Times of Money

Sunday, Jul 5, 2009

TERMS & CONDITIONS

1.1.

TimesofMoney.Ltd ("TOML"), is a limited liability company incorporated in India under the Companies Act, 1956. TOML presently has its registered office at 1st Floor, Times Of India Building, Dr. D.N Road, Fort, Mumbai 400 001, India. TOML owns and maintains the Website and offers you access to and use of the Website and the opportunity to avail of the Facilities, products and services displayed or offered on the Website on and subject to the Terms and Conditions set out below and elsewhere in the Website (hereinafter referred to as "the Terms and Conditions") You must accept and agree to abide by the Terms and Conditions before accessing or using the Website or availing of any of the Facilities, products or services offered on the Website.

1.2.

Please read the Terms and Conditions carefully. The access and use of the Website means that you agree to accept and abide by the Terms and Conditions. In case you do not agree to accept and abide by the Terms and Conditions, please do not access or use this Website or any pages thereof and please do not avail of any of the Facilities, products or services offered on or through the Website.

1.3.

Please note that by clicking on "SUBMIT" it will be deemed that you have read and understood the Terms and Conditions and that you agree to accept and abide by the Terms and Conditions.

1.4.

TOML may in its discretion alter, add to or delete the Terms and Conditions from time to time without any prior notice. It is your responsibility to ensure that periodically on every occasion that you access or use the Website or any Facility, product or service displayed or offered on the Website that you return to this page and review the Terms and Conditions for any alterations, additions or deletions. Unless otherwise specified by TOML all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the Site. By continuing to access or use the Website or any Facilities, products or services offered on the Website, you will be deemed to have agreed to accept and be bound by such altered, added to or deleted Terms and Conditions. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the Website or availing of any Facilities, products or services on the Website (other than those which have already been availed of by you prior to such alterations, additions or deletions).

2. DEFINITIONS AND INTERPRETATIONS:

2.1.

In these Terms and Conditions (including the Introduction above), unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder - "Alerts" means notices relating to various matters issued or to be issued by TOML to you from time to time e.g. notices of market information, reminders for bill payments, etc. "Alliance Partner" means any Person, other than TOML, who displays content or offers any Facility on the Website. Eg. : banks offering loans and other credit facilities, companies offering assistance with taxation matters, banks and companies offering credit cards, etc. "Call Centre" means the call center which may be set up by TOML or a Service Provider to assist Visitors in connection with the Website including the Facilities displayed or offered thereon and any transactions entered into or proposed to be entered into by the Visitors in respect of such Facilities. "Customer" means a Registered User who avails or seeks to avail of any Facility. "Customer Account" means one or more accounts relating to the Customer's position in respect of one or more Facilities. "Customer ID" means the user identification chosen by the Customer and registered by the Website which, along with the Customer Password, will enable the Customer to -

avail of Facilities and enter into transactions in respect of the Facilities,
access one or more Customer Accounts, download application forms for Facilities, register a change in address, change in nominee details, payments, payment of dues, bill payments, trading and make online applications; and
do such other acts as the Website may permit.

"Customer Password" means the password chosen by the Customer and registered by the Website which, along with the Customer ID, will enable the Customer to -

avail of Facilities and enter into transactions in respect of the Facilities offered on the Website,
access one or more Customer Accounts, download application forms for Facilities, register a change in address, change in nominee details, payments, payment of dues, bill payments, trading and make online applications; and
do such other acts as the Website may permit.

"Facility" means any present and future product, service or facility displayed or offered on or through the Website (whether by TOML or by any Alliance Partner) and includes loans, hire-purchase facilities, lease facilities, services and facilities for acquiring, selling and dealing in shares, units and other securities, bill payment facilities, application forms and other documents downloading facilities, insurance policies, credit cards, remittance facilities, Alerts, Portfolio Tracking facilities, Customised News and taxation advisory and assistance services. "Person" includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government. "Registered User" means any Visitor who has registered himself with the Website but who has not entered into any transactions in respect of the services and products offered on the Website. The term "Registered User" includes every Customer. "Registered User ID" means the user name that is chosen by the Registered User and registered by the Website for access to the Website. "Registered User Password" means the password that is chosen by the Registered User and registered by the Website for access to the Website. "Service Provider" means a Person, not being an Alliance Partner, who provides a service to TOML in order to enable TOML to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by TOML. "T-PIN" is an abbreviation for Personal Identification Number, and means a password which may be allotted by TOML to a Customer to enable him to perform such activities as TOML may permit over the telephone through the Call Centre or otherwise e.g. give instructions, enter into transactions, inquire about the account status, approve bill payments. "the Terms and Conditions" means the terms and conditions set out above and below and also all other terms and conditions contained elsewhere on the Website from time to time. "TOML" means TimesofMoney.Ltd, a limited liability company incorporated in India under the Companies Act, 1956, and includes its successors and assigns. "TOML's Affiliates" means any other body corporate which controls, is controlled by, or is under common control with, TOML. In this definition "control" means the direct or indirect control of 10% or more of the ownership, voting rights or equity capital of the concerned entity. "Visitor" means any person who accesses or visits the Website, whether or not such person has registered himself as a Registered User. The term "Visitor" includes every Registered User and Customer. "the Website" means the Website presently maintained by TOML at www.timesofmoney.com, and includes the pages of the Website and any applets, software and content contained in the Website.

2.2.

Interpretation In the Terms and Conditions, unless repugnant to the context or meaning thereof, -

eference to a particular gender shall be deemed to include a reference to the other genders; and
the singular shall include the plural and vice versa; and
the word "includes" should be construed as if the words "without limitation" appear thereafter.

3. WEBSITE:

3.1.

The Website primarily facilitates the display and offering of Facilities by the Alliance Partners and / or by TOML on a no-liability and no-obligation basis as regards TOML. Information and Facilities on the Website may be displayed and offered in a phased manner at the discretion of TOML. TOML or the Alliance Partner shall have the right to from time to time in its discretion, introduce new information and Facilities and add to, modify, suspend or withdraw any information or Facility or the terms thereof in whole or in part without any prior notice.

3.2.

If any of the Terms and Conditions are not acceptable to you or you disagree with any material on the Website, your sole and exclusive remedy is to discontinue using the Website.

