ETOUCH EDUSERV PVT. LTD.

 

FAIR REFUND, CANCELLATION & FEE POLICY

 

Company: ETouch Eduserv Pvt. Ltd.

Applicable Law: Laws of India

 

1. SHORT TITLE, APPLICABILITY AND OBJECT

 

This Fair Refund, Cancellation & Fee Policy (“Policy”) is issued by ETouch Eduserv Pvt. Ltd. (“ETouch”, “Company”, “we”, “us” or “our”) and shall govern, subject to applicable law, the cancellation, withdrawal, refund, adjustment, transfer, deferment and treatment of fees paid by any student, customer, applicant or other person availing any educational, training, academic, digital or allied service provided by the Company.

 

This Policy is intended to establish a transparent, reasonable and uniform framework for dealing with refund and cancellation requests while safeguarding the legitimate contractual and commercial interests of the Company and the lawful rights and remedies of students and consumers.

 

For the purposes of this Policy, “Student”, “Customer”, “you” or “your” shall include the person who enrols for, purchases, accesses or avails any course, programme, training, educational service or related facility from ETouch.

 

2. DEFINITIONS

Unless the context otherwise requires:

 

2.1 “Course” or “Programme”

means any educational, training, communication, academic, skill-development, online, offline, hybrid or other programme offered by ETouch.

 

2.2 “Services”

means the courses, classes, training sessions, assessments, examinations, study materials, digital content, LMS access, counselling, workshops, certifications and other services expressly agreed to be provided by ETouch.

 

2.3 “Fees”

means any amount payable or paid by the Student towards admission, registration, enrolment, tuition, training, course, examination, certification, study material, digital access, workshop, instalment or any other disclosed service or charge.

 

2.4 “Refund”

means repayment of an amount previously received by ETouch from the Student, in whole or in part, in accordance with this Policy, the applicable contractual terms and applicable law.

 

2.5 “Business Day”

means a day other than a Sunday or a public holiday on which banks and commercial establishments are ordinarily open for business in the relevant jurisdiction.

 

3. CONTRACTUAL DOCUMENTS

 

The Student’s enrolment, admission or purchase of any Course or Service shall be governed by, as applicable:

 

the enrolment/admission form;

the applicable course terms and conditions;

the fee structure;

the quotation or offer;

the invoice or receipt;

the payment terms;

this Policy;

institutional rules and regulations; and

applicable laws and regulations.

All such documents shall be read together as forming part of the contractual arrangement between the Company and the Student.

In the event of any inconsistency between this Policy and any mandatory provision of applicable law, the mandatory provision of law shall prevail to the extent of such inconsistency.

 

4. GOVERNING LAW AND STATUTORY COMPLIANCE 

 

This Policy shall be construed and administered in accordance with the laws applicable in India, including, where applicable:

the Consumer Protection Act, 2019;

the Indian Contract Act, 1872;

the Consumer Protection (E-Commerce) Rules, 2020, where applicable;

applicable taxation and GST laws and regulations;

applicable banking and payment-system requirements; and

any other applicable statute, rule, regulation, notification, order or governmental direction in force from time to time.

 

Nothing contained in this Policy shall be construed as excluding, restricting or waiving any right or remedy which cannot lawfully be excluded, restricted or waived.

 

5. PRINCIPLE OF FAIRNESS AND NON-WAIVER OF STATUTORY RIGHTS

 

ETouch shall administer this Policy in a fair, reasonable, transparent and proportionate manner.

 

No provision of this Policy shall be interpreted as authorising the Company to retain an amount contrary to any mandatory requirement of law.

 

In particular, no “no-refund” or similar contractual provision shall operate so as to defeat a legally enforceable claim arising from, including but not limited to:

 

• Deficiency in service;

• Material failure to provide the contracted Service;

• Material breach of contractual obligations;

• Material deviation from expressly agreed or represented characteristics of the Service;

• Misleading or false representation;

• Failure to deliver a paid Service; or

• Any other circumstance in which applicable law confers a right to refund, compensation, restitution or other relief.

 

6. FEES TO WHICH THIS POLICY MAY APPLY

 

This Policy may apply to:

a. Admission Fees;

b. Registration Fees;

c. Enrolment Fees;

d. Course Fees;

e. Tuition Fees;

f. Training Fees;

g. Examination and Assessment Fees;

h. Certification Fees;

i. Study Material Charges;

j. Digital Learning or Online Service Charges;

k. Workshop and Training Charges;

l. Booking or Reservation Charges;

m. Instalment Payments; and

n. any other fee or charge expressly disclosed to and accepted by the Student.

