TERMS AND CONDITIONS OF "Har Naam Par Inaam" ("OFFER")
This Har Naam Par Inaam  OFFER (hereinafter referred to as “OFFER”) is being conducted by TimesofMoney Limited, a company incorporated under the Companies Act, 1956 and having its Registered Office at 4th Floor, Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel (West), Mumbai 400013, India (hereinafter referred to as “TOML” and/or “the Company”, which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns).
 
The terms and conditions contained herein form an Agreement regulating our relationship with regard to availing of the Offer by you. You are advised to read the Terms and Conditions carefully. If you are not agreeable to any terms and conditions, you should not avail this Offer. If you avail the Offer you shall be accepting these Terms and Conditions unequivocally and unconditionally in their entirety and these Terms and Conditions will be a legally binding agreement between you and TOML. However the terms and Conditions of www.remit2india.com shall independently bind you additionally to the extent applicable.
 
DEFINITIONS
 
In these Terms and Conditions, unless repugnant to the context or meaning thereof, the following words shall have the following meanings:
 
a)
  1. “Existing Customers” shall mean individuals already registered with TOML’s Website (as defined herein), and who are already customers of TOML’s Website. I.e. any Remit2India Customer who in the past successfully completed a Valid Transaction of remittance of money using the TOML website.
 
b)
  1. “New Customers” shall mean any individual, who is not an Existing Customer that visits the TOML Website, during the “Offer Period” and registers on the TOML Website for the first time for remitting money.
 
c)
  1. “Beneficiary” shall mean an individual in India to whom the remittance has been sent by a Remit2India Customer (Existing or New).
 
d)
  1. “Participant” shall mean any Indian individual who gets himself/herself registered with www.harnaamparinaam.com.
 
e)
  1. “Remit2India Product” or “Remit2India Service” or “R2I” or “Remittance facility” shall mean the online money remittance service provided through TOML Website by its banking partners to its Customers (Existing and New).
 
f)
  1. “Taxes” shall mean and include all applicable taxes, cess, duties, surcharge, withholding taxes that are leviable on any payments or transactions envisaged under these Terms and Conditions pursuant to the laws of India and the laws of any other applicable jurisdiction.
 
g)
  1. “TOML’s Website” or "TOML Website" means www.remit2india.com or http://www.timesofmoney.com/remittance/jsp/home.jsp?uiId=TOML.
 
h)
  1. “Valid Transaction” shall mean a transaction of remittance of money booked by the Customer/Remitter (Remit2India Customer, who wishes to transfer money to India) on TOML Website, which results in successful disbursement of funds by the Banking Partner of TOML to the Beneficiary of Remitter.
 
OFFER PERIOD
 
1. This Offer will be a Limited Period Offer. The Offer will open at 00.00 IST on 15th May 2013 and will close on 23.59 IST on 15th June 2013 (“Offer Period”). The Company may extend the offer period at its sole discretion with or without notice.
 
HOW TO ENTER
2.
  1. To participate in the Offer a Customer needs to refer a person about Remit2India and the new customer needs to do a Valid Transaction of remittance to a Beneficiary in India. The transaction shall be termed as successful and valid transaction, once funds are disbursed to the Bank Account of the Beneficiary or once funds are paid to the Beneficiary through Demand Draft in compliance with the Terms and Conditions of TOML’s Website, available at-http://www.remit2india.com/remittance/jsp/r2i_termsAndCondition.jsp?uiId=TOML
   
3.
  1. Eligibility to Participate -
This Offer is available only on valid transaction by customers of Remit2India website only. In order to qualify as an eligible participant in the Offer:
   
 
a)
    1. The Customer (Existing or New) must be an adult as per Indian Laws.
   
b)
    1. The Customer must completely and irrevocably accept the terms and conditions of this Offer and the terms and conditions of Remit2India Services and shall remain compliant in order to maintain the eligibility in the Offer at all times.
   
4.
  1. Prizes  -
   
 
a)
      1. Customers are solely responsible for all applicable federal, state, and local taxes associated with the receipt of prizes.
   
b)
      1. There is no connection between the revenue generated, if any, by the Offer and the Prizes being offered under the Offer.
   
c) The Offer shall come to an end on the expiry of the Offer Period and TOML shall have the right not to honor the prizes after that date. After the Offer Period TOML shall not be liable in any manner with regard to the prizes.
   
Other Terms and Conditions
   
5.
  1. By participating in the Offer, the Participant agrees to be bound by these terms and conditions (which may be amended or varied at any time by TOML with or without notice) and by TOML’s decisions, which shall be deemed to be final and binding in all matters pertaining to the Offer. All changes in terms and conditions will be posted on the TOML Website. It shall be the sole responsibility of the Participant to check on TOML's Website for updates on this offer and for updated term and conditions.
   
6.
  1. TOML shall not in any way be deemed to be making any representation or warranty whatsoever in connection with any of the Gifts in the Gift Basket (including the quality thereof) or in connection with the timeliness of their delivery / conduct by the vendor and shall not be responsible in any way whatsoever for the same.
   
