Terms of Service
Last modified on 19 Sep, 2022
According to the Information Technology Act of 2000 and any related rules, as well as the provisions of different statutes that have been updated to reflect the Information Technology Act's amendments, this document is an electronic record. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.
BrightPay retains the right to alter this Agreement at any time, and will let you know by publishing the updated Agreement on the Site. Periodically check the Site for updates to this Agreement. Whenever a modification is posted, it becomes operative. You agree to be bound by any changes to this Agreement by continuing to use the Site after they have been made. Access to all or any portion of this Site may be terminated, suspended, changed, or restricted by BrightPay without prior notice or responsibility.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BrightPay, AND IT GOVERNS YOUR USE OF OUR SERVICESDefinitions and Interpretation
"Application” and/or “App” refers to a computer software designed for a handheld device;
“Customers”; “User”; “means any person, organisation, or entity that accesses, uses or attempts to access and/or use BrightPay’s Website and/or Application and its allied Platforms (including Services);
“Device” means mobile phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;
“Platform” and/or “BrightPay Platform” means a platform or digital platform in which a piece of software is executed including and not limited to hardware, operating software, web browser, associated application programming interfaces , or other underlying software.
“Services” means any or all products, services that BrightPay provides and may provide as a financial technology platform.
“Website” means a set of related web pages located under the domain name “www.brightpay.in”
The terms "WE", "OUR" and "US" refer to BrightPay and the terms "YOU", "YOUR" "USER" or “CUSTOMER” refer to you, as a user of the BrightPay Website and/or App.
SERVICESThrough its website, app, and other affiliated platforms, BrightPay offers and enables financial goods and services for a very differentiated customer-centric service and experience.
You consent to giving true, up-to-date, and comprehensive information on you or another individual.
- You commit to giving accurate, up-to-date, and full registration data by providing, maintaining, and immediately updating it.
- BrightPay has the right to suspend or terminate your account if you give any information that is untrue, out-of-date, or incomplete, or if BrightPay has good cause to think that such information is untrue, out-of-date, or incomplete.
You agree not to use, access, replicate, copy, sell, resell, or otherwise commercially exploit any part of the website, the app, or any platforms connected to it.
BrightPay will only use your registered and self-declared contact data as per our records to send you all information regarding to your account, including applications, payment authorization, notices, e-reports, and authentications, in electronic form. Email, SMS, and WhatsApp messaging, among others, are all acceptable channels for contact, and they all qualify as official communications.
You may not scrape the BrightPay Website and/or its App and its allied Platform for spamming purposes.
GET CARE NOW, PAY LATER SERVICEIf you are utilising the aforementioned service, you thus certify that you have registered with us in order to use the services offered by BrightPay to obtain a loan or credit from one or more lending partners.
You hereby understand and agree that the information you provide will be used for the various purposes described in our privacy statement at "www.brightpay.in/privacy-policy/," including those related to our and our partners' compliance with various laws, rules, and regulations (such as Know Your Customer (KYC) standards, Anti-Money Laundering (AML) standards, Combating of Financing of Terrorism (CFT) requirements, and banks' obligations under the Prevention of Money Laundering.
You additionally recognise that BrightPay or its partners will not be able to deliver or continue to provide their services to you if you do not disclose the necessary information to them.
You certify that any information provided to BrightPay is accurate, truthful, and not misleading (whether provided through BrightPay's online form or in another manner). You consent to giving BrightPay or any of its partners any further paperwork as may occasionally be needed.
You acknowledge that online loan terms and conditions will be presented to you each time you use BrightPay to make a payment, request a loan, or use a credit facility. You and your successors, heirs, and executors shall be subject to the conditions of the loan in regard to the credit facility after you accept these terms during the course of your online loan application. You acknowledge and accept that in order to facilitate the loan you wish to apply for, BrightPay may charge you a non-refundable administrative fee or a technology use fee, and you agree to pay the same. You must be aware that this charge might not be refunded to you even if the loan is cancelled for any reason at all and might alter periodically in BrightPay's sole discretion.
You hereby understand that when you apply for a loan, BrightPay, on behalf of one or more lending partners, may check your records, amongst other things, with its own records, and any information as available to BrightPay through any of its sources, including those at credit information companies (CICs); those at fraud prevention agencies (FPAs) for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering.
