GENERAL TERMS AND CONDITIONS FOR LAZYPAY PRIVATE LIMITED.
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1 INTRODUCTION
- 1.1 These general terms and conditions (General Terms and Conditions) are applicable to the use of the website www.lazypay.in, LazyPay mobile application, and any other linked pages, products, software, features,or other application services (LPL Portals) offered and managed by LazyPay Private Limited, a company incorporated under the Companies Act, 2013,having its registered office at Empresa Building, Sixth Floor, Second Road, Khar West, Mumbai, Maharashtra, 400 052, India, its corporate office at 9th Floor, Bestech Business Tower, Sector 48, Gurgaon, Haryana –122003and its branch office at Unit bearing no. 214, 1st Floor, DLF South Court Mall, Saket, New Delhi 110017(LPL).
- 1.2 LPL may from time to time offer or distribute different types of services, including but not limited to,buy now pay later option, short term credit facilities, prepaid payment instruments,and neo-banking services (LPL Services and each a LPL Service) through LPL Portals,either alone or in collaboration with:(i) providers of different products and services (Partner Merchants);and/or (ii) banks, issuers of prepaid instruments, non-banking financial institutions, insurance companies, mutual funds,and other financial institutions (Partner Financial Institutions). These General Terms and Conditionstogether with any rules, guidelines, policies, agreements,or other terms and conditions applicable to a specific LPL Service (Specific Terms and Conditions) and all other applicable rules, guidelines, policies etc. of LPL as set out on LPL Portals or incorporated herein by way of reference and which are applicable for the purpose of accessing and using LPL Portals,comprise or will comprise the complete terms and conditions applicable to that particular LPL Service (LPL Terms and Conditions). If,on a particular matter,there is a conflict between these General Terms and Conditionsand the Specific Terms and Conditions, the provisions of such Specific Terms and Conditions will prevail in relation to that particular matterto the extent of the conflict.
- 1.3 The LPL Terms and Conditions for each LPL Service should be read together with all rules, guidelines, policies, and terms and conditions specified by the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, for that LPL Service.
- 1.4 Please read the LPL Terms andConditions carefully before registering on, accessing, browsing, downloading,or using any LPL Service offered on LPL Portals or any electronic device. Any person logging on to or using LPL Portals (hereinafter You or User), even when such person does not avail any LPL Service offered on LPL Portals, shall be deemed to have, and treated by LPL to have read and irrevocably and unconditionally accepted the LPL Terms and Conditions (including for the avoidance of doubt, Specific Terms and Conditions for each LPL Service). We also recommend that You read the Frequently Asked Questions (FAQs) if any available at www.lazypay.in.
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2 ACCEPTANCE
- 2.1 User Eligibility
The access to LPL Portals and LPL Services is only available to a person who is competent to enter into legally binding contracts under the Indian Contract Act, 1872. The access to LPL Portals and LPL Services is not available to anyone previously removed by LPL from accessing LPL Services and/or LPL Portals, unless permitted by LPL at its sole discretion. - 2.2 Representations
If You access LPL Portals, You represent to LPL that:- 2.2.1 You are a human being and not a bot;
- 2.2.2 You are 18 years of age or older;
- 2.2.3 You are competent to enter into legally binding contracts under the Indian Contract Act, 1872;
- 2.2.4 You are not barred or otherwise legally prohibited from accessing or using LPL Portals and/or LPL Services under the laws of India or by LPL; and
- 2.2.5 You are an Indian national who is a tax resident of India and that You are not a tax resident of the United States of America or any other country.
- 2.3 The eligibility criteria for each LPL Service will be specified in the Specific Terms and Conditions for that LPL Service. For availing any LPL Service, You will be required to meet the eligibility criteria specified in the Specific Terms and Conditions for that LPL Service in addition to the criteria set out above.
