Terms of Service for Gift Card-Vouchers

1   INTRODUCTION

• 1.1  These terms of service (Terms of Service) apply to gift cards or gift vouchers (Gift Cards-Vouchers) issued by the respective Gift Card-Vouchers issuers and are in addition to the Privacy Policy available at https://lazypay.in/privacy-policy/ (Privacy Policy). To the extent the Privacy Policy is inconsistent with these Terms of Service, these Terms of Service shall prevail with respect to the Gift Cards-Vouchers only.
• 1.2   By clicking the “Confirm and Continue” button below, You hereby expressly, irrevocably, and unconditionally confirm, accept, and agree to be bound by these Terms of Service.

2   REGISTRATION REQUIREMENT

• 2.1  Only those customers who have registered on the LazyPay mobile application and/or the website https://lazypay.in/ (collectively referred to as the LazyPay Platforms) and have a valid and active LazyPay account or a LazyPlus account, on the LazyPay Platform shall be entitled to purchase the Gift Card-Vouchers on the LazyPay Platform.

3   USE

• 3.1  Your use of the Gift Cards-Vouchers shall be subject to the terms of use of the issuer of such Gift Cards-Vouchers as provided on the LazyPay Platform.
• 3.2   Your use of the Gift Cards-Vouchers shall be at your sole risk and neither LazyPay Private Limited (hereinafter referred to as LPL) nor any of LPL affiliate companies are responsible or be liable for the Gift Cards-Vouchers once issued to You.

4   REDEMPTION

• 4.1  You can purchase Gift Cards from the LazyPay Platforms only by making a payment through the payment modes available on the check-out page on the LazyPay Platform.
• 4.2  Kindly note that neither the LazyPlus credit facility sanctioned to You by PayU Finance India Private Limited nor the deferred payment option/buy-now pay-later option provided to You by LPL, can be utilized by You for purchasing the Gift Cards-Vouchers from the LazyPay Platform.
• 4.3  Gift Cards-Vouchers may only be redeemed toward the purchase of eligible products on any third-party merchants that are enabled to accept the Gift Cards-Vouchers. These purchases are deducted from Your Gift Card-Voucher balance. Any unused Gift Card-Voucher balance will remain associated with You and can be applied to purchases, in order of earliest expiration date. If a purchase exceeds Your Gift Card-Voucher balance, the remaining amount must be paid by other payment modes available on websites/mobile applications of third-party merchants.
• 4.4  You understand that the Gift Cards-Vouchers which You purchase are redeemable for goods or services by the seller of such goods and services. You understand and acknowledge that LPL is not the seller of the goods and services and the issuer of such Gift Card-Vouchers and Viverati Interactive Marketing Private Limited (Posh Vine) are solely responsible and liable for the redemption of the Gift Cards-Vouchers which You have purchased on the LazyPay Platform. You understand and agree that LPL is not responsible or liable for the delivery or the quality or performance of the same.
• 4.5  Gift Cards-Vouchers, including any unused Gift Card-Voucher balances, are valid for a maximum period as specified in the respective Gift Card-Voucher terms and conditions as available on LazyPay Platform or otherwise.
• 4.6  Gift Cards-Voucher cannot be used to purchase other gift cards or gift vouchers. Gift Cards-Vouchers cannot be reloaded, resold, transferred for value or redeemed for cash.
• 4.7  For any issues relating to Gift Card-Voucher etc. You will have to reach out at the contact details mentioned in Clause 11 below. You agree and acknowledge that LPL is only acting as a facilitator/sub-distributor here. You hereby irrevocably and unconditionally agree and undertake that You will not hold LPL liable or responsible for any claim or refund or compensation in relation to any Gift Card-Vouchers purchased by You on the LazyPay Platform.
• 4.8  LPL make no representation or warranty that LPL and/or LazyPay Platform will always be accessible without interruption.

5   NO CANCELLATION

• 5.1  Gift Cards-Vouchers once purchased by You, cannot be cancelled by You. Any cancellations shall be at the sole discretion of Posh Vine and/or at the issuer of the Gift Card-Vouchers.

