TERMS AND CONDITIONS

Please read the following Terms & Conditions carefully since they govern your use of the Index Exchange website. From this point on, we will refer to the Index Exchange website as "Website" in these Terms & Conditions.

1. Interpretation and Definitions

Interpretation

Words importing only the singular shall include the plural and vice versa.

The words importing any gender shall include all genders, words importing person shall include a sole proprietor, partnership, firm, company, corporation or other legal person.

Definitions

For the purposes of these Terms and Conditions:

1. “Application” means the software program provided by the Company downloaded by You on any electronic Device, named Index Exchange
2. “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
3. “Account” means a unique account created for You to access our Service or parts of our Service.
4. “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Index Exchange LLC, UAE, having its registered office at P.O. Box 6161 Shop No.10, Plot No. 682, Al Mubarak Hypermarket Complex Bldg., Industrial Area No.3, Sharjah, UAE and principal office at: Sons of Jassim Al Darwish Building, Office No.201, 2nd Floor, Khalidiya, Zayed The 1st Street, P.O. Box 2370, Abu Dhabi, UAE.
5. “Country” refers to United Arab Emirates (UAE).
6. “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
7. “Service” refers to money remittance services or such other services made available online on the Application and Website by the Company.
8. “Terms and Conditions” (also referred as "Terms") mean these Terms that form the entire agreement between You and the Company regarding the use of the Service.
9. “Third-party Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
10. “Transaction” means any money transfer that you initiate using the Service.
11. “Website” refers to Index Exchange website, accessible from www.indexexchange.ae
12. “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

1. These are the Terms governs the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.
3. By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service. It is your responsibility to ensure that You periodically update yourself on every occasion of your access or use of the Service to review the Terms for any modifications. Unless otherwise specified by us, all such modifications in the Terms shall take effect automatically and be binding on and from the day of such modification. By continuing to access or use of the Service, you will be deemed to have agreed to accept and be bound by the modified. If you do not agree to the modifications, you should discontinue accessing or using the Service.
4. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
5. This Service is offered and available to users who are 18 years of age or older, and reside in the United Arab Emirates, and are registered with the Company. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all other eligibility requirements including those mandatory by applicable laws for using the Service. If you do not meet all these requirements, you must not access or use the Services.

3. User Accounts

When You create an account with Us for the use of the Service you will:

1. provide Us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require confirming your identity.
2. supply Us with all information and documentation we may ask in order to process your Transaction and to comply with any legal requirements applicable to us or to our partners.
3. update all information you provide to us to keep it accurate, current, complete and true.
4. not use the Service for or in connection with any unlawful purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application
5. not open more than one registered account with us.
6. use the Service to send money only to people that you know personally or to pay for goods and services purchased from suppliers of whom you have sufficient knowledge and whose identity you verified. You acknowledge that we have no control over the suppliers or over the goods and services for which you use our Services to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.
7. You understand and accept that:
8. We are legally obliged to retain information about our customers and the Transactions that we process for up to 5 years after termination of our relationship with you or as may be required from time to time by applicable law or by any regulatory authorities;
9. All currency converted as part of the Service will be converted using our rate of exchange as communicated to you during the Transaction. We reserve the right to make changes to our rate of exchange at any time without providing notice.
10. Some countries may impose minimum and maximum thresholds in relation to the amounts that can be sent through our Service.
11. You shall be liable to Us and indemnity Us in full for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you or any breach of the Terms by you.
12. You must contact Us as soon as possible if you believe or suspect that a Transaction was not executed properly or that the amount has not been received or was only partly received.
13. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third Party Service.
14. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
15. You shall not impersonate any person or entity, falsely claim, or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, perform any fraudulent activity.
16. The debit/credit card details provided by You for use of the aforesaid Services must be correct and accurate and that You shall not use a debit/ credit card, that is not lawfully owned or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid debit/credit card details.
17. You warrant, agree and confirm that when You initiate a payment Transaction and/or issue an online payment Instruction and provide your card /bank details:
18. You are fully and lawfully entitled to use such credit/debit card, bank account for such Transactions.
19. You are responsible to ensure that the card/ bank account details are provided.
20. You are authorizing debit of the nominated card/ bank account for the payment of fees selected by such user along with the applicable Fees.
21. You are responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the Transaction.

