Cancellations & Refund Policy
Platform: hisaabwala.org Operator: Simply Five Studio, a sole proprietorship of Mr. Mohamed Jamnagarwala Principal place of business: 22 Josier Street, Nungambakkam, Chennai 600034, Tamil Nadu, India GSTIN: 33DCGPM7210H1ZT Contact / Grievance Officer: Mr. Mohamed Jamnagarwala, [email protected]
Version: 1.0 Effective Date: 26 July 2026 Last Reviewed: 26 July 2026
PREAMBLE
This Cancellations & Refund Policy ("Policy") forms an integral and inseparable part of the Terms & Conditions and must be read together with them, with the Privacy Policy and with the Cookies & Data notice. Capitalised terms not defined here bear the meanings given in the Terms & Conditions. In the event of any inconsistency, the provision more protective of the Operator shall prevail.
This Policy is published in compliance with the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, the Information Technology Act, 2000, and all other Applicable Law, and is an electronic record requiring no physical or digital signature.
HEADLINE POSITION: READ BEFORE YOU PAY
ALL PAYMENTS MADE ON OR IN RESPECT OF THE PLATFORM ARE FINAL, ABSOLUTE AND STRICTLY NON-REFUNDABLE, IN WHOLE AND IN PART, UNDER EVERY CIRCUMSTANCE WHATSOEVER.
THERE IS NO REFUND. THERE IS NO PARTIAL REFUND. THERE IS NO PRO-RATA REFUND. THERE IS NO CREDIT. THERE IS NO ADJUSTMENT. THERE IS NO SET-OFF. THERE IS NO CARRY-FORWARD. THERE IS NO TRANSFER. THERE IS NO EXTENSION. THERE IS NO ENCASHMENT. THERE IS NO COMPENSATION.
CANCELLATION STOPS FUTURE RENEWAL ONLY. IT NEVER GIVES RISE TO ANY REFUND FOR THE CURRENT OR ANY PAST SUBSCRIPTION TERM.
IF YOU ARE NOT PREPARED TO ACCEPT THIS, DO NOT SIGN UP AND DO NOT MAKE ANY PAYMENT. YOUR DECISION TO PAY IS YOUR UNCONDITIONAL AND IRREVOCABLE ACCEPTANCE OF THIS POLICY.
1. NATURE OF WHAT YOU ARE PURCHASING
1.1 A Right of Access, Not a Deliverable
1.1.1 The Platform is a self-sign-up, self-service Software-as-a-Service application. What You purchase is a licence of access to hosted software for a Subscription Term that You voluntarily, freely and knowingly select at the time of sign-up or renewal. You do not purchase any goods, any physical article, any deliverable, any work product, any professional service, any assurance, any outcome, any result or any advice.
1.1.2 Access is provisioned, delivered and made available instantaneously and in full upon confirmation of payment. The supply is therefore complete, exhausted and irreversible at the moment of activation, and the service is by its very nature incapable of return, restitution, restoration, reversal, recall or re-supply.
1.1.3 The Operator commits infrastructure, storage, bandwidth, licence entitlements, provisioning capacity, monitoring and support capacity for the entire Subscription Term at the moment of activation, irrespective of whether You subsequently use the Platform for one minute or for the whole Term. That cost is incurred by the Operator immediately and is not recoverable by the Operator.
1.2 What the Platform Is Not
The Platform is a data-entry and data-processing utility only. It is NOT compliance software, regulatory software, accounting software, book-keeping software, audit software or taxation software. It is NOT associated with, approved by, backed by, linked to, integrated with or endorsed by GST, any Government, any Governmental Authority, any regulator, any professional institute or any official portal. No Output is an official, statutory, evidentiary or authoritative record of any business transaction, invoice, e-invoice, book of account, ledger, financial statement, audit record or compliance document. Clause 2 of the Terms & Conditions applies in full to this Policy.
Accordingly, no claim for refund, credit, damages or compensation can ever be founded on an assertion that the Platform, any Module or any Output was not adequate, suitable, sufficient, compliant or fit for any compliance, statutory, regulatory, taxation, accounting, audit, evidentiary or professional purpose. No such adequacy, suitability, sufficiency, compliance or fitness was ever represented, warranted, offered, implied or bargained for, and the Subscription Fee was never paid for it.
