Terms and Conditions of Outward Remittance Facility offered by
Federal Bank
These Terms and Conditions (“Terms”) shall apply to the
facility provided by Federal Bank (“Bank”) to eligible
Users for Outward Remittance of Funds, specifically for the purpose of
investing in US Stocks (“Facility”) on the portal of
M/s Epifi Technologies Private Limited By applying for
the Facility through the
M/s Epifi Technologies Private Limited web/mobile
application (“Portal”), it shall be deemed that the
User has accepted the below Terms and Conditions.
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User understands and hereby agrees that these Terms shall be in
addition to and supplemental to any other terms and conditions
governing the Outward Remittance of Funds by User, as may be
prescribed and published by the Bank from time to time in its website
(www.federalbank.co.in). These Terms may be updated from time to time
by posting the updated Terms on the Portal and/or the Bank’s web site.
If any of the Terms are not acceptable to User, then unless otherwise
stated herein, User's sole and exclusive remedy shall be to
discontinue using the Portal and the outward remittance facility
offered by the Bank through the Portal.
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As foreign outward remittance from India involves drawal of foreign
exchange by the User from Federal Bank, the same is subject to the
provisions of Foreign Exchange Management Act (FEMA), 1999. The User
understands that, as per the provisions of the said Act, it is his/her
responsibility to ensure that the transaction is in compliance with
the provisions of the said Act, and any rules, regulations, guidelines
and notifications issued under the said Act. Any contravention of the
same may invite penal action against the User by the competent
authority under provisions of the said Act.
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The facility for foreign outward remittance is being offered by the
Bank to only those Users who are eligible to draw foreign exchange
under Liberalised Remittance Scheme (LRS) of Reserve Bank of India,
and for limited purposes which are within the provisions of Foreign
Exchange Management Act, 1999.
By accepting these terms and conditions, the User confirms and declares
that:
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User is an individual resident in India as defined in Foreign Exchange
Management Act (FEMA), 1999,) as notified by Reserve Bank of India,
and any modifications thereof from time to time.
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the total amount of foreign exchange drawn by the User from all
sources during the current financial year, including the present
transaction, does not exceed USD 2,50,000 or equivalent or such other
amount as may be specified by Reserve Bank of India from time to time.
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the beneficiary is a person resident outside India as defined in
Foreign Exchange Management Act (FEMA), 1999.
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the remittance is not intended and will not be used for any purpose
that is in the nature of a Capital Account transaction i.e., the
remittance will not alter the assets or liabilities of the remitter
held abroad.
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the remittance does not constitute a transaction listed in Schedule I
or Schedule II of Foreign Exchange Management (Current Account
Transactions) Rules, 2000, as amended from time to time.
- the remittance does not constitute any of the following:
- Remittance out of lottery winnings
- Remittance of income from racing/riding etc. or any other hobby
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Remittance for purchase of lottery tickets, banned / proscribed
magazines, football pools, sweepstakes, etc.
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Payment of commission on exports made towards equity investment in
Joint Ventures / Wholly Owned Subsidiaries abroad of Indian companies.
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Remittance of dividend by any company to which the requirement of
dividend balancing is applicable.
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Payment of commission on exports under Rupee State Credit Route,
except commission up to 10% of invoice value of exports of tea and
tobacco.
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Payment related to "Call Back Services" of telephones.
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Remittance of interest income on funds held in Non-Resident Special
Rupee (Account) Scheme.
If any of the above conditions is not being met, the User is strictly
advised not to accept these Terms and Conditions. If any of the
declarations contained herein are made wrongly, the same will amount to
wilful contravention of the provisions of Foreign Exchange Management
Act, 1999, and may invite penal action accordingly. The Bank may
initiate closure of the Users account held with the Bank without prior
notice and report the matter to Reserve Bank of India (RBI), if the Bank
finds at any point of time that the User has made a wrong declaration.
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The User shall, prior to submission of request for foreign outward
remittances, ensure that he/she has complied with all the guidelines
prescribed by Reserve Bank of India (RBI) in respect of the
Liberalised Remittance Scheme. It is also the responsibility of the
User to double check and ensure correctness of the details of the
Beneficiary Bank, Intermediary Bank and Transaction details. The Users
must note that it is not possible for the Bank to cross-check/verify
these details and any error/mistake, inadvertent or otherwise, in the
details provided by the User can lead to the funds getting credited to
a wrong Bank / Account in foreign countries. It will not be possible
for the Bank to recall / retrieve the funds in such a situation and
may cause a financial loss to the User. The Bank will not be
responsible for any loss that may be suffered by the User due to such
errors/mistakes. The Bank shall not be responsible for any error or
omission made by the User in keying in or otherwise providing the
information required to avail of the Facility or any consequences as a
result of such error or omission.
