Last modified on 01 Aug, 2023
THESE PAYMENT AGREEMENT TERMS GOVERNING YOUR BRIGHTPAY PAYMENT PLANS INCLUDE AN ARBITRATION PROVISION. IN THE EVENT OF A DISPUTE, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.
The BRIGHTPAY PAYMENT PLANS ("Plan") allows you to pay for the goods or services you purchase from authorized clinics, merchants and other providers ("Providers") with a series of payments over time. We pay the Provider on your behalf for the goods or services you purchase, and you agree to repay those amounts to BrightPay in accordance with this Agreement and the specific terms presented to you at the time you sign up for a Plan. You may not use or permit your Plan to be used for any unlawful purposes.
The following Payment Agreement Terms apply between BrightPay (Highmark Benefits Private Limited) ("BrightPay," "we," or "us") and the user of the Plan ("you"). In addition to these Payment Agreement Terms, your use of the Plan is governed by the following agreements (collectively, together with these Payment Agreement Terms, the "Terms"):
The Plan gives you the option to pay for your purchase with a credit or debit card in five payments, starting with an initial down payment due immediately when you sign up for a plan followed by four installment payments. BrightPay will pay the Provider on your behalf for the goods or services you purchase, and you agree to repay the amount of that purchase directly to BrightPay under your Plan. By agreeing to these Terms, you instruct BrightPay to pay the Provider on your behalf at the time and in the amount reported to us by the Provider.
BrightPay does not charge you any interest to use the short term 0-9 month no cost EMI Plan, but the issuer of your card may charge interest or other fees under the terms of your card agreement. While for long term plans beyond 9 months, above a specific amount borrowed may be charged interest rates.
When you sign up for a Plan, the total amount of the payments under the Plan (the "Plan Amount") is based on the estimated amount of your purchase as indicated by you. The Plan Amount may or may not have a first down payment at the time you sign up for the Plan, and by any further adjustments necessary to reflect the actual amount reported by your Provider to BrightPay after the goods have been delivered or the services have been rendered. We will automatically charge your card for the next installment payments as per the plan duration after the date you sign up for the Plan, according to your scheduled Due Dates (see the "Due Dates" section below).
If, after your first down payment is charged, the Provider determines that the actual amount of your purchase is less than the initial Plan Amount, your initial down payment will remain the same, but we will reduce your next installment payments equally or accordingly.
If the actual amount of your purchase is less than the amount of your initial down payment, we will refund you the difference. The actual amount owed under your Plan will never be more than the estimated Plan Amount (even if the Provider reports an amount greater than your Plan Amount), so your payments will never be greater than the estimated payments at the time you sign up for a Plan (but you will be responsible for any amounts due over your Plan Amount). If the Provider does not request payment from us within 15 days of you signing up for your Plan, or the goods or services you have purchased using the Plan are not provided within 15 days of purchase, we will cancel your Plan and promptly refund any amounts that you have paid to your original payment method; in such case, you will be responsible for making other payment arrangements with the Provider, if necessary.
We may limit the types of cards we accept at our discretion. Most valid credit and debit cards that are scheduled to expire after the remaining repayment period are accepted. If a type of card is not accepted you will be notified before the purchase is completed. We do not accept prepaid cards or wallets or UPI
There may be no initial downpayment required in some of the cases while in some, a down payment will be charged when you sign up for the Plan either by us or by the financial institution that approves the creditline or the payment mechanism like cards. The next installment payments will be automatically charged to your card every 14 days after the first payment is charged. Such scheduled due dates for payments ("Due Dates") are disclosed in Indian Standard Time. You can make payments any time and in any amount before the scheduled Due Date.
If you have more than one Plan, each Plan will have its own Due Dates.
If we are unable to charge your selected payment method for the amount due on your Due Date, we will provide you a courtesy 10-day grace period so that you can ensure enough funds are available on your selected payment method or, to the extent permitted by us, update your payment method. If you update your payment method, we will attempt to collect the late payment immediately. Otherwise, we will attempt to charge your original card again after the 10-day grace period. It is important you ensure enough funds are available to complete your payment on the Due Date.
If you fail to make a payment by the end of the courtesy 10-day grace period, you will be in default (assuming your Due Date has not been extended as described below). We may continue to attempt to collect overdue and currently due payments on subsequent Due Dates, or invoice you separately for the unpaid total.
The late payment fees are dependent on the financial partner through which you availed the no cost EMI option. It can be the credit cards or cardless EMI or pay later mechanism. We will charge you a Late Payment Fee for each payment that is not made on its scheduled Due Date and has not been collected within your courtesy 10-day grace period. However, the sum of Late Payment Fees associated with your Plan will not exceed 25% of the Plan Amount. The Late Payment Fee for each late payment is calculated as the 3.25% of the Plan Amount of the month. If you correct a payment failure within your courtesy 10-day grace period, you will not be charged a Late Payment Fee.
If you are experiencing circumstances that make it difficult to make your payment on time or you believe you will need more time to update your payment method before your next Due Date (including the courtesy 10-day grace period), you have the option to extend the Due Date by an additional 2 weeks. You can do this by emailing your request to support@brightpay.in before your courtesy grace period expires. When you extend a Due Date, any subsequent Due Date will also be extended by 2 weeks. You may extend a Due Date only once with respect to a payment, and may only use this option twice for any Plan. The ability to extend your Due Date is offered at our discretion, and may not always be available. Extending a Due Date does not affect or limit your obligations, including your obligation to make the scheduled payments, under these Payment Agreement Terms.