- 2.4 By registering on, accessing, browsing, downloading, or using LPL Portals or any LPL Service, You irrevocably and unconditionally agree and acknowledge that:
- 2.4.1 LPL Terms and Conditions form a legally binding contract betweenYou and LPL in connection with the use of the relevant LPL Service(s) and/or LPL Portal(s);
- 2.4.2 LPL has the right to amend, add, remove, and/or modify any portions of the LPL Terms and Conditions, from time to time, without notice to You, and You agree to comply with such amended LPL Terms and Conditions. Once posted, those changes will be effective immediately unless stated otherwise. LPL will update You on an annual basis or as otherwise prescribed under applicable law of all the changes or amendments made by LPL to the LPL Terms and Conditions. It is hereby clarified that any change or amendment made by LPL to LPL Terms and Conditions will come into effect immediately upon posting (unless otherwise specified) and not on the day on which LPL notifies You of those changes. Any failure or delay by LPL to update You of the changes or amendments to the LPL Terms and Conditions will not impact the validity and effectiveness of those changes or amendments. You will be responsible for reviewing, and You will review, LPL Terms and Conditions and LPL Portals for any updates or changes on a regular basis. Continued access or use of LPL Portal(s) and/or LPL Service(s) constitutes Your irrevocable and unconditional acceptance of the amended LPL Terms and Conditions;
- 2.4.3 You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity;
- 2.4.4 You agree that it is Your responsibility to independently evaluate, or obtain independent advice from a competent professional of, the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through LPL Portals specifically or on the internet generally;
- 2.4.6 if at any time You do not agree with the LPL Terms and Conditions for a LPL Service or do not wish to be bound by the relevant LPL Terms and Conditions, You shall immediately cease Your use of the relevant LPL Service and forthwith make payment of all outstanding amounts due to LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s) in accordance with the Specific Terms and Conditions for that LPL Service. You shall be bound by and shall continue to adhere and abide by the LPL Terms and Conditions for a LPL Service, for so long as You avail that LPL Service or owe any amount to LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, in relation to that LPL Service.
- 2.1 User Eligibility
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3 LPL SERVICES
As long as You accept and comply with LPL Terms and Conditions, LPL grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use LPL Portals and/or avail all or some of LPL Services. The availing of any LPL Service(s) by You shall also be subject to compliance with all the rules, guidelines, policies, terms, and conditions specified by the Partner Merchant(s), and/or the Partner Financial Institution(s), as the case may be, for that LPL Service(s). You hereby consent and agree to comply with the rules, guidelines, policies, terms and conditions, instructions, requests, etc., as may be specified by LPL, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, from time to time, in relation to each LPL Service availed or to be availed by You.
- 3.1 Account
- 3.1.1 Registration
In order to access LPL Portals, You need to open a User’s account with LPL, register on the relevant LPL Portal(s) and complete the authentication process through one of the methods of authentication specified on the LPL Portal(s), including but not limited to, entering the one-time password(OTP)issued by LPL to You on Your registered mobile number. Your access to LPL Portal(s) will be linked to Your mobile device. You agree and acknowledge that Your location details may be tracked during the registration process. You may be required to open additional accounts for the purpose of availing different LPL Services. The terms of and processes for opening an account in respect of a particular LPL Service shall be as set out in the Specific Terms and Conditions for that LPL Service - 3.1.2 Account Data Confidentiality and Verification
- (i) At the time of registration of Your account, You are obliged to provide correct and complete information. The login data is intended solely for Your personal use and therefore, is always to be kept secret and safe. You are not entitled to share the login details with third parties for using LPL Services or to disclose these otherwise.
- (ii) LPL may require You to provide additional information to verify Your identity as a condition of providingLPL Service(s) to You or before LPL permits You to use LPL Service(s) through Your relevant account.
- (ii) You acknowledge and agree that You shall be solely responsible for immediately notifying LPLby contacting on wecare@lazypay.in of any change in Your e-mail address and/or mobile number registered with LPL.
- 3.1.1 Registration
- 3.2 Arrangements with Partner Merchants and Partner Financial Institutions
- 3.2.1 Where any products and/or services are made available to You through any Partner Merchant or Partner Financial Institution, such products and/or services will be provided on an as is and as available basis, without any representations and warranties, express or implied by LPL. LPL does not make any representations pertaining to the information, content, products and/or services listed or included on or delivery of any such products and/or services to You through any Partner Merchant or Partner Financial Institution and only acts as an intermediary between You and the Partner Merchant and/or the Partner Financial Institution, as the case may be, in addition to providing any services or acting as a service provider or facilitator to any Partner Merchant and/or Partner Financial Institution. You explicitly agree, acknowledge and confirm that LPL is not responsible in any way for the products and/or services purchased and/or availed by You from any Partner Merchant and/or Partner Financial Institution.
