CANCELLATIONS AND REFUND POLICY
Refunds: You shall be entitled to a refund only if TheKhel Khelo is unable to deliver your order. For refund requests please email to [email protected] for test series and & other products within 1 week of the date of purchase. All refunds will be processed on a prorated basis, depending on the service already delivered by TheKhel Khelo. Refunds will be done directly to the original payment mode within seven working days of finalization of the claim.
AMENDMENTS TO THE TERMS AND CONDITIONS
APPLICABLE LAW AND JURISDICTION
A Chargeback shall mean a Transaction that is uncollectible and returned to Service Provider/ TheKhelKhelo by User/ Payee or acquiring bank for a refund to the concerned Payer / User due to any of the following reasons:
(a)Any payment which the User/ Payer refuses to honour or demands a refund of because the Products purchased or the delivery thereof, was not as promised or was defective, deficient, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
(b)Any payments by a User/ Payer using the Services, which is returned by the acquiring bank for any reason whatsoever.
(c)Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Service Provider/ TheKhelKhelo/ Payee from time to time.
(d)Any Transaction that is unsuccessful.
As a result of the rapid nature of movements of funds, once a payment has been initiated through the Services, it may not be possible to retract the same using the Services. If User wishes to attempt to chargeback/ retract a payment, he must notify his bank and TheKhelKhelo immediately and provide all required information. TheKhelKhelo cannot however guarantee that the payment will be retracted. It may be possible to charged back/ retract a payment in case of a payment by debit/ credit card, if the instruction is given to User’s bank and TheKhelKhelo within the prescribed time. However it would not be possible to do so in case of any other mode of payment.
In the event of a Chargeback situation arising in case of any Products purchased by a User or Payer, for which payment has not yet been made to the Payee or User by Service Provider, the User or Payer shall be advised by TheKhelKhelo to resolve the issue with the Payee or User or Service Provider within 45 days and TheKhelKhelo shall then settle the payment in accordance with the solution agreed upon by the Parties.
In such event, if the Payee and the Payer are unable to arrive at a satisfactory resolution of the problem within a period of 45 days, TheKhelKhelo/ Service Provider shall be entitled to make a direct credit to the disputing Payer’s account for the disputed amount. Such a debit to the Payee’s account and the direct credit to the disputing Payer’s account shall not be disputed by the Payee in any manner whatsoever. In the event of the Payee and the Payer arriving at a settlement within the said 45 day period, TheKhelKhelo/ Service Provider shall deal with the said monies in accordance with the terms of the settlement arrived at.
In the event of a Chargeback situation arising in case of any Products purchased by a User/ Payer, for which payment has been made to the Payee/User / Service Provider, the User/ Payer shall be advised to resolve the issue with the Payee/User / Service Provider within 45 days and shall then settle the payment in accordance with the solution agreed upon by the Parties.
TheKhelKhelo shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amounts from the concerned acquiring bank/ Service Provider/ Payee/ User. In the event of the receipt by TheKhelKhelo of an amount of a Chargeback from the acquiring bank / Service Provider, TheKhelKhelo shall pass on to User/ Payer such amount received by them within 7 days.
In the event that the Parties have agreed that User/ Payer is entitled to Chargeback any Transaction, TheKhelKhelo may at its discretion, give effect to such Chargeback entitlement in any one or more of the following methods:
(a)deduction of the relevant amount or any part thereof from any amounts to the Payee;
(b)billing the concerned Party for the relevant amount or any part thereof.
If either TheKhelKhelo or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with TheKhelKhelo or any act of dishonesty or fraud against TheKhelKhelo/ any Service Provider, TheKhelKhelo shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) erminate User’s access to the Website or the Services; pending enquiries by TheKhelKhelo. User may cancel his User Account at any time by sending Playmates an email. Please note that once your Account is cancelled, TheKhelKhelo does not have any obligation to return any data or information that may reside on its servers or other equipment.
User shall keep TheKhelKhelo indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against TheKhelKhelo by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non delivery or delay, deficiency or mistake in respect of the Products sold; (ii) a breach, non-performance, non compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms.
The User shall comply with all such terms and conditions as TheKhelKhelo or any Service Provider may prescribe from time to time with regard to the Services. All Transactions effected by or through this Website, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by TheKhelKhelo or Seller/ Service Provider.
User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the Website or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify TheKhelKhelo and cooperate fully with TheKhelKhelo in protecting such information to the extent possible under applicable law.
TheKhelKhelo may access, preserve and disclose any of your information if required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against TheKhelKhelo or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of TheKhelKhelo, its Users or members of the public.
Intellectual Property Rights
The Website content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to TheKhelKhelo, subject to copyright and other intellectual property rights under the law and international conventions. Such Website content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of TheKhelKhelo.
