Terms and Conditions for PayU LazyPay Services
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of www.lazypay.in
and the LazyPay Services (defined below), or any other portal as may be launched by PayU Payments Private Limited ("LazyPay website").
1.1 These terms and conditions ("T&C"), and all applicable policies which are herein incorporated by way of reference govern your rights and obligations as a user of the services provided by PayU (defined below) to LazyPay Users (defined below), while accessing and using the LazyPay online application and/or availing the LazyPay Services (“Site”) as may be rendered by PayU Payments Limited, a company incorporated under the laws of India and having its corporate office at PayU Payments Private Limited, 9th Floor, Bestech Business Tower, Sohna Road, Sector – 48, Gurgaon, 122002, Haryana ("PayU"). You agree and acknowledge that the LazyPay Services may be provided by PayU, through its partner merchants and/or third party banks or financial institutions.
1.2 By availing the LazyPay Services, you agree to be bound by these T&C, including any additional guidelines and future modifications issued by PayU from time to time. If at any time you do not agree with these T&C, you shall immediately cease your use of such LazyPay Services. PayU reserves the right to amend, add, or remove portions of these T&C, from time to time, without notice to you by posting revised T&C on the LazyPay website.
You agree of having read and understood the Frequently Asked Questions ("FAQ") uploaded from time to time.
1.3 Your access to and use of the LazyPay website and the LazyPay Services are conditional upon your acceptance of and continuous compliance with these T&C at all times. By accessing, browsing and/or using the LazyPay website and/or availing any of its services, including LazyPay Services, you agree to be bound by these T&C, including all rules, guidelines, policies, terms and conditions applicable to the LazyPay Services being provided by PayU ("Policies"), as may be modified by PayU from time to time, which shall be deemed to be incorporated in these T&C by reference, unconditionally and at all times. PayU shall have the sole right to change, modify, add or remove these T&C or any of its Policies relating to the provisions of access to the LazyPay website and LazyPay Services, at any time without any prior written notice or intimation. It is hereby clarified that you shall be responsible for reviewing the T&C and Policies on the LazyPay website periodically and keep yourself updated with any change in the T&C and Policies.
In fact, LazyPay Users should periodically review this page for the latest information on our T&C and Policies. Once posted, those changes are effective immediately, unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended T&C and Policies. However, if you do not agree with the changes, please do not continue to use the Services or submit Information to us.
II User Eligibility
2.1 The access to the Site is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the LazyPay website and/or the LazyPay Services. If you access Site or use LazyPay Services, you, as a LazyPay User, represent to PayU that atleast of 18 years age and are competent to enter into legally binding contracts under the Indian Contract Act, 1872.
2.2 For accessing the Site and using LazyPay Services, you, as a LazyPay User, further represent to PayU that to PayU that you are an Indian National having tax residency in India. You also represent and assure PayU that you are not a tax resident of USA or any other country.
2.3 It is hereby clarified that PayU reserves the right to provide the LazyPay Services to only those users who are both competent to enter into legally binding contracts, have made the representations as provided above, and also qualify under the internal policy(s) for the same determined solely by PayU from time to time ("LazyPay User"/ "you"/"your"). PayU shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(s) in relation to the provision of the LazyPay Services of PayU, at any time without any prior written notice or intimation to the LazyPay Users and PayU shall have the right to not entertain any requests in relation to the same, from the LazyPay Users towards such LazyPay Services, without assigning any reason.
2.4 You hereby authorize PayU to register you with PayU in order to avail the LazyPay Services, other features and products offered by PayU. Accordingly, in the event a LazyPay User is not already registered with PayU in relation to the other services rendered by PayU or does not have a LazyPay Account (defined below), PayU is authorized to register such LazyPay User, by creating the LazyPay User’s account with PayU in relation to the LazyPay Services, offered by PayU ("LazyPay Account"). You cannot avail the LazyPay Services unless you have an existing LazyPay Account. It is hereby clarified that all terms and conditions in relation to creation and use of the LazyPay Account as specified on the LazyPay website shall be applicable in addition to these T&C.