1.3 Voluntary Selection of the Subscription Term
1.3.1 The Subscription Term is selected entirely by You, of Your own free volition and unfettered discretion, from among the options displayed at the time of purchase. The Operator does not solicit, canvass, recommend, advise, prescribe, urge or influence the selection of any Term, any plan or any Module.
1.3.2 By selecting a longer Term, You obtain the pricing applicable to that Term. That pricing is expressly and materially conditioned upon the Term being non-cancellable, non-shortenable, non-pausable, non-convertible, non-transferable and non-refundable. You acknowledge that You had the free choice of a shorter Term and elected not to take it.
1.3.3 You acknowledge that no representation was ever made, by any means or by any person, that a Subscription Term could be shortened, cancelled mid-term with refund, paused, frozen, suspended, banked, converted, downgraded with refund, exchanged, transferred or pro-rated.
1.4 Every Module Is Your Own Choice
The enabling, configuration, adoption, retention and use of every Module, field, option, setting, template, rate, formula, tag, category and label is entirely at Your own volition, discretion, independent judgment and sole risk, in accordance with Clause 2.5 of the Terms & Conditions. No refund, credit or adjustment shall ever arise because a Module did not meet Your expectations, assumptions, preferences, workflow or requirements.
2. STRICTLY NO REFUNDS
2.1 The Absolute Rule
2.1.1 EVERY AMOUNT PAID TO THE OPERATOR, INCLUDING WITHOUT LIMITATION EVERY SUBSCRIPTION FEE, RENEWAL FEE, UPGRADE FEE, DOWNGRADE ADJUSTMENT, ADD-ON FEE, MODULE FEE, SEAT FEE, USER FEE, STORAGE FEE, OVERAGE CHARGE, API CHARGE, SETUP FEE, MIGRATION FEE, PRIORITY-SUPPORT FEE, TAX, CONVENIENCE FEE, PAYMENT-GATEWAY CHARGE AND ANY OTHER CHARGE OF ANY DESCRIPTION, IS FINAL, ABSOLUTE, NON-REFUNDABLE, NON-CANCELLABLE, NON-PRO-RATABLE, NON-ADJUSTABLE, NON-CREDITABLE, NON-TRANSFERABLE, NON-ASSIGNABLE, NON-ENCASHABLE, NON-CARRY-FORWARDABLE AND NON-SET-OFFABLE, IN WHOLE AND IN PART, UNDER EVERY CIRCUMSTANCE WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN.
2.1.2 There is no free-look period, cooling-off period, trial-refund period, money-back guarantee, satisfaction guarantee, seven-day window, fourteen-day window, thirty-day window or grace period of any kind, whether express or implied. None has ever been offered, advertised, represented or bargained for.
2.1.3 This rule applies equally to first purchases, renewals, automatic renewals, upgrades, add-ons and every other charge, and applies regardless of the amount, the Term, the plan, the Modules enabled, the extent of use, or the identity or category of the User.
