Owner: Blue Pencil Strategies Private Limited

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.        Introduction

1.1.    Welcome to our Platform. This Refund Policy ("Policy") governs all fees and payments made by you (“you”/ “your”/ “User(s)”) to Blue Pencil Strategies Private Limited ("Company", we”, “our”, or “us), a corporation established under the Companies Act, 2013 with its registered office located at Kagalwala House, Plot No. 175, CST Road, Kalina, Santacruz East, Mumbai 400098.

1.2.    The domain names tāshi.in and bluepencil.com and the mobile applications "Lekha" and "Vayam" (collectively "Platform") are owned and operated by the Company.

1.3.   The Company is engaged in the business of offering the Platform for supporting projects and social programs (“Programs”) offered by various third-party entities such as private and public limited companies, section 8 companies, trusts, non-governmental organizations (NGOs), societies, governmental organizations etc. (“Implementation Organisations”/”IOs”) either directly or on behalf of individuals, corporations, foundations, or other entities that provide funding or grants for the administration/operation of such Programs (“Donors” or ”Investors”). These Programs are designed and executed by IOs and/or their Donors and Investors independently and may cover a broad range of subject matters including not limited to the area of skills development, entrepreneurship, financial inclusion, sustainable agriculture, environmental preservation, etc. and other Corporate Social Responsibility (CSR) and non-CSR projects.

1.4.   This Policy is subject to and forms an integral part of our Terms and Conditions (“Terms”) and should be read in conjunction with such Terms.  By accessing or using the Platform, you acknowledge and agree to be bound by this Policy. All capitalised terms in this Policy not specifically defined herein shall have the same meaning as ascribed to such terms under the Company’s Terms.

2.      No Refund Policy

The Company operates a strict NO REFUND policy across the Platform for all its Services and User categories. All payments made to the Company are final, irrevocable, and non-refundable under any and all circumstances.

2.1.   Scope of Non-refundable Payments

This Policy applies to all fees, charges, and payments of any nature, including but not limited to: a) Service fees for Platform access and usage; b) Account maintenance fees and subscription charges; c) Processing fees, administrative charges, and transaction fees; d) Premium feature access fees; e) Any other fees or charges levied for Services; and f) All payments made directly or indirectly through third parties on behalf of Users.   

2.2.   User Categories Covered

This No Refund policy applies equally and without exception to all User categories as defined in our Terms and Conditions, including Implementation Organizations, Donors, Investors, volunteers, validators, participants, and general Users.

3.      Circumstances Where No Refunds Apply 

The Company will not provide refunds under any circumstances whatsoever, including under the following circumstances:

a)      Any form of account termination or suspension as outlined in Section 6 of the Terms;

b)      Non-utilization of Platform features or User dissatisfaction with services;

c)      Technical issues, maintenance, or Platform downtime;

d)      Changes in Platform features, functionality, or service offerings;

e)      Force Majeure Events as defined in Section 10.4 of the Terms;

f)       Changes in applicable laws, regulations, or governmental policies;

g)      Breach of Terms and Conditions or policy violations by Users;

h)      Third-party service disruptions, payment processor issues, or external factors;

i)     Failure to achieve intended outcomes or changes in Program objectives; and

j)        Any other reason whatsoever, whether specified herein or not.

4.       User Acknowledgment and Acceptance

By accepting the Company’s Terms and by using the Platform and making any payment, Users (as defined in the Company’s Terms) specifically acknowledge that:

a)      All payments represent fair consideration for the Services, Platform maintenance, and other administrative costs already incurred by the Company;

b)      The non-refundable fee structure is a material term of the arrangement between them and the Company; and 

c)      They have fully read and understood this Policy before making payments.   

5.       Integration with Terms and Conditions

5.1.    This Policy is incorporated by reference into and forms an integral part of the Company's Terms. Users must comply with both documents when accessing or using the Platform.

5.2.    In case of any conflict between this Policy and the Terms, the Company’s Terms shall prevail. Where both documents contain no-refund provisions, the most restrictive provision shall apply.

6.       Exceptions and Discretionary Relief

6.1.    No Exceptions: There are absolutely NO EXCEPTIONS to this No Refund Policy. The Company will not provide refunds, partial refunds, credits, or any form of monetary reimbursement under any circumstances whatsoever.

6.2.    Discretionary Goodwill: The Company may, at its sole discretion, provide goodwill gestures or alternative arrangements. Such actions:

a)      Create no legal obligation, precedent, or expectation;

b)      Do not constitute a waiver of this Policy;

c)      Remain entirely within the Company's unreviewable discretion; and

d)      Cannot be demanded or legally enforced by Users.

7.       Payment Processing and Finality

7.1.    Payment Finality: All payments are processed and considered final upon successful completion of the payment transaction, regardless of the payment method used.

7.2.    Partial Payment Finality: Where payments are made in instalments, phases, or parts, each individual payment becomes final and non-refundable upon successful processing, regardless of:

a)      Whether subsequent payments remain due or outstanding;

b)      Completion status of the total payment obligation;

c)      Service utilization corresponding to the partial payment amount;

d)      Any subsequent payment failures or defaults; or

e)      Termination of services before full payment completion.

Users remain liable for all outstanding payment obligations regardless of service termination, account suspension, or early contract termination.

7.3.   Third-Party Processors: Where payments are processed through third-party payment processors, Users acknowledge that:

a)      The Company's no-refund terms supersede any refund policies of payment processors (if any);

b)     They have read, understood and have accepted the relevant terms and conditions or such other applicable agreements of their respective financial institution(s) or the relevant third-party payment processor. The Company shall not be responsible or liable for any payment processing services provided by such third-parties including for (but not limited to) payment failures and chargebacks thereof;

c)      The Company will contest any unauthorized chargebacks; and  

d)      Users remain liable for all fees and charges as set out in the Terms regardless of payment disputes.

7.4.    Currency and Exchange: All payments made in foreign currencies are subject to exchange rate fluctuations, and no adjustments or refunds will be provided due to such fluctuations. The User making such payments in foreign currencies shall solely and exclusively be responsible for compliance with the Foreign Exchange Management Act, 1999 and all applicable rules and regulations made thereunder and for ensuring compliance with all applicable notifications, circulars, regulations, directions and guidelines issued by the Reserve Bank of India with regard to such foreign currency payments.    

8.        Policy Clarifications

Users may seek clarifications about the meaning and scope of this Policy  by contacting the Grievance Officer and designated Data Protection Officer: Reshma Sanyal | Contact: dataofficer@tashi.in. Please note that requests for refunds or discounts shall not be entertained by the Grievance Officer and designated Data Protection Officer.

9.        Miscellaneous

9.1      Severability: If any provision of this Policy is deemed invalid, void, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

9.2      Governing Law: This Policy is governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

9.3      Binding Nature: This Policy creates binding legal obligations on all Users and shall be enforceable in accordance with its terms and applicable law.

IMPORTANT NOTICE: By accepting the Company’s Terms and accessing or using the Platform, making any payment, or engaging with the Company's services in any manner, you acknowledge that you have read, understood, and agree to be bound by this No Refund Policy and the Company's Terms and Conditions. This acknowledgment constitutes your informed consent to all terms contained herein.