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The exchange rates available to the User in the M/s Epifi Technologies
Private Limited platform/Portal/module at the time of submitting the
request are indicative rates only and the same may change before the
User request is processed. If there are wide fluctuations in the
exchange rates, the Bank reserves the right to cancel the transaction
and the User is not entitled to make any objections in this regard.
The decision of the Bank as to the wide fluctuations in the exchange
rate and consequential cancellation of the transaction shall be final
and binding on the User.
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Users should ensure to maintain adequate clear balance in his/her
account to enable the Bank to make the required debits. The
transaction will be rejected in case of non-availability of sufficient
clear funds in the account and Bank shall not be liable for any losses
sustained by User owing to such rejection.
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User should note that the foreign bank(s) involved in routing of the
transaction, may deduct their charges from the amount of remittance,
as per applicable rules and regulations of the respective
country/bank. In such a situation, the beneficiary may not get the
full amounts remitted from India. The Bank does not have any control
on such deductions. The User is advised to check with the beneficiary
in advance of applicable charges in the destination/routing
country(ies)/bank(s) and keep adequate margin in the amount of
remittance to ensure that the required amount reaches the
beneficiary. In certain instances, the foreign bank(s) may claim
their charges from the Bank, subsequently, as per applicable rules and
regulations of the respective country. By accepting these terms and
conditions, the User hereby irrevocably authorizes the Bank to debit
the amount of such charges to his/her account as and when such claim
is received.
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User agrees that, in the event of the remittance getting delayed or
withheld at the foreign bank(s), for any reason whatsoever, they shall
have no claim against the Bank for such delay or withholding of funds.
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The User further indemnifies the Bank against any claims, losses,
damages or penalties that may be incurred, sustained or levied by the
Bank on account of carrying out the transactions, including for non-
compliance of Foreign Exchange Management Act (FEMA), 1999 and allied
Rules. The User alone shall be liable for claims of any nature, loss
and any damages that may be caused to the Bank or the User due to
misuse or otherwise of the Facility either by the User, its agents,
authorized representatives or by any person making an unauthorized
access to the User's accounts or on account of any error, mistake
or omission in the request submitted by the User. User also agrees
that the Bank is undertaking this transaction in good faith, based on
their declarations, and they undertake to indemnify the Bank against
any claims or damages that may arise in case of any violation.
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User will be solely and absolutely responsible for the confidentiality
of the account credentials which includes, but not limited to, User
ID, password etc. and will be fully responsible for all transactions
processed through the User's credentials, including any
unauthorized use or misuse of such account credentials by entities
other than the User. User agrees absolutely that the Bank will not be
held responsible for any such loss and also undertakes to indemnify
the Bank against any liability, claims, damages etc. on account of
such unauthorized use or misuse of User's account.
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USER ACKNOWLEGES, UNDERTAKES & AGREES THAT THE FACILITY IS
PROVIDED BY THE BANK ON A BEST-EFFORTS BASIS AND THE BANK DOES NOT
WARRANT THAT FACILITY SHALL BE UNINTERRUPTED OR ERROR FREE. TO THE
EXTENT PERMITTED BY LAW, THE BANK DISCLAIMS WARRANTY OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO THE
FACILITY PROVIDED TO THE USER INCLUDING FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT.
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By accepting these terms & conditions, the User hereby irrevocably
authorizes the Bank to debit his/her account with the amount of
remittance converted into Indian Rupees at the applicable exchange
rate and with the amount of charges as applicable from time to time.
User also agrees that the Bank may at its sole discretion discontinue
the outward remittance facility provided to the User at any time,
without any prior notice.
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User understands that the facility for investing in US Stocks is
provided by the M/s Epifi Technologies Private Limited and not by the
Bank. Bank has no role in the said facility other than providing
provision for outward remittance of funds based on User’s specific
request. For providing the said facility, M/s Epifi Technologies
Private Limited shall enter into agreement(s) with one or more
overseas stock brokers (“Brokers”), who are duly registered with the
regulatory bodies/entities/organizations in their respective
jurisdiction(s). User also acknowledges and undertakes that Bank shall
not be held liable in any manner for any such sharing of information
or data by M/s Epifi Technologies Private Limited and/or change of
Broker by the M/s Epifi Technologies Private Limited and that any and
all losses that may be sustained by the User owing to such sharing of
information and/or change of Broker(s) shall be borne by the User
alone, without recourse to the Bank. User will be responsible for
correctness of the information provided for availing the Facility and
any rejection/delay due to incorrect details provided shall not be the
responsibility of the Bank.