2.2 Circumstances in Which No Refund Shall Arise (Non-Exhaustive)
No refund, credit, pro-rata adjustment, extension, carry-forward, transfer, set-off, waiver, compensation, damages or relief of any nature shall be claimable, payable or entertained, including in any of the following circumstances:
(A) Change of mind, choice and circumstances
(a) change of mind, second thoughts, buyer's remorse or reconsideration; (b) non-use, partial use, under-use, minimal use or complete non-login during the Subscription Term; (c) selection of the wrong plan, wrong Subscription Term, wrong tier, wrong billing cycle, wrong currency, wrong quantity or wrong Modules by You; (d) duplicate, repeated, accidental, mistaken, unintended or erroneous purchase by You or by any person using Your Account or payment instrument; (e) purchase of a longer Term followed by a desire for a shorter one, or vice versa; (f) a decision to migrate to, or preference for, any other product, service, competitor, spreadsheet, manual system or in-house solution; (g) cessation, closure, sale, transfer, merger, restructuring, dissolution, winding up, liquidation, insolvency, bankruptcy or death of the User or of the User's business; (h) change in the User's business model, business volume, staffing, jurisdiction, registration status, turnover, tax position or regulatory status; (i) loss of interest, loss of relevance, seasonality, or a period of inactivity, travel, illness, hospitalisation, bereavement or absence; (j) inability to use the Platform for want of internet connectivity, a compatible device, a compatible browser, adequate skill, adequate time, adequate training or adequate staff;
(B) Expectations, suitability and fitness
(k) the Platform, any Module, any feature or any Output not meeting Your expectations, assumptions, preferences, workflow, business needs, aesthetic preferences or requirements; (l) the absence of any feature, Module, integration, report, format, template, language, currency or capability, whether or not You believed it to exist; (m) the Platform or any Output not being suitable, adequate, sufficient, compliant or fit for any compliance, statutory, regulatory, taxation, GST, e-invoice, accounting, book-keeping, audit, evidentiary, filing, professional or record-keeping purpose (all of which are, in any event, expressly and comprehensively disclaimed under Clause 2 of the Terms & Conditions and Clause 1.2 above); (n) the Platform not being government-approved, government-linked, government-backed, certified, audited, empanelled or integrated with any official portal (none of which was ever represented, and all of which is expressly disclaimed); (o) any misunderstanding, misapprehension, misreading or incorrect assumption by You as to the nature, capability, purpose or status of the Platform, of any Module or of any Output; (p) any advice, opinion or requirement of Your chartered accountant, auditor, tax practitioner, advocate, consultant, banker, investor, insurer, customer or any other person;
(C) Availability, defect and change
(q) any downtime, outage, interruption, degradation, latency, slowness, unavailability, maintenance window, migration or partial unavailability, of any duration; (r) any bug, error, defect, glitch, miscalculation, formatting issue, display issue, rendering issue, export issue or non-conformity; (s) any modification, update, redesign, re-architecture, re-branding, re-pricing, re-packaging, restriction, gating, metering, throttling, deprecation, suspension or permanent withdrawal of the Platform or of any Module, feature, function, field, template, report, integration or interface, in accordance with Clause 8 of the Terms & Conditions; (t) any change to data structures, field definitions, calculation methods, rounding conventions, formats, limits, quotas or export formats; (u) the imposition or enforcement of any fair-use limit, rate limit, storage limit, record limit, seat limit or API limit; (v) withdrawal, change or discontinuation of any beta, preview, trial, experimental, early-access or labs feature; (w) discontinuation of the Platform in whole or in part, in any territory or globally;
(D) Data, security and third parties
(x) any loss, corruption, deletion, alteration, unavailability, inaccessibility or unrecoverability of any User Content, Output, record, file, backup or configuration, howsoever caused, including where caused by the Operator, by any provider, or by expiry of a backup cycle; (y) any unauthorised access, breach, attack, brute-force attempt, hacking, malware, ransomware, phishing, credential compromise, or any incident described in Clause 15.3 of the Terms & Conditions or Clause 8.3 of the Privacy Policy; (z) any wilful, negligent, inadvertent or unauthorised export, download, print, screenshot, copy, forwarding, transmission, publication, sharing, sale, leak, disclosure or onward circulation of any data by You, by any person authorised or permitted by You, by any of Your personnel, or by any third party, integration, automation or artificial intelligence agent connected by You; (aa) any act, omission, defect, outage, change, discontinuation, breach, charge, decline, hold, reversal or failure of any third-party service, payment gateway, hosting provider, network operator, e-mail provider, application store, device, browser, extension, operating system or artificial intelligence service; (bb) any consequence of any integration, automation, script, bot, API client, artificial intelligence agent, personal assistant agent or autonomous agent that You authorised or connected;
(E) Termination, breach and legal
(cc) suspension, restriction, termination or closure of Your Account by the Operator, for cause or without cause, with or without notice, under Clause 12.2 of the Terms & Conditions; (dd) suspension or termination on account of Your breach of the Terms & Conditions, including any prohibited conduct under Clause 9 or any breach of Clause 18.5 thereof; (ee) suspension or termination pursuant to any direction, order, notice or requirement of any Governmental Authority; (ff) voluntary cancellation, closure, deletion or abandonment of Your Account by You; (gg) withdrawal of consent under the Privacy Policy, or any erasure or deletion request, and any consequent loss of access or data (Clause 9.4.3 of the Privacy Policy); (hh) expiry of the Subscription Term without renewal, or lapse of access; (ii) any Force Majeure Event as described in Clause 21 of the Terms & Conditions; (jj) any statutory, regulatory, taxation, audit, accounting, legal, contractual or commercial consequence, notice, demand, assessment, penalty, interest, prosecution, disallowance, denial of input tax credit, adverse order, dispute, litigation or loss suffered by You or by any person, howsoever connected with the Platform; (kk) any change in Applicable Law, in any tax rate, in any prescribed format, or in any regulatory requirement; (ll) any other reason, ground, cause or circumstance whatsoever, whether or not analogous to the foregoing, and whether or not within the contemplation of the Parties.
