Money Transfer Terms and Conditions
INDUSIND BANK LIMITED
1.1 INDUSIND BANK LIMITED ("INDUSIND Bank") is an Indian company incorporated under the Companies Act, 1956 and licensed as a bank under the Banking Regulation Act, 1949. and having its registered office at 2401, General Thimayya Road, Cantonment, Pune 411001 and its corporate office at 701, Solitaire Corporate Park, 167, Guru Har Govindji Marg, Andheri (East), Mumbai – 400093 India.
1.2 INDUSIND Bank is subject primarily to the regulation and supervision of the Reserve Bank of India, which is a statutory body constituted under the Reserve Bank of India Act, 1934.
1.3 INDUSIND Bank owns and maintains the websites www.indusind.com and www.indusfastremit.com and offers a Registered User (as defined herein) access to and use of the Website and the opportunity to avail of the facilities subject to the Terms and Conditions.
1.4 These Terms and Conditions (the “Terms and Conditions”) are effective as of 1st January 2009, and govern the terms under which you may access and use this Website and any of the Facilities (as defined herein). Capitalised terms, which are used in this Terms and Conditions and not defined else where shall have the meanings assigned to them under the Section of this Terms and Conditions.
1.5 Do not access or use the Website or Remittance Monitoring Facility if you do not agree to be bound by the Terms and Conditions. By virtue of continuing to access and use the Website and / or Remittance Monitoring Facility, you are agreeing to the Terms and Conditions in effect at such time. The Terms and Conditions may be updated from time to time by posting the updated Terms and Conditions on this Website and it is recommended that you visit this page on every occasion that you access or use the Website or Remittance Monitoring Facility so that you are aware of the Terms and Conditions that govern your use thereof. If any of the Terms and Conditions is not acceptable to you or you disagree with any material on the Website, unless otherwise stated herein, your sole and exclusive remedy is to discontinue using the Website and Remittance Monitoring Facility.
OVERVIEW OF REMITTANCE MANAGEMENT FACILITY
2.1 The Remittance Monitoring Facilities made available by INDUSIND Bank on the Website and further described below and elsewhere on the Website, among other things, provide a Registered User with a technology platform to record remittance requests, track and monitor the status of orders and manage electronic communication relating to a remittance that is transmitted (after conversion of funds in the NOSTRO account of INDUSIND Bank by its correspondent bank ) and disbursed by INDUSIND Bank to a bank t account or otherwise, in India, as instructed by the Registered User using regular International banking channels that involve correspondent banking and exchange house relationships that INDUSIND Bank enjoys with financial institutions in the Registered User’s local jurisdiction (the “Monitoring Facility”). No banking relationship is either intended or created, hereby or thereby, between the Registered User and / or the recipient of the remittance of the one part and INDUSIND Bank or its affiliates of the other part. In order to avail of the Facilities described above, it is mandatory that the Registered User is a customer of, or enters into an independent transaction with, a local financial institution supporting this facility in the country from where this facility is being availed by the Registered user.
FEES AND CHARGES
3.1 INDUSIND Bank may set its own fees and charges for Facilities and may revise the same at any time and the availability of Facilities displayed or offered on or through the Website are subject to change without prior notice. Nothing contained on the Website constitutes an offer, promise or commitment to grant or provide any Facility. While INDUSIND Bank endeavours to post accurate and updated information on the Website, the Registered User must verify the same before taking any action or entering into any transaction. In addition, the registered user and / or recipient of the money in India shall be liable to pay the Service Tax or any other Statutory taxes, cess or fees as may be levied by the Central, State or local Government / Statutory Authorities in India.
3.2 When a Registered User makes a request to use the Remittance Monitor Facility, depending on the payment mechanism he or she chooses, such Registered User will likely be concurrently authorising a third party financial institution to debit the remittance amount from an account held with it and/or be requesting the financial institution to process the payment request in some other form. INDUSIND Bank does not control and is not responsible in any manner for fees or charges, if any, that may be imposed by any such financial institution(s) or any other third parties, including registered user’s own Bank.
3.3 Registered Users acknowledge and understand that INDUSIND Bank may make monetary gains when funds in foreign currency remitted by a Registered User are converted by INDUSIND Bank into Indian Rupees. The foreign exchange conversion rate shown for the calculation on the Website is only indicative to help the Registered User to arrive at an approximate Indian Rupee amount that the beneficiary recipient may receive and it in no way guarantees or represents the foreign exchange conversion rate that will actually be applied to the foreign exchange sent by the Registered User. INDUSIND Bank shall carry out the conversion of foreign currency to Indian Rupees, and will apply the foreign exchange conversion rates prevailing on the day of conversion, on receipt of clear funds or other rates as per its discretion. The IndusInd Bank shall effect the payment to recipient after deductions of its charges and taxes, cess or fees as may be levied by the Government/ Statutory Authorities.
