TERMS AND CONDITIONS OF BHAGYA CARDS PRODUCTS AND SERVICES SALE
Thank you for choosing the Services provided by BHAGYA CARDS and/or its subsidiaries and affiliates (referred to as "Bhagya.Cards," "we," "our," or "us") available on this website and/or mobile apps, including content, updates, and new releases (collectively, the "Services"). Please carefully review these Terms of Service ("Agreement"). By accepting electronically (e.g., clicking "I Agree" or "Login"), installing, accessing, or using the Services, you agree to be bound by these terms. If you do not agree to this Agreement, you may not use the Services.

Agreement This Agreement outlines the terms that govern your use of Bhagya.Cards Services, including:

Bhagya.Cards Privacy Policy is provided to you within the Services or otherwise made available on the website.

Any additional terms provided to you separately for the Services, such as product or program terms, ordering, activation, payment terms, etc.

Disclaimer The contents of Bhagya.Cards Services do not constitute advice and should not be solely relied upon in making decisions or refraining from making any decision.

Changes to the Services Bhagya.Cards reserves the right to:

Modify or remove (temporarily or permanently) the Website or any part of it without notice. You acknowledge that Bhagya.Cards shall not be liable to you for any such changes or removals.

Change these Terms and Conditions at any time. Your continued use of the Services following any changes constitutes your acceptance of such changes.

Links to Third-Party Websites Bhagya.Cards Services may include links to third-party websites that are controlled and maintained by others. The inclusion of any link does not imply endorsement. You acknowledge and agree that we are not responsible for the content or availability of such sites.

No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the Service, or access to the Service for any commercial purposes. Bhagya.Cards reserve the right to modify or discontinue the Service (or any part thereof) at any time, with prior notice given to you. After such notice, Bhagya.Cards shall not be liable to you or any third party.

Bhagya.Cards Proprietary Rights You acknowledge and agree that the Service contains proprietary and confidential information protected by applicable intellectual property and other laws. Unless expressly authorized by Bhagya.Cards, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in whole or in part. You also agree not to extract or reverse-engineer the code. Any hacking or unlawful use of Bhagya.Cards will be subject to the maximum prosecution allowable under the law.

Use with Mobile Device

Experience the convenience of accessing our Services through your compatible mobile device using Internet access and specialized software. You acknowledge that you are solely responsible for meeting the requirements, including any necessary changes, updates, and fees associated with SMS messages, data plans, general usage, and your agreement with your mobile device and telecommunications provider. Bhagya.Cards is dedicated to providing a seamless experience, but we make no warranties or representations regarding:

• The availability of telecommunication services from your provider and uninterrupted access to our Services at any time or from any location.

• Protection against loss, damage, or security intrusion of telecommunication services.

• Disclosure of information to third parties or the failure to transmit any data, communications, or settings associated with our Services.



Subscription

Embrace the benefits of our Bhagya.Cards through a periodic subscription basis, allowing you or your organization to access our services as per your chosen plan.



Trial Version and Beta Features

During the trial period of Bhagya.Cards, you have the opportunity to explore our offerings and decide whether to purchase a subscription. To retain any content, including data, creations, posts, or uploads made during the trial period, it is essential to purchase a subscription at the current rate before the trial period ends. Failure to do so will result in the unavailability of your content. Please note that once you decide not to purchase the subscription, access to the data added or created during the trial will no longer be possible.

From time to time, Bhagya.Cards may introduce new and/or updated beta features ("Beta Features") within our Services, inviting your voluntary participation and valuable feedback. We want to ensure you understand that the use of Beta Features is optional, and Bhagya.Cards is not obligated to provide them. Once you opt for Beta Features, reverting to the previous non-beta version may not be possible, and any data created within the Beta Feature may not be transferable. It is important to note that Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could result in failures, data corruption, or loss of information. Your use of Beta Features is entirely at your own risk.