4. ELIGIBLE USERS:

4.1.

In order to access and use the Website and avail of any Facility you must be an individual of atleast 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the Terms and Conditions and to access, use and avail of the Website and the Facilities. If you do not qualify, please do not access or use the Website or the Facility.

4.2.

Citizens and residents of countries other than India (collectively, "non-residents") shall access, use and avail of the Website and the Facilities only to the extent the domestic laws of India and such countries permit them to access, use and avail of the Website and the Facilities. All non-residents understand that by accessing, using and availing of the Website and the Facilities, they may be violating the local laws in India and/or such countries. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify TOML against any liability incurred by TOML in this regard.

5. REGISTRATION INFORMATION (IDS AND PASSWORDS) AND SECRECY:

5.1.

Only limited access to the Website is available to non-registered Visitors. Non-registered Visitors may not be permitted to avail of the Facilities. In order to obtain increased access to the Website and in order to avail of the Facilities you are required to register on the Website as a Registered User.

5.2.

You agree -

to provide true, accurate, current and complete information about yourself as prompted by the registration form on the Website, and
to from time to time maintain and update this information to keep it true, accurate, current and complete at all times.

You shall indemnify TOML for any losses caused to TOML due to any information provided by you to TOML being untrue, inaccurate, not current or incomplete in any respect, and TOML shall not be responsible for any losses sustained by you due to any information provided by you to TOML being untrue, inaccurate, not current or incomplete in any respect. If any information provided by you is untrue, inaccurate, not current or incomplete, TOML has the right to terminate your registration and refuse you access to or use of the Website or any Facilities.

5.3.

Subject to the other Terms and Conditions, upon registration as a Registered User the Website will register your Registered User ID and Registered User Password; and upon registration as a Customer the Website will register your Customer ID and Customer Password.

5.4.

You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all your IDs and passwords (which term includes T-PINs) and you will be fully and absolutely responsible and liable for all transactions and activities that occur under your ID and password including any unauthorised use or misuse of your ID and/or password. You will be responsible and liable if any third party gains access to the Website or any Facility through the use of your ID or password, and you hereby agree to indemnify TOML and hold TOML harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorised access and use. Without prejudice to the aforesaid, you agree to -

immediately notify TOML via e-mail and Registered Post AD, or through the Call Centre, of any suspected loss, theft, unauthorised usage of the ID or password, any other breach of security, or any receipt by you of confirmation of a transaction, fund or securities transfer or other activity which you did not authorise; or any inaccurate information in your account balances, securities positions or transaction history and
ensure that you logout from your account at the end of each session.

5.5.

Any transaction or activity pursuant to use of your ID or Password shall be deemed to be your transaction or activity and TOML shall have no obligation to verify the authenticity of any such transaction or activity. TOML shall not be responsible for any mistake or error made by you in keying in the transaction or activity as to the nature of the transaction / activity, with respect to any facts or figures or otherwise.

5.6.

If you forget your ID, you can send a written request to TOML at the address provided on the Website giving your date of birth and transaction details satisfactory to TOML. On TOML being satisfied of your identity (which satisfaction shall be entirely at the discretion of TOML), TOML shall send the ID to your e-mail address registered with TOML. You shall be responsible for continuing to maintain this e-mail address. TOML shall not be liable if it declines to furnish the ID by reason of it not being satisfied as to your identity.

5.7.

If you forget your password, you can send an e-mail (or such other message as TOML may specify) to TOML at the address provided on the Website giving your Customer ID and date of birth and such other information, if any, as TOML may require. On TOML being satisfied of your identity (which satisfaction shall be entirely at the discretion of TOML), TOML shall send the password to your e-mail address registered with TOML. You shall be responsible for continuing to maintain this e-mail address. TOML shall not be liable if it declines to furnish the password by reason of it not being satisfied as to your identity.

5.8.

If you forget your password, TOML may, subject to verification and satisfaction as stated above, instead of sending you your password, generate a new password for you which shall be communicated to you at the e-mail address provided by you. For your security reasons you must change this password as soon as it is received by you, and until then this password shall be deemed to be your password and you will be responsible and liable for all transactions pursuant thereto. Upon generation of the new password, TOML shall discontinue the use of the old password. However, you shall be responsible and liable for all transactions that are carried out by the use of the old Password, till the time of discontinuation of the old ID or password.

5.9.

Notwithstanding anything stated elsewhere in the Terms and Conditions, and despite correct use of your ID and password, TOML shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as TOML may deem fit.

5.10.

In the event that the certifying authorities and other infrastructure contemplated under the Information Technology Act, 2000 or any other law for the time being in force, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, TOML shall have the right to require you to communicate instructions and authorise and execute transactions and other activities by means of such secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).

6. CONDUCT OF VISTORS, REGISTERED USERS AND CUSTOMERS:

6.1.

You shall not -

restrict or inhibit any other person from accessing, using and enjoying the Website or the Facilities;
use the Website for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions;
modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, Facilities, products or services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof;
post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law;
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TOML) or engage in spamming or flooding;
post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, except as permitted by TOML or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws;
attempt to decompile or reverse engineer any of the software available on the Website.
You will not make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if you become aware of any shortcoming in the security on the Website you shall forthwith inform TOML of the same in writing.

6.2.

If the Website contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.

6.3.

You shall use any software provided on, by or through the Website only for the purposes for which it has been provided to you and for no other purpose.

7. OTHER TERMS:

7.1.

TOML shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.

7.2.

TOML shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.

7.3.

You cannot cancel any instructions once provided, save and except as specifically detailed on the Website. Additionally, when you place a request to cancel an instruction or a transaction that has been authorised by you, such cancellation is not guaranteed by TOML. Such instruction or transaction will only be cancelled if your request for cancellation is received and acted upon before the instruction or transaction has been executed.

7.4.

TOML and the Alliance Partners shall have the right to, and you hereby authorise TOML and the Alliance Partners to, verify any information provided by you.

7.5.