2.3 No Refund Even on Termination by the Operator
Suspension, restriction or termination of Your Account by the Operator, whether for cause or without cause, whether with notice or without notice, and whether or not You were in breach, shall never entitle You to any refund, credit, pro-rata adjustment, compensation or damages of any nature. Where termination is for breach, all Fees paid stand forfeited in full, without prejudice to every other right and remedy of the Operator, including under Clause 16 of the Terms & Conditions.
2.4 No Refund on Data Loss
The Platform is not a backup, archival, disaster-recovery or record-keeping service. No retention period, preservation, integrity, recoverability or restorability of any data is warranted, guaranteed or assured. It is entirely and exclusively Your responsibility to maintain Your own independent, complete, current and separately stored backups and records outside the Platform, and to export and download all data of importance to You well before expiry or termination. No loss, corruption, deletion or unrecoverability of any data shall ever give rise to any refund, credit, adjustment, compensation or claim. Clauses 7.6, 12.3, 13 and 14 of the Terms & Conditions apply in full.
3. CANCELLATION
3.1 What Cancellation Means
3.1.1 "Cancellation" means only and exclusively the discontinuance of future automatic renewal. It does not mean, and shall never be construed to mean, termination of the current Subscription Term with refund, shortening of the Term, pausing of the Term, reversal of any payment, or any entitlement to any money whatsoever.
3.1.2 Upon cancellation: (a) auto-renewal, recurring mandate or standing instruction is discontinued for future cycles; (b) Your access continues, unaffected, until the natural expiry of the Subscription Term already paid for; and (c) no refund, credit or pro-rata adjustment of any kind arises, whether at the time of cancellation or at expiry.
3.2 How to Cancel
3.2.1 Where the Platform provides an in-application cancellation, auto-renewal toggle or subscription management control, You should use it.
3.2.2 Otherwise, or in addition, send a written cancellation request from Your registered e-mail address to [email protected], clearly stating Your Account identifier and the subject line "Cancellation Request".
3.2.3 A cancellation request is effective only upon actual receipt and processing by the Operator, and only in respect of renewal cycles falling due thereafter. It has no retrospective effect on any charge already levied, collected, initiated, authorised, presented or in process.
3.2.4 You must submit any cancellation request sufficiently in advance of the renewal date to allow processing, and in any event not less than seven (7) clear days before the renewal date. A request received later may not prevent the renewal charge from being levied, and any such charge, once levied, is final and non-refundable under Clause 2.
3.2.5 It is entirely and exclusively Your responsibility to cancel in time. Forgetfulness, oversight, absence, travel, illness, staff turnover, change of e-mail address, non-receipt of any reminder, spam filtering, or reliance on any other person shall never constitute a ground for refund, reversal, waiver or credit.
3.3 Auto-Renewal
3.3.1 Where You have elected auto-renewal, a recurring mandate, an e-mandate or a standing instruction, the Subscription shall renew automatically for successive Terms of the same duration at the then-prevailing Fee, until cancelled in accordance with Clause 3.2.
3.3.2 The Operator may, but is under no obligation whatsoever to, send renewal reminders. Non-receipt of any reminder, for any reason whatsoever, including spam filtering, mailbox quota, blocked sender, network failure, incorrect contact details or Your own configuration, shall never entitle You to any refund, credit, reversal, adjustment or claim.
3.3.3 You may additionally revoke any mandate through Your bank, card issuer or payment provider. Revocation of a mandate does not cancel Your Subscription, does not discharge any amount already due, and does not give rise to any refund. A failed renewal charge may result in immediate suspension or termination of access without notice, and without refund of any earlier payment.
