1.1 In these Terms and conditions, the following words have the meaning set out beside them:
“Account” means your Ewallet account or token or Card which holds electronic money as part of HotRemit Service;
“Card” means the physical magnetic stripe or chip card issued to you, in the form of a physical card and also as a virtual card or in any other form we may decide
“Fees” means any and all Fees and charges levied by Digitsecure for your use of the HOTREMIT Service, as stated in the Fee Table on the Website and which may be amended by Digitsecure from time to time;
“Fees Table” means a table of Fees published on Our Website www.hotremit.com from time to time;
“Customer”, “You”, “Your” means any person who meets all eligibility requirements set out in these Terms and conditions;
“Merchant” means any commercial or business entity that is validly registered with Digitsecure India Private limited, a registered company under laws of India to accept Transfers from Your HOTREMIT Account or Card;
“HotRemit”, “Digitsecure”, “We”, “Our”, “Us” means Digitsecure India Private limited Ltd, with its registered office located at Plot No 1303 & 1304,Khanamet,Hitech City,Madhapur, Hyderabad – 500 081, INDIA;
“Transfer” means, as the context permits, (a) the debiting of an amount of electronic money from your Account or Card and the concurrent crediting of such amount to a Merchant account or other Customer account, as designated by you; or (b) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account or other Customer account, in each case less any applicable Fees; and
“Transaction” means an exchange or transfer of goods, services or funds with HOTREMIT or in the case of your Card any cash withdrawal or purchase of goods and/or services (as appropriate) completed by you using HotRemit service; and
“Website” means the www. Hotremit.com or the website address printed on the reverse of your Card or mobile application called HotRemit available for various mobile operating systems made available by Digitsecure from time to time, for as the case may be, or such other partner and Merchant Website or Mobile applications through which Digitsecure may offer the HOTREMIT Service from time to time.
“RBI” means Reserve Bank of India which has authorized Digitsecure India Private limited to operate HotRemit as per the Payment and Settlement systems Act.
“Law” means any statute, regulations, notification, circular, order, ordinance, requirement, direction, guideline, announcement or other binding action or requirement of an authority, which has the force of law in India.
1.2 These Terms and conditions shall apply to all Customers.
2.1 It is a condition of HotRemit Ewallet system membership that you agree to these Terms and conditions, which form a legally binding contract once you become a Customer.
2.2 We may find it necessary to change the Terms and conditions from time to time and will notify you of any changes by posting notice of the changes on Our Website with a link to the amended Terms and conditions, at least two (1) months before the entry into force of the proposed changes, save changes that make these Terms and conditions more favorable to you or that have no effect on your rights shall come into effect immediately if so stated in the change notice. Changes related to fees charged shall come into effect immediately with 1 day notice and you shall not have the right to object to such a change.
2.3 You will be deemed to have accepted any changes made to the Terms and conditions unless you notify us to the contrary before they come into force. Should you disagree with the proposed changes, you have the right to terminate the Terms and conditions immediately and without charge before the proposed date of their entry into force.
2.4 You may review the current Terms and conditions prior to initiating any transaction at any time by clicking on the “Terms and conditions” page. The Terms and conditions will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the HOTREMITService indicates your agreement to these Terms and conditions. We encourage you to print a copy of the Terms and conditions for your future reference.
3.1 Digitsecure is an authorized prepaid instrument issuer regulated by the Reserve Bank of India and permitted under the payment and settlement systems Act
3.2 By using the HotRemit Service you shall be deemed as having acknowledged that: (i) Digitsecure is not a bank; (ii) Accounts are not insured by any government agency; (iii) Digitsecure does not act as a trustee, fiduciary or deposit holder in respect of balances in your Account; and (iv) Digitsecure does not pay you interest on any balances in your Account.
3.3 Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Customers in an Escrow account held by Digitsecure pursuant to the Reserve Bank of India guidelines.
