1.1 Fable Fintech Private Limited ('Fable Fintech'), is an Indian company incorporated under the Companies Act, 1956 and having its registered and its corporate office at Sai Bazaar, Level One ,Station Road, Opp. Santa Cruz Station, Santa Cruz (West), Mumbai 400054, India.
1.2 Fable Fintech operates the web sites accessible from the URL (www.remitguru.com) and (www.remitonline.info) ('Websites') 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.
1.3 These Terms and Conditions (the "Terms and Conditions") are effective as of 1st December, 2012, 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 elsewhere shall have the meanings assigned to them under the Section of this Terms and Conditions.
1.4 The user shall not be entitled to use the Website or Remittance Monitoring Facility if she / he does 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, the user agrees 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 the user visits this page on every occasion that you access or use the Website or Remittance Monitoring Facility so that she / he is aware of the Terms and Conditions that govern your use thereof. If any of the Terms and Conditions is not acceptable to the user, then the sole and exclusive remedy available is to discontinue using the Website.
1.5 Please note that Fable Fintech Private Limited at present has its physical presence in India and has no physical presence in any other country including the United Kingdom, the United States Of America or Canada.
1.6 Please note that this Remittance Service is not intended to be provided where it is prohibited under domestic laws .
2.1 The Remittance facility made available by Fable Fintech Private Limited 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 by Fable Fintech Private Limited ) and disbursed by Fable Fintech Private Limited to a bank 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 Fable Fintech Private Limited enjoys with financial institutions in the Registered User's local jurisdiction. Neither a banking relationship, nor money transmission services are intended or created, hereby or thereby, between the Registered User and / or the recipient of the remittance of the one part and Fable Fintech Private Limited or its affiliates on 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.
2.2 Fable Fintech Private Limited. 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.
2.3 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.
2.4 The content presented on or through the Website may vary depending upon the Visitor's browser limitations and Fable Fintech Private Limited 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.
2.5 All communications under these Terms and Conditions shall be conducted in the English language.
3.1 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.
4.1 Only limited access to the Website is available to non-Registered Users. Non-Registered Users are not permitted to avail of the facilities. 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 will be provided with a password.
4.2 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 judgment of or to the knowledge of Fable Fintech Private Limited., any information provided by the Registered User is untrue, inaccurate, not current, incomplete or duplicated by creating more than one user account, Fable Fintech Private Limited retains the right to terminate the Registered User's registration or additional user accounts and refuse the Registered User access to or use of the Website or any Facilities, including the cancellation of pending transactions. All the benefits will be considered as ineffective for additional user accounts including the cancellation of pending transactions. Fable Fintech Private Limited 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 Fable Fintech Private Limited of such additional information or proof.
4.3 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 Fable Fintech Private Limited shall have no obligation to verify the authenticity of any such transaction or activity. In consideration of Fable Fintech Private Limited agreeing to provide the Facilities as per the Terms and Conditions, the Registered User hereby agrees to unconditionally indemnify Fable Fintech Private Limited and hold Fable Fintech Private Limited 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 Fable Fintech Private Limited 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.
4.4 If the Registered User forgets his / her password, Fable Fintech Private Limited may, subject to verification and to its 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.
4.5 To the extent permissible by applicable law, Fable Fintech Private Limited 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).
4.6 Registered user may be provided with the information about the various products and services of the Fable Fintech Private Limited by pop ups on its website. If the Registered user is not interested to receive such information, then she / he should specify the same at the time of registering name with the Fable Fintech Private Limited at the time of availing this facility.
4.7 Customers that register with our services confirm their acceptance to receive promotional messages through email, SMS or any other communication channel. In case the registered user is not interested, then he/she should specify the same via email to Fable Fintech Private Limited or use the 'Unsubscribe' link on emails received.