3.4 Account Closure and Data Deletion
3.4.1 You may request closure of Your Account at any time by writing to [email protected] from Your registered e-mail address.
3.4.2 Closure is irreversible. Upon closure, all access ceases and all User Content may be permanently and irreversibly deleted, purged or rendered unrecoverable at any time thereafter, with no obligation on the Operator to provide any grace period, notice, export window, reactivation, restoration or data-retrieval assistance.
3.4.3 EXPORT AND DOWNLOAD EVERYTHING YOU NEED BEFORE REQUESTING CLOSURE. The Operator bears no liability whatsoever for any inability to recover data after closure.
3.4.4 No refund, credit, pro-rata adjustment or compensation of any kind arises upon closure, whether requested by You or effected by the Operator.
3.4.5 The Operator may retain such data as Applicable Law requires or permits, or as is reasonably necessary for legal defence, tax compliance, security, fraud prevention, audit or backup-cycle expiry, notwithstanding closure.
4. FAILED, DUPLICATE AND ERRONEOUS TRANSACTIONS
4.1 The Narrow Exception
4.1.1 The only circumstances in which any amount may be returned are the following, each of which is a correction of a payment-processing failure and not a refund of a Subscription Fee:
(a) an amount was debited by the payment gateway but the corresponding Subscription was never activated and no access whatsoever was provisioned, and the gateway confirms the debit and the non-activation; (b) an amount was debited more than once for the very same Subscription cycle as a result of a demonstrable technical or gateway error, and no separate access, plan, seat, add-on or entitlement was provisioned against the additional debit; (c) an amount was debited in an amount demonstrably in excess of the price displayed on the Platform at the moment of purchase, as a result of a demonstrable technical error of the Operator, in which case only the excess may be returned.
4.1.2 In each such case, the return is limited strictly to the erroneous or non-activated amount only, and shall exclude all payment-gateway charges, convenience fees, bank charges, currency-conversion charges, card-network mark-ups, cross-border charges and taxes, which are non-recoverable.
4.1.3 Clause 4.1 does not create, and shall not be read as creating, any refund right, any cooling-off right, any exception to Clause 2, or any precedent. It addresses payment-processing failures only.
4.2 Procedure
4.2.1 A claim under Clause 4.1 must be made in writing to [email protected] from Your registered e-mail address, with the subject line "Failed Transaction", within seven (7) calendar days of the debit, and must enclose: the transaction reference or order identifier, the date and time of the debit, the amount, the payment method, the bank or card statement entry evidencing the debit, and the Account identifier.
4.2.2 Claims made after seven (7) calendar days from the debit are absolutely time-barred and shall not be entertained under any circumstance.
4.2.3 The Operator shall verify the claim against gateway and system records. The Operator's own records and those of the payment gateway shall, in the absence of manifest error, be conclusive and binding evidence of the transaction, its status, and whether access was provisioned.
4.2.4 Where a claim is verified and allowed, the amount shall be returned only to the original payment instrument and to no other account, instrument or person, and shall ordinarily be processed within fifteen (15) business days of verification, thereafter being subject to the timelines of the payment gateway, card network, bank and any intermediary, for which the Operator bears no responsibility and over which it has no control. No interest, compensation, damages or charge shall be payable for any period of processing or delay.
4.2.5 Where a claim is not verified, the Operator's decision shall be final, and no further claim shall lie, subject only to the grievance mechanism in Clause 7 and the dispute-resolution mechanism in Clause 18 of the Terms & Conditions.
4.3 Where the Fault Lies Elsewhere
The Operator bears no responsibility and no liability whatsoever, and no return shall be payable, in respect of any failed, declined, delayed, held, reversed, recalled, mis-directed or duplicated payment caused by Your bank, card issuer, wallet, unified payments interface application, payment gateway, aggregator, card network, network connectivity, insufficient funds, incorrect entry of details, expired instrument, exceeded limit, risk decline, or any third party. Such matters must be pursued by You directly with the relevant provider.
5. CHARGEBACKS AND PAYMENT DISPUTES
5.1 You shall not initiate, threaten, procure or support any chargeback, payment dispute, transaction reversal, mandate revocation dispute, or complaint to any payment provider, gateway, aggregator, card network, wallet, bank, banking ombudsman or regulator, in respect of any charge validly and correctly levied in accordance with the Terms & Conditions and this Policy.
