Service Subscription Cancellation & Refund Policy//Academy has agreed to avail services of Funngage on following Payment terms:
1. All Payments under this Agreement shall be subject to deduction of tax at source (TDS), if applicable and Indirect taxes/levies including GST shall be levied over and above the agreed commercials to the extent applicable;
2. Academy shall ensure payment of commercials to Funngage as specified in Proposal shared.
3. End User or the Academy must pay the Charges by debit card,credit card, direct debit, bank transfer or cheque.
4. If the End User does not pay any amount properly due to Funngage through mutually agreed means of payment under this Agreement, Funngage
- a. Bill the Academy for the services provided to the End User or
- b. Stop/Suspend Services to the relevant End User
5. Academy shall be responsible to pay the amounts charged back to Funngage on account of services rendered by Funngage to such End User unless Academy can demonstrate to the satisfaction of Funngage that the claim of charge back has been made on account of problems/issues with rendering of services by Funngage;
6. Both parties agree that payments made in respect of any order which Academy’s Enduser or anyone else disputes as a transaction not done by payer or delivery of services not received by Academy or the allegation that Transaction has been done by unknown persons which is disputed by Enduser or payer or a charge/debit arising out of any alleged hacking, phishing, breach of security/ encryption of the end user’s Login/Password or debit card number or PIN has arisen and a request for Chargeback/refund has been made by the Enduser of Academy or payer then it is agreed by both the Parties herein that Academy shall provide proof of delivery of service to the Enduser and shall make adjustment to the Enduser bill and if needed shall refund amount to Funngage. Funngage shall refund such amount to the Enduser/ payer or anyone disputing the Transaction.
7. Academy agrees that payment made in respect of any Order, which proves to be uncollectible from the Enduser and/or in respect of which the Issuing Bank raises a claim on Funngage or the Facility Providers or the Participating Banks, shall be the financial responsibility of Academy and it shall be payable entirely by Academy to Funngage, Facility Providers or Participating Banks, as the case may be. Academy agrees to the non-payment of such Order or the charging back of such uncollectible charge as the case may be without any demur or protest, dispute or delay by Funngage.
8. Without prejudice to the aforesaid provisions, the following payments shall be deemed to be uncollectible:
- a. Any payments involving the alleged forgery of the Enduser’s Card Number and PIN, or that of the Card Number, Card Expiry date, Enduser Name,Transaction amount, etc. of whatsoever nature. In such an event, Funngage,the Facility Providers and the Participating Banks shall not be required to check the veracity of any alleged fraud and shall be entitled to rely upon the allegation made by the Enduser.
- b. Any payment, which the Enduser refuses to honour or demands a refund of because the Product/services purchased from Academy was not as they were promised or were defective, deficient, incomplete and/or unsatisfactory for any reason whatsoever.
- c. Any charge/debit, which is a suspect charge.
- d. Any charge/debit made on a card other than a Valid Card.
- e. Any charge/debit for merchandise or services in an amount in excess of the Price.
- f. Any charge/debit for undelivered merchandise or services.
- g. Any charge / debit arising out of any alleged hacking, breach of security or encryption (if any) that may be utilized by Funngage, the facility providers and the Participating Banks from time to time.
9. Academy hereby authorises Funngage to appropriate Academy’s current balance amounts with Funngage to the extent of the aforesaid uncollectible amounts and any other moneys due to Funngage by Academy in terms of this Agreement in respect of a Enduser Charge without any demur, protest, dispute or delay. If there is insufficient funds available therein; Academy shall on receipt of the e-mail from Funngage and/ or claim from Funngage undertakes forthwith without any demur, protest, dispute or delay, to pay to Funngage, the amount of the dispute / refund to the extent to which such funds proves inadequate. Without prejudice to any other of Funngage’s rights and remedies, in the event that Academy does not make any payment to Funngage by its due date or on demand as required under this Agreement, Funngage shall be entitled to charge daily interest on such overdue amount from the due date of demand (as the case may be) until the date of payment in full, at the rate of 1% per month.
