These Terms and conditions of Service govern the terms under which you may access and use this website and the services associated with it (the "Service"). Do not access or use the Service if you do not agree to be bound by the terms and conditions. By accessing and using the Service, you are agreeing to the Terms and conditions of India Health Card. India Health Card may update the T&CS from time to time, without notice to you, by posting the updated T&CS on this website. As used throughout this T&CS, the term "we", "us", and "our" mean India Health Card, its successors, affiliates, and assignees.


1. ELECTRONIC COMMUNICATIONS

You understand and consent that this T&CSOS shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this T&CSOS and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or India Health Card

The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us by telephone at (210)-------------from within the U.S. or 91-80---------- from outside the U.S.; by fax at 91 80; or by mail at India Health Card, attn: Customer Service, 5/8 ,1ST Floor , Benson Cross Road, Benson Town ,Bangalore 560 046 .In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with India Health Card’s e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at www.indiahealthcard.com


2. OVERVIEW OF SERVICE

The Service enables you to send money and make payments to designated recipients (each, a "Recipient") in India (“Destination Country"). The money will be paid to the health care provider on behalf of the Recipient. Each request to send money or make payments through the Service is a "Transaction." The amount to be paid to the Recipient is the "Transaction Amount."


3. ACCESSING THE SERVICE

a. Eligible Users. You must be an individual at least 18 years of age and be able to form legally binding contracts under applicable law. You must have a valid postal mailing address and an active e-mail address. Other restrictions may apply. You acknowledge that by initiating a Transaction, you are requesting that India Health Card process your Transaction, an offer which India Health Card may accept or reject at its sole discretion from its place of business in San Antonio, Texas.

4. PAYMENT

a. Service Fees. In consideration for the use of the Service, you agree to pay applicable fees for each transaction that you initiate (the "Service Fees"). These fees are shown to you before you submit your Transaction for processing. India Health Card only accepts payment in U.S. Dollars.

b. Payment Sources. You pay for the Service using an authorized credit card, debit card, Pay Pal account, or electronic check (each, a "Payment Source"), depending on the state of your residence and the service you select. You authorize the account associated with your Payment Source to be debited in the amount of the Transaction Amount plus any applicable fees.

c. Fees Imposed by Other Financial Institutions. India Health Card does not control and is not responsible in any manner for any fees or charges that may be imposed by your financial institution(s) associated with your Payment Source. In particular, some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction and may impose additional fees and interest rates for the transaction. These fees are imposed by your credit card issuer, not by India Health Card. You can avoid most cash advance fees by paying with an electronic check or debit card. Contact your credit card issuer for more information.


5. DISBURSEMENT

a. Disbursement Options. Funds are disbursed directly to the Recipient’s health Care service provider. You cannot change the Disbursement Option after you complete your transaction online. You hereby appoint the Recipient as your agent for the purpose of receiving funds in connection with the Services rendered by the health care provider.

• i. Delivery, and Direct Deposit. India Health Card works with correspondent banks, money exchange houses, and other third party funds handlers to disburse funds to your Recipient on your behalf. Delivery means that India Health Card shall be delivered to the Recipient at the address you provide. Direct Deposit means that the funds shall be delivered directly into the Recipient's Health Care Provider.

• ii. India Health Card. The India Health Card is a prepaid card that is issued by India Health Card.com that allows your Recipient to make health care service purchases at health care facilities/providers that are listed with India Health Card. By selecting the India Health Card as your Disbursement Option, you are instructing India Health Card to have your India Health Card delivered to the Recipient at the address you provide, and to appoint such Recipient as your agent for the purposes of using your India Health Card. Your use of the Service to purchase the India Health Card is conditioned upon your agreeing to the terms and conditions of these terms and conditions. You acknowledge that you have certain responsibilities to the India Health Card under the Cardholder Agreement and that India Health Card Replies on your fulfilling those responsibilities. Accordingly, you agree to indemnify and hold India Health Card and its subsidiaries, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the India Health Card or violation of the terms and conditions of the Cardholder Agreement. In the event that there is an inconsistency between this T&CS and the Cardholder Agreement, the Cardholder Agreement shall be binding.

b. Currency of Disbursement YOU ACKNOWLEDGE THAT INDIA HEALTH CARD MAKES MONEY WHEN FUNDS ARE CONVERTED TO A FOREIGN CURRENCY FOR DISBURSEMENT, BASED ON THE DIFFERENCE BETWEEN THE EXCHANGE RATE AT WHICH INDIA HEALTH CARD PURCHASES FOREIGN CURRENCY AND THE EXCHANGE RATE PROVIDED TO YOU.

c. Recipient Identification Card shall not be disbursed to a Recipient unless he or she presents specified information to verify his or her identity.