Your Personal Information

We value your privacy, and we encourage you to review Bhagya.Cards's Privacy Policy available with our Services and on our website. By using our Services, you agree to comply with the applicable Bhagya.Cards Privacy Policy, including any published changes. We may use and maintain your data in accordance with the Bhagya.Cards Privacy Policy as an integral part of our Services. Additionally, with your permission, Bhagya.Cards may combine the information you provide or upload with that of other users, ensuring the enhancement of our Services and the creation of tailored promotions. Please be aware that your access information and account data may be shared with your designated system administrator and authorized users, as specified in the registration data, to facilitate smooth operations and account management.



Empowerment through Content

At Bhagya.Cards, we believe in the power of your unique content. You retain full responsibility for all materials ("Content") uploaded, posted, or stored through your use of our Services. By utilizing our Services, you grant Bhagya.Cards a worldwide, royalty-free, non-exclusive license to host and utilize any Content you provide, enabling us to offer you a seamless experience. While we strive to provide a platform for your Content, please note that Bhagya.Cards is not liable for the accuracy or nature of the Content or data you submit through our Services. To ensure a positive and enriching environment, we kindly request that you refrain from using the Services to upload, post, distribute, link to, publish, reproduce, engage in, or transmit any of the following, including but not limited to:

• Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications that may lead to criminal or civil liability under any law.

• Content that impersonates someone else, falsely represents your identity or qualifications, or violates an individual's privacy rights.

• Engaging in spamming or flooding, including unauthorized investment opportunities, solicitations, chain letters, pyramid schemes, or any other form of unsolicited commercial communication.

• Introduction of viruses, trojan horses, worms, or any other disruptive or harmful software or data.

• Usage of information, software, or Content that infringes upon the legal rights of others without proper permission from the copyright or intellectual property owner.



Our Services may offer community forums or social features to facilitate the exchange of Content and information among users. Please exercise respect and discretion when interacting with fellow users, being mindful not to disclose any private information that you do not wish to make public. It is important to note that users may share hypertext links to third-party content, for which Bhagya.Cards holds no responsibility.



While Bhagya.Cards may, at its discretion, monitor the content on our Services, we reserve the right to disclose any information necessary to comply with legal obligations, protect our customers and company, or ensure the proper functioning of our Services. Furthermore, Bhagya.Cards reserves the right, at its sole discretion, to refuse the posting, removal, or refusal to remove any Content, whether in part or in whole, that is deemed unacceptable, undesirable, inappropriate, or in violation of this Agreement.



We value your feedback and encourage your active participation. By providing feedback, suggestions, or ideas, you grant Bhagya.Cards the freedom to utilize them in various ways, including incorporating them into future modifications of our Services, other products or services, advertising, or marketing materials. Your valuable input grants Bhagya.Cards a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to utilize the feedback you provide in any manner we deem appropriate.



PRODUCT, SERVICES, and WEBSITE CONTENT

Content Disclaimer: At Bhagya.Cards, we want to ensure transparency regarding the information provided on our platform. It is important for our customers to understand the following:

Non-Scientifically Proven Facts: The contents mentioned in our blogs, product descriptions, or results of the product are not scientifically proven facts. We provide information and claims based on the beliefs and experiences of our customers.

Customer Responsibility: It is the customer's responsibility to validate the facts and information provided on any platform of their choice. We encourage our customers to conduct their own research and seek additional sources to verify the information before making any decisions.

No Guarantee of Outcome: Bhagya.Cards does not claim or take responsibility for the outcome or results of the product. The effectiveness or success of the product may vary from person to person. We provide information based on customer experiences, but individual results may differ.

Limited Liability: The customer acknowledges that they cannot make any claims or hold Bhagya.Cards liable for any damages or compensation. The customer understands that their decision to use our products is based on their own judgment and acceptance of any risks involved.

By using our services and products, the customer acknowledges and agrees to the above disclaimer. We strive to provide accurate and reliable information, but we cannot guarantee the absolute accuracy or validity of the content. It is always recommended to consult with relevant professionals or experts before making any decisions based on the information provided on our platform.