 

ETouch Eduserv reserves the right to prescribe separate course-specific refund schedules where reasonably necessary due to the nature, duration, delivery model, cost structure or other characteristics of a particular Course or Service.

Any such specific terms shall, wherever applicable, be communicated to the Student at or before enrolment.

 

7. NO AUTOMATIC RIGHT TO REFUND ON VOLUNTARY WITHDRAWAL

 

Subject to applicable law and any express refund commitment made by ETouch, payment of Fees shall not, by itself, confer upon the Student an unrestricted or automatic right to cancel enrolment and demand a full refund merely because the Student subsequently elects not to continue with the 

 

Course or Service.

Without limitation, a voluntary decision to discontinue shall ordinarily not constitute grounds for a full refund merely because the Student:

a. has changed their mind;

b. has changed career plans;

c. has selected another institution;

d. has selected another course;

e. has relocated;

f. has become unavailable;

g. has changed employment or work schedule;

h. has lost interest in the Course; or

i. otherwise voluntarily decides not to continue.

 

This clause shall not prejudice any statutory, contractual or other legally enforceable right of the Student.

 

8. CIRCUMSTANCES IN WHICH REFUND MAY BE DUE OR CONSIDERED

 

8.1 Course Cancelled Before Commencement

 

Where ETouch Eduserv cancels a Course or Programme before its commencement and does not provide a reasonably equivalent alternative acceptable to the Student, ETouch shall provide an appropriate remedy in accordance with applicable law.

 

Such remedy may include a refund of the amount attributable to the Service which has not been provided.

 

8.2 Material Failure to Provide Contracted Services

 

Where ETouch materially fails to provide the Services expressly contracted for, and such failure is attributable to the Company, ETouch shall investigate the circumstances and determine an appropriate remedy.

 

Depending upon the nature and extent of the failure, such remedy may include:

a. rectification;

b. replacement or alternative Service;

c. transfer to another batch or Course;

d. extension of the Service period;

e. proportionate fee adjustment;

f. partial refund; or

g. full refund.

 

The remedy shall be determined having regard to the actual circumstances, the extent of the Service already provided and applicable law.

 

8.3 Material Difference Between 

 

Advertised and Delivered Service

Where the Service actually delivered materially differs from the material characteristics, features or representations expressly advertised or contractually agreed, the Student may submit a complaint for review.

 

Where such a complaint is substantiated, ETouch shall provide such remedy as may reasonably be appropriate in the circumstances and as required by applicable law.

 

Such remedy may include correction, replacement, transfer, extension, partial refund or full refund, as applicable.

 

8.4 Duplicate Payment

Where a Student makes a duplicate payment towards the same invoice, Course or fee obligation due to an accidental, technical or payment-processing error, the duplicate amount shall, upon verification, ordinarily be refunded.

With the Student’s consent, ETouch may instead adjust such an amount against another legitimate outstanding amount payable by the Student.

 

8.5 Payment Received in Error

Where ETouch receives an amount which was not legally or contractually payable due to an identifiable billing, invoicing or payment error, the Company shall verify the matter.

 

Upon confirmation of the error, the excess amount shall ordinarily be refunded or, with the Student’s consent, adjusted against another legitimate outstanding liability.

 

8.6 Cancellation of Course or Batch by ETouch

 

Where ETouch Eduserv permanently cancels a Course or Batch after receiving payment and is unable to provide a reasonably equivalent alternative, the Student may be entitled to a refund of the amount attributable to the unprovided portion of the Service, subject to applicable law.

 

8.7 Material Failure Attributable to the Company

Where a material failure attributable to ETouch prevents the Student from receiving a substantial portion of the contracted Services, the Company shall assess the appropriate remedy on a reasonable and proportionate basis.

ETouch shall not retain any amount solely for the purpose of imposing an excessive or punitive financial consequence where applicable law requires refund, restitution, adjustment or other relief.

 

9. PARTIAL REFUND

 

A partial refund may be considered where:

a. a portion of the contracted Services has already been provided;

b. the remaining Services are cancelled by ETouch;

c. a material deficiency relates only to part of the Services;

d. withdrawal is permitted under an applicable course-specific refund schedule;

e. an agreed alternative Service or transfer cannot be provided; or

f. the circumstances otherwise warrant a proportionate adjustment.

In determining the amount of any partial refund, ETouch may take into consideration:

 

Services already rendered;

• Classes, lectures or sessions attended;

• Digital content or resources already made available;

• Examinations or assessments already conducted;

• Study materials already supplied;

• Actual and non-recoverable third-party charges, where applicable;

• Expressly disclosed and legally permissible administrative charges; and

• The value of the Services remaining to be provided.

