Terms & Conditions

Arthashastra Fintech Private Limited, is a private limited company incorporated under the laws of India and having its registered office at, 94 3G Kalpataru Aura, Ghatkorar West, Mumbai - 86 operating under the trade name of ‘ePayLater' (herein after referred to as "ePayLater", which term shall refer to and include its owners, directors, investors, employees, officers, representatives, affiliates, or other related parties). Persons availing of the ePayLater Services (as defined below), directly or indirectly, are referred to herein, as "Users". Only natural or legal persons, resident in India, can be Users, and no person other than a natural or legal person with a valid, authorised account with ePayLater can avail of the ePayLater Services in any manner whatsoever. This is an agreement between ePayLater and User, which together with the Privacy Policy (collectively referred to herein as the "Agreement") shall be binding on the User. By clicking the "I Agree"/ "Submit" button in the ePayLater app or by using the ePayLater Services on the ePayLater website, User hereby agrees to be bound by the Terms and Conditions of Service set out hereunder for availing of the ePayLater Services and also the policies mentioned herein and to any modifications, amendments or updates made to the said Agreement.

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.

Limitations on use of epaylater services

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 Partners"). ePayLater does not provide any warranty of any kind, either express or implied, in relation to the services provided by the ePayLater Partners

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.

Scope of services

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.

ePayLater Account

User may open a User Account subject to the following conditions:

Opening of User Account.

• User may complete the sign-up process on the ePayLater Website and create a User Account or User may create a User Account by first downloading and installing the ePayLater App on their Android smartphone or iPhone by using the Play Store or App Store, as applicable, subject to the terms contained herein.
• User shall comply with the procedures prescribed for opening the User Account, including providing a valid and subsisting email address and completing the verification process and providing all requisite details and documents.
• ePayLater reserves the right to reject opening, registration or validation of a User Account on any grounds it deems suitable, at its sole discretion, with due regard to legal and regulatory reasons.

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:

• Name, address, contact information identification documents and details contained therein;
• Mobile numbers and IP addresses from which the ePayLater Services are being accessed;
• Identity numbers and details of all equipment utilised to access or avail of the ePayLater Services, including devices from which the ePayLater Services are accessed; the device numbers, model and such or other details that may be culled out through automated processes; IMEI, ISMI, operating system, device model, RAM, CPU and other details for computers and mobile phones, unique installation number, iCloud device or email id for Apple products, fingerprinting details and other sensitive personal information required for allowing or completing the transactions envisaged herein, as ePayLater's sole discretion.
• PAN Number and Aadhar Number and accompanying details for authentication and bureau checks.

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.

In addition to the terms contained herein, Users shall be bound by the terms of the Privacy Policy available at https://www.epaylater.in/privacy.

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.

Acceptance of the terms herein shall be tantamount to acceptance of the Privacy Policy, and the terms contained therein. Users are required to read, understand and affirm the Privacy Policy before clicking the "I Accept"/ "Submit" button to our Terms of Service.

ePayLater may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory requirements, or due to modifications in any of the terms of this Agreement, the Privacy Policy. User hereby agrees and undertakes to comply with the same within the timelines prescribed.

Verification Process.

• ePayLater shall, at its sole discretion activate the User Account upon verification of the details provided and provide the limit available in such User Account. In the event of any factual inaccuracies or other problems with the details or documentation provided by a prospective User during this process, ePayLater shall be entitled to forthwith terminate the User Account without notice to the concerned User, and such User shall not be permitted to use the User Account or the ePayLater Services thereafter. ePayLater may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory requirements, or due to modifications in any of the terms of this Agreement, the Privacy Policy, and ePayLater is entitled to terminate existing User Accounts for non–compliance with such requests for further details or information after due notice.
• ePayLater may, at its sole discretion, send to the User intimation of reasons for non-activation of a User Account. ePayLater is not under any obligation, however, to provide such notice.
• Only natural or legal persons with a valid Indian PAN Card and an Aadhaar card may apply for a User Account and avail of any part of the ePayLater Services. Upon verification, if the PAN Card details furnished by a User are found to be falsified, invalid or otherwise inaccurate, ePayLater shall forthwith terminate the relevant User Account without notice to the concerned User.
• Existing Users may be called upon to comply with the verification process contained in this Agreement. In the event of termination or deactivation of an existing User Account, Users shall be duly intimated by ePayLater, along with reasons for such deactivation and the procedures for redress (if any). Delay in termination of such User Accounts shall not amount to a waiver of the mandatory information and documentary requirements contained in this Agreement and in the AML Policy.