5.2 Any such action constitutes a material breach of the Terms & Conditions, and entitles the Operator, at its sole discretion and without prior notice, and without prejudice to every other right and remedy:
(a) to immediately suspend and terminate Your Account and all access, and to forfeit all Fees paid, without refund; (b) to recover from You the disputed amount in full, together with all chargeback fees, representment fees, penalties, gateway charges, administrative costs, investigation costs and advocates' fees on a full-indemnity basis, under the indemnity in Clause 16 of the Terms & Conditions; (c) to contest the chargeback and to submit to the payment provider, card network, bank or regulator all records, logs, timestamps, IP records, session records, click records, acceptance records, activation records and usage records evidencing Your acceptance of these terms and Your provisioned access, to all of which You expressly consent and to the admissibility and evidentiary value of which You irrevocably waive all objection; (d) to decline all future service to You and to any person or entity associated with You; (e) to report the matter to the payment provider, to any credit or fraud database maintained by any payment provider or network, and to any Governmental Authority or law enforcement agency; (f) to pursue all lawful civil and criminal remedies, including under Clause 18.5 of the Terms & Conditions.
5.3 Where a chargeback is initiated in respect of a charge for which access was provisioned, the Operator shall be entitled to treat such action as an attempt to obtain the service without payment, and to pursue all lawful consequences accordingly.
5.4 The mandatory grievance and dispute-resolution route in Clause 7 below and Clause 18 of the Terms & Conditions is the sole and exclusive route for raising any billing concern. A chargeback is not, and shall never be treated as, a substitute for it.
6. PLANS, PRICING, PROMOTIONS AND CHANGES
6.1 Subscription Fees, plans, inclusions, usage limits, fair-use thresholds and Module availability are as displayed on the Platform at the time of purchase, and are subject to change prospectively at the Operator's sole discretion. A change in pricing shall not affect a Subscription Term already paid for and running, but shall apply to every subsequent renewal and purchase, and shall give rise to no refund, credit, adjustment, price protection or grandfathering claim.
6.2 Upgrades. Where an upgrade mid-Term is offered, it takes effect on payment of the applicable differential or new Fee. Amounts already paid for the earlier plan are not refundable and may, at the Operator's sole discretion only and without any obligation, be adjusted in the differential computation. Any such adjustment is a discretionary commercial accommodation, is not a refund, creates no right, precedent or expectation, and may be declined without reason.
6.3 Downgrades. Where a downgrade is permitted, it takes effect only from the commencement of the next Subscription Term. No refund, credit, pro-rata adjustment or compensation arises for any unused portion of a higher plan, for any reduction in seats, users, storage, Modules or entitlements, or otherwise.
6.4 Promotions, trials, coupons and credits. Any introductory, promotional, discounted, referral, coupon, voucher, bundled, complimentary or trial offer, or any promotional credit, is temporary, conditional, personal, non-transferable, non-encashable, has no monetary value, cannot be redeemed for cash, expires as stated or on withdrawal, applies only for the specific period and on the specific conditions stated, and may be withdrawn, altered or discontinued at any time without notice, refund, credit or liability. Amounts paid in conjunction with any promotion remain non-refundable under Clause 2. Where any offer is found to have been availed through misrepresentation, abuse, multiple accounts or circumvention, the Operator may reverse the benefit, charge the full Fee, and suspend or terminate the Account without refund.
6.5 Taxes. All Fees are exclusive of Taxes unless expressly stated to be inclusive. Taxes duly collected and remitted to the exchequer are never refundable by the Operator under any circumstance, and no claim shall lie against the Operator in respect of any Tax, or in respect of any denied, delayed, reversed, blocked or unavailable input tax credit, mismatch, notice, interest or penalty arising from particulars supplied by You or from Your own compliance position. Clause 5.5 of the Terms & Conditions applies in full.
6.6 No set-off. You shall pay all amounts due in full without any set-off, counterclaim, deduction, retention, withholding or abatement, whether on account of any alleged deficiency, dispute, claim or otherwise.
