DPO TERMS AND CONDITIONS

  • LPL may from time to time offer various services to Partner Merchants and Partner Financial Institutions, including without limitation: (i) in case of BNPL Transactions, collecting monies on behalf of Partner Merchants from Users who have availed the BNPL Option; and (ii) in case of Credit Line Transactions, enabling Users to make payment using the Credit Line Option offered by Partner Financial Institutions.
    These deferred payment option terms and conditions, as updated from time to time (the DPO Terms and Conditions) set out Your rights and obligations in relation to each BNPL Option and/or Credit Line Option availed by You from a Partner Merchant, or, as the case may be, a Partner Financial Institution, and should be read together with: (i) the general terms and conditions that are applicable to the use of LPL Portals as available on LPL Portals (General Terms and Conditions) and all other applicable rules, guidelines and policies of LPL as set out on LPL Portals or incorporated herein by way of reference and which apply to a User while accessing and using LPL Portals; and (ii) and any rules, guidelines, policies and terms and conditions specified by a Partner Merchant or a Partner Financial Institution, as the case may be.

    • 1   DEFINITIONS

      Capitalized terms used but not defined in these DPO Terms and Conditions will have the meanings assigned to those terms in the General Terms and Conditions. In these DPO Terms and Conditions:

      • 1.1  Applicable Law means any constitution, statute, law, equity, regulation, ordinance, rule, judgment, order, decree, authorization, clearance, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing, by any Governmental Authority, whether in effect as of the Effective Date or thereafter and in each case as amended from time to time.
      • 1.2   BNPL Functionality BNPL Functionality means the functionality through which a User is enabled to avail the BNPL Option
      • 1.3   BNPL Option or Buy Now Pay Later Option means the interest free option of buy now pay later in the nature of trade credits as made available by a Partner Merchant to a User for purchase of products and/or services from that Partner Merchant on the relevant Partner Merchant Website or from the physical establishments and outlets of such Partner Merchant, whereby the User can opt for purchasing products and/or services from the Partner Merchant and pay for such products and/or services on a deferred basis as permitted by the Partner Merchant in its discretion.
      • 1.4   BNPL Transaction means the purchase of products or services by a User from a Partner Merchant using the BNPL Option.
      • 1.5   Credit Line Functionality means the functionality through which a User is enabled to avail the Credit Line Option.
      • 1.6   Credit Line Option means an option to pay using a credit line extended by a Partner Financial Institution to a User for purchase of products and/or services from a Partner Merchant on a Partner Merchant Website or from the physical establishments and outlets of a Partner Merchant, whereby the User can opt for purchasing products and/or services from a Partner Merchant and pay for such products and/or services using the credit line made available to such User by a Partner Financial Institution at the sole discretion of such Partner Financial Institution.
      • 1.7   Credit Line Transaction means the purchase of products or services by a User from a Partner Merchant using the Credit Line Option.
      • 1.8   E-mandate means authorization by the User to auto debit a User’s bank account or another form of account such as a wallet through an electronic mandate such as an e-mandate or an e-NACH or through any other mode as may become available from time to time.
      • 1.9   Effective Date means, in relation to a User, the date on which such User accepts these DPO Terms and Conditions.
      • 1.10   Governmental Authority means any: (i) government (central, state or otherwise) or sovereign state; (ii) governmental agency, semi-governmental or judicial or quasi-judicial or regulatory or supervisory or administrative entity, department or authority, court or tribunal or any political subdivision thereof; or (iii) international organization,
        agency or authority, including, without limitation, any stock exchange or any self-regulatory organisation, established under any Applicable Law.
      • 1.11   Intellectual Property means any and all intellectual 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, whether registered or not, belonging to LPL.
      • 1.12   LPL Functionality means the BNPL Functionality or the Credit Line Functionality through which a User is enabled to avail the BNPL Option and/or the Credit Line Option, as the case may be.
      • 1.13   LPL Portals means LPL’s website having URL www.lazypay.in , LazyPay mobile application, and any other linked pages, products, software, features or other application services offered and managed by LPL.
      • 1.14   Partner Financial Institution means a bank or a financial institution who has authorized LPL to offer Credit Line Option under its authorization to Users who are customers of such bank or financial institution in order to enable such Users to make payments using the Credit Line Option.
      • 1.15   Partner Merchant means a merchant to whom LPL provides certain settlement services such as technology enabled settlement services in order to provide the BNPL Option or settlement processing services in order to provide the Credit Line Option, to a User, as the case may be.
      • 1.16   Partner Merchant Website means the website(s) and/or mobile application(s), of a Partner Merchant, as specified by LPL, where the User may use or is permitted to use the BNPL Option provided by such Partner Merchant and/or the Credit Line Option provided by a Partner Financial Institution.
      • 1.17   Registered Phone Number means the phone number of a User through which a User is registered with LPL for availing the BNPL Option or the Credit Line Option.
      • 1.18  Transaction(s) means BNPL Transaction(s) and/ or Credit Line Transaction(s).
      • 1.19  User or You means the person who has accepted these DPO Terms and Conditions in order to avail the BNPL Option from a Partner Merchant and/or the Credit Line Option from a Partner Financial Institution, as the case may be.
    • 2   ACCEPTANCE OF DPO TERMS AND CONDITIONS

