TERMS OF USE

By access and use of www.remitx.com (the "Website") or any information, services and/or content distributed through or in conjunction with or made available on the Website (hereinafter collectively referred to as the "Services"), the visitor or the user of the Website ("User" or grammatical variations thereof) accepts and agrees to be bound by and to comply with (i) these Terms of Use; (ii) the Privacy Policy available on the Website; and (iii) other terms / notices posted through the Services (hereinafter collectively referred to as the "Terms").

By accessing or using the Website or the Services, the User expressly represents that he/she/it has read and understood these Terms and agrees to be bound by these Terms. Furthermore, by using or accessing the Website or the Services, the User expressly represents that (a) he/she/it has the capacity to be bound by these Terms; (b) if he/she/it is acting on behalf of a company or other entity or any other person, then he/she/it has the relevant authority to bind such company or entity or other person; and (c) he/she/it will not violate any rights of REMITX, a division of Capital India Finance Limited ("REMITX") and/or its affiliates, including intellectual property rights such as copyright or trademark rights.

General Terms

REMITX reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual User or all Users) the Services and/or any associated services, the information, material and content provided on the Website ("Information") or any technical specifications, without prior notice. REMITX will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by any User or any other Person as a result of, or in connection with, any such modification or discontinuance.

Although the Information provided on the Website is believed to be reliable when posted, there is no guarantee that it is accurate or complete or current at all times. The Website is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. REMITX does not warrant that the Information contained on the Website is accurate or complete, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. Further, REMITX assumes no liability for the interpretation and/or use of the Information contained on the Website nor does it offer a warranty of any kind, either expressly or impliedly.

Information is supplied upon the condition that the persons receiving the same shall verify the veracity of all information on their own and will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision, or placing any order.

Money exchange rates and its trade are inherently risky, and you agree to assume complete and full responsibility for the outcomes of all trading decisions that you make, including but not limited to loss of capital. There are risks associated with utilizing internet. The Users are advised to understand that the services can fail due to failure of hardware, software, and internet connection. Neither REMITX, its affiliates nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of or as a result of any access to, or use of, or failure of, the Website or the Information or any other website linked to the Website.

Any links from the Website to other websites shall not be considered as referrals to, endorsements of, or affiliations with the linked entities. REMITX shall not be responsible for and makes no representations or warranties in relation to the contents of the websites to which links may be provided on the Website.

No material may be modified, edited or taken out of context such that its use creates a false or misleading statement or impression as to the position, statements or actions of REMITX and/or its affiliates.

REMITX reserves the right to add, alter, modify, change or vary all or any of these Terms, at any time, without previous notice. REMITX may suspend the operation of the Website for support or maintenance work, in order to update the content or for any other reason.

REMITX causes the control and maintenance of the Website from India. REMITX makes no representations that the information and material contained in the Website are appropriate or permitted for use in jurisdictions outside India.

The Users should make themselves aware of the laws of their respective country or those applicable to them in relation to any of the matters described in these pages. If the User chooses to access the Website then it shall be deemed to be done on his/her/its own initiative and he/she/it shall be held responsible for compliance with applicable local, national or international laws.

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information or intellectual property obtained from the Website in any manner whatsoever. Limited reproduction and copying of some of the content of the Website is permitted for the User unless otherwise prohibited by REMITX. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is strictly prohibited.

The User represents and warrants that the User shall use the Website in compliance with these Terms and the applicable laws and to comply with all existing and future policies and rules applicable to the Website.

The User shall not in any manner host, display, upload, modify, publish, transmit, update or share any information that:

(i) belongs to another person and to which the User do not have any right to use, access and disseminate;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(iii) harms a minor in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonate another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

In the event the User has any grievance in relation to any Information uploaded on the Website or other Services made available on the Website or with respect to processing of such Information or other Services or the use of Website, the User may contact our Grievance Officer (whose details have been published on the Website) or write to us at the address provided on the Website. The Grievance Officer shall endeavour to redress the grievances within reasonable time in accordance with the applicable law.

