USER TERMS AND CONDITIONS FOR THE ADVANCEPAY
PRODUCT
1.1 The Online Application Form (as defined in Part A below), the General Terms and Conditions (as set out in Part A below), the Specific Terms and Conditions (as set out in Part B below), the consents provided by the User (as defined below) to the Merchant (as defined below) and the consents obtained by PayU Payments Private Limited (“PayU Payments“) from time to time and obtained as per any applicable rules, guidelines or policies of PayU Payments as set out on the Platform (as defined in Part A below) or incorporated by way of reference and which are applicable for the purpose of accessing and/or using the Platform and/or the AdvancePay Product (as defined in Part A below) (“User Consents“) forms the complete agreement (collectively the “Agreement”) with respect to the use of the AdvancePay Product. This Agreement forms a legal contract between the User, on the one hand, and PayU Payments on the other hand, in connection with the use by the User of the AdvancePay Product.
1.2 In addition to this Agreement, the User is also required to enter into and provide his/her consent to the terms and conditions specified by the Lender(s) (as defined in Part A below) from time to time, in relation to the Credit Facility(ies) (as defined in Part A below) availed by the User (“Lender T&Cs“) under the AdvancePay Product. This Agreement and the Lender T&Cs shall collectively form the complete documentation in relation to the AdvancePay Product (“AdvancePay Documentation“).
1.3 This Agreement is an important document that the User must carefully consider when choosing whether to use or avail the AdvancePay Product. The User should read the terms and conditions of this Agreement carefully before agreeing and accepting this Agreement. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to him/her in connection with his/her use of the AdvancePay Product.
1.4 By clicking ‘I Agree & Continue’ button or accessing, using or installing any part of the AdvancePay Product, the User expressly agrees to and consents to being irrevocably and unconditionally bound by this Agreement and all the terms and conditions set out herein. If the User does not agree to all of the terms and conditions of this Agreement, he/she should not click on the ‘I Agree & Continue’ button or continue to access or use the AdvancePay Product.
1.5 Mere acceptance of this Agreement by the User does not obligate PayU Payments to facilitate its technology and settlement related services for offering the AdvancePay Product, which among other things, is subject to: (i) the submission of the requisite documents and information by the User to PayU Payments (acting for and on behalf of the Lender(s)), (ii) due verification of such documents and information by PayU Payments (acting for and on behalf of the Lender(s)) and/or the Lender(s); and (iii) confirmation from the Lender(s).
1.6 This Agreement shall be deemed to have been received, accepted, and formed at PayU Payments’ branch office at Unit bearing no. 214, 1st Floor, DLF South Court Mall, Saket, New Delhi 110017.
PART A
GENERAL TERMS AND CONDITIONS
2 INTRODUCTION
2.1 These general terms and conditions (“General Terms and Conditions“) are applicable to the products and services availed or to be availed by an employee, intern, retainer, temporary staff or third party contractor, the details of which are mentioned in the relevant authorization letter (“the “Merchant“) who satisfies the eligibility criteria specified in paragraph 4 below and is eligible to be offered credit facilities (“User” or “You“) under the new product offering (“AdvancePay Product“) of PayU Payments, jointly with partner financial institutions (the “Lender(s)“). The AdvancePay Product will be available either on the website and/or mobile application of the Merchant (which is integrated with the dedicated software development kit or android package kit developed and managed by PayU Payments), or any other active website and/or mobile application hosted by PayU Payments and/or any of its affiliates or group companies (the “Platform“).
2.2 Under the AdvancePay Product, the User may be sanctioned credit facilities by the Lender(s) on the Platform (“Credit Facility“) against the security of unpaid commissions, earnings, fees, or salary or any combination thereof, and/or any other amounts due and payable by the Merchant to such User (the “Accrued Payments“).
2.3 The application for the AdvancePay Product on the Platform by a User does not in any manner obligate the Lender(s) to extend any Credit Facility to such User, and any decision to provide (or not provide) such Credit Facility, will be at the sole, independent and absolute discretion of the Lender(s). Subject to the provisions of applicable laws: (a) PayU Payments has the right to amend, add, or remove or modify any portions of this Agreement, from time to time, and (b) the Lender(s) have the right to amend, add, or remove or modify any portions of Lender T&Cs, from time to time, without any notice to the User. The User irrevocably and unconditionally agrees to comply with such amended terms and conditions of the AdvancePay Documentation which shall be deemed to be effective when posted on the Platform and shall be deemed to be notified to the User accordingly, unless any such change requires specific consent of the User under applicable laws in which case such changes shall be effective as soon as the User grants consent or is deemed to grant consent, as applicable.
2.4 PayU Payments will endeavour to update the User on an annual basis or as otherwise prescribed under applicable laws of all the changes made to the AdvancePay Documentation. Any failure or delay by PayU Payments to update the User of the changes to the AdvancePay Documentation will not impact the validity and effectiveness of those changes. Notwithstanding anything to the contrary in the AdvancePay Documentation, the User shall be responsible for regularly reviewing the AdvancePay Documentation, including amendments thereto, as may be posted on the Platform or otherwise communicated to the User and shall be deemed to have accepted the amended AdvancePay Documentation by continuing the use of the AdvancePay Product.
2.5 The User agrees that it will be the User’s responsibility to independently evaluate or obtain independent advice from a competent professional of the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Platform or on the internet generally with respect to the AdvancePay Product and its suitability and appropriateness for the User.
2.6 The Lender(s) may also stipulate additional terms and conditions in relation to the Credit Facility(ies) availed by the User from time to time.
2.7 The User shall be bound by and shall continue to adhere and abide by the terms and conditions specified in the AdvancePay Documentation (as amended from time to time), for so long as the User has availed the AdvancePay Product or owes any amount to the Lender(s), in relation to the AdvancePay Product.
3 DESCRIPTION OF THE ADVANCEPAY PRODUCT
3.1 The Credit Facility will be made available in line with the Lender T&Cs to the User in the bank account of the User notified by the Merchant and/or the User, as the case may be, to PayU Payments and/or the Lender(s). The User, at the sole discretion of PayU Payments and/or the Lender(s) (as the case may be), may also be given an option to change the bank account to another bank account of the User, where the User intends to take the drawdowns/ utilizations under the Credit Facility.