4.1 To become a Customer, you must:
i. Open an Account in accordance with the instructions set out in the registration page of Our sign up website including providing all requested information mentioned on the signup page or on the application form provided by Digitsecure or its authorized agent or partner;
ii. maintain an active mobile phone number and address to become and remain a Customer; and
iii. satisfactorily pass all of Our necessary identity and security validation and verification checks as may be required as per the applicable guidelines of Reserve Bank of India
4.2 You may not permit any other person to use your Account.
4.3 You will promptly update your Account details on the Website if your name, address, email address, phone number, credit card or bank account information changes.
In order to use the HOTREMITService, you must:
i. be a Customer; and
ii. not be in default of any Terms and conditions or otherwise have access to your Account restricted, nor have had any previous termination of HotRemit service account which was closed by us.
iii. Not indulge in using HotRemit service for activities not permitted under the law
6.1 Subject to payment of any applicable Fees and compliance with these Terms and conditions, by opening an Account, Customers will be able to
i. Load funds to be credited to their Account or cards so that they may make transfers to, and receive transfers from, Merchants or other Customers;
ii. Transfer funds from their Account or Card to any bank account in India subject to applicable RBI guidelines prevalent at the time
iii. Not indulge in using HotRemit service for activities not permitted under the law
6.2 Funding an Account
i.In order to load funds to your Account, you may choose from one or more loading options offered to you as part of the loading process online or within mobile application or in person at agent locations. You must also provide the information requested and pass all identity and security validation and verification checks. For any such funding, you authorize us to obtain or receive funds on your behalf from your chosen payment option, plus applicable Fees if applicable, and then issue credit of funds to your Account.
ii. Notwithstanding the foregoing, Certain Payment options entitle you to have us load funds to your Account by debiting a account at your financial institution or bank based on one time authorization provided by you. In the event we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition, we may debit the applicable insufficient funds charge and such uncleared payment from your Account, obtain it from your designated financial institution or otherwise collect it from you.
iii. We reserve the right to impose limits on the purchase and transfer amounts and frequency you may use such options as per the applicable guidelines of RBI prevalent at the time and also based on our risk assessment of transaction history in your account.
i. Customers may make transfers by following the appropriate process at the agent or online or within the mobile application. In some cases you may be able to make transfers from Merchants website or Mobile application or by physically being present. You authorize us to debit from your Account any applicable Fees at the time of any transfer.
ii. You must give consent to the execution of a transaction for it to be authorized. You agree that by pressing the [Authorize] button along with authentication mechanism that you chose to authorize your transaction , by entering PIN issued by HotRemit and/or authentication of third party systems, chosen by you and is offered by Digitsecure , that you are providing consent for the payment transaction to be processed and for the relevant Fees to be charged. You also agree that once consent has been provided by you, the authorized transfer can no longer be revoked or reversed or disputed. To this extent the time of receipt of the transaction request is the time when the transfer was processed.
iii. The amount of any transfer received will be credited to your Account balance, less any applicable Fees. If a transfer credited to your Account is reversed by the sender prior to you transferring or redeeming any part of it, the amount of the transfer will be returned to the sender and no Fees will be owed by you.
iv. Customers may complete transfers as outlined above, or load funds for transfer to a Merchant directly, in which cases the credit amount is reflected in your account along with a debit to your account for transfer to the Merchant
v. We may refuse to execute any transfer where we suspect that that the Terms and conditions have been violated, or where we are otherwise required to do so as per applicable RBI regulations or based on risk assessment on your account. We will notify you of such refusal, our reasons for doing so and, where applicable, how to rectify the error that led to the refusal, unless such notification – or part of it – is prohibited by law or regulations.
vi. You are fully responsible for the instructions you give Digitsecure and as a result we may not be able to detect errors in your payment instructions. Any transfer will be deemed to have been correctly executed where it has been executed in accordance with your instructions. However, we will make reasonable efforts to recover the funds involved and will apply the relevant Fee for doing so, as per the Fee Table.