6. LIMITATIONS OF SERVICE

Transactions may be delayed or otherwise restricted as a result of verification procedures, validation of Payment Source, attempts to contact and locate your Recipient, currency availability, location hours, and efforts to comply with applicable law. Notwithstanding the foregoing, you may be entitled to a refund as expressly described herein.

a. General Restrictions India Health Card may, in its sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. India Health Card reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof) with or without notice.

b. Not Available to Certain Residents The Service may not be available in whole or in part in different states, countries, and jurisdictions.

c. Unauthorized Transactions Your use of the Service shall not violate this T&CS or any rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, or funding of terrorist organizations.

d. Commercial TransactionsIndia Health Card has no control over, and is not responsible for, the quality, safety, legality, or delivery of goods or services that you pay for using the Service. You acknowledge that any use of the Service for to pay for such goods and services is at your own risk.

e. Ineligible RecipientsWe reserve the right to refuse disbursement to certain Recipients, countries, territories, addresses or other geographic designations in our sole discretion, including without limitation, destinations and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.

7. CANCELLATION AND REFUNDS

Upon written request, you may obtain a cancellation and a refund of the Transaction Amount if, at the time the request is processed (not received), the Transaction Amount has not been disbursed, or if India Health Card has disbursed the Transaction Amount to someone other than the specified Recipient. Your written refund request must include the following information:

(a) your full name, address, and phone number, (b) Recipient's full name, address (including country of residence), and phone number, (c) the date of the transaction or the transaction number, (d) the location to which card to be disbursed, (e) the dollar amount of the transaction, and (f) the reason for the refund.

The refund request must be in writing and submitted by electronic mail, fax or U.S. mail. Contact information for India Health Card's customer service is as follows: India Health Card Customer Service Transglobal Beneficial 12702 Toepperwein Road, Suite # 201 San Antonio-78233 Texas, USA Ph: (210)-820-2689 Fax: (210)-699-1677. or India Health Card , 5/8 1st Floor, Benson Cross Road Benson Town, Bangalore-560046Karnataka, INDIA Refunds shall be made in the same form of payment originally made. Refunds shall only be made in U.S. dollars.

8. PRIVACY/COLLECTION OF INFORMATION

By agreeing to this T&CS, you acknowledge and consent to India Health Card's Privacy Policy. The Privacy Policy can be found by clicking here: www.indiahealthcard.com/privacy.

To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions and their third parties to obtain, verify, and record information to identify you. You may be asked for your name, address, date of birth, and other information that shall allow us to identify you.

9. INDEMNITY

You agree to indemnify and hold India Health Card, and its respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the T&CS, or your violation of any rights of another

10. INDIA HEALTH CARD'S INTELLECTUAL PROPERTY

You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other India Health Card copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by India Health Card (the "India Health Card Intellectual Property"). You agree not to display, use, copy, or modify the India Health Card Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).

11. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. India Health Card shall make reasonable efforts to ensure that Transactions are processed in a timely manner, but India Health Card makes no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.

12. GENERAL INFORMATION

a. Entire Agreement. The T&CS constitutes the entire agreement between you and India Health Card and governs your use of the Service, superseding any prior agreements between you and India Health Card.

b. No Waiver. The failure of India Health Card to exercise or enforce any right or provision of the T&CS shall not constitute a waiver of such right or provision. If any provision of the T&CS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the T&CS as reflected in the provision, and the other provisions of the T&CS shall remain in full force and effect.

c. Modification. The T&CS may be modified or amended by India Health Card from time to time without notice, except as may be required by law. You can review the most current version of the T&CS at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this T&CS and acknowledge that any attempts by you to modify this T&CS shall be void

Terms of India Health Card Service

These terms of service ("TOIHCS") are effective as of 2008-05-03 and govern the terms under which you may access and use this website and the services associated with it (the "Service").

1. Electronic Communications

You understand and consent that this TOIHCS will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this TOIHCS and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Providers.

In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with India Health Card’s e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at www.indiahealthcard.com

2. Overview of Service

The Service enables you to (1) open a remittance account with Bank (an "Account"), (2) fund the Account with your credit card, debit card, or electronic check (each, a "Funding Source"), and (3) request that funds in your Account be sent to particular recipients (each, a "Recipient") in different countries around the world (each, a "Destination Country"). Each such request to send money or make payments out of your Account is a "Transaction." The amount designated for disbursement is the "Transaction Amount."