3.2 On the relevant due date, the Merchant shall deduct the outstanding amounts under the Credit Facility (as specified by PayU Payments to Merchant) from the Accrued Payments of the User and transfer such amounts to the bank account of the Lender(s) (as specified to the Merchant by PayU Payments and/or the Lender (as the case may be) from time to time) towards the repayment of the outstanding Credit Facility owed by the User to the Lender(s). In this regard, the User irrevocably and unconditionally authorizes the Merchant to transfer the outstanding amount under the Credit Facility, on behalf of the User, from the Accrued Payment to the Lender(s) as and when PayU Payments and/or the Lender instructs the Merchant.
3.3 The User agrees and understands that the Credit Facility sanctioned to the User by the Lender(s) is in the nature of personal loan.
3.4 The User irrevocably and unconditionally confirms and undertakes that until the time the amounts in relation to the Credit Facility including any charges and fees levied by the Lender(s) (the “Credit Facility Owed Amounts“) are outstanding, the User will allow the Merchant to make deductions from the Accrued Payments for payments of such Credit Facility Owed Amounts on behalf of the User.
4 USER ELIGIBILITY
Access to the AdvancePay Product on the Platform will only be available to a person who satisfies the criteria prescribed below. In this regard, the User represents to PayU Payments and/or the Lender(s) that:
i) he/she is 18 years of age or older;
ii) he/she is competent to enter into legally binding contracts under the Indian Contract Act, 1872;
iii) he/she is an Indian national and a tax resident of India and not a tax resident of any other country;
iv) no insolvency or bankruptcy proceedings or suits for recovery of outstanding dues or monies whatsoever or for any attachment of any nature on his/her assets or properties and/or any criminal proceedings by any applicable laws have been initiated and/or threatened and/or are pending against him/her;
v) he/she has never been adjudicated insolvent or bankrupt by any court of law or any other appropriate authority nor has any receiver, administrator, administrative receiver, trustees or similar officer been appointed for his/her assets;
vi) he/she has not been classified as a wilful defaulter in the records of any financial institution or the Reserve Bank of India (“RBI“);
vii) he/she has not availed credit facilities from any other bank/financial institution or entity against the security of his/her Accrued Payments;
viii) his/her total household income exceeds INR 3,00,000 (Rupees Three Lakhs) per annum;
ix) neither he/she nor any of his/her property enjoys any right to immunity from set off suits or execution with respect to his/her assets or obligations under this Agreement; and
x) all the information provided by him/her is true, correct, complete and up to date in all respects and no information has been withheld by him/her.
5 APPLICATION PROCESS
5.1 In order to access the AdvancePay Product, a User will be required to register on the Platform by filling up the online application form (“Online Application Form“) and providing the requisite documents and information, including without limitation, details as may be required by PayU Payments and/or the Lender(s) for completing the applicable Know You Customer (“KYC“) checks, all other on-boarding and due-diligence documents and credit evaluation/assessment requirements. The User’s access and identification to the AdvancePay Product through the account opened for him/her on the Platform (“User Account“) will be linked to his/her device along with the mobile number registered during the registration process by the User. The User will be asked to set up a four-digit passcode to secure access to the User Account in relation to the AdvancePay Product on the Platform.
5.2 The User acknowledges, understands, agrees and provides consent that his/her location details may be tracked during the registration process. The User acknowledges, confirms and agrees that the right to access the User Account and use AdvancePay Product is personal and is not transferable by the User to any other person or entity. The User shall only be entitled to access the User Account and use AdvancePay Product for lawful purposes.
5.3 During the registration process, the User will be required to share, capture, confirm and upload his/her personal information on the Platform, including but not limited to his/her name, e-mail address, gender, validation of Aadhar details using Aadhar XML or CKYC process, date of birth, mobile number, password, selfie, mobile number/phone information, financial information such as bank documents, salary slips, bank statements, PAN card number validation through NSDL database, bank account number using penny-drop verification, data required for KYC compliances, requirement and other relevant details (“Personal Information”) for the purpose of availing the AdvancePay Product. The User may also be required to fill up the application forms, if any, required by the Lender(s) in relation to the Credit Facilities.
5.4 The User represents and undertakes that all the particulars, information and details given/filled in or submitted or provided by him/her in the Online Application Form and all the Personal Information to be provided by him/her are true, correct, complete and up-to-date in all respects and that he/she has not and will not withhold any information whatsoever. The collection, verification, audit and maintenance of the correct and updated Personal Information is a continuous process, and the User undertakes and agrees to: (i) provide all the required and additional details and documents to PayU Payments and/or the Lender(s) as may be required by PayU Payments and/or the Lender(s) to ensure compliance with all the relevant and applicable KYC requirements; and (ii) subject to the provisions of applicable laws, maintain and promptly update the Personal Information provided during the registration process, as necessary, to keep it true, accurate, current and complete at all times.
5.5 The User understands that the AdvancePay Product will be extended to him/her against his/her Accrued Payments. The User confirms and consents that the Merchant is authorised to share information at such frequency as mutually agreed between the Merchant, PayU Payments and/or the Lender(s) in writing, in relation to his/her employment or contract or arrangements, as the case may be, including but not limited to his/her employment/contract/arrangement history, commissions, earnings, fees, salary and/or any other amounts payable to him/her, details of salary payment cycle, details of the existing bank account into which salary/commission, earnings, fees, salary and/or any other amounts payable to the User is paid by the Merchant, details of any injuries/accidents/death, attendance data, complete details of assignments allocated or performed by the User, date of payment of the Accrued Payments, disputes with him/her, and any penalties levied on him/her (“User Data”) with the Lender(s) and/or PayU Payments. The User irrevocably and unconditionally agrees that PayU Payments, Merchant and/or Lender(s) may seek adequate consents or permissions from the User (if the same is mandated under applicable laws) to seek additional information/data as User Data for the purposes of providing the AdvancePay Product.
