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. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.bookmyforex.com (hereinafter referred to as "Website") is owned by BookMyForex Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Unit 662 - 664, JMD Megapolis, Sohna Road, Sector - 48, Gurgaon 122018, Haryana India (hereinafter referred to as “BookMyForex” or “BMF”). Both terms, ‘BookMyForex’ and ‘BMF’, are an integral part of BookMyForex Pvt. Ltd’s business and are protected under the intellectual property rights law of India. BMF and BookMyForex form part of the logo of the Website and business operated by BookMyForex Pvt. Ltd. Infringement of any right, accrued to BookMyForex qua our intellectual property, shall be subject of prosecution, for which you are hereby deemed to be notified.
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. BookMyForex 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.
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.
BookMyForex is not and cannot control in any manner the actual transaction (The stage of the final execution of the confirmed transaction, wherein the channel partner physically or digitally hands over the forex/currency as confirmed to the user in the order shall be termed as ‘actual transaction’.) between the Website's Users and its channel partners(The Banks and other financial institutions, which are registered with the RBI for the purpose of foreign exchange and are further associated with BookMyForex for facilitation of transactions qua foreign exchange products for the user shall be referred to as ‘channel partners’ herein, this term shall also include the foreign exchange branch of BookMyForex registered with the RBI.).
BookMyForex is not responsible for any non-performance or breach of any contract entered into between the users and our channel partners. BookMyForex cannot and does not guarantee that the concerned channel partner will perform any transaction concluded on the Website if the transaction is a no-obligation transaction. BookMyForex shall not and is not required to mediate or resolve any dispute or disagreement between the user and the channel partner, if there is any dispute between the channel partner and the user then the user or channel partner must endeavor to communicate directly and resolve such issues with the channel partner or user respectively.
You release and indemnify BookMyForex and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the channel partners and other users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, BookMyForex cannot take responsibility or control the actual transaction between the user and the channel partner.
The completion of all booked and confirmed orders placed by the user are subject to availability of the specifically ordered Foreign Exchange products. In case of No-obligation orders we reserve the right to change the transacting rates of the Foreign Exchange Products on the basis of the availability of the specifically ordered Products at the time of actual transaction.
You agree, undertake and confirm that Your use of the 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, the user, does not have any right to host, display, upload, modify, publish, transmit, update or share;
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, 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, believe 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, defense, 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.
is false, inaccurate or misleading;
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, code 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 and refuse access for the safety of other users and their privacy.
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, devices or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate and/or illegal 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 use reverse look-up, trace or seek to trace any information on any other User or visitor of the Website, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way for any purpose including the purpose 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 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 sent 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 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, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and our channel partner’s listing, purchase, solicitation of offers to purchase, and sale. 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 and along with their amendments.
BookMyForex 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 any act in contravention of any law or causing any harm to BookMyForex or our channel partners or our users.
By using the Website, You acknowledge that by creating or booking an order on the Website, You are explicitly giving us the permission to send out communications to You and our channel partners via email or SMS regarding Your order or regarding marketing promotions that are being carried out by us.
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.
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.
We shall endeavor to make all reasonable efforts to give You a hassle-free transaction of foreign exchange products for your personal use, however, we are not agents of any Bank or any currency exchange company and will not be responsible for the actual transaction between users and channel partners including but not limited to losses incurred by users on account of delay in service, soiled Bank notes, counterfeit Indian Currency, soiled or/and counterfeit foreign currency notes exchanged between the user and the channel partners or any other discrepancy or dispute that may arise between the channel partner and the user on account of channel partner's standards and flaws in order of processing by the channel partner associated with us.
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 the channel partner finds 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 BookMyForex or our channel partner leading to cancellation of the transaction our channel partner shall not process the request any further and they would be fully entitled to cancel the transaction at their sole discretion without any further notice to the 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 or any of our agents, officials, employees or assigns or our channel partner or any of their agents, officials, employees or assigns.
We would not, under any circumstance, be liable for any transactions executed by the user on websites hosted by any third party.
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.
We will not be held liable for failure of Forex Travel Cards issued by Banks, channel partners directly or by exchange companies associated with us as channel partners 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 Financial institution directly. We may coordinate with Banks or Exchange companies to facilitate better customer service without assuming any responsibility whatsoever on behalf of the channel partners or exchange companies for any deficiency of service or illegal trade practices.