- 3.2.2 You hereby acknowledge and agree that LPL shall not be liable for failure of any transaction undertaken by You on any Partner Merchant’s or Partner Financial Institution’s platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner Merchant or the Partner Financial Institution, deficiency of products and/or services delivered and/or technical errors on the Partner Merchant’s or the Partner Financial Institution’s platform.
- 3.2.3 You acknowledge and agree that You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on any Partner Merchant’s or Partner Financial Institution’s platform due to Your failure in complying with the LPL Terms and Conditions or due to any other reason and LPL shall have no liabilities in this regard.
- 3.2.4 You further agree, acknowledge, and confirm, irrevocably and unconditionally, that under the aforesaid circumstances,Your only recourse will be against the relevant Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, and LPL will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself on the one hand and the Partner Merchant(s) and/or the Partner Financial Institution(s)on the other, as the case may be.
- 3.3 Mechanics of payment transactions
The mechanism for payment in respect of each LPL Service shall be as set out in the Specific Terms and Conditions for that LPL Service. Please carefully read through the Specific Terms and Conditions for a particular LPL Service to apprise Yourself of the payment mechanism and procedure for that LPL Service. - 3.4 KYC check and authentication documents
For availing some LPL Services, You may be required to provide certain Know Your Customer(KYC) and other authentication documents as prescribed under applicable law and as specified under the relevant Specific Terms and Conditions. Please carefully read through the Specific Terms and Conditions for a particular LPL Service to apprise Yourself of the KYC documents required for that LPL Service. - 3.5 Communications and Information
- 3.5.1 LPL may send alerts to the mobile phone number provided by You while registering with LPL Portal(s) for any LPL Service or on any updated mobile number subsequently provided by You. LPL may also send alerts via e-mail or push notifications.
- 3.5.2 You will be able to receive the alerts sent: (a)via short messaging service (SMS), only if the mobile phone is in On mode to receive the SMS, (b) via e-mail, only if the e-mail servers and e-mail ids are functional, and (c) via push notifications, only if You have enabled the receipt of such notifications. If the mobile phone is in Off mode or if the e-mail servers or email-ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
- 3.5.3 LPL will make reasonable efforts to provide alerts via SMSs, e-mails or push notifications and it shall be deemed that You shall have received the information sent by LPL as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using of LPL Portal(s) or availing of any LPL Service. LPL shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. LPL shall not be liable for non-availability of the SMSs, email alerts, or push notifications service in any manner whatsoever.
- 3.6 Territorial Restrictions
The territorial restrictions of each LPL Service shall be as set out in the Specific Terms and Conditions for that LPL Service. Please carefully read through the Specific Terms and Conditions for a particular LPL Service to apprise Yourself of the territorial restrictions that apply in relation to that LPL Service.
- 3.1 Account
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4 SUBMISSION OF PERSONAL INFORMATION
- 4.1 You agree that all the personal information You provide to LPL, the Partner Merchant(s),and/or the Partner Financial Institution(s) upon registration, at the time of availing any LPL Service and at all other times including information such as name, address, contact number, and KYC details, will be true, accurate, current, and complete. You agree to maintain and update the personal information and to keep the personal information true, accurate and complete at all times.
- 4.2 If You provide any personal information that is untrue, inaccurate, not current, or incomplete, LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, shall have the right to suspend or terminate Your account and refuse any and/or all LPL Services. LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, shall not be liable in any manner whatsoever for any loss or damage incurred by You or any dispute initiated by or against You, due to any untrue, inaccurate, not current, or incomplete personal information provided by You.
- 4.3 You also acknowledge that LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, may obtain, verify, or receive information relating to You from other service providers, financial institutions and/or governmental agencies in connection with the offering of LPL Services.
- 4.4 The personal information provided by You, together with personal information received by LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, from third parties or generated in the course of You accessing the LPL Portals and/or using LPL Services are collectively referred to as Personal Information.