5.6 Where the application of the User is approved for the AdvancePay Product, the Merchant will be required to provide relevant User Data to PayU Payments. PayU Payments also reserves the right to share the User Data shared by the Merchant with the Lender(s). Based on such User Data and the Personal Information provided by/obtained in relation to the User, the Lender(s) may decide to sanction the Credit Facility and assign or update the credit line limit for the User. The credit line limit for the User will be decided by the Lender(s) on the basis of its/their internal risk and credit policies. For the sake of clarity, it is agreed that the decision with respect to sanction of Credit Facility and determination of credit line limit shall be the sole and independent discretion of the Lender(s).
5.7 Once the User is on-boarded for the AdvancePay Product, the Credit Facility will be sanctioned to the User. For this purpose, the User will be required to: (i) provide KYC and other documents and information, and (ii) execute such documents, as the Lender(s) and PayU Payments may require from time to time.
5.8 The User understands and acknowledges that he/she shall be solely responsible for all the information provided and the activities that occur under his/her User Account on the Platform. While availing the services pursuant to the AdvancePay Product, the User shall be solely responsible for maintaining the confidentiality of his/her User Account and for all other related activities under his/her User Account. For security purposes, the User shall memorize the four-digit passcode and will not write it down or otherwise disclose it to any third party. The User agrees not to disclose these credentials to any third party or person. All information and instructions received from the User Account will be deemed to have been authorized by the User and PayU Payments and the Lender(s) shall rely on its authenticity based on such information and instructions passed on from the User Account. The User will be responsible for all actions taken by anyone accessing the User Account and AdvancePay Product and the passcode. The User hereby irrevocably and unconditionally indemnifies and undertakes to indemnify and hold harmless the Lender(s) and PayU Payments; and their employees, representatives, agents and service providers from and against all losses threatened and/or suffered as a result of any of the foregoing. Any losses arising from the misuse of the User Account shall be the sole responsibility of the User.
6 PERSONAL INFORMATION
6.1 The User understands that the representations, warranties and consents provided by him/her in this Agreement, the Personal Information submitted by/obtained in relation to the User and the User Data shared by the Merchant shall form the basis for the Credit Facility extended by the Lender(s). If at any stage of processing the Online Application Form or subsequently, it comes to the knowledge of the Lender(s) and/or PayU Payments that the User has provided any incorrect or incomplete information or fake or fabricated documents, or has failed to provide updated Personal Information, or the Lender(s) and/or PayU Payments have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, those will be treated by the Lender(s) and PayU Payments as having been manipulated by the User, and the User acknowledges and understands that in any such scenario, the Lender(s) and/or PayU Payments (as the case may be) shall have a right to forthwith: (i) reject the User’s application; and (ii) cancel/revoke the Credit Facility or any further drawdowns or utilization of the credit line limit provided thereunder; and/or (iii) recall any amount of the Credit Facility already disbursed or utilized at the relevant time and/or appropriate and set off any such amounts towards the Credit Facility Owed Amounts without any notice to the User and/or regard the same as an event of default, without assigning any reason whatsoever (unless required by any applicable law). None of the Lender(s) and PayU Payments, nor their employees, representatives, agents and service providers, shall be responsible or liable in any manner whatsoever to the User for: (a) such rejection or cancellation or revocation; (b) any delay in notifying the User of such rejection or cancellation or revocation; or (c) any costs, losses, damages or expenses, or other consequences, caused by reason of such rejection, or any delay in notifying the User of such rejection of his/her application. The User irrevocably and unconditionally indemnifies and undertakes to indemnify and hold harmless the Lender(s) and PayU Payments, and their employees, representatives, agents and service providers, from and against all losses threatened and/or suffered as a result of any of the foregoing.
6.2 The User understands that the Lender(s), PayU Payments and/or any third party service provider appointed by PayU Payments (“Third Party Service Provider“) may already have or will also be procuring/accessing the User’s Personal Information (including sensitive personal information) from other sources or agents for the purpose of the AdvancePay Product including, but not limited to, any service platforms or any of their affiliates or group companies and acknowledges that he/she has no objection to such procurement and provides his/her express consent for the same.
6.3 The User provides his/her consent to and authorizes the Lender(s), PayU Payments, the Third Party Service Providers, and, in each case, all their group/ affiliate companies, agents, representatives and service providers to procure his/her PAN card number/copy of PAN card, Aadhar details in digital form, other identity proof as per regulatory guidelines, bank account details and credit records from credit information companies, from time to time, and exchange, share or part with all the data and relevant information, including but not limited to User’s Personal Information, User Data shared by the Merchant, details relating to his/her existing loans, borrowings and/or repayment history with other group companies, lending partners, banks and other financial institutions, credit information companies, government agencies, statutory bodies, etc., as may be required under applicable laws or as they may deem fit. The User provides his/her consents to the Lender(s), PayU Payments and/or the Third Party Service Providers to collect, use, process, share and store such information for such period as may be required and permitted under applicable laws and agrees not to hold the Lender(s), PayU Payments and/or the Third Party Service Providers liable for any of the foregoing.
6.4 The User authorizes the Lender(s), PayU Payments, the Third Party Service Providers, and , in relation to each, their group/ affiliate companies, agents, representatives and service providers to: (i) request for supplemental information or documentation, at any time, in order to verify that the information provided by the User is accurate and complete and is in conformity with KYC requirements as per applicable laws and share the KYC reports with such other party as they may deem fit on a ‘need-to-know’ basis as per the provisions of applicable laws; and (ii) request for a one-time access for camera, microphone, location or any other facility necessary for the purposes of on-boarding and KYC requirements.
6.5 The User further authorizes the Lender(s) or such other entity authorized by the Lender(s) to upload his/her KYC details on Central Registry of Securitisation Asset Reconstruction and Security Interest of India and generate a CKYC ID.
6.6 The User further agrees that his/her Personal Information and/or the User Data may be displayed, automatically or otherwise, upon logging into the User Account and that some of the User’s information, including Personal Information required to service the User Account, will be readily available on the Platform and be viewable by the User by logging on to the Platform.
