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The cancellation/refund in respect of the bookings and charges, if any, will also be governed as per the terms and conditions of the aggregator or of the Merchant/vendor. Mycashpays (MCP) has no role in governing refund/cancellation charges. Where MCP is an offline/online marketplace services provider, MCP will not be responsible for refund/cancellation including any charges arising therefrom. The aggregator or the merchant/vendor is solely responsible for the content/listings/bookings made available by it through the Platform and You should contact the respective Merchant/vendor directly in relation to the above-mentioned queries. Where MCP is acting as an offline agent you may reach out to MCP directly as well.
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Use of Information: By accepting T&Cs in general including the SSOID terms and the Marketplace Terms, You accept that MCP may send alerts to the mobile phone number/ e-mail address provided by You while registering for the MCP Service/MCP Platform or to any such number/e-mail address replaced and informed by You subsequently.
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Limitation of liability and waiver: In no event, MCP will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement, including these T&Cs and Marketplace Terms; (ii) the SSOID Agreement; (iii) the MCP Services, the MCP Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the MCP Services, the MCP Platform (including any and all materials) or any reference sites/app/platform/service, even if MCP or a MCP authorized representative has been advised of the possibility of such damages. In no event, MCP or any of its directors, employees will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement, including these T&Cs and the Marketplace Terms; (ii) the SSOID Agreement; (iii) the MCP Services, the MCP Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the MCP services, the MCP Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with MCP, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the MCP Service or the MCP Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that MCP has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and MCP, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and MCP. MCP would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, MCP’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, including these T&Cs, SSOID terms and the Marketplace Terms.
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Dispute Resolutions: If any dispute, controversy or claim arises under this Agreement or in relation to any MCP Service or the MCP Platform, including any question regarding the existence, validity or termination of this Agreement or these T&Cs or these Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, MCP may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Pune and the language of this arbitration shall be English. Either You or MCP may seek any interim or preliminary relief from a court of competent jurisdiction in Pune necessary to protect the rights or the property belonging to You or MCP (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor MCP may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and MCP. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
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Jurisdiction: Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against MCP must be resolved by a court having jurisdiction in Pune, India. You agree to submit to the personal jurisdiction of the courts located within Pune, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Refund
- Refunds will be processed as per the Merchant/Vendors rules and cancellation policy. The refund policy varies for the different merchants. All cancellations made directly with the merchant need to be intimated to MCP, in order to initiate the process of refund. Any refunds due to you shall be processed subject to MCP receiving the same from the Merchants. In the event the Merchants processes the refund in the form of a credit to be utilized for future Purchase, MCP shall process the same to reflect against your account. You agree that in no event shall MCP be refunding to You, the applicable refund amount in cash if the refund received from the Merchants is in the form of a credit entry.
- The refund shall be processed after deducting the MCP convenience fee applicable for the transaction. You are requested to claim the refund within a period not exceeding 10 days from the date of the purchase. The processing time for refunds may vary depending on the mode of payment, bank etc. In the case of refunds from the Merchants made in cash the refund will be credited to the same account from which the payment was made. In the event of cancellation and refund of partially utilized tickets, upfront discount and promo code discount availed at the time of purchase would be deducted from the refund amount
- Refund are reversal transactions wherein complete or partial money is moved back to customer’s source account (account from which actual payment was made). A refund can only be created for a successful or settled transaction. Use case for a refund arises in the following scenarios:
- Customer initiated refund (returns/cancellation) - Customer has changed his mind about the consumption of product pre/post order delivery
- Merchant initiated refund - Refund can be initiated by the merchant in the following scenarios:
- Product/service is out of stock
- Merchant works on a prepaid model wherein the initial amount was higher than the final billed amount (prepaid service model)
- Mismatch in transaction status between MCP and merchant wherein transaction is failed state at merchant's end but is successful at MCP's end.
You can initiate partial or complete refunds to your customer’s source account. A refund request usually takes 7-14 business days to reflect in customer’s account depending on the bank used for payment.
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