3.4. Neither the Registered User nor the recipient will be entitled to any interest for the period during which the funds to be remitted are with INDUSIND Bank, are in the course of remittance, or for any other period. Registered Users acknowledge and understand that, in providing the Facilities, INDUSIND Bank may earn interest on funds remitted between the time that the foreign currency is remitted and the time that it is disbursed to the bank or other account in India.
ELIGIBLE USERS
4.1 In order to access and use the Website and avail of the Remittance Monitoring Facility the Registered User must be an individual of at least 18 years of age having the capacity to enter into legally binding contracts under the law applicable to the Registered User, or a corporation, trust, association of persons or firm that can enter into legally binding contracts in general, and contracts contemplated herein in specific, under applicable law and documents of their incorporation/constitution through their authorized officials.
REGISTRATION INFORMATION
5.1 Only limited access to the Website is available to non-Registered Users. Non-Registered Users are not permitted to avail of the facilities. In order to obtain increased access to the Website and in order to avail of the Facilities, the every person who is desirous of availing the Facility is required to register on the Website as a Registered User. Subject to the other Terms and Conditions, upon registration as a Registered User the Website will register the relevant Registered User ID and Registered User Password. Facility.
5.2 The Registered User agrees to provide true, accurate, current and complete information, as prompted by the registration form on the Website, and to update this information to keep it true, accurate, current and complete at all times. If, in the judgement of or to the knowledge of INDUSIND Bank, any information provided by the Registered User is untrue, inaccurate, not current or incomplete, INDUSIND Bank retains the right to terminate the Registered User's registration and refuse the Registered User access to or use of the Website or any Facilities, including the cancellation of pending transactions. INDUSIND Bank reserve the right to request the Registered User, at any time and from time to time, for additional information and/or proof of authenticity of any information; the Registered User’s continued access to the Website and the Facilities, including the completion of any ongoing transaction, may be subject to the receipt by INDUSIND Bank of such additional information or proof.
5.3 The Registered User will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all Registered User IDs and Registered User Passwords and be fully responsible and liable for all transactions and activities that occur under the Registered User's ID and password including any unauthorised use or misuse of the ID and/or password and INDUSIND Bank shall have no obligation to verify the authenticity of any such transaction or activity. In consideration of INDUSIND Bank agreeing to provide the Facilities as per the Terms and Conditions, the Registered User hereby agrees to unconditionally indemnify INDUSIND Bank and hold INDUSIND Bank harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the aforesaid, the Registered User agrees to log out from his or her account at the end of each session and to immediately notify INDUSIND Bank via Email Us, or through the Call Centre, or registered post AD of any suspected loss, theft, unauthorised usage of the Registered User ID or password, any other breach of security, or any receipt by the Registered User of confirmation of a transaction, fund or other activity which the Registered User did not authorise; or any inaccurate information in the Registered User's account balances or transaction history.
5.4 If the Registered User forgets his/her password, INDUSIND Bank may, subject to verification and INDUSIND Bank’s satisfaction as to the Registered User’s identity, permits the user to reset his password and the Registered User will be responsible and liable for all transactions pursuant thereto.
5.5 To the extent permissible by applicable law, INDUSIND Bank shall have the right (but not the obligation) to require the Registered User to communicate instructions and authorise and execute transactions and other activities by means of secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).
5.6 Registered user may be provided with the information about the various products and services of the IndusInd Bank by pop ups on its website. If the, Registered user is not interested to receive such information, then they should specify the same at the time of registering name with the IndusInd Bank at the time of availing this facility.
ACCEPTABLE USE
6.1 A Registered User shall not:
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use or access the Website or any Facility to do, facilitate or support any act that violates the Terms and Conditions or any rules and regulations of any jurisdiction, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, or funding of terrorist organizations. |
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restrict or inhibit any other person from accessing, using and enjoying the Website or the Facilities; |
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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; |
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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;
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Post or transmit any advertisements or similar such activities amounting to unsolicited commercial communication (except as otherwise expressly permitted by IndusInd Bank) or other activities that may be objectionable to its users, like spamming or flooding etc; |
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Post or transmit any information or software which contains a virus or such harmful component; |
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Post, publish or transmit 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); |
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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; |
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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 IndusInd Bank or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws; |
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attempt to decompile or reverse engineer any of the software available on the Website; |
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make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if the Visitor becomes aware of any shortcoming in the security on the Website the Visitor shall forthwith inform INDUSIND Bank of the same in writing; |
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reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Facilities, or access to the Website or the Facilities, other than as provided within the scope of the Service; |
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Disclose to any other person, in any manner whatsoever, any information of a confidential nature relating to INDUSIND Bank or the Affiliate Partners obtained in the course of using or accessing the Website or availing of any Facility. |
LIMITATIONS OF OFFERINGS
7.1 IndusInd Bank shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by the Registered User. Nothing provided on the Website should be construed as advice of any nature and the Registered Users are advised to consult professionals in this regard prior to taking any decision.