Product Responsibility: At Bhagya.Cards, we are fully committed to ensuring the quality and reliability of our products. To provide you with a comprehensive understanding of our product responsibility, we would like to elaborate on the following points:

Physical Attributes: Bhagya.Cards takes complete responsibility for the physical qualities of our products. This includes the materials utilized, manufacturing processes employed, and the printing quality. Our focus is on maintaining high standards in these areas to deliver a satisfying product experience to our customers.

Material Selection: We meticulously choose materials for our products to ensure they meet the criteria of durability, functionality, and aesthetic appeal. We assume responsibility for verifying that the materials employed comply with the necessary quality standards and are suitable for the intended purpose of the product.

Manufacturing Defects: In the unlikely event that a manufacturing defect is identified in our products, such as flaws in construction, assembly, or finishing, Bhagya.Cards wholeheartedly accepts responsibility for rectifying the issue. We understand our obligation to provide a solution that meets or exceeds our customers' expectations.

Printing Quality: Bhagya.Cards maintainstrict quality control measures throughout the printing process to ensure accurate reproduction of designs, colors, and any customized elements. We take complete responsibility for the printing quality and strive to deliver products that not only meet but exceed our customers' expectations.

Directing Claims: Should a customer encounter any concerns or issues related to the physical aspects of the product, we kindly request that they contact Bhagya.Cards directly. We are dedicated to promptly and efficiently addressing and resolving such matters. By reaching out to us directly, customers can be assured that their claims will be handled by our knowledgeable customer support team, who will guide them through the necessary steps for resolution. We request that any claims regarding physical attributes be reported within 3 days of product delivery.

Accountability: Bhagya.Cards acknowledgeour complete accountability for the physical qualities of our products. We take pride in the quality and craftsmanship of our offerings and are committed to providing reliable and well-crafted products to our valued customers.

By agreeing to this agreement, the customer understandsthat this explanation specifically pertains to the physical attributes of our products. For other aspects, such as the efficacy or results claimed by the product, we encourage customers to refer to the Content Disclaimer and other relevant sections of our Terms andConditions. We are dedicated to maintaining transparency and upholding our responsibility to delivera satisfying product experience to each and every customer we serve.

Third-Party Content: At Bhagya.Cards, we want to provide further clarity regarding third-party content available on our website. Please find an elaboration on the following points:

Ownership of Third-Party Content: Some of the blog content featured on our website may be created and owned by third parties. Bhagya.Cards does not have control over the content produced by these third parties, and they retain full ownership rights.

Non-Responsibility for Claims: Bhagya.Cards cannot be held accountable for any claims, statements, or representations made within the third-party content. The views and opinions expressed in such content are solely those of the respective third parties, and they bear the responsibility for the accuracy, reliability, and legality of their claims.

Customer Discretion and Judgment: We strongly encourage our customers to exercise their own discretion and judgment when accessing and relying on third-party content available on our website. It is important to evaluate the credibility, expertise, and sources of information provided in these third-party materials.

Limitations of Liability: While we strive to curate reliable and informative content, Bhagya.Cards cannot guarantee the accuracy, completeness, or timeliness of third-party content. Therefore, we cannot be held responsible for any losses, damages, or consequences arising from the use or reliance on such content.

Independent Verification: We recommend that customers independently verify the information provided in third-party content by cross-referencing it with credible sources or seeking professional advice where necessary. This ensures a more comprehensive and reliable understanding of the topics covered.

Content Disclaimer: For further guidance on the limitations and disclaimers associated with the content available on our website, we encourage customers to refer to the Content Disclaimer section, which outlines the nature of the information provided and emphasizes the need for personal evaluation and verification.

At Bhagya.Cards, we are committed to providing a platform that offers diverse perspectives and valuable insights. However, it is essential for customers to understand that we do not endorse or validate the claims made within third-party content. We encourage individuals to exercise critical thinking and make informed decisions when engaging with such materials.

PAYMENT TERMS

The provider undertakes forthwith, without any demur, protest, dispute, or delay, to pay to Service Provider, the amount of the charge back / penalty / fine imposed by the Payment Gateway facilitators, Acquiring Banks, Facility Providers on Service Provider

PAYMENT TO THE MERCHANT

After making all adjustments and deductions in terms of this agreement and subject to the limits on the withdrawal volumes/limits allowed to the Association, the net payments shall be made available by Service Provider/Nodal Bank to the Association.

