to, and you hereby authorise TOML and the Alliance
Partners to, verify any information provided by you.
|
| 7.5. |
TOML shall endeavour to take reasonable
measures, which may include encryption, to ensure that
your personal information is not disclosed to any person
except to TOML, Alliance Partners, Service Providers,
other persons to whom the information may be provided
as per TOML's Privacy Policy and other persons
specified by you. However, the Internet is an open system
and TOML cannot, and does not, guarantee that the personal
information which you furnish will not be intercepted
or accessed by others and decrypted. TOML, the Alliance
Partners and Service Providers shall not be liable or
responsible should any confidential or other information
provided by or pertaining to you (included credit card
numbers, bank account numbers, passwords, personal identification
numbers, IDs, transaction details, etc.) be intercepted
and subsequently used by an unintended recipient.
|
| 7.6. |
REWARD POINTS: Any scheme for awarding or securing reward points or other rewards or prizes (by whatever name called) is available only to Persons who are eligible for the same under the rules of the concerned scheme and the applicable laws of India and other concerned jurisdictions. You are therefore required to verify that you are eligible before participating in any such scheme. TOML is not responsible or liable for the performance, quality or any other aspect of any rewards, prizes or items manufactured or supplied by third parties against any redemption of the points or otherwise pursuant to such scheme, and your recourse for the same will be only against the persons who have manufactured or supplied the same.Eligibility of Rewards points, awarded as per Times Of Money Policy, is exclusive. This cannot be clubbed with any existing offer, unless otherwise specified explicitly. Redemption of reward points for free transactions is subject to special conditions which may vary on the mode of remittance other factors, if any.
|
| 7.7. |
Quotes, research information, historical
information and other content on the Website is provided
by CRISIL, Economic Times, Capital Markets and/or other
persons / entities. Daily updates are subject to receipt from the respective third party data contributors. The latest quotes are subject to market fluctuations and will be subject to a delay. Market quotes and other information on the
Website, as well as reference materials or links to other
sites, are for general informational purposes only, and
are not intended to be relied upon for transactional or
other purposes. Neither TOML nor any of its data or content
providers shall be liable for any errors or delays in
the content, or for any actions taken or omitted to be
taken in reliance thereon. Opinions expressed in any information
contained on the Website are not indication of prospective
rating / grading. Any ratings awarded by the content providers,
Affiliate Partners, Service Providers, the Website or
TOML should not be treated as a recommendation to buy/sell/hold
any Security and you shall rely exclusively on your best
judgement in respect thereof. Stock quotes and mutual
fund Net Asset Values ("NAVs") and news stories which
are accessed may be delayed.
|
| 7.8. |
For Corporate Class Customers, the Remittances in the currency of the country they are registered under will be free of charge. Remittances in any other currency, but under the same login ID, will be charged as per the terms and conditions of the Corporate Class scheme.
|
| 8. DISCLAIMERS: |
| |
|
| 8.1. |
Access and use of the Website and the Facilities is
entirely at your own risk. The Website, including any
content or information on it, any related or linked
site and all Facilities, products and services displayed,
provided, availed of, licensed or purchased on, through
or via the Website are provided "as is," without any
representation or warranty of any kind, either express
or implied, including without limitation, any representation
or warranty for accuracy, continuity, uninterrupted
access, timeliness, sequence, quality, performance,
fitness for any particular purpose or completeness.
Specifically, TOML disclaims any and all warranties
including, but not limited to -
- any warranties concerning the availability, accuracy,
usefulness, or correctness, currency or completeness
of information, Facilities, products or services and
- any warranties of title, warranty of non-infringement,
freedom from computer virus, warranties of merchantability
or fitness for a particular purpose, other than those
warranties which are incapable of exclusion, restriction
or modification under the laws applicable to the Terms
and Conditions.
TOML has not verified and shall not be liable or responsible
for any content or other information on the Website
or on web-sites linked to or with TOML. TOML does not,
in any way, certify or warrant the performance, operation,
content or availability of the Website or such other
websites. Although TOML adopts security measures which
it considers appropriate for the Website, it does not
assure or guarantee that no person will overcome or
subvert the security measures and gain unauthorised
access to the Website or any Customer Accounts. TOML
shall not be responsible or liable if any unauthorised
person hacks into or gains access to the Website, any
Facility or your accounts; and you shall be liable and
responsible for the same.
|
| 8.2. |
This disclaimer of liability applies also
to any damage 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, tortuous behaviour, negligence, or under
any other cause of action.
|
| 8.3. |
The information and views contained herein are based on information available and believed to be correct to the best of our knowledge. Although due care has been exercised to verify the accuracy of the information, neither timesofmoney.com and its information suppliers assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service.
|
| 8.4. |
TOML does not warrant or makes any representations
regarding the use or the results of the use of any product,
service and /or Facility in terms of its compatibility,
correctness, accuracy, reliability or otherwise. You assume
total responsibility and risk for your access and use
of the Website, all site-related services and all Facilities,
products and services mentioned or advertised on or accessed
or availed on or through the Website.
|
| 8.5. |
You acknowledge that any warranty that is
provided in connection with any of the Facilities, products
or services described on the Website are provided solely
by the owner, advertiser, manufacturer, provider or supplier
of that Facility, product or service, and not by TOML
or the Website (except where TOML is expressly stated
to be owner, advertiser, manufacturer, provider and supplier
thereof).
|
| 8.6. |
TOML operates and offers the Website strictly
on a no-liability basis and TOML shall not be liable to
you or any other third party for any direct, indirect,
incidental, special, exemplary, punitive, consequential
or other damages (including without limitation loss of
profits, loss or corruption of data, loss of goodwill,
work stoppage, computer failure or malfunction, or interruption
of business) under any contract, negligence, strict liability
or other law or theory arising out of or in connection
with the Website, or any Facilities, products or services
mentioned or advertised on or accessed or availed on or
through the Website or any contract or transaction entered
into or executed in pursuance thereof (however arising,
including negligence) or resulting from the use of or
inability to use, access or avail of the Website, any
Facility, service or product or out of any breach of any
warranty. Under no circumstances shall TOML be liable
for any damages whatsoever whether such damages are direct,
indirect, incidental consequential and irrespective of
whether any claim is based on loss of revenue, investment,
production, goodwill, profit, interruption of business
or any other loss of any character or nature whatsoever
and whether sustained by you or any other person.
|
| 8.7. |
If any disclaimers or limitation of liability
in the Terms and Conditions are held to be unenforceable,
the maximum liability of TOML (or the concerned Affiliate
Partner or Service Provider, as the case may be) to you
shall not exceed the amount of fees paid by you to TOML
(or the Affiliates Partner or Service Provider, as the
case may be) for the Facilities, products or services
that you have ordered or availed of on or through the
Website.
|
| 8.8. |
Delays in the Transactions and Non-Liability
for Damages
While TOML shall endeavour that your instructions and
your transactions pursuant to Facilities provided by TOML
are communicated, carried out and/or performed promptly,
TOML does not guarantee that any instructions will definitely
be communicated or carried out or that any transactions
will definitely be performed; and TOML shall not be responsible
for any delay in communicating, carrying out or performance
of any instructions or transactions due to any reason
whatsoever, including by reason of failure of operational
systems for reasons including but not limited to virus
attacks, natural calamity, floods, fire and other natural
disasters, legal restraints, faults in the telecommunication
network or network failure, software or hardware error,
labour problem, strike or any other reason beyond the
control of TOML.
|
| 8.9. |
TOML shall not be responsible for any inability
to access the Website or any use or misuse of the Website.
|
| 8.10. |
Any search results displayed by or on the
Website are automated and cannot be screened. Accordingly,
TOML assumes no responsibility for the accuracy or otherwise
of any search results or of the content of any site included
in the search results or otherwise linked to the Website.
|
| 8.11. |
TOML shall not be responsible for any unauthorised
interception of e-mail to or from you or TOML.
|
| 8.12. |
You further acknowledge that -
- TOML is not a broker within the meaning of the
Securities and Exchange Board Of India's SEBI (Stock
Brokers And Sub-Brokers) Rules and Regulations, 1992.
- The Website does not operate as a stock exchange.