6.7 The User agrees, acknowledges and accepts that his/her Personal Information and User Data will be handled by PayU Payments in accordance with its privacy policy available atIn addition to the rights specified under the PayU Vista Privacy Statement, PayU Payments shall subject to the provisions of applicable laws, also have the right to collect, store, process, share and use (to the extent permissible under applicable laws) (i) any data relating to entity identifier, user identifier etc., as may be required by PayU Payments; and (ii) any data which the User has provided or will provide (from time to time) on the Platform, for the purpose of registering or creating an account of the User for the purpose of any other service offered by PayU Payments on the Platform.
6.8 The User acknowledges that the AdvancePay Product will be extended to his/her on the basis of the User Data shared by the Merchant along with the Personal Information shared by the User to PayU Payments and/or the Lender(s). The User confirms and consents that the Merchant is authorised to collect, use, transfer, share, process and store the User Data with the Lender(s) and PayU Payments and their agents, representatives and service providers, as and when required by the Lender(s) and/or PayU Payments for the purpose of the AdvancePay Product and till such time the User remains subscribed to the AdvancePay Product or remains onboarded on the Platform. The User acknowledges and agrees that if he/she revokes/withdraws his/her consent to collect, use, process, transfer, share or store any information in relation to him/her that is in the nature of sensitive personal information, User Data and/or Personal Information, he/she shall intimate the Merchant in writing and immediately cease the use of the AdvancePay Product and make payment of all the Credit Facility Owed Amounts.
6.9 Subject to the provisions of this Agreement, PayU Payments acknowledges and agrees that the User may request to delete or erase any Personal Information and/or User Data to the extent permitted to be requested under applicable laws and PayU Payments agrees to delete or erase the such Personal Information and/or User Data as requested (provided however that the User acknowledges and agrees that notwithstanding any such request by the User, PayU Payments may retain such Personal Information and/or User Data to the extent permissible and/or required under applicable laws or as per statutory or regulatory requirements).
7 TERMS OF THE CREDIT FACILITY
7.1 The Credit Facility will be made available to the User at the sole discretion of the Lender(s) and will be subject to such terms as may be agreed between the User and the Lender(s) or PayU Payments acting on behalf of the Lender(s), from time to time.
7.2 The User understands and agrees that the AdvancePay Product is a short-term credit facility extended to the User and shall be strictly utilised as per the terms mentioned and agreed with the Lender under the Lender T&Cs. Any breach or default of the terms of the Lender T&Cs shall be considered a breach of the obligations and covenants of the User under this Agreement.
7.3 The User unconditionally and irrevocably acknowledges, undertakes and agrees that upon sanction of the Credit Facility under the AdvancePay Product, the User shall not create any charge, security interest or any preferential right or interest or lien or non-disposal rights with respect to his/her Accrued Payments without seeking prior written approval and consent of PayU Payments and the Lender(s).
7.4 The User understands and irrevocably and unconditionally confirms and agrees that the obligations to make repayment of the Credit Facility Owed Amounts on the due date in terms of the Lender T&Cs shall always remain the sole and independent liability of the User, and notwithstanding anything contained in the AdvancePay Documentation, such obligation shall not be passed on to PayU Payments, Merchant and/or any third party or person.
7.5 The User acknowledges, understands and agrees that the Lender(s) shall have the sole and independent discretion to evaluate and carry out its own risk assessment for grant of the Credit Facility and shall rely upon, including without limitation, the Personal Information shared by the User, the User Data shared by the Merchant and any data or information procured, collected and shared by the third party service providers with the Lender(s) and that the Lender(s) may basis its credit policy determine the credit line limit to be provided to the User.
7.6 The credit line limit utilized under the sanctioned Credit Facility will have to be repaid by the User on the date on which he/she receives his/her Accrued Payments from the Merchant or any other date (including after a grace period, if any) as may be specified by the Lender(s). The User irrevocably and unconditionally agrees to provide his/her consent and authorization to the Merchant to transfer the respective portion of the Accrued Payments directly to the bank account(s) of Lender(s) (as specified by PayU Payments or the Lender(s) to the Merchant from time to time) towards the Credit Facility Owed Amounts as on the date on which the User was supposed to receive his/her Accrued Payments from the Merchant or any other date (including after a grace period, if any) as may be specified by the PayU Payments or the Lender(s) (as the case may be). Further, at the sole discretion of the Lender(s), the User irrevocably and unconditionally agrees and undertakes to issue (NACH)/standing instructions and/or any other electronic or other clearing mandate or instructions including post-dated cheques (“collectively referred to as the “Payment Instruction(s)“) in favour of the Lender(s) as may be required by the Lender(s) from time to time.
7.7 If the User fails to repay the Credit Facility or the Merchant fails to transfer the repayment amount under the sanction Credit Facility to the Lender(s) (as specified above) on the due date, the User will be required to pay late payment charges or default interest, as applicable and further utilizations or drawdowns under the Credit Facility will be stopped by the Lender(s). The User also irrevocably and unconditionally agrees and confirms that in case there is any default under the Credit Facility, the Lender(s) may, either on their own or through PayU Payments, initiate necessary actions for recovery/collections from the User including without limitation, any legal action and/or appropriate and set off any such amounts towards Credit Facility Owed Amounts at their sole discretion without any notice to the User.
8 RECOVERY
8.1 The Merchant will deduct at source from the Accrued Payments, the Credit Facility Owed Amounts and such amount will be transferred to such bank account(s) of the Lender(s) as may be specified by PayU Payments (acting for an on behalf of the Lender(s)) or the Lender(s) directly to the Merchant from time to time.