7.2 IndusInd Bank shall have the right to verify any information provided by the Registered User and the Registered User hereby authorizes IndusInd Bank to verify any such information & or pass on to a third party for verification, for the sake of completing due diligence on the customer (including but not limited to “Know your customer”, Anti Money Laundering checks, SSN verification & other Statutory compliances etc).
7.3 IndusInd Bank shall not be responsible for any error or omission made by the Registered User in keying in or otherwise providing the information required to avail of a Facility or any consequences of such error or omission.
7.4 IndusInd Bank shall endeavour to carry out the requests received under the Facilities. However, IndusInd Bank shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of a Registered User’s instructions or requests without assigning any reason.
7.5 The Registered User cannot amend, cancel or revoke any request made of IndusInd Bank under a facility, save and except as specifically detailed on the Website. Additionally, when the Registered User places a request to amend, cancel or revoke a transaction request that has already been authorised by the Registered User, such request will only be acted upon if it is received before the requested transaction or activity is executed.
7.6 Any scheme for awarding 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. The Registered User is therefore required to verify the eligibility of the Registered User before participating in any such scheme. IndusInd Bank 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, and the Registered User's recourse for the same will be only against the persons who have manufactured or supplied the same. IndusInd Bank shall be entitled to have more than one promotional offer in existence and applicable at any given time. However a Registered User shall be entitled to avail of only one offer per transaction. It shall be entirely at the discretion of IndusInd Bank to consider any exceptions to the above.
7.7 The Registered User understands that the Website and the facilities may not be available in whole or in part in different countries, states, territories and jurisdictions and IndusInd Bank may in its sole discretion restrict the availability of the facility to any country, state, territory or jurisdiction.
7.8 IndusInd Bank has no control over, and is not responsible for, the quality, safety, legality, or delivery of any goods or services that the Registered User may pay for using the Website and / or the facilities. Such use will be at the Registered User’s own risk.
7.9 In order to avail of specific facilities, the Registered User 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 procedures as may be specified by IndusInd Bank.
DISCLAIMERS
8.1 The Website, all information on or available through the Website and the Facilities provided by INDUSIND Bank and are made available to the Registered Users “as is” and 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, completeness, title, compatibility, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, each to the extent permissible by applicable law.
8.2 Although INDUSIND Bank adopts security measures that it considers appropriate for the Website, it does not represent or warrant that the Website is immune from hacking, denial of service attacks, unauthorised access or other illegal subversion of these security measures that might impair the working of the Website, the availability of the Facilities or the integrity and confidentiality of Registered User’s personal and login information or accounts and INDUSIND Bank disclaims liability arising from any such acts or occurrences. Furthermore, while INDUSIND Bank takes reasonable precautions to avoid such eventualities, the Registered User understands that communications through Internet are not always secure and agrees that INDUSIND Bank shall not be responsible for any unauthorised or illegal interception of e-mail or other communication to or from INDUSIND Bank.
8.3 Information and Facilities on the Website may be displayed and offered in a phased manner at the discretion of INDUSIND Bank. INDUSIND Bank shall have the right to from time to time and 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. While INDUSIND Bank makes every endeavour to ensure that the Facilities are offered to a Registered User without interruption or delay, continued provision of the Facilities may be impractical or impossible due to the 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, system maintenance, software or hardware error, labour problems, strikes or any other reason beyond the control of INDUSIND Bank, and INDUSIND Bank makes provides no guarantee that any instructions or transactions will definitely be communicated, processed or performed (whether or not before a particular time) using the Website or the Facilities.
8.4 INDUSIND Bank 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 the Website.
8.5 INDUSIND Bank operates and offers the Website and the Facilities strictly on a no-liability and no-obligation basis as regards INDUSIND Bank, and INDUSIND Bank shall not be liable to the Registered User or any other third party for any claim for direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including, without limitation, loss of profits, loss or corruption of data, loss of profit or goodwill, work stoppage, computer failure or malfunction, or interruption of business) whether arising under contract, tort or any other theory arising out of or in connection with the Website, the inability to access the Website or any Facilities, products or services mentioned or advertised on or accessed or availed on or through the Website.