The Service is offered through this website. Bank holds your Account and any funds that you place in the Account. Records are maintained about you, your Account, and your Transactions. By initiating a Transaction through the Service, you are instructing Bank, through India Health Card, to transfer your funds to a third-party funds handler (a "Local Market Associate" or "LMA") to disburse funds to the designated Recipient. India Health Card is not a bank, but acts as an authorized representative of Bank to market and process your Account.

3. Opening an Account

a. Eligible Users. You must be an individual at least 18 years of age and be able to form legally binding contracts under applicable law. You must have a valid postal mailing address and an active e-mail address. You must have a valid credit card, debit card, or deposit account with a financial institution in the United States. Your mailing address must match the billing address for your credit card, debit card and/or deposit account (as applicable). Other restrictions may apply.

b. Confidentiality of Security Procedures. You must open an Account and fund a transaction to initiate a Transaction. To open an Account, you must provide complete and correct information about yourself sufficient to verify your identity. Providers reserve the right to accept or reject your request to open an Account.

c. Accessing Your Account. You will create a unique user ID and password to access your Account. Your user ID together with your password has the same effect as your written signature and can be used to authorize Transactions. Contact Providers immediately if you suspect your password or user ID has been compromised.

4. Account Security

a. Security Procedures. Access to your Account and your ability to initiate and authorize a Transaction will be verified based on security procedures that are offered as part of the Service. Each time you attempt to access your Account, you will be asked to provide the unique user ID and password created by you at the time you opened your Account. Providing this information will give you full Account access and the ability to initiate Transactions. You agree to follow any additional on-screen instructions from Providers with regard to Account security. You also agree to update and upgrade your Internet browser software on a regular basis as such updates or upgrades may become available from time to time. You acknowledge and agree that this Security procedure is commercially reasonable and that in selecting a user ID and password as your security procedure you have elected not to use any other commercially reasonable procedures that may be available.

b. Confidentiality of Security Procedures. You agree not to divulge your password or user ID to any other person, and you agree not to use another person’s password or user ID. If, notwithstanding the foregoing prohibition, you give your password to another person or persons, you will be deemed to have authorized them to use that password for any and all purposes, without limitation. You agree that the Providers will not have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your password to any other person, including any losses or damages arising out of the disclosure of this information by the recipient to another person.

c. Breach of Security. If you believe that any user ID or password has become known to any unauthorized person or otherwise compromised, you must notify the Providers immediately by contacting them online at www.indiahealthcard.com. You should discontinue using the Service until such time as security has been restored.

5. Initiating a Transaction

a. Information.

You initiate a Transaction by accessing your Account through the Service, following the security procedures, and providing complete and correct information about the intended Recipient and your Transaction, sufficient to verify the identity of the Recipient and the legitimate purpose and funding source of your Transaction. Providers reserve the right to accept or reject your request to initiate a Transaction.

b. Service Fees.

In consideration for the use of the Service, you agree to pay applicable fees for each Transaction ("Service Fees"). These fees will be shown to you before you submit your Transaction for processing. Service Fees are subject to change upon prior notice to you by any method permitted under this TOIHCS and applicable law.

6. Funding a Transaction

a. Funding Sources. You can initiate and fund a Transaction by using a valid Funding Source. You authorize your Funding Source to be debited in the amount of the Transaction Amount plus Service Fees. Funds will then be credited to and held in one of a series of master pooled accounts for the benefit of Account holders (the "Master Account"). Although funds will be held at Bank prior to receipt by Recipient, the funds may pass through one or more banks before they are disbursed in the Destination Country.

b. Your Ability to Withdraw Funds; Delays. Bank’s general policy is that funds you deposit into an Account through electronic means such as ACH transfers, direct deposit from an employer, or credit card transactions will be available for withdrawal on the day Bank receives the deposit. However, it may take several days for the Bank to receive your funds, depending on the Funding Source you select. For example, while credit and debit cards typically settle within the same day, electronic check payments may take four (4) or more days to settle and the funds are not considered received by Bank until such time as Bank has received payment in actually and finally collected funds. Once the funds are available for withdrawal, they may be used to fund Transactions, subject to other security and Account set-up requirements described in this document. There may be a corresponding delay in the time it takes to disburse those funds to the Recipient. In addition, there may be delays associated with our verifying your identity, the identity of your Recipient, the validity of your Funding Source and the purpose of your transaction. Disbursement will not occur until these verification procedures have been completed.