vii. You are fully responsible for any goods or services bought by you that are settled through your use of the HOTREMIT Service. Any dispute with a Merchant regarding any product or service bought by you through the HOTREMIT Service is between you and the Merchant and you agree that Digitsecure shall not be a party to such dispute. Digitsecure does not provide any warranties, representations, conditions or guarantees with respect to such goods and services. You fully agree that it is assumed that you have received the goods/services from the Merchant when you initiate a transfer of payment to a Merchant
viii.You acknowledge and agree that except for Merchant error as confirmed by us, illegal activity involving your Account, or any breach by you of these Terms and conditions, all funds load transactions, transfers or withdrawals into or out of your Account are final and not reversible.
i.Subject to paragraph (iii) below, Customers may withdraw all or a portion of the balance of electronic money in their Account by selecting one of the withdrawal options offered to you online, mobile application or at agent location, which would be as per the applicable guidelines of RBI prevalent at the time.
ii. Any amounts loaded into the account or card from a credit card can only be credited back to the credit card from which the funds were added subject to applicable fees.
iii. We will process the withdrawal request provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. You agree to have your account debited for the fees involved for verification checks as mentioned in our Fee table.
iv. Depending on the option of withdrawal you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to withdrawal request is processed. We will take reasonable steps to ensure that funds withdrawn are received by you within the time frame advised to you before Authorization of the withdrawal request. However, we shall not be liable for delays in the receipt of withdrawal funds where those delays are caused by any third party involved in the process of transferring money thru channels approved by RBI.
6.5 You acknowledge that certain of Our electronic money purchase, transfer and withdrawal options will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to Digitsecure applying its reasonable discretion in using and sharing relevant personal data to conduct such identity and security validation and verification checks if you choose such options.
6.6 You also acknowledge that certain of Our Load, transfer and withdrawal options impose certain minimum and maximum limits and these are indicated when you view the various options on the applicable sections on Our Website. We reserve the right to impose limits on the purchase, transfer and withdrawal amounts and frequency you may use such options, and to change such limits from time to time without notice.
7.1 We will charge you the Fees set out on Our Website made in relation to your Account (including loading, transferring to merchants and customers, withdrawal of balance money transactions). We may also charge you certain administration Fees, including, but not limited to, in relation to ongoing management of inactive accounts, debt collection and reprocessing charges in case of insufficient funds.
7.2 Digitsecure reserves the right to change Fees from time to time. Updates will be indicated on the applicable section of our website.
7.3 We may charge an annual or other periodic administration fee (“Administration Fee”) if you have funds in your Account and have not made any additions, transfers or withdrawals from your Account (“Inactive Account” or “Account Inactivity”) for a period of 60 days. The Administration Fee will be deducted from the funds in your Account.
8.1 If you load funds using your credit, Debit card or through your bank account and then authorize a transfer of those funds to a Merchant or another Customer, you will not charge back, cancel or de-authorize the credit card or bank account charge.
8.2 Without limiting our rights or remedies, if you do charge back, cancel or de-authorize your credit card or bank account charge in such circumstances, you are responsible for refunding the payment. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you using third party collection agencies.
9.1 You agree to use your Account in accordance with the provisions of these Terms and conditions and any other instruction we may give you regarding the use of Our Service, and that you are prohibited from:
i.using the HOTREMIT Service to obtain a cash advance from your credit card (or assisting others in such activity);
ii. using the HOTREMIT Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;
iii. sending unsolicited email or similar methods of mass messaging (spam);
iv. harassing or engaging in obscene, rude or abusive behaviour against us or any of Our representatives; and
v. Tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the HOTREMITService, or attempting to do any of the foregoing.
10.1 It is your responsibility to keep your Account identification, secure identification, password, PIN, security questions, answers and other account credentials and information specific to your Account confidential and in a safe and secure place. This includes ensuring the ongoing security of your log-in details on your personal computer device for accessing the Internet.
10.2 Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other security information to anyone else. You may not use anyone else’s password or security information to gain access to another Account.
