User Terms and Conditions of Waitnpay
and Financial Institution Partner:
These Terms and Conditions (the "T&Cs")
govern the User's rights and obligations when availing
the "Waitnpay" (Buy Now Pay Later "BNPL"
Option) from the relevant Merchant Partner or while
availing a Credit Line Option from the relevant Financial
Institution Partner. The T&Cs shall apply to: (a) each BNPL
Transaction undertaken by the User with a Merchant Partner
where the User has availed the Waitnpay Option and (b) each
Credit Line Transaction undertaken by the User with a
Merchant Partner where the User has a Credit Line Option
made available by a Financial Institution Partner.
ABCM APP PVT LTD ("ABCM APP / Waitnpay") and
its affiliates provide certain services to Merchants
Partner and Financial Institution Partner, including: (a)
in case of BNPL Transactions, collecting monies on behalf
of the Merchant Partner from the User who has availed the
BNPL Option and (b) in case of Credit Line Transactions,
enabling Users to make payment using the credit facilities
offered by the Financial Institution Partner. Accordingly,
the User is required to accept and confirm the T&Cs at the
time of availing the BNPL Option or the Credit Line Option.
The T&Cs and any other terms and conditions, policies
and guidelines issued by Waitnpay from time to time in
connection with the BNPL Option or the Credit Line Option
define and govern the User's rights and obligations
with regards to Waitnpay and relevant Merchant Partner or
the relevant Financial Institution Partner, as the case may
be, and shall be binding upon the User. The User shall keep
itself updated about the latest applicable T&Cs in relation
to the Buy Now Pay Later Option and the Credit Line Option.
1. Definitions
"Applicable Law" shall mean any statute,
law, regulation, ordinance, rule, judgment, order, decree,
by-law, approval from the concerned authority, government
resolution, order, directive, guideline, policy,
requirement, or other governmental restriction or any
similar form of decision of, or determination by, or any
interpretation or adjudication having the force of law of
any of the foregoing, by any concerned authority having
jurisdiction over the matter in question;
"Service" shall mean technology platform provided by
Waitnpay that allows Merchants to offer a differentiated,
hassle free buying experience to eligible Users including a
tab offered by the Merchants to the Users;
"Products" shall mean goods and /or services offered
by or through the Merchants on Merchant's shop,
website, e-commerce website and mobile based application;
"User" shall mean any individual or entity as
approved by Waitnpay;
Consent To Accept Terms of This Agreement
By clicking on the tab/button/ checkbox of
"Waitnpay" or "Order with Waitnpay" or any
other button/checkbox of similar nature, (i) you confirm
that you are eligible under Applicable Law to contract with
Waitnpay and its Financial Institution Partner, (ii) you
consent to conduct transactions, accept the terms and
conditions of this Agreement and the Privacy Policy as
displayed on the Website and (iii) you consent to receive
communications, notices and information from us through
post or other physical medium or electronically (whether
through SMS, WhatsApp, emails, phone calls and automated
phone calls). Electronic communications shall be deemed to
have been received by you when we send the electronic
communication to the email address / mobile number /
details provided by you during the sign-up process as per
our records, or when we post the electronic communication
on the Website. (iv) You acknowledge and agree that we may
disclose your personal information (in our possession,
whether collected by us from you or obtained from a third
party) to a Credit Reporting Agency to obtain your credit
score and other details for the purposes of providing the
Services to you.
2. The Service
Waitnpay offers a technology platform on
www.Waitnpay.com and at merchant shop, website and mobile
based application.
Waitnpay's technology platform enables Users to
avail a tab offered by third party merchants at their
shops, websites and mobile applications ("Merchant") for
transactions made with or through such Merchant.
Waitnpay shall procure reasonable efforts to
facilitate your transaction with a Merchant in order to
obtain Products/Services, subject to the availability of
Products/Services with the Merchant.
By using the Website, Service and/or the CC you
hereby acknowledge that Waitnpay is not a Merchant.
Waitnpay only facilitates the provision of a tab and a
hassle-free buying experience by the Merchant.
For the avoidance of any doubt, Waitnpay itself does
not provide Products and Waitnpay is not a provider of
Products. It is up to the Merchant to offer Products, which
may be requested through the Merchant's shop, website
or mobile application. The provision of the Products by the
Merchant to you and any liability therefrom is therefore
subject to the agreement (to be) entered into between you
and the Merchant. Waitnpay is not privy to such agreement.