c. Fees Imposed by Other Financial Institutions. Providers do not control and are not responsible in any manner for any fees or charges that may be imposed by the financial institution associated with your Funding Source. In particular, some credit card issuers may treat the use of your credit card to fund your Account as a "cash advance" rather than a purchase transaction and may impose additional fees and interest rates for the transaction. These fees are imposed by your credit card issuer, not by Providers. You can avoid most cash advance fees by paying with an electronic check or debit card. Contact your credit card issuer for more information.

d. Funding by Electronic Check. If you choose to fund your Account with an electronic check, you are representing that you have sufficient funds in the existing bank account associated with your electronic check payment, and you are consenting to the following: "I hereby authorize my bank to initiate debits from my account in the amount of the Transaction Amount plus Service Fees, and to credit the same to the Master Account."

e. Failed Funding. If your attempt to fund a Transaction is reversed, rejected for insufficient funds, or is charged back for any reason, you authorize Bank, in its discretion, to resubmit the Transaction Amount to your credit card, check card or deposit account and consent to pay Service Fees. Bank also has the right to collect from you the amount of any uncollected or reversed Transaction, plus any collection expenses, court costs and reasonable attorneys’ fees. You agree to hold Providers harmless from any losses, costs, expenses or damages either of them may incur in connection with collecting any negative balance, or in defending any of the fore going actions, including court costs and attorneys’ fees. You acknowledge that Transactions may be reported to a collection agency or credit bureau if you do not pay Bank in accordance with this T&CS. Bank's disbursement of any Transaction without receiving sufficient funds shall not create any obligation on the part of Bank to make any such Transaction in the future.

7. Disbursing a Transaction

a. Disbursement Options. The Transaction Amount will be disbursed to the Recipient in the manner that you specify from the list of available disbursement options at the time you initiate your Transaction (each, a "Disbursement Option"). Disbursement Options vary by Destination Country, but generally include disbursement by (i) cash pickup, (ii) home delivery, (iii) direct deposit, and (iv) pre-paid stored value card (the "India Health Card"). You cannot change the Disbursement Option after you submit your Transaction. You hereby appoint the Recipient as your agent for the purpose of receiving funds in connection with the Service.

i. Delivery and Direct Deposit. A Local Market Associate will disburse your funds to your Recipient if you select card pickup, home delivery as your Disbursement Option. Pickup means that the Recipient can go to a designated Local Market Associate branch office to receive card, in person. Delivery means that card will be delivered to the Recipient at the address you provide. Direct Deposit means that the funds will be delivered directly into the Recipient’s provider bank account. Note that the time it takes to disburse funds via delivery may depend on where your Recipient lives and the accuracy of the address you provide.

ii. India Health Card. The India Health Card is a prepaid card issued by India Health Card.com that allows your Recipient to pay money to the authorized health care service providers. By selecting the India Health Card as your Disbursement Option, you are instructing Bank to deliver your India Health Card to your Recipient at the address you provide, and to appoint such Recipient as your agent for the purposes of using your India Health Card.

b. Currency of Disbursement.Except for India Health Card transactions, to the extent that funds are disbursed in a currency other than U.S. Dollars, you will be shown the applicable exchange rate at the time you authorize and pay for your transaction, and the corresponding total amount to be disbursed to your Recipient. The exchange rate is set by Providers and may fluctuate until you complete your Transaction. PROVIDERS MAY MAKE MONEY WHEN FUNDS ARE CONVERTED TO A FOREIGN CURRENCY FOR DISBURSEMENT.

c. Timing of Disbursement. Funds will be made available to Recipient for disbursement as soon as possible, subject to possible delays associated with the verification procedures outlined above, receipt of good funds from your Funding Option, attempts to contact and locate your Recipient, currency availability, and the conditions, laws, and regulations applicable in the Destination Country. The availability of funds may be affected by events beyond our control, such as civil disturbances, weather conditions, delays caused by failures in telecommunications and technological processes, distance from delivery centers to the address and location of Recipient, acts of God or other recognized force majeure. Providers therefore cannot and do not guarantee when a particular Transaction will be disbursed.

d. Recipient Identification. Funds will not be disbursed to a Recipient unless he or she presents specified information to verify his or her identity, including but not limited to certain forms of valid identification and a unique Transaction number. You will be notified after funds have been received by Recipient.

e. Transaction Failure. If a disbursement is undeliverable, or is rejected by the Recipient, or is not deposited within one (1) year of delivery if disbursed in the form of a demand draft, the Transaction will be canceled. Generally, you will be credited the Transaction Amount; however, because of currency export controls in effect in certain countries, it may not be possible to credit the amount to you if the funds have been converted into a local currency. If this occurs, you will be given the opportunity to designate a different Recipient residing in the same Destination Country as the original Recipient.

