Unless otherwise defined, all capitalized terms used in this refund policy ("Refund Policy") shall have the meaning given to them in the Member(Gold or Silver)/ Guest Agreement ("Agreement") executed by You and the respective Terms of Service (TOS).
In addition to acceptance of the terms and conditions provided for under the Agreement, the TOS for a particular Service and Amendments that may be made from time to time, You are required to accept the terms and conditions contained in this Refund Policy to avail of any Service through www.saharacarehouse.com. All terms and conditions of the Agreement are incorporated by reference in this Refund Policy and shall be deemed to be a part of this Refund Policy.
You or SCH may cancel Agreement with or without reasons at any time to be effective immediately. The Agreement may be terminated by either You or SCH through a written notice to the other.
(1)Any Refund of the Advance against Services of the Gold Member will be governed by this Refund Policy, which is as follows:
In case of Gold Member,advance notice of One month is required to seek Refund. The Refund will be made after deduction of Service Charges, Service Tax and Service Provider Charges on services already rendered and a cancellation charge of 10% or USD 25 whichever is higher of the available balance at the time of request for cancellation. There shall be no refund of the Documentation/ Processing fee charged from the Silver Member/s at the time of registration on any account whatsoever.
The balance amount after these deductions will be refunded subject to RBI Rules and FEMA Guidelines
(2)In case of Services / product, the following Cancellation and Refund Policy shall apply subject to TOS of respective service. It is clarified that no request for cancellation, modification or refund shall be entertained against the products ordered under the relationship service vertical.
In case of services, when Vendor accepts your order after review, it becomes a confirmed order. Confirmed orders can be cancelled only on request. The service fee on such orders will not be refundable, but any task fee or quote amount paid will be refunded after deduction of costs already incurred in executing your task. The decision of the company will be final and binding on this matter.
Some of the services are governed by their separate Cancellation and Refund Policy specified in the Individual Services which case the latter will apply.
(3)SCH may update or modify this Refund Policy from time to time. Such modifications shall be reflected in the Amendments posted on www.saharacarehouse.com from time to time.
(4)SCH may change this Refund Policy, if applicable RBI guidelines or FEMA rule change. In both cases it shall be deemed that you have accepted this Policy.
(5) You acknowledge that You have read this Refund Policy and agree to all its terms and conditions. You have also independently evaluated the desirability of availing the services / products as a Client / Guest and are not relying on any representation, guarantee or statement(s) other than as set out in this Refund Policy.
ARBITRATION
Any dispute or controversy arising out of or concerned with the TOS shall be referred for adjudication to a Sole Arbitrator to be appointed by SAHARA SERVICE LTD the said Sole Arbitrator may be an employee or ex-employee of SAHARA SERVICE LTD or any of its sister/associates concern(s). You hereby approves of and grants your consent to this .The Sole Arbitrator shall follow the procedure as provided for in the (Indian) Arbitration & Conciliation Act,1996 as amended from time to time and the award by the Sole Arbitrator shall be final & binding upon the parties. The seat of Sole Arbitrator shall be at Gurgaon, Haryana(India) and all proceedings shall be conducted in English.
GOVERNING LAW AND JURISDICTION
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This TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of law principles. |
| 2 |
Subject to the Arbitration Clause above, the Courts of competent jurisdiction at Gurgaon, Haryana(India) only shall have exclusive jurisdiction over the subject matter. |
| 3 |
If any provisions(s) of this TOS is held by a court of competent jurisdiction to be contrary to applicable law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. |
| 4 |
SCH's failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SCH in writing. |
| 5 |
The section titles in this TOS are solely used for the convenience of the parties and shall not be taken into account for the purposes of interpretation or construction. |
| 6 |
If any term or provision of this Agreement or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be, held invalid. |
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