REMITX reserves the right to investigate complaints or reported violations of the Terms and to take any action as it may deem fit, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to the User’s profile, e-mail addresses, usage history, posted materials, IP addresses, etc.

Intellectual Properties

The User is hereby granted a non-transferable, non-exclusive, revocable license to access and use the Services solely for legal, internal, personal, non-commercial purposes strictly in accordance with these Terms.

The content of the Website and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by REMITX and/or its licensors and are protected by applicable Indian intellectual property law. The User acknowledges, understands and agrees that he/she/it shall not have, nor be entitled to claim, any rights in and to the content of the Website and/or any portion thereof.

REMITX may provide the User with content including information, sound, photographs, graphics, video or other material through the Website. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by REMITX and shall not copy, transmit or create derivative works of such material without express authorization from REMITX.

The User acknowledges and agrees that he/she/it shall not upload, post, reproduce distribute or modify any content on or through the Website that is protected by copyright or other proprietary right of REMITX or any third party, without obtaining the permission of the owner of such right. Any unauthorized use of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

Booking Policy

REMITX shall charge applicable goods and services tax on each booking or service order as per the prevalent tax rates.

The total foreign exchange that can be obtained / remitted during a financial year under the Liberalised Remittance Scheme as prescribed by the Reserve Bank of India ("RBI") is currently USD 250,000/-. The User hereby undertakes and certifies that the application for release / remittance of foreign exchange through all sources, including the current service / booking order being placed by him/her is within the said overall limit prescribed by the Reserve Bank of India.

The User further undertakes and certifies that the source of funds for making the said remittance belongs to him/her and the foreign exchange shall not be used for any of the prohibited purposes as laid down by the RBI in its directions and guidelines issued from time to time including under those set out under the Prevention of Money Laundering Act, 2002 ("PMLA") and the rules, directions and guidelines framed thereunder. The User hereby declares that the transaction details which are mentioned in the booking / service order does not involve, and is not designed for the purpose of any contravention or evasion of the provisions of the Foreign Exchange Management Act, 1999 ("FEMA") or the Know Your Customer Directions, 2016 ("KYC Directions") or PMLA or the rules, notifications, directions, guidelines and orders issued thereunder.

The User also hereby agrees and undertakes to provide such information / documents as will reasonable satisfy REMITX about the genuineness of the transaction / booking order and that he/she shall be responsible and liable for any incorrect information provided by him/her. Further in the event the transaction is cancelled or revoked by the User after submitting the booking / service, any exchange losses incurred in this connection would be recovered by REMITX from the refund amount.

The User hereby agrees and acknowledges that in case of cancellations of any booking / service on the User's request or non-compliance of these Terms, the User shall be liable to pay a cancellation charge of (a) an amount equal to 2% of the transaction amount plus applicable taxes; or (b) Rs. 1000 plus applicable taxes, whichever is higher. The User hereby acknowledges that REMITX reserves the right to revise the amount of cancellation charges applicable on such transactions, from time to time, without any prior notice to the User. Such changes / revisions in the cancellation charge may or may not be updated in these "Terms of Use" on real time basis.

The User hereby agrees and confirms that once the funds remitted by him/her have been transmitted by REMITX (through an Authorized Dealer Category – I Bank) to the correspondent and/or beneficiary banks, REMITX shall not be responsible for any delays in the disbursement of such funds including the withholding of such funds by the correspondent and/or beneficiary bank. The User further agrees and confirms that once funds are remitted, intermediary bank charges may be levied by the correspondent and /or beneficiary banks, which may vary from bank to bank. In the event the transaction is rejected by the beneficiary bank because of incorrect information submitted by the User and any charges are levied by the beneficiary bank or exchange losses are incurred by REMITX in this connection, the User shall be liable to pay the same to REMITX.