8.6 To the extent any of the disclaimers or limitations of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of INDUSIND Bank to the Registered User shall not exceed the amount of fees paid/payable by the Registered User to INDUSIND Bank for the Facilities availed by the Registered User through the Website.
FACILITIES PROVIDED BY THIRD PARTIES
9.1 Several of the facilities mentioned or offered on or through the Website are provided by third party service providers and IndusInd Bank makes no warranty on behalf of such third parties. IndusInd Bank shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings between the Registered Users and such third party service providers. The Registered User may be charged for such transactions / dealings by such third party service provider. Such third party service providers may have their own agreements, terms and conditions which will govern such Facilities provided by them, which may be specific to each such service provider and vary from facility to facility. All of the Registered User's rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any such facilities shall be governed by the applicable terms, policies and procedures of the concerned service provider and IndusInd Bank shall not be liable or responsible for the same in any manner. The Registered User shall have no claim, rights or remedies whatsoever against IndusInd Bank in respect of any such Facility availed or sought to be availed by the Registered User from any such service provider. The Registered User agrees not to hold IndusInd Bank liable for any loss or damage of any sort incurred as a result of any such dealings with any service provider.
TERMS OF SPECIFIC FACILITIES
The following (among other) Facilities are proposed to be offered on the Website. However, all the facilities or all the various components and features of a Facility may not be offered at all times. IndusInd Bank may discontinue, modify, change, and alter any of the features of the Facility at its sole discretion.
10.1 Remittance Facility
10.1.1 Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of the Remittance Facility, such Facility enables the Registered User to avail of a technology platform for a Facility that enables remitting funds from outside India into India. The Facility is offered by INDUSIND Bank by use of INDUSIND Bank's web technology platform. INDUSIND Bank shall, under the Remittance Facility, convert the funds received through the correspondent bank into Indian Rupees and process it to the beneficiary in India as instructed by the Registered User within a period of not less than five (5) working days, both in the US and India on a best effort basis from the receipt of the funds.This however would not
guarantee credit to the beneficiary’s account.
10.1.2 The Registered User should pay the foreign currency as per the instructions using the electronic mechanisms like the ACH (Automated Clearing House) facility, cheque / draft or such other acceptable modes as described on the Website. The funds will be remitted 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 as may be applicable at the time of remittance, the transaction would be processed to the beneficiary bank in India designated by the Registered User within a period of not less than five (5) working days, both in US and India from the receipt of the funds on a best effort basis.
Notwithstanding the above, after deducting the appropriate charges/fees as may be applicable at the time of remittance, the Bank reserves its discretion to process the the transaction to the Beneficiary Bank in India as designated by the Registered User within a period less than five working days, both in US and India from the receipt of the funds on a best effort basis. The Registered User hereby agrees and understands that the Bank is not duty bound to disclose the reasons if the remittance is effected to the Beneficiary’s account within a period of less than five working days, both in US and India from the receipt of the funds. The Registered User is aware that the time frame for each remittance request may differ on a case to case basis,
10.1.3 In case of non availability of funds from the account from which the Registered User has requested the remittance of money, INDUSIND Bank shall be entitled to cancel the requested remittance transaction and the Registered User shall bear full liability and responsibility for the same. The Registered User shall reimburse any direct or indirect expense INDUSIND Bank has incurred while providing the Remittance Facility. The Registered User also agrees to pay for all costs associated with the recovery of amounts owed to INDUSIND Bank, including reasonable attorney's fees and court fees. .The Registered User agrees to pay to INDUSIND Bank such amount immediately upon INDUSIND Bank's demand along with interest @ __% per month from the date of the remittance by INDUSIND Bank till the receipt of funds by INDUSIND Bank from the Registered User. INDUSIND Bank shall also be entitled to inform any credit bureau or any other person or entity if the Registered User fails to pay/reimburse such amount or any part thereof to INDUSIND Bank.
10.1.4 While it shall be INDUSIND Bank's endeavour to adhere to the time schedule indicated by it on the Website, and as stipulated in terms herein above INDUSIND Bank hereby disclaims liability or responsibility for any changes in the time schedule for execution of the Registered User's instructions or remittance or credit of funds for any reason.
10.1.5 In the event the funds are for any reason required to be redirected to another account / location, or any other additional service is required, INDUSIND Bank shall levy additional charges and remit the amount after deducting such additional charges.