III Lazy Pay Services
3.1 PayU provides to the LazyPay Users (i) option for payment facilitation services for purchase of product or service on specific merchant websites or outlets ("Partner Merchant"), wherein the LazyPay User shall be provided can opt for a checkout transaction processing at Partner Merchant websites and providing invoicing services and payment management systems in relation to the purchase of products or services from the Partner Merchant; and/or (ii) option to a LazyPay User to transfer funds into the LazyPay User’s verified bank account (iii) Partner Merchant checkout option which can be availed by the LazyPay User and make the payment on instalments, on the terms and conditions that may be accepted by the LazyPay User from time to time (above options jointly and severally known as "LazyPay Services"). It is clarified that PayU reserves the right to LazyPay service to any LazyPay User in whole or in part.
3.2 In order to render the LazyPay Services, PayU may partner with the Partner Merchant, third party banks or financial institutions and such other entities ("Financial Institutions") as may be determined by PayU, in its sole discretion.
3.3 The LazyPay User availing the LazyPay Services shall be entitled to make payment of the purchase price of the products, subject to monetary limited specified by PayU or the amount approved and transferred into the LazyPay User’s / Partner Merchant’s bank account, as the case
may be, ("Transaction Amount"). PayU reserves the right to amend such monetary limit/ approve or reject funds in case of option as applicable to each LazyPay User, at its sole discretion, for any reason whatsoever.
3.4 The LazyPay User hereby agrees and acknowledges that the payment of the Transaction Amount shall be made by the LazyPay User, to PayU, who is authorised by the Partner Merchant and/or third party banks or financial institutions to collect the Transaction Amount, on behalf of the Partner Merchant and/or third party banks or financial institutions, as the case may be, in the manner specified by PayU. By availing the LazyPay Services, you authorize PayU or its authorized representatives to collect the Transaction Amount from you, on behalf of the Partner Merchant and process, facilitate and remit the payments to the Partner Merchant selling the products.
3.5 Once the LazyPay User becomes eligible to avail LazyPay Services and is selected and approved by PayU, the LazyPay Services option for transfer of funds into the LazyPay User’s/ Merchant’s bank account as the case may be.
3.6 Upon selection of the LazyPay Service option on the Partner Merchant’s platform by the LazyPay User, the LazyPay User will be required to complete the transaction(s) through one of the methods of authorization prescribed by PayU from time to time, including but not limited to entering the one-time password issued by PayU to such LazyPay User to complete the transaction ("Authentication Process"). Completion of the Authentication Process, shall effectuate the transaction vis-à-vis the Partner Merchant or the Partner Merchant and the financial partner, as the case may be and the transaction shall be deemed completed and the LazyPay User hereby authorises PayU to deduct such Transaction Amount from his/her LazyPay Account upon completion of the Authentication Process. For provision of the option of transfer of funds into the LazyPay User’s bank account, the LazyPay Users KYC will be collected and/or validated; bank account for credit of LazyPay approved amount and re-payment thereof, will be linked once the LazyPay User accepts the credit agreement between LazyPay User and the the Financial Institution (defined below) and PayU, and allied terms and conditions governing such credit. Upon completion, the funds will be transferred into the LazyPay User’s / Merchant bank account. The LazyPay User hereby authorises PayU to deduct such Transaction Amount from his/her LazyPay Account or LazyPay User’s Bank account in which the Transaction amount was credited.
The LazyPay User shall ensure that true and correct details are furnished to PayU including all information required for the account opening process and the KYC process and such or other information, details and clarifications that PayU may require from time to time.