- 4.5 You hereby agree that Your Personal Information shall be collected, handled, stored, analysed, and used by LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, for the purpose of providing You access to LPL Portals, enabling the use of LPL Services and to comply with applicable law. Your Personal Information shall be collected, handled, stored, analysed, and used by LPL in accordance with its privacy policy available at https://lazypay.in/privacy-policy, as amended from time to time (LPL Privacy Policy). You hereby irrevocably and unconditionally accept the LPL Privacy Policy. In case of any discrepancy between the terms of the LPL Terms and Conditions and the LPL Privacy Policy pertaining to handling, processing, using, sharing, disclosing, etc. of Your Personal Information, the terms of the LPL Privacy Policy shall prevail.
- 4.6 You further agree that such Personal Information may be displayed, automatically or otherwise, upon logging into Your account and/or initiating any transaction on the Partner Merchant’s or the Partner Financial Institution’s platform, as the case may be. Please note that some of Your information, including Personal Information required to service Your account, is readily available on LPL Portal(s) and only viewable by You by logging on to the relevant LPL Portal(s).
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5 PROMOTIONAL OFFERS
You irrevocably and unconditionally authorise and consent to receive from the Partner Merchant(s), the Partner Financial Institution(s) and LPL; their affiliates or group companies; their business partners; and their employees, agents, and associates, promotional offers, deals, marketing materials and promotional material sthrough telephone calls, e-mail, text message or any other electronic means. You irrevocably and unconditionally confirm that laws in relation to unsolicited communications referred in National Do Not Call Registry as laid down by Telecom Regulatory Authority of India will not be applicable for such communications, telephone calls, emails, text messages or communication through any other electronic means received from the Partner Merchant(s), the Partner Financial Institution(s),and LPL; their affiliates or group companies; their business partners, and their employees, agents, and associates.
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6 Disclaimer for 3rd Party Campaigns
- 6.1 LPL Portals may contain links to a number of third party websites offering products and/or services. Please note that these are only marketing campaigns for such third parties and are not offers or invitations to make an offer by LPL, thePartner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, to enter into any kind of an arrangement. The links to the third party websites are not based on a consideration of Your personal circumstances nor are these results of objective or independent research.
- 6.2 Upon clicking a specific third party link, You will be directed to the respective third party’s page offering the product or service. You irrevocably and unconditionally understand and acknowledge that: (i) You are clicking on the third party link as per Your sole discretion; (ii) accessing the third party websites shall not mean approval by the third party for such products and/or services; (iii) LPL, the Partner Merchant(s),and/or, the Partner Financial Institution(s), as the case may be, shall not be liable for the accuracy of the information being shared on the third party website and cannot be held liable for any claims, losses or damages. It is Your sole responsibility to independently evaluate or obtain independent advice from a competent professional of the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on third-party websites; (iv) LPL, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, shall not be making any representations or warranties, expressed or implied, in respect of the products or services offered on such third party websites or as to the results obtained from such third party products or services, and LPL, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, shall not be providing advice or making an offer, solicitation, invitation, or recommendation to buy or avail products or services offered on such third party websites; and (v) LPL, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, takes no responsibility for the content of any third-party site. Links to third-party websites are provided solely for the purpose of directing You to the respective websites for Your convenience and information and accessing such websites and undertaking any transactions on such websites is at Your own risk, and LPL, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, shall not be liable or responsible for any consequence of You accessing such websites and undertaking any transactions on such websites.
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7 LIMITATION OF LIABILITY
- 7.1 You acknowledge that the liability of LPL with respect to a LPL Service shall be limited and shall be as per these General Terms and Conditions and the Specific Terms and Conditions for that LPL Service.
- 7.2 You acknowledge that LPL Portals and LPL Services are being provided on an as is and as available basis and may be interrupted while browsing, transacting, using, or uploading information on the Partner Merchants website/ platforms, the Partner Financial Institutions website/ platforms and/or LPL Portals, as the case may be.
- 7.3 You agree and confirm that LPL Services are being provided by LPL on a reasonable efforts basis with reasonable efforts to keep these valid and subsisting. LPL shall not in any manner be liable to You for any failure or delay in providing LPL Services.