- TOML or the Website is not your portfolio manager,
investment advisor, tax advisor or other advisor or
consultant.
|
| 8.13. |
To the extent possible, the disclaimers,
limitations on liability and indemnities available to
TOML under the Terms and Conditions shall mutates mutandis
extend and be available also to the Alliance Partners
and Service Providers and its / their respective directors,
officers, employees, agents, successors, assigns, consultants,
sponsors, affiliates, content providers and every one
involved in creating, producing, delivering or managing
the Website (or any part thereof) or any Facility. However
this clause shall not protect the aforesaid Persons or
extend to their obligations and liability to TOML or TOML's
claims against them.
|
| 8.14. |
A possibility exists that the Website could
include inaccuracies or errors. Additionally, a possibility
exists that unauthorised additions, deletions or alterations
could be made by third parties to the Website. Although
TOML and its Service Providers attempt to ensure the integrity
of the Website, they make no guarantee whatsoever as to
its sequence, timeliness, completeness, correctness or
accuracy. In the event that such an inaccuracy or incompleteness
arises, please inform TOML so that it can be corrected.
|
| 8.15. |
Links from the Web Site -
|
| 8.15.1. |
Clicking on certain portions or links within
the Web Site might take you to other websites without
any intimation or indication of doing or having done so.
The linked Websites are not under the control of TOML
and TOML assumes no responsibility whatsoever for such
other websites whether as to content, availability, performance
or otherwise. TOML also does not represent or warrant
that these links shall operate satisfactorily. TOML provides
these links only as a convenience and links to external
web sites do not constitute an endorsement by TOML of
such other sites, the sponsors of such sites or the content,
products, advertising or other materials presented on
or by such sites. TOML shall not be responsible or liable,
directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the access
or use of such other websites or reliance on or availing
of any content, goods or services available on such other
sites.
|
| 8.15.2. |
The links on the Website may take you to
other sites or to other locations within the Website where
the trading of securities is possible. TOML shall not
be responsible or liable with regard to any trading which
may be conducted on such linked trading sites, non-TOML
web sites, and any other web site which may be linked
to or from the TOML site.
|
| 8.16. |
Find below charges for the various countries. Kindly check the site or contact your relationship manager to get the actual rates at the time of booking.
| Amount (USD) |
Transaction Rate (USD) |
| 50 - 500 |
3 |
| 501 - 1000 |
5 |
| 1001 - 10000 |
9 |
| 10001 - 25000 |
15 |
| 25001 - 50000 |
20 |
| 50001 - 200000 |
25 |
| Amount (GBP) |
Transaction Rate (GBP) |
| 11 - 700 |
3 |
| 701 - 2500 |
5 |
| 2501 - 200000 |
5 |
| Amount (CAD) |
Transaction Rate (CAD) |
| 50 - 1000 |
15 |
| 1001 - 1500 |
15 |
| 1501 - 7500 |
15 |
| 7501 - 10000 |
15 |
| 10001 - 200000 |
15 |
| Amount (EURO) |
Transaction Rate (EURO) |
| 50 - 500 |
2 |
| 501 - 1000 |
5 |
| 1001 - 5000 |
9 |
| 5001 - 7500 |
9 |
| 7501 - 200000 |
9 |
| Amount (AED) |
Transaction Rate (AED) |
| 100 - 30000 |
15 |
| 30001- 200000 |
15 |
| Amount (SGD) |
Transaction Rate (SGD) |
| 50 - 500 |
3 |
| 501 - 2000 |
6 |
| 2001 - 5000 |
9 |
| 5001 - 10000 |
0 |
| Amount (AUD) |
Transaction Rate (AUD) |
| 50 - 200 |
6 |
| 201 - 500 |
6 |
| 501 - 4000 |
12 |
| 4001 - 5000 |
12 |
| 5001 - 200000 |
12 |
| Amount (HKD) |
Transaction Rate (HKD) |
| 50-15000 |
30 |
| 15001-200000 |
30 |
| Amount (JPY) |
Transaction Rate (JPY) |
| 10000- 50000 |
1000 |
| 50001- 275000 |
1000 |
| 275001- 500000 |
1000 |
| 500001- 2000000 |
1000 |
|
| 8.17. |
We charge the customers as per the above rates. However from time to time we run promotions based on the amount sent by the remitter where the final amount to the beneficiary include an additional amount as per the promotional offer. Irrespective of which currency the promotion is offered in, the additional amount to the beneficiary will be paid in Indian Rupees. (E.g. If you are sending USD 1200 from USA today, Indian Rupee equivalent of USD 9 will be added to the final beneficiary amount)
|
| 9. TERMS OF SUPPLY OF FACILITIES
- GENERAL: |
| |
|
| 9.1. |
The Website primarily facilities the display
and offering of Facilities by third parties ("Alliance
Partners") and TOML on a no-liability and no-obligation
basis as regards TOML. Several of the Facilities mentioned
or offered on or through the Website are provided by Alliance
Partners (and not by TOML) as indicated at the appropriate
places on the Website. TOML has not conducted any investigation
or due diligence in respect of, and makes no warranty
for, the Alliance Partners or the Facilities provided
by them, and TOML shall not be liable for any loss or
damage of any sort incurred as a result of any transactions
or dealings with Alliance Partners. You may be billed
for these Facilities by the Alliance Partners, and the
Alliance Partners may have their own agreements, terms
and conditions which will govern such Facilities provided
by them. The terms and warranties relating to such Facilities
may vary from Alliance Partner to Alliance Partner and
Facility to Facility. You should obtain the full text
of such terms and warranties from the Alliance Partners.
|
| 9.2. |
Where any Facility is provided by TOML itself,
it is expressly mentioned on the Website. TOML offers
its Facilities strictly on a no liability basis. Accordingly,
while TOML shall endeavour to offer such Facilities as
per their terms, no claim shall lie against TOML, and
TOML shall not be liable to you or to any Person, in the
event of non-provision of any Facility or delay or omission
to do any act pursuant to any Facility provided by TOML
or on any other account whatsoever. You should avail of
Facilities provided by TOML only if you are agreeable
to the above.
|
| 9.3. |
In order to avail of specific Facilities,
you may have to agree to other terms and conditions in
addition to the Terms and Conditions and may also have
to execute agreements, powers of attorney and other writings
and abide by the specified procedures.
|
| 9.4. |
All your rights and remedies and all maintenance,
update, warranty, liability or any other obligations related
to any Facility, if any, shall be governed by the applicable
terms, policies and procedures of the concerned Alliance
Partner and TOML shall not be liable or responsible for
the same in any manner. You shall have no claim, rights
or remedies whatsoever against TOML in respect of any
Facility availed or sought to be availed by you from any
Alliance Partner.
|
| 9.5. |
If you wish to avail of a Facility, you
may be asked by the Alliance Partner or TOML to supply
certain information, including but not limited to credit
or debit card or other payment mechanism information.
You agree that all information you provide to any Alliance
Partner or TOML will be accurate, complete and current.
You agree not to hold TOML liable for any loss or damage
of any sort incurred as a result of any such dealings
with any Alliance Partner.
|
| 9.6. |
The Alliance Partners and TOML offering
any Facility set their own prices and terms and may change
prices or terms or institute new prices or terms at any
time. Prices and availability of Facilities displayed
or offered on or through the Website are subject to change
without prior notice. Nothing contained in this Website
constitutes an offer, promise or commitment to grant or
provide any Facility on any specific terms or otherwise
and the sanction or grant of any Facility is not guaranteed
and is in the absolute discretion of the Alliance Partner
or TOML (as the case may be). While TOML endeavours to
post accurate and updated information on the Website,
you verify the same before taking any action or entering
into any transaction. TOML will not be liable for any
lack of availability of any Facilities you may order or
seek to avail of through the Website.
|
| 9.7. |
You agree to pay all charges incurred by
users of your ID and password and credit card or other
payment mechanism at the prices in effect when such charges
are incurred. You also will be responsible for paying
any applicable taxes, and shipping/transportation and
handling charges relating to purchases through the Website.
|
| 9.8. |
The records of access, instructions, transactions
and other activities maintained or caused to be maintained
by TOML through its or a third party's computer systems
or on tape or other recording or storage device or otherwise
shall be admissible in evidence, shall not be challenged
by you and shall be accepted as genuine, accurate, conclusive
and binding for all purposes including the recording of
the time thereof.
|
| 9.9. |
Facilities are offered only to persons who
are residents or citizens of states and countries where
TOML or the concerned Alliance Partners (as the case may
be) are operating and can offer and provide such Facilities.