5.1 Fable Fintech Private Limited 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, mise or commitment to grant or provide any Facility. While Fable Fintech Private Limited 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 Tax or any other Statutory taxes, cess or fees as may be levied by the Central, State or local Government / Statutory Authorities in India.
5.2 When a Registered User makes a request to use the Remittance 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. Fable Fintech Private Limited 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.
5.3 Registered Users acknowledge and understand that Fable Fintech Private Limited may make monetary gains when funds in foreign currency remitted by a Registered User are converted by Fable Fintech Private Limited into Indian Rupees. The foreign exchange conversion rate shown for the calculation on the Website is only an indicative rate to assist the Registered User to ascertain an approximate amount in Indian Rupees that the beneficiary recipient may receive and Fable Fintech Private Limited n no way guarantees or represents this indicative foreign exchange conversion rate will actually be applied to the foreign exchange sent by the Registered User. Fable Fintech Private Limited 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. Fable Fintech Private Limited 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.
5.4. 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 Fable Fintech Private Limited ,are in the course of remittance, or for any other period. Registered Users acknowledge and understand that, in providing the Facilities, Fable Fintech Private Limited 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.
6.1 A Registered User shall not:
a) 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.
b) restrict or inhibit any other person from accessing, using and enjoying the Website or the Facilities
c) 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 owner or other right holder thereof
d) 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
e) Post or transmit any advertisements or similar such activities amounting to unsolicited commercial communication (except as otherwise expressly permitted by Fable Fintech Private Limited) or other activities that may be objectionable to its users, like spamming or flooding etc.
f) Post or transmit any information or software which contains a virus or such harmful component
g) 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)
h) 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
i) 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 Fable Fintech Private Limited or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws
j) 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 Fable Fintech Private Limited of the same in writing
k) Disclose to any other person, in any manner whatsoever, any information of a confidential nature relating to Fable Fintech or its Affiliate Partners obtained in the course of using or accessing the Website or availing of any Facility.
7.1 Fable Fintech Private Limited 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 Fable Fintech Private Limited shall have the right verify any information provided by the Registered User and the Registered User hereby authorizes Fable Fintech Private Limited 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 Fable Fintech Private Limited Ltd 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 Fable Fintech Private Limited shall endeavour to carry out the requests received under the Facilities. However, Fable Fintech Private Limited 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 Fable Fintech Private Limited 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. Fable Fintech Private Limited 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. Fable Fintech Private Limited 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 Fable Fintech Private Limited 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 Fable Fintech Private Limited may in its sole discretion restrict the availability of the facility to any country, state, territory or jurisdiction.
7.8 Fable Fintech Private Limited 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 Fable Fintech Private Limited.
8.1 Several of the facilities mentioned or offered on or through the Website are provided by third party service providers and Fable Fintech Private Limited. makes no warranty on behalf of such third parties. Fable Fintech Private Limited 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 Fable Fintech Private Limited shall not be liable or responsible for the same in any manner. The Registered User shall have no claim, rights or remedies whatsoever against Fable Fintech Private Limited 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 Fable Fintech Private Limited liable for any loss or damage of any sort incurred as a result of any such dealings with any service provider.
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. Fable Fintech Private Limited may discontinue, modify, change, and alter any of the features of the Facility at its sole discretion.
9.1 Remittance Facility
9.1.1 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 Fable Fintech Private Limited by use of Fable Fintech Private Limited's web technology platform. Fable Fintech Private Limited shall shall, under the Remittance Facility, convert the funds received through the correspondent bank into Indian Rupees and remit it to the beneficiary in India as instructed by the Registered User.
9.1.2 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 Fable Fintech Private Limited account. Thereafter, after deducting the appropriate charges / fees as may be applicable at the time of remittance, the money will be remitted to the bank account in India designated by the Registered User.
9.1.3 While it shall be Fable Fintech Private Limited endeavour to adhere to the time schedule indicated by it on the Website, Fable Fintech Private Limited 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.