Service Provider/Nodal Bank will reconcile the accounts and subject to the right of Service Provider /Nodal Bank to withhold payment of the amount arrived at for any reason whatsoever either in terms of this Agreement or otherwise, only thereafter Service Provider/Nodal Bank shall make payment to the Association It is herein emphasised that irrespective of any payment made by Service Provider/Nodal Bank to the Association the same shall be made without prejudice to any claims or rights that Service Provider may have against the Associations and such payments shall not constitute any admission by Service Provider as to the performance by the Association of its obligations under this Agreement and the amount payable to the Association. Service Provider/Nodal bank shall be entitled to set off and/or deduct from any payment due from the Association, such payments that are subsequently determined to be not due and/or wrongly paid to the Association.



It is hereby clarified and agreed that irrespective of any authorisations and/or writings Service Provider is hereby authorised and entitled to debit the Association’s Account for, Transaction Discount Rates, all Charges, dues, penalties, Out-of-Pocket Expenses, refund/s to customer/cardholder and any other amounts due and payable by the Association to Service Provider in terms of this agreement or in any other manner whatsoever shall not be dependent upon or conditional upon the Association obtaining payment whether through Service Provider/Nodal Bank or otherwise from Customers in respect of the Products/Services and/or irrespective of whether the Association complies with the order placed by the customer with the Association. The Association agree and undertake to execute all authorisations and writings as may be required by Service Provider from time to time and shall ensure that there are sufficient funds in the Association’s Account at all times.

TIME OF MAKING PAYMENTS / DUE DATE OF PAYMENT

Upon successful completion of transaction, Service Provider / Nodal Bank will deliver payment to the Association, the Association’s share of the payment as promptly after the due dates as is practicable; which amount shall always be subject to the resolving of all inquiries, disputes, and refunds processed on account of Association Customer Charges and/or chargeback and subject to Service Provider recovering all the amounts due to them in terms of the Agreement between Service Provider and the Association as well as subject to Service Provider recovering all the claims, losses, damages, penalties arising from and out of a breach of this agreement and/or in any other manner whatsoever.

Notwithstanding anything contained herein, where Service Provider has reason to believe that any charges/debits have been fraudulently incurred (hereinafter referred to as “suspect charge”] Service Provider/Nodal bank shall be entitled to withhold payment in respect thereof until it is held to be not a suspect charge. Upon Service Provider determining after due enquiry and investigation that the charge is a valid charge and not a suspect charge, Service Provider/Nodal Bank shall release such withheld payment; Provided further that if Service Provider determines after due enquiry and investigation that any suspect charge is not a valid charge at all, Service Provider/Nodal Bank shall be entitled not to pay the same at all.

Subject to terms and conditions of this Agreement, Settlement Net Amount for transactions will be released within maximum of 5 business days after completing the transaction.

REFUNDS / REFUND POLICY TO CUSTOMERS

Provided that in the event of a User making a purchase by using a Valid Card or through Net-Banking or otherwise through any mode of payment mechanism and upon the Customer or Issuing Bank / institution with whom the Customer has taken the card or the Payment Gateway Facilitator through whom the customer has utilised any mode of payment mechanism requesting Service Provider, or the Banks or the Payment Gateway Facilitator for a refund on any grounds whatsoever within a period of 15 days, then Service Provider, the Banks or the Payment Gateway Facilitator shall be entitled to cancel Authorization and refuse to make any payments to the Association and/or enforce a refund from the Association. Service Provider shall forthwith inform the Association of the same and shall debit the payment to be made to the Association’s Account and make an intermediate credit in Nodal Account, irrespective of any dispute that the Association may have pertaining to such debit. If the Association and the User are unable to arrive at a satisfactory resolution of the a problem within a period of fourteen days thereafter, Service Provider/Nodal Bank shall be entitled to make a direct credit to the disputing User’s Account for the disputed amount. Such a debit to the Association Account and the direct credit to the disputing User's Account shall not be disputed by the Association in any manner whatsoever. In the event of the User and the Association arrive at a settlement within the said fourteen day period, Service Provider shall deal with the said moneys in accordance with the terms of the settlement arrived at. If there Is insufficient credit balance of the Association with Service Provider; the Association, shall on receipt of the claim from Service Provider, undertakes to forthwith pay to Service Provider the amount of the refund within 24 hours of such demand.

