Terms & Conditions
The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Forza Enterprises Pvt Ltd through an online payment gateway service (“Service”) offered jointly by the banking partner and Payment Gateway Service provider.
Each User is therefore deemed to have read and accepted these Terms and Conditions.
By accessing and using Forza Enterprises Pvt Ltd website www.forzaenterprises.com.com or by downloading materials from the aforementioned website or using any of the services we offer, you agree to abide by the terms and conditions of use detailed below. If you do not agree to be bound by these terms and conditions of use, please refrain from using the website.
References to “we”, “us” or “our” throughout this Website (‘the Site’) pertains to Forza Enterprises which operates the Site. We reserve the right to modify these terms and conditions from time to time without any prior notice, after which the use of our website will be governed by that revised version. You are hence, recommended to check the terms and conditions on the website regularly. Keep in mind that the use of Forza’s services is also subject to, and controlled by, the Agreement subscribed to by the User, and the use of the website is also subject to the Privacy Policy notified on the website.
There is no charge imposed by us for accessing the Site but you are liable to pay the cost of the communications link you used to visit the Site. Access to the Site may be suspended, restricted, or terminated at any time. We cannot guarantee that the Site will be error-free and we are not to be held liable for unavailability of the same. The content of the pages on the website are for general information and use only. It is subject to change without notice.
Neither Forza nor any third party provide any warranty or guarantee to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose.
Forza shall not be in any way liable for any inaccuracy, error, defect, or fault related to the information and materials found or offered on the website.
The use of any information or materials on the website is entirely at User’s own risk, for which Forza shall not be liable.
It shall be User’s responsibility to ensure that any product, service or information available through the website meets the User’s requirements. Unauthorized use of the website may give rise to claim for damages and/or it will be a criminal offense punishable under the applicable penal law.
Any legal action or proceedings related to or arising out of this Terms and Conditions shall be settled in the courts and/or tribunals in Chennai, Tamil Nadu, India.
Intellectual Property
All rights related to the Site design, text, graphics, and other content, the selection and arrangements are licensed to FORZA ENTERPRISES. The content of this website is protected by Indian and international copyright laws and other intellectual property rights.
All company names and logos mentioned in this website are the trademarks, service-marks, or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the website or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
Forza Enterprises respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by e-mail.
Access to Password Protected Areas
Access to and use of specific areas of this website requiring a password is restricted to authorized users only. These areas are regulated by a separate legal agreement between Forza and the user. Unauthorized access will be prosecuted.
Applicability of Materials
We have done our best to ensure that our website complies with international laws. However, we make no representations that the materials on our website are appropriate or available for use in all international locations. Those who visit our website from other locations do so, on their initiative and are responsible to comply with all applicable laws.
If you use our website, browse it or use any material or content or services offered through our website violating any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately.
Confidentiality
We understand the importance of confidentiality to the successful planning, establishment, and running of your business. Therefore, we will not use, divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of any customer, prospective customer, or supplier of Forza, or any of our international distributors.
All of us shall endeavour our best to prevent the publication or disclosure of any confidential information concerning such matters.
General Terms and Conditions for Online-Payments
- Forza Enterprises 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 Forza Enterprises 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 us 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 Forza Enterprises Pvt Ltd.
- 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.
- These Terms and Conditions constitute the entire agreement between the User and Forza Enterprises. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Forza Enterprises.
- 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.
- The entries in the books of FORZA ENTERPRISES and/or the Payment Service Providers kept in the ordinary course of business of FORZA ENTERPRISES 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.
- 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 FORZA ENTERPRISES with his/ her claim details and claim refund from FORZA ENTERPRISES alone. Such refund (if any) shall be effected only by FORZA ENTERPRISES via payment gateway or by means of a demand draft or such other means as FORZA ENTERPRISES 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 FORZA ENTERPRISES 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 FORZA ENTERPRISES alone in line with their policies and rules.
- 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:
- In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact FORZA ENTERPRISES via e-mail or any other mode of contact as provided by FORZA ENTERPRISES to confirm payment.
- In 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).
- Limitation of Liability – FORZA ENTERPRISES has made this Service available to the User as a matter of convenience. FORZA ENTERPRISES 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 FORZA ENTERPRISES reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
- FORZA ENTERPRISES and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of
- any data, information or message, or
- the transmission or delivery of any such data, information or message; or
- 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 FORZA ENTERPRISES 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.
- FORZA ENTERPRISES 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.
- The User shall indemnify and hold harmless the Payment Service Provider(s) and FORZA ENTERPRISES 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 FORZA ENTERPRISES 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 FORZA ENTERPRISES ‟s reasonable control.D.
- Miscellaneous Conditions :
- Any waiver of any rights available to FORZA ENTERPRISES under these Terms and Conditions shall not mean that those rights are automatically waived.
- 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 FORZA ENTERPRISES or the Payment Service Provider(s) have no control over such matters.
- Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, FORZA ENTERPRISES 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.
- FORZA ENTERPRISES, 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.
- 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 FORZA ENTERPRISES 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 FORZA ENTERPRISES 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 FORZA ENTERPRISES 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.
- Debit/Credit Card, Bank Account Details – 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.
- The User may pay his/ her dues to FORZA ENTERPRISES by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates apayment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
- The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions; The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- 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.
- 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. G.
- The User may pay his/ her dues to FORZA ENTERPRISES by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates apayment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
- Personal Information – The User agrees that, to the extent required or permitted by law, FORZA ENTERPRISES 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. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to FORZA ENTERPRISES. The User agrees to be contacted via e-mail on such mails initiated by him/ her. In addition to the information already in the possession of FORZA ENTERPRISES and/ or the Payment Service Provider(s), FORZA ENTERPRISES may have collected similar information from the User in the past. By entering the Website the User consents to the terms of FORZA ENTERPRISES ‟s information privacy policy and to FORZA ENTERPRISES ‟s continued use of previously collected information.
- By submitting the User‟s personal information to FORZA ENTERPRISES, 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.
- Payment Gateway Disclaimer – The Service is provided in order to facilitate access to view and pay dues online. FORZA ENTERPRISES 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.