These terms and conditions (“Terms”) govern the Users (as defined below) availing the Services (as defined below) provided by Interropac Private Limited (“Company”, “we”, or “us”), with its registered office at No 326, Slate House, 2nd Floor, 1st Stage, Binnammangala, Indiranagar, Bangalore KA 560038 India, through its website available at www.karbonfx.com (the “Platform”), which may be made available to the Users by the Company.
These Terms also include our privacy policy available at www.karbonfx.com/privacypolicy, and any other guidelines, additional terms, policies, or disclaimers made available by us from time to time or any agreement executed between the Parties.
These Terms may be updated by us from time to time. You can always review the most current version of these Terms on the Platform. If, at any point in time, you do not agree to these Terms or if you cannot comply with the requirements set forth herein, you should not view, use, or access the Platform in any manner whatsoever.
As a User Representative (as defined below), you represent that: (a) you are entering into these Terms on behalf of the User; (b) the Account (as defined below) is for and held in the name of the User; (c) the User has full legal capacity and is duly incorporated and validly existing under the laws of India; and (d) you have full legal capacity and authority to bind yourself and the User to these Terms.
The following definitions apply in these Terms:
To access the Platform, the User shall create and operate accounts on the Platform (“Account”). The Account may be operated only by User Representatives.
You represent that you have all rights required to provide the information to the Company for availing the Services and that all information provided by you to the Company is complete, true, and accurate.
You are responsible for maintaining the confidentiality of your username(s) and password(s) assigned during the Account registration process, and agree to immediately notify us of any actual or suspected unauthorised use of the Account or any other breach of security, including any unauthorised disclosure of the username or password by the User Representatives.
You must ensure that you log out from the Account at the end of each session to prevent any misuse. You shall be responsible, liable, and accountable for all actions that take place through your Account. The Company shall in no manner be liable for any actions that take place through your Account including but not limited to hacking and security breaches.
The Company reserves, at its sole discretion, the right to suspend the Account if it is of the opinion that the Account is being accessed by any unauthorised party.
You must comply with all applicable laws and regulatory requirements, including privacy laws and intellectual property laws, in using or accessing the Platform.
The User shall at all times be liable for any act and omission of the User Representatives.
You shall not:
Subject to the User’s payment of applicable Fees, we grant you a royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, in accordance with these Terms.
Subject to the limited right granted in Clause 5.1, all rights, title, and interest in and to the Platform, including all intellectual property rights in relation to the Platform, are owned by or otherwise licensed to the Company.
The Company may request you to submit suggestions and other feedback, including bug reports, relating to the Platform from time to time (“Feedback”). The Company may freely use, copy, disclose, create derivative works, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
The Platform, domain name, and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time are owned and operated by us. Subject to these Terms, we may allow you to use the Services solely for your own use, and not for the use or benefit of any third party.
The fees charged by the Company for the Services and the payment terms for the same shall be set forth on the Platform or the Customer Agreement (“Fees”).
If you are opting for our foreign inward remittance services, you additionally agree that your use of the Platform processing service to receive export payments is subject to the XFlow Connected User Terms of Service (“Connected User ToS”) available at https://docs.xflowpay.com/connected-user-agreement/, which are hereby incorporated by reference. Please click on the link provided to read the Connected User ToS. In order to use the Platform processing service, you consent to and agree to be bound by the Connected User ToS. The Connected User ToS may be updated from time to time. You are expected to check the link provided above for any such updates. Your continued use of the Platform processing services to receive export payments will be considered as your acceptance of the updated Connected User ToS.
The Platform may contain links to third-party content. You understand that third-party content is the responsibility of the third party that created or provided it and the Company excludes all warranties and liabilities pertaining to such third-party content available on the Platform through such links. You acknowledge that the use of such third-party content through such links is solely at your own risk.
All intellectual property rights in and to third-party content are the property of the respective third parties.
The Company does not control, endorse, sponsor, or adopt any third parties referenced on the Platform, and makes no representations or warranties of any kind regarding such third-party content, including, without limitation, its accuracy or completeness.
You acknowledge and agree that:
You acknowledge and agree that:
Upon termination: (a) the Platform and Services will “time-out”; (b) the User shall not be eligible to use and/or access the Platform and avail any Services; and (c) these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
You shall on demand indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of: (i) your use and access of the Platform and Services, or (ii) any violation of these Terms or the Customer Agreement, or (iii) any third-party infringement claim arising out of the information (including Information) provided by you.
Notwithstanding anything to the contrary contained herein, neither the Company nor its affiliates nor any related party shall be liable to you for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to the Terms.
To the maximum extent permitted by applicable law, the User agrees to waive, release, discharge and hold harmless the Company, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Platform and Services.
The total aggregate liability of the Company to you or any third party, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms, your access and use of the Platform and functionalities, shall in no event exceed INR 5,000 (Rupees Five Thousand).
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. You agree and acknowledge that the Company shall not be liable to you or to any third party for any such addition, modification, suspension, or discontinuation of the Platform.
Additionally, the Company reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected, will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, you should not view, use, or access the Platform in any manner.
If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the paragraph, in which case the entirety of the relevant provision will be deemed to be deleted).
You agree that the Company may assign, transfer, sub-contract or otherwise deal with the Company’s rights and obligations under these Terms. The User shall not, without the Company’s prior written consent, assign, transfer, sub-contract or otherwise deal with any of the User’s rights and obligations under these Terms.
No third party shall have any rights to enforce any Terms contained herein.
These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of courts at Bangalore, India.
Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination, or invalidity shall be referred to and finally resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause.
Within 30 (thirty) days of the issue of a notice of dispute, the Parties shall mutually agree on the appointment of a sole arbitrator. If such mutual agreement is not arrived at within the aforesaid 30 (thirty) days’ period, the Parties shall appoint such sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
The seat of arbitration shall be Bengaluru and the arbitration proceedings shall be conducted in the English language.
The Parties agree to keep the arbitration confidential and not disclose to any person, other than those necessary to the proceedings, any information, transcripts, or award unless required by Applicable Law. The decision of the arbitrator shall be final and binding on us/you hereto.
The Parties hereto agree that the consent for resolution of dispute through arbitration shall not preclude or restrain either Party from seeking suitable injunctive relief in appropriate circumstances from courts in Bengaluru.
The cost of arbitration shall be borne in a manner by the Parties as determined by the arbitrators. In the meantime, the Parties shall bear their own cost for the arbitration which shall be reimbursed as per the directions in the arbitral award.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at forex@karboncard.com.