In the event of a refund to a cardholder in respect of any transaction of any goods/ services that are not received as ordered, by the Cardholder or are lawfully rejected or accepted for or services are not performed or partly performed or cancelled or price is lawfully disputed by the Cardholder or price adjustment is allowed or for any other reason whatsoever, the Association shall not process a refund transaction and/or make a cash refund directly to the cardholder. The Association must not process a refund transaction, unless there is a preceding corresponding debit on a card account. The Association must present to Service Provider a credit slip/credit process/ refund letter on headed stationary and signed by authorized signatory/ies which will include details of a brief description of the items concerned upon which Service Provider are authorised to deduct from the Associations account the total refund{s] due to the cardholder[s] and in the event of there being a shortfall in the account of the Association to provide for the said amount then the Association shall forthwith make provisions for the same failing which the Association shall be liable to pay interest at the rate then currently charged to cardholders in respect of their indebtedness from the due date until the date of payment [as Well as after and before any demand made or judgement obtained). A true and completed copy of the credit slip must be delivered or forwarded to the Cardholder.

In the event of refund being agreed to be made by the Association to the cardholder, a credit slip shall be issued by the Association to Service Provider within seven days after the refund has been agreed between the Association and the cardholder and Service Provider shall: i) Debit the Association's account forthwith; and/or ii) Deduct the outstanding amount from subsequent credits to the Association's account; and/ or iii) If there is no credit amount with Service Provider, or insufficient funds available therein, claim from the Association the amount credited to the account in respect of the relative transaction/s along with interest thereon. In the event of there being a shortfall in the account of the Association held with Service Provider to provide for the aforesaid then the Association shall forthwith make payment to Service Provider/Nodal Bank for the same. In the event of the Association failing to make payment for the same and/or in the event Service Provider is unable to recover the money from the Association, Service Provider shall at their discretion be entitled to an amount equal to interest at the rate then currently charged to cardholders in respect of their indebtedness from the due date until the date of payment [as well as after and before any demand made or judgement obtained].

In situations where paid date and refund date have a gap between them, which or otherwise causes a currency conversion difference, Service Provider shall have the right to recover the amount pertaining to such foreign exchange currency conversion differences from Association, for purpose of crediting the same to the Cardholder's Card Account.

CHARGEBACK

The Association agrees that transfer or payment instructions accepted by Service Provider through its payment mechanism made in respect of any Dues to the society, which proves to be uncollectible from the Customer and in respect of which the Payment Gateway facilitators or Payment Card Industry raises a claim in that regard, then It shall be the financial responsibility of the Association and the Association shall forthwith make due payment of it to Service Provider/Nodal Bank and/or ensure to refund the amount paid to the Association on account of such payments, which is uncollectible from the Customer. The Association agrees to the non-payment of such user payment or the charging back of such uncollectible charge or to Service Provider setting off and deducting the uncollectable charge from any amount due to Association, as the case may be without any demur or protest, dispute or delay.

The following payments shall be deemed to be uncollectable:

Any payments involving the alleged forgery of the Card Number and PIN, or that of the Card Number, Card Expiry date, Customer Name, Transaction amount, etc. of whatsoever nature. In such an event, Service Provider and the Payment Gateway facilitators shall not be required to check the veracity of any alleged fraud and shall be entitled to rely upon the allegation made by the Customer.

The customer/cardholder’s name or account number or any other necessary details is found to be omitted or incomplete

The card presented to the Association or the account in respect of the transaction was listed in a warning list or any other communication or advice (in whatever form) from time to time, issued or made available to Service Provider by acquiring bank, payment gateway facilitators or Card Associations or if such intimation is made available by or on behalf of Service Provider to the Association.