10.1.6 INDUSIND Bank 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. INDUSIND Bank will, however, use reasonable efforts to assist the Registered User in contacting INDUSIND Bank or any third party to facilitate resolution of such queries, claims and disputes.
10.1.7 The Registered User hereby authorizes INDUSIND Bank to check or to use a third party agency to check the Registered User's credit history/identity details at the time of and/or prior or subsequent to enrolment and to obtain follow-up credit reports relating to the Registered User.
10.1.8 The Registered User hereby agrees that, where INDUSIND Bank so deems advisable or necessary as per its due diligence criteria, INDUSIND Bank may hold the money (to be remitted to India) for longer than the usual time for remittance, and may delay the remittance.
10.1.09 The Registered User hereby agrees that INDUSIND Bank has no control over when the beneficiary's financial institution (through whom the beneficiary chooses to receive the remittance) makes such funds available for the beneficiary's use and INDUSIND Bank shall not be responsible for any delay or default on the part of such financial institution.
10.1.10The registered users also acknowledges and agrees that the Registered User is of and will abide by the provisions of the Operating Rules of the country from where the remittance is sent to India. In some of the country operating rules allows a Consumer, as defined therein, to return a debit Entry up to sixty (60) calendar days after such Debit Entry is made to such consumer’s account. Registered User further acknowledges and agrees that in the event of the Receiving Bank returns a Debit Entry to the correspondent Bank of IndusInd Bank, who in turn, reverse the credit given to IndusInd Bank as unauthorised or for any other reason at any time on or before or after 60 days calendar days, IndusInd Bank shall debit the amount of the Debit Entry to the Receiver’s account or Registered Users account upon return of such Debit Entry from the Correspondent Bank.
10.1.11 The Registered User hereby agrees that the purpose of the remittances shall be in consonance with the provisions of Foreign Exchange Management Act as applicable in India at the time of remittance monitoring facility availed by the Registered User. Remittance Facility will be strictly for personal use such as family maintenance or remittances from foreign tourists visiting India. Trade or business related remittances or remittance for purchase of property or investment, remittance for credit to remitters' NRE / FCNR accounts, any type of donations and other remittances not permissible under the regulations prevailing from time to time are not covered under, and should not be effected through, the Remittance Facility.
10.2.12 The Registered User shall provide to INDUSIND Bank all the information as may be required, in absence of which INDUSIND Bank shall not be liable to permit the Registered User to avail of the Remittance Facility.
10.1.13 The Registered User hereby undertakes that by sending funds to India, he/she is not violating any exchange control laws stipulated by the Government of India and/or the Reserve Bank of India. The Registered User agrees to keep INDUSIND Bank indemnified for any such violation.
10.1.14 The Registered User undertakes to inform INDUSIND Bank, before initiating a transaction, that she/he is availing the Facility from Indian territory. In such cases, charges, if any, payable by the Registered User to his/her local financial institution will attract withholding taxes as may be applicable in accordance with the tax laws of which customer is tax resident.
10.1.15. The onus shall lie on the Registered User to ensure that there are no violations of any law, regulation, authorization including (FEMA or Exchange Control) and the Registered User shall be solely liable for any violation thereof.
Transactions prohibited under FEMA in India are:
1) Purchase of immovable/agricultural/plantation where prohibited.
2) Investments in securities, shares and/or any other similar instrument where disallowed by laws of India.
3) Not lending to person resident in India whether in foreign currency/Indian Rupee where expressly prohibited by laws in India.
10.1.16 INDUSIND Bank shall not be responsible for any erroneous credit, if an erroneous Beneficiary details provided by the Registered User to INDUSIND Bank. Furthermore, the Registered User shall be entirely responsible for providing the accurate amount to be credited on the Beneficiary account. INDUSIND Bank shall not be responsible for an erroneous credit, if an erroneous amount is provided by the Registered User to INDUSIND Bank and INDUSIND Bank shall not be liable to reverse such erroneous credit from the Beneficiary.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
11.1 IndusInd Bank 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. IndusInd Bank, the Alliance Partners and/or the Service Providers do not grant any license to or other authorization, and none should be implied or presumed, for use of their respective trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.
11.2 This Website is for the Visitor’s personal use. If the Visitor makes any other use of this Website, except as otherwise provided above, the Visitor may violate copyright, trademark and other laws of India and other countries, and may be subject to penalties.
USE OF INFORMATION
12.1 By agreeing to the Terms and Conditions, the Registered User and the Visitor consents to IndusInd Bank’s Privacy Policy, a copy of which may be found elsewhere on the Website.
