ePayLater provides its services as a deferred payment option in association with its merchant partners ("ePayLater Services"). The User is required to sign up and register with ePayLater through inter alia, the ePayLater Mobile Apps, ("ePayLater App"), and the ePayLater website at www.epaylater.in ("ePayLater Website", and collectively with the ePayLater App referred to as the "ePayLater Platform") to avail the ePayLater Services and to obtain information about ePayLater. Any account opened by a User with ePayLater to avail of the ePayLater Services in any form shall be referred to as a "User Account". The general terms governing the use of the ePayLater Platform are set out herein. Please note that there shall be additional product and transaction specific terms and conditions applicable to the ePayLater Services.
Users are required to read, review, understand and agree to the terms hereunder for using or availing of the ePayLater Services, by clicking on the "I Accept"/ "Submit" button in the ePayLater App. Upon clicking "I Accept"/ "Submit" button in the ePayLater App, or upon availing of any part of the ePayLater Services, or upon applying for the opening of a User Account on the ePayLater Platform, a User indicates their acceptance of the terms of this Agreement and their intention to be bound by it. Once the terms contained hereunder are accepted by a User, the same shall be binding on such User while availing of the ePayLater Services in any manner whatsoever, and subsequent to such User's use of the ePayLater Services. Every User shall ensure that no third party uses its account on the ePayLater Platform, and that such User uses the ePayLater Services only for its own account and for its own benefit. Users shall be permitted to avail of the ePayLater Services including the User Account only after reading the terms herein and in the policy documents set out hereunder and after accepting the same.
ePayLater Services are provided subject to the application of the User being accepted and approved.
ePayLater operates as a deferred payment option and operates in association with other financial institutions and e-commerce merchants ("
ePayLater Services are strictly available for use only within India. Any jurisdiction other than India is a prohibited jurisdiction ("Prohibited Jurisdiction"). Users are not permitted to use the ePayLater Services in any Prohibited Jurisdiction. Any Prohibited Jurisdiction use will amount to a breach of this Agreement, and ePayLater shall forthwith be entitled to terminate this Agreement.
ePayLater may use third party service providers to render some or all of the ePayLater Services, or for facilitating the same. User agrees to the use of such third parties, and hereby provides consent for collection, analysis, use, dissemination and retention by such third parties of any and all personal data, or and sensitive personal data and information, of the User. User shall be bound by the terms of service of such third parties to the same extent as ePayLater would be bound. ePayLater shall however not be responsible or liable for any act, inaction, commission or omission by such third parties, including with respect to data protection, privacy, security practices, or compliance with applicable laws and regulations with respect thereto, including (but not limited to) the Information Technology Act 2000.
These terms shall be applicable to all existing and new Users. ePayLater reserves the right to modify or amend the terms herein, and an intimation thereof shall be sent to existing Users, who may decide to opt out of the ePayLater Services at such time by intimating ePayLater of such intention in writing. Continued use of the ePayLater Services shall be deemed to amount to confirmation and acceptance of the modified or altered terms hereof.
The Parties agree that the terms set out hereunder are in consideration of good and valuable consideration, and shall be and are intended to be binding on both Parties.
ePayLater operates as a deferred payment option and operates in association with the ePayLater Partners. The ePayLater Services can be either availed at a checkout page on a ePayLater Partner's website or at the point of sale machine ("POS") of a ePayLater Partner. Users are required to ensure that their transactions with the ePayLater Partner are for legal purposes.
User may open a User Account subject to the following conditions:
Opening of User Account.
Data Disclosures & Consent.
User hereby allows access to and consents to ePayLater availing of and using the personal data and sensitive personal data and information of the User including but not limited to:
ePayLater may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory compliance or due to modifications in any terms contained herein. User hereby agrees and undertakes to comply with the same within the timelines prescribed.
An Aadhaar card must be provided by all prospective Users, as ePayLater will use Aadhaar details to carry out verification procedures for each such User's identity and residence. However, ePayLater may call for additional documents as well, at its discretion.
User can use the ePayLater Services upto the limit available in their User Account. Users shall be bound by the policies, rules and User Guidelines prescribed by ePayLater periodically, the terms of which shall form part of this Agreement.
User is hereby cautioned that ePayLater does accept any payments in cash and has not authorised any person whatsoever to accept any payments in cash. User is advised not to give cash to any person, irrespective of any representations that such person may make with respect to creating an account or depositing such amounts with ePayLater or with another User on behalf of such User. User is also hereby cautioned that each User Account is intended only for the use of that single User, and no other person.