By offering Facilities on this Web Site, TOML or the concerned
Alliance Partners (as the case may be) are not attempting
to offer or provide facilities outside their authorized
states or country.
|
| 9.10. |
TOML shall try to ensure that all information
that is provided on the Website with respect to the Facilities,
products and services that are offered by the Suppliers
and the Customised News are accurate and up to date. However,
TOML does not guarantee the timeliness, accuracy, completeness,
reliability or content of the information and any changes
that are made with respect to the same.
|
| 10. TERMS OF SPECIFIC FACILITIES:
|
| |
|
| |
The following Facilities are proposed to
be offered on the Website. However all the Facilities
or all the various components / features of a Facility
may not be offered. The Facilities and components / features
of a Facility may be introduced in a phased manner.
|
| |
Alerts -
TOML and/or its Service Providers shall endeavour to ensure
that Alerts are communicated to you in accordance with
your instructions in this regard. However, neither TOML
nor the Service Providers would be responsible or liable
for non-dispatch or delay in dispatch of the Alerts by
TOML and/or the Service Providers or any delay in receipt
or non-receipt of the Alerts for any reason whatsoever.
Under no circumstances shall TOML and/or the Service Providers
be liable for any costs, damages or other amount whatsoever
whatsoever for such non-dispatch or delay in dispatch
or any non-receipt or delay in receipt of the Alerts.
Non- receipt of Alerts will not discharge or reduce your
liability to pay any amount to TOML which would have been
payable in the event of proper receipt of the Alerts.
Customised News -
Customised News means information in the areas of politics,
sports, finance, etc. which may be provided or procured
to be provided by TOML by e-mail, on the Website, over
a telephone or mobile phone or any other manner on the
request of Registered Users. Such information may be sourced
by TOML from third party Service Providers and may be
transmitted by TOML to you without verification. TOML
does not warrant the accuracy, timeliness or completeness
of any information and you must independently verify the
information before acting or omitting to act on the basis
thereof. You shall not hold TOML responsible or liable
if any information is inaccurate, outdated, or incomplete.
Investment Services -
Investment Services includes information, views, opinions,
or recommendations relating to investment given on or
through the Website whether generally or on specific queries,
and includes, but is not limited to calculators, investment
planners such as "Retirement Planner", "Education Planner",
"Marriage Planner", "Asset Allocator", "Risk Analyser"
and "Personal Networth Trackers", and information, views,
opinion, or recommendations relating to insurance, initial
public offerings, equity, mutual funds and tax, information,
and interactive sessions such as question and answer sessions
and calculators for various computations including Income
Tax, Public Provident Fund (PPF) withdrawals, loans, returns,
prepayment premium, yield to maturity, equated monthly
instalments, etc.
Any and all information, data, ratings, gradings, opinions,
recommendations and statements on the Website are provided
on a no guarantee, no-obligation and no-liability basis.
TOML does not represent or endorse the completeness, accuracy
or reliability thereof. You should verify and make independent
inquiries and seek independent advice in respect of all
such information, data, ratings, gradings, opinions, recommendations
and statements. Any reliance, act or omission (including
any investment or any disinvestment decision) by you or
any third party upon any such information, data, ratings,
gradings, opinions, recommendations and statements shall
also be at your own risk and neither TOML nor its Affiliate
Partners nor Service Providers shall be liable to you
for the same. All profits and losses and other consequences
of any investment, disinvestment or other decisions made
by you or any third party are entirely to your account
and TOML shall not be liable or responsible for the same.
While the Website may facilitate your making investments
/ disinvestments, it does not manage your investment accounts
or portfolios and does not impose any conditions, such
as a minimum value of assets etc. TOML, its Affiliate
Partners, Service Providers and the Website accordingly
do not review any such accounts or portfolios or provide
any reports with respect to any such accounts. TOML does
not by itself or through others review, or provide reports
with respect to, any financial plans prepared by you with
the assistance of the Website or any Facilities.
TOML or the Website is not involved in or responsible
or liable for any decisions made by you including any
decisions with respect to the timing and amount of securities
purchases or sales, the broker or dealer to be used for
such transactions or the commission/brokerage rates to
be paid. The Website or TOML do not recommend or vouch
for the credibility or otherwise of or guarantee the performance
of obligations by any particular broker or other intermediary.
Neither the information, nor any opinion or other content
contained in the Website constitutes a solicitation or
offer by TOML or its owners/affiliates or the Site to
buy or sell any securities, futures, options or other
financial instruments or representation in respect of
any attributes of such instrument.
Nothing in this Website or any Materials shall be
construed, implicitly or explicitly, as containing any
investment recommendations. TOML is not registered
under the U.S. Investment Advisers Act of 1940. Accordingly,
nothing in such Website, or in such Materials, constitutes
an offer of or an invitation by or on behalf of TOML to
purchase or sell any of the shares or securities mentioned,
nor should it be considered as investment advice.
Mutual Funds -
Under this Facility, investments in units of mutual funds can be made by TOML on your behalf in accordance with your instructions received through the channels specified on the Website, pursuant to the power of attorney to be executed by you in favour of TOML and on providing sufficient funds for the same as mentioned on the website. TOML will also sell on your behalf and in accordance with your instructions units, which have been previously purchased by TOML on your behalf. The units will be purchased in your name. All dividend warrants, redemption and other cheques, statements, etc. will be sent to you at your last known address as communicated to TOML at the relevant time. The purchase/sale price of the units will be as per the price prevailing at the time when TOML executes your instructions to purchase/sell the units, and such price may be different from the price prevailing at the time you gave the sale/purchase instructions to TOML. TOML does not guarantee any returns, profits or sale price of any units or other securities or any performance by a mutual fund and all profits and losses and other consequences of any investment, disinvestments or other decisions made by you or any third party are entirely to your account and TOML shall not be liable or responsible for the same. It is your responsibility to read and make yourselves aware of the terms and conditions of the concerned Mutual Fund and scheme before subscribing to any Units/instructing TOML to buy/sell any units on your behalf. All Mutual Fund units purchased by you through the website are subject to investment risks, including the possible loss of principal amount invested.
Portfolio Tracking -
The Portfolio Tracking Facility enables you to input information with respect to Mutual Funds and to monitor their prices on the basis of daily NAV data received from CRISIL which is made available on the website.
TOML shall not be responsible for non-availability of
or any delay or error in the Portfolio Tracking service
due to the corresponding non-availability, delay or error
in the receipt of the live quotes or updates thereof.
Under no circumstances shall TOML or any of their personnel
be liable for any damages whatsoever whether such damages
are direct, indirect, incidental consequential and irrespective
of whether any claim is based on loss of revenue, investment,
production, goodwill, profit, interruption of business
or any other loss of any character or nature whatsoever
and whether sustained by the Registered User or any other
person for such non-availability or any delay or error
in computing or otherwise in the Portfolio Tracking Facility.
Remittance Facility -
Subject to the relevant regulatory approvals, terms and
conditions imposed while granting the necessary
approvals and other terms of this Facility, this Facility (“remit2india Facility”),
on it being made available, enables you to remit or send
foreign currency (i.e. currency which is not Indian currency)
from a country outside India to an account in India after
conversion into Indian Rupees. Remit2india Facility is a technology platform for a facility which enables remitting funds from outside India into India.Fund transfer for the facility is offered by Citibank N.A/UTI Bank Limited, which is the remitting bank (“Bank”), in association with TOML.TOML only provides the technology platform for recording remittance requests, order tracking and communication. The Bank is responsible for acting on the remittance requests, collecting money in foreign currency, converting it into INR and remitting it to the beneficiary in India as instructed by the remitter of funds i.e. you. The foreign exchange conversion rate shown for the calculation on the Website is only indicative to help you to arrive at an approximate INR amount that the beneficiary will receive. It is in no way guarantees or represents, the foreign exchange conversation rate that will actually be applied to the foreign exchange sent by you (the remitter). The Bank will be responsible for the conversion to INR, and will apply the foreign exchange conversation rates prevailing on the day of conversion, or other rates as per its discretion.