 

Any deduction shall be reasonable, proportionate and legally permissible.

 

10. CIRCUMSTANCES IN WHICH REFUND SHALL ORDINARILY NOT BE AVAILABLE

 

Subject always to applicable law, refund shall ordinarily not be available in the following circumstances:

 

10.1 Voluntary Non-Attendance

 

Where the Student voluntarily ceases to attend classes, sessions or training after commencement of the Course, such non-attendance shall not, by itself, constitute a ground for refund where ETouch Eduserv continues to make the contracted Service reasonably available.

 

10.2 Voluntary Discontinuation

 

No refund shall ordinarily be payable solely because the Student voluntarily decides not to continue the Course.

 

10.3 Failure to Utilise Available Services

 

Where ETouch Eduserv has duly made the contracted Service available but the Student fails to attend, access or utilise the Service without obtaining an approved cancellation, withdrawal or deferment, such non-utilisation shall not automatically create an entitlement to refund.

 

10.4 Default in Instalment Payment

Where the Student has agreed to pay Fees by instalments, failure to pay an instalment by the stipulated due date may entitle ETouch, subject to the applicable agreement and law, to:

 

a. suspend access or attendance;

b. suspend further Services;

c. withhold further facilities; or

d. cancel or terminate the enrolment in accordance with the applicable terms.

 

Payment already made shall not automatically become refundable merely by reason of the Student’s subsequent default in payment.

 

10.5 Misconduct and Disciplinary Action

 

Where the Student is suspended, removed or otherwise terminated from a Course due to serious misconduct, including fraud, cheating, violence, harassment, threatening behaviour, deliberate disruption, misuse of Company property or material violation of institutional rules, Fees attributable to Services already provided shall ordinarily not be refundable.

 

The treatment of any prepaid but unused amount shall be determined in accordance with the applicable contractual terms, circumstances of the case and applicable law.

 

10.6 False, Fraudulent or Forged Information

 

Where admission or enrolment has been obtained through materially false, fraudulent or forged information or documentation, ETouch may cancel or terminate the enrolment in accordance with applicable law.

 

Any refund or adjustment shall be determined after taking into account Services already provided, legitimate costs incurred and applicable law.

 

10.7 Examination, Assessment or Certification Already Conducted

 

Where a separately chargeable examination, assessment, evaluation or certification Service has already been substantially performed, the corresponding Fee may ordinarily be treated as non-refundable, subject to applicable law.

 

10.8 Study Material Already Supplied

 

Where physical or digital study material has already been supplied or made available, the corresponding charge may ordinarily be non-refundable to the extent that the relevant material or Service has already been delivered or consumed, subject to applicable law.

 

10.9 Digital Content Already Accessed

 

Where digital classes, recorded lectures, LMS access, software access, online resources or other digital learning Services have already been supplied and substantially accessed or utilised, any refund may be reduced proportionately to reflect the Services already supplied.

 

10.10 Third-Party Charges

 

Government charges, examination-board fees, university fees, certification-body fees, payment-gateway charges and other third-party charges may be excluded from a refund where such charges:

a. have actually been incurred;

b. have been appropriately disclosed; and

c. are genuinely non-recoverable by ETouch Eduserv Pvt Ltd.

 

No charge shall be treated as automatically non-refundable merely by being described as a “third-party charge” where applicable law requires otherwise.

 

10.11 Expiry of Refund Period

 

Where a specific refund or withdrawal period has been clearly communicated to the Student and the Student fails to submit a refund request within the prescribed period, the request may ordinarily be rejected.

 

This provision shall remain subject to statutory rights which cannot lawfully be excluded or limited.

 

10.12 Accepted Transfer in Lieu of Refund

 

Where a Student voluntarily requests and accepts a Course or Batch transfer in lieu of refund, such transfer shall ordinarily constitute the agreed resolution of the relevant request.

 

A subsequent refund request relating to the same amount shall ordinarily not be entertained unless otherwise provided by the applicable agreement or required by law.

 

10.13 Personal Circumstances

 

Personal circumstances, including change of employment, relocation, family commitments, travel, change of schedule, subsequent financial difficulty, career change, enrollment elsewhere or loss of interest shall not, by themselves, constitute an automatic ground for refund.

 

Nevertheless, ETouch Eduserv may, at its sole discretion and subject to operational feasibility, consider transfer, deferment, course credit or partial refund as a goodwill measure.

 

Any such concession shall not constitute a precedent or create an automatic entitlement in favour of any other Student.

