The Terms and Conditions contained herein shall apply to any person (“User”) using the services of
GRACE FOUNDATION for making OCMMS payments through an online
payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. and Payment Gateway Service
provider, through Grace Foundation's website i.e. www.FUNDANDBUILDOURCHURCH.COM Each User is therefore deemed to have
read and accepted these Terms and Conditions.
B. General Terms and Conditions For Online-Payments
1. Once a User has accepted these Terms and Conditions, he/ she may register and avail the
Services. A User may either register on Grace Foundation’s website or alternatively enter his/ her details
and pay their dues in any other manner as may be specified by GRACE FOUNDATION from time to time.
2. Grace Foundation'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 Grace Foundation'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 GRACE FOUNDATION 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 Grace Foundation.
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superseded by a valid, enforceable provision that most closely matches the intent of the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.
4. These Terms and Conditions constitute the entire agreement between the User and Grace Foundation.
These Terms and Conditions supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the User and Grace Foundation. 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.
5. The entries in the books of GRACE FOUNDATION and/or the Payment Service Providers kept in the ordinary
course of business of GRACE FOUNDATION 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.
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 GRACE FOUNDATION with his/ her
claim details and claim refund from GRACE FOUNDATION alone. Such refund (if any) shall be effected only
by GRACE FOUNDATION via payment gateway or by means of a demand draft or such other means as
GRACE FOUNDATION 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.
7. 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.
8. Refund for fraudulent/duplicate transaction(s): The User shall directly contact GRACE FOUNDATION 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 GRACE FOUNDATION alone in line with their
policies and rules.
9. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s web
page, 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:
(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment
twice and immediately thereafter contact GRACE FOUNDATION via e-mail or any other mode of
contact as provided by GRACE FOUNDATION to confirm payment.
(ii)n case the Bank Account is not debited, the User may initiate a fresh transaction to make
payment.
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).
C. Limitation of Liability
1. GRACE FOUNDATION has made this Service available to the User as a matter of convenience. GRACE FOUNDATION
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
GRACE FOUNDATION reserves the right to terminate the rights to use of the Service immediately without
giving any prior notice thereof.
2. GRACE FOUNDATION and/or the Payment 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 GRACE FOUNDATION and/or
the Payment 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.
3. GRACE FOUNDATION and the Payment Service Provider(s) assume no liability whatsoever for any monetary
or other damage suffered by the User on account of:
(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
(ii) any interruption or errors in the operation of the Payment Gateway.
4. The User shall indemnify and hold harmless the Payment Service Provider(s) and GRACE FOUNDATION 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.
5. The User agrees that GRACE FOUNDATION 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 Grace Foundation’s reasonable control.
D. Miscellaneous Conditions :
1. Any waiver of any rights available to GRACE FOUNDATION under these Terms and Conditions shall not
mean that those rights are automatically waived.
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 GRACE FOUNDATION or the Payment Service
Provider(s) have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of
any information transmitted by the User, GRACE FOUNDATION 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.
4. Grace Foundation, the Payment 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.
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 GRACE FOUNDATION on the Website. By accepting these Terms and
Conditions the User agrees 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;
5.i. Choose a new password, whenever required for security reasons.
5.ii. Keep his/ her User ID & Password strictly confidential.
5.iii. Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that GRACE FOUNDATION 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 GRACE FOUNDATION 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.
E. Debit/Credit Card, Bank Account Details
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.
2. The User may pay his/ her dues to GRACE FOUNDATION 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:
i. The User is fully and lawfully entitled to use such credit / debit card, bank account for
such transactions;
ii. The User is responsible to ensure that the card/ bank account details provided by him/
her are accurate;
iii. The User is authorizing debit of the nominated card/ bank account for the payment of dues
selected by such User along with the applicable Fees.
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.
F. Personal Information
1. The User agrees that, to the extent required or permitted by law, GRACE FOUNDATION and/ or the Payment
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.
2. The User agrees that any communication sent by the User vide e-mail, shall imply release of
information therein/ therewith to Grace Foundation. The User agrees to be contacted via e-mail on such
mails initiated by him/ her.
3. In addition to the information already in the possession of GRACE FOUNDATION and/ or the Payment
Service Provider(s), GRACE FOUNDATION may have collected similar information from the User in the past.
By entering the Website the User consents to the terms of Grace Foundation’s information privacy policy
and to FUNDANDBUILDOURCHURCH’s continued use of previously collected information. By submitting the User’s
personal information to Grace Foundation, the User will be treated as having given his/her permission for
the processing of the User’s personal data as set out herein.
4. The User acknowledges and agrees that his/ her information will be managed in accordance
with the laws for the time in force.
G. Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay dues online. GRACE FOUNDATION or
the Payment 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.