Please read the following terms and conditions carefully before registering, accessing, browsing, or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services. Your Agreement to these Terms and Conditions for availing Service The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an institution, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Eloit Innovations Pvt. Ltd. (Eloit) having its registered office at NRI- TBI, Thapasya, Infopark, Cochin, Kerala 682030. All services are rendered by Eloit through its platform under the brand name ‘InstantFee.com’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Eloit(together with its subsidiaries and other affiliates, “us”, “We” or “InstantFee”).
Regarding your use of our service for online fee payment for educational institutions or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. InstantFee reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by InstantFee. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. InstantFee reserve the right to charge and recover from the User, fees for availing the Services. These charges shall be effective from the time. InstantFee Subscribing Institutions are posted on to the InstantFee Website through which you are availing the Service.
You are bound by revisions in the policies of InstantFee and should therefore visit the InstantFee Website through which you are availing the Service to review the current fees from time to time.
In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, InstantFee shall be entitled to charge and recover from you and you shall be liable to pay such charges to the by InstantFee.
In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail.
You understand that except for information, products or services clearly indicated as being supplied by the InstantFee, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that InstantFee cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
All fee payments are final with no refund permitted. You are responsible for choosing the right school, student, right payment accounts and making correct payment. InstantFee is not responsible for any incorrect fee payments to wrong school, for wrong student and for wrong item.
However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and you notify that the payment is not been delivered credited to the respective student account, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the school name, admission number, mobile number, transaction amount, Transaction date and Transaction Reference Number. InstantFee shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivering the required Service, then you will be refunded the money within 21 working days from the date of receipt of your email or the same amount will be credited to the respective student account. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.
Refund request on any transaction made through InstantFee has to be raised by the Institution under which the payment was made. The Institution alone holds the right to request a refund for the transaction made under its account. If a customer is unsatisfied with the payment that he or she has made, then he has to take a copy of the receipt of Transaction to the Institution towards which the payment was made, and ask them to initiate a Refund request.
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 InstantFee with his/ her claim details and claim refund from InstantFee alone. Such refund (if any) shall be effected only by InstantFee via payment gateway or by means of a demand draft or such other means as InstantFee 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.
In these Terms and Conditions, the term "Charge Back" shall mean, approved and settled credit card 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.
Refund for fraudulent/duplicate transaction(s): The User shall directly contact InstantFee for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by InstantFee alone in line with their policies and rules.
Transaction fee charges would not be refunded/ reversed under any circumstances for any refund/ reversal / chargeback and any other reasons.
Transaction fees charged would be borne by cardholder for any payment
Admission /Application fees once paid which are non-refundable for any reason
The Service is provided in order to facilitate access to view and pay fee online. InstantFee 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.
Transaction fee charges would not be refunded/ reversed under any circumstances for any refund/ reversal /chargeback and any other reasons.
Transaction fees charged would be borne by cardholder for any payment
You agree that InstantFee, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile (parent and student details), at any time. InstantFee may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that InstantFee will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies InstantFee may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
In no event will InstantFee or its contractors, agents, licensors, partners, suppliers 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, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if InstantFee or a InstantFee authorized representative has been advised of the possibility of such damages.
In no event will InstantFee or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with InstantFee, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Hundred Rupees (Rs.100), whichever is less.
You acknowledge and agree that InstantFee has offered its 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 InstantFee, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and InstantFee. InstantFee would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, InstantFee liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold InstantFee, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. InstantFee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify InstantFee, including rights to settle, and you agree to cooperate with InstantFee’s defense and settlement of these claims. InstantFee will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, InstantFee and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from InstantFee or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “InstantFee” includes InstantFee’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that InstantFee is a mediator between academic institutions and parent/students to collect and pay fees online and a reseller of payment gateways for this sole purpose and is not liable for any 3rd party obligations due to rates, quality, and all other instances, whether to any such 3rd party’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. InstantFee, and its third party suppliers, licensors, and partners do not warrant that the data, InstantFee software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. InstantFee and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will InstantFee be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
The Services and the Site are owned and operated by Eloit Innovations Pvt. Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by InstantFee (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and InstantFee, all Materials, trademarks, service marks, and trade names contained on the Site are the property of InstantFee and/or third party licensors or suppliers. You agree not to remove, obscure, or alter InstantFee or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by InstantFee, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. InstantFee reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to InstantFee, and shall assign to InstantFee, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
InstantFee reserves the right to change, modify, add, or remove portions of this terms and conditions (each, a “change”) at any time with or without notice. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, InstantFee may be required under applicable law to give you advance notice, and InstantFee will comply with such requirements.
InstantFee may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to InstantFee must be sent by courier or registered mail to Eloit Innovations Pvt. Ltd. NRI.TBI Thapasya, Infopark, Kochi, Kerala – 682030, India
The failure of InstantFee to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by InstantFee.
These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the High Court of Kerala shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.
InstantFee may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim 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 arbitration shall be conducted in Kerala, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Kerala, India, necessary to protect the rights or the property of you or InstantFee (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against InstantFee must be resolved by a court located in Kerala, India. You agree to submit to the personal jurisdiction of the courts located within Kerala, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the InstantFee Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER ELOIT, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
The customer has the right to register his complaint if he is not satisfied with the services or finds attitudinal deficiencies when dealing with agents/ staff or finds system errors or sees gaps between standards of service promised and actual service rendered by the company. This mechanism is exclusively dedicated for customer complaint redressal.
Acknowledgement of Grievances & redress on Complaints:
CSD will acknowledge the grievance immediately on the receipt of complaint and initiate action to have the grievance resolved within a maximum period of three weeks on extraordinary cases with auto reply in either cases.
The customer will also be kept informed of the action taken, the progress while redressing grievances, and/or, the reasons for delay if any, in redressing.
Complaints received by e-mail shall be acknowledged by an immediate system generated response or via individual emails to the extent possible.
The follow up action taken in respect of such complaints shall be advised to customers by e-mail.