Terms and Conditions For Online-Payments

The Terms and Conditions contained herein shall apply to any person (“User”) using the services of The Pravin Agarwal Foundation (TPAF) for making donations through an online payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. (“Bank”) and Payment Gateway Service provider, through TPAFs website i.e. www.tpaf.in. Each User is therefore deemed to have read and accepted these Terms and Conditions.

1. A. Privacy Policy

1. B. General Terms and Conditions For Online-Payments

These (“Terms and Conditions”) shall be binding on each User who voluntarily desire to make monetary donations to TPAF, the work being undertaken by TPAF to support pediatric liver care in India more affordable, accessible and available for children in need by endeavouring to mobilize and assist in the collection of voluntary funds and out of free will monetary donations, (hereinafter referred to as “Donations”) made by the Users.

Any information gathered through this Terms and Conditions shall be subject to our Privacy Policy which is incorporated herein by reference and available at (https://www.tpaf.in/privacy-policy/) If you do not agree to be bound or cannot comply with any of the Terms and Conditions or the Privacy Policy, please do not continue with the Donation. Your act of making the Donation shall be deemed as your unconditional agreement and acceptance to the Terms and Conditions and the Privacy Policy.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under  as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. 1. Eligibility: The User is eligible to make a Donation, subject to this Terms and Conditions, and if (i) Have attained the age of majority i.e. eighteen (18) years, and (ii) Are a company/ proprietorship or any other entity duly registered/incorporated under the laws of India or  if you are residing in India or if you are a foreign citizen /national residing  in India or a foreign national residing outside India.
2. 2. The User(s) can make payment by availing the Service by logging on to the Website, and following the instructions therein to make the Donations upon which the User shall be redirected to website of the Bank to complete the Donation transaction. Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may enter his/her name, phone number, full address, PAN card etc. in any other manner as may be specified by TPAF from time to time.
3. 3. TPAF’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 TPAF’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 TPAF 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 TPAF.
4. 4. 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.
5. 5. These Terms and Conditions constitute the entire agreement between the User and TPAF. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and TPAF. 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.
6. 6. The entries in the books of TPAF and/or the Payment Service Providers kept in the ordinary course of business of TPAF 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.
7. 7. Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach TPAF with his/ her claim details and claim refund from TPAF alone. Such refund (if any) shall be effected only by TPAF via payment gateway or by means of a demand draft or such other means as TPAF deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
8. 8. In these Terms and Conditions, the term “Charge back” means approved and settled card (Debit or Credit) or netbanking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to Payment Gateway Service Provider’s accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
9. 9. Fraudulent/duplicate transaction(s):  In the event of any fraudulent/ duplicate transactions, TPAF does not assume any responsibility or liability (whether direct or indirect). The User shall directly contact its Bank (User’s Bank through which such payment was initiated) immediately for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party..
10. 10. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, 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:

(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact TPAF via e-mail or any other mode of contact as provided by TPAF to confirm payment.

(ii) in case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider  No communication received by the Payment Service Provider(s) in this regards  shall be entertained by the Payment Service Provider(s).

1. 11. The User understands and agrees that in addition to these Terms and Conditions, the User shall also be bound by the terms and conditions of the Website, the Bank Website and/or any additional payment gateway service provider while making Donations towards the Website and/or once he/she has been redirected away from the Website.
2. 12. If any third party brings a claim against TPAF related to the User(s) actions, content or information on the Website, the User(s) will indemnify and hold TPAF and its directors, agents, representatives, partners, employees and consultants harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

1. C. Limitation of Liability

1. 1. TPAF has made this Service available to the User as a matter of convenience. TPAF 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 TPAF reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

1. 2. TPAF 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 TPAF 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 Services. The User waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India or elsewhere to claim any damages or reliefs from TPAF and/or the Payment Service Provider, to the extent permissible under law.

1. 3. TPAF and the Payment Service Provider(s) assume 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.

The User (“Indemnifying Party”) shall indemnify and hold harmless the Payment Service Provider(s) and TPAF and their respective officers, directors, agents, and employees (“Indemnified Party”), from and against all and any claim(s) or demand(s), or action(s) or suits and proceedings, whatsoever that may be brought or made by or on behalf of any person, body, authority whomsoever and whatsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges and expenses and all other liabilities of whatsoever nature which the Indemnified Party may now nor hereafter be liable to pay, incur or sustain, arising out of or in connection with the utilization of the Services including but not limited to: (a) the Indemnifying Party’s or third party’s acts or omissions or fraud, gross negligence or willful act or misconduct; (b) breach of any representation or warranty or obligations or terms and conditions made under this Agreement by Indemnifying Party; (c) any violation of Applicable Laws or Applicable Permits, including a failure to pay Taxes; (d) bodily injury, sickness, disease or death of any person; (e) loss of or physical damage to property.

