Terms and Conditions
These terms and conditions have been prescribed for the Kanan’s Agents to increase their wallet balance. By using the Facility provided herein, you are deemed to have accepted these terms and conditions. If you do not wish to accept these terms, you shall not use this Facility.
[Kanan] has agreed to provide you with an online payment facility (“Facility”) for the purpose of increasing wallet balance (each such usage, a “Transaction”) as per the terms and conditions stated herein. We reserve the right to add, revise, remove, update these terms from time to time, or suspend in whole or in part any of the Facility, and any changes will be effective immediately on being set out here. It shall be your obligation to ensure that you are up to date with the current terms.
2. Getaway Service Provider
[HDFC Bank] (“Payment Gateway Provider”) shall be the entity providing the Facility mentioned here. These terms and conditions shall also be applicable to the arrangement between you and the Payment Gateway Provider to the extent of any Transaction. The Payment Gateway Provider shall validate the Credit Card / Debit Card and Net banking details provided by you during the course of a Transaction. We do not store any details pertaining to your Credit Card / Debit Card or Net Banking facilities.
3. Our Obligations
- Any payments made by you via the Facility will normally reach us within a period of 2 working days.
- We shall not be responsible nor do we accept any liability in case any payment by you fails to reach our account for any reason whatsoever, including but limited to your failure to provide adequate or accurate details to the Payment Gateway Provider.
- We do not accept any liability if payment has been refused or declined either by the Payment Gateway Provider or by your bank, or your credit/debit card supplier, for any reason.
- We cannot accept liability for a payment not reaching the correct [Kanan] account due to your providing an incorrect account number or incorrect personal details, nor can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
- If the Payment Gateway Provider or card supplier declines payment, we shall be under no obligation to notify you of the same. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
- We shall also not accept any liability in case of reversal of any payments from/to you as a result of your usage of the Facility.
- You agree that under no event or circumstance will we be liable for any loss, or damage whatsoever that may arise from your usage of the Facility, or may result from your usage of this site or any other sites/pages that may be linked as a result of your usage of the Facility, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
- Any service related to the Facility may be temporarily or permanently unavailable, delayed or interrupted for any reason whatsoever, including but not limited to scheduled maintenance or for unscheduled emergency maintenance, either by us, the Payment Gateway Provider or by third-party providers, or because of other causes beyond any of our control, and we bear no responsibility for the same.
- The Payment Gateway Provider may charge additional service fees or transaction charges from you.
All information that may be provided by you when using the Facility shall be processed directly by the Payment Gateway Provider and is not supplied to us, and hence we have no confidentiality obligations whatsoever in this regard to you. It is recommended that you take and retain a copy of the Transaction for record keeping purposes, and to assist the Payment Gateway Provider with the resolution of any disputes that may arise from use of this service.
While the website used to provide the Facility is secure, we do not give any assurances that information provided online by a user may not be able to be read or intercepted by a third party.
We do not accept any liability in the event of interception, hacking or other unauthorized access to information provided by you from using the Facility.
5. Changes to the Terms and Conditions
We reserve the entire right to modify/amend/remove/replace these terms and conditions anytime and without assigning any reason thereto. Nothing contained herein creates or is intended to create a contract/agreement between [Kanan] and any user of our website or providing identifying information of any kind, except to the extent these terms and conditions will govern your usage of the Facility.
We disclaim all warranties – express or implied or statutory, including but not limited to any implied warranties of suitability or fitness for any particular purpose whatsoever. We do not make any representations, or offer any guarantees, express or implied, in respect of the operation of the Facility to you. No representations, warranties or guarantees whatsoever is made by us as to the accuracy, adequacy, reliability, completeness, suitability or applicability of any information, facility or service we may provide.
7. Indemnity and Limitation of Liability
You agree to indemnify and hold harmless us, our directors, personnel, advisors, associates, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising as a result of any transaction done on or through our site or as a result of your usage of our facility. We do not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred from the use of this service.
Certain links on our site may lead to resources located on servers maintained by third parties over whom we may have no control or connection with, business or otherwise. We neither endorse in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on any of these sites.
8. Governing law and Jurisdiction
The provisions of these Terms and Conditions shall be governed by, and construed in accordance with the laws of the Republic of India. All disputes, if any, arising out of or in connection with, or as a result of this Terms and Conditions or otherwise relating hereto, shall be subject to the exclusive jurisdiction of the competent courts/tribunals in Vododara only. In the event such a dispute arises, either party shall have the right to refer the same to arbitration under the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed jointly by both parties from a panel of arbitrators shortlisted by us. The seat and venue of arbitration shall be Vododara.
If any one or more of the terms and conditions mentioned here are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining terms and conditions will be unimpaired and will remain in force and effect.
10. No Waiver of Rights
A failure or delay in exercising any right, power or privilege in respect of these Terms and Conditions by us will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
Cancellation or refund policy are approved on case to case basis at our discretion. You agree to be fully bound by our decisions in this regard.