      • 2.1   You will be permitted to avail and use the BNPL Option and/or the Credit Line Option on LPL Portals and/or Partner Merchant Websites only upon Your acceptance of these DPO Terms and Conditions and the LPL Privacy Policy. By accepting these DPO Terms and Conditions and the LPL Privacy Policy, You irrevocably and unconditionally agree to be bound by and comply with these DPO Terms and Conditions and the LPL Privacy Policy at all times. Continued use or availment of the BNPL Option and/or the Credit Line Option constitutes and will be deemed to constitute Your acceptance of these DPO Terms and Conditions and the LPL Privacy Policy.
      • 2.2   You also understand and accept that the Partner Merchant and/or the Partner Financial Institution, as the case may be, may have or may impose its own terms and conditions, policies, guidelines, etc. and may also amend those terms and conditions, policies, guidelines, etc. from time to time. You will be responsible for reviewing and you will review such terms and conditions, policies, guidelines etc. for any updates on a regular basis. LPL shall not be responsible for communicating to You any changes made by the Partner Merchant and/or the Partner Financial Institution, as the case may be, to its terms and conditions, policies, guidelines, etc.
      • 2.3   If at any time You do not agree with these DPO Terms and Conditions, You can cease the use of each BNPL Option and the Credit Line Option availed by You by making payment of all outstanding amounts due in connection with each BNPL Option and Credit Line Option availed by You. Notwithstanding the above, You shall be deemed to have agreed to and shall continue to adhere to and abide by these
    • 3   USER ELIGIBILITY AND TERRITORIAL RESTRICTION

      The BNPL Option and/or the Credit Line Option is only available for purchasing goods and/or services
      within the territory of India to a User who:

      • 3.1  
        • 3.1.1   is 18 years of age or older;
        • 3.1.2   is competent to enter into legally binding contracts under the Indian Contract Act, 1872;
        • 3.1.3   is not barred or otherwise legally prohibited from accessing or using LPL Portals and/or LPL Services under the laws of India or by LPL;
        • 3.1.4   is an Indian national and a tax resident of India and not a tax resident of the United States of America or any other country; and
        • 3.1.4   satisfies the eligibility criteria specified by the Partner Merchant in relation to the BNPL Option or the Partner Financial Institution in relation to the Credit Line Option, as the case may be..
      • 3.2   By availing the BNPL Option from a Partner Merchant and/or the Credit Line Option from a Partner Financial Institution, as the case may be, You represent and warrant to LPL that you are a human and not a bot and that you satisfy the criteria specified under Clause 3.1 above.
    • 3.3  For availing the Credit Line Option, You will have to register with the Partner Financial Institution. You will be granted a credit line by such Partner Financial Institution at its sole discretion.
    • 3.4  LPL reserves the right, at any time, to not provide any services to You in connection with the BNPL Option availed from a Partner Merchant and/or the Credit Line Option availed from a Partner Financial Institution, as the case may be, without providing any notice or reason.
    • 3.5 If You have already availed the BNPL Option and You choose to avail credit lines from any affiliate companies of LPL or from any Partner Financial Institution, then You will not be eligible for exercising
      the BNPL Option thereafter.
  • 4   REGISTRATION