LazyPay User understands and agrees that, pursuant to the provisions under applicable laws, approvals/ permissions, and policies of PayU and Financial Institutions, PayU may be (either by itself or through authorised third party) required to collect physical certified true copies of account opening documents / KYC documents/ payments etc from the LazyPay User. LazyPay User agrees and consents to cooperate and provide all the such relevant data/ documents etc. for the purpose of verification and account opening.
The details pertaining to the Authentication Process or KYC collection/ verification and linkage to bank account shall be issued by PayU and shall be sent to the LazyPay User and you hereby you
consent to receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. You hereby consent and agree that any pin, password etc. issued by PayU, shall be used or undertaken, as the case may be, only by you, that they shall not be disclosed by you to any third party and that you shall take all such steps, including deleting/destroying all records of pin, password etc. issued by PayU, to ensure that such unauthorised disclosure of the same is prevented. You agree to immediately notify PayU of any unauthorized use of your pin, password etc. issued by PayU or any other breach of security. It is hereby clarified that PayU will not be liable for any loss, damage or other liability arising from your failure to comply with these provisions or from any unauthorized access to or use of the pin, password etc. issued by PayU. In the event of any dispute between 2 (Two) or more parties as to ownership of a particular OTP or any other form of authentication (as may be specified by PayU), you agree that PayU will be the sole arbiter of such dispute, at its sole discretion and that PayU's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
3.7 You hereby acknowledge and agree that you shall be solely responsible for immediately notifying PayU of any change in the email address and/or mobile number registered with PayU. You further acknowledge and agree that you shall be solely liable for any losses, disputes and/or fraudulent transactions undertaken on a Partner Merchant platform due to your failure in complying with this Clause or any other reason and PayU shall have no liabilities in this regard.
3.8 You hereby acknowledge that you are solely responsible for the transactions / payments made for the products/ services purchased by you, by entering the pin, password etc. issued by PayU to you. You consent and agree to not revoke such transactions at any time. You hereby acknowledge that other than pin, password etc. issued by PayU, entered by you for a particular transaction, PayU has no obligation, responsibility or liability to verify the transactions authenticated and/or authorised by you or your payment instructions.
3.9 You hereby agree and acknowledge that PayU has been authorized by the Partner Merchant and/or third party banks or financial institutions, as the case may be, to collect the Transaction Amount, on behalf of the Partner Merchant and/or third party banks or financial institutions, as the case may be and you shall be liable to pay to PayU the Transaction Amount. In this regard, you hereby agree and acknowledge that upon authentication and completion of transactions, PayU shall raise a statement on the LazyPay User pertaining to the transactions undertaken by the LazyPay User through LazyPay Services ("Statement Amount") specifying details pertaining to the timelines and manner in which the Statement Amount is required to be repaid by the LazyPay User ("Statement") to PayU by e-mail/SMS/any other medium as identified by PayU from time to time. You, however, hereby agree, acknowledge and confirm that PayU shall not be liable under any circumstances whatsoever in relation to non-delivery and/or delay in receipt of the Statement whether by e-mail/SMS/any other medium as may be identified by PayU, due to default / non-delivery / delay at the end of the third party(s) telecom service provider(s) and/or other service provider(s).
3.10 It is hereby clarified that all products or services made available to a LazyPay User through the Partner Merchant website are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by PayU. PayU does not make any representations pertaining to the information, content, products/services included on or delivery of the products/services or otherwise made available to a LazyPay User through the Partner Merchant
and only acts as an intermediary between the Partner Merchant and the LazyPay User. You hereby further agree, acknowledge and confirm that PayU is not responsible in any way for the product/services purchased by you from the Partner Merchant and it is explicitly agreed by you that PayU will not in any way, under any circumstances whatsoever, be responsible or liable for products/services purchased by you from the Partner Merchant and/or in relation to any issue and/or dispute thereof. You hereby further agree, acknowledge and confirm that under the aforesaid circumstances your only recourse will be against the Partner Merchant and/or the Financial Institution and PayU will not be made a party to any such issue and/or dispute between yourself and the Partner Merchant/ Financial Institution as the case may be.
