Indemnity, payment and refund policy

P. K. PANDYA AND CO. offers option to its clients and prospective clients (“Users or User”) to make the payment for services rendered or to be rendered by P. K. PANDYA AND CO. Such an option also includes online payment by Users. Online and offline payment by Users to P. K. PANDYA AND CO. is governed by the policy on this page as well as governed by the general disclaimer and privacy policy.

To enable the Users to make online payments to P. K. PANDYA AND CO., we rely upon the online payment gateways service provider(s). P. K. PANDYA AND CO. may change of service provider(s) for online payment gateways without any intimation to the Users. All the terms and conditions of the online payment gateways service provider(s), including disclaimers, as may be applicable from time to time, shall be binding upon the Users.

P. K. PANDYA AND CO. is constantly evolving in order to provide the best possible experience and information to Users. Users acknowledge and agree that the form and nature of the Services which P. K. PANDYA AND CO. provide may change from time to time without any prior notice.

P. K. PANDYA AND CO. do not pass upon the Users the cost charged by online payment gateways service provider(s).

NO REFUND, EXCEPT WHEN AGREED IN WRITING

All payments made to P. K. PANDYA AND CO. are non-refundable, except where specifically agreed in writing. All refunds, where so agreed in writing by P. K. PANDYA AND CO. will be made after deducting transaction cost/charges levied upon P. K. PANDYA AND CO. by online payment gateways service provider(s).

Compliance with anti-bribery and anti-corruption laws

User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments made thereto from time to time) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government – owned or government — controlled companies, public international organisation and political parties. User also agrees not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in favour of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of ‘The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation’, Reserve Bank of India, as amended from time to time. The User confirms to P. K. PANDYA AND CO. that all the payments made or is being made or agreed to be made by the User for self and/or on behalf of any other person or entity, to P. K. PANDYA AND CO. is completely legal and in furtherance of legally recognised and permitted purpose as well as in compliance with all applicable laws. The User unconditionally indemnifies P. K. PANDYA AND CO. against any liability or action that P. K. PANDYA AND CO. may face at any time due to the non-compliance or falsity / perjury by the User and/or third party on whose behalf it (the User) has made payment to P. K. PANDYA AND CO.

Compliance with mandates of the OFAC

User undertakes that it shall be in compliance with the mandates of the Reserve Bank of India as well as that of the Office of Foreign Assets Control (“OFAC“) of the US Department of the Treasury and acknowledges that the User has not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), Consolidated Sanctions List and the Additional OFAC Sanctions List, as amended from time to time.

Indemnity

The User shall indemnify and hold P. K. PANDYA AND CO., its/his employees, agents and associates and any other related or third parties involved with P. K. PANDYA AND CO. in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:

  • Fraud, negligence and willful misconduct by the User in the use of the Services;
  • Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User, including but not limited to the legal provisions mentioned hereinabove;
  • Disputes raised by a User’s customer in relation to a transaction where such dispute is not attributable to the Services;
  • Penalties, fines, charges, or any other actions as a result of breach or violation of any the User’s representations and warranties; and
  • Fines, penalties and charges imposed by the Acquiring Bank, Card Payment Networks or any Governmental Authority on account of transactions on the User’s website or platform that are in violation of applicable law.

AUTHORIZATION

User authorizes P. K. PANDYA AND CO. to use the payment made through payment gateway service provider towards the purpose for which it is made including towards invoice(s) raised / to be raised by P. K. PANDYA AND CO. upon the User and/or other natural person or legal entity or association of persons on whose behalf the User has remitted the funds.

CONFIRMS ACCEPTANCE

User hereby confirms having read and understood the terms stated herein and accept them. Such confirmation extends to and deemed to be given for reading, understanding and unqualified acceptance is extended to other policies and terms of P. K. PANDYA AND CO. as well as that of online payment gateway service provider.