TERMS & CONDITIONS

PayFor eCommerce (Private) Limited (“PayFor”) owns and operates an online platform consisting of a website and mobile application (the “Site”) for the provision of a Buy Now, Pay Later service, along with certain related services, whereby users avail an interest-free finance facility to purchase various goods and services from PayFor or its partner merchants (the “Services”). For the purposes of clarity, ‘Services’ shall include any other services or benefits that PayFor may offer on the Site from time to time.
By signing up for an account on PayFor, you shall be able avail the Services by purchasing goods and services either online (i.e., through our Site or our partner merchant’s website) and/or through our partner merchant’s retail outlets. Payment for all Services shall be made in a series of equal installments, to be paid in accordance with the payment option and installment plan selected at the time of placing an order through PayFor’s Services.
By browsing or accessing the Site in any manner whatsoever, you hereby agree and undertake that the terms and conditions contained herein (the “Terms”) shall govern your use of the Site and the Services. PayFor may modify the Terms at any point in time at its sole discretion and without any prior notification. PayFor shall bear no responsibility or liability towards you or any third-party for any variations or modifications to the Terms. You are advised to regularly review the Terms and, in the event that you consider any modifications thereto to be unacceptable, you are advised to discontinue accessing the Site and availing the Services. Your continued use of the Site and Services shall constitute acceptance of any amended or modified Terms.

2.1. For the purposes of registering for this Site, you hereby agree and undertake that you shall provide accurate and complete details which shall remain updated at all times, having particular regard to your identity, payment details and shipping & billing address.
2.2. You hereby represent and warrant that you are at least eighteen (18) years of age and legally competent to enter into contracts.
2.3. You hereby represent and warrant that there are no suits or claims filed by or initiated against you for bankruptcy or insolvency proceedings.
2.4. Your use of the Site and Services shall be constituted as your acceptance and acknowledgement that you satisfy the eligibility criteria laid out under these Terms.

PayFor accepts payment for the Services through Cash on Delivery or through Credit/Debit Card. You shall be required to select the relevant payment option at the time of confirming your order through the Services, subsequent to which the following terms and conditions shall apply:

(1) In the event that you select payment through Cash on Delivery, you shall be required to pay the first installment at the time of delivery of the product, along with the applicable delivery fee & any and all other related fees, dues and charges related to the Services.
(2) The remaining installments, along with any other related costs, charges and expenses arising with connection to the purchase of the relevant product through PayFor (the “Balance Price”) shall be payable in equal installments subject to the installment payment plan selected at the time of placing the order. PayFor shall generate and email to you an invoice (the “Invoice”) listing the total number of installments/upcoming payments with their respective due dates (the ‘Due Date(s)’) and other related payment details. The Invoice may also be viewed on your PayFor account.
(3) Upon delivery of the product, you agree and undertake to pay the Balance Price by providing post-dated cheques equivalent to the amount of each equal installment payable under sub-clause (2) (the “Cheques”). The Cheques shall be executed in favor of ‘PayFor eCommerce (Private) Limited.’ In the event that you fail to produce the requisite number of Cheques with the applicable Due Dates at the time of delivery of the product, our concerned logistics partner shall be entitled to refuse delivery of the product.
(4) You hereby represent, undertake and warrant the following:
i. The Cheques provided to PayFor shall be genuine. You agree and acknowledge that the provision of ingenuine, forged, falsified or fraudulent cheques is a criminal offence which shall entitle PayFor to take strict legal action against you before a competent Court of Law;
ii. The Cheques shall be in useable condition, fit for their intended purpose, duly signed and shall bear the relevant Due Date; and
iii. You shall have sufficient balance in your bank account at all times in order to ensure that the Cheques are not dishonored upon encashment. You agree and acknowledge that a dishonored cheque is a criminal offence which shall entitle PayFor to take strict legal action against you before a competent Court of Law.

(1) In the event that you select payment through Credit/Debit Card, you shall be required to pay the first installment through online transfer of funds at the time of placing an order, along with the applicable delivery fee & any and all other related fees, dues and charges related to the Services. Your order shall only be deemed to be confirmed once the first installment has been successfully made to PayFor.
(2) The remaining installments, along with any other related costs, charges and expenses arising with connection to the purchase of the relevant product through PayFor (the “Balance Price”) shall be payable in equal installments subject to the installment payment plan selected at the time of placing the order. PayFor shall generate and email to you an invoice (the “Invoice”) listing the total number of installments/upcoming payments with their respective due dates (the ‘Due Date(s)’) and other related payment details. The Invoice may also be viewed on your PayFor account.
(3) You hereby agree and acknowledge that, upon selecting the option to pay for the Services through Credit/Debit Card, PayFor shall acquire pre-authorization approval to automatically deduct all future installments/upcoming payments from your banking account upon the relevant Due Date.
(4) All payments made by Credit/Debit card shall be subject to the terms and conditions of the card issuer. In the event that any upcoming installments cannot be processed for any reason whatsoever (e.g., due to insufficient balance), you shall be solely liable for any resulting fee or charges.
(5) Your bank or card issuer may offer discounts/incentives on the purchase of goods from certain merchants. You agree and acknowledge that such benefits may not be applicable upon the purchase of said goods through PayFor.