TOML shall endeavour to take reasonable measures, which may include encryption, to ensure that your personal information is not disclosed to any person except to TOML, Alliance Partners, Service Providers, other persons to whom the information may be provided as per TOML's Privacy Policy and other persons specified by you. However, the Internet is an open system and TOML cannot, and does not, guarantee that the personal information which you furnish will not be intercepted or accessed by others and decrypted. TOML, the Alliance Partners and Service Providers shall not be liable or responsible should any confidential or other information provided by or pertaining to you (included credit card numbers, bank account numbers, passwords, personal identification numbers, IDs, transaction details, etc.) be intercepted and subsequently used by an unintended recipient.

7.6.

REWARD POINTS: Any scheme for awarding or securing reward points or other rewards or prizes (by whatever name called) is available only to Persons who are eligible for the same under the rules of the concerned scheme and the applicable laws of India and other concerned jurisdictions. You are therefore required to verify that you are eligible before participating in any such scheme. TOML is not responsible or liable for the performance, quality or any other aspect of any rewards, prizes or items manufactured or supplied by third parties against any redemption of the points or otherwise pursuant to such scheme, and your recourse for the same will be only against the persons who have manufactured or supplied the same.Eligibility of Rewards points, awarded as per Times Of Money Policy, is exclusive. This cannot be clubbed with any existing offer, unless otherwise specified explicitly. Redemption of reward points for free transactions is subject to special conditions which may vary on the mode of remittance other factors, if any.

7.7.

Quotes, research information, historical information and other content on the Website is provided by CRISIL, Economic Times, Capital Markets and/or other persons / entities. Daily updates are subject to receipt from the respective third party data contributors. The latest quotes are subject to market fluctuations and will be subject to a delay. Market quotes and other information on the Website, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon for transactional or other purposes. Neither TOML nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken or omitted to be taken in reliance thereon. Opinions expressed in any information contained on the Website are not indication of prospective rating / grading. Any ratings awarded by the content providers, Affiliate Partners, Service Providers, the Website or TOML should not be treated as a recommendation to buy/sell/hold any Security and you shall rely exclusively on your best judgement in respect thereof. Stock quotes and mutual fund Net Asset Values ("NAVs") and news stories which are accessed may be delayed.

7.8.

For Corporate Class Customers, the Remittances in the currency of the country they are registered under will be free of charge. Remittances in any other currency, but under the same login ID, will be charged as per the terms and conditions of the Corporate Class scheme.

8. DISCLAIMERS:

8.1.

Access and use of the Website and the Facilities is entirely at your own risk. The Website, including any content or information on it, any related or linked site and all Facilities, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website are provided "as is," without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness. Specifically, TOML disclaims any and all warranties including, but not limited to -

any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, Facilities, products or services and
any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.

TOML has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with TOML. TOML does not, in any way, certify or warrant the performance, operation, content or availability of the Website or such other websites. Although TOML adopts security measures which it considers appropriate for the Website, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Website or any Customer Accounts. TOML shall not be responsible or liable if any unauthorised person hacks into or gains access to the Website, any Facility or your accounts; and you shall be liable and responsible for the same.

8.2.

This disclaimer of liability applies also to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

8.3.

The information and views contained herein are based on information available and believed to be correct to the best of our knowledge. Although due care has been exercised to verify the accuracy of the information, neither timesofmoney.com and its information suppliers assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service.

8.4.

TOML does not warrant or makes any representations regarding the use or the results of the use of any product, service and /or Facility in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Website, all site-related services and all Facilities, products and services mentioned or advertised on or accessed or availed on or through the Website.

8.5.

You acknowledge that any warranty that is provided in connection with any of the Facilities, products or services described on the Website are provided solely by the owner, advertiser, manufacturer, provider or supplier of that Facility, product or service, and not by TOML or the Website (except where TOML is expressly stated to be owner, advertiser, manufacturer, provider and supplier thereof).

8.6.

TOML operates and offers the Website strictly on a no-liability basis and TOML shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other law or theory arising out of or in connection with the Website, or any Facilities, products or services mentioned or advertised on or accessed or availed on or through the Website or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence) or resulting from the use of or inability to use, access or avail of the Website, any Facility, service or product or out of any breach of any warranty. Under no circumstances shall TOML be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by you or any other person.

8.7.

If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of TOML (or the concerned Affiliate Partner or Service Provider, as the case may be) to you shall not exceed the amount of fees paid by you to TOML (or the Affiliates Partner or Service Provider, as the case may be) for the Facilities, products or services that you have ordered or availed of on or through the Website.

8.8.

Delays in the Transactions and Non-Liability for Damages While TOML shall endeavour that your instructions and your transactions pursuant to Facilities provided by TOML are communicated, carried out and/or performed promptly, TOML does not guarantee that any instructions will definitely be communicated or carried out or that any transactions will definitely be performed; and TOML shall not be responsible for any delay in communicating, carrying out or performance of any instructions or transactions due to any reason whatsoever, including by reason of failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, software or hardware error, labour problem, strike or any other reason beyond the control of TOML.

8.9.

TOML shall not be responsible for any inability to access the Website or any use or misuse of the Website.

8.10.

Any search results displayed by or on the Website are automated and cannot be screened. Accordingly, TOML assumes no responsibility for the accuracy or otherwise of any search results or of the content of any site included in the search results or otherwise linked to the Website.

8.11.

TOML shall not be responsible for any unauthorised interception of e-mail to or from you or TOML.

8.12.

You further acknowledge that -

TOML is not a broker within the meaning of the Securities and Exchange Board Of India's SEBI (Stock Brokers And Sub-Brokers) Rules and Regulations, 1992.
The Website does not operate as a stock exchange.
TOML or the Website is not your portfolio manager, investment advisor, tax advisor or other advisor or consultant.

8.13.

To the extent possible, the disclaimers, limitations on liability and indemnities available to TOML under the Terms and Conditions shall mutates mutandis extend and be available also to the Alliance Partners and Service Providers and its / their respective directors, officers, employees, agents, successors, assigns, consultants, sponsors, affiliates, content providers and every one involved in creating, producing, delivering or managing the Website (or any part thereof) or any Facility. However this clause shall not protect the aforesaid Persons or extend to their obligations and liability to TOML or TOML's claims against them.

8.14.

A possibility exists that the Website could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions or alterations could be made by third parties to the Website. Although TOML and its Service Providers attempt to ensure the integrity of the Website, they make no guarantee whatsoever as to its sequence, timeliness, completeness, correctness or accuracy. In the event that such an inaccuracy or incompleteness arises, please inform TOML so that it can be corrected.