Any returns or refunds credited to your purchase will reduce your outstanding balance, but do not count as payments. You will need to continue to make your previously disclosed payments on scheduled Due Dates until your balance is paid in full. If you have a credit balance, you authorize us to credit the balance back to (a) your payment method, or any other card we have on file for you; (b) by check to your mailing address on file; or (c) by direct deposit to any of your bank accounts on file or stated on any check you presented to us for payment.
You will be in default if: (a) you fail to make any payment by the Due Date (including your courtesy 10-day grace period); (b) you supply false, misleading, or incorrect information to us; (c) a payment is charged back or returned to us by your bank; or (d) you violate or are unwilling to comply with any provision of the Terms.
If you are in default, BrightPay may, subject to applicable law: (a) charge the outstanding balance on your Plan immediately, using any card or payment method we have on file for you or by a separate invoice; (b) employ a debt collection agency to receive payment and you will have to pay all reasonable costs (including attorney's fees) incurred by BrightPay and/or the debt collection agency; (c) report default information to credit bureaus; and/or (d) terminate your access to a Plan in the future.
You authorize BrightPay or the payment gateway or the financial partner that approves your No Cost EMI plan to store your card details in the corresponding systems. We will use this information to authorize future payments under these Terms. You may not cancel or obtain a refund for any payments made under your Plan once the goods or services associated with the Plan have been supplied by the Provider. In the event BrightPay obtains updated card information from the card issuer, you agree that we may use this updated information in our system.
You authorize BrightPay to charge your card (if the card is a credit card) or initiate preauthorized transfers from the account related to your card (if your card is a debit card) for each payment on its Due Date, and for any other amounts that may become owing under this Agreement. The amount of each transfer is disclosed at the time you sign up for your Plan. You agree we may initiate transactions in the amounts listed, or less, in the event that part of your purchase is returned or the final amount of the transaction is less than the initial amount of the Plan. Your final payment schedule will be emailed to you. You agree these Payment Agreement Terms will serve as your copy of your authorization for BrightPay to initiate preauthorized transfers. We will provide notice within 2 days after each payment confirming that you have paid the amount listed in your payment schedule (or less, in the event part of the purchase is returned or the final amount of the transaction is less than the initial amount of the Plan).
You may add an alternate card as a payment method by calling our customer support team at 080 68172072, provided that the new card has adequate balance for future payments. You agree to extend your consent under the "Storing Card Details" section to any such newly added card. Please note that the new card does not replace the original card you presented to us as the payment method at the time you signed up for a Plan. If any payment is declined on the new card, we reserve the right to charge the original card we have on file. You may cancel your authorization on the original card by calling our customer support team at 08068172072, only if your original card is expiring, lost or stolen. You can also email us at support@brightpay.in and ask us to reach out to you about adding an alternate card, but please make sure not to include sensitive information, including your card number, in your email.
You understand and agree that BrightPay may, without further notice or warning and in our discretion, monitor or record telephone conversations with you or anyone acting on your behalf has with BrightPay or its service provider or agents for quality control and training purposes or its protection. You acknowledge and understand that, while your communications with BrightPay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by BrightPay, and BrightPay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
BrightPay is not engaged in the sale of any goods or services supplied by any Provider. BrightPay does not have control of, or liability for such products or services.
You agree to defend, indemnify and hold BrightPay, our parent, affiliates and the officers, directors, agents, joint venturers, employees and suppliers of BrightPay harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the BrightPay services, and/or your violation of any law or the rights of a third party.
We evaluate each request to participate in a Plan independently. Your participation in a Plan does not guarantee future Plan participation.
You may not transfer or assign any rights or obligations you have under this Agreement without BrightPay's prior written consent. BrightPay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
If you have a complaint relating to your Plan, you may contact us via email at support@brightpay.in. If you have a complaint relating to the delivery or quality of the goods or services you purchased, please contact the Provider.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
As used in these Terms, the terms "dispute" and "claim" has the broadest possible meaning. They include any and all disputes or claims involving the parties, including all claims even indirectly related to your application and agreements with us. They include claims related to information you previously gave us and all past agreements. They include claims related to extensions, renewals, refinancings, or payment plans, as well as related to collections, privacy, and customer information. The terms "dispute" and "claim" also include claims related to any attempt to set aside this Arbitration Provision, and claims about the Arbitration Provision's validity, scope, and whether to arbitrate. They include claims under any legal theory, including contract, tort, statutory, or regulatory.
NOTWITHSTANDING THE FOREGOING, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT, AND NOT BY ARBITRATION, IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 60 DAYS FROM (A) THE DATE YOU FIRST USE THE BrightPay SERVICES OR (B) OTHERWISE ACCEPT THE TERMS AFTER THE TERMS HAVE GONE INTO EFFECT (THE "OPT OUT DEADLINE"). YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FULLY COMPLETING, SIGNING, AND DATING THE ARBITRATION OPT-OUT NOTICE FORM LOCATED HERE, AND BY MAILING IT TO BrightPay VIA FIRST-CLASS MAIL AT THE FOLLOWING ADDRESS: BrightPay (Highmark Benefits Private Limited). ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION OR SMALL CLAIMS COURT.
YOU AND BrightPay AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BrightPay AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS).
The 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.
If 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.
Notwithstanding anything else contained in these payment terms, we shall not be held liable in any manner hereunder as a result of an event of Force Majeure.
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.
All provisions of these Payment Terms and payment terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may from time to time change and implement the payment terms.
We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in a connection with such an assignment or transfer.
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.
Your compliance with these payment terms grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the BrightPay Website and/or App and its allied Platforms (including Services).
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