Our Policies for Online Transactions

The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Central Chinmaya Mission Trust (CCMT) for making Subscription payments for electronic and printed versions of Chinmaya Udghosh magazine, the international monthly magazine of Chinmaya Mission for Youth through an online mode using payment gateway on CCMT’s Chinmaya Udghosh website i.e. www. chinmayaudghosh.com (“the Website”) or the Chinmaya Udghosh mobile application (“the Mobile App”). Each User is therefore deemed to have read and accepted these Terms and Conditions.

 

A. Privacy Policy

CCMT respects and protects the privacy of the individuals that access the information and use the services provided to them. Individually identifiable information about the User is not wilfully disclosed to any third party without first receiving the User’s permission, as covered in this Privacy Policy. This Privacy Policy describes CCMT’s treatment of personally identifiable information that CCMT collects when Users are on the Website and/or the Mobile App. CCMT does not collect any unique information about the User (such as User’s name, email address, age, gender, residential address, etc.) except when the User specifically and knowingly provides such information on the Website and/or the Mobile App. CCMT may, from time to time, send email and other communication to the User to tell them about the various services, features, functionality and content offered by the Website and/or the Mobile App or seek voluntary information from you.
Please be aware, however, that CCMT will release specific personal information about the User if required to do so in the following circumstances:

1.     in order to comply with any valid legal process such as a search warrant, statute, or court order; or

2.     if any of User’s actions on the Website and/or the Mobile App violate the Terms of Service or any of CCMT’s guidelines for specific services; or

3.     to protect or defend CCMT’s legal rights or property, the Website and/or the App or other Users; or

4.     to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of the Website and/or the Mobile App; or CCMT in its sole discretion reserves the right to amend, modify, change, add or remove the Terms and Conditions. The User’s continued use of the Website and/or Mobile Application deems acceptance of any such changes. The User should view these Terms periodically to ensure that s/he is familiar with the updated version.


B. General Terms and Conditions for Online-Payments

1.     Once a User has accepted these Terms and Conditions, s/he may register and avail the Services. A User may either register on the Website and/or the Mobile App to carry out Online Payment Transactions.

2.     CCMT’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 CCMT’s right to comply with any law enforcement agencies request or requirements relating to any User’s use of the Website and/or Mobile App or information provided to or gathered by CCMT with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website and/or the Mobile App to arbitrators, regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website and/or Mobile Apps hall be at the absolute discretion of CCMT.

3.     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.

4.     These Terms and Conditions constitute the entire agreement between the User and CCMT. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and CCMT. 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 CCMT and/or the Payment Service Providers kept in the ordinary course of business of CCMT 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 and Cancellation: Refund for Subscription (for any term specified on the Site) made online through the Website and/or the Mobile App shall be limited to the amount deducted from bank account, credit or debit card charged as the case may be, in the event, the transaction fails to successfully register and establish the customer as an active subscriber of the amount deducted or charged. For a successful active subscription for which an e-invoice is generated, no refund or cancellation will be allowed. Refunds for eligible transactions will be processed within 5-7 working days. Please note that it may take additional time for the refunded amount to be credited to the customer's bank account, depending on the banking institution's policies and procedures.

7.     Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for reason stated above, such a User shall immediately approach Chinmaya Udghosh Office as mentioned on Contact Us Page with his/ her claim details and claim refund from Chinmaya Udghosh Office alone. Such refund (if any) shall be effected only via the Website and/or the Mobile App payment gateway or by means of a demand draft or such other means as CCMT 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.     In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled debit card or credit card or wallet or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to 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.

9.     Refund for fraudulent/duplicate transaction(s): The User shall directly contact Chinmaya Udghosh Office for any fraudulent transaction(s) on account of misuse of debit card, credit card, or bank account by a fraudulent individual/party and such issues shall be suitably addressed by CCMT alone in line with their policies and rules.

10.  Server Slow Down/Session Timeout: In case the Website and/or Mobile App or Payment Service Provider’s webpage, that is linked to the Website and/or Mobile App, 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:

a.     In case the bank account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Chinmaya Udghosh Office via e-mail or any other mode of contact as provided on the Contact Us page to confirm payment.

b.     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. Any communication received by the Payment Service Provider(s) in this regards shall not be entertained by the Payment Service Provider(s).