1. 4. The User agrees that TPAF 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 TPAF’s reasonable control.

1. D. Miscellaneous Conditions :

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

1. 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 TPAF or the Payment Service Provider(s) have no control over such matters.

1. 3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, TPAF 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.

1. 4. TPAF, the Payment Service Provider(s) 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.

1. 5. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by TPAF on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;

1. i. Choose a new password, whenever required for security reasons.
2. ii. Keep his/ her User ID & Password strictly confidential.
3. iii. Be responsible for any transactions made by User under such User ID and Password.

The User is hereby informed that TPAF 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 TPAF account on the 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.

1. 5. Proof of age, if requested, of the User(s), must be submitted to (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate). The User(s) additionally represents and warrants that the User(s) is duly authorized to make Donations to NGOs as understood under these Terms and Conditions under applicable laws.

1. 6. TPAF reserves all rights to make amendments to the existing Terms and Conditions including the manner or conduits of making Donations or withdraw the same without giving prior notice. It shall be the sole responsibility of the viewer(s)/User(s) to check the Terms and Conditions on the Website from time to time.

1. 7. TPAF reserves the right to change the payment mechanism or take such necessary steps as it may deem fit in its sole and absolute discretion. It is clarified that Donations are immediate and irrevocable which means cannot cancel your Donation. Once a Donation has been made, no refund can be made of the Donation.

1. 8. The decision of TPAF shall be final and binding on the User(s) and in no event shall the User dispute the decision made by and/or its employees in connection to the Donation.

1. 9. TPAF shall not be responsible to pay for any taxes, duties, charges, license fees, insurance, levies etc. applicable under the laws of India, in relation to the Donations and the same, if applicable, shall be solely borne by the User.

1. 10. Third Party Sites: While making Donation(s), the User may be provided with opportunities, links or other opportunities to use certain sites, services, products, applications or content offered by or through ‘s third-party providers, including but not limited to Bank and third party service providers (collectively “Third-Party Services”). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services and/or TPAF does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services and/or TPAF does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. The User agrees that the User is wholly responsible for making his/her own independent judgment regarding User’s user or interaction with Third-Party Services.

1. 11. TPAF reserves the right to forfeit any Donation made by the User in the event it is found by that any information provided by the User(s) is inaccurate, wrong, fraudulent or any misrepresentation is made by the User(s) and/or the User is in breach of any of the provisions of these Terms and Conditions.

1. 12. The User hereby acknowledges and agrees that the relationship between TPAF and its affiliated companies and the User is not a confidential, fiduciary or other special relationship.

1. 13. Termination: The User acknowledges and agrees that if the User violates the letter or spirit of the Terms and Conditions and Privacy Policy, or otherwise create risk or possible legal exposure for TPAF or any of its directors/employees/affiliates, TPAF can stop providing access to all or part of the Website to the User. All provisions of these Terms and Conditions shall remain in full force and effect in perpetuity notwithstanding any termination of use of the Website.

1. 14. Force Majeure: TPAF performance under these Terms and Conditions is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of TPAF, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like. TPAF shall not be held liable if Services with respect to the Website are interrupted or improper at any point of time due to Force Majeure events specified above.

1. E. Debit/Credit Card, Bank Account Details

1. 1. The Uer agrees that the debit/credit card 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

2. 2. The User may pay his/ her donation to TPAF by using a debit/credit card or through 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:

1. i. The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions.
2. ii. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate.
3. iii. The User is authorizing debit of the nominated card/ bank account for the payment of donation selected by such User along with the applicable Fees.
4. iv. The User is responsible to ensure sufficient 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 the bill(s) selected by the User inclusive of the applicable Fee.

1. F. Personal Information

1. 1. The User agrees that, to the extent required or permitted by law, TPAF and/ or the Payment Service Provider(s) 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

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

3. 3. In addition to the information already in the possession of TPAF and/ or the Payment Service Provider(s), TPAF may have collected similar information from the User in the By entering the Website the User consents to the terms of TPAF’s information privacy policy and to TPAF’s continued use of previously collected information. By submitting the User’s personal information to TPAF, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.

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

1. G. Payment Gateway Disclaimer

The Service is provided in order to facilitate access to view and pay donation online. TPAF or the Payment Service Provider(s) 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.

1. H. Governing Law and Arbitration

1. 15. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Donation and/or breach of these Terms and Conditions shall be referred to a sole arbitrator appointed by and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the User(s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the User(s).

1. 16. Subject to the provision of Clause 14 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.