KERALA INFRASTRUCTURE AND TECHNOLOGY FOR EDUCATION (hereinafter referred as "KITE")
Terms & Conditions For Authorization for Online Payments
The KITE online payment website is an on-line bill payment service (the “Service”) provided as a convenience to you by KITE and its affiliates.
Terms Governing Use of the Service.
Please read these terms and conditions (this “Agreement”) carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. KITE may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement. KITE has no obligation to notify users of the posting of a modified Agreement.
Payment for Services.
By submitting payments through the Service, you authorize KITE to process your payments according to your instructions. The details provided for entering information for making payment shall be true and supported by required documentary evidences and KITE shall not be responsible for any sort of lose and or damages incurred to you if any of your personal information is proved to be wrong. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the Service. You may use the Service only to authorize the payment of bills owing to KITE for the services rendered by KITE its affiliates. Payments that you authorize will be made from a bank or financial institution account (the “Transaction Account”) that you designate while using the online platform. It is your responsibility to establish and maintain the Transaction Account and to pay any and all fees associated with the Transaction Account. By accepting these Terms and Conditions, you represent and warrant to KITE that:
(i) you are 18 years old or older;
(ii) you are using your actual identity and any information you provide is accurate and complete;
(iii ) you are legally authorized to make payments using the Transaction Account; and
(iv) your use of the Service will not violate any local, state, national or international laws or regulations.
(v) You are not a Person who are “incompetent to contract” within the meaning of Indian contract Act 1872.
Time bound completion of payment.
By providing KITE with a payment authorization under the Service, you authorize KITE to charge the Transaction Account to remit funds on your behalf to pay your bills owed to KITE and or its affiliates. It is your responsibility to keep sufficient fund at your bank, make timely payment authorizations, so that the funds will arrive at KITE before the date on which they are due to be paid to KITE and or its affiliate. You should submit all payment authorizations to KITE at least three (3) business days before the actual due date for the bills (not the late date). A “business day” means any day other than Sunday, a Holiday declared for KITE or any other day on which banks in KERALA are not generally open for business. You shall bear the risk and the responsibility for paying any late charges or penalties resulting from the late receipt of any payment made under the Service. You are solely responsible to bear any fees, transaction charges, service charges statutory deductions by competent authorities and or whatsoever names its termed to be paid to the bank or any intermediary service provider appointed by Bank for completing this transaction. The payment to be effected to KITE and or its affiliates for the services rendered under this contract shall be excluding any charges as mentioned above.
Our Responsibilities.
KITE will use all reasonable efforts to process all your payment authorizations promptly and properly, provided the authorizations are actually received by KITE. KITE will not be responsible for any failure to process a payment authorization that is not actually and completely received by KITE for any reason, including user error, un-authorised by the user as per the stipulated time frame, equipment malfunction, natural disasters or impediments, or inaccurate or incomplete information.
In the event of any lose to the user due to the reasons attributable to KITE , KITE’s liability is limited to refund the amount supposed to be paid to KITE for the services expected to be received from KITE and or its affiliates. However, KITE shall not be responsible and shall not be liable for any of your losses if it is unable to complete a payment authorization initiated by you because of the existence of any one or more of the following circumstances:
b. Any reasons resulted in failure of transaction and or short or excess collection due to any error and or malfunctioning of the software of the bank and or their third-party service providers.
c. Circumstances beyond KITE’ control (such as, but not limited to, fire, flood, internet service interruptions, or interference from an outside force) prevent the proper transmission of your payment authorization.
d. KITE fails to receive a full and complete payment authorization.
e. You have made any false or materially misleading statement or representation in connection with any payment authorization.
f. The bank or financial institution maintaining the Transaction Account refuses or is unable to honor a payment request from KITE.
Banking Limitations.
In using the Service, you are requesting KITE to make payments for you from your designated Transaction Account. If your bank or financial institution is unable to process a transaction (for example, there are not sufficient funds in the Transaction Account to cover the transaction, or if funds in the account are unavailable for any reason), the transaction may not be completed. There may be limits or restrictions upon the number or frequency of payments that may be made from your Transaction Account under applicable law or under the terms of your agreement with the bank or financial institution maintaining the Transaction Account. KITE’ obligations under the Service are subject to any such limits or restrictions, and KITE has no duty to notify you of any such limits or restrictions.
No Additional Charges.
As a customer of the Service, you will not be charged by KITE for payment authorizations that you choose to send electronically.
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:
(ii).In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
(iii).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 No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
Cancellation Policy:
Once the User will be registered and paid the Fee through online Payment Gateway. He/she will not be able to cancel the transaction in any circumstances. No Payment will be refunded to the User.
Payment Refund Policy for Online Payments:
(ii) In case of any applicant found to have paid more fee than prescribed, due to technical reason and on receiving the communication from the said applicant, the said extra payment, if found, shall be refunded after verification from the accounts department
(iii) In case of any Payment Error, due to any network communication/connectivity problems, if your registration form does not get registered and the registration amount has been debited from your account, the same will be refunded back to your account after the reconciliation with Bank.In such cases candidates are advised to promptly inform us about the failed registration by sending an email to koolpayments@kite.kerala.gov.in by writing “REGISTRATION FEE REFUND” in the subject line and following information as per details given below.
Name of Candidate:
Registered Email Address:
Course Name :
Phone Number:
Transaction ID:
Transaction date:
Amount paid :
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 KITE with his/ her claim details and claim refund from the organization alone. Such refund (if any) shall be effected only by the organization via payment gateway or any other means as the organization 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.
Disclaimer Warranties.
KITE is providing the service “as is” without any warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. kite does not warrant that the service is error-free, or that access to and use of the service will be available or uninterrupted.
Limitation of Liability.
In no event shall KITE or any of its representatives or affiliates be liable for any punitive, incidental, indirect, special or consequential damages arising out of the delivery, performance, or use of the service, whether incurred by you or any third party, even if KITE or its representatives have been advised or may otherwise know of the possibility of such issues.
Assignment.
You may not assign this Agreement to any other party. KITE may assign this Agreement to any directly or indirectly affiliated company. KITE may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
General
This Agreement is governed and shall be construed in accordance with the laws of India, and also governed by relevant Guidelines of Reserve bank of India and relevant Acts and Rules pertaining to banking transactions in the Country. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between KITE and you concerning the Service and may only be amended as provided herein. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.
You should print.
You should print and retain this document for safekeeping and reference at any time during usage of the Service.
Your Agreement.
BY CLICKING FORWARD TO MAKE A PAYMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE AND ANY FUTURE AMENDMENTS TO THIS AGREEMENT WHICH MAY BE MADE FROM TIME TO TIME.