Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Fairex website content located at Fairexpay.com, and all associated sites linked to Fairexpay.com, or the Fairex mobile application(in development) or any similar platform (hereinafter collectively, the Fairex Platform run by Fairex Solutions pvt ltd, having its registered office at Plot No 135, Srinivasam, Kavuri Hills, Jubilee Hills, Hyderabad, 5000081 (hereinafter collectively, Fairexpay ) on any device and/or before availing any services offered by Fairex on the Fairex Platform which may include services such as Cross border payments search and confirmations, digital products and marketplace service or any other service that may be offered by Fairex on the Fairex Platform (hereinafter individually, and collectively, the Fairex Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Fairex Services, whether offered by Fairex or its affiliates.
By registering on, accessing, browsing, downloading or using the Fairex Platform for any general purpose or for the specific purpose of availing any Fairex Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Fairex Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Fairex Service or any future service that may be offered by Fairex on the Fairex Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Fairex Platform or availing any Fairex Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Fairex Platform and immediately terminate Your availing the Fairex Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Fairex Platform or a customer or beneficiary of the Fairex Services, and Fairex. All services are rendered by Fairex through the Fairex Platform under the brand name “Fairexpay” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Fairex, regarding Your use of Fairex’s digital services (which includes but may not be limited to Cross Border Currency payments, Exchange related transactions, the marketplace service or any such other services which may be added on the Fairex Platform and which will henceforth be a Fairex Service, from time to time. The Fairex Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Fairex grants You a personal,business, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Fairex Platform and/or avail the Fairex Services.
The Fairex Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Fairex from availing the Fairex Services or accessing the Fairex Platform. By accepting the T&Cs or by otherwise using the Fairex Services on the Fairex Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Fairex, or disqualified for any other reason, from availing the Fairex Services or using the Fairex Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Fairex reserves the right to suspend or permanently prevent You from availing Fairex Services or using the Fairex Platform.
Additional terms and conditions may apply in order for You to avail specific Fairex Services and to specific portions or features of the Fairex Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Fairex Platform or for any Fairex Service offered on or through the Fairex Platform, the latter terms shall control with respect to Your use of that portion of the Fairex Platform or the specific Fairex Service. Fairex may make changes to any Fairex Services offered on the Fairex Platform, or to the applicable terms for any such Fairex Services, at any time, without notice. The materials on the Fairex Platform with respect to the Fairex Services may be out of date, and Fairex makes no commitment to update the materials on the Fairex Platform with respect to such Fairex Services. The following terms also govern and apply to Your use of the Fairex
http:// www.faire-x.com/policies
Fairex’s SSOID service offers You the convenience, after a one-time registration on any Fairex Platform, to sign on (log in) to all web pages and online platforms operated by Fairex or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Fairex’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Fairex is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by Fairex for use on all Participating Platforms. For the use of Fairex’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Fairex immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Fairex sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Fairex’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Fairex is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Fairex) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
By accepting the T&Cs, You accept the following:
Fairex may send alerts to the mobile phone number provided by You while registering with the Fairex Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Fairex Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
Fairex will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Fairex as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Fairex Platform or availing any Fairex Services. Fairex shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Fairex liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
The SMS/e-mail alert/push notification service provided by Fairex is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Fairex shall be immediately informed about the same by You and Fairex will make best possible efforts to rectify the error as early as possible. You shall not hold Fairex liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Fairex shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
You will indemnify and hold harmless Fairex and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Fairex or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Fairex and/or the SMS/e-mail service provider.
You understand that except for information, products or services clearly indicated as being supplied by Fairex, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Fairex cannot and does not guarantee or warrant that files available for download through the Fairex Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
By accessing or using the Fairex Platform or by availing Fairex Services, You agree not to:
violate the T&Cs;
impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Fairex Services, perform any other similar fraudulent activity or otherwise avail Fairex Services with what we reasonably believe to be potentially fraudulent funds;
infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
use the Fairex Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Fairex Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Fairex;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Fairex Services and the Fairex Platform or features that enforce limitations on the use of the Fairex Services or the Fairex Platform;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Fairex Services or Fairex Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
use the Fairex Services or the Fairex Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Fairex Services or the Fairex Platform in an automated manner;
modify, adapt, translate or create derivative works based upon the Fairex Services and the Fairex Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
intentionally interfere with or damage operation of the Fairex Services or the Fairex Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
use any robot, spider, other automatic device, or manual process to monitor or copy the Fairex Platform without prior written permission;
interfere or disrupt the Fairex Platform or networks connected to the Fairex Platform;
take any action that imposes an unreasonably or disproportionately large load on Fairex’s infrastructure/network;
use any device, software or routine to bypass the Fairex Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Fairex Services;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Fairex Platform or to manipulate Your presence on the Fairex Platform;
sell the Fairex Services, information, or software associated with or derived from it;
use the facilities and capabilities of the Fairex Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
provide false, inaccurate or misleading information;
use the Fairex Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Fairex Platform, except and only as expressly provided in the T&Cs;
avail Fairex Services with what Fairex reasonably believes to be potentially fraudulent funds;
use the Fairex Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Fairex, a third party or You;
use the Fairex Services in a manner that Fairex or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
take any action that may cause Fairex to lose any of the Fairex Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
send automated request of any kind to the Fairex Platform without express permission in advance from Fairex.