9.1.4 In the event the funds are for any reason required to be redirected to another account / location, or any other additional service is required, Fable Fintech Private Limited shall levy additional charges and remit the amount after deducting such additional charges.
9.1.5 Fable Fintech Private Limited 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 or failure on the part of third party service provider to fulfil their obligations. Fable Fintech Private Limited will, however, use reasonable efforts to assist the Registered User in contacting Fable Fintech Private Limited or any third party to facilitate resolution of such queries, claims and disputes.
9.1.6 The Registered User hereby authorizes Fable Fintech Private Limited 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.
9.1.7 The Registered User hereby agrees that, where Fable Fintech Private Limited so deems advisable or necessary as per its due diligence criteria, Fable Fintech Private Limited may hold the money (to be remitted to India) for longer than the usual time for remittance, and may delay the remittance.
9.1.8 The Registered User hereby agrees that Fable Fintech Private Limited 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 Fable Fintech Private Limited shall not be responsible for any delay or default on the part of such financial institution.
9.1.9 The 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 a specified time period (such as 60 calendar days in the US) 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 Fable Fintech Private Limited, who in turn, reverse the credit given to Fable Fintech Private Limited as unauthorised or for any other reason at any time within the specified time period, Fable Fintech Private Limited 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.
9.1.10 The Registered User hereby agrees that the purpose of the remittances shall be in consonance with the laws of India including that of Foreign Exchange Management Act (FEMA) and / or RBI regulations as applicable in India at the time of remittance monitoring facility availed by the Registered User. Remittance Facility will be strictly for personal use only and / or not towards any commercial transactions. Fable Fintech Private Limited shall not be responsible if any transactions of a commercial nature are processed.
9.1.11 The Registered User shall provide to Fable Fintech Private Limited all the information as may be required, in absence of which Fable Fintech Private Limited shall not be liable to permit the Registered User to avail of the Remittance Facility.
9.1.12 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 Fable Fintech Private Limited indemnified for any such violation.
9.1.13 The Registered User undertakes to inform Fable Fintech Private Limited, 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.
9.1.14. 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. The user could refer to the FEMA regulations on the URL - http://www.rbi.org.in/scripts/Fema.aspx
9.1.15 Fable Fintech Private Limited shall not be responsible for any erroneous credit, if an erroneous Beneficiary details provided by the Registered User to Fable Fintech Private Limited shall not be responsible for an erroneous credit, if an erroneous amount is provided by the Registered User to able Fintech Private Limited and Fable Fintech Private Limited shall not be liable to reverse such erroneous credit from the Beneficiary.
9.1.16 Fable Fintech Private Limited shall process the remittance as requested by the Registered User as per the limits and the frequencies as stipulated herein below:
| Minimum amount per transaction | 50.00 GBP |
| Maximum amount per transaction | GBP 8,000 |
| Daily transaction count limit: | 5 |
| Daily transaction amount limit: | 40,000.00 GBP |
| Monthly total count limit: | 10 |
| Monthly total amount limit: | GBP 80,000 |
| Minimum amount per transaction | 50.00 CAD |
| Maximum amount per transaction | 5,000.00 CAD |
| Daily transaction count limit: | 5 |
| Daily transaction amount limit: | 15,000.00 CAD |
| Monthly total count limit: | 10 |
| Monthly total amount limit: | 30,000.00 CAD |
| Minimum amount per transaction: | 50.00 EUR |
| Maximum amount per transaction: | 8,000.00 EUR |
| Daily transaction count limit: | 5 |
| Daily transaction amount limit: | 40,000.00 EUR |
| Monthly total count limit: | 10 |
| Monthly total amount limit: | 80,000.00 EUR |
| Minimum amount per transaction: | 50.00 EUR |
| Maximum amount per transaction: | 8,000.00 EUR |
| Daily transaction count limit: | 5 |
| Daily transaction amount limit: | 40,000.00 EUR |
| Monthly total count limit: | 10 |
| Monthly total amount limit: | 80,000.00 EUR |
| Minimum amount per transaction: | 50.00 SGD |
| Maximum amount per transaction: | 20,000.00 SGD |
| Daily transaction count limit: | 5 |
| Daily transaction amount limit: | 50,000.00 SGD |
| Monthly total count limit: | 10 |
| Monthly total amount limit: | 2,00,000.00 SGD |
9.1.17 The Registered User agrees and understands that there could be a delay in sighting the funds if the funds transfers are not done by the Registered User on time, as the transaction data capture is separate from the actual funds transfer. The Registered User shall ensure that adequate funds are arranged for within five (7) working days, failing which Fable Fintech Private Limited shall be entitled to refuse processing the transaction. Fable Fintech Private Limited shall in its sole discretion levy charges including that levy of the return charges as deemed fit by it from time to time.