8.15.

Links from the Web Site -

8.15.1.

Clicking on certain portions or links within the Web Site might take you to other websites without any intimation or indication of doing or having done so. The linked Websites are not under the control of TOML and TOML assumes no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise. TOML also does not represent or warrant that these links shall operate satisfactorily. TOML provides these links only as a convenience and links to external web sites do not constitute an endorsement by TOML of such other sites, the sponsors of such sites or the content, products, advertising or other materials presented on or by such sites. TOML shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites or reliance on or availing of any content, goods or services available on such other sites.

8.15.2.

The links on the Website may take you to other sites or to other locations within the Website where the trading of securities is possible. TOML shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites, non-TOML web sites, and any other web site which may be linked to or from the TOML site.

8.16.

Find below charges for the various countries. Kindly check the site or contact your relationship manager to get the actual rates at the time of booking.

Amount (USD)	Transaction Rate (USD)
50 - 500	3
501 - 1000	5
1001 - 7500	9

Amount (GBP)	Transaction Rate (GBP)
50 - 700	5
701 - 2500	7
2501 - 5000	5

Amount (CAD)	Transaction Rate (CAD)
500 - 10000	9

Amount (EURO)	Transaction Rate (EURO)
50 - 500	2
501 - 1000	5
1001 - 5000	9
5001 - 7500	9

Amount (AED)	Transaction Rate (AED)
100 - 30000	9

Amount (SGD)	Transaction Rate (SGD)
50 - 10000	10

Amount (EURO) Germany	Transaction Rate (EURO)
50 - 500	2
501 - 1000	5
1001 - 5000	9
5001 - 7500	9

8.17.

We charge the customers as per the above rates. However from time to time we run promotions based on the amount sent by the remitter where the final amount to the beneficiary include an additional amount as per the promotional offer. Irrespective of which currency the promotion is offered in, the additional amount to the beneficiary will be paid in Indian Rupees. (E.g. If you are sending USD 1200 from USA today, Indian Rupee equivalent of USD 9 will be added to the final beneficiary amount)

9. TERMS OF SUPPLY OF FACILITIES - GENERAL:

9.1.

The Website primarily facilities the display and offering of Facilities by third parties ("Alliance Partners") and TOML on a no-liability and no-obligation basis as regards TOML. Several of the Facilities mentioned or offered on or through the Website are provided by Alliance Partners (and not by TOML) as indicated at the appropriate places on the Website. TOML has not conducted any investigation or due diligence in respect of, and makes no warranty for, the Alliance Partners or the Facilities provided by them, and TOML shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings with Alliance Partners. You may be billed for these Facilities by the Alliance Partners, and the Alliance Partners may have their own agreements, terms and conditions which will govern such Facilities provided by them. The terms and warranties relating to such Facilities may vary from Alliance Partner to Alliance Partner and Facility to Facility. You should obtain the full text of such terms and warranties from the Alliance Partners.

9.2.

Where any Facility is provided by TOML itself, it is expressly mentioned on the Website. TOML offers its Facilities strictly on a no liability basis. Accordingly, while TOML shall endeavour to offer such Facilities as per their terms, no claim shall lie against TOML, and TOML shall not be liable to you or to any Person, in the event of non-provision of any Facility or delay or omission to do any act pursuant to any Facility provided by TOML or on any other account whatsoever. You should avail of Facilities provided by TOML only if you are agreeable to the above.

9.3.

In order to avail of specific Facilities, you may have to agree to other terms and conditions in addition to the Terms and Conditions and may also have to execute agreements, powers of attorney and other writings and abide by the specified procedures.

9.4.

All your rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any Facility, if any, shall be governed by the applicable terms, policies and procedures of the concerned Alliance Partner and TOML shall not be liable or responsible for the same in any manner. You shall have no claim, rights or remedies whatsoever against TOML in respect of any Facility availed or sought to be availed by you from any Alliance Partner.

9.5.

If you wish to avail of a Facility, you may be asked by the Alliance Partner or TOML to supply certain information, including but not limited to credit or debit card or other payment mechanism information. You agree that all information you provide to any Alliance Partner or TOML will be accurate, complete and current. You agree not to hold TOML liable for any loss or damage of any sort incurred as a result of any such dealings with any Alliance Partner.

9.6.

The Alliance Partners and TOML offering any Facility set their own prices and terms and may change prices or terms or institute new prices or terms at any time. Prices and availability of Facilities displayed or offered on or through the Website are subject to change without prior notice. Nothing contained in this Website constitutes an offer, promise or commitment to grant or provide any Facility on any specific terms or otherwise and the sanction or grant of any Facility is not guaranteed and is in the absolute discretion of the Alliance Partner or TOML (as the case may be). While TOML endeavours to post accurate and updated information on the Website, you verify the same before taking any action or entering into any transaction. TOML will not be liable for any lack of availability of any Facilities you may order or seek to avail of through the Website.

9.7.

You agree to pay all charges incurred by users of your ID and password and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes, and shipping/transportation and handling charges relating to purchases through the Website.

9.8.

The records of access, instructions, transactions and other activities maintained or caused to be maintained by TOML through its or a third party's computer systems or on tape or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.

9.9.

Facilities are offered only to persons who are residents or citizens of states and countries where TOML or the concerned Alliance Partners (as the case may be) are operating and can offer and provide such Facilities. By offering Facilities on this Web Site, TOML or the concerned Alliance Partners (as the case may be) are not attempting to offer or provide facilities outside their authorized states or country.

9.10.

TOML shall try to ensure that all information that is provided on the Website with respect to the Facilities, products and services that are offered by the Suppliers and the Customised News are accurate and up to date. However, TOML does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same.

10. TERMS OF SPECIFIC FACILITIES:

The following Facilities are proposed to be offered on the Website. However all the Facilities or all the various components / features of a Facility may not be offered. The Facilities and components / features of a Facility may be introduced in a phased manner.