You should pay the foreign currency as per the instructions stated on the Website by cheque or draft or such other acceptable mode. Payment of the foreign currency by credit card will not be accepted. The Bank will remit of the funds into India only after it has received a confirmation that such foreign currency has been received in its account. Thereafter, after deducting the appropriate charges/fees, the money will be transmitted by the Bank to the bank account in India designated by you. If it comes to the notice of TOML or the Bank that you had insufficient funds in the account from which you requested the remittance of money or you have provided wrong details of designated bank account, TOML / the Bank may cancel the requested remittance transaction and you the Customer shall bear full liability and responsibility for the same. In addition thereto, you will bear a nominal charge of USD 10. In the event the above is learnt by TOML or the Bank after the recipient of the remittance has encashed the DD or otherwise received the remittance, you the Customer will be liable to reimburse the Bank of the amount remitted and any other charges and costs incurred by TOML and/or the Bank. You agree to pay to the Bank such amount immediately upon the Bank's or TOML's demand along with interest @ 2% per month from the date of the remittance by the Bank till the receipt of funds by the Bank from you. You also agree to pay for all costs associated with the recovery of amounts owed to the Bank, including reasonable attorney's fees and court fees. TOML and the Bank shall also be entitled to inform any credit bureau or any other person or entity if you fail to pay/reimburse such amount or any part thereof to the Bank.
While it shall be the Bank's endeavour
to adhere to the time schedule indicated by it on the
Website, TOML or the Bank will not be responsible or liable for any
changes in the time schedule for execution of your instructions
or remittance / credit of funds for any reason. Nothing
provided on the Website should be construed as advice
of any nature and you are advised to consult professionals
in this regard prior to taking any decision. Further,
this Facility does not, in any way, solicit or encourage
you to enter into any such transaction. TOML or the Bank shall not,
under any circumstances, be responsible for any loss suffered
due to any fraud or other actions of the Customer. Further,
this Facility is offered subject to the applicable laws
of any other country, including the country from which
the funds are to be remitted, and it shall be your responsibility
to ensure that these laws are adhered to. TOML accepts no liability whatsoever, direct
or indirect for non-compliance with the laws of any country
other than that of India. The mere fact that the Website
can be accessed or used or any facility can be availed
of in a country other than India would not mean that the
laws of such country would be applicable.
The customer has to specify the purpose of remittance at all times.The customer assures that all remittances booked through Remit2India shall not be towards the purpose of External Commercial Borrowings(ECB),Advanced Remittance for professional services not rendered and/or capital infusion as defined by the Reserve Bank of India.
Remittances can be sent for the following purposes only.
- Family Maintenance - Money sent to your immediate family members back home for their day-to-day living expenses. Immediate family is defined as 1. Father.2. Mother (including step-mother).3. Son (including step-son).4. Son's wife.5. Daughter including step-daughter).6. Father's father.7. Father's mother.8. Mother's mother.9. Mother's father.10. Son's son.11. Son's son's wife.12. Son's daughter.13. Son's daughter's husband.14. Daughter's husband.15. Daughter's son.16. Daughter's son's wife.17. Daughter's daughter.18. Daughter's daughter's husband.19. Brother (including step-brother).20. Brother's wife.21. Sister (including step-sister).22. Sister's husband OR any Such person who acts as a guardian or caretaker for the immediate family.
- Gift - Money sent to beneficiaries for special occasions or events like a marriage, birthday etc. Regular remittances to a beneficiary cannot be classified as a gift. Our telecalling team may get in touch with you in case more details are required about the purpose / nature of gift.
- Grants / Donations to Alma Mater - Contributions sent to an educational institution that is part of a local board or university in India where the beneficiary has studied.
- Principal Repayment / EMIs / Interest on loans extended - Periodic / Bullet payments to financial institutions commercially operating in India. Such payments must be favouring the financial institution and must favour the loan account number or reference to which such payment pertains.
- Investments in Mutual Funds: Investments in mutual funds commercially operating in India can be made in favour of the fund houses directly. Please verify with the fund house for eligibility and current regulations before routing such investments.
- Investment - Real Estate. Purchase of real estate - bullet / milestone payments for real estate purchase can be routed through remit2india with the exception of Agricultural / Plantation and Farmhouses. Our telecalling team may get in touch with you in case more details are required about the real estate investment.
- Payment / Premium for life / non life insurance policies - Payments to insurance companies commercially operating in India can be routed through the website. Such payments must be favour the insurance company with the requisite policy references / details.
- Professional Services - .The customer assures that all remittances booked through Remit2India shall not be towards the purpose of External Commercial Borrowings(ECB),Advanced Remittance for professional services not rendered and/or capital infusion as defined by the Reserve Bank of India.
- Travel Purposes - Payment to Tour Operators / Travel Agents / Hotels etc. .The customer assures that all remittances booked through Remit2India shall not be towards the purpose of External Commercial Borrowings(ECB),Advanced Remittance for professional services not rendered and/or capital infusion as defined by the Reserve Bank of India.
- Credit to NRO / NRE accounts - The customer can credit his or her own NRO / NRE account by way of such transfers.
- Payment of School Fees / Hostel Fees / Other Institute of Higher Education Fees. The educational institution should be part of a local board or university in India.
In the event the person to whom the funds are remitted requires a Foreign
Inward Remittance Certificate, or the funds are for any
reason required to be redirected to another account /
location, or any other additional service is required,
the Bank shall levy additional charges and remit the amount
after deducting such additional charges.TOML may recover an all inclusive fee of
Rs. 300/- in getting such changes made. TOML reserves the right to waive this fee of
Rs. 300/- at its own discretion. Any such request for a Foreign Inward Remittance
Certificate or the return of funds will have to be communicated to Remit2India
customer-care via email or phone.
TOML shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, currency conversion, conversion rates offered, payment to the beneficiaries of the remittances or any other query, claim or dispute. TOML will, however, assist you in contacting the Bank to facilitate resolution of such queries, claims and disputes to the best of TOML’s ability.
Additional service charge can be levied by TOML as per discretion of its management from time to time.
The current service charges for different currencies are as follows:
USD
| Transaction Amount |
Service Charge (Rs) |
| 50-500 |
35 |
| 501-1000 |
45 |
| 1001-5000 |
75 |
| 5001 & above |
125 |
Additional service charge of USD 3 will be applicable for "Smart Check".
GBP
| Transaction Amount |
Service Charge (Rs) |
| 50-700 |
44 |
| 701-3500 |
64 |
| 3501-200000 |
114 |
AUD
| Transaction Amount |
Service Charge (Rs) |
| 50-200 |
34 |
| 201-500 |
44 |
| 501-4000 |
64 |
| 4001-200000 |
114 |
EUR
| Transaction Amount |
Service Charge (Rs) |
| 50-1000 |
34 |
| 1001-5000 |
44 |
| 5001-200000 |
64 |
SGD
| Transaction Amount |
Service Charge (Rs) |
| 50-500 |
34 |
| 501-2000 |
44 |
| 2001-5000 |
64 |
| 5001-200000 |
114 |
CAD
| Transaction Amount |
Service Charge (Rs) |
| 50-1000 |
34 |
| 1001-1500 |
44 |
| 1501-7500 |
64 |
| 7501-200000 |
114 |
HKD
| Transaction Amount |
Service Charge (Rs) |
| 50-200000 |
34 |
JPY
| Transaction Amount |
Service Charge (Rs) |
| 10000-50000 |
34 |
| 50001-275000 |
44 |
| 275001-2000000 |
64 |
The above terms and conditions are in addition to the additional terms and conditions relating to the remit2india Facility appearing elsewhere on this Website or otherwise now or hereafter agreed or deemed to be agreed by you.
TOML shall be entitled to have more than one promotional offer in existence and applicable at any given time. However a customer shall be entitled to avail of only one offer per transaction. It shall be entirely at the discretion of TOML to consider any exceptions to the above
The Remittance Service Agreement is in addition to the Terms & Conditions as stated in this section and deals with the Remittance Service only.
This remittance service agreement ("agreement") sets forth the terms and conditions under which bank will provide the remittance facility to you upon your request. These terms and conditions affect your rights and you should read them carefully. By accessing and using the remittance facility, you accept and agree to the terms and conditions in this agreement.
A. Definitions in this Agreement.
The words "you" and "your" refer to the person who accepts and agrees to the terms and conditions of this Agreement.
The words "we", "us" "Bank" refer to Citibank N.A.
The word "beneficiary" refers to the person that you designate to receive the funds from the remittance payment.