TERMS OF PAYMENT

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.

ANTI-MONEY LAUNDERING

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.

USER GUIDELINES

Users shall ensure strict compliance with the following user guidelines set out hereunder ("User Guidelines"):

• Users shall ensure that they provide current, accurate, and complete information during the process of opening the User Account, and shall ensure that all such information is updated immediately upon any change of circumstances, or when prompted to do so by ePayLater.
• User shall not divulge their account details to any third parties, including other Users. Users shall be solely responsible for ensuring the confidentiality and protection of the data pertaining to their User Account.
• Users shall not share their account passwords with any third parties, including other Users.
• Users shall not allow any third parties (including any other Users) to use their User Account in any manner, or to derive any benefit whatsoever from such User Account. Each User Account is intended for the use of a single User, who has registered with ePayLater in the manner prescribed under this Agreement and in the AML Policy. Each User is only permitted to have one User Account, and cannot open or maintain multiple User Accounts, or attempt to operate or gain access to another User Account (irrespective of whether the consent of such User has been obtained for such use or access).
• User shall be wholly responsible and liable for all activities that occur in relation to, or in connection, their User Account, irrespective of whether the User has personal knowledge or control in relation to such activities.
• Users shall utilise the ePayLater Services only for their personal purposes, and not for any commercial, industrial or professional purposes whatsoever.
• Users shall use the ePayLater Services only for lawful purposes and shall not use any part of the ePayLater Services, for or in connection with any action or conduct which may amount to a violation of any applicable Law. Users shall be solely liable for all consequences (whether under applicable Law or otherwise) of any activities in connection with their User Accounts that contravene applicable Law in any manner whatsoever.
• Without prejudice to the generality of the above, Users shall not use the ePayLater services for any unlawful purpose, including but not limited to money laundering, terrorism or any other illegal activity. Users shall also not use or avail of the ePayLater Services to convert illegal or wrongful gains, including those from criminal activities.
• Users shall comply with the IPR policy set out herein and shall not violate the proprietary rights of ePayLater, or of any third party.
• Users shall not use circumvention or obfuscating technologies to mask their IP addresses, or to hide transaction details, or attempt in any way to conceal or alter information or details that ePayLater is entitled to ascertain, analyse, collect or retain under applicable Law, or in accordance with the terms of the Agreement, the Privacy Policy or the AML Policy. Users shall not create or distribute any technologies for such purposes, or provide any assistance to any other person in any manner for such purposes.
• Users shall ensure that true and correct details are furnished to ePayLater including all information required for the account opening process and the KYC process (both during User on-boarding and on an ongoing basis); transactional details and such or other information, details and clarifications that ePayLater may require from time to time.
• Users shall not make any misrepresentation in any communication to ePayLater, or with respect to any information or details rendered to ePayLater at any time, and shall not otherwise attempt to misinform or misguide ePayLater in any manner. Users are hereby duly informed that ePayLater shall share all such details with regulatory or legal authorities, as required under applicable Law, and the User shall be solely responsible for the correctness and veracity of the contents thereof. ePayLater shall have no liability whatsoever for any inaccuracy or falsehood in any information, document or communication from a User.
• User shall not misuse or abuse the ePayLater Services in any manner. In particular, User shall not:
  • Violate these terms or the terms of the policies and guidelines prescribed by ePayLater;
  • Upload or share any information belonging to another person which the User does not have any right to share;
  • Impersonate another person, including any other User;
  • Infringe any patent, trademark, copyright or any other proprietary rights of ePayLater or of third parties;
  • Violate any law in India for the time being in force;
  • Deceive or mislead or communicate any information, which is grossly offensive or menacing in nature or about the origin of messages containing such information;
  • Upload any information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • Do any act that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevent investigation of any offence or insult any other nation;
• Users shall bear all responsibility for maintaining the confidentiality of their account information, including User Name, password / PIN, safeguarding their User Accounts; undertaking / implementing reasonable security measures to protect the same from malicious attacks or inadvertent losses and for any activity including transactions that are undertaken from the User Account.
• ePayLater shall take reasonable measures to ensure security of their infrastructure but shall not be responsible or liable for any Loss arising due to breach or violation of third party infrastructure.
• User shall be responsible for the confidentiality of the transactions in their account. Users have been duly notified that their transactions are not anonymous and that transaction activity will be shared if called upon by any legal, governmental or regulatory authority.
• User shall notify ePayLater through "support@epaylater.in" immediately upon noticing any suspicious activity on their User Account, or any unauthorized use of the User Account or their password or login details, or any breach of security in relation to the User Account. ePayLater shall not be liable for any Loss caused to the User as a result of such unauthorised use or access, if such Loss occurs pursuant to a failure to notify ePayLater in a timely manner.