Alerts - TOML and/or its Service Providers shall endeavour to ensure that Alerts are communicated to you in accordance with your instructions in this regard. However, neither TOML nor the Service Providers would be responsible or liable for non-dispatch or delay in dispatch of the Alerts by TOML and/or the Service Providers or any delay in receipt or non-receipt of the Alerts for any reason whatsoever. Under no circumstances shall TOML and/or the Service Providers be liable for any costs, damages or other amount whatsoever whatsoever for such non-dispatch or delay in dispatch or any non-receipt or delay in receipt of the Alerts. Non- receipt of Alerts will not discharge or reduce your liability to pay any amount to TOML which would have been payable in the event of proper receipt of the Alerts. Bill Payment Facility - This Facility enables you to give instructions to TOML over the Internet or (as and when offered by TOML) over the telephone to TOML's Call Centre for payment of bills (e.g. telephone bills, electricity bills, mobile bills, credit card bills) which are eligible under this Facility and are chosen by you for payment, using this Facility from time to time. To enable TOML to make payment of your bills, you shall execute such documents as may be required by TOML and ensure that adequate funds are placed with TOML in advance to enable TOML to make payment of bills chosen by you. TOML presently uses the Electronic Clearing Facility of the Reserve Bank of India to debit your bank account for receiving funds from you for making payment of bills as instructed by you. You can give standing instructions to TOML for payment of all bills raised by a particular payee for instance telephone bills to be paid to MTNL and/or give specific instructions for each bill to be paid in such manner as may be required by TOML. In case of standing instructions given by you to TOML for payment of bills, TOML shall be entitled to debit your bank account for the bill amount without requiring any consent from you. It will be your responsibility to ensure that your bank account has adequate funds for making payment of the bills as instructed by you. Like every other Facility, this Facility too is being offered by TOML on a no-obligation and no-liability basis and, while TOML will endeavour to pay the concerned bills in accordance with your instructions, provided adequate funds have been placed by you with TOML, the Facility is offered on the express basis and condition that in the event of TOML not paying or delaying in paying a bill for any reason whatsoever despite you having complied with the required conditions and your account having sufficient funds, TOML will not be liable for any consequences thereof (including loss of business or profits). TOML shall be entitled to pay a bill under this Facility on the basis of the bill as is received by TOML, if any, and TOML shall not be required or obliged to verify the correctness of any bill. TOML may verify the bill amount and the payment instruction given by you and in case of discrepancy, may refuse to accept such payment instruction. Where bills are not received by TOML, it will be your responsibility to verify the amount to be paid and TOML will not in way be liable for any excess/short payment. Any excess payment by TOML by reason of excess billing will be resolved directly by you with the concerned payee and that TOML shall not in any way be made a party to or responsible/liable for such dispute. If any payment is required to be made on or by a day which is a day on which banks in general are not open for business in Mumbai or at such other place where the payment is to be made or is a day on which the Electronic Clearing Service (ECS) is not functioning, it shall be in order for TOML to make payment on the next day which is not such day. TOML shall not be obliged to issue any receipt to you for payments instructed by you. However, TOML may on specific request being made issue receipt within a reasonable period on payment of such fee, as TOML deems fit. The Bill Payment Facility shall be subject to the agreement, if any, between TOML and the Person raising the bill, ECS guidelines, and such other guidelines as may be applicable from time to time Credit, Debit and other Cards - The credit, debit and other cards displayed or offered on or through the Website are displayed or offered by banks and other entities ("issuers") and not by TOML. The terms and conditions in respect of such cards are decided by the concerned issuers and are subject to change at their discretion. The terms and conditions in respect of such cards as shown on the Website may be only indicative and the final cards may be issued on different terms and conditions. The decision whether or not to issue a card is entirely within the discretion of the concerned issuer and TOML does not make any representations or warranties as to any of the issuers nor does TOML assure or guarantee that any issuer will issue any card. All agreements, contracts, transactions, claims, disputes, differences, etc. pursuant to or in connection with any card and for use of such card shall be between the concerned issuer and you, and TOML shall not be responsible or liable for the same. Corporate Debt / Securities Auctioning Platform - Only such debt / Securities as TOML may from time to time permit may be offered and transacted under this Facility. Bids and the identity of bidders are not confidential and TOML may place the bids and the names of the bidders on the Website such that the bids and the names of the bidders can be viewed by others. All offers, bids, sales, purchases, contracts and transactions pursuant to this Facility shall be between the concerned offering corporate and the successful bidder and TOML shall not be responsible for any default or delay on the part of the offering corporate or any bidder. 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. Deposits and other Savings Schemes - Information relating to various deposit, investment or savings schemes of companies, corporates, etc. may be displayed on the Website. You may download the available application forms for such deposits and schemes and send the same to TOML along with a cheque or other acceptable payment instrument drawn directly in favour of the concerned company / corporate . TOML will in turn forward the same to the concerned company / corporate . TOML does not make any representation or warranty as to the credibility, financial standing, credit rating, net worth, payment ability or otherwise in respect of any such company, corporate and TOML will not be liable for non-payment or delay in payment of principal or interest or any other sums due or any other act or omission on the part of any company, corporate, , etc. with whom you may place any sum, and any claim, dispute or difference in respect of the same shall be between you and such company, corporate, etc. Insurance - The insurance schemes/offers that may be displayed or offered on or through the Website are offered by the concerned insurers and not by TOML. The premia, terms and conditions in respect of such insurance policies are decided by the concerned insurers and are subject to change at their discretion. The premia, terms and conditions in respect of such insurance policies as shown on the Website may be only indicative and the final insurance policy may be issued at a different premia and on different terms and conditions. The decision whether or not to issue an insurance policy is entirely within the discretion of the concerned insurer, and TOML does not make any representations or warranties as to any of the insurers nor does TOML assure or guarantee that any insurer will issue any insurance policy. All agreements, contracts, transactions, policies, claims, disputes, differences, etc. pursuant to or in connection with any insurance policy shall be between the concerned insurer and you, and TOML shall not be responsible or liable for the same. Investment Services - Investment Services includes information, views, opinions, or recommendations relating to investment given on or through the Website whether generally or on specific queries, and includes, but is not limited to calculators, investment planners such as "Retirement Planner", "Education Planner", "Marriage Planner", "Asset Allocator", "Risk Analyser" and "Personal Networth Trackers", and information, views, opinion, or recommendations relating to insurance, initial public offerings, equity, mutual funds and tax, information, and interactive sessions such as question and answer sessions and calculators for various computations including Income Tax, Public Provident Fund (PPF) withdrawals, loans, returns, prepayment premium, yield to maturity, equated monthly instalments, etc. Any and all information, data, ratings, gradings, opinions, recommendations and statements on the Website are provided on a no guarantee, no-obligation and no-liability basis. TOML does not represent or endorse the completeness, accuracy or reliability thereof. You should verify and make independent inquiries and seek independent advice in respect of all such information, data, ratings, gradings, opinions, recommendations and statements. Any reliance, act or omission (including any investment or any disinvestment decision) by you or any third party upon any such information, data, ratings, gradings, opinions, recommendations and statements shall also be at your own risk and neither TOML nor its Affiliate Partners nor Service Providers shall be liable to you for the same. All profits and losses and other consequences of any investment, disinvestment or other decisions made by you or any third party are entirely to your account and TOML shall not be liable or responsible for the same. While the Website may facilitate your making investments / disinvestments, it does not manage your investment accounts or portfolios and does not impose any conditions, such as a minimum value of assets etc. TOML, its Affiliate Partners, Service Providers and the Website accordingly do not review any such accounts or portfolios or provide any reports with respect to any such accounts. TOML does not by itself or through others review, or provide reports with respect to, any financial plans prepared by you with the assistance of the Website or any Facilities. TOML or the Website is not involved in or responsible or liable for any decisions made by you including any decisions with respect to the timing and amount of securities purchases or sales, the broker or dealer to be used for such transactions or the commission/brokerage rates to be paid. The Website or TOML do not recommend or vouch for the credibility or otherwise of or guarantee the performance of obligations by any particular broker or other intermediary. Neither the information, nor any opinion or other content contained in the Website constitutes a solicitation or offer by TOML or its owners/affiliates or the Site to buy or sell any securities, futures, options or other financial instruments or representation in respect of any attributes of such instrument. Nothing in this Website or any Materials shall be construed, implicitly or explicitly, as containing any investment recommendations. TOML is not registered under the U.S. Investment Advisers Act of 1940. Accordingly, nothing in such Website, or in such Materials, constitutes an offer of or an invitation by or on behalf of TOML to purchase or sell any of the shares or securities mentioned, nor should it be considered as investment advice. Loans and other Credit and Finance Facilities - All loans and other credit facilities which are displayed or offered on or through the Website are displayed or offered by the concerned banks, finance companies and other entities ("lenders") and not by TOML. The interest rates, tenures and other terms and conditions in respect of such Facilities are decided by the concerned lenders and are subject to change at their discretion. The interest rates, tenures and other terms and conditions in respect of such facilities as shown on the Website may be only indicative and the final facility may be granted at different interest rates, for different tenures and on different terms and conditions. The decision whether or not to sanction a Facility is entirely within the discretion of the concerned lender and TOML does not make any representations or warranties as to any of the lenders nor does TOML assure or guarantee that any lender will sanction any Facility or make any disbursement to you. All agreements, contracts, transactions, claims, disputes, differences, etc. pursuant to or in connection with any such Facility shall be between the concerned lender and you / the borrowers, and TOML shall not be responsible or liable for the same. Mutual Funds - This facility is available only to Resident Indians. Under this Facility, investments in units of mutual funds can be made by TOML on your behalf in accordance with your instructions received through the channels specified on the Website, pursuant to the power of attorney to be executed by you in favour of TOML and on providing sufficient funds for the same as mentioned on the website. TOML will also sell on your behalf and in accordance with your instructions units, which have been previously purchased by TOML on your behalf. The units will be purchased in your name. All dividend warrants, redemption and other cheques, statements, etc. will be sent to you at your last known address as communicated to TOML at the relevant time. The purchase/sale price of the units will be as per the price prevailing at the time when TOML executes your instructions to purchase/sell the units, and such price may be different from the price prevailing at the time you gave the sale/purchase instructions to TOML. TOML does not guarantee any returns, profits or sale price of any units or other securities or any performance by a mutual fund and all profits and losses and other consequences of any investment, disinvestments or other decisions made by you or any third party are entirely to your account and TOML shall not be liable or responsible for the same. It is your responsibility to read and make yourselves aware of the terms and conditions of the concerned Mutual Fund and scheme before subscribing to any Units/instructing TOML to buy/sell any units on your behalf. All Mutual Fund units purchased by you through the website are subject to investment risks, including the possible loss of principal amount invested. Portfolio Tracking - The Portfolio Tracking Facility enables you to input information with respect to equity shares and other securities and to monitor their prices etc. on the basis of the live quotes of such securities on the National Stock Exchange ("NSE") or the Bombay Stock Exchange ("BSE") which are made available to the Website and is based on networking with the live quotes system of the NSE/BSE. TOML shall not be responsible for non-availability of or any delay or error in the Portfolio Tracking service due to the corresponding non-availability, delay or error in the receipt of the live quotes or updates thereof. Under no circumstances shall TOML or any of their personnel be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the Registered User or any other person for such non-availability or any delay or error in computing or otherwise in the Portfolio Tracking Facility. Property Sales / Purchase Facility - This Facility will enable persons who desire to sell or purchase immoveable property or acquire or give immoveable property on lease, leave and license or other basis to place and obtain information in respect of such property on the Website and contact each other. TOML has not carried out any due diligence or investigation in respect of such properties or persons and TOML does not make any representation or warranty in relation to such properties, their existence or title or the credibility or integrity of any person purchasing or selling any property. Accordingly, in case of any dispute, difference or claim arising out of or in relation to any purchase/sale transaction entered into or sought to be entered into by the parties pursuant to this Facility, the same shall be between such parties and TOML shall not be liable or responsible for the same. Before proceeding with any transaction, you should make your own independent due diligence and research and should obtain independent professional advice as to the property, the title thereof, the legal aspects of the transaction and the legal documentation to be entered into in respect thereof. Remittance Facility - Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of this Facility, this Facility (�remit2india Facility�), on it being made available, enables you to remit or send foreign currency (i.e. currency which is not Indian currency) from a country outside India to an account in India after conversion into Indian Rupees. Remit2india Facility is a technology platform for a facility which enables remitting funds from outside India into India. The facility is offered by UTI Bank Limited, which is the remitting bank (�Bank�), in association with TOML by use of TOML�s web technology platform. TOML only provides the technology platform for recording remittance requests, order tracking and communication. The Bank is responsible for acting on the remittance requests, collecting money in foreign currency, converting it into INR and remitting it to the beneficiary in India as instructed by the remitter of funds i.e. you. The foreign exchange conversion rate shown for the calculation on the Website is only indicative to help you to arrive at an approximate INR amount that the beneficiary will receive. It is in no way guarantees or represents, the foreign exchange conversation rate that will actually be applied to the foreign exchange sent by you (the remitter). The Bank will be responsible for the conversion to INR, and will apply the foreign exchange conversation rates prevailing on the day of conversion, or other rates as per its discretion.