    • 4.1   Upon acceptance of these DPO Terms and Conditions, You will be registered with LPL on LPL Portals and a user account will be created for You on LPL Portals (User Account) in the manner specified in Authentication Process under Clause 5.
    • 4.2   In addition to these DPO Terms and Conditions, the terms and conditions relating to creation and use of the User Account, if any, specified on LPL Portals, shall also be applicable to You.
    • 4.3   You are obliged to furnish to LPL all information required for the User Account opening process, and such other information, details, and clarifications as LPL may require from time to time and You will ensure that all information provided by You to LPL is true, correct, accurate, and complete in all respects.
    • 4.4   Each time You avail the BNPL Option or the Credit Line Option, You may be prompted to accept the DPO Terms and Conditions applicable for the Partner Merchant or the Partner Financial Institution, as the case may be. Acceptance of any such new DPO Terms and Conditions will not result in creation of a new User Account with LPL.
    • 4.5   Where you are already an existing registered user on LPL Portals or have signed up for other LPL Service(s), You acknowledge and agree that the terms and conditions of the respective LPL Service(s) availed by You through LPL Portals shall also be applicable.
    • 4.6   In addition to the BNPL Option and/or the Credit Line Option, You will be eligible to avail other LPL Service(s) offered by LPL through LPL Portals provided you satisfy the criteria specified by LPL for the relevant LPL Service.
  • 5   AUTHENTICATION PROCESS

    • 5.1   For undertaking a Transaction, You will be required to: (i) select the LPL Functionality; and (ii) complete the process specified for registration (if applicable) and authentication through one of the methods of a authentication specified by LPL, including but not limited to, entering the one-time password (OTP) issued by LPL to You on Your Registered Phone Number (Authentication Process).
    • 5.2   For the Credit Line Option, authentication of a User and approval of the Credit Line Transaction will be completed by the Partner Financial Institution through LPL. You agree and acknowledge that, in the event You avail the Credit Line Option, LPL will share the necessary information (including Personal Information) in relation to You with the Partner Financial Institution for enabling the completion of the Credit Line Transaction.
    • 5.3   Once You are registered and authenticated through the LPL Functionality and have enabled the auto- debit option, You will be permitted to make subsequent transactions using the BNPL Option or the Credit Line Option, as the case may be, without having to enter an OTP.
    • 5.4   You hereby undertake and agree that: (i) any pin or OTP or password or any unique number issued by LPL in relation to the Authentication Process shall be used only by You and shall not be disclosed to any third party; and (ii) You shall take all the necessary steps, including deleting or destroying all records of the Authentication Process, to ensure that any un-authorized disclosure of the same is prevented.
    • 5.5   You agree to immediately notify LPL of any unauthorized use of Your Authentication Process or any other breach of security. You further acknowledge and agree that LPL, the Partner Merchant and/or the Partner Financial Institution, as the case may be, will not be liable for any costs, expenses, fees, charges, losses, damages or other liability arising from Your failure to comply with these DPO Terms and Conditions, or from any unauthorized access to or use of the pin, the OTP, the password, or any such unique number issued by LPL in relation to any Authentication Process for a particular BNPL Transaction or a Credit Line Transaction by children, minors, Your dependents or any other person. It is hereby clarified that LPL including its affiliates, employees, agents etc. never ask anyone to share pin, the OTP, password, or any such unique number issued by LPL in relation to any Authentication Process or otherwise. Accordingly, it is Your responsibility to ensure that there is no unauthorized disclosure by You to any other person of Your pin, the OTP, password, or any such unique number issued by LPL. You irrevocably and unconditionally acknowledge and agree that You shall be solely liable for any costs, expenses, fees, charges, losses, damages or other liability incurred by You, LPL, the Partner Financial Institution and/or the Partner Merchant, as the case may be, for any fraudulent Transactions, due to or arising from Your failure to comply with these DPO Terms and Conditions or any other reason and LPL shall have no liabilities in this regard.
    • 5.6   You hereby acknowledge that other than issuing the OTP in relation to any Authentication Process for a particular BNPL Transaction or a Credit Line Transaction, LPL has no obligation or liability to verify the BNPL Transactions or Credit Line Transactions entered into, authenticated and/or authorized by You. Each BNPL Transaction and Credit Line Transaction will be deemed to have been undertaken and authorized by You. You will not be permitted to revoke such BNPL Transactions and/or Credit Line Transactions at any time.
  • 6  PAYMENT