The word "business day" means any day that is not a Saturday, Sunday or bank holiday for Bank.
The word "Payment Account" means the credit card account, debit card account or bank account that you provide to Bank for Bank to charge for payment for your use of the Remittance Facility. The Payment Account must be issued or held in your name by a U.S. depository institution.
The words "remittance payment" means the payment of funds that you request and authorize through the Remittance Facility to process and deliver to the beneficiary.
The words "Remittance Facility" means the service whereby you may request the delivery of a remittance payment to the beneficiary in the country of the beneficiary.
"TOML" means Times of Money, Limited.
B. Scope of Agreement.
This Agreement applies to the remittance payments that you request through the Remittance Facility. You also may be subject to terms and conditions when using the TOML website and other TOML services. The Bank is only responsible for processing remittance payments you request and authorize through the Remittance Facility. TOML is solely responsible for operating the Remittance Facility website and for responding to customer service questions you may have regarding the Remittance Facility.
TOML is not affiliated with, or controlled by, Bank. Bank is not responsible to you or any other person (i) for any acts or omissions of TOML, or (ii) for your use of the Remittance Facility website or any other services (including remittance services) that may be offered to you by TOML or by any of the service providers of TOML. You should review the terms and conditions of Remittance Facility website operated by TOML for terms governing your use of that website.
C. Registration Information
You will be required to provide certain registration information when signing up for the Remittance Facility or when requesting a remittance payment. If you do not to provide accurate and complete information during registration, you may be prohibited from using the Remittance Facility or you may cause errors in your requested remittance payment. You authorize Bank to request a credit report on you and to obtain information from other third parties and financial institutions regarding you, the beneficiary, or the Payment Account. The home address that you provide when registering must be the same as the billing address for your credit card or debit card. Bank may seek to verify your registration information but is under no obligation to undertake verification.
D. Description of the Remittance Facility.
You may use the Remittance Facility to send money to a beneficiary located in a country other than the United States. The Remittance Facility may only be used to send remittance payments to a beneficiary located in any permissible beneficiary country designated on the Remittance Facility website from time to time. Bank and TOML-designated service providers will process the remittance payment and make funds available for receipt by the designated beneficiary as described below. You must be at least eighteen (18) years of age, and a resident of the United States in order to use the Remittance Facility.
Use of the Remittance Facility does not establish a checking account or any other form of a bank account for you or the beneficiary. The Remittance Facility does not constitute or create a fiduciary or escrow capacity between you and Bank or TOML. Funds held while processing a remittance payment request are not insured by the FDIC or any other government authority. The Remittance Facility is not a funds transfer service, and your request for a remittance payment is not a payment order or other request for a funds transfer.
E. Authority to Charge Payment Account.
By requesting a remittance payment through the Remittance Facility, you authorize Bank to charge your Payment Account for the amount of the requested remittance payment and any service fees. You understand and acknowledge that Bank has no obligation to process or complete a requested remittance payment if Bank is unable for any reason to obtain authorization or settlement of the funds from charging your Payment Account for the amount of the requested remittance payment. You further acknowledge that the acceptance and processing of a remittance payment request by Bank are subject to the terms and conditions stated in this Agreement.
In the event that the charge to your Payment Account is subsequently returned, charged-back or canceled for any reason, and Bank has already processed your remittance payment request, you will be responsible to Bank for the amount of the remittance payment. You agree to pay such amount, plus any applicable service fee or non-sufficient funds (NSF) fee applicable to the return, to Bank immediately upon demand.
F. Reliance by Bank.
When processing a remittance payment, Bank may rely on the registration information and remittance payment request information that you provide to TOML. Any errors in the information, including misidentification of beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.
I. Execution of a Remittance Payment Request.
If your remittance payment request is received by Bank on a day that is not a business day or on a business day after an established cut-off time for processing, your remittance payment request will not be processed until the next business day. The applicable cut-off time may vary from time to time, and will be disclosed to you on the website for the Remittance Facility.
J. Payment of Funds to Receiver
Bank and/or TOML-designated service providers will arrange for the delivery of the remittance payment to the beneficiary in the country of the beneficiary. Payment will be made by means of currency (cash), by check, by stored value card (if available), credit to a bank account or credit card account (if available) or by other payment instrument. Not all payment methods are available in all countries, and TOML reserves right to change payment method options. Bank also reserves right to select form of payment to beneficiary. Bank and/or TOML-designated service providers will use reasonable efforts to provide payment in form requested, but the Remittance Facility is not obligated to provide all these payment options for a specific remittance payment. If a beneficiary cannot be located and identified, the remittance payment funds may be returned to you either by a credit to your Payment Account or by check payment, at Bank's option.
Bank reserves the right to establish identification and verification requirements for a beneficiary to receive the funds from a remittance payment. Bank may rely, without further investigation, upon identification information or documentation provided by you or a beneficiary, including any code or identifier number of the remittance payment, when making a payment of funds to the beneficiary.
K. Currency of Remittance Payment.
Remittance payments to beneficiaries are generally made in the currency of the country within which the beneficiary is located. If permitted by applicable law and the Remittance Facility, a remittance payment may be requested in U.S. Dollars.
If conversion is required, Bank and/or TOML-designated service providers will convert a U.S. dollar remittance payment to the local currency at the exchange rate for a transfer in that amount in effect at that time. Regardless of the currency transferred, the actual amount that the beneficiary receives may be reduced by charges imposed by Bank, TOML or other intermediary banks, including a service fee for currency conversion.
L. Permissible Remittance Payments.
You agree that you will only request a remittance payment that complies with this Agreement, applicable United States federal and state law, and applicable law in the country of the beneficiary. You may use the Remittance Facility to send remittance payments on your own behalf. You may not resell the Remittance Facility or use the Remittance Facility to make remittance payments on behalf of, or as agent for, another person. You agree that you will not request a remittance payment that would result in a violation of the laws or regulations of the United States, including without limitation, the economic sanctions administered by the U.S. Treasury Office of Foreign Asset Control and the U.S. anti-money laundering laws. You agree that you will provide information that Bank may request from time to time regarding your identity or the identity of the beneficiary in order for Bank to comply with any applicable laws, including anti-money laundering laws. Bank may provide information regarding you, the beneficiary and your use of the Remittance Facility to government authorities.
M. Rejection of Remittance Payment Request.
Bank may reject your request for a remittance payment, or impose a dollar limitation on your remittance payment, without cause or prior notice to you. Without limiting the foregoing, Bank may suspend, delay or reject your remittance payment request: (a) if the dollar value of one or more of your remittance payment requests exceed any transfer limits established for the Remittance Facility; (b) if Bank is unable to charge your Payment Account for the amount of the requested remittance payment and related fees; (c) if your request is incomplete or unclear; (d) if Bank is unable to confirm your identity or verify any registration or beneficiary information; or (e) if Bank and/or TOML-designated service providers are unable to fulfill your request for any reason.
You understand and agree that if your request for a remittance payment is rejected for any reason, you will be informed of the rejection during your next online session, by electronic mail, or by any other reasonable means of notice.
N. Service Fees and Charges.
You authorize Bank to charge your Payment Account for any applicable service fees and charges for your use of the remittance service in accordance with the Remittance Facility fee schedule in effect at the time you make a remittance payment request.
You acknowledge and agree that Bank and/or TOML-designated service providers involved in processing a remittance payment may charge a currency conversion fee for converting the U.S. dollar payment to the local currency. The fee for this currency conversion may vary. You may obtain more information on the applicable currency conversion fee by on the Remittance Facility website.
You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your credit card or debit card when you use such a card for a remittance payment. You should review your card agreement regarding such potential fees.
O. Delays or Non-Execution of Remittance Payment Request.
You agree that Bank shall not be responsible for any delay, failure to execute, or mis-execution of your remittance payment request due to circumstances beyond Bank's reasonable control, whether caused by strikes, power failures, equipment malfunctions, acts or omissions of any intermediary bank, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances. You further agree that that Bank may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system. THE REMITTANCE FACILITY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BANK MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE REMITTANCE FACILITY.
P. Refund
If you request the cancellation and refund of a previously requested remittance payment, TOML / Bank are under no obligation to process or honor such a request.
Further, if TOML/ Bank are not able to process the remittance due to incorrect account number or insufficient details, then after 60 days from the date of remittance, TOML/Bank would return the funds to the remitter.