3.11 PayU shall have the right to not process a transaction through the LazyPay Services, if PayU in its sole discretion determines that a transaction undertaken by a LazyPay User is not authorised by such LazyPay User or the transaction is not genuine or suspicious.
3.12 You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by PayU or a Partner Merchant or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to the LazyPay Services.
3.13 You hereby acknowledge and agree that PayU shall not be liable for failure of any transaction undertaken on the Partner Merchant platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner Merchant, deficiency of service and/or products delivered, technical errors on the Partner Merchant platform. You further acknowledge that PayU shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you using LazyPay Services.
4.1 The LazyPay User hereby undertakes and agrees to pay the Statement Amount as per the timelines specified in the Statement issued by PayU, in accordance with these T&C. The LazyPay User hereby undertakes and agrees to pay the Statement Amount within the timelines specified by PayU.
4.2 The LazyPay User shall have the option to pay the Statement Amount through the payment methods specified by PayU such as IMPS, NEFT, debit/credit card, net-banking, wallet, etc. You hereby further agree to not use any payment method other than the payment methods prescribed and permitted by PayU for the purpose of paying the Statement Amount and/or any other amounts due and outstanding to PayU.
4.3 The LazyPay User hereby acknowledges and agrees that the due date specified in the Statement for payment of the Statement Amount is the date by which Statement Amount should be credited to PayU’s account. You hereby agree and acknowledge that you shall be solely liable for any delay caused in payment of the Statement Amount, due to the time taken for settlement and clearing of the Statement Amount from the account of the LazyPay User to the PayU account.
4.4 PayU shall issue reminders to the LazyPay User post issuance of the Statement in relation to the Statement Amount due and payable by such LazyPay User. In the event the LazyPay User fails to make the payments within the timelines specified in Statement, the LazyPay User shall be issued a written reminder within three days post the due date.. In the event you fail to make the payments within the period specified in such written reminder, PayU shall send you final intimation in
writing informing you regarding the amounts so due and the steps PayU shall take to realise the same from you on behalf of the Partner Merchant ("Final Payment Reminder").
4.5 In this regard, you hereby agree and acknowledge that in the event the Statement Amount is not credited to PayU’s account by the payment date specified in the Statement, PayU shall have the right to impose of penalty of upto 18 % per day of the Statement Amount for each day till such Statement Amount is credited to PayU’s account. You hereby undertake that you will not raise any objections against any imposition of penalty. PayU may at its sole discretion waive such penalty imposed on the LazyPay User.
4.6 You hereby consent and agree that PayU, acting on behalf of the Partner Merchant and/or the third party bank or financial institution, shall realise or set-off the Statement Amount from you by any 1 (One) of the following methods –
Setting off the amounts due against any amounts lying in your LazyPay Account;
By charging / debiting any other payment instrument (like a designated credit card account or a designated debit card account), held under your name;
By debiting your bank account in which Transaction amount was credited; and/or
Engaging any person(s), at your sole risk and cost, to collect the amounts due from you.
In this regard, you hereby agree to undertake all necessary actions, as maybe requested by PayU and provide your consent for any deductions to be made in accordance with this Clause.
4.7 You hereby acknowledge and agree that PayU may share any and/or all the information provided by you to PayU to any service provider, financial institution and/or Governmental instrumentality for the purpose of providing the LazyPay Services, including but not limited to realise the amounts due and payable to PayU by you/a LazyPay User in relation to the LazyPay Services. Further, PayU may share any and/or all the information provided by you to PayU to any third party including any agency or bureau in relation to your default payment status and default in meeting your obligations in the manner contemplated in these T&C.
4.8 In the event a LazyPay User fails to pay the Statement Amount, PayU shall have the right to suspend the LazyPay Account of such LazyPay User and notify the Partner Merchant and third part banks/ financial institutions, as the case may be, regarding the suspension of the LazyPay Account of such LazyPay User and take any other legal recourse against you.