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User agrees to make payment in relation to the Facility from its own
account. Any payment made by a third-party account will be rejected
by the Bank and Bank shall not be responsible for any losses sustained
by User in this regard.
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Bank shall not be under any duty to assess the prudence or otherwise
of any instruction or transaction given or entered by the User.
Nothing provided on the Portal shall constitute or be construed as
advice of any nature and User is advised to consult professionals in
this regard prior to taking any decision.
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User hereby authorizes the Bank to verify any information provided by
User pursuant to the Facility, though Bank shall not be
obligated/bound to do so under any circumstances.
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Bank may, at its sole discretion, ask for such declaration and to give
such information and/or supporting documents, as will reasonably
satisfy the Bank that the transaction will not involve and is not
designed for the purpose of any contravention or evasion of the
provisions of the FEMA or any rule, regulation, notification,
direction or order issued thereunder.
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User understands and agrees that User shall not amend, cancel or
revoke any request made to the Bank under the Facility on submitting
the transaction request and successfully transferring the funds to the
advised account of the Bank. In the event the User desires to revoke
/cancel after successfully submitting the transaction for processing,
Bank may accept such cancellation at its sole discretion and on a best
effort basis, provided that any exchange loss incurred by the Bank in
this connection shall be reimbursed by the User in full. Bank shall
also be entitled to debit such amounts due to the Bank from the funds
paid to the Bank by the User for executing such transaction.
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Use of the Facility shall be at the sole risk and liability of the
User. Apart from facilitating the outward remittance of funds at the
request of the User, Bank has no involvement whatsoever in the
underlying transaction/ purpose for which such remittance is
requested. Bank has no control over and shall not be responsible in
any manner for the safety, security, reliability, quality, legality
and/or delivery of the stocks/shares/securities purchased/availed by
the User under the Facility. Bank makes no warranty or representation
of any kind to User in this regard. Bank disclaims any and all
liability in this regard and any such transaction shall be undertaken
/resorted to by the User at its own risk. User acknowledges that Bank
has no control over, and is not responsible for, the quality, safety,
legality, or delivery of any goods or services that User may pay for
using the Portal and/or the Facility. Such use shall be at the sole
risk of the User.
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User understands and agrees that Bank shall not be liable for any
exchange rate fluctuations and/or fluctuations in the price of
stocks/securities sought to be purchased by the User while carrying
out transactions under the Facility and that any losses owing to the
same shall be borne by the User alone and Bank shall not be
responsible for the same in any manner whatsoever.
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User understands that the facility for investing in US Stocks is
provided by the M/s Epifi Technologies Private Limited and not by the
Bank. User further understands that the sale and/or purchase of the
stocks/shares/securities under the Facility shall be handled by the
M/s Epifi Technologies Private Limited alone and that Bank has no role
whatsoever in such transactions. Bank has no role in the said
facility other than providing option for outward remittance of funds
based on User’s specific request. Bank shall not be liable for any
losses/damages sustained by the User owing to the
action/inaction/omission of the M/s Epifi Technologies Private Limited
while dealing with the stocks/shares/securities under the Facility.
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For investments in US stocks, the User may be required to
independently contract for and use services provided by the M/s Epifi
Technologies Private Limited and the Bank makes no warranty of any
sort on behalf of the M/s Epifi Technologies Private Limited in this
regard. Bank shall not be liable for any loss or damage of any sort
incurred as a result of any transactions or dealings between the User
and the M/s Epifi Technologies Private Limited. User may be charged
for such transactions /dealings by the M/s Epifi Technologies Private
Limited. The M/s Epifi Technologies Private Limited may have their own
agreements, terms and conditions etc., which will govern the services
provided by them, which may be specific to each M/s Epifi Technologies
Private Limited and may vary from facility to facility. Bank
recommends that the User obtain the full text of such terms and
warranties from such M/s Epifi Technologies Private Limited before
availing of any such service. All of the User’s rights and remedies
and all maintenance, update, warranty, liability or any other
obligations related to any such services shall be governed by the
applicable terms, policies and procedures of the M/s Epifi
Technologies Private Limited and the Bank shall not be liable or
responsible for the same in any manner. The User shall have no claim,
rights or remedies whatsoever against the Bank in respect of any such
services availed or sought to be availed by the User from the M/s
Epifi Technologies Private Limited. The User further agrees not to
hold the Bank liable for any loss or damage of any sort incurred as a
result of any such dealings with any M/s Epifi Technologies Private
Limited. Any complaint / grievance of the User in connection with the
sale and/or purchase of the stocks/shares/securities under the
Facility shall be addressed by User to the M/s Epifi Technologies
Private Limited alone and Bank shall not have any role in the
resolution of such complaints/grievances.