The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is cancelled or terminated by a card holder or if the Association fails to provide at all or to the customer’s/cardholder's satisfaction, goods and/ or services to the customer/cardholder.

The cardholder/customer denies the transaction or the sale or delivery of goods and/ or services covered by the transaction or raises any dispute including disputes as regards the nature, quality or quantity of the goods and/ or services covered by the transaction; and or the transaction itself.

Any information required to be presented to Service Provider in respect of the transaction is not received in accordance with Service Provider requirements from time to time.

Service Provider has requested evidence in accordance with this agreement and the Association has failed to provide the same;

There has been any departure from the terms of this agreement in relation to that transaction;

There has been a breach by the Association of this agreement, other than the breaches more specifically provided in this sub-clause, in connection with the transaction or otherwise;

Any charge/debit is for any reason unlawful or which is a suspect charge or deemed to be as an irregular or of a fraudulent nature by Service Provider in its sole opinion and assessment or if Service Provider suspects, on reasonable ground, the Association/Company has committed a breach of this Agreement or has acted dishonestly or fraud has been committed against Service Provider or any Card Holder/Customer or third party, or has in connivance with any other person done the same or assisted in the same and/or Service Provider shall be entitled to suspend all payment under this Agreement to the Association/Company, pending enquiries by Service Provider.

Service Provider or Payment Gateway Facilitators is of the opinion that there are suspicious circumstances surrounding the transaction;

Service Provider or Payment Gateway Facilitators is of the opinion that the submission is out of the normal pattern;

The Issuing bank / Acquiring bank/Payment Gateway Facilitators refuses to honour the transaction presented by the Association;

Any other event or circumstance which Service Provider shall from time to time notify to the Association to have occurred at the date of the transaction;

If Payment Gateway facilitators including MasterCard / Visa dispute the transaction or report a retrieval request /fraud/chargeback

Any payment which the Customer/Cardholder refuses to honour or demands a refund of because the Product/services purchased from the Association was not as promised or was defective, deficient, incomplete and /or unsatisfactory for any reason whatsoever.

Any charge/debit made on a card/account other than a Valid Card.

Any charge/debit for Products or services in an amount in excess of the sale price of the Products or Services.

Any charge/debit for undelivered merchandise or services.

Any charge / debit arising out of any alleged hacking, breach of security or encryption (if any) that may be utilised by Service Provider and the Payment Gateway facilitators from time to time.

The Association hereby authorises Service Provider/Nodal bank to appropriate the Association's account with Service Provider/Nodal Bank with Service Provider to the extent of the aforesaid uncollectible amounts and any other moneys due to Service Provider by the Association in terms of this Agreement in respect of a Customer Charge without any demur, protest, dispute or delay.

If there is insufficient credit balance available therein; the Association shall on receipt of the intimation from Service Provider and/or claim from Service Provider within 24 hours from receipt of such intimation, the Association undertakes to forthwith without any demur, protest, dispute or delay, to pay to Service Provider/Nodal Bank, the amount of the refund to the extent to which such credit proves inadequate. Without prejudice to any other of Service Provider rights and remedies, in the event that the Association does not make any payment to Service Provider by its due date or on demand as required under this Agreement, Service Provider shall be entitled to charge compounded, daily interest on such overdue amount from the due date until the date of payment in full, at the rate of 2.5% per month.

It is herein emphasised that irrespective of any payment made by Service Provider to the Association they will have to deemed to have been made without prejudice to any claims or rights that Service Provider may have against the Associations and such payments shall not constitute any admission by Service Provider as to the non-existence of a chargeback and/or performance by the Association of its obligations under this Agreement and/or to the validity of the transactions. It is further agreed by the Association that in the event the Association receives payment in respect of a transaction which is subsequently determined to be a chargeback then the Association shall without any demur or protest, dispute or delay, forthwith refund the amounts due to Service Provider in this regard.