You should pay the foreign currency as per the instructions stated on the Website by cheque or draft or such other acceptable mode. Payment of the foreign currency by credit card will not be accepted. The Bank will remit of the funds into India only after it has received a confirmation that such foreign currency has been received in its account. Thereafter, after deducting the appropriate charges/fees, the money will be transmitted by the Bank to the bank account in India designated by you. If it comes to the notice of TOML or the Bank that you had insufficient funds in the account from which you requested the remittance of money or you have provided wrong details of designated bank account, TOML / the Bank may cancel the requested remittance transaction and you the Customer shall bear full liability and responsibility for the same. In addition thereto, you will bear a nominal charge of USD 10. In the event the above is learnt by TOML or the Bank after the recipient of the remittance has encashed the DD or otherwise received the remittance, you the Customer will be liable to reimburse the Bank of the amount remitted and any other charges and costs incurred by TOML and/or the Bank. You agree to pay to the Bank such amount immediately upon the Bank's or TOML's demand along with interest @ 2% per month from the date of the remittance by the Bank till the receipt of funds by the Bank from you. You also agree to pay for all costs associated with the recovery of amounts owed to the Bank, including reasonable attorney's fees and court fees. TOML and the Bank shall also be entitled to inform any credit bureau or any other person or entity if you fail to pay/reimburse such amount or any part thereof to the Bank. While it shall be the Bank's endeavour to adhere to the time schedule indicated by it on the Website, TOML or the Bank will not be responsible or liable for any changes in the time schedule for execution of your instructions or remittance / credit of funds for any reason. Nothing provided on the Website should be construed as advice of any nature and you are advised to consult professionals in this regard prior to taking any decision. Further, this Facility does not, in any way, solicit or encourage you to enter into any such transaction. TOML or the Bank shall not, under any circumstances, be responsible for any loss suffered due to any fraud or other actions of the Customer. Further, this Facility is offered subject to the applicable laws of any other country, including the country from which the funds are to be remitted, and it shall be your responsibility to ensure that these laws are adhered to. TOML accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than India would not mean that the laws of such country would be applicable. 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.

