The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Sobhasaria Group of Institutions for making payments through an online payment gateway service (“Service ”) offered by Sobhasaria Group of Institutions in association with concern Bank and Tech Process (“Payment Service Providers ”) through Sobhasaria Group of Institutions ’s website, i.e. Each user is therefore deemed to have read and accepted these terms and conditions.
A. Privacy Policy
Sobhasaria Group of Institutions respects and protects the privacy of the individuals that access the information and use the services provided through them. Individually identifiable information about the user is not knowingly disclosed to any third party without first receiving the user's permission, as covered in this privacy policy.
This Privacy Policy describes Sobhasaria Group of Institutions’s treatment of personally identifiable information that Sobhasaria Group of Institutions collects when the user is on the Sobhasaria Group of Institutions’s website. Sobhasaria Group of Institutions does not collect any unique information about the user (such as the user's name, email address, age, gender, etc.) except when you specifically and knowingly provide such information on the website. Like any business interested in offering the highest quality of service to clients, Sobhasaria Group of Institutions may, from time to time, send email to the user and other communication to tell the user about the various services, features, functionality and content offered by the Sobhasaria Group of Institutions website or seek voluntary information from the user.
Please be aware, however, that Sobhasaria Group of Institutions 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 available at time of opening the tender
- b) If any of User’s actions on our website violate the Terms of Service or any of our guidelines for specific services,
- c) To protect or defend Sobhasaria Group of Institutions’s legal rights or property, the Sobhasaria Group of Institutions’s site, or the Users of the site;
- d) To investigate, prevent, or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the security and integrity of Sobhasaria Group of Institutions’s website or offerings.
B. General Terms and Conditions for E-Payment
1. Once a user has accepted these terms and conditions, he or she may register on the Sobhasaria Group of Institutions’s site and avail of the services.
2. Sobhasaria Group of Institutions's rights, obligations, and undertakings shall be subject to the laws in force in India, as well as any directives or procedures of the Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Sobhasaria Group of Institutions 's right to comply with any law enforcement agency's requests or requirements relating to any user’s use of the website or information provided to or gathered by Sobhasaria Group of Institutions with respect to such use. Each user accepts and agrees that the provision of details of his or her use of the website to regulators or any other third party in order to resolve disputes or complaints that relate to the website shall be at the absolute discretion of the Sobhasaria Group of Institutions.
3. If any part of these Terms and Conditions 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 these Terms and Conditions shall continue in effect.
4. These terms and conditions constitute the entire agreement between the user and the Sobhasaria Group of Institutions. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Sobhasaria Group of Institutions. 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.
5. The entries in the books of Sobhasaria Group of Institutions and/or the Payment Service Providers kept in the ordinary course of business of Sobhasaria Group of Institutions 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.
6. Refund for Charge Back Transaction: In the event there is any claim for or of chargeback by the user for any reason whatsoever, such user shall immediately approach Sobhasaria Group of Institutions with his or her claim details and claim refund from Sobhasaria Group of Institutions alone. Such refund (if any) shall be effected only by Sobhasaria Group of Institutions via payment gateway, by means of a demand draft, or by such other means as Sobhasaria Group of Institutions deems appropriate. No claim for refund chargeback shall be made by any user to the payment service provider(s), and in the event such a claim is made, it shall not be entertained.
7. In these Terms and Conditions, the term “charge back” shall mean an approved and settled credit card or net banking purchase transaction(s) that are at any time refused, debited or charged back to the merchant account (and shall also include similar debits to the payment service provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
8. Refund for fraudulent or duplicate transaction(s): The user shall directly contact Sobhasaria Group of Institutions for any fraudulent transaction(s) on account of misuse of card or bank details by a fraudulent individual or party, and such issues shall be suitably addressed by Sobhasaria Group of Institutions alone in line with their policies and rules.
9. 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', 'failure', or ‘session timeout’, the user shall, before initiating the second payment, check whether his or 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 or she does not make the payment twice and immediately thereafter contact Sobhasaria Group of Institutions via e-mail or any other mode of contact as provided by Sobhasaria Group of Institutions 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 shall the Payment Gateway Service Provider be held responsible for such fraudulent or duplicate transactions and hence no claims should be made against the Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regard shall be entertained by the Payment Service Provider(s).
