Terms & Conditions for using Gateway Online Payment facility at the DLF CLUB5 Website (www.dlfclub5.com).
The terms and conditions set out below (hereinafter referred to as the “Conditions”) apply to your use of this web site and related websites (hereinafter collectively referred to as the “Site”), including the use of the information services offered on the Site.
User /”You” mean and include you and/or any person or an entity including using or accessing the services provided on this Site.
In accessing and using the Site, you agree to be bound by the following conditions and as such you may carefully read the same before proceeding to use and access the Site. If you do not accept the Conditions, you must refrain from using the Site.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
The Conditions must be read in conjunction with any other documents and applicable terms and conditions governing the use of the Site.
The Site provide information relating to DLF CLUB 5 managed by DLF RECREATIONAL FOUNDATION LTD (hereinafter CLUB5), a company registered under the laws of India.
2. Credit or Debit Card – Processing through Payment Gateways
1. Pay your DLF Club 5 bills online
2. Enter your valid card details while making a payment
3. Privacy Statement
CLUB5 is committed to providing you with the highest levels of customer service. This includes protecting your privacy. This privacy statement sets out the approach of CLUB5 in relation to the treatment of your personal information. It includes information on how CLUB5 collects, uses, discloses and keeps secure, individuals’ personal information.
Your Personal Information
Personal Information” is any data that identifies you. The personal information given to us is presumed to be true, complete and accurate in all respects and you agree to notify us immediately of any changes to that. Personal information held by CLUB5 may include your name, date of birth, current and previous addresses, telephone/mobile phone number, email address, bank account or credit card details, occupation, driving licence number and your CLUB5 PIN, username or password. CLUB5 also holds details of your CLUB5 account.
How do we use the personal information:-
To avail of and use the Services you will have to register with CLUB5 with detail of your information like email-id, name, mob/Tele No, date of birth etc. and then you have the option to make online payment. As a part of registration process you agree to provide credit card/Debit card details etc. You agree, understand and confirm that the credit/debit card details provided by you for availing of services offered by CLUB5 will be correct and accurate and you shall not use the credit/debit card which is not lawfully owned by you. You represent that you have valid rights and title in any and all Contents/Credit or debit Card details that you submit on the Site, that you have not infringed on any right over the same belonging to any party and further that you will indemnify CLUB5 or its affiliates for all claims arising out of any content/Credit or Debit Card details that you post on the Site. You further agree and undertake to provide the correct and valid credit/debit card details to CLUB5. CLUB5 will not be liable for any credit/debit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
You acknowledge and agree that CLUB5 may preserve Content and the said information will not be utilized and shared or disclosed by CLUB5 with any third party unless required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, law, regulation or court order;
(b) enforce the Terms and Conditions of this agreement;
(c) respond to claims that any Content/ credit or debit card details violates the rights of third-parties;
(d) respond to your requests for customer service; or Charges:
Your personal information may be used to:
Verify your identity
Administer and manage those services, including charging, billing and collecting debts
Conduct appropriate checks for credit-worthiness
To obtain and understand your communication needs for CLUB5 to provide you a better service
We, however, assure that CLUB5 does not disclose your personal information to any other Cellular Service Providers, Banks, Credit Card companies etc. or their agents, affiliates which may lead to invasion of your privacy.
CLUB5 reserves the right to amend or modify this privacy statement at any time without notice and in response to changes in privacy legislation. CLUB5 is committed to protect your privacy. However, if necessary, we may require this information for only legal matters as and when so required. However, we shall not be held responsible in any manner whatsoever for any violation or misuse of yourpersonal information by unauthorized persons consequent to misuse of the internet environment.
By using CLUB5’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of sites. We reserve the right, to modify this Privacy Statement at any time.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and CLUB5 and you shall have no authority to bind CLUB5 in any manner, whatsoever.
4. Specific Warnings
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you will be responsible for ensuring your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For removal of any doubt, CLUB5 will not be responsible for any interference or damage to your own computer system which may arise or happens due to use of the Site or any Linked Web Site.
CLUB5 does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties in any manner whatsoever. You shall be solely responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to CLUB5 is accurate in all manner and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of CLUB5 or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any CLUB5 system, data or information.
5. Changes To Rules And Regulations
6. Refund Policy
Refunds will be made within 30 calendar days of your request subject to the following: At written request to the CLUB5. Return the original Receipt issued to you by the CLUB5. CLUB5 can only pay refunds without any interest to the person or company from whom the funds originated. The refund is not applicable on the overpaid bills however the same will be adjusted in the next transaction/ bill.
7. Dispute Resolution
All or any dispute arising out of or touching upon or in relation to the Conditions including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussions failing which the same shall be settled through arbitration. The arbitration shall be governed
by the Arbitration & Conciliation Act, 1996 or any statutory amendments/ modifications thereto for the time being in force. The arbitration proceedings shall be held at appropriate location in Gurgaon (Haryana) by a sole arbitrator who shall be appointed by the CLUB5 and whose decision shall be final and binding upon the parties. You hereby confirm that you shall have no objection to this appointment even if the person so appointed, as the Arbitrator, is an employee or advocate of the CLUB5 or is otherwise connected to CLUB5 and you confirm that notwithstanding such relationship/connection, you shall have no doubts as to the independence or impartiality of the said arbitrator.
8. Governing Law & Jurisdiction
These Conditions are governed by the laws in force in India and you agree to submit to the exclusive jurisdiction of the courts at Gurgaon and High Court of Punjab & Haryana at Chandigarh.
9. Payment Gateway Terms
a) For every successful transaction the credit will reflect in your account with CLUB5 by three working days. The actual time taken to credit depends on the time taken by your bank to process the payment. However CLUB5 shall not be responsible for any charges /commission of any kind levied / charged by the originating bank.
b) A facility charges on transaction amount will be charged by Billdesk for every successful transaction. This facility charges plus applicable taxes will be debited to your card / bank account.
You will ensure that no damage is caused to CLUB5 in any manner whatsoever. In case any damage is caused to CLUB5 attributable to your mis-use and/or illegal use of the Site, you undertake to indemnify/compensate CLUB5 fully in respect of such losses/damages/claim(s)/demand(s). You will also exclusively liable for all fines / penalties / punishments etc. for violating the Conditions and/or any law relating to use of the Sites for the time being in force and you will keep CLUB5 indemnified and harmless in this regard.
CLUB5 shall have no liability to you for any interruption or delay in access to the Site AND service irrespective of the nature of the cause.
Waiver and Severability
The failure of CLUB5 to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”