8.2 In case the Accrued Payments are not sufficient to recover the Credit Facility Owed Amounts in full, such balance amounts will be notified by PayU Payments and/or the Lender(s) to the Merchant and the balance amounts will be recovered from the subsequent pay-outs of the Accrued Payments. In such case, the Merchant will transfer the Accrued Payment in full to the Lender(s) even though the Accrued Payment is less than the Credit Facility Owed Amount. In cases of multiple drawdowns under the sanctioned Credit Facility and if partial payments are received from Accrued Payments of the Users, the amounts will be first utilised towards the repayment of the earlier drawdown that is pending repayment. The existence of any claim or dispute that the User may have with the Merchant, shall not relieve the User of his/her obligations to repay all outstanding, charges and other amounts on the applicable due dates and the User agrees to continue paying/ repaying such outstanding, charges and other amounts notwithstanding any such claim or dispute.
8.3 In relation to paragraphs 8.1 and 8.2 above, the User irrevocably and unconditionally consents and authorizes Merchant to periodically deduct the Credit Facility Owed Amounts from the Accrued Payment and transfer such amounts to the bank account(s) of Lender(s), as specified by PayU Payments (acting for an on behalf of the Lender(s)) or the Lender(s) directly, for recovering the Credit Facility Owed Amounts.
8.4 Where the User has given Payment Instruction(s) to the Lender(s):
a) such Payment Instruction(s), if any, are intended to be used at any time by the Lender(s) as the Lender(s) may consider fit, to recover the Credit Facility Owed Amount by the User to the Lender(s), and the User, by executing this Agreement, has unconditionally and irrevocably authorised the Lender(s) to do so for an aggregate amount not exceeding the aggregate Credit Facility Owed Amount under the Credit Facility from time to time;
b) if any amounts are outstanding for payment by the User to the Lender(s), under this Agreement and/or any facility documents of the Lender(s), the User authorises the Lender(s) to utilize the Payment Instruction(s), if any, for the purposes of appropriating any such amounts towards the Credit Facility Owed Amount without notice to User in this behalf;
c) the authority given by the User to the Lender(s) herein to fill in the details of the Payment Instruction(s) or post-dated cheque(s), if any, including the amounts payable under the facility documents of the Lender(s) or this Agreement is as permitted under the provisions of Applicable Law (including, without limitation, the Negotiable Instruments Act, 1881, as applicable) and does not amount to a material alteration of the Payment Instruction(s) or post-dated cheque(s), if any, by the Lender(s). In the event the acts of the Lender(s) in filling the Payment Instruction(s) as aforesaid are construed by any Governmental Authority to be an alteration within the meaning of Applicable Law (including, without limitation, the Negotiable Instruments Act, 1881), then the User agrees and acknowledges as follows: (i) the User has provided to the Lender(s) his/her unconditional and irrevocable consent for such an alteration and that by reason of such alteration, Payment Instruction(s) or post-dated cheque(s) shall/should not be construed to be void or otherwise unenforceable and the User has also unconditionally and irrevocably agreed and accepted to honour such Payment Instruction(s) or post-dated cheque(s) when presented for payment; and (ii) the User has confirmed that such alteration is made to record the common intention of the Lender(s) and User, which common intention is to fill in the Payment Instruction(s) or post-dated cheque(s) with the amounts due by the User to the Lender(s) and to present the same for payment on such dates as the Lender(s) may in their absolute and sole discretion decide.
d) it is the duty of the User to ensure that the User’s bank account is debited towards every instalment and in case of such debit not occurring, the User shall inform the Lender(s) in this regard within 3 (three) days from the relevant due date of such instalment.
e) any dishonour of any post-dated cheque(s) or any Payment Instruction(s), would constitute an offence under Section 138 of the Negotiable Instruments Act, 1881 or Section 25 of the Payment and Settlement Systems Act, 2007, as the case maybe; and
f) the Lender(s) shall have the sole rights to determine if the Credit Facility Owed Amount has been paid by User in full. Where there has been a partial recovery or no recovery of the Credit Facility Owed Amounts from Accrued Payments, the User Account will be subject to locking/blackout or freeze period until the time the entire Credit Facility Owed Amounts are paid in full to the satisfaction of Lender(s) from subsequent pay-outs of the User. The User shall hold the Lender(s) and PayU Payments indemnified for any losses, damage, claims, proceedings etc. suffered or causes by the User as a result of imposition or extension of the blackout period as a result of and including but not limited to: (i) delay caused at Merchant’s end in processing the Accrued Payments or sharing the credit recovered file with the Lender(s); and (ii) delay by the Merchant to transfer the Credit Limit Owed Amount from Accrued Payments to the Lender(s). Further the User shall not hold PayU Payments or the Lender(s) liable for locking or freezing the Use Account even if the blackout is imposed or extended due to delay at PayU Payments end in processing or uploading the credit file recovered from the Merchant on the Platform.
9 PLATFORM UPGRADATION AND NETWORK ACCESS AND DEVICES
9.1 Certain new updates/upgrades may be made available in relation to the User Account on the Platform. In the event, the User chooses not to update/upgrade the User Account on the Platform, certain features or functionality may not be accessible to the User.
9.2 The User is responsible for obtaining the data network access necessary to use and access the User Account registered on the Platform. The User shall be responsible for acquiring and updating compatible hardware or devices necessary to access and use the User Account registered and maintained on the Platform. The Merchant and PayU Payments does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices.
9.3 The User agrees and understands that the Platform may encounter downtime due to server and other technical issues. The User agrees that the Merchant, PayU Payments and/or the Lender(s) will not be liable for the unavailability of the Platform at any time.
10 DISCLAIMER FOR THIRD PARTY CAMPAIGNS
10.1 The Platform may contain links to a number of third party websites offering products and/or services. Please note that they are only marketing campaigns for such third parties and are not an offer or an invitation to make an offer by the Merchant, the Lender(s) and/or PayU Payments to enter into any kind of an arrangement. The links to the third party websites are not based on a consideration of the User’s personal circumstances nor are these results of objective or independent research. The User should click on the third party links at his/her sole discretion. The Lender(s) and/or PayU Payments shall not be liable or responsible for any consequence of the User accessing such sites and/or undertaking any transactions on such sites.