7.
  1. The Offer and the opportunity to participate therein is entirely voluntary. Participation in this offer shall be deemed to be acceptance of all the Terms and Conditions governing the Offer.
   
8.
  1. All and any incidental costs direct and/or indirect, if any, in relation to the prize, including any Taxes shall be borne by the Participant and in no manner whatsoever shall TOML be responsible for the same.
   
9.
  1. TOML reserves the right to take pictures/videos of Participants and have all rights to use the pictures/videos for publicity.
   
10.
  1. If any provision of these terms and conditions, is declared null and void, or is of no force and effect for any reason such determination shall not affect any other provisions of these terms and conditions and all other provisions shall remain in full force and effect.
   
11.
  1. The Participants shall at all times be liable to sign and submit to TOML any declarations and/or documents as required to be executed by TOML with reference to the Offer. Non-acceptance by any Participants of the declarations and/or documents stated herein will disqualify them from participation, immediately, as the case may be.
   
12. The Prizes enumerated herein shall be non-transferable and/or non-negotiable. TOML reserves the right to change the Prizes offered under this offer at any point of time without informing the Participants/ Remit2India Customers.
   
13.
  1. This offer is available only for Customers of Remit2India. The Offer is not available wherever prohibited or in any place where cannot be offered for any reason whatsoever. TOML shall be entitled, at its sole discretion, to cancel the Prizes to any Participant where such prohibition is applicable and / or cannot be offered for any reason whatsoever.
   
14.
  1. The Participant/Customer should not have criminal conviction, at any time. This is a ground for disqualification from availing the Offer.
   
15.
  1. There may be other offers running simultaneously, no two offers can be combined. It shall be entirely at the discretion of TOML to consider any exceptions to the above.
   
16.
  1. Non-conformance by any Participant of the Terms and Conditions of the Offer will disqualify them from participation in the Offer.
   
17.
  1. Participant waives his/her right, either individually and/or severally, to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum under any jurisdiction against TOML to claim any damages or relief or otherwise.
   
18.
  1. Any disputes or differences under this Agreement shall be resolved by International Commercial Arbitration. All disputes or differences whatsoever arising between Participant and TOML  out of or relating to the construction, interpretation, meaning or operation or effect of this contract/terms and conditions/agreement or breach thereof  (including any dispute or difference in regard to termination thereto or arising out of availing of this Offer) shall be settled amicably, failing which the same shall be referred to Arbitration, of a Sole Arbitrator to be appointed by TOML  in terms of the Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments or statutory modification or enactment thereof from time to time.  The Decision of the Arbitrator shall be finally and binding on Participant and TOML. The Venue of the Arbitration shall be Mumbai, India and the award shall be made and given / pronounced in Mumbai, India. The Agreement shall be governed by laws of India and Courts at Mumbai shall have exclusive jurisdiction. The challenge of award, if any, shall also lie exclusively with Indian Courts at Mumbai.
   
19.
  1. TOML reserves the right to discontinue this Offer, at its sole discretion, at any time without giving any prior notice and without assigning any reason thereof to Participants.
   
20.
  1. The terms and conditions of the Offer shall be in addition to and not in substitution/ derogation to the Terms and Conditions governing the usage of the Remit2India services offered by TOML as set out on the TOML Website.
   
21. If Participants violate any of the terms and conditions enumerated herein or if Participants dispute any Prize(s) or costs to be borne by Participants under this Offer, Participants hereby authorize TOML to cancel their participation and forfeit the Prize(s), if any. TOML in its sole discretion may announce another Participant in such a case.
   
22.
  1. Indemnification -
   
 
(i) The Participants hereby agree to indemnify and hold TOML absolutely harmless at all times from any loss, claim, prejudice, damage, costs, Taxes, duties, penalties, interest thereon or expenses of any kind, including reasonable attorney’s fees and legal costs to which TOML may be subjected:
   
 
(a)
    1. by virtue of a breach of the representations and warranties or any term or condition by the Participants;
   
(b)
    1. by virtue of any contravention and/or non-compliance on the part of Participants with any statutes, laws, ordinance, regulations, directions and codes as may be applicable from time to time;
   
(c)
    1. on account of any improper disclosure of Information; or
   
(d)
    1. on account of any act of negligence, misfeasance or fraud;
   
  and Participants undertakes to fully compensate TOML for any of aforesaid damages or costs.
   
(ii)
  1. The provisions of this Clause shall be without prejudice to any other rights available to TOML. In this regard, TOML’s estimation of claim or loss caused if any would be final and binding on the Participants.
   
  Notwithstanding any other provision of these terms and conditions, in no event shall TOML be liable to the Participants for any lost profits or revenues, consequential, indirect, exemplary or similar damages arising out of or in connection with the  Offer.
   
23. All communication should be addressed to info@remit2india.com.