(1) PayFor may, at its sole discretion, provide discounts, sales promotions, retailer/merchant offers, special events, pre-access to products, samples and giveaways. Any such offers or benefits shall be subject to terms and conditions as notified to you.
(2) No additional fees are charged by PayFor unless stated otherwise in these terms or at the time you place an order.

At any point in time prior to delivery of the product, PayFor may, at its sole discretion, cancel or reject an order placed through the Services. In such case, you shall be duly informed through notification on your PayFor account, e-mail, phone-call and/or through SMS, following which PayFor shall refund the Advance Payment made (if any) within fourteen (14) working days.

The following shall constitute Events of Default:

4.1. In the event a Cheque provided under Clause 3.1. is dishonored;
4.2. In the event that a Cheque provided under Clause 3.1. is found to be ingenuine, false, forged and/or fraudulent;
4.3. In the event that a Cheque provided under Clause 3.1. is not duly signed or dated and/or is discovered to be unfit for use at the time of submission;
4.4. In the event that you refuse to make payment of the first installment and/or provide the requisite number of Cheques;
4.5. For payment made through Credit/Debit Cards, in the event upcoming installments cannot be processed for any reason whatsoever;
4.6. In the event that suits or claims are filed by or against you for bankruptcy or insolvency; and/or
4.7. In the event that you breach the Terms and/or any representation, warranty or undertaking provided by you under the Terms is found to be false or misleading in any manner whatsoever.

5.1. In the event that a Cheque is dishonored under clause 4.1., you shall be duly notified and directed to issue a fresh Cheque and/or make immediate payment for the outstanding amount in accordance with the instructions communicated to you by PayFor. If you fail to comply, PayFor shall be entitled to take action against you in accordance with clause 5.4.
5.2. In the event that a Cheque is not duly signed or dated and/or is discovered to be unfit for use at the time of submission under clause 4.2. and/or clause 4.3, you shall be duly notified and directed to issue a fresh Cheque in accordance with the Invoice, Terms and/or any instructions communicated to you by PayFor. If you fail to comply, PayFor shall be entitled to take action against you in accordance with clause 6.3.
5.3. For payment made through Credit/Debit Cards, in the event upcoming installments cannot be processed for any reason whatsoever, you shall be duly notified and directed to make immediate payment for the outstanding amount in accordance with the instructions communicated to you by PayFor and/or to add a new Credit/Debit Card on your PayFor account which is active for online transactions. If you fail to comply, PayFor shall be entitled to take action against you under clause 5.4.
5.4. Upon the occurrence of an Event of Default, subject to clause 5.1, clause 5.2. and clause 5.3, you hereby agree and acknowledge that PayFor may, in its sole discretion:
5.4.1. Take strict criminal action against you under the applicable laws;
5.4.2. Accelerate your payment obligations towards PayFor by either readjusting your repayment schedule or demanding immediate payment of all outstanding payments associated with your PayFor account;
5.4.3. Initiate civil proceedings against you for recovery of any delayed payments, along with a late payment fee of up to ten (10%) percent of the total outstanding amount.
5.4.4. Suspend and/or terminate your PayFor account with immediate effect, along with any and all pending orders initiated through the Services (without refunding any payments made by you to PayFor in relation to your account);
5.4.5. Report your lack of creditworthiness to PayFor’s partner merchants, businesses, affiliates, subsidiaries, the relevant government authorities and/or any other third-parties; and/or
5.4.6. Engage the services of debt collection agencies in order to seek recovery of any and all outstanding payments payable by you to PayFor
5.5. You hereby release and forever discharge PayFor from and against any loss, harm or damage incurred by you or any related third-party due to the enforcement of PayFor’s rights, as provided under the Terms.

PayFor does not guarantee the availability of any good irrespective of whether or not the same is displayed as available on the website of PayFor’s partner merchant.

