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Term & Condition

INTRODUCTION

This document is created in form of an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website..

The domain name www.myforexmoney.in (hereinafter referred to as "Website") is owned by Capital Forex Services Pvt Ltd, a company incorporated under the Companies Act, 1956 with its registered office at Shop No 155, Super Mall – 2, Opp Sankalp Restaurant, Above Crossword, Gandhinagar - 382021, Gujarat India (hereinafter referred to as Capital). The use of the Website i.e. www.myforexmoney.in (its services and tools) are governed by the following terms and conditions (these terms and conditions shall be referred to as "Terms of Use" hereinafter) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website then you shall be subjected to the policies that are applicable to the Website for such transaction. A use of the website will result into contractual obligation with Capital Forex Services Pvt Ltd and these terms and conditions including the policies constitute your binding obligations, with Capital. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a purchaser or seller on the Website by providing information and Data on the Website as required for using the computer systems. Capital allows the User to browse the Website but does not allow the user to make purchase and sale without providing the information as required from a natural or legal person for transactions on the Website or otherwise. The term "We", "Us", "Our" shall mean Capital Forex Services Private Limited for all intents and purposes, unless repugnant to the context.

When You use any of the services provided by us through the Website, You will automatically be subjected to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. Every user is advised toreview these Terms of Use periodically for updates / changes before undertaking any kind of transactions with Captial. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions or updates as the case may be. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the policies of Capital, as available as public notice on the Website or otherwise, as amended from time to time.

Use of the Website is available only to persons who can form legally binding contracts under The Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not be eligible to be a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on the Website, such use or transaction may be made by Your legal guardian or parents on the Website. Capital reserves the right to refuse to provide You with access to the Website if it is brought to our notice or if it is discovered that You are under the age of 18 years.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the present Terms of Use, We shall have the right to refuse to provide You with access to the Website.

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

The Website is created to provide facility to customers for undertaking transactions online for the purples for which Capital is allowed to undertake transactions by the regulator. Such products which customers will use to undertake transactions shall be referred to as 'Foreign Exchange Products' herein for all intents and purposes in these present terms of use, unless repugnant to the context) for their personal transactions in accordance with the applicable laws.

All booked and confirmed orders will be fulfilled subject to availability of the specifically ordered foreign exchange products. We reserve the right to change the exchange rates of the foreign exchange products basis availability for market rate orders.

BINDING TERMS FOR USER

You agree, undertake and confirm that Your use of the Website shall be strictly limited to purchase and sale of foreign exchange products Capital is allowed to undertake. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Anti Money Laundering guidelines, Prevention of Money Laundering Act, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, GST / SGST, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service.

USE OF THE WEBSITE AND SERVICES

1. By using or visiting our website, you acknowledge that by creating any kind of order or request on our website, you are explicitly giving us the permission to send out communications to you via call, email, Whatsapp messages or SMS regarding your order or regarding marketing promotions that are being carried out by us.

2. You are hereby notified that You must be well aware of the rules & regulations and the risks involved in booking foreign exchange products. We will not be held responsible for any data accessed, stolen, misused or misappropriated in any way by any third party due to unauthorized use of the Website by any third party intentionally or unintentionally.

3. You are believed to have read and to have understood these Terms as well as all eligibility criteria and other formalities applicable to the Services being offered and undertake to abide by the same and do not dispute them.

4. We shall endeavour to make all reasonable efforts to give You a hassle-free transaction of foreign exchange products for your personal use.

5. That if any discrepancy is detected in the documents furnished by You at any time of applying for foreign exchange or the details as furnished by You are found to be incomplete or inaccurate, which inaccuracy, discrepancy or error are detected at any stage of the process, or we find that execution of the order made by You is in violation of any applicable laws rules, regulations, notifications, guidelines, ordinances, amended Government Policies, RBI Bank Policies or for reasons beyond the control of Capital leading to cancellation of the transaction we shall not process the request any further and we would be fully entitled to cancel the transaction at our sole discretion without any further notice to You. In the said event the amount deposited by You for the transaction would be credited to Your Account within 30 days after deducting the applicable cancellation charges etc. and in the said event, You shall not have any right to raise any claim against us, officials, employees, In excess of which the present terms of use contain a cancellation policy for the products and services available through us, the same shall be binding in all cases of voluntary or involuntary cancelations.

6. All transactions have to be undertaken directly by the user on our website.

7. If you are transacting through us for Foreign Exchange, You have been deemed to represent that the total amount of foreign exchange purchased from or remitted through, all sources including through this service is within the prescribed limits set forth by the Reserve Bank of India (RBI) and is also as per the Exchange Control Regulations of RBI in operation at the time of the transaction and the applicable laws in force from time to time.

8. We will not be held liable for failure of Forex Travel Cards issued by Banks, Authorized dealers directly or by exchange companies associated with us including but not limited to reasons such as bank's server downtime, card not working at POS, ATM Authentication failure, PIN not working, delay in card funding for more than predefined turnaround time or any dispute, discrepancy on any transaction made using forex card etc. In all cases of service deficiency, disputes, malpractice, illegal trade practices, You must contact the issuing Bank or Authorized dealers directly. We may coordinate with Banks or Authorized dealers to facilitate better customer service without assuming any responsibility whatsoever on behalf of the bank or authorized dealers for any deficiency of service or illegal trade practices.

9. We shall not be held liable to You for non-availability of the Services for any reason including but not limited to natural calamities, legal restraints, network failure, or any other reason beyond our control.

