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| 1. Terms and Conditions of the website: |
| 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 4th floor Times Tower, Lower Parel, Mumbai-400013, 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, do not access or use this Website or any pages thereof
and 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: |
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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
"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, has enabled 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 ( or autogenerated, as the
case may be) 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).
"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.
"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 ( or
autogenerated, as the case may be) 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, www.remit2india.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.
"Bank"
means our banking partner Citibank N.A. and/or any other banking
partner as decided from time to time with respect to the Facilities
provided through the Website.
"Business day" means any day that
is not a Saturday, Sunday or bank or public holiday in the place where
the visitor visits the website or the Receiver receives the
payment.."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. |
2.2.
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Interpretation of 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: |
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| 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 and/ or any Alliance Partner. From time to time and
in its discretion, TOML or any Alliance Partner shall have the right to
introduce new information and Facilities and to add, 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 is 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: |
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| 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.
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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 other 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 OTHER 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: |
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| 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 maintain and update this information from time to time and 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 (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.
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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 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: |
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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 under the applicable
jurisdiction or not permitted by the Terms and Conditions;
- modify, copy, distribute, reproduce, transmit, display, perform,
publish, upload, post, license, 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; the Website being copyrighted under the relevant laws;
- post
or transmit any unlawful, fraudulent, libelous, 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,
malware, bot or any other component or script that may be harmful to
the Websites, TOML and/ or any of the Alliance Partners. ;
- 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);
- attempt to decompile or reverse engineer any of the software, script,
codes or other information available on or through 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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| 6.4. |
It is hereby clearly specified that this Agreement is between Remit2India and Remitter and beneficiary shall not have any right whatsoever against Remit2India. Remit2India will communicate with the Remitter and shall not be liable to revert to any query of the beneficiary. The Remitter hereby agrees to keep Remit2India indemnified and harmless against any action of the beneficiary against Remit2India.
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| 7. OTHER TERMS: |
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| 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.
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| 7.1. |
TOML
shall not be under any duty to assess any instruction or transaction
given or entered into by you on and/or throught the Website for any
prudence or propriety or otherwise.
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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 verify any
information provided by you and in cases where you need to specifically
authorize TOML and its alliance partners to verify any information, you
hereby authorise TOML and the Alliance Partners to verify any such
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,
and/or 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 and/or decrypted and/or accessed by others. 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/or subsequently used by such third parties..
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| 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
rewardpoints for free transactions is subject to special conditions
which may vary on the mode of remittance other factors, if any.
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| 7.7. |
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.
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| 7.8. |
TOML
will ask credit reference agency to perform your identification check.
This will involve asking you certain questions and checking your
answers against your credit file.
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| 7.9. |
You
agree that we may use Personal information provided by you in order to
conduct appropriate anti fraud checks. Personal Information that you
provide may be disclosed to a credit reference or fraud prevention
agency, which may keep a record of that information.
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| 8. DISCLAIMERS: |
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| 8.1. |
TOML
OPERATES AND OFFERS THE WEBSITE STRICTLY ON A NO-LIABILITY BASIS AND
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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| 8.2. |
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.
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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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| 8.3. |
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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| 8.4. |
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 TOML nor 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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| 8.5. |
TOML
does not warrant or make 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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| 8.6. |
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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| 8.7. |
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.
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| 8.8. |
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 for the Facilities,
products or services that you have ordered or availed of on or through
the Website.
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| 8.9. |
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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| 8.10. |
TOML shall not be responsible for your inability to access the Website or any use or misuse of the Website.
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| 8.11. |
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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| 8.12. |
TOML
shall not be responsible for any unauthorised interception of e-mail to
or from you or TOML. or any other Alliance Partner or Service Provider
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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
mutatis 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.
|
| 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 or through 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 other facilities are provided. TOML shall not
be responsible or liable with regard to any such facilities available
on such linked 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) |
Transfer Fees (USD) |
| 50 - 500 |
3 |
| 501 - 1000 |
5 |
| 1001 - 10000 |
9* |
| 10001 - 25000 |
15* |
| 25001 - 50000 |
20* |
| 50001 - 200000 |
25* |
| Amount (GBP) |
Transfer Fees (GBP) |
| 50 - 700 |
3 |
| 701+ |
5* |
| Amount (CAD) |
Transfer Fees (CAD) |
| 50 - 1000 |
15 |
| 1001 - 1500 |
15 |
| 1501 - 7500 |
15 |
| 7501 - 10000 |
15 |
| 10001 - 200000 |
15 |
| Amount (EURO) |
Transfer Fees (EURO) |
| 50 - 500 |
2 |
| 501 - 1000 |
3 |
| 1001 - 5000 |
5 |
| 5001 - 7500 |
5 |
| Amount (AED) |
Transfer Fees (AED) |
| 100 - 30000 |
15 |
| Amount (SGD) |
Transfer Fees (SGD) |
| 50 - 500 |
6 |
| 501 - 2000 |
6 |
| 2001 - 5000 |
6 |
| 5001 - 10000 |
0 |
| Amount (AUD) |
Transfer Fees (AUD) |
| 50 - 500 |
6 |
| 501+ |
12* |
| Amount (HKD) |
Transfer Fees (HKD) |
| 50-15000 |
30 |
| Amount (JPY) |
Transfer Fees (JPY) |
| 10000 - 500000 |
1000 Yen |
|
| *Special Limited Period Offer: All transaction fees waived, so your family gets more! |
| |
| 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. The additional amount would not mean any amount over
and above the Remittance Amount but shall mean addition of an amount
equal to the charges that are otherwise levied /applicable on the
transaction done by the Remitter in the amount to be transferred to the
Beneficiary. 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, the charges
levied are USD 9, which means the effective amount to be remitted to
the Beneficiary is USD 1191. However, as a promotional offer, an Indian
Rupee equivalent of USD 9 will be added to the final beneficiary amount
i.e. Final Amount to be remitted to Beneficiary = Rupee Equivalent of
USD 1191 + Rupee Equivalent of USD 9).