V. SUBMISSION OF PERSONAL INFORMATION
5.1 You agree that the personal information such as name, address, contact number, KYC details, etc. ("Personal Information") you provide to PayU upon registration and at the time of availing the LazyPay Services and at all other times will be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate and complete.
5.2 If you provide any Personal Information that is untrue, inaccurate, not current or complete, PayU has the right to suspend or terminate your LazyPay Account created on the LazyPay website and refuse any and/or all use, either present or future, of the services of PayU, including LazyPay Services, or any portion thereof. It is hereby clarified that PayU shall not be liable in any manner whatsoever for any loss or damage incurred by a LazyPay User or any dispute initiated by or against a LazyPay User, due any untrue, inaccurate, not current or incomplete Personal Information provided by such LazyPay User.
5.4 You further agree that such Personal Information may be displayed, automatically or otherwise, upon logging into your LazyPay Account and/or initiating any transaction on the Partner Merchant website. Please note that your information, including Personal Information and information required to service your LazyPay Account, is readily available on the LazyPay website and only viewable by you by logging on to the LazyPay website.
5.5 It may be noted that PayU handles all such information including Personal Information in accordance with the provisions of the applicable law as may be applicable from time to time and only for the duration lawfully required, thereunder.
5.6 You hereby specifically agree that you shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made thereunder.
5.7 You hereby authorise PayU to request for additional information/documentation, at any time, in order to verify that the information provided by you is accurate and complete. In order to allow your continued and uninterrupted use of the LazyPay Services, PayU shall request from time to time, for additional information/documentation from you, in order to be in conformity with know your customer (KYC) requirements as per applicable laws. You agree to provide PayU with such additional information/documentation, as is required by PayU at any time, to verify the accuracy and completeness of the information provided by you and its conformity with the said KYC requirements.
VI. CANCELLATION AND REFUNDS
6.1 In the event of cancellation or refunds in relation to a transaction undertaken by LazyPay User using LazyPay Services, such LazyPay User will continue to be liable for paying the Statement Amount to PayU within the timelines specified by PayU.
6.2 You hereby undertake and agree to pay the Statement Amount, within the timelines specified, irrespective of cancellation/refund of a transaction. PayU hereby undertakes and agrees, that in the event of a cancellation/refund request being made by a LazyPay User in accordance with the terms of the Partner Merchant website, the refunded transaction amount (less cancellation charges, if any) ("Refund Amount") shall be credited to the LazyPay Account of such LazyPay User, within the timelines agreed with the Partner Merchants and subject to availability of funds of the Partner Merchant.
6.3 You hereby acknowledge and agree that the Refund Amount can only be utilized by the LazyPay User to make payments to PayU in the future against the use of the LazyPay Services from time to time. It is hereby clarified that the LazyPay User shall not have the right to transfer or withdraw the Refund Amount or use the Refund Amount in relation to any other services rendered by PayU. You hereby agree, acknowledge and confirm that the Refund Amount may be credited to a designated bank account or a designated credit card account or any other designated financial account (other than your LazyPay Account), solely at the discretion of PayU.
VII. LIMITATION OF LIABILITY
7.1 The LazyPay User acknowledges that PayU’s liability with respect to the LazyPay Services shall be limited and shall be as per these T&C. PayU reserves the right, in its sole discretion and without assigning any reason, to exclude certain LazyPay Users from availing the LazyPay Services in the future.
7.2 The LazyPay User agrees and confirms that the sole and exclusive responsibility and obligation of PayU is to ensure that the LazyPay Services are being provided in compliance of all applicable laws, rules and regulations.
7.3 The LazyPay User acknowledges that the LazyPay Website and the LazyPay Services are being provided on a ‘as is’ basis and may be interrupted while browsing, transacting, using or uploading information on the Partner Merchant website and / LazyPay Website. The Lazy Pay Users further agree that PayU reserves the right to suspend the LazyPay Services, forthwith without assigning any reason whatsoever, at the sole discretion of PayU.