 

11. FORCE MAJEURE

 

ETouch Eduserv shall not be liable for any delay, interruption, suspension or failure in performance to the extent such delay, interruption, suspension or failure is caused by circumstances beyond the reasonable control of the Company.

 

Such circumstances may include, without limitation:

 

• Natural disasters;

• Flood;

• Earthquake;

• Fire;

• Epidemic or pandemic;

• War;

• Civil unrest;

• Governmental restrictions;

• Orders of competent governmental or judicial authorities;

• Prolonged infrastructure failure;

• Major internet, telecommunications or network failure;

• Strikes or industrial action not caused by ETouch; or

• Any other event recognised under applicable law as a force majeure event.

 

Where reasonably practicable, ETouch may offer:

 

a. rescheduling;

b. an alternative mode of delivery;

c. replacement batch;

d. extension of access; or

e. another reasonable alternative.

Nothing contained herein shall operate to exclude any mandatory statutory remedy.

 

12. REFUND CALCULATION

 

Unless a specific course-wise refund schedule has been expressly disclosed and accepted, the amount of any refund may be determined on a proportionate basis, having regard to:

 

Total Amount Paid

LESS: Value of Services already provided

 

LESS: Actual, disclosed and legally permissible non-recoverable third-party charges

 

LESS: Other expressly agreed and legally permissible deductions

 

= NET REFUND AMOUNT

The Company shall ensure that any deduction is reasonable, proportionate and supported by the applicable contractual arrangement and law.

 

No deduction shall be imposed solely for the purpose of creating an excessive or punitive financial consequence.

 

13. INSTALMENT ARRANGEMENTS

 

An instalment facility constitutes a mechanism for payment of the agreed Fees and shall not, by itself, be construed to mean that each instalment represents a separate or independently cancellable Service.

Where a Student seeks withdrawal after commencement of a Course, 

ETouch Eduserv may consider:

 

a. the applicable course-specific refund terms;

b. the duration of the Course already completed;

c. Services already provided;

d. Services remaining to be provided;

e. outstanding contractual obligations; and

f. applicable law.

 

ETouch Eduserv may suspend further Services where an agreed instalment remains unpaid, subject to the applicable contractual terms and law.

 

14. NO WAIVER OF LEGAL RIGHTS

 

No provision of this Policy shall be construed as:

 

a. excluding the jurisdiction of a competent court, Consumer Commission or statutory authority;

b. waiving any statutory consumer right;

c. authorising an unlawful penalty;

d. excluding liability where such exclusion is prohibited by law;

e. permitting deficient Services to be provided without an appropriate remedy where the law requires otherwise; or

f. preventing a Student from exercising any right which cannot legally be contracted away.

 

15. PROCEDURE FOR SUBMITTING A REFUND REQUEST 

 

A refund request shall preferably be submitted in writing and should contain, wherever applicable:

 

1. Full name of the Student;

2. Enrolment/Registration ID;

3. Course or Programme name;

4. Date of payment;

5. Invoice/Receipt number;

6. Amount paid;

7. Grounds for seeking refund;

8. Relevant supporting documents; and

9. Payment details reasonably necessary for processing an approved refund.

10. Refund Contact Details

Email: accounts@etoucheduserv.com

Phone/WhatsApp: +91-9910259414

 

ETouch Eduserv may require such additional information or documentation as may reasonably be necessary to verify the identity of the claimant, payment, enrollment and grounds of the claim.

 

16. PROCESSING OF APPROVED REFUNDS

 

Upon approval of a refund:

ETouch shall communicate the approved refund amount to the Student.

 

The refund shall ordinarily be processed through the original payment method, wherever technically and legally feasible.

Where the original payment method is unavailable or unsuitable, ETouch Eduserv may request verified alternative payment details.

 

The actual crediting time may depend upon the relevant bank, payment gateway, card network, UPI provider or other payment intermediary.

 

Where ETouch Eduserv has duly initiated an approved refund and any subsequent delay is attributable solely to a third-party payment intermediary, ETouch shall not be responsible for the intermediary’s internal processing time, but shall provide reasonable assistance to the Student.

 

17. REVIEW AND DETERMINATION OF CLAIMS

 

Every refund request shall be examined on its own facts and circumstances.

 

ETouch Eduserv may consider, among other relevant factors:

the applicable enrolment/admission agreement;

 

• Course-specific terms;

• Fee structure;

• Invoices and payment records;

• Attendance records;

• Access and usage records;

• Services actually delivered;

• Communications exchanged with the Student;

• The reason for cancellation or withdrawal;

• The nature and extent of any alleged deficiency;

• Applicable statutory provisions; and

• Principles of fairness, reasonableness and proportionality.