12.2 Each Visitor and the Registered User irrevocably and unconditionally authorises IndusInd Bank to access all information relating to his or her access and use of the Website and Facilities, including personally identifiable information, and/or the transactions entered into by the Visitor/Registered User through the Website. Subject to the IndusInd Bank Privacy Policy, all information submitted on or via the Website shall be deemed to be and remain the property of IndusInd Bank and Service Providers; and IndusInd Bank and Service Providers shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in or derived from any information the Visitor/registered User may provide to or through the Website. IndusInd Bank and Service Providers shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with the Visitor. IndusInd Bank shall be deemed to acquire from the Visitor 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 or derived from any information provided by the Visitor to or through the Website.
NO AGENCY OR BANKING RELATIONSHIP
13.1 The Terms and Conditions and the use by the Registered User or access to the Website or any Facilities are not intended to create an agency, partnership, joint-venture, employer-employee or banker-customer relationship between the ser or the beneficiary of the one part and INDUSIND Bank or Service Provider of the other part, except where otherwise specifically agreed or appointed. Specifically, the use of Remittance Facility does not establish a checking account or any other form of a bank account for the Registered User or the beneficiary with INDUSIND Bank and neither does it constitute or create a fiduciary or escrow capacity between the Visitor or the beneficiary and INDUSIND Bank. Funds held while processing a remittance payment request are not insured by any government authority. None of the Facilities offered hereby is a funds transfer or transmission service, and a Registered User’s request or instruction while using a Facility is not a payment order or other request for a funds transfer.
INDEMNITY
14.1 Each Visitor and/or Registered User agrees to defend, indemnify and hold IndusInd Bank, its Correspondent Bank and Service Providers and each of their respective affiliates, directors, officers and employees, harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from the Visitor’s or Registered User's use of the Website, whether in India or any other jurisdiction, the inaccuracy or incompleteness of registration information, or the placement or transmission of any message, information, software or other materials through the Website by the Visitor, the Registered User or users of the Registered User's ID and password or related to any violation of the Terms and Conditions by the Visitor or Registered User or users of the Registered User's ID and password, and any claims dispute or differences between the Visitor or Registered User and any supplier of services that are part of the Facilities.
SUSPENSION OR TERMINATION OF ACCESS
15.1 The Registered User acknowledges and agrees that INDUSIND Bank may, without notice, suspend or terminate the Registered User's ID, Password or account or deny the Registered User access to all or part of the Website or any Facilities if the Registered User engages in any conduct or activity that INDUSIND Bank, in its sole discretion, believes violates any of the Terms and Conditions, violates the rights of INDUSIND Bank, or is otherwise inappropriate for continued access, or if INDUSIND Bank learns of the Registered User's death, bankruptcy or lack of legal capacity or of circumstances that impact the Registered User's creditworthiness or for any other reason which INDUSIND Bank thinks fit and proper.
15.2 The Registered User may request INDUSIND Bank to disable the Registered User’s ID, password or account by giving a written notice of at least 15 days to INDUSIND Bank. The termination shall take effect on the completion of the fifteenth day from the date of receipt of the notice by INDUSIND Bank.
15.3 Until suspension or termination of the Registered User’s ID takes effect, as above, the Registered User will remain responsible for any transactions entered into using the Registered User’s ID and all obligations incurred thereby or otherwise by the Registered User.
15.4 All termination notices delivered by the Registered User via e-mail or otherwise should be marked "Termination" in the subject line.
GOVERNING LAW AND JURISDICTION
16.1 The Website, the Facilities, the Terms and Conditions, all transactions entered into on or through the Website or through the availment of any Facility and the relationship between the Visitor and/or Registered User and IndusInd with the laws of India and no other nation, without regard to the laws relating to conflicts of law.
16.2 The Registered User and IndusInd Bank agree that all claims, differences and disputes (collectively, “Disputes”) arising under or in connection with or pursuant to the Website, the availment of any Facility, the Terms and Conditions, any transactions entered into on or through the Website or through the availment of any Facility or the relationship between the Registered User and IndusInd Bank shall be subject to the exclusive jurisdiction of the competent courts located in the city of Mumbai, Maharashtra, India and the Registered User hereby accedes to and accepts the jurisdiction of such courts. Notwithstanding the aforementioned, if IndusInd Bank thinks fit, IndusInd Bank may institute proceedings against a Registered User in any other court or tribunal having jurisdiction under applicable law. Disputes shall include not only claims made directly by the Visitor, but also made by anyone connected with the Visitor or claiming through a Visitor, such as a recipient of funds. Disputes include not only claims that relate directly to IndusInd Bank, but also its successors, assignees, employees, and agents, and claims for which IndusInd Bank may be directly or indirectly liable, even if it is not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the resolution of such claims must precede on an individual (non-class, non-representative) basis.
