The Terms and Conditions contained herein shall apply to any person (“User”) using the services of
The Institute of Chartered Accountants of India (“ICAI”) for making GMCS/ Orientation Course/ ITT/
Advanced ITT course fee payments through an online payment gateway service (“Service”) offered
jointly by ICICI Bank, Federal Bank and Axis Bank and Payment Gateway Service provider, through
ICAI's website i.e.
. Each User is therefore
deemed to have read and accepted these Terms and Conditions.
ICAI 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 willfully
disclosed to any third party without first receiving the User’s permission, as covered in this Privacy
Policy.
This Privacy Policy describes ICAI’s treatment of personally identifiable information that ICAI
collects when User is on the ICAI’s website. ICAI does not collect any unique information about the
User (such as User’s name, email address, age, gender etc.) except when the User specifically and
knowingly provide such information on the Website. Like any business interested in offering the
highest quality of service to clients, ICAI may, from time to time, send email and other
communication to the User tell them about the various services, features, functionality and content
offered by ICAI website or seek voluntary information from user.
Please be aware, however, that ICAI will release specific personal information about the User if
required to do so in the following circumstances: |
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a) |
in order to comply with any valid legal process such as a search warrant, statute, or court
order, or |
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b) |
if any of User’s actions on ICAI’s website violate the Terms of Service or any of ICAI’s
guidelines for specific services, or |
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c) |
to protect or defend ICAI’s legal rights or property, the ICAI site, or ICAI Users; or |
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d) |
to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the security, integrity of ICAI website/offerings. |
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B. |
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General Terms and Conditions For Online-Payments |
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1. |
Once a User has accepted these Terms and Conditions, he/ she may register and avail the
Services. |
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2. |
ICAI'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 ICAI'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 ICAI 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 ICAI. |
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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. |
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4. |
These Terms and Conditions constitute the entire agreement between the User and ICAI.
These Terms and Conditions supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the User and ICAI. 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. |
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5. |
The entries in the books of ICAI and/or the Payment Service Providers kept in the ordinary
course of business of ICAI 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. |
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6. |
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 his/ her card
issuer bank. No claims for refund/ charge back shall be made by any User to the Payment
Gateway Service Provider(s) and in the event such claim is made it shall not be entertained. |
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7. |
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. |
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8. |
Refund for fraudulent/duplicate transaction(s): The User shall directly contact his/ her card
issuer bank for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a
fraudulent individual/party. |
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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’ 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: |
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(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the
payment twice and immediately thereafter contact his/ her card issuer bank via e-mail or
any other mode of contact as provided by his/ her card issuer bank to confirm payment. |
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(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to
make payment. |
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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 and any communication
received by the Payment Service Provider(s) in this regards shall be entertained by the
Payment Gateway Service Provider(s). |
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C. |
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Limitation of Liability |
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1. |
ICAI has made this Service available to the User as a matter of convenience. ICAI 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 ICAI
reserves the right to terminate the rights to use of the Service immediately without giving
any prior notice thereof. |
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2. |
ICAI and/or the Payment Gateway 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 ICAI
and/or the Payment Gateway 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. |
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3. |
ICAI and the Payment Gateway Service Provider(s) assume no liability whatsoever for any
monetary or other damage suffered by the User on account of: |
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(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 |
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(ii) any interruption or errors in the operation of the Payment Gateway. |
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4. |
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and
ICAI and their respective officers, directors, agents, and employees, from any claim or
demand, or actions arising out of or in connection with the utilization of the Services. |
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5. |
The User agrees that ICAI 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 ICAI’s reasonable control. |
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D. |
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Miscellaneous Conditions : |
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1. |
Any waiver of any rights available to ICAI under these Terms and Conditions shall not mean
that those rights are automatically waived. |
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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 ICAI or the Payment Gateway
Service Provider(s) have no control over such matters. |
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3. |
Although all reasonable care has been taken towards guarding against unauthorized use of
any information transmitted by the User, ICAI 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. |
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4. |
ICAI, the Payment Gateway 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. |
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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 ICAI 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; |
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i. Choose a new password, whenever required for security reasons. |
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ii. Keep his/ her User ID & Password strictly confidential. |
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iii. Be responsible for any transactions made by User under such User ID and Password. |
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The User is hereby informed that ICAI 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 ICAI 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. |
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Debit/Credit Card, Bank Account Details |
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1. |
The User 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 details. |
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2. |
The User may pay his/ her course fee to ICAI 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: |
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i. The User is fully and lawfully entitled to use such credit/ debit card, bank account
for such transactions; |
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ii. The User is responsible to ensure that the card/ bank account details provided by
him/ her are accurate; |
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iii. The User is authorizing debit of the nominated card/ bank account for the payment of
course fee for the course selected by such User along with the applicable Fees. |
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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. |
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F. |
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Personal Information |
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1. |
The User agrees that, to the extent required or permitted by law, ICAI and/ or the Payment
Gateway 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. |
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2. |
The User agrees that any communication sent by the User vide e-mail, shall imply release of
information therein/ therewith to ICAI. The User agrees to be contacted via e-mail on such
mails initiated by him/ her. |
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3. |
In addition to the information already in the possession of ICAI and/ or the Payment Gateway
Service Provider(s), ICAI may have collected similar information from the User in the past. By
entering the Website the User consents to the terms of ICAI’s information privacy policy and
to ICAI’s continued use of previously collected information. By submitting the User’s personal
information to ICAI, the User will be treated as having given his/her permission for the
processing of the User’s personal data as set out herein. |
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4. |
The User acknowledges and agrees that his/ her information will be managed in accordance
with the laws for the time in force. |
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G. |
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Payment Gateway Disclaimer |
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The Service is provided in order to facilitate access to view and pay the course fee online.
ICAI or the Payment Gateway 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. |