The User further agrees and confirms that the foreign exchange released for the purpose specified in the booking / service order shall be used within 60 days of purchase. In case it is not possible to use the foreign exchange within the period of 60 days, same will be surrendered to REMITX or any other authorized person.

The User hereby agrees and acknowledges that REMITX may reject / cancel the booking or service order submitted by the User for any reason as it may deem fit, including but not limited to the following:

(i) if the User fails to provide valid KYC documents required for foreign exchange transactions as per the rules prescribed by the Reserve Bank of India;
(ii) if the User refuses to provide the declarations / give such information, as may be required by the REMITX to satisfy itself that the transaction requested under such booking or service order does not involve, and is not designed for the purpose of any contravention or evasion of the provisions of the FEMA or PMLA or the rules, notifications, directions, guidelines and orders issued thereunder;
(iii) refusal by the Authorized Dealer Category - I banks to undertake the requested telegraphic transfer or overseas remittance services;
(iv) if the currency(ies) requested for are not available with REMITX; or
(v) on occurrence of any Force Majeure Event.

For the purpose of these Terms, Force Majeure Event shall mean the occurrence of any event or a condition beyond the control of the Parties, including but not limited to any act of God, epidemic, pandamic, lockout, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, prolonged shortage of resources, failure of public utilities or common carriers, act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, civil commotion, terrorism or the imminent threat of such acts.

Deliveries shall be made only to the areas specified on the Website. We reserve the right to add or remove or change the service areas and display the same on the Website.

REMITX shall send an order confirmation to the User within 24 business hours from the submission of such booking or service order. The User further agrees and acknowledges that the service requested under the booking or service order submitted by the User shall be completed by REMITX during the business hours within 2 business days from the date of sending an order confirmation to the User. No cancellations shall be allowed for any booking or service order after the issue of an order confirmation from REMITX.

REMITX shall at the time of sell or purchase of foreign currency, the User shall ensure and verify the currency notes. REMITX or its branches and authorized representatives shall not be responsible for any such notes being found counterfeit, soiled, marked or outdated subsequently.

The User hereby agrees and acknowledges that while the authorized representatives of REMITX shall endeavor to consider any denomination requests made by the User, it may be possible that the denominations of notes so requested may not be available at given point in time and therefore, the User may not receive denominations of their choice. REMITX or its representatives shall not be held liable to not deliver the preferred choice of denominations of notes to the User.

Offers/Schemes provided by/on the Website are exclusively for the Users of the Website, and are applicable only under specific circumstances as may be elucidated and elaborated upon during the operation of the relevant and concerned scheme and may or may not be applicable on some commodities or services listed on the Website. All offers are applicable within validity stated under offer details. Coupon code may get invalid with or without prior information about the same and no specific notice may be served upon the User under any circumstance for any such expiry.

The User hereby further agrees and acknowledges that REMITX shall not be liable for any of the following events:

(i) fraudulent transactions occurring after the sale and delivery of the third party products to the User viz: prepaid forex card, telegraphic transfers or any other products that may be available in future. Such transactions may be on account of any fraudulent process, not only limited to the instances of password being compromised, card cloning or fraud, etc.;
(ii) failure on the part of a third party service provider used by the parties hereto, for instance the issuer of the prepaid forex card, including but not limited to the failure of the third party server, additional charges applicable at an overseas ATM, etc. card not working at POS, ATM authentication failure, PIN not working, delay in card funding for more than predefined turnaround time or any dispute, discrepancy on any transaction made using forex card etc. In all cases of service deficiency, disputes, malpractice, illegal trade practices, the User shall contact the service provider / the issuing bank or financial institution directly;
(iii) non catering of / rejecting any booking or service order in accordance with the terms of these Terms.

In case of any dispute in relation to the Services available on the Website or booking or service order, decision of REMITX will be final and binding.