16.3 IndusInd Bank hereby disclaims all liability, direct or indirect, for non-compliance with the laws of any jurisdiction other than India. The fact that it is technologically possible to access or use the Website and avail of any Facility in any jurisdiction other India should not in itself suggest that it is legal to do so. It shall be the sole responsibility of the Visitor to verify whether the Website and the Facilities can be legally and legitimately accessed, utilized and availed in the relevant jurisdiction and the Visitor understands that by accessing, using and availing of the Website and the Facilities, he or she may be violating the local laws in India and/or such jurisdiction. Further, IndusInd Bank hereby explicitly disclaims any responsibility, direct or indirect, for non-compliance by a Visitor of the laws of any jurisdiction whatsoever.
NO WAIVER
17.1 The failure or delay of IndusInd Bank 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 IndusInd Bank shall be valid unless it is in writing signed by or on behalf of IndusInd Bank. A waiver of any right or provision by IndusInd Bank on a particular occasion shall not prevent IndusInd Bank from enforcing such right or provision on a subsequent occasion.
SEVERABILITY
18.1 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 the Visitor, Registered User, IndusInd Bank, 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 and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
LIMITATION
19.1 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
NOTICES
20.1 IndusInd Bank may give notice to the Registered User by e-mail, letter, telephone or any other means as IndusInd Bank may deem fit to the address last given by the Registered User. Notices under the Terms and Conditions may be given to IndusInd Bank by the Registered User in writing by delivering them by hand or by sending them by post to IndusInd Bank's address mentioned on the Website. IndusInd Bank may, but shall not be bound to, act upon notices and instructions given by the Registered User to IndusInd Bank by e-mail, letter, telephone or any other means as IndusInd Bank may deem fit.
20.2 In addition, IndusInd Bank may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors and/or Registered Users in a newspaper circulating in India and/or on its Website. Such notices will have the same effect as a notice served individually to each Visitor and/or Registered User.
20.3 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. IndusInd Bank shall be deemed to have duly communicated and delivered any communication or document to the Registered User if such communication or document is sent via e-mail to the e-mail address provided by the Registered User to IndusInd Bank. IndusInd Bank shall also be entitled to act on the basis of any instructions received or purported to be received by IndusInd Bank from the Registered User by e-mail or other electronic means or via the Internet. IndusInd Bank shall also be entitled (but not bound) to act upon fax instructions and communications.
MISCELLANEOUS
21.1 INDUSIND Bank may sub-contract or employ agents to carry out any functions or services relating to the Website, any Facility or any of its obligations under the Terms and Conditions.
21.2 In order to access the Website and avail of the Facilities, the Visitor will, at the registered users own cost, have to: (a) obtain access to the World Wide Web and pay any service fees, telephone charges and online service usage associated therewith, and (b) obtain access to all equipment necessary for the registered user to connect to the World Wide Web, including a computer and modem.
21.3 The content presented on or through the Website may vary depending upon the Visitor’s browser limitations and INDUSIND Bank disclaims any responsibility for the unavailability of any Facility or any error in processing of a transaction through the Website caused by the Visitor’s browser limitations.
21.4 All communications under these Terms and Conditions shall be conducted in the English language.
DEFINITIONS AND INTERPRETATIONS
In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder -
"Alliance Partner"
means any Person, other than IndusInd Bank, who displays content or offers any Facility on the Website
."Beneficiary"
means a Person whose details have been provided by the Registered User to IndusInd Bank for the transfer of funds.
"Beneficiary Bank"
means the bank in India, with whom the Beneficiary holds an Account.
"Call Centre"
means the call centre which may be set up by IndusInd Bank or a Service Provider to assist Visitors/Registered Users 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/Registered Users in respect of such Facilities.
"Facility"
means any present and future product, service or facility displayed or offered on or through or associated with the Website (whether by IndusInd Bank or by any Alliance Partner). Remittance facilities, Remittance Monitoring Facilities.
"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, herself or itself with the Website in the appropriate manner.
"Registered User Account"
means one or more accounts relating to the Registered User's position in respect of one or more Facilities.
"Registered User ID"
means the user name that is chosen by the Registered User and registered by the Website which, along with the Registered User Password, will enable the Registered User to -
(i) avail of Facilities and enter into transactions in respect of the Facilities,
(ii) access one or more Registered User Accounts, download application forms for Facilities and register a change in address; and
(iii) do such other acts as the Website may permit.