|
| Back to Top |
| 9. TERMS OF SUPPLY OF FACILITIES - GENERAL: |
| |
|
| 9.1. |
The Website primarily facilitates 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 agree 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 your information only and it 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, service or product
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. |
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.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. |
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. It is your
responsibility to ensure that your use of this Website and the
facilities is legal in your jurisdiction.
|
| 9.9. |
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.
|
| 9.10. |
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.
|
| 9.11. |
TOML shall endeavour to carry out the requests received under the Facilities. However, TOML shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of a Customer's instructions or requests without assigning any reason.
|
| Back to Top |
| 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
on-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.
Remittance Facility -
This
Section is an Agreement in itself and is in addition to the Terms &
Conditions as stated in other sections and deals with the Remittance
Facility only. It is governed by separate set of laws different from
the other Terms and Conditions.
This section affects your rights
and you should read it carefully. By accessing and using the remittance
facility, you accept and agree to this section.
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, 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
hat 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 20. 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 f 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.
- 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.
- Donations (Charity / Temple Trusts) - Payment to an association having a definite cultural, economic, educational, religious or social programme, which has obtained the prior permission of the Central Government or gets itself registered with the Central Government under the applicable laws of India. The Funds can be remitted to the bank account, as may be specified in the approval given by the Central Government only. You agree to keep TimesofMoney Limited indemnified and harmless for any violation in this regard on your part or the charitable institutions part.
- Grants (Govt. / Govt sponsored institutions) - Payments to Government or Government sponsored institutions, only if such institutions have obtained appropriate permissions to receive foreign contributions under the applicable laws in India.
You hereby undertake that by sending funds to India, you are not violating any exchange control laws stipulated by the Government of India and/or the Reserve Bank of India or laws of the Country from where the funds are being remitted.
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 "Check Transfers".
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 India. 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 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 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 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. . TOML/Bank shall not be liable for any error in the
proper identification of the receiver. You shall be liable for the
money remittance to unintended recipient with a seemingly valid
identification of the intended receiver.
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 account access 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 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 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. 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 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 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 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) 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. 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 (Section) 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. (Section)
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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. TOML does
not offer any shares, securities or investment advice. However, if you
use these facilities for any investments or other decisions, those 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.PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS: |
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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 (except those
which are marked otherwise)., 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 (except those which are marked
otherwise).. 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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| 13. AUTHORITY TO TOML: |
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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.
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| 14. 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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| 15. 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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| 16. 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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| 17. TERMINATION: |
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| 17.1 |
Termination by TOML/Website -
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/ Bank thinks fit and proper.
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| 17.2 |
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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| 17.3 |
Termination by You -
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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18. GOVERNING LAW & JURISDICTION:
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| 18.1 |
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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| 18.2 |
Transactions
shall be subject to all applicable laws including notifications, rules,
bye-laws, regulations, procedures and guidelines issued by the
Government and other relevant regulatory authorities
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| 18.3 |
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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| 18.4 |
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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| 18.5 |
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.
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| 19. 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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| 20. 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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| 21. 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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| 22. NOTICES: |
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| 22.1. |
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. TOML shall not be
responsivle if the electronic communication is 'bounced back'. You
agree that in such condition it shall still be considered a valid
notice.
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| 22.2. |
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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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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| 23. MISCELLANEOUS: |
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| 23.1. |
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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| 23.2. |
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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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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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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The content presented at the Website may vary depending upon your browser limitations.
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| 23.6. |
We do not entertain/solicit donations to Tirumala Tirupati Devasthanams.
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| 24. Terms for NRE Transfers on Remit2India |
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| 24.1 |
NRE Transfers Exchange Rates will be applied only if:
A. It is to your own personal and valid NRE Account in India.
B. Your NRE Account Bank is in the "Select Bank" drop down on Remit2India.
C.
For amount greater than USD 10000 or GBP 10000, your KYC (Know Your
Customer) details have been verified & approved by
TOML.
D. Remitter name as registered with Remit2India & the name of the beneficiary holding the NRE account exactly match.
E. NRE Account details in India are correctly entered on Remit2India.
F. Delivery mode chosen for the transfer is "Account Credit".
G. Payment option is NRE-ACH or NRE-CIP or NRE-WIRE from originating country.(ACH - Automated Clearing House,
CIP -Customer Initiated Payment)
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| 24.2 |
Terms of Usage of the site with reference to the visitor:
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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 beentitled to reward points while availing of any of the offers.
Additional Terms: Some offers may includeadditional terms specific to the offer. The same
would be available in the Additional Terms
section.
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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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