10.2 Upon clicking a specific third party link, the User will be directed to the respective third party’s page offering the product and/or service. The User acknowledges that:
10.2.1 he/she is clicking on the third party link as per his/her sole discretion;
10.2.2 accessing the third party website shall not mean approval by the third party for such service and/or product;
10.2.3 by accessing the link, the act of the User shall be deemed as an explicit consent of the User for sharing Personal Information with such third party for the purpose of obtaining the product and/or service being provided therein;
10.2.4 the Merchant, the Lender(s) and/or PayU Payments, as the case may be, shall not be liable for the accuracy of the information being shared on the third party website and cannot be held liable for any claims, losses or damages. It is User’s sole responsibility to independently evaluate or obtain independent advice from a competent professional of the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on third-party sites;
10.2.5 the Merchant, the Lender(s) and/or PayU Payments, as the case may be, are not making any representation, warranty, promise or guarantee, whatsoever, expressed or implied, in respect of products and/or services offered on such third party websites, its accuracy and completeness or as to the results obtained from such third party products and/or services, and/or the Merchant, the Lender(s) and/or PayU Payments, as the case may be, are not providing advice or making an offer, solicitation, invitation, or recommendation to buy/avail products/services offered on such sites; and
10.2.6 the Merchant, the Lender(s) and/or PayU Payments, as the case may be, takes no responsibility for the content of any third-party site including without limitation regarding its accuracy or completeness. The User acknowledges and agrees that the links to third-party sites are provided solely for the purpose of directing the User to the respective websites for User’s convenience and information; accessing such sites and undertaking any transactions on such sites is at User’s own risk, and that the Merchant, the Lender(s) and/or PayU Payments, as the case may be, shall not be liable or responsible for any consequence of User’s accessing such sites and undertaking any transactions on such sites.
11 PROHIBITED CONDUCT
By accessing or using the Platform and/or by availing the AdvancePay Product, the User agrees not to (i) violate the terms and conditions of this Agreement; (ii) impersonate any person, or falsely state or otherwise misrepresent his/her identity, age or affiliation with any person; (iii) infringe the Merchant’s, the Lenders’, PayU Payments’ and/or any third party’s intellectual property rights, rights of publicity or privacy; (iv) post, transmit, modify, store, update or share any message which is libellous, defamatory, racially or ethnically objectionable, or which discloses private or personal matters concerning any person; (v) post, transmit, modify, store, update or share any message, data, image or program which is pornographic, vulgar, paedophilic, offensive in nature or which is harmful to a child; (vi) post, transmit, modify, store, update or share any message, data, image or program which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, or which causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (vii) post, transmit, modify, store, update or share any message, data, image or program which is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (viii) refuse to cooperate in an investigation or provide confirmation of his/her identity or any other information provided by him/her to the Lender(s), PayU Payments or any third party service providers; (ix) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform or features that enforce limitations on the use of the AdvancePay Product or the Platform; (x) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the AdvancePay Product or of the Platform or any part thereof, except and only to the extent this is expressly permissible by applicable laws; (xi) use the AdvancePay Product or the Platform in any manner that could damage, disable, overburden, or impair these, including, without limitation, using the AdvancePay Product or the Platform in an automated manner; (xii) use any robot, spider, other automatic device, or manual process to monitor or copy the Platform in whole or in part without prior written permission of PayU Payments; (xiii) take any action that imposes an unreasonably or disproportionately large load on the infrastructure / network of the Platform; (xiv) sell the AdvancePay Product, information, or software associated with or derived from it; (xv) use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or any activity that is unlawful or forbidden under law or under this Agreement or other activity which infringes the rights of others; and (xvi) use the AdvancePay Product in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to the Merchant, the Lender(s), PayU Payments, any third party or the User.
12 INDEMNITY
The User agrees to indemnify and hold the Lender(s) and PayU Payments and, in each case, their affiliates, subsidiaries, officers, representatives, agents, co-branders or other partners, service providers and employees (each an “Indemnified Person”), harmless from any claims, demands, costs, expenses, loss or liability (including legal fees) that such Indemnified Person may incur due to or arising out of or in relation to (i) the User’s violation of the terms and conditions of this Agreement; (ii) the User’s violation of any rights of other users of the AdvancePay Product; (iii) the User’s use or misuse of AdvancePay Product; (iv) gross negligence, wilful misconduct and/or any fraud by the User; and (v) the User’s violation of applicable laws.
13 FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall the Lender(s) and/or PayU Payments be held liable for any damage, loss, loss of services, due to deficiency in provision of the AdvancePay Product and/or Credit Facility(ies) resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in applicable regulations, including RBI regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances or riots.
14 USER GRIEVANCE REDRESSAL MECHANISM
In the event the User has any grievance or complaints in relation to the Credit Facility, the User may send his/her complaint through a written notice or electronic mail as follows to the contact details of the Grievance Redressal Officer appointed by PayU Payments available at https://www.payufin.in/dlp-details/payupayments and to the Grievance Redressal Officer appointed by the Lender(s) available at https://www.payufin.in/dlp-details/payupayments
15 COMMUNICATIONS AND NOTICES
15.1 Each of the Lender(s) and PayU Payments may send alerts to the mobile phone number provided by the User while registering on the Platform or on any updated mobile number subsequently provided by the User on the Platform or via e-mail or push notifications. Each of the Lender(s) and PayU Payments will make best efforts to provide alerts via SMS/e-mail/push notifications/WhatsApp message and it shall be deemed that the User shall have received the information sent by the Lender(s) or PayU Payments (as the case may be) as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Platform. The Lender(s) and/or PayU Payments shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Lender(s) and/or PayU Payments liable for non-availability of the SMS/email alert/push notifications service/ WhatsApp messages in any manner whatsoever.
15.2 All notices, requests, demands, waivers, queries and other communications required or permitted to be given hereunder (i) to the Lender(s) shall be raised on the help section of the Platform, (ii) to PayU Payments can be raised on the help section of the Platform, and (iii) to the User shall be emailed by the Lender(s) or PayU Payments on the registered email address of the User. The User acknowledges and agrees that the User shall be solely responsible for immediately notifying each of the Lender(s) and PayU Payments of any change in the email address and/or the mobile number.