- 7.4 You assume the entire risk of using LPL Portals and LPL Services. To the maximum extent permitted by applicable law, in no event shall LPL be liable to You for any special, incidental, indirect, punitive, or consequential damages whatsoever (including, without limitation, damages for loss of goods or services, loss of profits, business interruption, loss of information, or any other pecuniary or other loss) arising out of the use of, or inability to use or have access of LPL Portals and LPL Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of LPL Portals, whether or not foreseeable and whether or not LPL has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, Your use of, or access to, LPL Portals and LPL Services. Further, LPL shall not be liable to You for any temporary disablement or permanent discontinuance of the services by LPL or for any consequences resulting from such actions.
- 7.5 LPL shall not be liable for its failure to perform under the LPL Terms and Conditions as a result of occurrence of any events beyond its reasonable control including, without limitation, events such as an act of God, fire, wars, sabotage, civil unrest, labour unrest, outbreak of pandemics or epidemics, action of statutory authorities or local or central governments, and/or change in applicable law, that may affect the performance of LPL, the Partner Financial Institution(s), the Partner Merchant(s) and/or any payment gateway or any other integration used by LPL.
- 7.6 You acknowledge and agree that LPL has offered LPL Services, set its prices, and set out LPL Terms and Conditions in reliance upon the warranty-disclaimers and the limitations of liability set forthherein, that the warranty-disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and LPL, and that the warranty-disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and LPL. LPL would not be able to provide LPL Services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability onincidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, the liability of LPL will be limited to the fullest extent permitted by applicable law.
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8 INDEMNIFICATION
- 8.1 You hereby indemnify and agree to indemnify, save, and hold LPL, its affiliates, employees, officers, directors and partners(including agents and service providers)harmless from any and all claims, losses, damages, liabilities, costs and expenses including, without limitation, legal fees and expenses, arising out of or related to: (i) Your use or misuse of LPL Services or of LPL Portals; (ii) any violation by You of these General Terms and Conditions or the Specific Terms and Conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein.
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9 PROHIBITED CONDUCT
- 9.1 While accessing or using LPL Portals and/or while availing LPL Services, You irrevocably and unconditionally agree not to:
- 9.1.1 violate the LPL Terms and Conditions;
- 9.1.2 avail LPL Services with funds that may have been obtained illegally or fraudulently or from sources not permitted under applicable law;
- 9.1.3 infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- 9.1.4 post, transmit, modify, store, update, or share any message or content which is libellous, defamatory, racially or ethnically objectionable, or which discloses private or personal matters concerning any person;
- 9.1.5 post, transmit, modify, store, update, or share any message, data, image or program which is pornographic, vulgar, paedophilic, offensive in nature, or which is harmful to a child;
- 9.1.6 post, transmit, modify, store, update, or share any message, data, image or program which threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order, or which causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation;
- 9.1.7 post, transmit, modify, store, update, or share any message, data, image or program which is false or untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- 9.1.8 refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to LPL;
- 9.1.9 remove, circumvent, disable, damage, or otherwise interfere with security related features of LPL Portals or features that enforce limitations on the use of LPL Services or LPL Portals;
- 9.1.10 reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any LPL Services or of LPL Portals or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- 9.1.11 use LPL Services or LPL Portals in any manner that could damage, disable, overburden, or impair these, including, without limitation, using LPL Services or LPL Portals in an automated manner;
- 9.1.12 use any robot, spider, other automatic device, or manual process to monitor or copy LPL Portals, in whole or in part, without prior written permission of LPL;
- 9.1.13 take any action that imposes an unreasonably or disproportionately large load on the infrastructure / network of LPL;
- 9.1.14 sell LPL Services, information, or software associated with or derived from these;
- 9.1.15 use the facilities and capabilities of LPL Portals to conduct any activity or solicit the performance of any illegal activity or any activity that is unlawful or forbidden under applicable law or under the LPL Terms and Conditions or other activity which infringes the rights of others; and
- 9.1.15 use LPL Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to LPL, a third party or You;
- 9.1 While accessing or using LPL Portals and/or while availing LPL Services, You irrevocably and unconditionally agree not to:
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10 TERMINATION
- 10.1 LPL may forthwith terminate and/or suspend, in whole or in part, Your account, the LPL Terms and Conditions, LPL Service(s) and access to LPL Portals, for any reason including for reasons of breach of the LPL Terms and Conditions.