 

ETouch Eduserv may seek clarification or supporting documentation before making a determination.

 

Submission of a refund request shall not, by itself, constitute an admission of liability by ETouch.

 

18. GRIEVANCE REDRESSAL

 

Where a Student is dissatisfied with a refund decision, the Student may submit a written grievance to the designated Grievance Officer or authorised representative of ETouch Eduserv.

 

Grievance Officer / Authorised Person: Mr Dhananjay Dubey

Email: dhananjay.grs@gmail.com

Phone: +91-9654212193

Working Hours: 11 am to 7 pm

 

The Company shall endeavour to examine genuine grievances fairly and communicate its decision within a reasonable period.

 

The internal grievance mechanism is intended to facilitate resolution and shall not prejudice any remedy available to the Student under applicable law.

 

19. E-COMMERCE AND CONSUMER LAW COMPLIANCE

 

To the extent that ETouch Eduserv falls within the scope of any applicable e-commerce or consumer-protection regulatory framework, the Company shall comply with the applicable statutory and regulatory requirements.

 

Nothing in this Policy shall be interpreted as restricting any mandatory disclosure, refund, grievance redressal or other obligation imposed upon ETouch by applicable law.

 

20. REPRESENTATIONS REGARDING COURSE AND SERVICES

 

The Student acknowledges that enrolment shall be based upon the course information, fee structure, terms and representations expressly communicated by ETouch through its authorised channels.

 

No unauthorised oral statement, informal representation or third-party assurance shall be deemed to amend the contractual terms unless duly authorised and recorded in accordance with the Company’s applicable procedures.

Nothing in this clause shall restrict any remedy available under applicable consumer or other law in respect of a legally actionable misleading or false representation.

 

21. MODIFICATION AND AMENDMENT OF POLICY

 

ETouch reserves the right to amend, modify, supplement or replace this Policy from time to time where reasonably necessary due to:

a. changes in applicable law;

b. regulatory requirements;

c. changes in business operations;

d. introduction or modification of Courses or Services; or

e. other legitimate operational requirements.

 

Unless otherwise required by law, the version applicable to a particular transaction shall ordinarily be the version communicated or applicable at the time of the Student’s enrolment or purchase.

 

Any amendment required to comply with mandatory law may take effect from the date required by such law.

 

22. SEVERABILITY

 

If any provision of this Policy is declared invalid, unlawful or unenforceable by a competent court, tribunal, Consumer Commission or other competent authority, such provision shall, to the extent legally permissible, be severed or modified to the minimum extent necessary to give effect to the underlying intention of the provision.

 

The remaining provisions shall continue in full force and effect to the extent legally permissible.

 

23. NO PRECEDENT OR WAIVER

 

Any concession, adjustment, transfer, deferment, refund or other accommodation granted by ETouch in an individual case shall not, unless expressly stated otherwise in writing, constitute:

a. a waiver of any provision of this Policy;

b. an amendment to the general refund terms;

c. an admission of liability; or

d. a precedent creating an automatic entitlement in favour of any other Student.

 

Failure or delay by ETouch Eduserv in enforcing any provision of this Policy shall not constitute a waiver of its right to enforce that provision subsequently.

 

24. ENTIRE POLICY AND CONTRACTUAL INTERPRETATION

 

This Policy, together with the applicable enrolment form, course terms, fee structure, invoice, payment terms and other expressly incorporated documents, constitutes the framework governing refund and cancellation matters between ETouch and the Student.

 

No modification, waiver or variation of the applicable terms shall be binding upon ETouch unless made or authorised by a duly authorised representative of the Company or otherwise required by applicable law.

 

25. GOVERNING LAW AND JURISDICTION

 

This Policy shall be governed by and construed in accordance with the laws of India.

 

Subject to the jurisdiction vested by applicable law in Consumer Commissions, courts, tribunals, statutory authorities or other competent forums, disputes arising in connection with this Policy shall be dealt with in accordance with the applicable laws and procedures in force in India.

 

Nothing contained herein shall be construed as restricting a consumer’s statutory right to approach a competent Consumer Commission or other authority having jurisdiction under applicable law.

 

26. FAIRNESS AND CONSUMER PROTECTION COMMITMENT

 

ETouch Eduserv is committed to maintaining a refund and cancellation framework that is fair, transparent, reasonable and proportionate.

 

The purpose of this Policy is neither to defeat legitimate consumer rights nor to permit misuse of the refund mechanism.

 

ETouch shall endeavour to ensure that:

“Genuine claims are considered fairly, legitimate contractual obligations are respected, and the refund mechanism is not misused.”