You also agree that if you avail any loans through BrightPay, you will not (i) use the proceeds thereof for any purpose other than as declared to BrightPay or our lending partners, (ii) use the Services in violation of applicable law or (iii) circumvent or attempt to circumvent the provisions of any terms that apply to you or act in a manner that is fraudulent, malicious or otherwise prejudicial to BrightPay’s reputation direct or indirect interests in relation to the Services
Your lender also has the right, and obligation, to report your details to CICs in the event that you have delayed repaying your loan instalment.
You acknowledge that BrightPay does not lend any money directly to you but arranges the loan for you from one or more lending partners.
The BrightPay Credit Limit provided to you is our assessment of your eligibility based on various factors including policies of our lending partners, the market influences and our previous experiences. BrightPay can revise or cancel the credit limit at any time. Our decision in this regard shall remain final and binding at all times, while you are free to accept or reject such terms as per your good judgement.
You acknowledge that interest rates may vary across different lenders, borrowers and loans. To understand the approach that may be followed by our lending partners in determining the interest rate.
You are aware and agree that BrightPay has collaborated with businesses, organisations, and institutions (referred to as "sellers" or "providers") all across the nation to enable the use of the BrightPay credit facility in place of the goods and services obtained from such sellers and providers. BrightPay is not a vendor nor a provider, thus neither it nor any of its affiliates are liable for the accuracy or completeness of such items, products, or services. All product or service you use will be your exclusive responsibility, as well as the responsibility of the vendor or supplier, with BrightPay disclaiming any duty. No matter how complete or high-quality the goods or service may be, the credit facility or loan you used to purchase it will remain your entire responsibility, and you or your successors, heirs, or executors, as appropriate, will be responsible for making any required repayments. When you are the applicant for a credit facility or loan, the seller or supplier is never responsible for repayment.
You understand that timely repayment of any loan facilities obtained via BrightPay is your responsibility. All required payments must be made in accordance with the loan schedule via our partner payment gateway and exclusively electronically using e-payment options like IMPS/NEFT/UPI/Debit Cards, etc. BrightPay will not support payments made using cash or in any other non-digital way.
The performance terms and conditions of such payment gateways must be followed in order to use them. BrightPay won't be responsible for any poor service provided by such third-party payment gateways.
PAID SERVICESBrightPay Services are subject to a number of charges, fees, service fees, and subscription fees to cover the costs of administrative and other expenses. Each transaction request may be subject to service fees, registration fees, and ongoing expenses (collectively referred to as "Service Fees"). Please carefully study the details of any applicable Service Fees before making any purchases on BrightPay. The transaction will only be deemed successful if you concur to pay the specified Service Fees, payable either transactionally or otherwise as specified.
Your transaction revenues may be reduced by applicable fees. If you link a bank account to your account, you give us permission to deduct the Service Fees from that account or from any money you receive, with your prior, informed agreement.
With ten (10) days' notice, we retain the right to modify our service fees. After receiving notification of a modification to our Service, your continuing use of the Platform will signify your acceptance of such changes.
You agree and realise that BrightPay may impose fees as may be indicated for each specific transaction or in other ways by authorising or accepting any transaction request or offer.
SUBSCRIPTION AND ACCOUNTYou certify that you are of sound mind and competent of handling financial transactions with autonomous and unbiased decision-making by enrolling with BrightPay and using the App Services.
You are able to lawfully enter into contracts, and utilising BrightPay and the app services is not illegally forbidden for you or anyone else.
You agree that no one else may use your account, and that BrightPay will not be held liable for any losses or lapses due to unauthorised use. You acknowledge that using the Services is subject to all relevant laws, and that you are only permitted to use the Services for legal reasons.
To use the services provided by BrightPay, you must register with the company. You must register accurately and completely in order to utilise our services.
You may be required to submit, including but not limited to, the following details “Registration Data” to create and maintain an account with us:
- Full Name
- Phone Number
- Account number
- PAN Card/ or other official documents
You are always in charge of protecting the privacy of your passwords and any usage of your account.
You must promptly tell BrightPay of any unauthorised use of your applicable account or password, as well as any other security violation.
You might be held responsible for any losses suffered by BrightPay or other users or visitors to the website, the app, or any of its affiliated platforms as a result of someone else accessing your username, password, or other account information.