- 10.2 You may terminate Your arrangement with LPL in relation to any LPL Service in the manner specified in the Specific Terms and Conditions for that LPL Service.
- 10.3 In the event of any termination or suspension of any LPL Service or Your account, You shall continue to remain liable to pay in full all amounts due and payable to LPL, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, in relation to that LPL Service and shall not be discharged from Your obligation to comply with all applicable LPL Terms and Conditions until such amounts are paid in full.
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11 NOTICES
- 11.1 All notices, requests, demands, waivers, queries, and other communications required or permitted to be
given hereunder in relation to LPL Services under the LPL Terms and Conditions, shall be emailed at wecare@lazypay.in if to LPL and if to You, it shall be sent via email on Your email address registered with LPL or through SMS/ WhatsApp or other electronic means on Your mobile number registered with LPL or on any updated email address or mobile number supplied by You to LPL (if any). Such notices shall be deemed to have been received by You when LPL sends the notice to the email address or mobile number registered with LPL. - 11.2 Any other notices, requests, demands, waivers, complaints, queries, and other communications arising out of any Partner Merchant’s and/or Partner Financial Institution’s acts or omissions, including but not limited to those relating to deficiency of service, quality, merchantability or fitness of products or services, shall be resolved between You and the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, only and LPL shall neither be a necessary nor a proper party to any such notices, requests, demands, waivers, complaints, queries, and other communications and shall have no responsibility or liability whatsoever in this regard.
- 11.1 All notices, requests, demands, waivers, queries, and other communications required or permitted to be
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12 GRIEVANCE REDRESSAL MECHANISM
In the event You have any grievance or complaints in relation to any LPL Service, You may raise Your complaint in accordance with the grievance policy of LPL available at https://lazypay.in/blog/grievance-policy/.
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13 GOVERNING LAW AND JURISDICTION
- 13.1 The LPL Terms and Conditions shall be governed by the laws of India.
- 13.2 TYou agree that if any dispute(s) or difference(s) shall arise between You and LPL (Parties) in connection with or arising out of or relating to the LPL Terms and Conditions, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a written notice (Disputes Notice) from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions.
- 13.3 If the said dispute(s) cannot be settled by mutual discussions within the 30 (thirty) day period specified above, such disputes(s) shall be referred to arbitration for final resolution in the manner provided herein. The Parties shall mutually appoint a sole arbitrator within 60 (sixty) days from the date of the Disputes Notice who shall resolve such dispute(s) in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time (Arbitration Act).
- 13.4 If the Parties fail to appoint a sole arbitrator in accordance with the procedure aforesaid and within the time period as specified above, such sole arbitrator shall be appointed in accordance with the provisions of the Arbitration Act. The arbitration proceedings shall be held in English language with the seat of the arbitration being Delhi. Subject to the arbitration agreement as mentioned above, the courts and tribunals at Delhi shall have the exclusive jurisdiction over any dispute(s) or difference(s) as described above.
- 13.5 This Clause is for the benefit of LPL only. You irrevocably and generally consent in respect of any proceedings anywhere in connection with the LPL Terms and Conditions and to the giving of any relief or the issue of any process in connection with those proceedings including, without limitation, the making, enforcement or execution against any assets whatsoever (irrespective of their use or intended use) of any order or judgment which may be made or given in those proceedings. To the fullest extent allowed by law, LPL may take concurrent proceedings in any number of jurisdictions.
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14 INTELLECTUAL PROPERTY
- 14.1 You acknowledge that LPL is the sole and rightful owner of the intellectual property of LPL and You agree not to register, use or file in Your own name or in the name of any other person or entity, any trademarks that are same or similar or resemble in any manner with the intellectual property of LPL and not to associate the intellectual property with Your or their businesses, except for the purpose as specified in the LPL Terms and Conditions. In this regard intellectual property shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, trademark, brand name, service mark, trade name, design, logo, know-how and trade secrets belonging to LPL, whether registered or not.