Disclaimer of Warranties:
THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT TheKhelKhelo IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. TheKhelKhelo IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAYMAE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE WEBSITE OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS WEBSITE AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL TheKhelKhelo OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF TheKhelKhelo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Limitation of Liability:
USER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES, REMAINS WITH YOU. NEITHER TheKhelKhelo NOR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE WEBSITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR IN CONNECTION WITH THESE TERMS, AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TheKhelKhelo HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR TheKhelKhelo OBLIGATIONS TO MAKE PAYMENTS THROUGH THE NODAL ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL TheKhelKhelo'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF THE WEBSITE AND SERVICES, EXCEED THE AMOUNT OF RUPEES 1000.
Unless otherwise set out, all payments may only be made in Indian Rupees.
TheKhelKhelo may, if required by law, change any fee or charge or institute new fees or charges. The User agrees to pay all fees and charges so levied.
TheKhelKhelo reserves the right to vary any of the Terms contained herein by posting the revised terms on TheKhelKhelo’s Website without notice to the User.
The User hereby accepts that he may, from time to time, receive from TheKhelKhelo or its associates, communications such as service announcements, advertisements or administrative communications.
All information provided by the User to TheKhelKhelo shall be accurate, current and complete. User shall be solely responsible for the accuracy and correctness of all information provided by him. TheKhelKhelo shall not be liable for any loss or costs incurred by any party due to any incorrect or mistaken information provided by User.
TheKhelKhelo shall not be liable for any direct, indirect, punitive, incidental, exemplary, special or consequential damages or any loss of profit, business, revenue, goodwill or anticipated savings or any damages whatsoever arising out of or in any way connected with the use of the Website by User or otherwise.
TheKhelKhelo or Service Provider shall in no event be liable to a User or any third party for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Website and Services, including without limitation any:
a.loss of data;
b.interruption or stoppage to the User’s access to and/or use of the Website and Services;
c.any consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated savings, arising out of the performance of the Services or otherwise.
TheKhelKhelo makes no representation or warranty, whether express or implied, written or oral, about the quality, suitability, reliability, availability, merchantability, fitness for a purpose, delivery, lack of viruses or other harmful components or accuracy of information relating to the Products sought to be purchased by the User. Each User acknowledges that TheKhelKhelo's or a Service Provider’s services may not be uninterrupted or error free. A User also acknowledges that the services provided by any Service Provider to TheKhelKhelo, which is passed on to the User under these Terms, can be brought to an abrupt end in any event whatsoever by any of the Service Providers for any reason whatsoever.
TheKhelKhelo’s sole obligation and User’s sole and exclusive remedy in the event of interruption to the Payment Services or loss of use and/or access to the Payment Services, shall be to use all reasonable endeavors to restore the Payment Services as soon as reasonably possible.
In no event shall TheKhelKhelo or a Service Provider be liable to a User or any other third party for any applicable taxes and government levies.
In no event will TheKhelKhelo’s total liability to User for all liabilities, losses, and causes of action arising out of or relating to these terms and conditions; or the User’s use of the Website; however caused, exceed the amount paid by User, if any, for utilising the Website or One Thousand Rupees (Rs.1000), whichever is lesser.
Any link on the TheKhelKhelo Website to a third party site is not an endorsement of that Website. The use or browsing by a User of any other Website shall be subject to the terms and conditions in each such Website.
TheKhelKhelo does not endorse any advertiser or merchant linked to its Website. The User must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any Product.
The User’s participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these Terms.
TheKhelKhelo shall not be liable for any unauthorised access to the User’s data or any unauthorized transmissions sent through the TheKhelKhelo Services.
TheKhelKhelo shall have the right, at its sole discretion, to:
restrict or terminate a User’s access to its Services;
modify or discontinue its Services or any part thereof;
require a User to provide details in respect of any transactions and any other details as required by TheKhelKhelo from time to time; without incurring any liability therefor.
TheKhelKhelo shall have the right, in its sole discretion, for any or no reason, and without penalty, to suspend or terminate a User’s use of the Website and its Services or any part thereof, with or without notice.
The User shall not (whether on-line or otherwise):describe itself as agent or representative of TheKhelKhelo or make any representations to any customer or any third party or give any warranties which may require TheKhelKhelo or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.
TheKhelKhelo shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of TheKhelKhelo.
If any part of these Terms is 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 the Terms shall continue in effect.
TheKhelKhelo may assign or transfer its rights and obligations to any other party.
Incase of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court in Bengaluru shall have exclusive jurisdiction.
No failure or delay by TheKhelKhelo in exercising any right, power or privilege shall operate as a waiver thereof.