6   ACKNOWLEDGMENT, CONSENT AND CONFIRMATION OF THE CUSTOMER

• 6.1   LPL shall not be responsible for or liable to the end use of the Gift Cards-Vouchers. You further understand that You shall have no recourse to LPL for the items purchased or services availed by You using the Gift Cards-Vouchers.
• 6.2  You can only purchase the Gift Card-Vouchers amount which would be maximum allowed by LPL.
• 6.3  You are solely responsible for the safety and security of the Gift Cards-Vouchers and your account on LazyPay Platform.
• 6.4  You understand that the final product delivery would be subject to the stock and terms and conditions of the concerned merchant shopping platform from where the products will be purchased by You.
• 6.5  You hereby provide your express consent and confirmation to LPL for sharing your mobile number, email, address, and personal information (including sensitive personal information) with the Gift Card-Voucher issuer or Posh Vine for: (a) the processing of Gift Cards-Vouchers and (b) for the purposes of transaction recording, tracking and fraud prevention, and (c) sharing with regulatory or governmental authorities.
• 6.6  If the beneficiary/Know Your Customer (KYC) details as per RBI Guidelines are found to be incorrect/insufficient, LPL/Posh Vine/ issuer of the Gift Card-Voucher, reserves the right to cancel the Gift Card-Voucher issued and/or not issue the Gift Card-Vouchers to You.
• 6.7  You agree and understand that Gift Cards-Vouchers are a pre-paid payment instrument subjected to regulations and guidelines issued by Reserve Bank of India (RBI) from time to time. LPL/ Posh Vine/ issuer of the Gift Card-Voucher may be required to share KYC details of the purchaser/ redeemer of the Gift Card and/or any other information with relation to the purchase of the Gift Cards and/or transaction undertaken using the Gift Card with RBI or such statutory authorities. LPL/ Posh Vine / issuer of the Gift Card-Voucher may contact the purchaser/redeemer of the Gift Cards-Voucher for any such information.
• 6.8  You confirm, acknowledge, and understand that LPL is neither liable nor responsible to You if the Gift-Card-Voucher is lost, stolen, or destroyed by You.
• 6.9  You confirm and acknowledge that in case Gift Card-Voucher is non-functional, You will raise your complaint or claim or dispute in accordance with the provisions specified in Clause 11 below. LPL is neither liable nor responsible for handling such a claim or dispute or offering replacement Gift Card-Voucher.
• 6.10  You confirm and acknowledge that in case you have any claim or dispute relating to Gift Card Vouchers including but not limited to fairness, accuracy, merchantability, fraud, terms and conditions of the issuer of such Gift Card-Voucher etc. the same shall be raised by You only to Posh Vine or issuer of the Gift Card-Voucher and not LPL. You irrevocably and unconditionally agree and confirm that LPL shall not be liable to handle or settle any such dispute or claims.

7   PERSONAL INFORMATION

• 7.1   The personal information (including sensitive personal information), that is: (a) provided by You to LPL, or (b) collected by LPL from any third party (including the partner lenders of LPL), on the basis of any consent given by You, at the time of registration on the LazyPay Platform or subsequently, shall be collected, stored and used by LPL in accordance with the Privacy Policy, and You hereby confirm your acceptance of the terms and conditions of the aforesaid Privacy Policy after having read and understood the same.
• 7.2   You shall ensure that the personal information (including sensitive personal information) provided by You to LPL upon registration and at all other times will be true, accurate, current, and complete.
• 7.3   You shall always have the option to not provide any personal information or other information about yourselves or otherwise withdraw consent in respect of the personal information or other information provided by You, by communicating the same to LPL on wecare@lazypay.in Upon withdrawal of consent by You, LPL will be absolved of any obligations towards any services offered by LPL to You and the access to the LazyPay Platform. You confirm that upon your withdrawing the consent in relation to the personal information as aforesaid, LPL will not be able to provide to You certain or all services and/or the access to the LazyPay Platform.

8   NO WARRANTY

• 8.1  LPL DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS-VOUCHERS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9   LIABILITY

• 9.1   LPL assume no responsibility or liability for the products purchased by You using the Gift Cards-Vouchers and LPL shall not be liable for any damages whatsoever, whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the You.

10   OTHER TERMS AND CONDITIONS

• 10.1  You confirm that You would like to know through telephonic calls, or SMS or WhatsApp messages on your mobile number(s) provided to LPL, or through any other communication mode, transactional information, various service related offers or schemes or promotional schemes or any other promotional schemes which may be provided by LPL or any of its affiliates or group companies or business partners and hereby authorizes LPL, any of its affiliates, group companies or business partners and their employees, agents, or associates to contact You for any of the aforesaid purposes. You confirm that laws in relation to unsolicited communications as laid down by Telecom Regulatory Authority of India or any entry in the National Do Not Call Registry will not be applicable for any of the aforesaid communications or calls and any such claims that the Customer may have, are hereby irrevocably and unconditionally waived.
• 10.2  You acknowledge that these Terms of Service constitute a legally binding agreement between You and LPL.
• 10.3  You understand that these Terms of Service are in addition to any terms and conditions of Posh Vine or the issuer of the Gift Cards-Vouchers and/or of any requirements specified under applicable laws.

11   GRIEVANCE HANDLING MECHANISM

In case you have any grievance or query, You may reach out to LPL within 30 days from the date of purchase of the Gift Cards-Vouchers in the following manner:

• (a)  Voice support details are 02269821111 (MON to SUN 10 AM to 7 PM); or
• (b)  Email details of the Grievance at wecare@lazypay.in.

LPL endeavors to address all grievances or queries within the below mentioned timelines, except where an investigation is involved in resolving the same:

“Business Days” shall mean means a day on which banks are open for business in Mumbai and New Delhi, not being any day which is a public holiday for the purposes of Section 25 of the Negotiable Instruments Act, 1881.

12   GOVERNING LAW AND JURISDICTION

• 12.1  These Terms of Service shall be governed by, and construed in accordance with, the laws of India.
• 12.2  For any disputes arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of courts at Delhi, India.
• 12.3  You irrevocably and unconditionally agree to indemnify LPL and/or its affiliates for all the claims brought by a third party against LPL or its affiliates arising out of or in connection with a breach of any of these Terms of Services.