- 14.2 Nothing contained herein shall authorize You to use, display, or exploit the intellectual property of LPL without the prior written consent of LPL and all content on LPL Portals and LPL Services is the copyright of LPL except for third party content and any link to third party websites.
- 14.3 The information provided on LPL Portal(s) is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility and liability for its use. LPL does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of LPL Portals, or the quality of any products or services, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with LPL Portals..
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15 MISCELLANEOUS
- 15.1 No Partnership
The LPL Terms and Conditions constitute a principal-to-principal relationship between the Parties and are not intended to and do not create any agency relationship. LPL Services provided by LPL and when availed by You from the Partner Merchant(s) and/ or the Partner Financial Institution(s), as the case may be, are being provided by LPL as an independent entity and nothing contained herein shall be deemed: (i) to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties or any of its/their affiliates or subsidiaries; or (ii) to provide either You or LPL with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. - 15.2 Assignment LPL may assign, in whole or in part, the rights or obligations of the LPL Terms and Conditions to: (i) its associates, affiliates or any other group company; or (ii) any other company in any circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of a similar nature. It is clarified that LPL shall not require Your approval or consent for the above assignment. LPL may, at its sole discretion, provide notice of such assignment to You. You shall not assign, in whole or in part, Your rights or obligations under the LPL Terms and Conditions without the prior written permission of LPL.
- 15.3 Waiver
- 15.3.1 Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy hereunder by LPL shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies by LPL, and no single or partial exercise of any right or remedy hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy by LPL. The rights and remedies provided to LPL in the LPL Terms and Conditions or conferred by applicable law, common law, custom, trade, or usage, are cumulative and not exclusive of any other rights or remedies and may be enforced successively or concurrently. Your obligations hereunder will remain in full force and shall not be affected, impaired, diminished or extinguished by any act, omission, default, matter or thing (including anything which, but for this clause, would have discharged You (wholly or in part) or would have afforded You any legal or equitable defence) except the full, prompt and complete performance of all the terms, undertakings and conditions of the LPL Terms and Conditions, including the due and punctual payment of all amounts that may become due to LPL, Partner Merchant(s) and/or Partner Financial Institution(s) under the LPL Terms and Conditions.
- 15.3.2 If at any time, any provision of the LPL Terms and Conditions is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, the legality, validity or enforceability of the remaining provisions will not be affected or impaired in any manner. In such event, LPL shall have the right to amend the terms of the LPL Terms and Conditions such that the commercial intent of the LPL Terms and Conditions and the interests of LPL are protected in the same manner as originally contemplated under the LPL Terms and Conditions.
- 15.4 Survival The terms and provisions of the LPL Terms and Conditions which by their nature and intent are intended to survive the termination hereof shall so survive the termination of the LPL Terms and Conditions.
- 15.5 Partial Invalidity Each of the rights, powers and remedies of LPL under the LPL Terms and Conditions: (i) are in addition to, and not in derogation of, other rights and remedies of LPL given by contract or by applicable law independent of the LPL Terms and Conditions; (ii) may be exercised even if this involves a conflict of duty or LPL has a personal interest in its exercise; and (iii) is not affected by any payment, settlement or anything which might otherwise affect them at law.
- 15.6 Non-Exclusive Basis It is agreed and clarified that the arrangement set out in the LPL Terms and Conditions between the Parties is on a non-exclusive basis.
- 15.1 No Partnership
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By accepting these General Terms and Conditions in such mode as may be specified by LPL from time to time, or by virtue of usage of LPL Portals and availing of any LPL Service, or by virtue of the continued usage or availment thereof, You:
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- a) confirm that You are eligible under applicable law to enter into a valid contract and confirm that the LPL Terms and Conditions constitute a valid, binding and enforceable contract between You and LPL;
- b) accept these General Terms and Conditions as displayed on LPL Portal; and
- c) consent to receive communications, notices and information from LPL electronically through e-mail, text message or any other electronic means. Electronic communications shall be deemed to have been received by You when LPL sends the electronic communication to the email address or mobile number provided by You upon registration, at the time of availing a LPL Service and at all other times, or when LPL posts the electronic communication on LPL Portals.
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This document is published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.