    • 6.1   Under the BNPL Option offered by a Partner Merchant, You may be permitted by the Partner Merchant to make payment of the purchase price of the products and/or services (BNPL Transaction Amount) on a deferred basis as offered by the Partner Merchant, subject to the monetary limits specified by the Partner Merchant (BNPL Monetary Limit). You acknowledge and agree that the BNPL Monetary Limit as well as payment terms may be varied or modified from time to time by the Partner Merchant in consultation with LPL.
    • 6.2   Under the Credit Line Option offered by a Partner Financial Institution, You may be permitted to make payment of the purchase price of the products and/or services (Credit Line Transaction Amount) on a deferred basis as offered by the Partner Financial Institution, subject to the monetary limits specified by the Partner Financial Institution (Credit Line Monetary Limit). You acknowledge and agree that the Credit Line Monetary Limit as well as payment terms may be varied or modified from time to time by the Partner Financial Institution.
    • 6.3   You hereby: (i) acknowledge and agree that payment of the applicable BNPL Transaction Amount shall be made by You to LPL, who is authorized by the Partner Merchant to collect the BNPL Transaction Amount on behalf of the Partner Merchant; and (ii) authorize LPL and its authorized representatives to collect the BNPL Transaction Amount from You on behalf of the Partner Merchant. For Credit Line Transactions processed through a Partner Financial Institution, You will be required to pay the Credit Line Transaction Amount, together with interest and charges, either to (i) the Partner Financial Institution, in accordance with the terms and conditions agreed between the Partner Financial Institution and You; or (ii) LPL where the Partner Financial Institution has authorized LPL to collect such payments on its behalf. You hereby authorize LPL and its authorized representatives to collect the Credit Line Transaction Amount, together with interest and charges from You.
    • 6.4   You further understand that in order to enable LPL or the Partner Financial Institution to collect the BNPL Transaction Amount for each BNPL Transaction or the Credit Line Transaction Amount for each Credit Line Transaction, You will have to opt for the registration of the E-mandate with or through LPL (through LPL Portals or any other mode specified by LPL). You hereby confirm that in the event You have already registered an E-mandate with an affiliate of LPL, You hereby authorize LPL and/or or the Partner Financial Institution, as the case may be, to collect payments for any BNPL Transaction and/or Credit Line Transaction using such E-mandate.
    • 6.5   You hereby further acknowledge and agree that upon completion of the Authentication Process and of the relevant BNPL Transaction and/or Credit Line Transaction, LPL shall issue (or otherwise make available through electronic means) a statement to You in relation to the BNPL Transactions undertaken by You by availing the BNPL Option from Partner Merchants (BNPL Statement) and Credit Line Transactions undertaken by You by using the Credit Line Option from Partner Financial Institutions (Credit Line Statement). LPL shall be entitled to issue a single statement covering all the Transactions undertaken by You during a specified period, or individual BNPL Statements and/or Credit Line Statements, at its sole discretion (each, a Statement). The Statement shall specify the amounts required to be paid by You in relation to the BNPL Transactions (BNPL Statement Amount) and in relation to the Credit Line Transactions (Credit Line Statement Amount), and the timelines, and manner in which such amounts are required to be paid by You. The Statement will be issued to You: (i) on a bi-monthly basis, or such other periodicity as LPL may determine from time to time; and (ii) by way of e-mail (registered by You with LPL), text message on Your Registered Phone Number, notification on LPL Portals, or any other medium as determined by LPL from time to time.
    • 6.6   You undertake to pay the BNPL Statement Amount and/or the Credit Line Statement Amount in accordance with the timelines and the manner specified in the Statement. You acknowledge and agree that the date(s) specified in the Statement for payment of the BNPL Statement Amount and/or the Credit Line Statement Amount (each a Due Date) is/ are the date(s) by which the BNPL Statement Amount and/or the Credit Line Statement Amount should be credited to LPL’s bank account or the bank account of the Partner Financial Institution, as the case may be.
    • 6.7   You confirm and agree that You shall not use any payment method other than the permitted payment methods notified by LPL or the Partner Financial Institution(s), as the case may be, for the purpose of paying the BNPL Statement Amount and/or any Credit Line Statement Amount.
    • 6.8   You acknowledge and agree that LPL shall not be liable under any circumstances whatsoever in relation to: (i) non-delivery and/or delay in receipt of the Statement as a result of any default, non- delivery or delay due to any third-party telecom service provider(s) and/or other service provider(s) used by LPL; or (ii) any delay caused in payment of the BNPL Statement Amount and/or the Credit Line Statement Amount due to the time taken for settlement and clearing of the BNPL Statement Amount and/or the Credit Line Statement from Your bank account to the bank account of LPL or the bank account of the Partner Financial Institution, as the case may be.
    • 6.9   You acknowledge and agree that in the event the applicable BNPL Statement Amount and/or the Credit Line Statement Amount is not credited to LPL’s bank account or the bank account of the Partner Financial Institution, as the case may be, by the relevant Due Date, You shall be liable to pay an additional amount between INR 15 and INR 30 together with the applicable taxes (including goods and service tax), for each day from (and including) the relevant Due Date to (and including) the date such BNPL Statement Amount and/or the Credit Line Statement Amount is credited to the bank account of LPL or the bank account of the Partner Financial Institution, as the case may be (Additional Amount). You further acknowledge and agree that the Additional Amount charged by LPL is a genuine and reasonable pre- estimate of loss that LPL will suffer and is not a penalty, and LPL shall have the right to modify the applicable Additional Amount from time to time by giving prior notice and You undertake that You shall not raise any objections against the imposition of the Additional Amount. LPL may at its sole discretion waive any Additional Amount payable by You.
    • 6.10   After issuance of the Statement, LPL may issue periodic reminders to You in relation to the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount due and payable. If You fail to make payment in full of the applicable amounts by the specified Due Date, You shall be issued a reminder within 3 (three) days from such Due Date (First Reminder). If You fail to make payment within the period specified in the First Reminder, LPL shall send to You, a final intimation demanding the payment of the applicable amounts (Final Reminder). The Final Reminder may also state the steps that LPL or the Partner Financial Institution, as the case may be, may take to realize the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount from You.
    • 6.11   You irrevocably and unconditionally agree that LPL or the Partner Financial Institution, as the case may be, shall realize or set-off the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount from You, at Your sole risk and cost, by: (i) setting-off the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount against any amounts available with LPL or the Partner Financial Institution, as the case may be, that belongs to You; (ii) charging/ debiting Your bank account or any other payment instrument (such as a designated credit card account or a designated debit card account) held under Your name; and/or (iii) engaging any third person to collect the BNPL Statement Amount, the Credit Line Statement Amount and/or Additional Amount from You. In this regard, You irrevocably and unconditionally agree to undertake all necessary actions as may be required by LPL and/ or the Partner Financial Institution, as the case may be, and provide consent for any deductions to be made in accordance with this Clause 6.11.
    • 6.12   If You fail to pay the BNPL Statement Amount and/or the Credit Line Statement Amount on a Due Date, LPL shall be entitled to suspend the User Account of the User at its sole discretion.
    • 6.13   Notwithstanding anything to the contrary contained in these DPO Terms and Conditions, LPL and/ or the Partner Financial Institution, as the case may be, shall have the right to take such actions and initiate such proceedings as it deems appropriate or may be entitled to in contract, law, equity or otherwise, to recover the BNPL Statement Amount and/or the Credit Line Statement Amount, together with any Additional Amounts, from You, at Your sole cost, risk, and expense.
    • 6.14   You acknowledge and agree that the repayment of the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount shall not be affected, impaired or discharged by Your bankruptcy or death or otherwise and that LPL shall be entitled in such scenarios to recover the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount from Your properties, assets and/or from Your legal heirs or successors.
  • 7   SUBMISSION OF PERSONAL INFORMATION