Waitnpay does not at any point of time during any
transaction between User and Merchant, take the ownership
of any of Products nor does it at any point assert any
rights or claims over the Products offered by Merchant to
User.
For enabling the Service, Waitnpay may partner with
one or more banks, financial institutions or other entities
("Financial Partner").
User authorises Waitnpay and its financial
institution to release the invoice value of the goods and
services as availed by the user as per demand raised by
vendor.
Waitnpay shall collect and hold all documents,
writings, agreements, cheques, drafts, other instruments
received from the Users including without limitation, post
dated cheques, demand promissory notes, correspondence and
records relating to the payments for the Products, in trust
and as agent for the Merchant, as the case may be.
Waitnpay shall maintain necessary records in respect
of the transactions entered into by the User with the
Merchants and amounts due in respect of Products and the
User agrees to sharing of such records by Waitnpay with the
Financial Partner or the Merchant in order to facilitate
the Service. The User agrees that such records as
maintained by Waitnpay shall be sufficient proof of the
transactions entered into between the User and Merchants
and the amounts due thereto, which the User shall not
dispute.
Waitnpay reserves the right to change the nature of
Services from time to time without any prior notice.
Waitnpay reserves the right to change the nature of
Services from time to time without any prior notice.
Waitnpay reserves the right to change the nature of
Services from time to time without any prior notice.
User acknowledges and agrees that Waitnpay may stop
(permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally
at Waitnpay's sole discretion, without prior notice to
you. You may stop using the Services at any time, provided
that amounts that are due from you to Waitnpay under the
User terms shall be discharged by you.
The User acknowledges that each transaction shall be
assessed by Waitnpay in accordance with its own internal
standards for processing of such transactions and Waitnpay
shall have the right to deny the processing of any
transaction at its sole discretion.
3. User Eligibility:
- Users as approved by Waitnpay, shall have the
right to use the Service provided by Waitnpay.
- The Service is available only to User who can form
legally binding contracts under the Applicable Laws in
India.
- User must not be a minor as per Applicable Law
i.e. User must be at least 18 years of age to be eligible
to use our Service.
- Waitnpay advises its Users that while accessing
the Website, Service or CC, they must follow and abide by
the Applicable Laws. Waitnpay at all the times reserves
the right to deny the Service
4. User Accounts, Offers And Promotions:
Waitnpay collects general user data including name,
email-id, address, contact details, Aadhaar Card, PAN Card
etc. to facilitate Services by creating an account of the
User on the Website in accordance with Applicable Laws.
Waitnpay also collects relevant user data from the
Merchants to facilitate the Service efficiently. The
collection, verification, audit and maintenance of correct
and updated User information is a continuous process and
Waitnpay reserves the right, at any time, to take steps
necessary to ensure User's compliance with all relevant
and applicable KYC requirements, if any.
It is assumed that all information provided by the
User for signing up is correct accurate and up to date.
Waitnpay can verify the information that User have provided
and choose to refuse the Service or use of the service
without providing reasons. Also, Waitnpay reserves the
right to terminate its Services on account of misuse and
misrepresentation of any information provided by the User.
It will lead to automated termination of Service without
any prior notice to such User.
User account bearing details provided by the User are
created and owned by Waitnpay. Any promotional discounts,
offers and reward points accumulated or likes of such
provided by the Merchants can be revoked without prior
notice in the event of suspicious account activity or
malafide intent/conduct of the User. In the case where the
system is unable to establish unique identity of the User
against the details provided to Waitnpay, the account shall
be indefinitely suspended. Waitnpay reserves the full
discretion to suspend a User's account in the above
event and does not have the liability to share any account
information whatsoever.
5. Usage Conditions:
Users agree to use the Services only for purposes
that are permitted by a) the User Terms and b) any
Applicable Laws as amended from time to time for the time
being in force.