We shall not be held liable for any act done by our officers, employees, representatives, assigns, agents etc. which is beyond the scope of their employment or regular course of duty. We do not charge any commission or extra fee for the purposes of expediting your transactions. We shall not be liable for any person including our officers, employees, representatives, assigns, agents or the officers, employees, representatives, assigns, agents of our channel partners misrepresenting the same to you by illegally or inappropriately rendering any services not offered on the website, you are advised to report such incidents, with full details, at the earliest to the grievance officer.
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.
Offers/Schemes provided by/on the Website are exclusively for users of the Website, and are applicable only under specific circumstances as may be elucidated and 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.
We shall not be liable in any case of non-applicability of third party offers listed on the Website. The User agrees to read all terms and conditions regarding the specific scheme/offer in operation at the relevant time before applying.
Break-up of Applicable Service Tax on each Foreign Exchange
Transaction as per the guidelines by Reserve Bank Of India:
Order size(Gross) to Rs.1,00,000/- 0.15% of the gross amount of currency exchanged subject to a minimum amount of Rs.37.5/-. The minimum amount of service tax to be paid is Rs.37.5/- irrespective of transaction value up to Rs.25,000/-
Order size(Gross) > Rs.1,00,000 up to Rs.10,00,000/- Rs.150/-PLUS (+) 0.075% of the gross amount of foreign currency exchanged in excess of Rs.1,00,000/-
Order Size(Gross) > Rs.10,00,000/- Rs.825/-PLUS (+) 0.0145% of the gross amount of foreign currency exchanged in excess of Rs.10,00,000/- Rs.825/- (total of first and second slab above) PLUS (+)0.015% of the amount in excess of Rs.10,00,000/-
Service tax rates, rules may change from time to time, our channel partners will charge applicable service tax. While efforts will be made to update amendments in service tax on the Website, we take no responsibility if the latest amendments are not immediately updated on the Website.
In the event of You confirming eligibility to book a retail forex or an outward remittance transaction You shall be given an option of either a NO-OBLIGATION TRANSACTION or a FIXED RATE TRANSACTION:
CANCELLATION OF ORDERS AGAINST NO-OBLIGATION TRANSACTIONS (ORDERS WHERE THE RATE ISN'T FIXED):
In the eventuality that You select the option of a No-obligation Transaction, You shall be required to confirm eligibility to book a retail forex / outward remittance transaction but are not required to deposit any advance payment to freeze transaction rates and the transaction rates applied are those that appear on the Website at the time of actual transaction.
No-obligation orders can be canceled by You or us or our channel partners 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. There is no charge for cancellation of a no-obligation transaction.
No obligation orders cannot be cancelled once the actual transaction has been executed.
CANCELLATION OF FIXED RATE ORDERS:
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 two working days of your order confirmation.
Fixed rate orders can be booked by paying a fully refundable rate guarantee advance of 2% of the booked transaction value. This advance may be adjusted or refunded to you in terms of your confirmed 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.
Fixed rates transactions require us to solidify your booked order, which means on you confirming a fixed rate order, we place back-to-back orders to freeze rates for you with our trusted channel partners 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 canceled at our instance or by our channel partner and the advance payment not exceeding and up to a maximum of 2% of the transaction value as deposited by You made to us shall stand forfeited without any further notice whatsoever.
You are hereby deemed to have been notified that any Cancellation of fixed rate orders by you, on your booked fixed rate orders or on account of regulatory requirements or under any circumstances will attract cancellation charges of our channel partners apart from currency swaps and will result in the fixed rate advance, as mentioned hereinabove, being forfeited without any further notice to you.
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 to our channel partners. Our channel partners may refuse to fulfill 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, and You may approach the channel partner in this regard directly for all and every clarification.
We view protection of Your privacy as a very important principle. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.
The users and channel partners shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 or Anti-Money laundering Guidelines of the RBI) and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, applicable to them respectively for using Payment Facility and BookMyForex.
That in compliance with the provisions of the Information Technology (Intermediaries Guidelines) Rules, 2011, specifically Rule 3 (11), according to which You or any victim who suffers as a result of access or usage of computer resource by any person in violation of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, can notify their complaints against such access or usage of computer resource to:
Name: Manik Varshney
Contact Number: 08800330558
If any complaint is received by the above mentioned officer, on their official address, addressed to them in their official capacity as a grievance officer with proper and accurate responding contact details, then an appropriate response shall be given to the complaining legal or natural person after a due inquiry in the matter of their complaint, within one month of the receipt of such a complaint. The Grievance officer shall endeavour to resolve the issues raised before them by way of the afore mentioned reply, however, in case the resolution is beyond the control, means and resources available with BookMyForex or the concerned officer, then the officer or BookMyForex cannot be held liable for any damage or injury or any harm, whatsoever.