16 GOVERNING LAW AND JURISDICTION
16.1 This Agreement shall be governed by the laws of India.
16.2 If any dispute(s) or difference(s) shall arise between the User on one hand and PayU Payments on the other, in connection with or arising out of or relating to the AdvancePay Product, the relevant parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice (“Disputes Notice“) from the other party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions.
16.3 If the said dispute(s) cannot be settled by mutual discussions within the 30 (thirty) day period specified above, such disputes(s) shall be referred to arbitration for final resolution in the manner provided herein. The parties shall mutually appoint a sole arbitrator within 60 (sixty) days from the date of the Disputes Notice who shall resolve such dispute(s) in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time (“Arbitration Act“).
16.4 If the parties fail to appoint a sole arbitrator in accordance with the procedure aforesaid and within the time period as specified above, such sole arbitrator shall be appointed in accordance with the provisions of the Arbitration Act. The arbitration proceedings shall be held in English language with the seat of the arbitration being New Delhi and the venue of the arbitration being New Delhi. Subject to the arbitration agreement as mentioned above, the courts and tribunals at New Delhi shall have the exclusive jurisdiction over any dispute(s) as described above.
16.5 This clause is only for the benefit of PayU Payments. The User irrevocably and generally consents in respect of any proceedings anywhere in connection with this Agreement to the giving of any relief or the issue of any process in connection with those proceedings including, without limitation, the making, enforcement or execution against any assets whatsoever (irrespective of their use or intended use) of any order or judgment which may be made or given in those proceedings. To the fullest extent allowed by law, PayU Payments may take concurrent proceedings in any number of jurisdictions.
17 MISCELLANEOUS
17.1 Assignment: The User shall not assign, in whole or in part, the rights or obligations of the User under this Agreement without the prior written permission of the Lender(s) and PayU Payments.
PayU Payments may, without prior notice or consent of the User assign or transfer in whole or in part its rights or obligations under this Agreement to their associates or affiliates or other group company or any other third party in accordance with the terms of the inter-se arrangement between them. PayU Payments may, at its sole discretion, provide notice of such assignment to the User.
17.2 Termination: PayU Payments may at any time (including, when the User withdraws/revokes its consent to collect, share, process or store any User Data and/or Personal Information) terminate, in whole or in part, the services and activities performed by it in relation to the AdvancePay Product (including as set out hereunder) without assigning any reason whatsoever, at its sole discretion.
If at any time the User does not agree with this Agreement or does not wish to be bound by this Agreement or do not agree to continue providing consents as required/provided under the AdvancePay Documentation, the User shall immediately cease the use of the Platform and the services availed pursuant to the AdvancePay Product and terminate its arrangement with the Lender(s) and PayU Payments by raising a request on the help section of the Platform and repaying the Credit Facility Owed Amounts in full to the Lender(s) in accordance with the terms and conditions of the AdvancePay Documentations. Such termination is subject to such additional terms and conditions as may be specified by the Lender(s) and PayU Payments from time to time. Waiver: The rights and remedies provided in this Agreement or conferred by applicable laws, common law, custom, trade, or usage, are cumulative and not exclusive of any rights or remedies provided by applicable laws and may be enforced successively or concurrently. The User’s obligations under this Agreement will remain in full force and shall not be affected, impaired, diminished or extinguished by any act, omission, default, matter or thing (including anything which, but for this clause would have discharged the User (wholly or in part) or would have afforded the User any legal or equitable defence) except the full, prompt and complete performance of all the terms, undertakings and conditions of this Agreement, including the due and punctual payment of Credit Facility Owed Amounts. No failure to exercise, nor any delay in exercising, on the part of PayU Payments, any right or remedy under this Agreement, will operate as a waiver, nor will any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy.
17.3 Survival: The terms and provisions of this Agreement by their nature and content are intended to survive the performance hereof by any or all parties hereto and therefore shall survive termination.
17.4 Severability: If at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, the legality, validity or enforceability of the remaining provisions will not be affected or impaired in any manner. If a court of competent jurisdiction finds any provision of these terms and conditions as non-enforceable, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of the parties as reflected by that provision. The remainder provisions of these terms and conditions shall continue to be in force.
17.5 Continuing Liability: Till the time the User has not paid Credit Facility Owed Amounts in full to the satisfaction of the Lender(s), deletion/uninstallation of the Platform or any discontinuation, termination or suspension of the services availed pursuant to the AdvancePay Product, shall not release the User from the responsibility, obligation and liability to repay Credit Facility Owed Amounts to the Lender(s).
17.6 Promotional offers: The User irrevocably and unconditionally authorises and consents to receive from the Lender(s) and/or PayU Payments, and in each case, their affiliates, group companies, business partners, employees, agents or associates, promotional and transactional information regarding the Credit Facility and various other offers, promotional offers and schemes through call/SMS/email/ WhatsApp. The User waives the application of any laws in relation to the unsolicited communication referred in the National Do Not Call Registry as laid down by Telecom Regulatory Authority of India and confirm that the same will not be applicable for such communications/calls/SMSs/emails/WhatsApp messages received from the Lender(s) and PayU Payments, and in each case, their affiliates/group companies, business partners, employees, agents and/or associates.
17.7 Payments for availing the AdvancePay Product: The User declares that he/she has not made any payment to any person in cash, bearer cheques or by any other mode along with or in connection with the Online Application Form for the sanction of the Credit Facility.
17.8 Entire Understanding: This Agreement constitutes the entire understanding between User and PayU Payments in relation to the AdvancePay Product.
17.9 Non-Exclusive Basis: The arrangement set out in this Agreement between PayU Payments with the User is on a non-exclusive basis. Nothing contained herein shall be deemed (i) to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the User on the one hand and PayU Payments and/or any of its affiliates or subsidiaries on the other; or (ii) to provide either the User on the one hand and PayU Payments on the other with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party.
