| 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.
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| 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.
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| 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.
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| 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).
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| 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. This includes our banking partner Citibank N.A. and/or any other banking partner as decided from time to time. 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 offered on the website,
- access one or more Customer Accounts, register a change in address, payments, payment of dues, bill payments; 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, register a change in address, payments, payment of dues, bill payments ; 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 application forms and other documents downloading facilities, remittance facilities and Alerts.
"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.
"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 www.remit2home.com and includes the pages of the Website and any applets, software and content contained in the Website.
"You" and "Your" refer to the person who accepts and agrees to the terms and conditions of this Agreement.
"Receiver" refers to the person that you designate to receive the funds from the remittance payment.
"Business day" means any day that is not a Saturday, Sunday or bank holiday for Bank.
"Payment Account" means the credit 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
"Remittance payment" means the payment of funds that you request and authorize through the Remittance Facility to process and deliver to the receiver.
"Remittance Facility" means the service whereby you may request the delivery of a remittance payment to the receiver in the country of the receiver.
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2.2.
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Interpretation In the Terms and Conditions, unless repugnant to the context or meaning thereof, -
- reference 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.
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| 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.
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| 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.
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| 4. ELIGIBLE USERS: |
| 4.1. |
In order to access and use the Website and avail of any Facility you must be an individual of at least 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 5.4. |
You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all your IDs and passwords 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 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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).
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| 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.
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| 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.
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| 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.
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| 7. OTHER TERMS: |
| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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).
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| 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.
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| 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.
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| 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.
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| 8.9. |
TOML shall not be responsible for any inability to access the Website or any use or misuse of the Website.
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| 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.
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| 8.11. |
TOML shall not be responsible for any unauthorised interception of e-mail to or from you or TOML.
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| 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.
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| 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.
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| 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.
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| 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.
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| 8.16. |
The charges for using the remittance facility from various counties are as given in the TRANSFER FEES link on the website. You can check the site or contact your relationship manager to get the actual rates at the time of booking.
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| 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 receiver include an additional amount as per the promotional offer. Irrespective of which currency the promotion is offered in, the additional amount to the receiver will be paid in the currency of the receiver country. (E.g. If you are sending USD 1200 from USA today to Sri Lanka, Sri Lankan Rupee equivalent of USD 9 will be added to the final receiver amount)
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 10. TERMS OF SPECIFIC FACILITIES: |
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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.
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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.
Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of this Facility, this Facility (remit2home Facility), on it being made available, enables you to remit originating currency to an account in another country after conversion into the currency as required by the Customer. Remit2home Facility is a technology platform for a facility which enables remitting funds from one country to another country. Fund transfer for the facility is offered by TOML in association with "Alliance Partner" TOML 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 Receiver currency and remitting it to the receiver 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 amount that the receiver 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 another currency, 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 another country 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 the receiver country as 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 / 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 charge of USD 10. In the event the above is learnt by TOML or Bank after the recipient of the remittance has encashed the DD or otherwise received the remittance, you the Customer will be liable to reimburse TOML and/or Bank of the amount remitted and any other charges and costs incurred by TOML and/or the Bank. You agree to pay to TOML and/or 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 TOML / 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 TOML'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. If selecting "Others" as an option, please specify in as many words the purpose of remittances in the space provided..
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 TOMLýs ability.
Additional service charge can be levied by TOML as per discretion of its management from time to time.
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.
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
A. Definitions in this Agreement.
This terms and conditions apply 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.
B. Scope of Agreement.
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 TOML / Bank to request a credit report on you and to obtain information from other third parties and financial institutions regarding you, the receiver, 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. TOML / 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 receiver located in another country The Remittance Facility may only be used to send remittance payments to a receiver located in any permissible receiver 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 receiver as described below.
Use of the Remittance Facility does not establish a checking account or any other form of a bank account for you or the receiver. The Remittance Facility does not constitute or create a fiduciary or escrow capacity between you and TOML or it's 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 TOML / Bank to charge your Payment Account for the amount of the requested remittance payment and any service fees. You understand and acknowledge that TOML / 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 on this Website
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, TOML / 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 receiver(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 TOML / 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 receiver in the country of the receiver. Payment will be made by means of cheque, 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 currently, and TOML reserves right to change payment method options. TOML / Bank also reserves right to select form of payment to receiver. 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 receiver 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 TOML / Bank's option.
