TERMS AND CONDITIONS

 
1.1 Times of Money Limited ("TOML"), is a limited liability company incorporated in India under the Companies Act, 1956. TOML presently has its registered office at 4th Floor, Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel (W) Mumbai 400013, India. TOML in alliance with the partner 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 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, in alliance with the partner bank, 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, 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 -

"DircPay "DirecPay is a bank neutral payment gateway aggregator exclusively for online businesses."Alerts" means notices relating to various matters issued or to be issued by TOML, in alliance with partner, to you from time to time.

"Facility" means any present and future product, service or facility displayed or offered on or through the Website (whether by TOML or by anyone included in the term DirecPay) and includes remittance facilities, Alerts.

"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 Limited, a limited liability company incorporated in India under the Companies Act, 1956, and includes its successors and assigns.

"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, maybe in alliance with a partner, and includes the pages of the Website and any applets, software and content contained in the Website.

"The Merchant" means any person/Organisation selling goods online and willing to accept payments for the products sold through the DirecPay account.
 
2.2 Interpretation In the Terms and Conditions, unless repugnant to the context or meaning thereof, -
 
3 WEBSITE
 
3.1 The Website primarily facilitates the display and offering of Facilities by DirecPay 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 DirecPay shall have the right to from time to time in its discretion to 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 at least 18 years of age, who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons, or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the Terms and Conditions and to access, use and avail of the Website and the Facilities. If you do not qualify, please do not access or use the Website or the Facility.
 
4.2 The site can be accessed citizens of India or citizens of other countries staying in India at the time they register and accept the Terms and conditions. The use and avail of the Website and the Facilities only to the extent the domestic laws of India.
 
4.3 TOML and DirecPay reserve the right to allow users to Sign up for the service and make transactions on DirecPay.com as per the user details given to DirecPay. TimesofMoney and DirecPay may ask for additional information post registration from any user in order to enable them for transactions on the portal.
 
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 -
 
a. to provide true, accurate, current and complete information about yourself as prompted by the registration form on the Website, and
b. 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, and DirecPay, for any losses caused to TOML, or DirecPay, due to any information provided by you to TOML, or DirecPay, being untrue, inaccurate, not current or incomplete in any respect, and TOML, or DirecPay, shall not be responsible for any losses sustained by you due to any information provided by you to TOML, or DirecPay, being untrue, inaccurate, not current or incomplete in any respect. If any information provided by you is untrue, inaccurate, not current or incomplete, TOML, in alliance with the partner, 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 DirecPay, and hold TOML, and DirecPay, harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorised access and use. Without prejudice to the aforesaid, you agree to immediately notify TOML via e-mail and Registered Post AD, of any suspected loss, theft, unauthorised usage of the ID or password, any other breach of security, or any receipt by you of confirmation of a transaction, fund or securities transfer or other activity which you did not authorise; or any inaccurate information in your account balances, securities positions or transaction history and ensure that you logout from your account at the end of each session.
 
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, and DirecPay, shall have no obligation to verify the authenTOMity of any such transaction or activity. TOML, and DirecPay, 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, and DirecPay, 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 -
 
i. Restrict or inhibit any other person from accessing,using and enjoying the Website or the Facilities
ii. Use the Website for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions;
iii. 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;
iv. 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;
v. 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;
vi. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
vii. 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);
viii. Ppload, 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;
ix. # 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;
x. Attempt to decompile or reverse engineer any of the software available on the Website.
xi. 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 Specifically you shall not use TOML or DirecPay to enable payments for the following:-
   
 
1 Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services
2 Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne
3 Body parts which includes organs or other body parts
4 Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam)
5 Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
6 Child pornography which includes pornographic materials involving minors
7 Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
8 Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
9 Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
10 Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
11 Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
13. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles
16. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property
17. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal l a c t s
18. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
19. Offensive goods which includes literature, products or other materialsthat: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
20. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
21. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner
22. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances
23. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
24. Securities which includes stocks, bonds, or related financial products
25. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
26. Traffic devices which includes radar detectors/hammers, license plate covers, traffic signal changers, and related products
27. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
28. Wholesale currency which includes discounted currencies or currency exchanges
29. Live animals
30. Multi Level Marketing collection fees
31. Matrix sites or sites using a matrix scheme approach
32. Work-at-home information
33. Drop-shipped merchandise
34. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India
 
6.3 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.
 
6.4 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, or DirecPay, 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,or DirecPay. 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 DirecPay shall have the right to, and you hereby authorise TOML and DirecPay to, verify any information provided by you.
 
7.5 TOML shall endeavor to take reasonable measures, which may include encryption, to ensure that your personal information is not disclosed to any person except to TOML, TOM, 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, and DirecPay, cannot, and does not, guarantee that the personal information which you furnish will not be intercepted or accessed by others and decrypted. TOML, DirecPay 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 TOML reserves the right at its sole and absolute discretion to offer or reject its facility/services to any of the merchant/visitor without assigning any reason.
 
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, or DirecPay, 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, or DirecPay, 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, or DirecPay, 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 TOML 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, or DirecPay, 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 or DirecPay 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 s page, 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 or DirecPay, 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, or DirecPay, shall endeavour that your instructions and your transactions pursuant to Facilities provided by TOML, or DirecPay, are communicated, carried out and/or performed promptly, TOML, or DirecPay, does not guarantee that any instructions will definitely be communicated or carried out or that any transactions will definitely be performed; and TOML, or DirecPay, 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, or DirecPay, 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, or DirecPay, 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 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 TOML 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 DirecPay or TOML's claims against them.
 