    • 7.1   You understand that in order to avail the BNPL Option and/or the Credit Line Option, the Partner Merchant has shared, or will share (upon You opting for BNPL Option and/or the Credit Line Option) with LPL, Your Registered Phone Number and other Personal Information of Yours (including the name, address, and other KYC details) provided by You to the Partner Merchant. LPL will use such information to, among other things, determine Your eligibility to avail the BNPL Option or as the case may be, further share it with the Partner Financial Institution for the purpose of enabling the Partner Financial Institution to determine Your eligibility to avail the Credit Line Option.
    • 7.2   You represent that the Personal Information provided by You to the Partner Merchant and shared by the Partner Merchant with LPL at the time of registration, opening of the User Account and at all other times is and shall at all times remain true, accurate, updated, and complete. You undertake and agree to maintain and update the Personal Information and to keep the Personal Information true, accurate, and complete.
    • 7.3   You shall be obliged to provide to LPL, the Partner Merchant, and/or the Partner Financial Institution, as the case may be, from time to time, any additional information or documentation to: (i) ensure conformity with any requirements arising under Applicable Law; and (ii) verify the accuracy and completeness of the information provided by You. LPL, the Partner Merchant and/or the Partner Financial Institution, as the case may be, also reserve the right to obtain, receive or verify information in relation to You from any service provider, financial institution, and/or governmental agency.
    • 7.4   You hereby agree that Your Personal Information shall be collected, handled, stored, analysed, and used by LPL, the Partner Merchant and/or the Partner Financial Institution, as the case may be, for the purpose of providing You access to LPL Portals and use of LPL Services and to comply with Applicable Law. You acknowledge and agree that LPL shall collect, handle, store, analyse and use Your Personal Information in accordance with the LPL Privacy Policy as specified in Clause 4 (Submission of Personal Information) of the General Terms and Conditions.
    • 7.5   If any Personal Information provided by You or on Your behalf is untrue, inaccurate, not current or incomplete, LPL shall be entitled at its sole discretion to suspend or terminate the User Account and refuse any and/or all LPL Services. LPL, the Partner Merchant and/or the Partner Financial Institution, as the case may be, shall not be liable or responsible 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.
  • 8   CANCELLATION AND REFUNDS

