This Agreement is a contract between you and Fxkart and applies to your use of the Fxkart services (the "Services").
By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement (including all policies) for your records.
This document is 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.
Please read this Agreement carefully and make sure that you understand it fully before using the Services.
Collection of Personally Identifiable Information and other Information
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website.
We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
We use data collection devices such as 'cookies' on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. 'Cookies' are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a 'cookie'.
Cookies can also help us provide information that is targeted to your interests. Most cookies are 'session cookies,' meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.
If you transact with us, we collect some additional information, such as a billing address, other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.
The domain name www.Fxkart.com (hereinafter referred to as "Website") is owned by Fxkart.COM FZ LLC a company incorporated under the Creative City – Media Free Zone with its registered office at Level 14, Boulevard Plaza Tower 1, Sheikh Mohammed Bin Rashid Boulevard Downtown Dubai, P O Box 334036 Dubai, United Arab Emirates (hereinafter referred to as "Fxkart").
- Foreign exchange transactions are subject to a maximum transaction limit as prescribed by the RBI in respect of sale/purchase of forex.
- The rates provided to you on Fxkart.com are from the money changers directly and are a representative of the macro-economic conditions and the cost structure of the money changer.
- The quotes provided by Fxkart.com are valid for that point in time only, within which you need to confirm the quote. Post confirmation the agreed rate will be valid for a period of 4 hours or till the prescribed cut off time as communicated on transaction emails.
- The quotes provided by Fxkart.com are exclusive of any government tax like service tax, charges and levies which will be charged at actuals.
- Any requirement received during non-working hours will be attended to on the next morning.
- In case you have a requirement of more than one currency, then you will have to place separate requests for each currency.
- Once you have placed a requirement for a certain currency, you will not be able to place another requirement for the same currency when the previous request is in process.
- You are required to provide proof of identity, proof of residence and proof of travel or any other documentation to the money changers as required by the RBI in order to buy/sell of Forex.
- If you wish to amend/ change a transaction which has already been submitted on Fxkart.com, first you will need to cancel the transaction and then re-book a new one on Fxkart.com.
- You expressly agree that your contact details can be shared with the money changers who will service your transaction. Additionally your contact details can be used to provide you with any information about Fxkart.com.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including 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 register as a User of the Fxkart website and shall not transact on or use the website.
As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Fxkart reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Fxkart's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
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.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Fxkart is not and cannot be a party to or control in any manner any transaction between the Website's Users.
- All commercial/contractual terms are offered by and agreed to between Customers and Forex dealers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to services and after sales services. Fxkart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and Forex Dealers.
- Fxkart is not responsible for any non-performance or breach of any contract entered into between Customers and Forex Dealers. Fxkart cannot and does not guarantee that the concerned Customers and Forex Dealers will perform any transaction concluded on the Website. Fxkart shall not and is not required to mediate or resolve any dispute or disagreement between Customers and Forex dealers. Fxkart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- Fxkart does not at any point of time during any transaction between Customer and Forex dealers on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Forex dealers to Customers.
- At no time shall Fxkart hold any right, title or interest over the products nor shall Fxkart have any obligations or liabilities in respect of such contract entered into between Customers and Forex Dealers. Fxkart is not responsible for unsatisfactory or delayed performance of services or delays as a result of currencies which are out of stock, unavailable or back ordered.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Forex Dealers that You transact with.
- You release and indemnify Fxkart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
- This service is only available for Indian Nationals residing in India.
- Forex rates provided on our platform are indicative and are subject to change as per the international market trading scenarios. The final rate applicable to your transaction will be the rate prevailing at the time your money reflects with the authorized money-changer.
- Fxkart.com is a service provider and does not own any of the products sold on its platform
Payments, Cancellations and Refunds
Fxkart.com and its affiliates being marketplaces for Foreign Exchange rate discovery may collect payment in part or in full for foreign exchange services on behalf of its partner money changers. Money changers are the executers of all such transactions and all payments collected are routed through to moneychanger’s bank accounts, less service fee (if applicable) levied by Fxkart.com.
By paying on the platform, Customer/Entity completing the payment explicitly agrees that the payment for the foreign exchange is being made from his/her/the entity's own funds and that all persons availing forex will be available to sign invoice and documents at the time of transaction execution.
For transactions cancelled on customer's request or non-compliance of the KYC Regulations by the customer, the amount will be refunded after deduction of payment gateway charges and cancellation charges (if applicable).
Payment Gateway charge is a fee also known as 'Merchant Service fee', and is applicable for all transactions where customer makes payment online. Currently this fee varies from one mode of payment to another and is subject to change as decided by respective Payment Gateway.
Cancellation charges are arrived at by Fxkart.com in consultation with the respective moneychanger (executer of the transaction) and shall cover any losses which might be incurred by either party. Refunds are processed within 7 working days of receiving a request from the customer.
Membership on the Website is free for Customers. Fxkart does not charge any fee for browsing and buying on the Website. Fxkart reserves the right to change its Fee Policy from time to time. In particular, Fxkart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Fxkart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Fxkart.com FZ LLC.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- Interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- Harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Fxkart, Fxkart, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Fxkart or Forex Dealers on platform or otherwise tarnish or dilute any Fxkart's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Fxkart's systems or networks, or any systems or networks connected to Fxkart.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under 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, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website. 15. Fxkart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Fxkart make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Fxkart is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Fxkart and products are sold by respective Forex Dealers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.
Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Fxkart respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Fxkart at firstname.lastname@example.org.
Fxkart we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.