10. Funngage shall intimate Academy about any chargeback immediately upon receiving the intimation from the Bank/concerned authorities. It is agreed by Academy that the supporting documents in respect of a Enduser chargeback including but not limited to proof of delivery of goods/services will be provided by Academy to Funngage within 4 days of intimation of such chargeback received from Funngage or within the time line as provided by the bank/concerned authorities whichever is earlier. In case of non submission of the above said supporting documents within the timelines prescribes as above, the amount in respect of such charge back shall be debited from the account of Academy by Funngage and no claim of Academy shall be entertained in this respect. In case required Academy shall share this information directly with the bank.
11. Both Parties hereby agree upon the amount that Funngage shall be entitled to withhold from out of the settlement amounts payable to Academy in terms of this Agreement to facilitate the settlement and resolution of any Chargeback related issues arising out of any Transactions done under this Agreement.
12. These amounts shall be withheld for such period as may be then prevailing in respect of the time-period allowed to Endusers for initiating a Chargeback under the Card Association guidelines or the Reserve Bank of India for resolution of such disputes as advised by Payment gateway service provider to the Funngage.
13. If there are reasonable grounds to suspect that a Transaction conducted has been conducted in breach of this Agreement or as a fraudulent transaction, against the Payment Gateway or any third party service provider by any Enduser, Funngage shall be entitled to suspend / withhold the payments of such Transaction(s) to the Academy, pending enquiries by the Participating Bank and resolution of such issues. Provided further that:
- a. If settlement has already been made to Academy for an fraudulent or disputed transaction, the resolution for the same shall be done in accordance with the applicable guidelines laid down by the Card Associations or Reserve Bank of India if any for resolution of such disputes;
- b. If the resolution of the fraudulent or disputed transaction, results in a Chargeback of such Transaction, the Transaction Amount shall be adjusted from the settlement amount due to and being remitted to Academy, in the manner provided in this Agreement.
- c. If there are insufficient funds available for such recovery, Funngage shall make a claim on the Academy for such Transaction Amount; which, Academy on receipt of the claim from Funngage undertakes to pay to Funngage with two (2) days of the receipt of the claim from Funngage.
Funngage PowerPlayer Open Trail - Cancellation and Refund Policies
Any participant, who has registered into FG PowerPlayer and has paid the registration fee for the talent search, is free to ask for the refund as long as the trial slot hasn't been allocated to the particular participant seeking refund.
Trial allocation is deemed confirmed when Funngage Team confirms the Trial Day or Date or Venue or Time through the notifications shared with the particular participant on www.funngage.com or on Funngage's Android or iOS mobile applications or via SMS / WhatsApp / Messenger or any other form of electronic message or a telephonic call.
No cancellation or refund request will be entertained post allocation and confirmation of Trial Slot to any registered participant.
The final refund will be processed only after statutory dues as stipulated under any law or government rules and regulations for the time being in force, have been adjusted from the refund amount.
In case the Trial gets cancelled for any reason beyond the control of Funngage, registration fee will be refunded after adjustment of statutory dues as stipulated under any law or government rules and regulations for the time being in force.
The registered applicant will have to request for the refund by an e-mail citing the cancelled Trial along with his TAN Number, date and screenshot of his Trial Allocation Notification.’
The registered participant will also have to enclose a copy of his ID Proof mentioning his/her Date of Birth.
All refund requests will be considered only when an e-mail is sent at firstname.lastname@example.org. No verbal/telephonic/ SMS/WhatsApp/Messenger or any other form of electronic message will be acknowledged.
If the registered participant fails in any of the eligibility test(s) post audit, no fee will be refunded.
Dispute relating to the refund policy if any, shall be subject to the exclusive jurisdiction the courts at New Delhi.