6.7 Non-transferability. No Subscription, Term, plan, seat, credit, coupon or entitlement may be sold, resold, assigned, novated, transferred, gifted, sub-licensed, shared or dealt with in favour of any other person, without the Operator's prior written consent. Any purported transfer is void.
7. GRIEVANCES AND DISPUTES
7.1 Grievance Officer
Grievance Officer / Nodal Officer Name: Mr. Mohamed Jamnagarwala Designation: Proprietor, Simply Five Studio Address: 22 Josier Street, Nungambakkam, Chennai 600034, Tamil Nadu, India E-mail: [email protected]
7.2 Procedure
7.2.1 Every billing, cancellation or refund grievance must be raised in writing to [email protected] from Your registered e-mail address, and must set out the Account identifier, the transaction particulars, the complete factual basis, the specific loss alleged with computation, the documentary proof relied upon, and the specific relief sought.
7.2.2 Receipt will be acknowledged, and the grievance disposed of, within the periods prescribed by the Consumer Protection (E-Commerce) Rules, 2020 and other Applicable Law.
7.2.3 Anonymous, incomplete, abusive, threatening, repetitive, frivolous, vexatious or unsubstantiated communications may be closed without action.
7.3 Mandatory Route
7.3.1 Exhaustion of this grievance mechanism, and compliance with Clause 18.1 of the Terms & Conditions (mandatory sixty-day written notice of dispute), are conditions precedent to the initiation of any arbitration, suit, complaint, petition, proceeding, claim or action of any nature against the Operator or any Protected Person, before any forum whatsoever.
7.3.2 Clause 18 of the Terms & Conditions applies in full to every cancellation, billing and refund dispute, including its provisions on: mandatory notice of dispute; arbitration by a sole arbitrator seated at Chennai under the Arbitration and Conciliation Act, 1996; governing law of India; the sole and exclusive jurisdiction of the courts and tribunals at Chennai, Tamil Nadu; the waiver of class, collective, representative and consolidated proceedings; and the consequences of frivolous, vexatious, coercive and retaliatory claims.
7.4 Limitation of Liability
7.4.1 Nothing in this Policy creates any warranty, guarantee, assurance or obligation beyond what is expressly stated, nor does anything in this Policy enlarge, qualify, dilute or override any disclaimer, exclusion, limitation, cap, indemnity, time bar or dispute-resolution provision of the Terms & Conditions.
7.4.2 Clauses 13 (Disclaimer of Warranties), 14 (Exclusion and Limitation of Liability, including the aggregate financial cap and the thirty-day notification and six-month limitation bar), 16 (Indemnity) and 18 (Dispute Resolution) of the Terms & Conditions apply in full to this Policy.
7.4.3 Neither hisaabwala.org nor Simply Five Studio nor its proprietor nor any Protected Person shall bear any responsibility or liability whatsoever for any loss, damage, harm, cost, expense, penalty, claim, risk, prejudice or consequence of any nature, direct or indirect, arising out of or relating to any payment, non-payment, charge, renewal, cancellation, suspension, termination, expiry, loss of access or loss of data, arising from the use of the Platform by any means and through any medium, including via the web, any browser or browser extension, any computer, any mobile device, tablet, wearable or smart device, any embedded or Internet-of-Things device, any API or webhook, any automation or script, any artificial intelligence agent, any personal assistant agent, any autonomous agent, or any other means, technology or medium now known or hereafter devised.
7.4.4 Your sole and exclusive remedy in respect of any dissatisfaction with the Platform is to cease using it, to cancel auto-renewal, and to allow Your Subscription to lapse at the natural expiry of the Term already paid for, without refund.
8. GENERAL
8.1 Discretion is not a right. The Operator may, in wholly exceptional circumstances and purely as an act of grace, at its sole, absolute, unreviewable and unfettered discretion, and without assigning any reason, extend any accommodation to any User. Any such accommodation: is not a refund; is not an admission of any liability, fault, deficiency or breach; creates no right, entitlement, precedent, expectation, custom, practice or course of dealing; is not capable of being demanded, claimed, cited, relied upon or enforced by that or any other User on any subsequent occasion; and shall never be construed as a waiver, variation or dilution of any provision of this Policy or of the Terms & Conditions.