TOML / Bank reserves the right to establish identification and verification requirements for a receiver to receive the funds from a remittance payment. TOML / Bank may rely, without further investigation, upon identification information or documentation provided by you or a receiver, including any code or identifier number of the remittance payment, when making a payment of funds to the receiver.
K. Currency of Remittance
Payment.
Remittance payments to beneficiaries are generally made in currency of the country within which the receiver is located. If permitted by applicable law and the Remittance Facility, a remittance payment may be requested in other foreign currency also
If conversion is required, Bank and/or TOML-designated service providers will convert the respective originating currency 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 receiver receives may be reduced by charges imposed by TOML and/or 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 or any other applicable law in the country of the remitter and applicable law in the country of the receiver. 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 your country, 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 TOML or Bank may request from time to time regarding your identity or the identity of the receiver in order for TOML / Bank to comply with any applicable laws, including anti-money laundering laws. TOML / Bank may provide information regarding you, the receiver and your use of the Remittance Facility to government authorities.
M. Rejection of Remittance Payment Request.
TOML / 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, TOML / Bank may suspend, delay or reject your remittance payment request: (a) if the 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 receiver 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 TOML / 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 respective originating currency 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.
O. Delays or Non-Execution of Remittance Payment Request.
You agree that TOML / Bank shall not be responsible for any delay, failure to execute, or mis-execution of your remittance payment request due to circumstances beyond TOML / 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 TOML / 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. TOML / 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 is under no obligation to process or honor such a request.
If TOML/ Bank is not able to process the remittance due to incorrect account number or insufficient details, then after 60 days from the date of remittance, TOML would return the funds to the remitter.
In the event 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 determines 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.
TOML / Bank will use commercially reasonable efforts to complete the remittance payment to the receiver pursuant to your instructions. If remittance payment is delayed or erroneously executed as a result of TOML / Bank's error or negligence, TOML / 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 TOML / 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 TOML / Bank's liability ever exceed the amount of the remittance payment. The foregoing shall constitute TOML / Bank's entire liability and your exclusive remedy.
R. Indemnity.
In consideration of the agreement by TOML/Bank to provide you with the Remittance Facility, you agree to indemnify and hold TOML / 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) TOML / Bank acting upon your request for a remittance payment pursuant to this Agreement.
S. Arbitration of Disputes.
You understand and agree that TOML / Bank may require any dispute arising from your use of the Remittance Facility be resolved by binding arbitration. TOML / 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 understand and agree that TOML / Bank may require any dispute arising from your use of the Remittance Facility be resolved by binding arbitration. TOML / Bank may designate an arbitrator or arbitration panel located in New York, New York. Decisions of any arbitration process shall be binding on you.
U. Electronic Communications
In order to use the Remittance Facility, you consent to receive and accept this Agreement, any amendment to these terms and conditions, and all notices relating to the Remittance Facility by means of electronic (email and website posting) communications. In the event any change to these terms and conditions 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 terms and conditions 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, TOML 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 TOML with respect the remittance payment requested through the Remittance Facility. In the event of a conflict, the official records of TOML 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.
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| 11. PROFESSIONAL ADVICE: |
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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.
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| 12. YEAR 2000 DISCLAIMER: |
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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.
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| 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.
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| 14. AUTHORITY TO TOML: |
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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.
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| 15. NO AGENCY: |
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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.
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| 16. NO OBLIGATION FOR MAINTENANCE: |
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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.
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| 17. INDEMNITY: |
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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.
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| 18. TERMINATION: |
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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.
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| 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.
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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.
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| 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.
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| 19.2. |
Transactions shall be subject to all applicable laws including notifications, rules, bye-laws, regulations, procedures and guidelines issued by the Government, the Reserve Bank of India and other authorities.
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| 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.
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| 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.
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| 19.5. |
Subject to the other Terms and Conditions and applicable law, the Website and the Facilities are offered to all users. Provided however, that the Facilities are not available to foreign residents 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 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.
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| 20. NO WAIVER: |
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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.
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| 21. SEVERABILITY: |
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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.
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| 22. LIMITATION: |
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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.
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| 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.
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| 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).
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 24.6. |
The content presented at the Website may vary depending upon your browser limitations.
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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.
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BY ACCESSING AND / OR USING THIS WEBSITE OR PORTION
/ PAGE THEREOF AND / OR ANY FACILITIES,
YOU AGREE TO THE TERMS AND CONDITIONS. |
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