    • 8.1   In the event a cancellation or a refund request is initiated by You in connection with a BNPL Transaction, You shall continue to be liable for paying the amount specified in the Statement to LPL on the relevant Due Date(s) specified in the Statement, unless notified otherwise.
    • 8.2   LPL acknowledges and agrees that if a BNPL Transaction is cancelled or a return request is made, the refundable transaction amount (less cancellation charges, if any) (the Refund Amount) shall be kept by LPL as an amount payable to You (subject to adjustments against any subsequent BNPL transactions) and will be set-off against any other amounts payable by You to LPL in future.
    • 8.3   For a Credit Line Transaction, the manner of cancellation and refund shall be in accordance with terms and conditions agreed between the Partner Financial Institution and You or as may be specified by the Partner Financial Institution.
  • 9   LIMITATION OF LIABILITY

    • 9.1   You irrevocably and unconditionally acknowledge and agree that: (i) LPL has no responsibility to ensure the availability of the BNPL Option from any Partner Merchant or availability of Credit Line Option by a Partner Financial Institution; (ii) LPL’s liability with respect to the BNPL Option and/or the Credit Line Option shall be limited solely to the extent set out in these DPO Terms and Conditions; (iii) LPL shall not, in any manner, be liable to You for any failure or delay by any Partner Merchant or Partner Financial Institution in providing the BNPL Option or, as the case may be, the Credit Line Option; (iv) LPL shall not, in any manner, be liable to You for the sale, quality and delivery of any product and/or service, delays or incorrect deliveries or non-receipt of products/services pursuant to any BNPL Transaction or Credit Line Transaction undertaken by You; and (v) LPL shall not be responsible, in any manner whatsoever, for any costs, expenses, fees, charges, loss or damages incurred by You for a failed, delayed, or incomplete BNPL Transaction and/or Credit Line Transaction undertaken by You.
    • 9.2   You irrevocably and unconditionally assume the entire risk of using LPL Portals and entering into BNPL Transactions and/or Credit Line Transactions. To the maximum extent permitted by Applicable Law, LPL shall in no event be liable to You for: (i) any special, incidental, exemplary, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of goods and/or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss), arising out of the use of, or inability to use or access, LPL Portals and to enter into any BNPL Transaction and/or to enter into any Credit Line Transaction, or for any security breach or any virus, bug, un-authorized 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 (ii) any other claim arising out of or in connection with Your use of, or access to, the LPL Platform, the BNPL Option and/or the Credit Line Option. LPL shall not be liable to You for any suspension or discontinuance (temporary or permanent) of the services provided by LPL to any Partner Merchant and/or You or for any consequences resulting from such actions. You acknowledge and agree that LPL Portals, Partner Financial Institution’s platform, and/or the Partner Merchant Website may be interrupted while browsing, transacting, using or uploading information.
    • 9.3   All products and/or services made available to You by the Partner Merchant are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied, by LPL or Partner Financial Institution. LPL and/ or Partner Financial Institution do not make any representations in relation to the information, content, products and/or services made available to You by the Partner Merchant. You hereby irrevocably and unconditionally acknowledge and agree that LPL and/or the Partner Financial Institution are not responsible or liable in any manner, under any circumstances whatsoever, for the products and/or services purchased by You from the Partner Merchant; any liabilities towards any direct, indirect, consequential or punitive damages due to deficiencies, inferior quality, merchantability, fitness for any purpose, pricing and/or specifications of products and/or services; and/or in relation to any issue or dispute relating thereto.
    • 9.4   You acknowledge and agree that LPL and/ or the Partner Financial Institution shall not be liable for failure of any Transaction for any reason whatsoever, including but not limited to, any non-performance or omission or commission on the part of the Partner Merchant, deficiency of services rendered and/or products delivered and technical errors on the Partner Merchant Website. You acknowledge and agree that You shall be solely liable for any losses, disputes and/or fraudulent Transactions undertaken with the Partner Merchant platform and that LPL and/or the Partner Financial Institution shall have no liabilities in this regard.
    • 9.5   The Credit Line Option is made available to you at the sole discretion of the Partner Financial Institution. LPL will not in any way be responsible to You for any non-approval or non-disbursement or failure or delay or early recall or changes to any terms of the Credit Line Option (including the applicable fees and charges, rate of interest or date of payment) by the Partner Financial Institution in relation to the Credit Line Option.
    • 9.6   You further agree, acknowledge and confirm that under the aforesaid circumstances Your only recourse will be against the Partner Merchant or as the case may be, the Partner Financial Institution, and LPL will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself and the Partner Merchant or as the case may be, the Partner Financial Institution.
  • 10   TERMINATION