BrightPay encourages its users to respect others' rights in the same way as we do. Users who may be repeat infringers of intellectual property rights may have their access disabled or terminated by BrightPay under suitable circumstances and in its discretion.
THIRD PARTY APPLICATIONSYou must not create and/or use a third-party applications or other developed product that integrates, interferes or attempts to integrate or interfere with the Website and/or App and its allied platforms (including Services) provided by BrightPay.
You must not misuse the Website and/or App and its allied Platform by using “deep link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, circumvent, or monitor any portion of the Website and/or App and its allied Platform.
ELECTRONIC COMMUNICATIONWhen you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email, posting notices on this Site, or SMS via your confirmed cell phone number (message and data rates may apply). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. For additional information on our electronic communication policies refer to our Electronic Communications Agreement.
AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORD MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS. BUT, WE WILL NOT SUBMIT A NEGATIVE CREDIT REPORT TO A CREDIT REPORTING AGENCY ABOUT THIS OBLIGATION UNTIL THE EXPIRATION OF ANY TIME PERIOD DESCRIBED.
REWARDS AND OFFERSYou must accept the offer/reward terms and conditions and meet the prerequisites in order to participate and win prizes and other offers made accessible on the Website/App. You acknowledge that your participation in the offer indicates that you have read, understand, and agree to be bound by the terms and conditions of the offer. Please carefully review the terms and conditions that apply to you, since they may differ from user to user depending on a number of factors. BrightPay has the right to reject any User who does not satisfy the terms of the offer or for any other reason, including but not limited to any fraud or suspicious transaction or conduct, as well as in compliance with any legal obligation or relevant laws and regulations. Additionally, BrightPay maintains the right, in its sole discretion, to revoke, cancel, or alter any current or previous award, offer, or the BrightPay offer programme at any time.
- You are prohibited from doing the following while using our websites, your BrightPay account, the BrightPay Services, or when interacting with us, other customers, or third parties:
- Breach any other agreement we have with you, including this User Agreement.
- Any law, legislation, ordinance, or rule must not be broken.
- violate the privacy or publicity rights of any third party or our copyright, patent, trademark, or other intellectual property rights.
- Use a name that is not your own, a temporary email or phone number, or use any other false personal information to create or control more than one personal account for yourself without our specific permission.
- Defamatory, libellous, threatening, or harassing behaviour.
- give faulty, erroneous, or misleading information.
- Send or receive money that we have a good faith belief may be fraudulent.
- refuse to help with an inquiry, validate your identification, or divulge any information you provide us.
- any activity that places an excessive or disproportionately high burden on the networks and servers utilised to deliver any of the BrightPay services, whether they are run by us, on our behalf, or by BrightPay.
- facilitate the use of any malware, trojan horses, worms, or other computer programming routines that aim to harm, disrupt, corrupt, misuse, interfer with, secretly intercept, expropriate, or gain unauthorised access to any BrightPay system, data, or information.
- Use a proxy server that provides anonymity, monitor or copy our websites using any robot, spider, or other automated device without our express written consent, or use any tool, programme, or procedure to get over our robot exclusion headers.
- interrupt, try to interfere, or disrupt any of our websites, software, systems, networks, servers, or any other aspects of any BrightPay service that are run by us or on our behalf, or that are utilised by other users to access any BrightPay service.
- Take any action that might prevent us from continuing to receive services from our payment processors, Internet service providers, or other suppliers or service providers.
- attempting to open new or additional BrightPay accounts while you owe us money or while your BrightPay account is restricted, suspended, or in any other way limited; opening new or additional BrightPay accounts using information from another BrightPay account; or circumventing any of our policies or decisions regarding your BrightPay account, such as temporary or permanent suspensions or other account holds, limitations, or restrictions.
- Threatening or threatening our agents, employees, or other users.
BrightPay does not make any representations or warranties on or about the accuracy and durability of the third-party vendor services offered to you. BrightPay does not warrant, nor will be in any way responsible for information, software, data, privacy policies, related to or pertaining to the third-party vendor content and services. We understand that you have reviewed the policies of these third-party vendors and you are in agreement with the same.