17.10 Limitation of Liability: The User agrees that (i) the Platform and the AdvancePay Product are being provided on an ‘as is‘ basis, without any representations and warranties, express or implied, by the Lender(s) and/or PayU Payments; (ii) both the Lender(s) and PayU Payments has the right to suspend the AdvancePay Product, forthwith without assigning any reason whatsoever, at its sole discretion; (iii) the liability of the Lender(s) and/or the PayU Payments in relation to the AdvancePay Product shall be limited solely to the extent set out in this Agreement; (iv)the Lender(s) and/or PayU Payments shall not be responsible or liable in any manner whatsoever to the User for rejection of an application or cancellation or revocation of a Credit Facility or any delay in notifying the User of such rejection and any costs, losses, damages or expenses, or other consequences, caused by reason of such rejection or cancellation or revocation, or any delay in notifying the User of such rejection or cancellation or revocation; and (v) he/she shall assume the entire risk of using the Platform and availing the services pursuant to the AdvancePay Product. To the maximum extent permitted by applicable laws, in no event shall the Lender(s) and/or PayU Payments be liable to the User 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 Platform and the AdvancePay Product or caused by reason of rejection or cancellation or revocation of a Credit Facility, or any delay in notifying the User of such rejection or cancellation or revocation (even if the User has advised the Lender(s) and/or PayU Payments in advance of the possibility of such loss, cost or damages) or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of the Platform, whether or not foreseeable and whether or not the Lender(s) and/or PayU Payments have 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, the User’s use of, or access to, the Platform and the AdvancePay Product. Further, the Lender(s) and/or PayU Payments shall not be liable to the User for any temporary disablement, permanent discontinuance of the services in relation to the AdvancePay Product or for any consequences resulting from such actions.
The maximum aggregate amount that the User or any party claiming through the User can recover jointly from the Lender(s) and/or PayU Payments, and in each case, and its/their affiliates, officers, employees, agents and professional advisors for all claims arising from, under or relating to these terms and conditions (whether in contract, tort including negligence or otherwise) will in no event exceed INR 2,500 (Rupees Two Thousand Five Hundred only).
17.11 Breach: In the event the User is in breach of any of the terms and conditions of this Agreement, the Lender(s) and/or PayU Payments (as the case may be) shall have a right to forthwith (i) cancel/revoke the Credit Facility or any further drawdowns or utilization thereunder and/or recall any amount of the Credit Facility already disbursed or utilized at the relevant time and/or appropriate and set off any such amounts towards the outstanding under the Credit Facility without any notice to the User and/or regard the same as an event of default, without assigning any reason whatsoever; and (ii) take such legal or other action as they may deem fit.
PART B
PAYU PAYMENTS TERMS AND CONDITIONS
These PayU Payments Terms and Conditions set out additional conditions stipulated by PayU Payments in relation to the AdvancePay Product and have to be read together with the General Terms and Conditions. In case of any inconsistency between the General Terms and Conditions and these PayU Terms and Conditions, these PayU Terms and Conditions will prevail to the extent of such inconsistency.
18 LIMITED ROLE OF PAYU PAYMENTS
18.1 PayU Payments shall facilitate technology and settlement related services available to the Merchant in relation to the offering of the AdvancePay Product on the Platform. The User acknowledges that PayU Payments shall have no obligation whatsoever to furnish such services to the User.
18.2 The Credit Facility will be extended by the Lender(s) at their sole discretion. The role of PayU Payments will be restricted to (i) acting as an originator of the Loan on behalf of the Lender(s); (ii) managing and collecting KYC on the Lenders’ behalf in accordance with applicable laws; (iii) assisting in execution of documents in relation to the Credit Facility, (iv) assisting in disbursement to and recovery from the User of monies to the extent permitted by applicable laws; and (v) providing technology services to the Lender(s). PayU Payments is only acting as a facilitator, and on the basis of consents and authorization provided by the User, PayU Payments shall facilitate the sharing of the Personal Information provided by the User and the User Data shared by the Merchant with the Lender(s) for grant/sanction of the Credit Facility. The User acknowledges and agrees that PayU Payments will not in any way be responsible to the User for any non-approval or non-disbursement or failure or delay or early recall or cancellation or changes to any terms of the Credit Facility (including the applicable fees and charges, rate of interest or date of payment) by the Lender(s). The User further agrees, acknowledges and confirms that under the aforesaid circumstance, his/her only recourse will be against the Lender(s) and PayU Payments will not be made a party to any such issue and/or dispute between the Lender(s) and the User. The User also acknowledges and understands that PayU Payments is not involved in credit underwriting or in making any decision for sanction of the Credit Facility and has agreed (to the extent permitted under applicable laws) to serve in the role of assisting the Lender(s) in payment collection and recovery to the extent permitted under applicable laws.
19 PROCESSING OF PERSONAL INFORMATION AND DATA
19.1 In addition to the rights specified under the PayU Vista Privacy Statement, PayU Payments shall also have the right to store, process and use (to the extent permissible under applicable laws):
i) any data relating to entity identifier, user identifier etc., as may be required by PayU Payments; and
ii) any data, which the User has provided or will provide (from time to time) on the Platform, for the purpose of registering or creating an account of the User or availing any services etc., on the website and/or mobile application.
19.2 The User agrees, acknowledges and accepts that the User has specifically provided his/her consent to the Merchant to provide or share his/her bank account information with PayU Payments and/ or the Lender(s).
20 COLLECTION AUTHORIZATION
The User irrevocably and unconditionally agrees to allow the Lender(s) and/or PayU Payments to send the User payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law.
21 NO DISCHARGE
The existence of any claim or dispute that the User may have with the Merchant or the termination of the agreement between the Merchant and PayU Payments shall not discharge the User with respect to any Credit Facility Owed Amounts payable under the Credit Facility(ies) or any outstanding amounts in terms of the AdvancePay Documentation in relation to the AdvancePay Product, and the User will be required to make all such payments in accordance with the AdvancePay Documentation.
By clicking on “I Agree & Continue” the User agrees and acknowledges that:
i) the User has read, understood, and agrees to the terms and conditions specified in this Agreement; and
ii) this Agreement forms a legal contract between the User and PayU Payments in connection with the use by the User of the AdvancePay Product;
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder and is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time).