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.

USER RIGHTS

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.

LIMITATION OF LIABILITY

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.

FORCE MAJEURE

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.

INDEMNITY

User shall indemnify and hold harmless ePayLater, its representatives, affiliates and their respective directors, officers, shareholders, representatives and assigns (the "Indemnified Parties") against and in respect of any and all Losses(whether direct, indirect, consequential or otherwise) incurred or suffered by the Indemnified Parties in any manner from or due to any failure or default by the User, to duly perform its obligations under this Agreement and the terms contained herein or due to any material breach by User of the Privacy Policy.

These provisions shall survive the expiration or termination of this Agreement.

INTELLECTUAL PROPERTY RIGHTS ("IPR")

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.

Privacy

User data furnished to ePayLater shall be subject to the terms of the Privacy Policy of ePayLater, as periodically revised or amended. User is deemed to have consented to the Privacy Policy, by accepting these terms.

User hereby consents to the collection, storage, use, sharing and disclosure of User's personal and sensitive personal information, as per the terms of the Privacy Policy. In the event that the User wishes to retract the consent herein furnished the User may do so by following the process prescribed for terminating this agreement. Consent to the terms herein and those set out in the Privacy Policy are mandatory preconditions for continued use of the ePayLater Services.

Confidentiality

• User recognises that ePayLater will be given and have access to confidential including sensitive personal information of the User. User hereby agrees and consents to use by ePayLater of such confidential data and information for their commercial use. ePayLater shall take best efforts to keep such information confidential and not to disclose to any third parties except in the course of its business or for marketing, analytical and for processing of such data. This limitation shall however not apply to (a). data already in the public domain; (b). furnishing of data in pursuance of a request from a legal or regulatory authority or order from a Court;
• The provisions of this clause shall survive the termination of this Agreement.

Complaints

Users may submit their complaints in relation to ePayLater Services to ePayLater at support@epaylater.in. 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.

TERM & TERMINATION

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:

• Use of a User Account for any suspicious activities, or any activities that are not consistent with applicable Law;
• Failure of User to comply with the KYC norms contained in this Agreement;
• Misrepresentations or misstatements by a User, or any inaccuracy, falsehood or misrepresentation in any of the information, documentation or details provided by a User;
• Failure of User to update KYC details, when called upon;
• Failure of User to comply with any of the terms of this Agreement, the Privacy Policy, and failure to rectify such non-compliance subsequent to a notice to this effect from ePayLater; and

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:

• Attempts to use in an unauthorised manner, or gain unauthorized access to, the ePayLater Services or to another User's User Account, or providing assistance to any other person's attempt to do so;
• Attempts to overcome or circumvent any software security features on the ePayLater Platform;
• If ePayLater has reasonable apprehension that User may be misusing the ePayLater Services for any unlawful activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, or if there are unaccounted for amounts retained in the relevant User Account, or if the User Account has been used for inordinately large transactions or transactions with an unclear or indeterminate purpose;

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:

• Technical errors or glitches resulting in suspension of ePayLater Services, in part or full;
• Any change in applicable Law;
• If continuation of ePayLater Services is difficult or impossible due to technical or operational issues or due to change in the legal, regulatory or statutory provisions;
• In the event of unexpected operational difficulties; or
• Upon receipt of requests from governmental, regulatory, judicial, quasi-judicial or law enforcement authorities

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:

• The User Account and rendering of the ePayLater Services shall stand immediately terminated. User shall not be entitled to access or use the User Account or avail of any of the ePayLater Services;
• Parties shall be entitled to the rights and dues already accruing to them.
• User agrees that ePayLater will not be liable to User or to any third party for termination of the User Account or any restriction of access to the ePayLater Services.
• Permissions and licenses granted to User under this Agreement shall cease immediately upon termination of this Agreement, and the User shall not be entitled to any access to the User Account or the ePayLater Services, or any rights or benefits in this respect, in any manner whatsoever.
• User shall return to ePayLater any of ePayLater's IPR, or affirm deletion thereof immediately upon termination of this Agreement.

NOTICES

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 support@epaylater.in. 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.

GOVERNING LAW & JURISDICTION

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.

ASSIGNMENT

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.

SUCCESSORS

This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns.

SEVERABILITY

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.

WAIVER

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.

RELATIONSHIP

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.

MODIFICATIONS

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.