8.13 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.
 
8.14 Links from the Web Site -
 
8.14.1 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, or DirecPay, and TOML, or DirecPay, assumes no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise. TOML, or DirecPay, also does not represent or warrant that these links shall operate satisfactorily. TOML, or DirecPay, provides these links only as a convenience and links to external web sites do not constitute an endorsement by TOML, or DirecPay, of such other sites, the sponsors of such sites or the content, products, advertising or other materials presented on or by such sites. TOML, or DirecPay, 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.
 
9. TERMS OF SUPPLY OF FACILITIES - GENERAL
 
9.1 The Website primarily facilities the display and offering of Facilities by third parties ("Merchants") 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 DirecPay (in association with 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 merchant 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 merchant. You may be billed for these Facilities by the merchant, and the merchant 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 DirecPay partner to DirecPay partner and Facility to Facility. You should obtain the full text of such terms and warranties from the respective merchant.
 
9.2 Where any Facility is provided by TOML, in alliance with the partner. It is expressly mentioned on the Website. TOML and DirecPay, offers facilities strictly on a no liability basis. Accordingly, while TOML and DirecPay, shall endeavour to offer such Facilities as per their terms, no claim shall lie against TOML and DirecPay, and TOML and DirecPay 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, or DirecPay, 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 DirecPay partner and TOML.
 
9.5 If you wish to avail of a Facility, you may be asked by DirecPay 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 DirecPay 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 DirecPay partner.
 
9.6 DirecPay 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 DirecPay 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, or DirecPay, 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 India. By offering Facilities on this website, TOML or DirecPay (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.
 
9.11 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 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.
 
9.12 The actual funds corresponding to the user's DirecPay balance is in the custody of our partner banks.
 
10. REMITTANCE FACILITY
 
10.1 Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of this Facility, on it being made available, will allow purchases of goods & services online. This facility is a technology platform for a facility that enables remitting services within India.TOML shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, payment to the beneficiaries of the remittances or any other query, claim or dispute. TOML will, however, assist you in contacting the Bank /Merchant to facilitate resolution of such queries, claims and disputes to the best of TOML's ability. The above terms and conditions are in addition to the additional terms and conditions relating to the Facility appearing elsewhere on this Website or otherwise now or hereafter agreed or deemed to be agreed by you.
 
11. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
 
11.1 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, dpimages, 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 DirecPay 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, DirecPay 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.
 
12 AUTHORITY TO TOML
 
12.1 You irrevocably and unconditionally authorise TOML, and DirecPay, 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.
 
13. NO AGENCY
 
13.1 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, DirecPay or any Service Provider, except where otherwise specifically agreed or appointed.
 
14 NO OBLIGATION FOR MAINTENANCE
 
14.1 TOML, or DirecPay, 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, DirecPay, 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.
 
15. INDEMNITY
 
15.1 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.
 
16 TERMINATION
 
Termination by TOML/Website -
 
16.1 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.
 
16.2 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 -
 
16.3 You may request for termination of this Facility at any time by giving a written notice of at least 90 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.
 
17 GOVERNING LAW & JURISDICTION
 
17.1 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.
 
17.2 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.
 
17.3 TOML and DirecPay, accept 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.
 
17.4 Subject to the other Terms and Conditions and applicable law, the Website and the Facilities are offered to residents of India.
 
18 NO WAIVER
 
18.1 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.
 
19 SEVERABILITY
 
19.1 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 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.
 
20 LIMITATION
 
20.1 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.
 
21 NOTICES
 
21.1 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
 
21.2 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).
 
21.3 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.
 
22 MISCELLANEOUS
 
22.1 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.
 
22.2 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.
 
22.3 TOML may from time to time send by e-mail or otherwise, information relating to products and services offered by it or by TOM or any other entities, the Facilities, general information related to financial and other services, advertisements of various products and services etc. to you.
 
22.4 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.
 
22.5 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.
 
22.6 The content presented at the Website may vary depending upon your browser limitations.
 
22.7 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.
 
23 CHARGE BACK
 
23.1 A refund that is forced by a Credit Cardholder's and Credit Card company is known as charge back. This occurs when a cardholder decides to formally dispute a charge on his/her Credit Card bill, usually because someone else fraudulently used that card number. Credit Cards Permit Chargeback's As per VISA & MASTERCARD rules any online transaction can/may also be revoked or refuted by a customer to a Sub Merchant via his card-issuing bank for the following reasons. This is allowable for up to 6 months from date of the transaction.A CHARGEBACK CAN ONLY BE REVERSED IF THE CREDIT CARD HOLDER FORMALLY INFORMS HIS/HER BANK OR CREDIT CARD ISSUING INSTITUTION THAT HE/SHE WILL ACCEPT THE DISPUTED CHARGE.
 
24 SPECIAL OFFERS & PROMOTIONS
 
  From time to time, TOML runs special offers and promotions at its discretion. Customers can avail of the same subject to certain conditions:

Scope:TOML will decide on the geographies and/or currencies for which the offer is valid

Tenure: The tenure of the offer would be for a limited period and the same would be at the discretion of TOML

Multiple Offers: If, at any point of time, there are multiple offers running, only one of them can be availed. No individual offer can be availed of more than once.

Further to the above, TOML reserves the right to cancel, modify or postpone any offer or promotion without any prior notification. All decisions of TOML, relating to the offer or promotion, will be final and binding. TOML reserves the right of not entertaining users/customers providing inaccurate details. Only users/customers accurately indicating all details and having a valid and existing email id, will be eligible for claiming any offer or participating in the promotion.

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