In either of the events, where TOML / Bank does refund a previously requested remittance payment, the amount of funds that is returned to you may be less than you originally paid for the remittance payment because of service charges and difference in exchange rates. Your returned funds will be in the same currency in which the transaction was initiated. TOML / Bank shall not be liable to you for any loss resulting from TOML / Bank's inability to cancel or refund a remittance payment. If TOML / Bank determine to refund remittance payment funds to you, these funds may be returned to you either by a credit to your Payment Account or by check payment, at TOML / Bank's option.
Q. Limitation of Liability.
Bank will use commercially reasonable efforts to complete the remittance payment to the beneficiary pursuant to your instructions. If remittance payment is delayed or erroneously executed as a result of Bank's error or negligence, Bank's sole obligation to you is to correct the error or to refund the amount of the requested remittance payment and applicable Bank fees and charges. IN NO EVENT SHALL BANK BE RESPONSIBLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH A REMITTANCE PAYMENT OR THE REMITTANCE FACILITY. In any event, an action or proceeding by you to enforce any obligation, duty or right arising under the Agreement must be commenced within one (1) year from the date that such cause of action accrues. In no event shall Bank's liability ever exceed the amount of the remittance payment. The foregoing shall constitute Bank's entire liability and your exclusive remedy.
R. Indemnity.
In consideration of the agreement by Bank to provide you with the Remittance Facility, you agree to indemnify and hold Bank harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses - including reasonable attorney's fees - in connection with or arising out of (i) your use of the Remittance Facility, (ii) your breach of this Agreement, or (iii) Bank acting upon your request for a remittance payment pursuant to this Agreement.
S. Arbitration of Disputes.
You understand and agree that Bank may require any dispute arising from your use of the Remittance Facility be resolved by binding arbitration. Bank may designate an arbitrator or arbitration panel located in New York, New York. Decisions of any arbitration process shall be binding on you.
T. Amendments.
You agree that Bank and/or TOML reserve the right to change (amend, add to, or delete) the terms and conditions of this Agreement. Unless otherwise required by law, Bank may amend this Agreement without prior notice to you.
U. Electronic Communications
In order to use the Remittance Facility, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Remittance Facility by means of electronic (email and website posting) communications. In the event any change to this Agreement requires prior notice to you, Bank or TOML will notify you by email, at the email address that you provided with registering for the Remittance Facility, of the amended Agreement or will provide you with a link in such email to where you may view the revised or amended Agreement. A record of each remittance payment will be made available to you by Bank or by TOML electronically at the Remittance Facility website or by email. You acknowledge and agree that in order to use the Remittance Facility you must have a monitor and computer equipped with at least: an Internet browser with 128 bit encryption and either a printer or a disk drive or other electronic storage device. You agree that if you remove your consent to receive electronic communications, Bank will terminate your use of the Remittance Facility. You further acknowledge and agree that all email notices sent to you regarding the status of remittance payment request are only service messages, and will not be considered an official record of Bank or TOML with respect the remittance payment requested through the Remittance Facility. In the event of a conflict, the official records of the Bank will control over any service messages.
V. Governing Law.
This Agreement shall be governed by federal law of the United States of America and, where not in conflict with or preempted by such federal law, the laws of the state of New York, as applicable, without regard to conflict of law principles.
W. Use of Information; Privacy Policy
Bank may use and disclose to third parties (including to TOML and/or TOML-designated service providers) your registration information and remittance payment information in order to process a requested remittance payment, to validate your registration information, to resolve a dispute, to enforce Bank's rights and for any other purposes permitted by law.
X. Agreement to Terms and Conditions.
By clicking "I Agree", you acknowledge that you have read, understood, accept and agree to the terms and conditions of this Agreement. You also confirm that you are able to print or download a copy of this Agreement.
|
| 11. PROFESSIONAL ADVICE:
|
| |
|
| |
It is your responsibility to evaluate the
completeness, currency, accuracy or usefulness of any
information, opinion, guidance, recommendation, advice,
document or other content available on or through or pursuant
to the Website and you should consult your own counsel,
business advisor, investment advisor, tax advisor or other
advisor or consultant and seek independent professional
advice and make independent inquiries as to the legal,
business, tax and related matters concerning any Facilities,
shares, securities or other instruments with respect to
which any information, opinion, guidance, recommendation,
advice or other content is sought or given. Any investments
or other decisions will be based solely on your own evaluation
of financial circumstances and investment objectives and
TOML will not be liable or responsible for the same.
You shall be solely and absolutely responsible for your
own investments, research and investment decisions, and
TOML shall not be liable for any decision made or action
taken by you or others based upon reliance on information,
material, advice, recommendations, opinion or views obtained
on or through the Website.
Prior to the execution of a securities trade, you should
always consult with your broker or other financial representative
to verify securities pricing information.
Prior to entering into any transaction or executing any
documentation or agreeing to any terms you should consult
your legal, financial and other advisors.
|
| 12. YEAR 2000 DISCLAIMER:
|
| |
|
| |
TOML and its Service Providers make no representations
or warranties, either express or implied, of any kind
with respect to the Year 2000 compatibility of the Website
or any Facilities offered on or through the Website. In
no event shall TOML or its Service Providers be liable
for special, indirect, consequential, or punitive damages
relating to the Year 2000 compatibility of the Website
or any Facilities.
|
| 13. PROPRIETARY AND INTELLECTUAL
PROPERTY RIGHTS: |
| |
|
| 13.1. |
TOML is the owner and/or authorized user
of any trademark, registered trademark and/or service
mark appearing on the Website, and is the copyright owner
or licensee of the content and/or information on the Website
including but not limited to any text, images, illustrations,
audio clips, video clips and screens appearing on the
Website. All rights on the Website are reserved and you
may not download and/or save a copy of the Website or
any part thereof including any of the screens or part
thereof and/or reproduce, store it in a retrieval system
or transmit it in any form or by any means - electronic,
electrostatic, magnetic tape, mechanical printing, photocopying,
recording or otherwise including the right of translation
in any language without the express permission of TOML
(except as otherwise provided on the Website or in the
Terms and Conditions for any purpose) or use it in any
manner that is likely to cause confusion or deception
among persons or in any manner disparages or discredits
TOML or Alliance Partners or Service Providers,. However,
you may print a copy of the information on this Site for
your personal use or records. This Site is for your personal
use. If you make other use of this Site, except as otherwise
provided above, you may violate copyright and other laws
of India and other countries, and may be subject to penalties.
TOML, the Alliance Partners and/or the Service Providers
do not grant any license or other authorization or user
of its trademarks, registered trademarks, service marks,
or other copyrightable material or other intellectual
property by placing them on the Website.
|
| 14. AUTHORITY TO TOML: |
| |
|
| |
You irrevocably and unconditionally authorise
TOML to access all information relating to you (including
personal information and information relating to access
and use of the Website and Facilities by you and the transactions
entered into by you). Subject to the Privacy Statement,
all information submitted on or via the Website shall
be deemed to be and remain the property of TOML and the
Affiliate Partners and Service Providers; and TOML, the
Affiliate Partners and Service Providers shall be free
to use, for any purpose, any ideas, concepts, know-how
or techniques contained in any information you may provide
to or through the Website. TOML, the Affiliate Partners
and Service Providers shall not be subject to any obligations
of confidentiality regarding submitted information except
as otherwise expressly agreed by it directly with you.