4. Information about You

Personal Data

For information relating to how Your personal data is collected and processed by us, please refer to Our Privacy Policy

Non-Personal Data

We may, or may allow third party companies we work with to, automatically collect, monitor and store certain non-personal data and information about visitors to our Website or Application (“Non-Personal Data”). “Non-Personal Data” means information that does not identify you as an individual.

Use of Cookies and Links to other websites

Our Services may contain or use cookies or other similar technology (collectively, “Cookies”). Such Cookies enable (i) you to browse our Website or Application and use certain features; and/or (ii) us or third party companies we work with to measure, research and analyse how our visitors use our Services, remember our visitors’ online preferences, and to manage online advertising (including delivering advertisements to our visitors); but do not capture any information that can be used to identify you personally. We do not control and are not responsible or liable for any Cookies which are (i) contained in third party advertisements or links on our Website or Application; or (ii) used by third party advertisers or third party web pages or websites which are linked to or from our Website or Application (“Third Party Cookies and Links”).

You agree that your access to and/or use of such Third Parties Cookies and Links is entirely at your own risk and subject to such third parties’ terms and conditions of access and/or use (including without limitation their privacy and data processing policies and practices). You should check such third parties’ privacy and data processing policies and practices to determine how they will handle any information and data (including personal data) they collect from you or which you provide to them. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.




5. Fees

You shall bear all the fees and charges in respect of usage of the Services. All payments of fees and charges shall be made without deduction. Our Fees might vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the confirmation.




You can pay through various options specified below:

1. Direct Debit System
2. Through UAE Payment Gateway System (UAEPGS) Portal
3. Pay at branches
4. Debit from Payroll Card
5. Payment from Debit or Credit Card
6. Net Banking

Please note that additional charges might apply based on the type of payment method selected.




We are not liable for any additional fees that the banks (either on the sending or receiving side) may charge.

6. Cancellations and Refunds

You can request for cancellations and refunds by emailing us at info@indexexchange.ae.




We are not liable for any additional fees that the banks (either on the sending or receiving side) may charge.




Cancellations or Refunds can take up to 30 business days to be processed where accepted and this solely depends on the counterparties which are beyond our control.




Additional charges might apply for cancellations and refund requests.




The channel of refunds shall be decided by the Company depending upon the payment method you have used during the original Transaction.




7.Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks may not be used in connection with any product or service without the prior written consent of the Company. In the event of any misuse or infringement of any intellectual property, the Company reserve all rights to seek appropriate reliefs against such misuse or infringement.

8. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the particular Transaction.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

9.Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

You hereby acknowledge that the direct debit system, UAEPGS and net banking depend on various electronic equipment and technology used from time to time. There could be delays and snags in receipt/transmission of any orders.

10.Indemnity

You agree to defend, indemnify and hold harmless the Company and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to the use of the Services.

11. Termination

We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.




We have the right to:



• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
• Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information. You waive and hold harmless the company and its Affiliates, licensees, and service providers from any claims.

Upon termination, Your right to use the Service will cease immediately.




If You wish to terminate Your Account, You may simply discontinue using the Service.




12. Governing Law and Disputes Resolution

These Terms shall be construed in accordance with the laws of United Arab Emirates and the rules, regulations and directives of the Central Bank of United Arab Emirates. In the event of any dispute arising as a result of the breach of the Terms, the courts of Abu Dhabi shall have jurisdiction, provided that the Company may, if it deems appropriate, initiate proceedings in any other jurisdiction

13. General

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, kindly stop using the Services.

Contact Us

If you have any questions about these Terms, You can contact us:

• By visiting this page on our website:https://www.indexexchange.ae/contact_us
• By sending us an email:info@indexexchange.ae"