7.1. In the event that you are dissatisfied with a product purchased through the Services, you may raise a complaint with PayFor within two (2) days of delivery of the product. In the event that PayFor determines your complaint is genuine subject to its Claims Settlement Process, you may return the product and either exchange it for another product of equal value featured on the relevant merchant’s website or obtain a refund on any payment made to PayFor for the returned product within seven (7) working days from the date of return.
7.2. PayFor does not guarantee that you will be able to exchange all products purchased through the Services. All requests to exchange a returned product shall be subject to the exchange policy of the respective merchant and/or the agreed terms of service between PayFor and the respective merchant.
7.3. You agree and acknowledge that any and all decisions to accept returned products shall be subject to the sole and exclusive discretion of PayFor.

By accessing the Site and availing the Services, you hereby agree and undertake the following:
8.1. You shall not use the Site or Services for any illegal or fraudulent purpose and/or in connection with any unlawful or criminal activity;
8.2. You shall not use the Site or Services in a malicious manner, for example, by hacking into or inserting a malicious code or virus into the Site or any third-party operating system;
8.3. You shall not transmit any data or material designed to temporarily or permanently damage, interrupt, corrupt or impair the functionality of the Site and/or any other device or network.
8.4. You shall not use the Site or Services to gain unauthorized access to other user accounts or computer systems;
8.5. You shall not impersonate any person or misrepresent that you are affiliated with any company, organization or entity;
8.6. You shall not engage in any behavior which interferes with other users’ enjoyment of the Site and Services;
8.7. Any other behavior which PayFor determines, at its sole discretion and without prior notification, are incompatible with its values and policies.
Failure to comply shall entitle PayFor to suspend or terminate your use of the Site and Services and/or pursue all legal remedies and actions against you.

9.1. You are solely responsible and liable for undertaking all necessary precautions for the purposes of maintaining confidentiality regarding your user identification information, passwords and related account details. You shall ensure, at your own risk and cost, that all devices utilized by yourself for the purposes of using the Site and Services are adequately protected against any unauthorized access, misuse or disclosure of your account and/or related account details. In the event that the security of such devices or software are breached, PayFor shall not be held liable towards you or any third-party for any loss or damage.
9.2. In the event that you authorize a third-party to use and access your account on the Site, you shall be held solely and exclusively responsible and liable for any and all transactions initiated by said third-party through your account, irrespective of whether or not you permitted said third-party to initiate such transaction.
9.3. You hereby agree and undertake that you shall be held liable for any and all transactions initiated from your account, with or without your knowledge.

10.1. By accessing the Site and availing the Services, you hereby agree and consent to PayFor collecting your data including but not limited to your transaction data & history, repayment records, IP address, login data, location, time zone setting, feedback/survey responses, usage data (including without limitation search history and devices utilized to access the Site), browser type and version, mobile model, device settings, cookie information, your correspondences with us in electronic or non-electronic form, statistical/demographic data and your preferences in receiving marketing and communication from PayFor (the “Data”).
10.2. You hereby agree, represent, warrant and undertake that PayFor shall be entitled to retain the Data for its business purposes. However, such Data shall not include your personal financial information (e.g., your credit or debit card details). In various circumstances, PayFor may anonymize your Data for research and statistical research, so that the Data is no longer personally identifiable to you. Furthermore, PayFor may utilize the Data in order to, without limitation, enhance your experience on the Site, assess your eligibility to continue availing the Services, or share the Data with its partner merchants, affiliates, subsidiaries and related third-parties to offer you special benefits. In addition, PayFor shall utilize your Credit/Debit Card details in order to receive payments for all your future installments in respect of any order placed through the Services.
10.3. The use of the Data shall be subject to any and all applicable laws, rules and regulations.

11.1. You hereby consent to receiving communications from PayFor regarding the Services through postal mail, e-mail, phone-call, SMS and/or through notification on your PayFor account.
11.2. You agree and understand that PayFor shall monitor and record all communications with you for quality control and training purposes.
11.3. All electronic communications shall be deemed to have been received by you within twelve (12) hours from the time of dispatch. All postal mail shall be deemed to have been received by you within three (3) working days from the date of dispatch.

The ownership of all rights in the trademarks, copyrights, design rights, patent rights, source codes, data, servers, platforms, software applications, confidential information, domains, the Site and other applications, databases, networks or other intellectual property rights of PayFor (collectively referred to as the "Intellectual Property Rights") shall at all times remain the exclusive property of PayFor and nothing contained in these Terms shall be construed to confer or create a right in favor of the any user to use or appropriate the Intellectual Property Rights unless authorized in writing by PayFor. The Site is solely and independently developed by PayFor and therefore is the work product and intellectual property of PayFor. It is hereby agreed and understood between that the title, ownership and propriety rights in the Site shall at all times remain with PayFor. You shall not, directly or indirectly, infringe, reverse engineer, de-compile, disassemble or otherwise attempt to derive source code or other trade secrets from the Site, its’ related platforms, applications or software and/or from any other Intellectual Property Rights.