By using the website You agree not to:
- authorize others to use your account;
- assign or otherwise transfer Your account to any
third person or legal entity;
- use the Service or Website for unlawful purposes,
including but not limited to sending or storing any
unlawful material or for fraudulent purposes;
- use the Service or Website to cause nuisance,
annoyance or inconvenience;
- use the Service or Website with an incompatible or
unauthorized device
- impair the proper operation of the network and/or
interfere with or disrupt the integrity or performance of
the Website or Service;
- reverse engineer or access the Service or Website
in order to design or build a competitive product or
service, design or build a product using similar ideas,
features, functions or graphics of the Website or copy any
ideas, features, functions or graphics of the Website,
- launch an automated program or script, including,
but not limited to, web spiders, web crawlers, web robots,
web ants, web indexers, bots, viruses or worms, or any
program which may make multiple server requests per
second, or unduly burdens or hinders the operation and/or
performance of the Website or Service;
- try to harm the Service or Website in any way
whatsoever;
- disclose information designated as confidential by
Waitnpay, without Waitnpay's prior written consent;
and
- copy or distribute the Service or Website or other
Waitnpay content without written permission from Waitnpay.
You are solely responsible for any breach of your
obligations under this agreement (including financial
obligations) and for the consequences (including any loss
or damage which Waitnpay may suffer) of any such breach.
6. Payment conditions:
While using the Service, the User by clicking on the
"Waitnpay checkout" button or any other similar
button as provided under the Service on Merchant's
shop, website, e-commerce website and mobile based
application, shall have effected a transaction whereby the
User agrees that the amounts due under such transaction may
be recovered by Waitnpay on behalf of the Merchant. The
User shall not contest to rights of Waitnpay to recover
such amounts on behalf of the Merchant. Upon payment of
such amounts to Waitnpay, the User shall not have any
liability to the Merchant in respect of such amounts paid
to Waitnpay.
User shall make payments for the purchases made via
Service in the following manner:
a) The payment will be made within 7 days from date
of purchase or any later date as maybe intimated by
Waitnpay Waitnpay or its representatives may notify
(including by means of post, emails, SMS, phone calls,
automated phone calls) the User at any time (including on
and after the due dates of payment) regarding the details
of payments due. User agrees to the sufficiency of such
notification and agrees to make the payments due forthwith
upon such notification.
Users shall be entitled to make payments for the
Products purchased through UPI, NEFT, ECS/NACH and Debit
Card payment options. Users may also make payments through
Credit Cards by connecting with CC for enabling such
payment option and can also opt for recurring payments for
the Products purchased via Service to Waitnpay through UPI,
Credit Card, Debit Card and eNach (authenticated through
Net Banking or Debit Card) for amounts which are due.
Acceptance of recurring transactions shall be in accordance
with the applicable RBI guidelines.
The User shall be notified of the due date of
payments as per the provisions of this Agreement. In the
event of User not being provided notice of non-payment of
due for reasons attributable to the User or the User not
adhering to the provisions of payment clause (as may be
applicable), Waitnpay shall :
- impose a fine as per the following table +
applicable taxes (GST, etc.) ;
Amount Due |
Monthly Late Fee |
Rs. 0 - 250 |
Rs. 0 |
Rs. 251 - 500 |
Rs. 75 |
Rs. 501 - 1000 |
Rs. 100 |
Rs. 1001 - 2500 |
Rs. 200 |
Rs. 2501 - 5000 |
Rs. 350 |
Rs. 5001 & above |
Rs. 500 |
- (ii) be entitled to gather information in
accordance with Applicable Law from third parties in
respect of the User for the purpose of collection of
amounts due from the User;
- (iii) be entitled to engage third party collection
agencies for the purpose of collection of amounts due from
the User and
- (iv) be entitled to report any information
relating to non-payment of amounts due from the User to
credit bureaus or any other person having the authority to
collect such information in accordance with Applicable
Law. Waitnpay reserves the right to vary such fine or
impose any other fine in addition to or in replacement
thereof. In case of non-payment of the amount due within 7
days, the user account will be temporarily blocked. If the
User does not pay the amounts due for a period of 30 days
from the date such amounts are due, Waitnpay may suspend
the usage of the account of the User at its discretion and
notify the Merchants regarding such suspension of
User's account. User agrees to sharing of such
information by Waitnpay to the Merchants. Waitnpay may
revoke such suspension upon imposing any additional terms
and conditions on the User and such additional terms and
conditions shall be deemed to constitute a part of the
User Terms.
Waitnpay reserves the rights to proceed against You
in any manner as Waitnpay may deem fit (including but not
limited to any court process in a jurisdiction of
Waitnpay's choice) as per Applicable Law in relation to
any amount due to any Merchants.