"Registered User Password"
means the password that is chosen by the Registered User and registered by the Website for access to the Website which, along with the Registered User ID, will enable the Registered User to -
(i) avail of Facilities and enter into transactions in respect of the Facilities offered on the Website,
(ii) access one or more Registered User Accounts, download application forms for Facilities change in nominee details, payments, payment of dues, bill payments, trading and make online applications register a change in address; and
(iii) do such other acts as the Website may permit.
"Service Provider"
means a Person who provides a service to IndusInd Bank in order to enable IndusInd Bank to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by IndusInd Bank.
"Visitor"
means any person who accesses or visits the Website, whether or not such person has registered himself as a Registered User.
"Website"
means the Website presently maintained by IndusInd Bank at www.IndusInd.com, www.induffastremit.com and includes the pages of the Website and any applets, software and content contained in and on the Website. In these Terms and Conditions, unless the context otherwise requires:
(a) words of any gender are deemed to include each other gender;
(b) words using the singular or plural also include the plural or singular, respectively;
(c) the terms "hereof", "herein", "hereby", "hereto" and derivative or similar words refer to this entire Website;
(d) the term "Article" refers to the specified clause of these Terms and Conditions;
(e) headings and bold typeface are only for convenience and shall be ignored for the purposes of interpretation;
(f) reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
(g) any term or expression used but not defined herein shall have the same meaning attributable to it under applicable law;
(h) references to the word "include" or "including" shall be construed without limitation.
PRIVACY POLICY
24.1 In the course of using the Website or availing the products and services vide the online application forms and questionnaires, INDUSIND Bank and its Affiliates may become privy to the personal information of Visitors (as defined in the Terms and Conditions, available elsewhere on this website), including information that is of a confidential nature.
24.2 INDUSIND Bank is strongly committed to protecting the privacy of Visitors and while it has taken all necessary and reasonable measures to protect the confidentiality of the Visitor information and its transmission through the world wide web, it shall not be held liable for disclosure of the confidential information when in accordance with this Privacy Policy or in terms of the agreements, if any, with Visitors.
24.3 INDUSIND Bank’s service provider for this service uses 128-bit encryption, which is currently the permitted level of encryption in India, for the transmission of Visitor registration and transaction requests and information. When the information provided by Visitor is not transmitted through this encryption, the Visitor’s computer system (if configured accordingly) will display an appropriate message.
24.4 INDUSIND Bank undertakes not to disclose the information provided by Visitors to IndusInd Bank and or any of its service providers, unless such action is necessary to:
- Conform to legal requirements or comply with legal process;
- Protect and defend INDUSIND Bank's or its affiliates' rights, interests or property;
- Enforce the Terms and Conditions; or
- Act to protect the interests of INDUSIND Bank, its affiliates, or its members, constituents or of other persons.
24.5 However, the Internet is an open system and INDUSIND Bank cannot, and does not, guarantee that the personal information which the Registered User furnishes will not be intercepted or accessed by others and decrypted. INDUSIND Bank, its affiliates and partners, and its and their respective directors, employees, agents and representatives shall not be liable or responsible should any confidential or other information provided by or pertaining to the Visitor (including credit card numbers, bank account numbers, passwords, personal identification numbers, IDs, transaction details, etc.) be intercepted and subsequently used by an unintended recipient.
24.6 INDUSIND Bank will limit the collection and use of Visitor information only on a need-to-know basis to deliver a high level of service to the Visitors. INDUSIND Bank may use and share the information provided by the Visitors with its affiliates and third parties for providing services and any service-related activities such as collecting subscription fees for such services, and notifying or contacting Visitors regarding any problem with, or the expiration of, such services. In this regard, it may be necessary to disclose the Visitor information to one or more agents and contractors of INDUSIND Bank and their sub-contractors, but such agents, contractors, and sub-contractors will be required to agree to use the information obtained from INDUSIND Bank only for these purposes.
24.7 Visitors authorise INDUSIND Bank to exchange, share, part with all information related to the details and transaction history of the Visitor to INDUSIND Bank’s affiliates / banks / financial institutions / credit bureaus / agencies/participation in any telecommunication or electronic clearing network as may be required by law, customary practice, credit reporting, statistical analysis and credit scoring, verification or risk management and shall not hold INDUSIND Bank liable for use or disclosure of this information.
24.8 While INDUSIND Bank has no obligation to monitor the functioning of this website, Visitors acknowledge and agree that INDUSIND Bank has the right to monitor the functioning of this 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, its affiliates and partners, and its and their respective directors, employees agents and representatives.
24.9 The records of access, instructions, transactions and other activities maintained or caused to be maintained by INDUSIND Bank 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 the Registered User and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.