You shall be responsible for payment of all direct and indirect federal, provincial or local taxes, duties, cess, fees, levies, or charges of whatsoever nature payable with respect to the purchase of products or utilization of Services as may be prescribed or levied from time to time under any applicable law.

You agree to defend, indemnify and hold harmless PayFor, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to PayFor or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Term or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

15.1. The Site, including all content, software, functions, materials and information made available on or provided in connection with your access to and use of the Site, are provided "as-is." You hereby acknowledge and confirm that you shall access and use the Site at your own risk, cost and expense.
15.2. PayFor hereby disclaims: (i) any representations or warranties regarding the Site and Services or the transactions contemplated by this Agreement, including any implied warranties of merchantability or fitness for a particular purpose, (ii) implied warranties arising out of course of dealing, course of performance or usage of trade and (iii) any obligation, liability, right, claim or remedy in tort, whether or not arising from PayFor’s negligence. No representation or warranty is provided by PayFor that the functions contained in the Site shall meet your requirements or be available in timely, secure, uninterrupted or error free manner. PayFor does not guarantee that the Site and Services shall be functional or available at all times and/or free from any errors, glitches, defects, viruses, downtime and/or other forces on the internet.
15.3. You acknowledge that the Site may be suspended in whole or part from time to time, whether due to any factors including but not limited to routine maintenance, downtime, errors, glitches or other interruptions. PayFor shall not be held liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any transaction on the Site.
15.4. PayFor is not an agent or representative of the merchant. PayFor disclaims all responsibility and liability for any claims, loss or harm incurred by yourself or any third-party and attributable to the actions, omissions, negligence, carelessness or recklessness of any of its partner merchants .
15.5. PayFor is not the manufacturer or producer of the goods purchased through the Services. Subsequently, PayFor does not guarantee the merchantability, reliability, suitability, safety, quality or lawfulness of any good and neither does PayFor guarantee that the goods displayed on its partner merchant’s website shall match the photographs and videos uploaded by the merchant on their respective website. All users shall use their own prudent judgement to enter into transactions on this Site at their sole risk and discretion.
15.6. You hereby release PayFor from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the goods purchased through the Services. PayFor shall not be held liable (whether in contract, warranty or tort including negligence, product liability or otherwise) to you or any other person for any loss of profit, revenue, business or data or any punitive or consequential damages arising out of or relating thereto.
15.7. In no event shall PayFor be liable to you or any third party for any direct, indirect, exemplary, punitive, special or consequential damages, including but not limited to loss of business, revenue, profits, losses or damages arising out of claims from the use of the Site, howsoever arising and whether under contract, tort or otherwise (including without limitation third party claims, loss of profits, loss of revenue or damage to reputation or goodwill etc.).

PayFor shall not be liable for any loss suffered by you or any third-party for failure to perform whole or part of its obligations resulting from acts or causes beyond its reasonable control or any acts of God including but not limited to COVID-19, pandemics, strikes, forces on the internet, floods, earthquakes, storms, weather conditions, enactment of new laws and/or amendment of existing laws, or regulations of any governmental or supra-national authority (“Force Majeure Event”). Your payment obligations towards PayFor shall survive the occurrence of a Force Majeure Event.

PayFor may, at its sole discretion, indefinitely suspend and/or terminate your account and access to use the Site and Services without prior notification. In such case, PayFor shall not be held liable towards you or any third-party for any loss, harm or damage. PayFor may exercise this right in addition to any other remedies and actions available to it under the applicable law against you. Your payment obligations towards PayFor shall survive suspension/termination of your account for any reason whatsoever.

18.1. We may, at our sole discretion, delay or refrain from enforcing any rights and remedies available to us under this Agreement without limiting our right or ability to exercise such rights and remedies at a future point in time.
18.2. In the event any one or more of the provisions of these Terms is held to be void, unenforceable or illegal under the applicable law, such nullity or unenforceability or illegality shall not affect any other provision of these Terms.
18.3. The captions and headings used herein are inserted only as a matter of convenience and for reference and shall not affect the construction or interpretation of this Agreement in any way.
18.4. You hereby agree and acknowledge that your legal heirs, successors-in-interest, representatives, permitted assigns and/or administrators shall be bound by the terms and conditions contained under this Purchase Agreement.