Payment Terms & Conditions
The Terms and Conditions contained herein shall apply to any person ("User") using the online payment gateway service ("Service") offered jointly by PhonePe Ltd. and the Payment Gateway Service Provider through the KALPAK website.
Each User is deemed to have read, understood and accepted these Terms and Conditions before using the online payment facility.
A. Privacy Policy
KALPAK respects and protects the privacy of individuals who access the information and services provided through this website. Personally identifiable information about the User is not intentionally disclosed to any third party without the User's prior consent, except as described in this Privacy Policy.
This Privacy Policy explains how KALPAK collects, uses and protects personally identifiable information obtained from Users of the KALPAK website.
KALPAK does not collect personally identifiable information such as the User's name, email address, age or gender unless the User voluntarily provides such information while using the Website.
KALPAK may occasionally send emails or other communications informing Users about services, new features, functionality or requesting voluntary feedback.
KALPAK may disclose specific personal information if required under the following circumstances:
- To comply with any valid legal process such as a court order, statute or search warrant.
- If the User violates these Terms of Service or any guidelines applicable to specific services.
- To protect or defend the legal rights or property of KALPAK, the Website or its Users.
- To investigate, prevent or take action regarding illegal activities, suspected fraud or threats affecting the security or integrity of the KALPAK website or its services.
B. General Terms and Conditions for Online Payments
- Once a User has accepted these Terms and Conditions, he/she may register and avail the Services. Registration may be completed through the KALPAK website or by any other method specified by KALPAK from time to time.
- KALPAK's rights, obligations and undertakings shall be governed by the laws of India together with applicable Government directives and procedures. Nothing contained in these Terms shall restrict KALPAK from complying with requests from law enforcement agencies or regulatory authorities concerning the User's use of the Website or information supplied through it.
- If any provision of these Terms and Conditions is held invalid or unenforceable, that provision shall be replaced by a valid provision that most closely reflects the original intent, while the remaining provisions shall continue in full force and effect.
- These Terms and Conditions constitute the complete agreement between the User and KALPAK and supersede all previous oral or written communications relating to the online payment service.
- The records maintained by KALPAK and/or the Payment Service Provider in the ordinary course of business shall be conclusive evidence of transactions covered under these Terms and Conditions.
- Refund Transaction: No refund claims shall be entertained by KALPAK under any circumstances.
- Shipping Policy: Shipping is not applicable since KALPAK provides services only. Payments are accepted only after the services have been provided. No physical products are shipped.
- Refund Policy: Refunds are not applicable because KALPAK provides services only. Payments are accepted only after the services have been rendered.
- Cancellation Policy: Cancellation is not applicable as KALPAK provides services only and does not accept orders for physical products.
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Server Slow Down / Session Timeout
If the Website or the Payment Service Provider's website experiences server slowdown, failure or session timeout, the User should verify whether the payment has already been debited before attempting another payment.
If the Bank Account has already been debited:
- Do not attempt to make another payment.
- Immediately contact KALPAK through email or any other published contact method to confirm the payment.
If the Bank Account has not been debited:
- The User may initiate a fresh payment transaction.
The User further agrees that under no circumstances shall the Payment Gateway Service Provider be held responsible for duplicate or fraudulent transactions resulting from repeated payment attempts. No communication received by the Payment Service Provider in this regard shall be entertained.
C. Limitation of Liability
- KALPAK provides this online payment service solely as a convenience to Users. KALPAK expressly disclaims all liability arising from the provision or use of this Service. KALPAK reserves the right to terminate the User's access to the Service at any time without prior notice.
- Neither KALPAK nor the Payment Service Provider shall be liable for any inaccuracy, delay, omission, transmission failure or interruption of any information, nor for any loss or damage arising from such events. Under no circumstances shall KALPAK, the Payment Service Provider, their employees, directors or agents be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising from the use of the online payment services.
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KALPAK and the Payment Service Provider(s) assume no liability
whatsoever for any monetary or other damage suffered by the User on
account of:
- Delay, failure, interruption or corruption of any data or information transmitted in connection with the Payment Gateway or related services.
- Any interruption or errors in the operation of the Payment Gateway.
- The User shall indemnify and hold harmless KALPAK, the Payment Service Provider(s), and their respective officers, directors, employees and agents against any claims, demands or legal actions arising from or in connection with the use of the online payment services.
- The User agrees that neither KALPAK nor any of its employees shall be liable for any loss or damage arising from the use of, or reliance upon, the information contained on this Website or for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond KALPAK's reasonable control.
D. Miscellaneous Conditions
- Any waiver of any rights available to KALPAK under these Terms and Conditions shall not constitute a continuing waiver of those rights.
- The User understands and agrees that personal information, including debit card and credit card details transmitted over the Internet, may be susceptible to misuse, hacking, theft or fraud. KALPAK and the Payment Service Provider(s) have no control over such events.
- Although KALPAK takes reasonable precautions to safeguard information transmitted by Users, it does not guarantee that the use of its services will be free from theft or unauthorized access to data over the Internet.
- KALPAK, the Payment Service Provider(s), their affiliates and associates shall not be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation, communication failure, computer virus, theft, destruction, unauthorized access, alteration or misuse of information stored on the Website.
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The User may be required to create a User ID and Password in order to
register for or access certain services provided by KALPAK.
By accepting these Terms and Conditions, the User agrees that the User ID and Password are confidential and must be protected.
The User agrees to:
- Choose a new password whenever required for security reasons.
- Keep the User ID and Password strictly confidential.
- Be solely responsible for all transactions performed using the User ID and Password.
KALPAK will never request the User's password through an unsolicited telephone call or email.
Users should always sign out of their KALPAK account and close the browser window after completing transactions, especially when using shared or public computers such as those in libraries or Internet cafés.
E. Debit / Credit Card and Bank Account Details
- The User agrees that all debit or credit card details supplied for making payments are accurate and belong to the User or are used with the lawful authorization of the cardholder.
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The User may make payments using:
- Debit Card
- Credit Card
- Internet Banking
The User further warrants and confirms that:
- The User is legally entitled to use the nominated debit card, credit card or bank account.
- All card and bank account details provided are true, complete and accurate.
- The User authorizes KALPAK to debit the nominated account or card for the payment of selected dues together with any applicable fees.
- The User is responsible for ensuring that sufficient funds or available credit exist in the nominated account to complete the payment transaction.
F. Personal Information
- To the extent required or permitted by applicable law, KALPAK and/or the Payment Service Provider(s) may collect, use and disclose personal information in connection with security investigations, law enforcement proceedings or compliance with statutory requirements.
- The User agrees that any communication sent to KALPAK through email shall constitute consent to the release of the information contained therein. The User further agrees to receive responses from KALPAK through email.
- In addition to information already available with KALPAK and/or the Payment Service Provider(s), KALPAK may have collected similar information from the User previously. By accessing the Website and submitting personal information, the User consents to KALPAK's Privacy Policy and authorizes KALPAK to continue processing previously collected and newly submitted personal information in accordance with applicable law.
- The User acknowledges and agrees that all personal information shall be managed in accordance with the laws in force in India.
G. Payment Gateway Disclaimer
The online payment facility is provided solely to enable Users to view and pay their dues electronically.
Neither KALPAK nor the Payment Service Provider(s) make any representation or warranty, express or implied, regarding the operation, availability, accuracy or reliability of the Payment Gateway except as expressly stated on this Website.
By accepting these Terms and Conditions and using the online payment facility, the User expressly acknowledges and agrees that the use of the Payment Gateway is entirely at the User's own risk and responsibility.