TOML shall be deemed to acquire from you a non-exclusive,
world-wide, perceptual, irrevocable, royalty free licence
to use, adapt, reproduce, modify, publish, translate,
create derivative works from, distribute, perform or display
any ideas, concepts, know-how or techniques contained
in any information provided by you to or through the Website.
|
| 15. NO AGENCY: |
| |
|
| |
The Terms and Conditions and your use of
or access to the Website or any Facilities are not intended
to create an agency, partnership, joint-venture or employer-employee
relationship between you and the Website, TOML, any Alliance
Partner or Service Provider, except where otherwise specifically
agreed or appointed.
|
| 16. NO OBLIGATION FOR MAINTENANCE:
|
| |
|
| |
TOML has no obligation to monitor the functioning
of the Website. However, you acknowledge and agree that
TOML has the right to monitor the functioning of the Website
electronically or otherwise from time to time and to disclose
any information as necessary or appropriate to satisfy
any law, regulation or other governmental request, to
operate the Website properly or to protect itself or its
Service Providers, Alliance Partners, Visitors, Users
or Customers. TOML will not intentionally monitor or disclose
any private electronic-mail message to any third party
unless required by law. TOML reserves the right to refuse
to post or to remove any information or materials, in
whole or in part, that, in its sole discretion, are unacceptable,
undesirable, inappropriate or in violation of the Terms
and Conditions.
|
| 17. INDEMNITY: |
| |
|
| |
You agree to defend, indemnify and hold
TOML, its directors, officers, employees, Affiliates Partners,
and Content and Service Providers harmless from any and
all claims, liabilities, damages, costs, expenses and
proceedings, including reasonable attorneys' fees, arising
in any way from your use of the Website or the placement
or transmission of any message, information, software
or other materials through the Website by you or users
of your ID and password or related to any violation of
the Terms and Conditions by you or users of your of your
ID and password, and any claims dispute or differences
between you and any Supplier.
|
| 18. TERMINATION: |
| |
|
| |
Termination by TOML/Website - |
| 18.1. |
You acknowledge and agree that TOML may,
without notice, suspend or terminate your ID, password
or account or deny you access to all or part of the Website
or any Facilities without prior notice if you engage in
any conduct or activities that TOML in its sole discretion
believes violate any of the Terms and Conditions, violate
the rights of TOML, or is otherwise inappropriate for
continued access, or IF TOML learns of your death, bankruptcy
or lack of legal capacity or of circumstances which impact
your credit worthiness (which shall be determined at the
sole discretion of TOML) or for any other reason which
TOML thinks fit and proper.
|
| 18.2. |
You acknowledge and agree that TOML may
in its sole discretion deny you access through TOML to
any materials stored on the Internet, or to access third
party services, Facilities, merchandise or information
on the Internet through the Website, and TOML shall have
no responsibility to notify you or third-party providers
of Facilities, services, merchandise or information nor
any responsibility for any consequences resulting from lack
of notification.
|
| |
Termination by You - |
| 18.3. |
You may request for termination of this
Facility at any time by giving a written notice of at
least 15 days to TOML. The termination shall take effect
on the completion of the fifteenth day from the date of
receipt of the notice by TOML. Provided however that you
will remain responsible for any transactions entered into
by you and all obligations incurred by you until the time
of such termination.
|
| 19. GOVERNING LAW & JURISDICTION: |
| |
|
| 19.1. |
The Website, the Terms and Conditions,
all transactions entered into on or through the Website
and the relationship between you and TOML shall be governed
by and construed in accordance with the laws of India
and no other nation, without regard to the laws relating
to conflicts of law.
|
| 19.2. |
Transactions shall be subject to all applicable
laws including notifications, rules, bye-laws, regulations,
procedures and guidelines issued by the Government, the
Securities & Exchange Board of India ("SEBI"), the
Reserve Bank of India, the concerned depository, the Securities
Contracts (Regulation) Act, 1956 and the rules thereunder,
the stock exchanges and other authorities.
|
| 19.3. |
You and TOML agree that all claims, differences
and disputes arising under or in connection with or pursuant
to the Website, the Terms and Conditions, any transactions
entered into on or through the Website or the relationship
between you and TOML shall be subject to the exclusive
jurisdiction of the competent courts located in the city
of Mumbai, Maharashtra, India and you hereby accede to
and accept the jurisdiction of such courts. Provided that,
notwithstanding what is stated above, if TOML so thinks
fit TOML may institute proceedings against you in any
other court or tribunal having jurisdiction.
|
| 19.4. |
TOML accepts no liability whatsoever, direct
or indirect for non-compliance with the laws of any country
other than that of India. The mere fact that the Website
can be accessed or used or any facility can be availed
of in a country other than India would not mean that the
laws of such country would be applicable.
|
| 19.5. |
Subject to the other Terms and Conditions
and applicable law, the Website and the Facilities are
offered both to residents of India and to non-residents.
Provided however, that the Facilities are not available
to foreign residents including non-resident Indians ("NRI's")
in foreign jurisdictions where the Website or Facilities
cannot be offered without prior legal or regulatory compliance.
It shall be the sole responsibility of foreign residents
including NRIs in foreign jurisdictions to verify whether
the Website and the Facilities can be accessed and utilised
in their respective jurisdictions. The Facilities do not
constitute an offer or a solicitation of an offer to sell,
buy, provide or procure any shares, securities or other
instruments, products or services to or from any person
in any jurisdiction where it is unlawful to make such
an offer or solicitation. The Website and/or Facilities
or services which are part of the Facility are not intended
to be in any form of an investment advertisement, investment
guidance or investment information and has not been registered
under any securities law of any jurisdiction, Indian or
foreign, and is only for the information of any person
in any jurisdiction where it may be lawful to offer such
a service. Further, no information on the Website is to
be construed as a representation with respect to shares,
securities or other investments, regarding the legality
of an investment therein under the respective applicable
investment or similar laws or the laws or regulations
of any person or entity accessing this Website.
|
| 20. NO WAIVER: |
| |
|
| |
The failure or delay of TOML to exercise
or enforce any right or provision of the Terms and Conditions
shall not constitute a waiver of such right or provision.
No waiver on the part of TOML shall be valid unless it
is in writing signed by or on behalf of TOML. A waiver
of any right or provision by TOML on a particular occasion
shall not prevent TOML from enforcing such right or provision
on a subsequent occasion.
|
| 21. SEVERABILITY: |
| |
|
| |
If any provision of the Terms and Conditions
shall be held to be invalid or unenforceable by reason
of any law or any rule, order, judgement, decree, award
or decision of any court, tribunal or regulatory or self-regulatory
agency or body, such invalidity or unenforceability shall
attach only to such provision or condition, and you, TOML,
the court, tribunal or regulatory or self-regulatory agency
or body should endeavour to give effect to the parties'
intentions as reflected in the provision to the extent
possible,. The validity of the remaining provisions and
conditions shall not be affected thereby and these Terms
shall be carried out as if any such invalid or unenforceable
provision or condition was not contained herein.
|
| 22. LIMITATION: |
| |
|
| |
Notwithstanding any statute or law to the
contrary, but to the extent permitted by law, any claim
or cause of action arising out of or related to access
or use of the Website or any Facility or the Terms and
Conditions must be filed within three (3) months after
such claim or cause of action arose failing which it shall
be forever barred.
|
| 23. NOTICES: |
| |
|
| 23.1. |
TOML may give notice to you by e-mail,
letter, telephone or any other means as TOML may deem
fit to the address last given by you. Notices under the
Terms and Conditions may be given to TOML by you in writing
by delivering them by hand or by sending them by post
to TOML's address mentioned on the Website. TOML may,
but shall not be bound to, act upon notices and instructions
given by you to TOML by e-mail, letter, telephone or any
other means as TOML may deem fit.
|
| 23.2. |
In addition, TOML may (but shall not be
bound to) also publish notices of general nature, which
are applicable to all Visitors, Registered Users or Customers
in a newspaper circulating in India or on its Website.
Such notices will have the same effect as a notice served
individually to each Visitor, Registered User or Customer
(including you).
|
| 23.3. |
Documents which may be sent by electronic
communication between the parties may be in the form of
an electronic mail, an electronic mail attachment, or
in the form of an available download from the Website
TOML shall be deemed to have duly communicated and delivered
any communication or document to you if such communication
or document is sent via electronic mail (e-mail) to the
e-mail address provided by you to TOML. TOML shall also
be entitled to act on the basis of any instructions received
or purported to be received by TOML from you by e-mail
or other electronic means or via the internet. TOML shall
also be entitled (but not bound) to act upon fax instructions
and communications.
|
| 24. MISCELLANEOUS: |
| |
|
| 24.1. |
The clause headings in the Terms and Conditions
are only for convenience and do not affect the meaning
of any provision and shall not be taken into account in
interpreting or limiting the scope of the provisions of
the Terms and the Conditions.
|
| 24.2. |
TOML may sub-contract or employ agents to
carry out any functions or services relating to the Website
or any of its obligations under the Terms and Conditions.
|
| 24.3. |
TOML may from time to time send by e-mail
or otherwise, information relating to products and services
offered by it or the Alliance Partners or any other entities,
the Facilities, general information related to financial
and other services, advertisements of various products
and services etc. to you.