REJECTION OF PAYMENT

Service Provider/Nodal Bank shall be entitled at any time to refuse making total or partial payment to the Association or, if payment has been made, to debit the Association’s Account with such amount or to seek immediate reimbursement from the Association, notwithstanding any Authorisation given by Service Provider to the Association, irrespective of any dispute that the Association may have for such debit, in any of the following situations:

The transaction fs for any reason unlawful or unenforceable.

Any information presented electronically to Service Provider in respect of the transaction is not received in accordance with Service Provider requirements from time to time.

Any transaction made through a card outside the territory authorised for the use of the card.

The price charged for goods or services to the Cardholder was in excess of the advertised price.

The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is cancelled or terminated by a Cardholder or if the Association fails to provide at all or to the Cardholder's satisfaction, goods and/or services to-the Cardholder.

Any Order which the Cardholder refuses to pay because the Product/Service was not as promised or was defective;

The Cardholder disputes or denies the transaction or the sale or delivery of goods and/or provision of services covered by the transaction with reasons.

Transaction is posted more than once to Card Holder’s account

The transaction is doubtful or erroneously paid for, to the Association

The Association has [i] not obtained a necessary authorisation as required to be obtained in terms of this agreement or [ii] Service Provider or the Payment Gateway facilitators are entitled to reject payment in terms of this agreement;

The Issuing Bank/Payment Gateway facilitators advises that the card number does not match any number on file or the card used is not a Valid card;

Acquiring bank or Payment Gateway Facilitator refuse to make the payment or ask for the refund;

Payment in respect of the Customer Order or the relevant instalment of the Customer Charge has already been made;

In cases in which Payment Gateway facilitators provide that the Customer Order has to be completed within a specific limited time from the date of Order and the Association has failed to comply with the said customer order within that time;

The authorisation process cannot be completed/fails in relation to a Transaction;

Where the transaction amount and/or monthly volumes, etc exceeds the limits prescribed by Service Provider/payment Gateway facilitators from time to time and as the situation on an ongoing basis may so require or demand.

For any other reason whatsoever including any other reason that may have been separately provided for in this agreement and irrespective of the fact that it is not specifically mentioned herein.

CONSEQUENCES UPON REJECTION OF PAYMENT

Where Service Provider/Nodal Bank and/or the Payment Gateway facilitators are entitled to reject payments in respect of an Order or demand a refund or in the case of chargeback, Service Provider/Nodal bank shall be entitled to set off and deduct from any payment due to the Association or demand a refund, and in doing so Service Provider/Nodal bank as the case of the refund and/or charge back mention herein in clause/section 8 & 9 respectively. In the event Service Provider suspects that the Association has been negligent or that the Association has committed a breach of this Agreement or has acted dishonestly or committed fraud against either Service Provider or against any of the Payment Gateway facilitators or upon any Customer, then Service Provider shall be entitled to suspend all payments under this Agreement to the Association pending enquiries by Service Provider/Payment Gateway facilitators/Customer, as the case may be and until resolution of the same to the satisfaction of Service Provider. In the event Service Provider is satisfied that the Association has committed a breach of this Agreement or has acted dishonesty or committed fraud against either Service Provider or against any of the Payment Gateway facilitators or upon any Customer then Service Provider shall be entitled to recovery of the loss, claim, penalties, costs, expenses directly or indirectly incurred or suffered by Service Provider/ Payment Gateway facilitators /Customer.

Additional Terms

You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Bhagya.Cards if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

Disclaimers

The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to

the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Bhagya.Cards will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

Bhagya.Cards makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Limitation of Liability and Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BHAGYA.CARDS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, BHAGYA.CARDS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, HUMAN ERRORS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE. THE ABOVE LIMITATIONS APPLY EVEN IF Bhagya.Cards AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BHAGYA.CARDS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Bhagya.Cards and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Bhagya.Cards reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Bhagya.Cards in the defense of any Claims.

TERMINATION

Bhagya.Cards may immediately, in its sole discretion and without notice, terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you have not made payment against the invoices that are due. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Bhagya.Cards's rights to any payments due to it. Bhagya.Cards may terminate a free account at any time. This section will survive and remain in effect even if the Agreement is terminated.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.