Users are required to conduct all transactions in relation to the payment for their ePayLater Services only through their own, duly authenticated, and legally opened and maintained digital payment accounts in India. All payments shall be made in Indian Rupees (INR)
ePayLater may offer the ePayLater Services for consideration in the form of transaction fees, as intimated to User prior to completion of the transaction. User hereby agrees to make the payment of such transaction fees, on terms set out on the ePayLater Website.
Any payments to be made by ePayLater to any User in relation to any transaction entered into between Users (and facilitated by ePayLater on the ePayLater Platform) shall be made after all appropriate deductions and withholding is made, as per applicable Law.
ePayLater has zero tolerance towards use of any portion of the ePayLater Services for or in connection with any illegal or unlawful purpose. Any such use of the ePayLater Services by any User shall result in forthwith termination of the relevant User Account, and ePayLater shall cooperate with governmental and regulatory authorities in the reporting and investigation of such actions (including by providing any information and details that such User has provided to ePayLater).
ePayLater shall report all suspicious activities to the concerned authorities to ensure initiation of investigation and prosecution. Users are therefore strongly cautioned against misuse of the ePayLater Services in any manner for illegal activities.
Users shall ensure strict compliance with the following user guidelines set out hereunder ("User Guidelines"):
The above requirements are mandatory to ensure security of the User accounts and to ensure authenticity of the same. Failure to comply with any of the above shall amount to a material breach, which may result in suspension, cancellation and / or termination of the User account and ePayLater shall be entitled to claim compensation for any Loss due to such material breach by a User.
Subject to compliance of the above User Guidelines, User is entitled to the benefits of the ePayLater Services;
ePayLater shall take all measures to ensure rendering of its services to User. ePayLater shall however not be responsible or liable for disruption or cessation of ePayLater Services due either to Regulatory, Governmental or Judicial actions or technical issues or due to circumstances beyond their control.
Users shall bear all liabilities towards taxes, as applicable.
ePayLater shall not be liable for any Loss caused to the User due to any service or goods availed from any of the ePayLater Partners.
ePayLater services are offered only on the digital domain, which is subject to risks. ePayLater shall not be liable for any Loss caused to the User if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on ePayLater servers or on the personal devices of the users, changes in applicable Law, or any Loss caused by conditions or events beyond the reasonable control of ePayLater.
The above limitation on liability includes any Force Majeure event set out hereunder including acts of god; fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labour dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of ePayLater; offensive attacks including virus attack, hacking, denial of service attack or theft of the personal devices of the User resulting in Loss to the account.
ePayLater shall not be liable for any Loss caused to User due to a data breach of confidential information of the User, including of the User account details or User password, including when such breach has occurred due to the User sharing such details with third parties or due to the User's failure to follow reasonable due diligence. ePayLater shall also not be liable or responsible for any disclosure by User of any User Account details, including on account of a phishing attack or other third-party disruption.
"Force Majeure" shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of ePayLater, including natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of a Government or regulatory authority.
These provisions shall survive the expiration or termination of this Agreement.
Unless otherwise specified, all materials on ePayLater App and Services are the property of ePayLater and are protected under copyright, trademark and other applicable laws;
Users may view, print, and/or download a copy of such Materials on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices;
The trademarks, service marks and logos of ePayLater and others used in ePayLater and Services ("Trademarks") are the property of ePayLater and their respective owners;
The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Website belong to ePayLater;
User or visitor to our website or any persons using or viewing our Apps are strictly prohibited from copying, reproducing, publishing, republishing, circulating, modifying, uploading, transmitting, collecting and / or distributing the trademarks and materials of ePayLater in any form or by any means, whether manual or automated;
Any unauthorized use of such property will be in direct violation of copyright, trademark, and other applicable laws and will result in criminal and / or civil legal actions and penalties;
Users shall not reverse engineer or disassemble any aspects of the ePayLater App or ePayLater Services for any reason whatsoever. Any such action shall amount to violation of the ePayLater IPR in and to such software;
ePayLater Services includes third party IP. ePayLater does not own any rights to such third-party IP and is bound by the license terms for such IP. Users shall also be bound by the license terms and shall violate any third-party IP that resides on or is accessible through the ePayLater Services.
Users may submit their complaints in relation to ePayLater Services to ePayLater at firstname.lastname@example.org. Such complaints may be either with respect to ePayLater Services or any problems faced by Users in connection with their accounts with ePayLater. ePayLater shall revert, as soon as possible to such complaints.
User and ePayLater agree and confirm the following terms for continuation, suspension, cancellation or termination of this agreement.
