Terms & Conditions

Terms and Conditions For Internet Payment Gateway Users

The Terms and Conditions contained herein shall apply to any person (“User”) who uses the Online Services provided for any payment made to Jnanapravaha (hereinafter referred to as ‘THE INSTITUTE’). Kindly read these terms and conditions carefully. By authorizing a payment to THE INSTITUTE through the online payment service ("Service"), it would be construed as the User has read all the terms and conditions contained herein and has deemed to have accepted these terms and conditions.

THE INSTITUTE reserves all the rights to amend these terms and conditions at any point of time without giving any advance notice. The onus is on the User to read the “Terms and Conditions” before using the Service.

 

1   Terms and Conditions

1.1  Payment(s) through this Service may only be made with a Credit Card, Debit card or Net Banking.

1.2  Prior to using this Service, it is highly recommended that the user shall make necessary enquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider viz. the concerned Bank.

1.3  The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to THE INSTITUTE. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out of usage of the service.

1.4  The User agrees, understands and confirms that his/ her personal data including without limitation, details relating to debit card/credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that THE INSTITUTE or the Payment Service Provider(s) have no control over such matters.

1.5  The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor THE INSTITUTE gives any assurance, that the information so provided online by a user is secured or may be read or intercepted by a third party. THE INSTITUTE does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.

1.6  THE INSTITUTE and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall THE INSTITUTE and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.

1.7  The User agrees that THE INSTITUTE or any of its employees will not be held liable by the user for any loss or damages arising from User’s use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond THE INSTITUTE’s reasonable control.

1.8  Once a User has accepted these Terms and Conditions, he/ she may avail the Services. A User may enter his/ her details and pay their dues in any other manner as may be specified by THE INSTITUTE from time to time.

1.9  THE INSTITUTE's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of THE INSTITUTE's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by THE INSTITUTE with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of THE INSTITUTE.

1.10  If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

1.11  These Terms and Conditions constitute the entire agreement between the User and THE INSTITUTE. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and THE INSTITUTE. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1.12  The entries in the books of THE INSTITUTE and/or the Payment Service Providers kept in the ordinary course of business of THE INSTITUTE and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.

1.13  The User agrees that under no circumstances THE INSTITUTE shall be held responsible for fraudulent/duplicate transactions and hence no claims should be raised to THE INSTITUTE, no communication received by THE INSTITUTE in this regards shall be entertained by THE INSTITUTE.

1.14  In case the Website or Payment Service Provider’s web page, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

 

2.  Miscellaneous Conditions

2.1  Any waiver of any rights available to THE INSTITUTE under these Terms and Conditions shall not mean that those rights are automatically waived.

2.2  The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that THE INSTITUTE has no control over such matters.

2.3  Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, THE INSTITUTE does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

2.4  THE INSTITUTE and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

2.5  The User is hereby informed that THE INSTITUTE will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her THE INSTITUTE website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

2.6  By entering the website the User consents to the terms of THE INSTITUTE’s information privacy policy and to THE INSTITUTE’s continued use of previously collected information. By submitting the User’s personal information to THE INSTITUTE, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.

2.7  The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.

 

3.  Privacy Policy

3.1  This Privacy Policy describes THE INSTITUTE’s treatment of personally identifiable information that THE INSTITUTE collects when Users are on the DTSCL’s website. THE INSTITUTE does not collect any unique information about the User (such as User’s name, email address, age, gender etc.) except when the User specifically and knowingly provide such information on the Website. Please be aware, however, that THE INSTITUTE will release specific personal information about the User if required to do so in the following circumstances:

a)  in order to comply with any valid legal process such as a search warrant, statute, or court order, or

b)  if any of User’s actions on THE INSTITUTE’s website violate the Terms of Service or any of THE INSTITUTE’s guidelines for specific services, or

c)  to protect or defend THE INSTITUTE’s legal rights or property, the THE INSTITUTE’s site, or THE INSTITUTE’s Users; or

d)  to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of THE INSTITUTE website/offerings

3.2  The information given by the User on this website shall be kept confidential and shall not be shared with anyone. The data will neither be made accessible to third parties nor transferred in any form or way unless required by law.

3.3  THE INSTITUTE may share your personal information with our Bankers for clearing necessary payments. This information shall be strictly up to the legal permissible limit and not exceeding.