You agree that Fairex, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Fairex Services/Fairex Platform and remove and discard on the Fairex Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Fairex may also in its sole discretion and at any time discontinue providing access to the Fairex Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Fairex Services/Fairex Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Fairex will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fairex may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Fairex Services/Fairex Platform.
In no event, Fairex or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Fairex Services, the Fairex Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Fairex Services, the Fairex Platform (including any and all materials) or any reference sites/app/platform/service, even if Fairex or a Fairex authorized representative has been advised of the possibility of such damages. In no event, Fairex, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Fairex Services, the Fairex Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Fairex services, the Fairex Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Fairex, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Fairex Service or the Fairex Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Fairex has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Fairex, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Fairex. Fairex would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Fairex’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Fairex, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Fairex Services or of the Fairex Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Fairex reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Fairex, including rights to settle, and You agree to cooperate with Fairex’s defense and settlement of these claims. Fairex will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, Fairex and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Fairex or through the Fairex Services or the Fairex Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Fairex” includes Fairex’s officers, directors, employees. You acknowledge that Fairex is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Fairex Services on the Fairex Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Fairex does not warrant that the Fairex Services will be uninterrupted or error-free or that defects in the site will be corrected. The Fairex Services and the Fairex Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Fairex, and its partners do not warrant that the data, Fairex software, functions, or any other information offered on or through the Fairex Services/Fairex Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Fairex and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Fairex Services/Fairex Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Fairex Services/Fairex Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Fairex be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Fairex Platform.
The Fairex Services and the Fairex Platform are owned and operated by Fairex. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Fairex Services and the Fairex Platform provided by Fairex (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Fairex, all Materials, trademarks, service marks, and trade names contained on the Fairex Platform are the property of Fairex. You agree not to remove, obscure, or alter Fairex or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Fairex Services/Fairex Platform. Except as expressly authorized by Fairex, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Fairex reserves all rights not expressly granted in this Agreement. If You have comments regarding the Fairex Services and/or the Fairex Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Fairex, and shall assign to Fairex, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Fairex reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Fairex Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Fairex Platform, availing the Fairex Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Fairex Services/Fairex Platform. For certain changes, Fairex may be required under applicable law to give You advance notice, and Fairex will comply with such requirements.Your continued use of the Fairex Platform following the posting of changes will mean that You accept and agree to the changes.
Fairex may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Fairex Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Fairex must be sent by courier or registered mail to Fairex __________________________________________________________________________
The failure of Fairex to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Fairex.
If any dispute, controversy or claim arises under this Agreement or in relation to any Fairex Service or the Fairex Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Fairex may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Fairex may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Fairex (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Fairex may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Fairex. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Fairex must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
This Agreement is the entire agreement between You and Fairex relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Fairex in accordance with the terms of this Agreement.
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Fairex website located at Fairexpay.com, and all associated sites linked to Fairexpay.com, or the Fairex mobile application or any similar platform (hereinafter collectively, the Fairex Platform) run by Fairex Solutions pvt ltd, having its registered office at ______________________________________________________________________ (hereinafter collectively, Fairex or Fairex) on any device and/or before availing any travel, recharge or Currency Exchange or digital products related services offered by Fairex on the Fairex Platform (hereinafter, individually Fairex Digital Service and collectively, the Fairex Digital Services).
The Fairex Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Fairex from availing the Fairex Digital Services or accessing the Fairex Platform. By accepting the T&Cs or by otherwise using the Fairex Digital Services on the Fairex Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Fairex, or disqualified for any other reason, from availing the Fairex Currency Exchange and Digital Goods Services or using the Fairex Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Fairex reserves the right to suspend or permanently prevent You from availing Fairex Digital Services or using the Fairex Platform.
Fairex facilitates the indirect exchange of Currency through the Fairex Platform with support from our Global Partners, with respect to certain services offered by Fairex business partners who have partnered with Fairex to enable their business through the Fairex Platform. Please see the relevant links on the Fairex Platform for more information on Fairex’s Cross border Currency payments service. Further, The terms and conditions in relation to Currency paymentns and digital products are set out below. The terms and conditions in relation to Currency Cross border payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the Fairex Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to Currency Exchanges and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Fairex Services or Fairex Platform.
All sales on the Fairex Platform are final with no refund or exchange permitted. But if there is genuine case of refund, Fairex team will consider refunds. You shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the Fairex Platform.