BrightPay, its affiliates, providers, and each of their officers, directors, employees, agents, independent contractors, and licensors (collectively, the "BrightPay Parties") make no representations or warranties about the correctness, sufficiency, timeliness, reliability, completeness, or usefulness of any of the Content, and they take no responsibility for any errors or omissions therein. This website and all of its contents are offered "as is" and "as available" without any explicit or implied warranties, including those of merchantability, suitability for a specific purpose, non-infringement, or ownership. No guarantees are made regarding the outcomes of your use of the Content, either. The Site may not be devoid of viruses or other harmful elements, according to the BrightPay Parties. The guarantees that cannot be excluded, limited, or modified by the laws that apply to this Agreement are unaffected by this.
Without warning and without incurring any obligation to you, the BrightPay Parties have the right to stop providing the Content and/or make modifications to the website at any time. The BrightPay Parties do not assume any obligation or responsibility to update or change any dated information; it is only published as of the date it was published. Without giving you any notice, the BrightPay Parties have the right to stop any and all Site offers or transmissions. This website might include typographical or technical mistakes. You use this website at your own risk and are fully responsible for any damage that results from your use of it or any associated websites.
SECURITYTo prevent accidental loss and unauthorised access, use, modification, or disclosure of your personal information, we have put in place adequate technological and organisational safeguards. We can't, however, promise that unauthorised parties won't ever manage to get around such safeguards or misuse your personal data. You do so at your own risk when providing personal information.
You are in charge of protecting your password and controlling access to the Services from your computer and compatible mobile devices (s). Any unauthorised use of your password, BrightPay Account, or any other security lapse shall be reported by you to us right away.
DISCLAIMERYou acknowledge BrightPay as a fintech platform and is not a Lender, Creditor or Bank and does not loan money or make lending decisions. Transactions performed by you on BrightPay platform under the Social Finance product, with other users are based on your personal relationship with and knowledge of the person. Borrowers acknowledge by submitting their loan request that they are entering into a loan contract with the chosen Lender and thereby agreeing to repay loan based on terms as mutually agreed between them. Lenders are responsible for ensuring they know and trust the Borrower before approving any Loan Requests. BrightPay makes no guarantees of the Borrower’s ability to repay the loan.
As for our Care now, Pay later product, BrightPay operates in partnership with Non-Banking Financial Company (NBFC) partner/(s), to facilitate credit facility for its users, basis the underwriting policy of the partner NBFC(s).
You recognise and accept that BrightPay is neither a bank or an NBFC. It is a fintech platform development firm where users may willingly engage in financial transactions. To easily support these financial transactions via various payment methods, including but not limited to UPI, IMPS, and others, BrightPay is collaborating with top payment gateways, banks, and other financial institutions. You acknowledge and agree that you will not hold BrightPay accountable or liable for any problem or claim resulting from a dispute involving any regulated partner organisations or third-party service providers of BrightPay, such as banks or payment gateways.
COMMUNICATIONSYou consent to accept and receive communications from us, including e-mail, text messages, WhatsApp messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for BrightPay Services or update the contact information associated with your profile. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialling systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
If you do not want to receive communications from us that are not relevant to you, please click on the unsubscribe link that may be provided at the bottom of such e-mails sent to you by us or write to us. Please note that it may take about 10 days to process such requests. We use your mobile numbers to send you transaction alerts and SMS alerts based on your preferences. Please keep in mind that we will continue to notify you by email /SMS/via phone calls regarding your services with us, even after you have opted out.
To efficiently provide the Services, we rely on your express consent to allow us to access your registered emails for the purpose of reading emails that are pertinent to the Services when appropriate, including bank statements and data related to your loan application. Any password-protected documents shall, to the degree necessary for the operation of the Services, be accessed by automated means, using information given by you to automatically create passwords in order to safely access such documents. It is further clarified that the permission requested from you shall be used exclusively in connection with the loan application facilitated through us and that such information shall not be shared with any third party, with the exception of a financial institution that is registered with the RBI ("Reserve Bank of India") and may need the aforementioned information to process the loan application and to comply with applicable law.
Your access to the BrightPay Services may also be terminated due to any requests by authorized law enforcement or other government agencies.
WARRANTIES AND LIMITATIONSYou expressly understand the use of the BrightPay Website and/or Application and its allied Platforms is at your own risk and discretion. Our Services to you are provided ‘as is’ and without any warranty or condition, expressed or implied. Without limitation, we do not warrant fitness for any error-free and uninterrupted Services. BrightPay and its subsidiaries, affiliates, officers, employees, or licensors make no warranty that:
- The Services will meet your requirements.