7.4 The LazyPay User agrees that, if it does not agree to the applicability of any of the T&C and the Policies contained herein or other Policies on the LazyPay website, then the only remedy a LazyPay User shall have will be to not use the LazyPay Services and discontinue using its LazyPay Account. However, till such time that the LazyPay User uses the LazyPay website and avails the LazyPay Services it shall be deemed that the LazyPay User agrees to and shall continue to adhere and abide by the T&C and the Policies.
7.5 The LazyPay User agrees and confirms that the LazyPay Services are being provided by PayU on a best efforts basis with all efforts to keep these valid and subsisting. PayU shall not in any manner be liable to a LazyPay User for failure or delay in providing the LazyPay Services.
7.6 You assume the entire risk of using the LazyPay website and the LazyPay Services. to the maximum extent permitted by applicable law, in no event shall PayU be liable to you for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access of the LazyPay website and the LazyPay Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of the website, whether or not foreseeable and whether or not PayU has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the LazyPay website and the LazyPay Services. Further, PayU shall not be liable to you for any temporary disablement, permanent discontinuance of the services by PayU or for any consequences resulting from such actions.
PayU may forthwith terminate and/or suspend, in whole or in part, these T&C, the Policies, Site and/or the LazyPay Services provided hereunder, for any reason including for reasons of breach of these T&C and/or any of the Policies on the LazyPay website. Your sole right to terminate these T&C and the Policies is by deleting your LazyPay Account. In the event of termination of these T&C by PayU or the LazyPay User, the LazyPay User shall be liable to pay the amounts due to PayU under the terms of this T&C, as per the Statement raised by PayU till the date of such termination.
IX. DISPUTE RESOLUTION
Any dispute or claim relating to the LazyPay Services, its enforceability or its termination under these T&C and/or the Policies shall be governed by the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by PayU. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
All notices, requests, demands, waivers, complaints, queries and other communications required or permitted to be given hereunder in relation to the LazyPay Services under these T&C, shall be emailed at firstname.lastname@example.org, if to PayU and if to LazyPay User, it shall be to the address registered with PayU. Any other notices, requests, demands, waivers, complaints, queries and other communications arising out of any Partner Merchant’s acts or omissions whatsoever, including but not limited to deficiency of service, quality, merchantability of products or services, shall be resolved between the LazyPay User and the Partner Merchant only and PayU shall have no responsibility or liability whatsoever in this regard.
XI. INTELLECTUAL PROPERTY
11.1 The LazyPay User acknowledges that PayU is the sole and rightful owner of the Intellectual Property and the LazyPay User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these T&C. In this regard "Intellectual Property" shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to PayU.
11.2 Nothing contained herein shall authorize a LazyPay User to use, display or exploit the Intellectual Property rights of PayU without the prior written consent of PayU and all content on the LazyPay website and LazyPay Services is the copyright of PayU except for third party content and any link to third party websites.
11.3 The information provided on the LazyPay website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. PayU does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the LazyPay Services contained on LazyPay 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 LazyPay Services provided through the online technology platform.
XII. SPECIFIC TERMS FOR USE OF LAZYPAY SERVICES FOR PURCHASING INSURANCE PRODUCTS
12.1 LazyPay Users shall be eligible to use LazyPay Services to purchase monthly renewable insurance policy sold by insurance companies, which have entered into arrangements with Partner Merchants to sell such insurance policies through Partner Merchant websites ("Insurance Product").
12.2 In order to facilitate the purchase of such Insurance Product by LazyPay Users, PayU has entered into arrangements with non-banking financial institution (NBFC) which shall provide LazyPay Users with credit facilities to enable the purchase of such Insurance Product available on the Partner Merchant website by LazyPay Users through use of LazyPay Services.