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Bank retains the right at all times to terminate and/or refuse the
User’s access to or use of the Facility, as the case may be, including
cancellation of pending transactions, if any, as per its discretion
and any decision taken by the Bank in this regard shall be final and
binding on the User. Bank may, in its sole and absolute discretion,
sub-contract or employ third parties/agents to carry out any functions
or services or obligations related to the Facility. User expressly
consents for sharing of the data/information (including any documents)
furnished by him/her to Bank , to such third party agents or
sub-contractors with which the Bank has tie-ups.
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User understands and acknowledges that Bank shall process any request
under the Facility only upon receipt of clear funds and that the
transaction shall be carried out in accordance with the Bank’s terms
and conditions governing Outward Remittance of funds.
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The Bank hereby disclaims all liability, direct or indirect, for
non-compliance with the laws of any jurisdiction other than India. It
shall be the sole responsibility of the User to verify whether the
Portal and the Facility can be legally and legitimately accessed,
utilized and availed in the relevant jurisdiction and the User
understands that by accessing, using and availing of the Portal and
the Facility, he or she may be violating the local laws in India
and/or such other jurisdiction. Further, the Bank hereby expressly
disclaims any responsibility, direct or indirect, for non-compliance
by User of the laws of any jurisdiction whatsoever.
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In the event of occurrence of any shortfalls in the amounts collected
from the User towards Taxes/ other charges and also in cases where the
Bank incurs any losses/ damages in connection with the same, any such
shortfalls/losses/damages shall be made good by the User, immediately
upon demand by the Bank. The Bank shall be authorised to debit User’s
accounts with any branches of the Bank for recovering such shortfalls,
without any prior notice/intimation thereof to the User.
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Bank will rely solely on the details/information as per the documents
provided by the User to process the transaction after conducting the
required checks at its end, in this regard. The Bank shall have the
absolute right to reject/ decline any transaction, (i) if there are
any errors/ discrepancies/ omissions in Form A2 /supporting documents;
(ii) if the Bank suspects any fraud / money laundering activities in
the Transaction (ii) if the Transaction, in the opinion of the Bank,
is in violation of Applicable law including FEMA. User acknowledges
that the Bank shall have the right to demand any additional documents
as may be required for permitting the transaction. The Bank shall be
entitled to reject any transaction, in its sole discretion and without
assigning any reasons whatsoever. The Bank shall not be responsible
either to the M/s Epifi Technologies Private Limited and/or the User
in this regard.
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User acknowledges that the role of the Bank is limited to providing
the outward remittance facility to the User and the Bank will be
processing the transactions based solely on the information furnished
by User, through the M/s Epifi Technologies Private Limited. User
agrees that the Outward Remittance facility is granted by the Bank at
its sole and absolute discretion and the Bank may, at any time,
without any prior notice to User be entitled to withdraw, discontinue,
cancel, modify, suspend/or terminate the remittance facility provided
to User and the Bank shall not be liable to such User for any loss or
damage suffered by him/her resulting from such suspension or
termination.
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User understands and agrees that the Bank, at its sole discretion,
shall not proceed with transactions under the Facility, for reasons,
inter-alia, the following: (a) any issues or mismatch of information
or documents provided by the User; (b) in case of any hit with the
sanction list/triggers/risk identified, where the User is requested
for additional supporting documents; (c) any mismatch or deficiency in
Tax Collection at Source (TCS) Amount;
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The User further understands and agrees that any additional TCS, if
applicable, will be collected from the User.
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These Terms shall be read in conjunction with, and not in derogation
of, the terms and conditions for Outward Remittance of Funds as
prescribed by the Bank and published in Bank’s website and nothing
contained herein shall prejudice or affect the provisions of such
terms and conditions agreed by the User. In the event of any conflict
or inconsistency, for the subject matter hereof, the contents of these
Terms shall prevail and take precedence, to the extent of such
conflict or inconsistency. Terms not specifically defined herein
shall have the meanings ascribed to them under the Bank’s general
terms and conditions for Outward Remittance of Funds.