- The Services will be uninterrupted, timely, secure, or error free.
- That any defects or errors will be corrected; and
LEGAL ADVICE/TAX LIABILITYYou are responsible for any tax liability arising out of use of the BrightPay Services and any payment You receive through use of the BrightPay Website/App, including but not limited to the transactions completed, cash backs or any other rewards, and/or any kind of refunds received.
You acknowledge BrightPay is not a collection agency, financial advisor and does not provide tax services or tax advice. You should consult your tax advisor for any tax liability arising out of performing transactions on BrightPay, or your attorney for any legal advice.
CHARGEBACKSPayments made through BrightPay, may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this User Agreement or any other agreement with us.
You are responsible for providing us with accurate information relating to your bank account details for successful completion of the transactions. We will not be held liable for failure of any transaction, if the details provided to us are incorrect or not updated. Any reversals in case of an unsuccessful transaction, will be made in favour of the Lender in up to 3 working days from the date of failure as established by BrightPay, provided that where for certain exceptional and unavoidable reasons it takes longer to complete the transaction, we will intimate the user accordingly, and We will not be held liable for such delays.
You hereby authorise and permit BrightPay to disclose, from time to time, any information on or relating to me to any of its subsidiaries or affiliates or to any governmental authority, statutory authority, judicial authority or credit bureaus, associated partners, lenders, whether in India or any other jurisdiction, or Reserve Bank of India or third party or BrightPay’s consultants, advisors or service providers, without requirement for any further consent from you.
You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of BrightPay’s website or application either by Yourself or by anyone using Your password/ One time password, and login information (with or without Your permission). You will only use the website to search for and to apply for loans and will not use the website to make any fraudulent applications.
You acknowledge that our lending partners reserve the right to reject your application for any facility without assigning any reasons whatsoever without any intimation to you.
You understand that We/ our lending partners may retrieve/ procure/download your KYC data/ details from the Central KYC registry for the purposes of verifying/establishing the data/details/identity and you hereby allow us/them to do so.
MODIFICATION TO BRIGHTPE’S SERVICEBrightPay reserves the right at all times to modify, discontinue, temporarily or permanently, the BrightPay Services. You agree that BrightPay shall not be liable to you or any third party for any modification, suspension or discontinuation of the BrightPay Service.
ARBITRATION AND GOVERNING LAWThe laws of India, without regard to its conflict of laws rules, will govern these Terms. In case of any legal action courts located in Bangalore (Karnataka), India will have jurisdiction over such matters. In any proceedings initiated by or against us, BrightPay will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and attorney fees.
SEVERABILITYIf any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
LIABILITYTo the maximum extent permitted by applicable law, BrightPay and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any indirect, incidental, special, consequential punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website and/or App and its allied Platforms; (ii) any act and, or conduct and, or content and, or omission of any third-party on the services including without limitation, any defamatory, offensive or illegal conduct of other users or third-parties; (iii) any content from the Website and/or App and its allied Platforms; or (iv) unauthorised access, use or alteration of your transmissions or content.
In no event shall BrightPay’s total cumulative liability to You in connection with the Website/App Services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees on pro-rata basis, that BrightPay has realized from you during the three (3) month period immediately preceding the date of the claim.
Your unauthorized use of the Website and/or App and its allied platforms (including Services) may result in civil and criminal penalties, in accordance with the applicable law.
For the purpose of this clause, “Force Majeure” means and includes wars, insurrections, revolutions, fires, floods, epidemic, pandemic, quarantine restrictions, freight embargoes, declared general strikes in relevant sectors, natural disasters or such other acts or events which are beyond our reasonable control.
We recommend that you periodically check this page for any revised terms. We may provide additional or modified services on revised terms and conditions available on the Website/App. You can elect to opt out of such services by discontinuing/uninstalling the Website/App. However, your continued use of any services beyond a period of 10 days from the date of publication will be deemed to constitute your acceptance of all such revised terms. We do not accept any liability based on your ignorance or negligence to keep Yourself updated regarding the revised terms and conditions.
Have any queries on these terms?
If you have any questions or concerns about the terms of service please contact us.