    • 10.1   LPL may at any time suspend and/or terminate, in whole or in part, the services and activities performed by LPL in relation to the BNPL Option and/ or the Credit Line Option (including as set out hereunder) for any reason whatsoever, including for reasons of breach by the User of these DPO Terms and Conditions and/or any of the policies made available on LPL Portals.
    • 10.2   You may terminate Your arrangement with LPL in relation to the User Account by writing to the customer care team of LPL at wecare@lazypay.in and after payment of all amounts due and payable to LPL, the Partner Merchant and/ or Partner Financial Institution. Notwithstanding the termination of Your arrangement, the use of Your Personal Information by LPL will be subject to the terms of the LPL Privacy Policy.
    • 10.3   In the event of any termination or suspension of services or the User Account, You shall be liable to pay in full all amounts due and payable to LPL, the Partner Merchant and/ or Partner Financial Institution as set out in the Statement and any such amounts as provided under these DPO Terms and Conditions.
  • 11   INTELLECTUAL PROPERTY

    • 11.1   You acknowledge and agree to abide by the terms of Clause 14 (Intellectual Property) of the General
      Terms and Conditions in relation to the Intellectual Property of LPL.
    • 11.2   All the contents on LPL Portals and all information and material in relation to the BNPL Option and the Credit Line Option provided by LPL is the copyright of LPL, except for any third party content and any link to third party websites. LPL does not represent or endorse the accuracy or reliability of any such third party content or websites or the quality of any products, information or other materials displayed, or obtained by You by relying on or, as the case may be, accessing, third party content or third party websites.
    • 11.3   Nothing contained herein or in these DPO Terms and Conditions shall authorize You to use, display or exploit the rights of LPL in relation to the Intellectual Property without the prior written consent of LPL.
  • 12   TERMS AND CONDITIONS

    Clause 11 (Notices), Clause 12 (Grievance Redressal Mechanism), Clause 13, (Governing Law and Jurisdiction), and Clause 15 (Miscellaneous) of the General Terms and Conditions shall mutatis mutandis apply to these DPO Terms and Conditions.

    By accepting the DPO Terms and Conditions in such mode as may be specified by LPL from time to time, or by virtue of usage of LPL Portals, the BNPL Option and/or the Credit Line Option, or by virtue of the continued usage thereof, You:

    • a)     confirm that You are eligible under Applicable Law to enter into a valid contract and confirm that these DPO Terms and Conditions constitute a valid, binding and enforceable contract between You and LPL; and
    • b)     accept these DPO Terms and Conditions.

    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.