User further agrees to:
- have understood the contract and terms and
conditions laid therein with Waitnpay for Website usage
and you have clearly understood the Service;
- use the Services for personal purpose only
(applicable in case of individuals);
- use an access point or 3G/4G data account which
you are authorized to use;
- the business entity, organisations and body
corporate shall use the Services for authorised purpose
only; keep account information confidential or any other
identification provided by Waitnpay which allows access to
the Service and the Website;
- provide with proof of identity/address reasonably
requested by Waitnpay;
- comply with all Applicable Law while using the
Website and the Service; and
- access or (attempt to access) any of the Services
by any means other than through the interface that is
provided by Waitnpay.
Waitnpay reserves the right to immediately terminate
the Service and the use of the Website should you not
comply with any of the above rules.
7. General Customer Behaviour While Using Service:
It is expected that a reasonable behaviour shall be
followed by the Users while utilizing the Services offered
by the Website and/or CC.
All the calls made to the Waitnpay's Customer
Care are recorded by Waitnpay for quality and training
purposes
8. REPRESENTATION AND WARRANTIES:
Without prejudice to the above, Waitnpay makes no
representation or warranty that:
- The Services will meet the User's
requirements.
- The Services will be uninterrupted, timely or
error free.
9. Amendment To Terms Of Contract:
Waitnpay reserves the right to add, vary or amend any
or all these terms and conditions at any time without prior
notice and the User shall be bound by such addition,
variation or amendment once such addition, variation or
amendment are incorporated into these User Terms at
Waitnpay's website at www.Waitnpay.com on the date that
Waitnpay may indicate that such addition, variation or
amendment is to come into effect. Waitnpay also reserves
the right to freely transfer or assign its rights and
obligations vis-Ã -vis the user under these User Terms
(including the transfer or assignment of the account of the
User maintained with Waitnpay and the provision of Services
to the User) to any third party, without the requirement of
seeking any further consent from the User.
10. INTELLECTUAL PROPERTY RIGHTS:
Waitnpay is the sole owner or lawful licensee of all
the rights to the Website and its content. Website content
means its design, layout, text, images, graphics, sound,
video etc. The website content embodies trade secrets and
intellectual property rights protected under worldwide
copyright and other Applicable Laws. All title, ownership
and intellectual property rights in the Website and its
content shall remain with Waitnpay, its affiliates or
licensor's of Waitnpay content, as the case may be.
These User Terms do not constitute a sale and do not
convey to User any rights of ownership in or related to the
Website, or any intellectual property rights owned by
Waitnpay.
All rights not otherwise claimed under this contract
by www.Waitnpay.com are hereby reserved. The information
contained in this Website is intended, solely to provide
general information for the personal use of the reader, who
accepts full responsibility for its use. Waitnpay does not
represent or endorse the accuracy or reliability of any
information, or advertisements (collectively, the
"Content") contained on, distributed through, or linked,
downloaded or accessed from any of the Services contained
on this Website, or the quality of any products,
information or other materials displayed, or obtained by
you as a result of an advertisement or any other
information or offer in or in connection with the Services
provided through the online technology platform. Waitnpay
reserves the right to make changes and corrections to any
part of the Content of this Website at any time without
prior notice.
We accept no responsibility for any errors or
omissions, or for the results obtained from the use of this
information. All information on this Website is provided
"as is" and "as available" with no guarantee of
completeness, accuracy, timeliness or of the results
obtained from the use of this information, and without
warranty of any kind, express or implied, including, but
not limited to warranties of performance, merchantability
and fitness for a particular purpose. Nothing herein shall
to any extent substitute for the independent investigations
and the sound technical and business judgment of the
User(s). In no event shall Waitnpay be liable for any
direct, indirect, incidental, punitive, or consequential
damages of any kind whatsoever with respect to the Service.
User(s) of this Website must hereby acknowledge that any
reliance upon any content shall be at their sole risk.
Waitnpay reserves the right (but shall have no obligation)
to pre-screen, review, flag, filter, modify, refuse or
remove any or all Content from any Service. It reserves the
right to moderate, publish, republish, and use all user
generated data, contributions and comments (including but
not limited to reviews, comments, likes, favorites, votes)
posted on the website as it deems appropriate (whether in
whole or in part) for its product(s), whether owned or
affiliated. It is not liable to pay royalty to any user for
re-publishing any content across any of its platforms.