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 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
Taxation - This Facility will enable you to obtain general information relating to personal taxation, ask specific queries relating to personal taxation and tax computation, compute the tax payable by you and also assist you in filing your tax returns. This Facility is not provided by TOML but by Service Providers. TOML makes no representation or warranty as to the Service Providers'or its / their competence or qualifications and TOML is not responsible or liable for any non-performance, delay, default, negligence, acts or omissions on the part of any Service Provider or for any tax liability that may arise. In the event of any claim, dispute or difference arising between you and any Service Provider the same would be between you and the Service Providers and TOML shall not be liable or responsible for the same.

11. PROFESSIONAL ADVICE:

It is your responsibility to evaluate the completeness, currency, accuracy or usefulness of any information, opinion, guidance, recommendation, advice, document or other content available on or through or pursuant to the Website and you should consult your own counsel, business advisor, investment advisor, tax advisor or other advisor or consultant and seek independent professional advice and make independent inquiries as to the legal, business, tax and related matters concerning any Facilities, shares, securities or other instruments with respect to which any information, opinion, guidance, recommendation, advice or other content is sought or given. Any investments or other decisions will be based solely on your own evaluation of financial circumstances and investment objectives and TOML will not be liable or responsible for the same. You shall be solely and absolutely responsible for your own investments, research and investment decisions, and TOML shall not be liable for any decision made or action taken by you or others based upon reliance on information, material, advice, recommendations, opinion or views obtained on or through the Website. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information. Prior to entering into any transaction or executing any documentation or agreeing to any terms you should consult your legal, financial and other advisors.

12. YEAR 2000 DISCLAIMER:

TOML and its Service Providers make no representations or warranties, either express or implied, of any kind with respect to the Year 2000 compatibility of the Website or any Facilities offered on or through the Website. In no event shall TOML or its Service Providers be liable for special, indirect, consequential, or punitive damages relating to the Year 2000 compatibility of the Website or any Facilities.

13. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS:

13.1.

TOML is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website. All rights on the Website are reserved and you may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of TOML (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits TOML or Alliance Partners or Service Providers,. However, you may print a copy of the information on this Site for your personal use or records. This Site is for your personal use. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of India and other countries, and may be subject to penalties. TOML, the Alliance Partners and/or the Service Providers do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.

14. AUTHORITY TO TOML:

You irrevocably and unconditionally authorise TOML to access all information relating to you (including personal information and information relating to access and use of the Website and Facilities by you and the transactions entered into by you). Subject to the Privacy Statement, all information submitted on or via the Website shall be deemed to be and remain the property of TOML and the Affiliate Partners and Service Providers; and TOML, the Affiliate Partners and Service Providers shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information you may provide to or through the Website. TOML, the Affiliate Partners and Service Providers shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with you. TOML shall be deemed to acquire from you a non-exclusive, world-wide, perceptual, irrevocable, royalty free licence to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in any information provided by you to or through the Website.

15. NO AGENCY:

The Terms and Conditions and your use of or access to the Website or any Facilities are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the Website, TOML, any Alliance Partner or Service Provider, except where otherwise specifically agreed or appointed.

16. NO OBLIGATION FOR MAINTENANCE:

TOML has no obligation to monitor the functioning of the Website. However, you acknowledge and agree that TOML has the right to monitor the functioning of the Website electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly or to protect itself or its Service Providers, Alliance Partners, Visitors, Users or Customers. TOML will not intentionally monitor or disclose any private electronic-mail message to any third party unless required by law. TOML reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms and Conditions.