This Agreement shall come into effect upon confirmation of the terms by the User herein and subsist till termination of the same upon any of the reasons set out hereunder ("Term").
ePayLater reserves the right to suspend or terminate a User account for the following reasons ("Termination").
ePayLater shall be entitled to suspend, and after due verification, and its sole discretion, terminate a User Account immediately upon the occurrence or detection of any of the following:
In addition to the above the following actions or circumstances shall give the right but not the obligation for ePayLater to suspend and / or terminate a User Account:
Failure to pay dues owed to ePayLater including any commissions fees payable to it; or
If the User undertakes fraudulent transactions through the ePayLater Services, or any unaccounted for or suspicious transactions, for which the User fails to provide suitable explanation despite service of notice by ePayLater in this respect.
ePayLater may also suspend and thereafter terminate any User Accounts for the following reasons:
Each of the instances set out above may be invoked to suspend and thereafter terminate this Agreement, or to directly terminate this Agreement.
In addition to the above, this Agreement shall stand automatically terminated if either party (a). becomes insolvent; (b). makes an assignment for the benefit of its creditors; (c) files a petition for bankruptcy; (d) takes steps towards dissolution or liquidation; or (e) appoints a trustee or receiver for all or any part of its assets.
The terms of this Agreement, which by their very nature survive termination of this Agreement shall subsist. Without prejudice to the generality of the above, provisions pertaining to IPR, Confidentiality, Privacy, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution and choice of jurisdiction shall survive termination or cancellation of this Agreement.
Process for Termination
ePayLater may terminate the Agreement forthwith for any of the reasons set out above or first suspend the account pending verification and thereafter issue a communication of termination, where ePayLater determined that it is practicable to do so. Each of the instances set out above may be invoked for instantaneous termination or cancellation of the User Account. The onus of proving bad faith shall be on the User. In any event damages shall not exceed the amounts credited in the User Account, as on the date of suspension, cancellation or termination, whichever is earlier. User may terminate this Agreement with written notice to ePayLater, but such termination shall only be effective once such notice is accepted and acknowledged by ePayLater.
Consequences of Termination
Upon termination of this Agreement or earlier determination, the following consequences shall ensue:
Any notice or other communication provided for in this Agreement shall be sent only through electronic mail. User hereby agrees to receive electronic or any other form of communication and notifications from ePayLater. Email messages sent over the Internet are not always secure and ePayLater is not responsible or liable for non – receipt of such communication by User. Once the email is dispatched by ePayLater, it shall be deemed to have been served on the User. ePayLater shall be deemed to have received communications from the User only upon actual receipt into the Inbox of the account of the person to whom such communication is addressed and acknowledged. ePayLater shall not be liable or responsible for non – receipt of communications or for any damages incurred by the result of sending email messages over the Internet.
All communications to ePayLater shall be at email@example.com. ePayLater shall ensure that any change or modification to the same is uploaded on the ePayLater Website.
All communications to User shall be at the electronic mail address provided by User, as part of the KYC norms or via in – App messages or SMS to the User's registered mobile number. User shall ensure that any change in the electronic mail address or communication option is duly intimated to ePayLater.
This Agreement shall be governed by and construed in accordance with the laws of India.
The parties agree to irrevocably submit to the exclusive jurisdiction of the courts in Mumbai for the resolution of any disputes arising from this Agreement or in connection therewith or pursuant thereto.
This Agreement or any rights or obligations hereunder shall not be assigned by the User to any third party without the prior written consent of ePayLater.
This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns.
The invalidity or unenforceability of any provision of this Agreement shall not in any way affect, impair or render unenforceable this Agreement or any other provision contained herein, which shall remain in full force and effect.
This Agreement shall be considered divisible as to such provision, which is deemed to be invalid or unenforceable and the remainder of this Agreement shall be enforceable and binding on the Parties.
No provision of this Agreement may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strict or timely compliance to any provision of this Agreement shall not affect or impair that provision or any other provision in any way or the rights of such party hereof, to avail itself of the remedies it may have in respect of any subsequent breach of that or any other provision.
None of the provisions of this Agreement shall be deemed to constitute a partnership between the parties hereto and no party shall have any authority to bind or shall be deemed to be the agent of the other(s) in any way.
These terms may be periodically reviewed and revised. The revised draft will be uploaded on the ePayLater Website and will reflect the modified date of the terms. User is required to periodically visit the website and review terms and any changes thereto.
Continued use of the ePayLater Services constitutes agreement of User to the terms contained herein and any amendments thereto.
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ePayLater is recognized as a startup by the 'Department of Industrial Policy and Promotion' of the Government of India's Ministry of Commerce.