8.2 Amendment. The Operator may amend, vary, supplement, restate or replace this Policy at any time by publishing the revised version on the Platform with an updated Effective Date. Continued access to or use of the Platform after publication constitutes unconditional acceptance. If You do not accept a revision, You must cease all use immediately; no refund shall arise on that account. The version published on the Platform at any time is the operative version, save that a change to this Policy shall not retrospectively enlarge any refund right in respect of a payment already made.
8.3 Severability and reading down. If any provision of this Policy is held invalid, illegal, void, unenforceable or contrary to public policy by any court, tribunal or authority of competent jurisdiction, it shall first be read down, narrowed, limited or modified to the minimum extent necessary to render it valid and enforceable while preserving the maximum protection to the Operator that Applicable Law permits; only if that is impossible shall it be severed, and then only as to the offending part and only in the jurisdiction concerned. All remaining provisions shall continue in full force and effect.
8.4 Statutory savings. Nothing in this Policy purports to exclude or restrict any right or liability which cannot lawfully be excluded or restricted under Applicable Law. Every exclusion, limitation and bar herein applies only to the maximum extent that Applicable Law permits. Where any non-waivable statutory right nonetheless mandates a return of any amount, such return shall be limited to the minimum extent so mandated and shall in every case be subject to the aggregate cap in Clause 14.3 of the Terms & Conditions.
8.5 No waiver. No failure, delay, forbearance, indulgence, partial exercise or course of conduct on the Operator's part in exercising any right or remedy shall operate as a waiver thereof or preclude any further exercise. No waiver is effective unless made expressly in writing and signed by the Operator, and shall apply only to the specific instance and purpose stated.
8.6 Records conclusive. The Operator's electronic records, logs, timestamps, IP records, session records, click records, acceptance records, activation records, usage records and billing records shall, in the absence of manifest error, constitute conclusive and binding evidence of Your acceptance of this Policy and the Terms & Conditions, of the activation and provisioning of access, of Your use of the Platform, and of all Fees, transactions, instructions and cancellations. You irrevocably waive every objection to their admissibility, authenticity and evidentiary value on the ground that they are electronic records or are not originals.
8.7 Language. This Policy is made in English. Any translation is for convenience only, and in the event of any discrepancy, ambiguity or conflict, the English version shall prevail absolutely for all purposes.
8.8 Precedence. In the event of any inconsistency between this Policy and the Terms & Conditions, the provision more protective of the Operator shall prevail.
9. FINAL ACKNOWLEDGEMENT
BY MAKING ANY PAYMENT ON OR IN RESPECT OF THE PLATFORM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNCONDITIONALLY ACCEPTED THIS POLICY IN FULL, AND IN PARTICULAR THAT:
- You voluntarily and of Your own free volition selected Your plan, Your Subscription Term and every Module You use, without any solicitation, recommendation or advice from the Operator.
- Access is provisioned instantaneously and in full upon payment, and the supply is thereby complete, exhausted and incapable of return.
- All payments are final, absolute and strictly non-refundable, in whole and in part, under every circumstance whatsoever, with no cooling-off period, free-look period or money-back guarantee of any kind.
- Cancellation stops future renewal only, and never gives rise to any refund, credit, pro-rata adjustment or compensation for the current or any past Subscription Term.
- It is entirely Your own responsibility to cancel auto-renewal in time, and to export and retain Your own data and independent backups before expiry, closure or termination.
- The Platform is a data-entry and data-processing utility only, is not compliance, regulatory, accounting, audit or taxation software, and is not associated with, approved by, backed by or linked to GST, any Government, any Governmental Authority or any official portal; no refund claim can ever be founded on its unsuitability for any such purpose.
- You will not initiate any chargeback or payment dispute in respect of any validly levied charge, and You understand the consequences under Clause 5 if You do.
- All grievances must go through the Grievance Officer and the mandatory dispute-resolution mechanism in Clause 18 of the Terms & Conditions, and all disputes are subject to arbitration seated at Chennai, to Indian law, and to the sole and exclusive jurisdiction of the courts and tribunals at Chennai, Tamil Nadu, on an individual basis only.
- The Subscription Fee was set, and the Platform offered, on the express and material footing that this Policy applies in full; the price would have been materially different otherwise.
© Simply Five Studio. All rights reserved.
Related documents: Terms & Conditions · Privacy Policy · Cookies & Data