In order to use the Currency Exchanges service or any other Fairex Service, You will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content, and You will also need to pay any service fees associated with such access. In addition, You must have all equipment necessary to make such connection to the World Wide Web or the Internet, including a computer and a modem or any other set of access devices. Fairex and/or the Fairex business partner (including Fairex’s Currency transfer partners) reserve the right to charge and recover from You, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the Fairex Platform or on the Fairex business partner’s channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the Fairex Platform or check with the Fairex business partner’s channel/portal/website through which You are availing the specific service in order to review the applicable fees which may vary from time to time. In the event that You stop or seek a reversal of the payment instructions as may have been submitted, Fairex shall be entitled to charge and recover from You and You shall be liable to pay such charges to the Currency Exchange service provider as may be decided by Fairex. These charges shall be charged on to Your designated payment account or in any other manner as may be decided by Fairex. Fairex offers a convenient and secure way to make payments towards identified transactions using a valid payment account. Depending upon the Fairex business partner/seller through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of sellers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the Fairex business partner on their channel/portal/website over which the service is being availed. From time to time, Fairex, at its sole discretion, can add to or delete from such list of Benefitiariess or types of payment accounts that can be used in respect of making payments to a Benefitiaries. The type and range of payment accounts that can be used for making payments may differ for each seller depending on Benefitiaries specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a Benefitiaries. The terms upon which a payment can be made to a Benefitiaries can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a Fairex business partner, payments to a Benefitiaries can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the Currency Exchange service, You agree to:
provide true, accurate, current and complete information about Yourself (“Registration Data”), Your payment account details (“Payment Data”), Your Benefitiaries details (“Benefitiaries Data”); and
maintain and promptly update the Registration Data, Payment Data and Beneficiaries Data to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or Fairex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fairex has the right to suspend or terminate Your account and refuse any and all current or future use of the Fairex Services/Fairex Platform (or any portion thereof). The term Beneficiaries includes telecom operators.
If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);
If the funds available in the payment account are under any encumbrance or charge;
If Your bank or the National Clearing Centre refuses or delays honoring the payment instruction(s);
If payment is not processed by Beneficiaries upon receipt by our Partners;
Circumstances beyond the control of Fairex (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).
In case the Currency Cross border payment is effected for any reason, You will be intimated about the failed payment by an e-mail.
Fairex is only a Foreign transaction agent/enabler and does not physically hold any foreign currency nor will withdraw any money from the Business or Individual bank accounts. It does not operate any branches. Fairex has tied up with Authorised Global Money transfer dealers/other providers.
Fairex’s advice to customers is to choose the appropriate Money transfer providers who they may be aware of and whose service they are comfortable with based on the options provided.
Customers are required to furnish the following at the time of boarding with Fairexpay Platform or with the Money transfer provides:
A copy of the Passport
All relevant Business related information as required by Our Partners
Identity proof ( Country specific Driving license, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to complete the transaction.
Fairex is not responsible for any kind of inconvenience, directly or indirectly injury or death, caused during the transaction and the customers are expected to do their due diligence about our Partners and companies before they go ahead with the Cross border transfer/exchange.
For any issues relating to cancellation or refund, the Customers may contact Fairex within 15 days of date of transaction, beyond which period request would not be processed.
Fairex may call the mobile phone number provided by You while registering with the Fairex Platform, or any updated mobile number subsequently provided by You on the Fairex Platform, or contact You via e-mail, for the purpose of collecting feedback from You regarding Your transactions. Grievances and claims related to the transaction should be reported to Fairex support team within 15 days.
Fairexpay is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of Forex exchange between the merchant, i.e., agents, AD’s or Banks. For the purposes of this section, a merchant shall mean a AD that are authorized on the Fairex Platform. Fairex does not at any point of time during any transaction between the customer and the money transfer provider/merchant, take the ownership of any of the products/services provided by merchant. Nor does Fairex at any point assert any rights or claims over the products/services offered by the merchant to the customer. In using the Fairex Platform for exchanging Forex transactions
Use of Information: By accepting T&Cs in general including the SSOID terms and the Marketplace Terms, You accept that Fairex may send alerts to the mobile phone number/ e-mail address provided by You while registering for the Fairex Service/Fairex Platform or to any such number/e-mail address replaced and informed by You subsequently.
Limitation of liability and waiver: In no event, Fairex will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement, including these T&Cs and Marketplace Terms; (ii) the SSOID Agreement; (iii) the Fairex Services, the Fairex Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Fairex Services, the Fairex Platform (including any and all materials) or any reference sites/app/platform/service, even if Fairex or a Fairex authorized representative has been advised of the possibility of such damages. In no event, Fairex or any of its directors, employees will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement, including these T&Cs and the Marketplace Terms; (ii) the SSOID Agreement; (iii) the Fairex Services, the Fairex Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Fairex services, the Fairex Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Fairex, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Fairex Service or the Fairex Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Fairex has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Fairex, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Fairex. Fairex would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Fairex’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, including these T&Cs, SSOID terms and the Marketplace Terms.
Dispute Resolutions: If any dispute, controversy or claim arises under this Agreement or in relation to any Fairex Service or the Fairex Platform, including any question regarding the existence, validity or termination of this Agreement or these T&Cs or these Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Fairex may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Fairex may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Fairex (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Fairex may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Fairex. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
Jurisdiction: Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Fairex must be resolved by a court having jurisdiction in Hyderabad, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Customer agrees and confirm that Fairex shall not have any responsibility/liability in case tax exemption is denied to the Customer/user by any tax authority due to whatsoever reasons and Customer/user shall not raise any dispute/claim against Fairex. In such an event Customer/users shall approach the respective shrines/place of worship/NGO/trust for any query/claim.