Refund Policy

In case of any cancellation of the booking or service order, all amount paid by the User for such orders shall be credited to the bank account of such User within 8 business days from the date of cancellation of such order. Provided that for orders cancelled on the User's request or non-compliance of these Terms, the amount paid by the User shall be refunded / credited only after a deduction of applicable cancellation charges.

All refunds shall be processed through REMITX to the bank account which was used to remit payment against purchase of foreign exchange.

No Warranties

REMITX and its affiliates, employees, agents and authorized representatives provide the Website and the Information on an "as is" and "where is" basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to the Website or the Information, including without limitation, warranties as to the non-infringement, usefulness, completeness, accuracy, correctness, reliability and fitness for a particular purpose.

Further, REMITX does not represent or warrant that: (i) the Website will be available or will meet the User(s) requirements; (ii) the access will be uninterrupted; (iii) there will be no delays, failures, errors or omissions or loss of transmitted information; (iv) no viruses or other contaminating or destructive properties will be transmitted; or (v) no damage will occur to User’s computer system. The User has the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

No Liability

REMITX is not responsible for and will not be liable to the User or anyone else for any damages or other amounts whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with User’s use of or inability to use the Website or the Information or other Services therein, or any action taken or decision made by User or any other person in reliance on the Website or the Information contained therein, or any unauthorized use or reproduction of the Website or the Information or other Services therein, even if REMITX has been advised of the possibility of these damages.

The User understands that the Website is used by him/her/it solely at his/her/its own risk, cost and liability.

REMITX shall not be liable for any act done by its officers, employees, representatives, assigns, agents etc. which is beyond the scope of their employment or regular course of duty. REMITX shall not be liable for any person including its officers, employees, representatives, assigns, agents or the officers, employees, representatives, assigns, agents of third party service providers misrepresenting the same to the User by illegally or inappropriately rendering any services not offered on the Website, and the Users are advised to report such incidents, with full details, at the earliest to the grievance officer.

The User agrees to indemnify, defend and hold harmless REMITX, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to REMITX (hereinafter collectively referred to as the "Indemnified Parties"), from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arises out of, results from, or may be payable by virtue of, access or use of the Website, the Information and/or other Services by the User or any breach or non-performance of any of these Terms.

Relationship

None of the provisions of these Terms or the right to use or access the Website by the User or any other contents of the Website, shall be deemed to constitute a partnership between the User and REMITX and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Termination

The User hereby agrees and acknowledges that REMITX may, with or without any reason, immediately terminate his/her/its access to the Website without prior notice. Without limiting the foregoing, REMITX may terminate or temporarily suspend the User’s access to the Website if the User (a) breaches or violates these Terms, (b) there is a request by law enforcement or other government agencies, or (c) in case of unexpected technical issues or problems or any Force Majeure Event.

The User hereby agrees and acknowledges that any termination of access to the Website shall be made at the sole discretion of REMITX, and that REMITX shall not be liable in any manner whatsoever to either the User or any third-party for such termination of access to the Website.

Governing Law and Jurisdiction

The Terms are governed by and shall be interpreted in accordance with the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. In the event of any dispute arising between REMITX on one hand and the User and/or any third party on the other hand, in relation to these Terms or use of the Website or the Information, whether in contract or tort or otherwise, such User and/or third party hereby agree to submit to the jurisdiction of the courts located at Delhi, India for the resolution of all such disputes.

REMITX reserves the right to seek all remedies available at law and in equity for violations of these Terms by the User.

Miscellaneous

The Terms incorporate by reference all notices and disclaimers contained in the Services and constitute the entire agreement between REMITX and the User with respect to access to, and use of, the Website and/or the Services. Except as specifically set forth herein, these Terms supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between REMITX and the User relating to the Services.

If any provision of these Terms is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms shall be construed in a manner as to give greatest effect to the original intention of the parties hereto.

REMITX's failure to insist upon, or enforce, strict performance of any right or provision of these Terms shall not constitute or be construed or deemed to be a waiver of such right or provision.