The Registered User agrees and understands that in the event of the transaction to be returned after conversion, the reconversion shall be done at the rates as deemed fit by Fable Fintech Private Limited shall in its sole discretion levy charges including that levy of the return charges as deemed fit by it from time to time. 9.1.18 The Registered User agrees and understands that in the event of the transaction to be returned after conversion, the reconversion shall be done at the rates as deemed fit by Fable Fintech Private Limited Fable Fintech Private Limited shall in its sole discretion levy charges including that levy of the return charges as deemed fit by it from time to time.
9.1.19 In Canada, only NRIs are allowed to use Remitguru. You must hold a valid Indian passport to qualify as a NRI.
10.1 Fable Fintech Private Limited 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. Fable Fintech Private Limited , 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.
10.2 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.
11.1 By agreeing to the Terms and Conditions, the Registered User and the Visitor consents to Fable Fintech Private Limited’s Privacy Policy, a copy of which may be found elsewhere on the Website.
11.2 Each Visitor and the Registered User irrevocably and unconditionally authorises Fable Fintech Private Limited 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 Fable Fintech Private Limited Privacy Policy, all information submitted on or via the Website shall be deemed to be and remain the property of Fable Fintech Private Limited and Service Providers and Fable Fintech Private Limited 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. Fable Fintech Private Limited 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. Fable Fintech Private Limited 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.
12.1 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 service provider or the beneficiary of the one part and Fable Fintech Private Limited or any 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 Fable Fintech Private Limited and neither does it constitute or create a fiduciary or escrow capacity between the Visitor or the beneficiary and Fable Fintech Private Limited. Funds held while processing a remittance payment request are not insured by any government authority.
13.1 Each Visitor and/or Registered User agrees to defend, indemnify and hold Fable Fintech Private Limited, 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.
14.1 The Registered User acknowledges and agrees that Fable Fintech Private Limited 's 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 Fable Fintech Private Limited, in it sole discretion, believes violates any of the Terms and Conditions, violates the rights of , Fable Fintech Private Limited or is otherwise inappropriate for continued access, or if Fable Fintech Private Limited 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 Fable Fintech Private Limited thinks fit and proper.
14.2 The Registered User may request Fable Fintech Private Limited to disable the Registered User's ID, password or account by giving a written notice through his registered e mail id or by calling the customer service centre. Fable Fintech Private Limited will do the needful on a best effort basis taking at least 15 working days to act upon the request. The termination shall take effect on a best effort basis on the completion of the fifteenth working day from the date of receipt of the notice by Fable Fintech Private Limited. The registered user could also cancel his access himself on the website.
14.3 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.
14.4 All termination notices delivered by the Registered User via e-mail or any other secured medium as indicated by the Bank, should be marked "Termination" in the subject line.
15.1 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 Fable Fintech Private Limited with the laws of India and no other nation, without regard to the laws relating to conflicts of law.