8. Limitations of Service

a. General Restrictions. The funds in your Account can only be used to fund Transactions. Providers monitor your use of the Service. Your use of the Service may be restricted if it appears suspicious, such as sending large amounts of money over short periods of time. Providers may, in their sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Providers reserve the right at any time and from time to time to modify or discontinue the Service (or any part thereof) with or without notice, subject to applicable law.

b. Unauthorized Transactions. The Service may not be used for the improper, unlawful, or fraudulent transfers of funds ("Unauthorized Transactions"). Unauthorized Transactions include but are not limited to attempts (a) to transfer funds using stolen, unauthorized, or otherwise compromised credit card, check card, debit card, bank account, or Account information, (b) to transfer funds using an account with insufficient funds (c) to seek reimbursement of funds that have already been disbursed, (d) to launder funds, (e) to use the Service in connection with gambling or pornography, (f) to fund certain terrorist organizations or individuals as identified from time to time by the U.S. Department of the Treasury, and (g) to violate applicable local, state, or federal laws of the United States, laws of the Destination Country, Territory, international laws, credit card association rules and regulations, or the laws of any other relevant jurisdiction ("Regulations").

c. Commercial Transactions. Providers have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay for using the Service ("Commercial Transactions"). You acknowledge that any use of the Service for Commercial Transactions is at your own risk. You agree to hold Providers harmless for any loss or expense they incur as a result of a Commercial Transaction.

d. Ineligible Recipients. We reserve the right to refuse disbursement to certain Recipients, countries, territories, addresses or other geographic designations in our sole discretion, including without limitation, destinations and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies. You acknowledge that in certain circumstances Providers may be required to freeze Transaction funds and/or suspend a Recipient’s receipt of Transaction funds, and/or segregate those funds in compliance with applicable law.

9. Cancellation and Refunds

You may cancel and obtain a refund of a Transaction upon written request if, at the time your request is processed (not received), the Transaction has not already been disbursed. Cancellation requests must include the following information: (a) your full name, address, and phone number, (b)Recipient's full name, address, and phone number, (c) the date of the Transaction, (d) the location to which funds were to be disbursed, and (e) the dollar amount of the transaction. Refunds will be made in the Transaction Amount (not including Service fees), and will always be made in the same form of payment originally made. Refunds will only be made in U.S. dollars. Under no circumstance will refunds be made if a Transaction has already been disbursed.

10. Records and Reports

Providers maintain records of your Transaction history to the extent required under applicable Regulations. Records will be updated on a continuing basis, as Transactions are made and received. You may access these records through the website at any time the Service is available. Each month, you will receive an electronic communication requesting that you review your Transaction history. Such communication shall constitute your periodic statement, as required by law. Upon receipt of such email, you should review your online account history for the preceding sixty (60) days.

You agree that consumer reports may be obtained in connection with your use of the Service. Upon your request, Providers will inform you whether such a report was requested, and if so, the name and address of each agency which furnished such a report.

11. Errors and Questions

You should contact Providers as soon as you can if you think your Transaction history is wrong or if you need more information about a listed Transaction. Contact Providers online at www.indiahealthcard.com. For errors involving new Accounts, Providers may take up to ninety (90) days to investigate your complaint or question. For new Accounts, Providers may take up to twenty (20) business days to credit your Account for the amount you think is in error. Providers will tell you the results within three (3) business days after completing its investigation. If it decides that there was no error, it will send you a written explanation via email. You may obtain copies of documents used in its investigation for a fee

12. Accuracy of Information You Provide

You represent and warrant that all information you provide in connection with the Service, including but not limited to information about yourself, your Funding Source, and your Recipient, will be complete and accurate in all respects. Providers are entitled to rely on any such information, and you agree to update your personal information if it changes. Providers also reserve the right to take steps to verify the information you provide, although they may not be required to do so. Your ability to use the Service may be terminated and any pending Transactions may be cancelled if you provide false information. In addition, you may be subject to civil and criminal penalties.

13. Indemnity

You agree to indemnify and hold Providers and their respective affiliates, subsidiaries, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the T&CS, or your violation of any rights of another.

14. Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.