11.1 If you think that you have lost your password or Account details, they have been stolen, or in the event of an unauthorized, non-executed or incorrectly executed transaction, you must let Us know without undue delay through email firstname.lastname@example.org or by visiting http://help.hotremit.com or by sending SMS with text “LOST mobile number associated “ to 8008007474 E.g. : SEND “LOST 9849012345” to 8008007474 when HotRemit service associated with Mobile Number 9849012345 is compromised.
11.2 You are liable up to a maximum of INR 1 lakh for any losses incurred in respect of an unauthorized payment transaction arising from the use of your Account details (lost or stolen) or where you have failed to keep the personalized security features of your Account safe, save for any such losses incurred after you have notified Us that you believe that your password or Account details have been stolen or might be used in an unauthorized way.
11.3 You shall be liable for all losses incurred in respect of an unauthorized transaction where you have acted fraudulently, with intent or with gross negligence.
11.4 You acknowledge that your intended recipient of a transaction is not required to accept the transaction. If an intended recipient declines a transaction, your Account will be re-credited with the amount of the transaction and no Fees will be charged.
12.2 You acknowledge and accept that: (i) when speaking to customer service agents at Digitsecure, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; (ii) for fraud and security purposes your records are kept by Digitsecure even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants and other Customers to or from whom you transfer funds: name, Account number, address (only in case when goods/services have to be delivered), postal/ZIP code, Email address, and/or Mobile Number. When sharing Email/mobile number and address, express consent is always taken from you.
13.1 You have the right to close your HotRemit Service and thereby terminate your agreement with us (and your right to use the HotRemit Service) at any time by notifying emailing to email@example.com or at http://help.hotremit.com
13.2 We reserve the right to terminate the Terms and conditions by giving you two (6) months’ prior notice. Where such termination is as due to violation of these terms and conditions, we reserve the right to terminate your access to HotRemit Service with immediate effect.
13.3 Notwithstanding the above, we may, at our discretion, suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to Send, transfer or withdraw funds from your Account) or close your Account, at any time, without notice, in any of the following circumstances:
i. breach of any of these Terms and conditions;
ii. if we have reasonable grounds to believe that your Account has been used in connection with unauthorized or unusual credit card or bank account use, including without limitation, notice of the same by your bank or credit card issuer;
iii. if at any time we determine that you have provided us with any false, inaccurate, incomplete or misleading information or any name, bank account or credit card information that you are not legally authorized to use we may terminate your Account with immediate effect;
iv. abuse by you of the reversal or charge back process provided by your bank or credit card company;
v. receipt in your Account of potentially fraudulent funds;
vi. refusal to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;
vii. initiation of transactions that may be considered to be cash advances or assisting in cash advances;
viii. we believe your Account has been used or allegedly used in or to facilitate any financial-crime related activity;
ix. return of a payment for insufficient funds in the bank account;
x. we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us; or
xi. Comply with Anti money laundering or prohibitions issued by various agencies as per the applicable law.
13.4 Subject to section 13.5, if we permanently close your Account, we will notify you before doing so, either by email or phone according to the most recent phone number or email address that you have provided us and send you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the limitation or closure).
13.5 If any case arises where we are unable to inform you that such measure has been taken, we will inform you immediately after it has been taken, except where such disclosure is prohibited by law. After the reasons for stopping use cease to exist, we will allow the use of the Account as soon as practicable or replace it with a new Account.
13.6 If you have or have had an Inactive Account for a period of (2) months after the first application of an Administration Fee, it will be terminated and no further transactions will be possible on your Account. Any Account Inactivity before this version of these Terms and conditions came into force shall be included in the calculation of such periods. After the termination of your Account, we will notify you using the last details you provided to confirm that your Account has been terminated. If you have any funds in your Account you will be charged fees in accordance with our fees table (as amended from time to time) and any funds still credited to your Account shall be forfeited to Digitsecure after a period of 2 months following termination.
14.1 Digitsecure reserves the right to validate and verify any of the information you provide with third parties at any time.