12.3 You hereby agree and acknowledge that in order to purchase the Insurance Product, you will be required to select the Insurance Product on the Partner Merchant website and upon selecting the Insurance Product, you will be required to submit a request application form and upload your ‘know your customer’ documents such as Aadhaar card and/or PAN card on the Partner Merchant website.
12.4 On submission of the request application form along with the ‘know your customer’ documents, you will be directed to the website of the insurance company selling the selected Insurance Product and you shall have the option to purchase the Insurance Product using the LazyPay Services.
12.5 You hereby agree and acknowledge that in order to purchase the selected Insurance Product, you will be required to sign, execute all such necessary documents including auto-debit authorization form as may be required by the insurance company to issue the Insurance Product to you, for debit of the amounts payable to the insurance company from your LazyPay Account.
12.6 It is hereby clarified that the selected Insurance Product will be issued to you only on receipt of approval from the NBFC upon successful physical verification of your ‘know your customer’ documents.
12.7 You hereby agree and acknowledge that in the event you are not approved by the NBFC due to insufficient ‘know your customer’ documents provided by you, the transaction initiated by you shall be reversed to your LazyPay Account and you will not be able to purchase the Insurance Product using LazyPay Services.
12.8 You hereby agree and acknowledge that in relation to the insurance premium payable by you, your LazyPay Account shall be funded by the NBFC on a monthly and such credits shall be added to your LazyPay Account.
12.9 You hereby agree and acknowledge that you shall at all times make payments upon receipt of the Statement in accordance with the timelines specified by PayU in order to ensure that PayU can auto-debit the amount, on behalf of the insurance company, in relation to the Insurance Product from your LazyPay Account in accordance with these T&C. In the event, the credits equivalent to the monthly premium amount are not available in your LazyPay Account on the date of auto-debit, the Insurance Product purchased by you shall not be renewed.
12.10 You hereby agree and acknowledge that in the event any terms specified in these T&C are found to be contrary to the terms specified in this Clause 12, the terms detailed in Clause 12 shall override the other terms specified in these T&C in relation to purchase of Insurance Products by you.
XIII. GENERAL TERMS
13.1 These T&C and/or Policies may be varied, amended or modified, in whole or in part, by PayU at any time without notice to the LazyPay Users.
13.2 These T&C constitute a principal-to-principal relationship between PayU and the LazyPay Users and do not attempt to create any agency relationship. The LazyPay Services are being rendered by PayU as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between PayU and the LazyPay Users hereto or any affiliates or subsidiaries thereof or to provide either PayU or the LazyPay User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either PayU or the LazyPay User.
13.3 PayU may assign, in whole or in part, the benefits or obligations of these T&C to its associates of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. PayU shall not require approval or consent of the LazyPay User, it can at its discretion provide an intimation of such assignment to the LazyPay Users. However, the LazyPay User shall not assign, in whole or in part, the benefits or obligations of these T&C, without the prior written permission of PayU.
13.4 PayU shall not be liable for its failure to perform under these T&C as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of PayU, payment gateways or Partner Merchant.
13.5 Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
13.6 The terms and provisions of these T&C, by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive termination.
13.7 If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
13.8 The LazyPay User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by PayU.
13.9 By clicking on the tab/button/ checkbox of "LazyPay" option or any other button/checkbox/confirmation of similar nature, or by the virtue of usage of Site and LazyPay services or continued usage thereof, (i) you confirm that you are eligible under applicable law to contract (ii) you consent to conduct transactions, accept the T&C and Policies as displayed on the LazyPay website (iii) you consent to receive communications, notices and information from us physically/ electronically, whether sent by e-mail or other electronic means. 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 PayU website. You may opt-out of the electronic communications by unsubscribing to the electronic communications.
13.10 It is agreed and clarified that the arrangement set out by these T&C between PayU and the LazyPay Users is on a non-exclusive basis.