15. Provider’s Intellectual Property

You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by India Health Card ("Providers’ Intellectual Property"). You agree not to display, use, copy, or modify Providers’ Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).

16. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. (a) PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&CS.

17. Limitation of Liability

EXCEPT FOR ANY RIGHT TO A REFUND EXPRESSLY DECRIBED HEREIN, YOU UNDERSTAND AND AGREE THAT NEITHER INDIA HEALTH CARD, NOR BANK, NOR LOCAL MARKET ASSOCIATES SHALL BE LIABLE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) DELAY, NONPAYMENT, OR UNDERPAYMENT OF ANY MONEY TRANSFER; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING A BREACH OF PROVIDERS'S SECURITY; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ABOUT THE SERVICE; (v) YOUR FAILURE (THROUGH NO FAULT OF OUR OWN) TO HAVE ENOUGH FUNDS AVAILABLE ON YOUR INDIA HEALTH CARD TO COMPLETE A PARTICULAR TRANSACTION; (vi) A MERCHANT’S REFUSAL TO ACCEPT YOUR INDIA HEALTH CARD; (vii) THE FAILURE OF A PARTICULAR ATM WHERE YOU ARE MAKING A CASH WITHDRAWAL TO HAVE SUFFICIENT CASH ON HAND TO COMPLETE THE CASH WITHDRAWAL IN FULL; (viii) THE FAILURE OF AN ELECTRONIC TERMINAL WHERE YOU ARE MAKING A TRANSACTION TO OPERATE PROPERLY, COMBINED WITH YOUR KNOWLEDGE OF SUCH A PROBLEM WHEN YOU INITIATED THE TRANSACTION; (ix) ACCESS TO YOUR INDIA HEALTH CARD OR ACCOUNT BEING BLOCKED AFTER YOU REPORTED IT LOST OR STOLEN, OR OTHERWISE COMPOMISED; (x) YOUR FUNDS BEING HELD OR OTHERWISE RESTRICTED SUBJECT TO LEGAL PROCESS; (xi) OUR REASONABLE BELIEF THAT A REQUESTED TRANSACTION IS A UNAUTHORIZED TRANSACTION; (xii) CIRCUMSTANCES BEYOND OUR CONTROL (SUCH AS FIRE, FLOOD OR COMPUTER OR COMMUNICATION FAILURE) PREVENTING THE COMPLETION OF A TRANSACTION, DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN; OR (xiii) ANY OTHER MATTER RELATING TO THE SERVICE.

IF INDIA HEALTH CARD, BANK, OR LOCAL MARKET ASSOCIATES ARE DEEMED LIABLE TO YOU IN CONNECTION WITH ANY TRANSACTION MADE OR NOT MADE IN ACCORDANCE WITH THIS T&CS, THE MAXIMUM AGGREGATE LIABILITY OF INDIA HEALTH CARD, BANK, AND LOCAL MARKET ASSOCIATES SHALL BE THE CORRESPONDING TRANSACTION AMOUNT, WITHOUT INTEREST, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE T&CS MAY NOT APPLY TO YOU.


19. Dispute Resolution and Governing Law

PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.

Any controversy, dispute or claim arising out of or relating to the T&CS, the Service, or any other services provided to you by Providers or Local Market Associates, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (available at www.adr.org) and, as the parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce, it shall be governed by the Federal Arbitration Act, as incorporated in Title 9 of the United States Code. The arbitrator shall issue a reasoned award if so requested by you or Providers, and may not modify, rewrite, or otherwise reform this T&CS, including but not limited to interpreting the T&CS beyond the range of semantic permissibility. The arbitrator, in his or her discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party. Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a Recipient. Disputes include not only claims that relate directly to Providers, but also its Local Market Associates, successors, assignees, employees, and agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THEIR USE OF PROVIDERS'S SERVICES.


20. General Information

a. Entire Agreement. The T&CS constitutes the entire agreement between you and Providers and governs your use of the Service, superseding any prior agreements between you and Providers. You also may be subject to additional terms and conditions of third parties.

b. No Waiver. The failure of Providers to exercise or enforce any right or provision of the T&CS shall not constitute a waiver of such right or provision. If any provision of the T&CS, is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the T&CS as reflected in the provision, and the other provisions of the T&CS shall remain in full force and effect.

c. Modification. The T&CS may be modified or amended by Providers from time to time without notice, except as may be required by law. You can review the most current version of the T&CS at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you will be deemed to have accepted that amendment or modification. You agree that you will not modify this T&CS and acknowledge that any attempts by you to modify this T&CS shall be void.