C. Limitation of Liability

1.     CCMT has made this Service available to the User as a matter of convenience. CCMT expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that s/he shall be solely responsible for his/ her conduct and that CCMT reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

2.     CCMT 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 CCMT 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 unauthorised access or alteration of transmissions of data or arising from suspension or termination of the Services.

3.     CCMT and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:

a.     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

b.     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 CCMT and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilisation of the Services. The User agrees that CCMT 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 and/or Mobile App, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond CCMT’s reasonable control.


D. Intellectual Property

User acknowledges and agrees that, CCMT is the sole owner of the Intellectual Property Rights in the Chinmaya Udghosh magazine and the contents of Website and/or the Mobile App including but not limited to copyrights, trademarks etc., and that the User has no rights in and to the Chinmaya Udghosh magazine and the contents of the Website and/or the Mobile App other than as expressly provided for herein. If any content, in original form or revised, is shared on any platform via any medium, credit must be given to Chinmaya Udghosh.


E. Miscellaneous Conditions:

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

2.     The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card or credit card or wallet or online bank account transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that CCMT or the Payment Service Provider(s) have no control over such matters.

3.     Although all reasonable care has been taken towards guarding against unauthorised use of any information transmitted by the User, CCMT does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorised use of data over the Internet.

4.     CCMT, 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 unauthorised access to, alteration of, or use of information contained on the Website and/or Mobile App.

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 CCMT on the Website and/or Mobile App. By accepting these Terms and Conditions the User agrees 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:

a.     Choose a new password, whenever required for security reasons.

b.     Keep his/ her User ID and password strictly confidential.

c.     Be responsible for any transactions made by User under such User ID and password.

 

The User is hereby informed that CCMT 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 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.

 

F. Payment Method

1.     The User agrees that the debit card or credit card or wallet or online bank account details provided by him/ her for use of the aforesaid Services must be correct and accurate and that the User shall not use a debit card or credit card or online bank account, that is not lawfully owned by him/ her or the use of which is not authorised by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit card or credit card or wallet or online bank account details.

2.     The User may pay Subscription charges to CCMT by using a debit card or credit card or wallet or through online bank 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 / wallet/ bank details:

a.     The User is fully and lawfully entitled to use such credit card or debit card or bank account for such transactions;

b.     The User is responsible to ensure that the debit card or credit card or wallet or bank account details provided by him/ her are accurate;

c.     The User is authorising debit of the nominated card or bank account for the payment of Subscription charges selected by such User along with the applicable Fees.

d.     The User is responsible to ensure 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.


G. Personal Information

1.     The User agrees that, to the extent required or permitted by law, CCMT 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 requirements.

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

3.     In addition to the information already in the possession of CCMT and/or the Payment Service Provider(s), CCMT may have collected similar information from the User in the past. By entering the Website and/or Mobile App the User consents to the terms of CCMT’s information Privacy Policy and to CCMT’s continued use of previously collected information. By submitting the User’s personal information to CCMT, 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.     The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.


H. Payment Gateway Disclaimer

The service is provided in order to facilitate access to view and pay for Subscriptions to Chinmaya Udghosh electronic and printed versions of the Magazine to support Chinmaya Udghosh. CCMT 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 and/or Mobile App for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the Online Payment Service is entirely at own risk and responsibility of the User.


I. Dispute Resolution

In the event of any unresolved dispute or difference of any nature whatsoever between User and CCMT arising out of the use of the Website and/or the Mobile App under the purview of courts of law in Mumbai shall succeed only after the dispute being referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996, and enactments / modifications, if any, thereof. The decision shall be binding upon the both the User and CCMT. The arbitration proceedings shall be conducted in Mumbai, Maharashtra in English language. Subject to the above, each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Mumbai in respect of any dispute, suit, action or proceedings, which may arise out of or in connection with the use of the Website and/or Mobile App.


J. Contact Details

For further information regarding Chinmaya Udghosh contact details, visit the Contact Us page.

 

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