|
| 24.4. |
You must at your own cost: (a) provide for
your own access to the World Wide Web and pay any service
fees, telephone charges and online service usage associated
with such access, and (b) provide all equipment necessary
for you to make such connection to the World Wide Web,
including a computer and modem.
|
| 24.5. |
In the case of joint accounts which are
held by you along with one or more others, each account
holder may not be authorised to act independently. For
the joint accounts, you must be the first joint account
holder and the Customer ID and the Customer Password may
be issued only to you. The other joint account holders
shall be deemed to have given his/her/their consent to
such arrangement. All correspondence will be addressed
to you as the first joint account holder only. All the
Terms and Conditions and all transactions arising in the
joint accounts from the use of any Facility shall be binding
on all the joint account holders, jointly and severally.
|
| 24.6. |
The content presented at the Website may
vary depending upon your browser limitations.
|
| 25. Terms for General Insurance TimesofMoney Limited and on Remit2India |
| |
|
| 25.1 |
Definitions In this document the following words and phrases have the meanings set opposite them unless the context indicates otherwise.ICICI Lombard means ICICI Lombard General Insurance Company Limited, a company incorporated under the Companies Act, 1956 and licensed under and in terms of the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999 to carry out the business of general insurance and having its registered office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051. The term shall include the successors and/or assigns of ICICI Lombard.
Policy means the various general insurance policies that ICICI Lombard may introduce from time to time.
PolicyHolder means a person who purchases a Policy from ICICI Lombard.
You/Your means the Visitor or Customer, as may be applicable.
|
| 25.2 |
Terms of Usage of the site with reference to the visitor:
Consulting Services The availability of the information and guidance as part the Web Site does not constitute a recommendation by TimesofMoney Limited and Remit2india, to buy any policies etc. discussed therein by TimesofMoney Limited and Remit2india or any of their personnel. Any decisions will be based solely on the Visitor's own evaluation of the policies / products of ICICI Lombard, and his/her need for the same. While adequate care would be taken to ensure completeness, accuracy etc of the information/services provided, neither TimesofMoney Limited and Remit2india nor any of their personnel shall in any circumstance be liable for any loss or damage caused by a Visitor's reliance on information obtained through the Web Site. It is the sole responsibility of the Visitor to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site and the Visitor should consult his/its own legal counsel, business Advisor and tax Advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given.
|
| 25.3 |
Other Terms
|
| 25.3.1 |
ICICI Lombard has hired online space on the website of Remit2india for selling its products online. Remit2india is only the marketing partner of ICICI Lombard for this online shop.
|
| 25.3.2 |
Any visitor on the site can view product features, claims procedure and use the online premium calculator. ICICI Lombard solely provides the content in these sections and TimesofMoney Limited and Remit2india is in no way responsible for such content.
|
| 25.3.3 |
Only registered users of TimesofMoney Limited and Remit2india can buy an insurance policy on TimesofMoney Limited and R2I.
|
| 25.3.4 |
Clicking on the 'Buy Now' link will direct the customer to ICICI Lombard site. At this point customer will be leaving TimesofMoney Limited and remit2india.com and entering website operated by ICICI Lombard. Such links are provided only for the convenience of the Client and TimesofMoney Limited and Remit2india does not control or endorse such websites, and is not responsible for their contents. The use of such website is also subject to the terms of use and other terms and guidelines, if any, contained within each such website. In the event that any of the terms contained herein conflict with the terms of use or other terms and guidelines contained within any such website, then the terms of use and other terms and guidelines for such website shall prevail.
|
| 25.3.5 |
A customer has to login to TimesofMoney Limited and Remit2india with his TimesofMoney Limited and Remit2india login id and password for buying a policy, viewing policy details and printing the policy copy.
|
| 25.3.6 |
The customer can fill up the proposal form of ICICI Lombard on its site only through TimesofMoney Limited and Remit2india login.
|
| 25.3.7 |
ICICI Lombard would prepare the proposal form. Customer will have to submit the declarations needed in the proposal form to ICICI Lombard.
|
| 25.3.8 |
The information collected in the proposal form will be the property of ICICI Lombard. TimesofMoney Limited and Remit2india will have no access to such information.
|
| 25.3.9 |
ICICI Lombard will have the choice of accepting/rejecting the proposal. ICICI Lombard will intimate TimesofMoney Limited and Remit2india and the customer for any rejections.
|
| 25.3.10 |
TimesofMoney Limited and Remit2india will have no role in the acceptance or rejection of a proposal. ICICI Lombard will have the sole discretion to accept or reject a proposal.
|
| 25.3.11 |
ICICI Lombard will be solely responsible for issuing the policy, dispatching it to the beneficiary in India and conducting a medical check-up whenever necessary.
|
| 25.3.12 |
TimesofMoney Limited and Remit2india will only be responsible for collecting the premium payment from the client in case the customer chooses to pay his premium through TimesofMoney Limited and Remit2india. TimesofMoney Limited and Remit2india will also be responsible for passing on the premium amount collected from the customer to ICICI Lombard. However at no point of time will TimesofMoney Limited and Remit2india hold the money in its name.
|
| 25.3.13 |
Claims registration and processing will be the sole responsibility of ICICI Lombard.TimesofMoney Limited and Remit2india will only be responsible for passing on claims intimations received from customers at its call center to ICICI Lombard.
|
| 25.3.14 |
TimesofMoney Limited and Remit2india's call center will only take down policy cancellation, policy endorsement and policy extension requests from the customer. ICICI Lombard will have the responsibility to cancel the policy, pass an endorsement on the policy and extend the policy.
|
| 25.3.15 |
In case of a policy cancellation, ICICI Lombard will have the sole responsibility to refund the premium to the client's beneficiary in India.
|
| 25.3.16 |
TimesofMoney Limited and Remit2india will not be responsible for any of the products and services offered by ICICI Lombard on TimesofMoney Limited and Remit2india's website.
|
| 26. Terms for NRE Transfers on Remit2India |
| |
|
|
26.1.
|
NRE Transfers Exchange Rates will be applied only if:
- It is to your own personal and valid NRE Account in India.
- Your NRE Account Bank is in the "Select Bank" drop down on Remit2India.
- For amount greater than USD 10000 or GBP 10000, your KYC (Know Your Customer) details have been verified & approved by TOML.
- Remitter name as registered with Remit2India & the name of the beneficiary holding the NRE account exactly match.
- NRE Account details in India are correctly entered on Remit2India.
- Delivery mode chosen for the transfer is "Account Credit".
- Payment option is NRE-ACH or NRE-CIP or NRE-WIRE from originating country.
(ACH - Automated Clearing House, CIP -Customer Initiated Payment)
|
| 26.2. |
Currently NRE Transfers service is available only from United States & United Kingdom, however if you wish to transfer money into your NRE Account in India from any other country, you can transact through "Money Transfer" tab on Remit2India website.
|
| 27 |
As per the new SEBI guidelines, all purchases of Mutual Funds have to be supported by a copy of the your PAN Card. If you have not submitted a copy of your PAN Card to TimesofMoney, please do so now. We will not be able to process your purchase request without the same.
|
Special offers & Promotions
From time to time, TOML runs special offers and promotions at its discretion. Customers can avail of the same subject to certain conditions:
Scope: TOML will decide on the geographies and/or currencies for which the offer is valid
Tenure:The tenure of the offer would be for a limited period and the same would be at the discretion of TOML
Multiple Offers: If, at any point of time, there is more than one offer running at a time, only one can be availed of.
Reward Points:Customers would not be entitled to reward points while availing of any of the offers.
Additional Terms: Some offers may include additional terms specific to the offer. The same would be available in the Additional Terms section.
|
The conditions stated in these
Terms and Conditions are in addition to the other terms
and conditions stated elsewhere in the Website. In particular,
and without prejudice to the above, these Terms and Conditions
are in addition to the terms, conditions, procedures and
agreements applicable in respect of each Facility which
are stated at the appropriate places in respect of each
Facility or in the agreements to be entered into between
TOML and you / the concerned parties in respect of each
Facility.
|
| BY ACCESSING AND / OR USING
THIS WEBSITE OR PORTION / PAGE THEREOF AND / OR ANY FACILITIES
YOU AGREE TO THE TERMS AND CONDITIONS. |
Home |
|