15.2 The Registered User and Fable Fintech Private Limited 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 Fable Fintech Private Limited 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 Fable Fintech Private Limited thinks fit, Fable Fintech Private Limited 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 Fable Fintech Private Limited, but also its successors, assignees, employees, and agents, and claims for which Fable Fintech Private Limited 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.
15.3 Fable Fintech Private Limite 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 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, Fable Fintech Private Limited. Ltd hereby explicitly disclaims any responsibility, direct or indirect, for non-compliance by a Visitor of the laws of any jurisdiction whatsoever. hereby explicitly disclaims any responsibility, direct or indirect, for non-compliance by a Visitor of the laws of any jurisdiction whatsoever.
16.1 The failure or delay of Fable Fintech Private Limited 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 Fable Fintech Private Limited shall be valid unless it is in writing signed by or on behalf of Fable Fintech Private Limited. A waiver of any right or provision by Fable Fintech Private Limited on a particular occasion shall not prevent Fable Fintech Private Limited from enforcing such right or provision on a subsequent occasion.
17.1 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, Fable Fintech Private Limited , 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.
18.1 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
19.1 Fable Fintech Private Limited may give notice to the Registered User by e-mail, letter, telephone or any other means as Fable Fintech Private Limited may deem fit to the address last given by the Registered User. Notices under the Terms and Conditions may be given to Fable Fintech Private Limited by the Registered User in writing by delivering them by hand or by sending them by post to Fable Fintech Private Limited 's address mentioned on the Website. Fable Fintech Private Limited. Ltd may, but shall not be bound to, act upon notices and instructions given by the Registered User to Fable Fintech Private Limited by e-mail, letter, telephone or any other means as Fable Fintech Private Limited may deem fit.
19.2 In addition, Fable Fintech Private Limited 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.
19.3 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. Fable Fintech Private Limited shall be deemed to have duly communicated 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 Fable Fintech Private Limited. Fable Fintech Private Limited shall also be entitled to act on the basis of any instructions received or purported to be received by Fable Fintech Private Limited from the Registered User by e-mail or other electronic means or via the Internet. Fable Fintech Private Limited shall also be entitled (but not bound) to act upon fax instructions and communications.
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 Fable Fintech Private Limited , who displays content or offers any Facility on the Website.
"Beneficiary"
means a Person whose details have been provided by the Registered User to Fable Fintech Private Limited Ltd 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 Fable Fintech Private Limited 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 Fable Fintech Private Limited 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 Fable Fintech Private Limited in order to enable Fable Fintech Private Limited to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by Fable Fintech Private Limited.
"Visitor"
means any person who accesses or visits the Website, whether or not such person has registered himself as a Registered User.
"Website"
www.remitguru.com and www.remitonline.info 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.
1.1 The Website, all information on or available through the Website and theFacilities provided by Fable Fintech Private Limited 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.
1.2 Although Fable Fintech Private Limited 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 Fable Fintech Private Limited disclaims liability arising from any such acts or occurrences. Furthermore, while Fable Fintech Private Limited takes reasonable precautions to avoid such eventualities, the Registered User understands that communications through Internet are not always secure and agrees that Fable Fintech Private Limited shall not be responsible for any unauthorised or illegal interception of e-mail or other communication to or from Fable Fintech Private Limited
1.3 Information and Facilities on the Website may be displayed and offered in a phased manner at the discretion of Fable Fintech Private Limited. Fable Fintech Private Limited 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 Fable Fintech Private Limited 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 Fable Fintech Private Limited, and Fable Fintech Private Limited 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.
1.4 Fable Fintech Private Limited 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.
1.5 Fable Fintech Private Limited operates and offers the Website and the Facilities strictly on a no liability and no-obligation basis as regards Fable Fintech Private Limited, and Fable Fintech Private Limited 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.
1.6 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 Fable Fintech Private Limited to the Registered User shall not exceed the amount of fees paid/payable by the Registered User to Fable Fintech Private Limited for the Facilities availed by the Registered User through the Website.