3.4  The information and materials provided in this site including, graphics, links or other items are provided as on “As Is” and “As Available” basis by the Organization which organized and endeavours to provide information accurately and expressly disclaims liability for error or omission in this information and materials. No warranty of any kind, implied, express or statutory shall be given by the organization to the warranty of fitness for a particular purpose and freedom from computer virus is given in conjunction with the information and materials.

 

4  Limitation of Liability

4.1  In no event, organization will be liable for any damage, direct or indirect losses, cost (including legal costs), expenses or consequential damage of any nature arising in connection with site or use or which may be suffered or incurred by the User from the use of this Service, thereof inability to use by any person, delay of operation or transaction, computer virus etc.

4.2. THE INSTITUTE has made this Service available to the User as a matter of convenience. THE INSTITUTE expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that THE INSTITUTE reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

4.3  THE INSTITUTE shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall THE INSTITUTE, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

4.4  THE INSTITUTE assumes no liability whatsoever for any monetary or other damage suffered by the User on account of:

(i)  the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or

(ii)  any interruption or errors in the operation of the Payment Gateway.

4.5  The User shall indemnify and hold harmless THE INSTITUTE and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.

4.6  The User agrees that THE INSTITUTE or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond THE INSTITUTE’s reasonable control.

 

5.  Debit/Credit Card, Bank Account Details

5.1  The User agrees that the debit/credit card and /or bank details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a Debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.

The User may pay by using a debit/credit card or by online banking account. The user warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details.

5.2  The User is fully and lawfully authorized to use such credit / debit card, bank account for such transactions;

5.3  The User is liable to ensure that the card/ bank account details provided by him/ her are accurate;

5.4  The User authorizes debit of the nominated card/ bank account for the opted payment such User along with the applicable charges.

5.5  The User is liable to make sure that adequate credit is available on the nominated card/ bank account at the time of making the payment to permit the Payment of the dues payable or fees dues selected by the User inclusive of the applicable Fee.

5.6  The User is authorizing debit of the nominated card/ bank account for the payment of dues selected by such User along with the applicable Fees.

5.7  It is sole responsibility of the User to pick online payment option. THE INSTITUTE does not recommend/ prefer/promote any particular method.

5.8  If payment is made by a card that do not belong to the User personally, the consent of the card owner must always be obtained to make such payments using the card. In using the system, you confirm that you have such consent.

5.9  Information pertaining to payments using debit or credit card is not accessed or stored by the Organization.

 

6.  Personal Information

6.1  The User agrees that, to the extent required or permitted by law, THE INSTITUTE may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

6.2  The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to THE INSTITUTE. The User agrees to be contacted via e-mail on such mails initiated by him/ her.

6.3  In addition to the information already in the possession of THE INSTITUTE, THE INSTITUTE may have collected similar information from the User in the past.

 

7  Payment Gateway Disclaimer

The Service is provided in order to facilitate access to view and pay dues online. THE INSTITUTE do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.

 

8  Warranty:

No warranty, representation or guarantee, express or implied, is given by THE INSTITUTE pertaining to the operation of the Service.

 

9  Jurisdiction & Governing law:

These “Terms and Conditions” are governed by the laws of India and the competent courts at Mumbai shall have exclusive jurisdiction.

 

10  Conflict Resolution:

Any conflict arising pertaining to the terms and conditions will be submitted to a sole arbitrator appointed by THE INSTITUTE under the provisions of the Arbitration and Conciliation Act, 1996 and rules framed there under. The venue of Arbitration shall be at Mumbai.

 

11  Refund/Cancellation Policy:

Payment once done will not be refunded under any circumstances.

 

12  Security:

All payment information entered through this payment gateway are encrypted when the user, or third party making payment, enters them. The site is secure and uses 128-bit encryption to offer secure communications by encrypting all data to and from the site THE INSTITUTE shall not be liable for any failure by the user or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the Online Payment process or in respect of any omission to provide accurate information in Online Payment Process.

 

13  Variations to the Terms and Conditions:

THE INSTITUTE reserves the right to change these “Terms and Conditions” at any point of time and the current version will be that published on this website.

 

14  QUI VIVE

THE INSTITUTE reserves the right to deny the acceptance of an online payment if your account is in default for any reason. THE INSTITUTE may also make additions/deletions/alteration to the Services offered, at its sole discretion. THE INSTITUTE reserves the right to withdraw the Service at any time at its discretion. THE INSTITUTE retains the right to change the “Terms and Conditions” for Payments, without any advance notice.