14.2 Without limiting section 6, Digitsecure shall make reasonable efforts to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. The maximum execution time for transfers to be completed is fifteen (15) days. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties as to continuous, uninterrupted or secure access to the HOTREMIT Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
14.3 We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations. You warrant that you are not violating any laws or regulations by your use of the HOTREMIT Service and you agree to indemnify Digitsecure, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the HOTREMIT Service in violation of any law or regulation.
14.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTIES OR CONDITIONS TO YOU WITH RESPECT TO THE HOTREMIT SERVICE EXCEPT AS SET OUT IN THESE TERMS AND CONDITIONS, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT WHERE IMPLIED OR STATUTORY WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW.
14.5 Neither Digitsecure nor any of its affiliates, holding companies, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of Our negligence or wilful misconduct; provided that under no circumstances shall Digitsecure, its affiliates, holding companies, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
i. errors made by you or any Merchant or other Customer in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount;
ii. use of your Account by another person who passes all identity and security validation and verification checks;
iii. failure by you to use up to date virus, malware and spyware scanning software and firewall protection on the computer or other device you use to access the Internet or mobile application and failure to remove viruses, malware or spyware from any computer or device as soon as practicable after they have been found;
iv. any fraud or misrepresentation made by a Merchant or Customer, even if the Merchant or Customer passes all identity and security validation and verification checks;
v. errors or omissions in Our Website content;
vi. misuse or inability to use Our Website, Mobile application or agent location whether due to reasons within Our control or not;
vii. delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
viii. interception or seizure compelled by law;
ix. circumstances beyond Our reasonable control;
x. any abnormal and unforeseeable circumstances beyond Our control (the consequences of which would be unavoidable despite Our best efforts); and
xi. any of Our actions taken due to Our obligations under other provisions of State and/or national law.
14.6 IN NO EVENT SHALL DIGITSECURE, ITS AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALISE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
14.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the HOTREMIT Service.
14.8 You agree to indemnify Digitsecure, its affiliates, holding companies, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against Digitsecure, its affiliates, holding companies, subsidiaries, agents or subcontractors relating to your use of the HOTREMITService in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by Digitsecure, its affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your breach of these Terms and conditions.
14.9 Digitsecure confirms that Digitsecure India Private limited retains all right, title, and interest in and to all trademarks, trade names, logos, Website designs, text, content and graphics, and other intellectual property rights used by Digitsecure in relation to the HOTREMIT Service and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, Website designs, text, content, graphics, or other intellectual property rights, is prohibited.
15.1 We refer you to the Digitsecure grievance redress procedure referred to in section 11.1 hereof for any complaint or dispute you may have concerning your Account.
15.2 We encourage you to check your Account history online and to print or save a copy of all transaction data for future reference. If your Account history shows transactions that you did not make or authorize, you must notify us immediately upon identification or suspicion, pursuant to section 11.1.
16.1 Digitsecure may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfill its obligations.
16.2 These Terms and conditions shall be governed by the applicable Laws of India. All disputes arising out of or relating to these Terms and conditions shall be resolved by arbitration to be held in Hyderabad in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (or any statutory amendments thereof or any statute enacted for replacement thereof) and shall be referred to the sole arbitrator appointed by Digitsecure.
16.3 We may send communications and notices to you at the postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms and conditions by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given 10 business days after the date of mailing.
16.4 These Terms and conditions are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining Terms and conditions.
16.5 These Terms and conditions and the policies referred to in section 2.5 constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms and conditions and the version on the Website, the version on the Website will prevail.
16.6 Our failure to exercise or enforce any right under these Terms and conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
16.7 The rights and remedies available to Digitsecure in these Terms and conditions are cumulative and are in addition to any other right or remedy available to Digitsecure at law or in equity.
16.8 You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms and conditions. We reserve the right to transfer and assign these Terms and conditions, and you agree that we may assign any rights or novate any obligations hereunder, without your further consent.
16.9 No provision in these Terms and conditions creates a partnership between you and Digitsecure or makes either of Digitsecure or you the agent of the other for any purpose. You have no authority to bind, to contract in the name of, or to create liability for Digitsecure in any way for any purpose.