C. Limitation of Liability
1. The Sobhasaria Group of Institutions has made this service available to the user as a matter of convenience. Sobhasaria Group of Institutions expressly disclaims any claim or liability arising out of the provision of this service. The user agrees and acknowledges that he or she shall be solely responsible for his or her conduct and that Sobhasaria Group of Institutions reserves the right to terminate the rights to use the service immediately without giving any prior notice thereof.
2. Sobhasaria Group of Institutions and/or the Payment Service Providers shall not be liable for any inaccuracy, error or omission in or omission of (a) any data, information or message; (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 Sobhasaria Group of Institutions 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, resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
3. Sobhasaria Group of Institutions 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.
4. The User shall indemnify and hold harmless the Payment Service Provider(s) and Sobhasaria Group of Institutions and their respective officers, directors, agents, and employees from any claim, demand, or action arising out of or in connection with the utilization of the Services. The User agrees that Sobhasaria Group of Institutions 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 circumstances beyond Sobhasaria Group of Institutions’s reasonable control.
D. Miscellaneous Conditions:
1. Any waiver of any rights available to the Sobhasaria Group of Institutions under these Terms and Conditions shall not mean that those rights are automatically waived.
2. The user agrees, understands and confirms that his or her personal data, including, without limitation, details relating to debit cards or credit cards transmitted over the Internet, may be susceptible to misuse, hacking, theft, and/ or fraud and that the Sobhasaria Group of Institutions or the Payment Service Provider(s) have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the user, Sobhasaria Group of Institutions does not represent or guarantee that the use of the services provided by or through it will not result in theft and/or unauthorized use of data over the Internet.
4. Sobhasaria Group of Institutions , 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.
5. The user may be required to create his or her own user ID and password in order to register for and/or use the services provided by Sobhasaria Group of Institutions on the website. By accepting these Terms and Conditions, the user acknowledges that his or 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:
- i. Choose a new password whenever required for security reasons.
- ii. Keep his or her user ID and password strictly confidential.
- iii. be responsible for any transactions made by the user under such a user ID and password. The user is hereby informed that Sobhasaria Group of Institutions 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 or her Sobhasaria Group of Institutions 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.
E. Debit/Credit Card, Bank Account Details
1. The user agrees that the debit or credit card details provided by him or her for use of the aforesaid service(s) must be correct and accurate and that the user shall not use a debit or credit card that is not lawfully owned by him or 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 and credit card details.
2. The user may make his or her payment (tender fee or earnest money deposit) to Sobhasaria Group of Institutions by using a debit or credit card or through an online banking account. The user warrants, agrees and confirms that when he or she initiates a payment transaction and/or issues an online payment instruction and provides his or her card / bank details:
- i. The User is fully and lawfully entitled to use such credit / debit card or bank account for such transactions;
- ii. The User is responsible for ensuring that the card or bank account details provided by him or her are accurate;
- iii. The User is authorizing debit of the nominated card or bank account for the payment of the tender fee and Earnest Money Deposit
- iv. The user is responsible for ensuring sufficient credit is available on the nominated card or 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.
F. Personal Information
1. The user agrees that, to the extent required or permitted by law, Sobhasaria Group of Institutions and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security-related or law enforcement investigations, in the course of cooperating with authorities, or in compliance with legal requirements.
2. The user agrees that any communication sent by the user via e-mail shall imply the release of information therein or therewith to the TSobhasaria Group of Institutions. The user agrees to be contacted via email on such mails initiated by him or her.
3. In addition to the information already in the possession of Sobhasaria Group of Institutions and/ or the Payment Service Provider(s), Sobhasaria Group of Institutions may have collected similar information from the user in the past. By entering the website, the user consents to the terms of Sobhasaria Group of Institutions’s information privacy policy and to our continued use of previously collected information. By submitting the user’s personal information to us, the user will be treated as having given his or her permission for the processing of the user’s personal data as set out herein.
4. The user acknowledges and agrees that his or her information will be managed in accordance with the laws in force at the time.
G. Payment Gateway Disclaimer
The service is provided in order to facilitate payment by the Sobhasaria Group of Institutions online. Sobhasaria Group of Institutions 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 or agreeing to these Terms and Conditions, the user expressly agrees that his or her use of the aforesaid online payment service is entirely at the risk and responsibility of us.