Waitnpay reserves the right, in its sole discretion
and without any obligation, to make improvements to, or
correct any error or omissions in any portion of the
Services or the Website.
11. TRADEMARK:
All related icons and logos are registered trademarks
or service marks of Waitnpay in various jurisdictions and
are protected under applicable copyright, trademark and
other proprietary rights Applicable Laws. The unauthorized
copying, modification, use or publication of these marks is
strictly prohibited.
12. COPYRIGHT:
All content on the Website and Service is the
copyright of Waitnpay except the third party content and
any link to third party website on our Website
Any systematic retrieval of Waitnpay content to
create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots,
spiders, automatic devices or manual processes) without
written permission from Waitnpay is prohibited.
In addition, use of the content for any purpose not
expressly permitted in this agreement is prohibited and may
invite legal action. As a condition of Your access to and
use of Waitnpay's Services, You agree that You will not
use the Website and/or Service to infringe the intellectual
property rights of others in any way. Waitnpay reserves the
right to terminate the account of a User(s) upon any
infringement
of the rights of others in conjunction with use of
Waitnpay's Service, or if Waitnpay believes that
User's conduct is harmful to the interests of Waitnpay,
its affiliates, or other Users, or for any other reason in
Waitnpay's sole discretion, with or without cause.
13. ARRANGEMENT BETWEEN YOU AND THE ISSUING BANK
All valid credit / debit/ cash card/ and other
payment instruments are processed using a credit card
payment gateway or appropriate payment system
infrastructure and the same will also be governed by the
terms and conditions agreed to between You and the
respective issuing bank and payment instrument issuing
company.
All online bank transfers from valid bank accounts
are processed using the gateway provided by the respective
issuing bank which support payment facility to provide
these services to You. All such online bank transfers on
payment facility are also governed by the terms and
conditions agreed to between You and the respective issuing
bank.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY:
Waitnpay shall not be responsible or liable for any
loss or damage, howsoever caused or suffered by the User
arising out of the use Products offered by Merchant or due
to the failure of Merchant to provide Product to the Users
for any reason whatsoever including but not limited to the
User's non-compliance with the Service's terms,
malfunction, partial or total failure of any network
terminal, data processing system, computer telecom
transmission or telecommunications system or other
circumstances whether or not beyond the control of Waitnpay
or any person or any organization involved in the above
mentioned systems.
Waitnpay will not be liable for any damages of any
kind arising from the use of the Products offered by the
Merchant including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.
Waitnpay shall not be liable for any Content that you
may find indecent, offensive or objectionable. You shall
use the Services at your own risk.
Waitnpay will take all reasonable measures to ensure
that Merchant should fulfill his duty properly but there
may be exceptions and therefore Waitnpay will not be held
liable for any such compensation on account of the Merchant
not meeting expectations of Users.
Waitnpay shall not be liable for any conduct of the
Merchant or the Financial Partner. Waitnpay encourages
Users to notify any complaints that User may have against
any Merchant that User may have No advice or information,
whether oral or written, obtained by you from Waitnpay or
through or from the services shall create any warranty not
expressly stated in the terms.
Waitnpay disclaims any and all liability in respect
of the Merchant and their Products provided thereof. User
agrees to indemnify and keep Waitnpay, its affiliates and
licensors indemnified against all costs, expenses, damages,
losses and liabilities incurred or suffered by Waitnpay or
its affiliated companies related to any User content posted
or transmitted by User during the use of the Website or
Service or any unauthorised use of the Website or Service
in contravention of this Agreement.
15.GOVERNING LAW AND DISPUTE RESOLUTION:
These User Terms shall be governed by, and construed in
accordance with, the laws of India, without reference to principles of
conflicts of law. The parties agree that the courts of Mumbai shall have
exclusive jurisdiction over any dispute arising from or relating to the User Terms and/or the Website.
You expressly consent to the personal jurisdiction of said courts and waive
any objection to such personal jurisdiction based on forums non convenience or any other basis.
16. LIST OF FINANCIAL INSTITUTIONS PARTNER:
SWASTIKA FIN-MART PVT LTD.