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

TAXES

All Foreign Exchange transactions are subject to Government Taxes as applicable.

SERVICE CHRAGES

Every transaction will have levy of service charge as in force. A user is advised to keep note of it and get more clarification if needed from capital in advance before placing an order

DELIVERY CHARGES AND TURN AROUND TIME

Home delivery services will have an applicable delivery charge. A user is advised to keep note or seek more clarification if needed. A user shall note that delivery charge will be applicable for unfulfilled transactions.

Capital reserves the right to refuse home delivery for remote location. Hence a ser is advised to seek clarity on delivery option if the location is far away from respective offices of capital.

Capital shall try to fulfil home delivery within maximum time of limit of 48 hours after placing an order subject to meeting eligibility criteria.

FOREIGN EXCHANGE PRODUCTS

1. We provide an additional platform for transaction of foreign exchange products limited to currency notes and bank/authorized dealer operated Foreign Exchange Cards.

2. The above mentioned products are available on the portal. You may access the portal and select the Foreign exchange as per your needs. You may then select the mode in which you wish to purchase the foreign exchange, in form of a multi currency card, which is prepaid and reloadable, currency notes.

CANCELLATION & REFUND POLICY

In the event of You confirming eligibility to book any retail forex product including but not limited to Prepaid Forex Card or Foreign currency notes, You shall be given an option of either a MARKET RATE TRANSACTION or a FIXED RATE TRANSACTION:

I. CANCELLATION OF ORDERS AGAINST MARKET RATE ORDER (ORDERS WHERE THE RATE ISN'T FIXED):

1. In the eventuality that You select the option of a market rate Transaction, You shall be required to confirm eligibility to book a retail forex transaction but are not required to deposit any advance deposit or upfront full payment equivalent to order total to freeze transaction rates and the transaction rates applied are those that appear on the Website at the time of actual transaction.

2. Market rate orders can be cancelled by You or us by way of a written request, notifying the other concerned party of the cancellation, which shall be furnished at least 2 hours before the stated time of actual transaction or before making Full payment of the order. There is no charge for cancellation of a market rate transaction.

3. Market rate orders cannot be cancelled once the actual transaction has been executed.

4. Market rate order cancellation will be levied with cancellation charges if Full payment is already received and inventory is blocked.

II. CANCELLATION OF FIXED RATE ORDERS:

1. In case of a fixed rate order, we offer the users of the Website the opportunity to freeze the Foreign Exchange product transaction rates, as available live, online. Which means that you will receive the exact same rate that you see on the website, as frozen by you on the website, however, these fixed rates shall only be applicable if the actual transaction is executed within three working days of your order confirmation.

2. Fixed rate orders can be booked either by paying a fully refundable rate guarantee non-adjustable deposit of 2% of the booked transaction value or by making full payment upfront via Capital website while placing the order or post placing the no-obligation order. The aforementioned advance may be paid by a credit or debit card or through net banking, using our secured payment gateway or by NEFT / RTGS.

3. Fixed rates transactions require us to set your booked order, which means on you confirming a fixed rate order, we put aside inventory and hence we cannot cancel such an order, However, if such an order is found to be irregular for reasons including but not limited to non-compliance of the applicable laws, rules, regulations, notifications, ordinances or by- laws or for non-availability of supporting documents required as per RBI / FEMA guidelines or the Anti-Money laundering Guidelines of the RBI, the same will automatically be cancelled at our instance and the non-adjustable deposit payment not exceeding and up to a maximum of 2% of the transaction value as deposited by You made to us shall stand forfeited with or without any further notice whatsoever. In case of cancellations of orders with only full payment received, 2% of the order total will be deducted and remaining amount will be refunded (Payment Convenience Fee will not be refunded in any case)

4. Further, the foreign exchange products would be issued subject to Your eligibility in terms of the applicable laws, rules, regulations, bye laws, ordinances and notifications, as well as verification of the documents submitted by You. We may refuse to fulfil orders for reasons of non-compliance, suspicious transactions as required under RBI / FEMA guidelines or Anti-Money laundering Guidelines of the RBI. It is clarified that we shall not be responsible or be held liable for any damage of injury caused to You in such eventuality.

5. 2% of the order total will be deducted or forfeited from the paid amount even in following other cases where Capital is not able to execute the orders within 3 working days of the order placed:

1. Trip postponed/preponed
2. Any mandatory document isn't received
3. Actual traveller isn't available at the time of actual transaction
4. Forged or expired documents received
5. In case of encashment or unload card orders, sufficient balance on the card or currency notes aren't available
6. Wrong product selected while booking the order
7. Any incorrect/inaccurate information provided to Capital/Capital website or its employees which led to delay or cancellation of the order

PRIVACY

We consider protection of your privacy very important. We store and process Your Information including any sensitive financial information collected if any, on computers that may be protected by physical as well as reasonable technological security measures.

PAYMENT CONVENIENCE FEE:

Payment Convenience Fee throughout the website is only applicable where respective Payment Gateway levies the charge on certain payment modes and is applicable on few Payment modes as in force.

Payment Convenience Fee is every time non-refundable once payment is made by the customer.

INDEMNITY

You shall indemnify Capital and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

JURISDICTION

IN NO EVENT SHALL Capital BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

GREIVANCE OFFICER

Please get in touch with Mr. Yashesh Kothari on grievance@myforex.in for any complaints in relation to the online transaction undertaken on the website of Capital.

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