17. INDEMNITY:

You agree to defend, indemnify and hold TOML, its directors, officers, employees, Affiliates Partners, and Content and Service Providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences between you and any Supplier.

18. TERMINATION:

Termination by TOML/Website -

18.1.

You acknowledge and agree that TOML may, without notice, suspend or terminate your ID, password or account or deny you access to all or part of the Website or any Facilities without prior notice if you engage in any conduct or activities that TOML in its sole discretion believes violate any of the Terms and Conditions, violate the rights of TOML, or is otherwise inappropriate for continued access, or IF TOML learns of your death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness (which shall be determined at the sole discretion of TOML) or for any other reason which TOML thinks fit and proper.

18.2.

You acknowledge and agree that TOML may in its sole discretion deny you access through TOML to any materials stored on the Internet, or to access third party services, Facilities, merchandise or information on the Internet through the Website, and TOML shall have no responsibility to notify you or third-party providers of Facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Termination by You -

18.3.

You may request for termination of this Facility at any time by giving a written notice of at least 15 days to TOML. The termination shall take effect on the completion of the fifteenth day from the date of receipt of the notice by TOML. Provided however that you will remain responsible for any transactions entered into by you and all obligations incurred by you until the time of such termination.

19. GOVERNING LAW & JURISDICTION:

19.1.

The Website, the Terms and Conditions, all transactions entered into on or through the Website and the relationship between you and TOML shall be governed by and construed in accordance with the laws of India and no other nation, without regard to the laws relating to conflicts of law.

19.2.

Transactions shall be subject to all applicable laws including notifications, rules, bye-laws, regulations, procedures and guidelines issued by the Government, the Securities & Exchange Board of India ("SEBI"), the Reserve Bank of India, the concerned depository, the Securities Contracts (Regulation) Act, 1956 and the rules thereunder, the stock exchanges and other authorities.

19.3.

You and TOML agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms and Conditions, any transactions entered into on or through the Website or the relationship between you and TOML shall be subject to the exclusive jurisdiction of the competent courts located in the city of Mumbai, Maharashtra, India and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if TOML so thinks fit TOML may institute proceedings against you in any other court or tribunal having jurisdiction.

19.4.

TOML accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than India would not mean that the laws of such country would be applicable.

19.5.

Subject to the other Terms and Conditions and applicable law, the Website and the Facilities are offered both to residents of India and to non-residents. Provided however, that the Facilities are not available to foreign residents including non-resident Indians ("NRI's") in foreign jurisdictions where the Website or Facilities cannot be offered without prior legal or regulatory compliance. It shall be the sole responsibility of foreign residents including NRIs in foreign jurisdictions to verify whether the Website and the Facilities can be accessed and utilised in their respective jurisdictions. The Facilities do not constitute an offer or a solicitation of an offer to sell, buy, provide or procure any shares, securities or other instruments, products or services to or from any person in any jurisdiction where it is unlawful to make such an offer or solicitation. The Website and/or Facilities or services which are part of the Facility are not intended to be in any form of an investment advertisement, investment guidance or investment information and has not been registered under any securities law of any jurisdiction, Indian or foreign, and is only for the information of any person in any jurisdiction where it may be lawful to offer such a service. Further, no information on the Website is to be construed as a representation with respect to shares, securities or other investments, regarding the legality of an investment therein under the respective applicable investment or similar laws or the laws or regulations of any person or entity accessing this Website.

20. NO WAIVER:

The failure or delay of TOML to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of TOML shall be valid unless it is in writing signed by or on behalf of TOML. A waiver of any right or provision by TOML on a particular occasion shall not prevent TOML from enforcing such right or provision on a subsequent occasion.

21. SEVERABILITY:

If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgement, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, TOML, the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties' intentions as reflected in the provision to the extent possible,. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

22. LIMITATION:

Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Website or any Facility or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.

23. NOTICES:

23.1.

TOML may give notice to you by e-mail, letter, telephone or any other means as TOML may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to TOML by you in writing by delivering them by hand or by sending them by post to TOML's address mentioned on the Website. TOML may, but shall not be bound to, act upon notices and instructions given by you to TOML by e-mail, letter, telephone or any other means as TOML may deem fit.

23.2.

In addition, TOML may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Registered Users or Customers in a newspaper circulating in India or on its Website. Such notices will have the same effect as a notice served individually to each Visitor, Registered User or Customer (including you).

23.3.

Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website TOML shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by you to TOML. TOML shall also be entitled to act on the basis of any instructions received or purported to be received by TOML from you by e-mail or other electronic means or via the internet. TOML shall also be entitled (but not bound) to act upon fax instructions and communications.

24. MISCELLANEOUS:

24.1.

The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms and the Conditions.

24.2.

TOML may sub-contract or employ agents to carry out any functions or services relating to the Website or any of its obligations under the Terms and Conditions.

24.3.

TOML may from time to time send by e-mail or otherwise, information relating to products and services offered by it or the Alliance Partners or any other entities, the Facilities, general information related to financial and other services, advertisements of various products and services etc. to you.

24.4.

You must at your own cost: (a) provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.

24.5.

In the case of joint accounts which are held by you along with one or more others, each account holder may not be authorised to act independently. For the joint accounts, you must be the first joint account holder and the Customer ID and the Customer Password may be issued only to you. The other joint account holders shall be deemed to have given his/her/their consent to such arrangement. All correspondence will be addressed to you as the first joint account holder only. All the Terms and Conditions and all transactions arising in the joint accounts from the use of any Facility shall be binding on all the joint account holders, jointly and severally.

24.6.

The content presented at the Website may vary depending upon your browser limitations.

The conditions stated in these Terms and Conditions are in addition to the other terms and conditions stated elsewhere in the Website. In particular, and without prejudice to the above, these Terms and Conditions are in addition to the terms, conditions, procedures and agreements applicable in respect of each Facility which are stated at the appropriate places in respect of each Facility or in the agreements to be entered into between TOML and you / the concerned parties in respect of each Facility.

BY ACCESSING AND / OR USING THIS WEBSITE OR PORTION / PAGE THEREOF AND / OR ANY FACILITIES YOU AGREE TO THE TERMS AND CONDITIONS.

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