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Terms and Conditions

Our Terms and Conditions were last updated on [10/11/2023].
These Terms are subject to annual review, and/or in the event of a necessary update may be modified prior to that. User consent will be sought after all significant updates to these Terms and Conditions.
Please read these Terms and Conditions carefully before using Our Service. The language of these Terms and Conditions, as well as of the Privacy Policy and all other customer awareness information provided on BaadMay’s website, is available in both English and Urdu.

1. Interpretation and Definitions

Words and phrases with the initial letter capitalized correspond to the given meanings defined under the following conditions, they apply whether they appear in the singular or plural form.

For the purposes of these Terms and Conditions:

1.1 “Affiliate” refers to an entity that controls, is controlled by, or is under common control with another party, here "control" indicates ownership of specified shares, equity interest, or other securities, entitled to vote for the election of directors or other the managing authority.

1.2 “Account” means a unique account created by You to access our Service.

1.3 “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BaadMay.

1.4 “Country” refers to Pakistan.

1.5 “Device” refers to any device used to access Our Service.

1.6 “Feedback” entails opinions or suggestions sent by You regarding our Service.

1.7 “Products” refer to the products or items hosted on our Service for sale, or those available on our Merchants’ sites and services, permissible to be paid for using our Service. These products do not belong to the Company and remain the property of our Merchants.

1.8 “Merchants” (also referred to as "Merchant") refers to brands that have partnered with BaadMay to provide you financial services for the purchase of their Products. BaadMay retains no rights and obligations pertaining to the items available for sales and is simply a technical platform that caters to payment solutions. All matters concerning the Products themselves are under the domain of the Merchant that provides them, and all information or issues in this regard require consultation to be sought from the Merchant directly. At any point, if there is a need for Your relevant financial transactions to be taken into consideration, BaadMay Customer Care can be contacted for further support.

1.9 “Orders” entails requests submitted by You to purchase Products from Our Merchants through our Service.

1.10 “Promotions” refer to contests, rewards, or any other relevant activities offered through Our Service

1.11 “Service” refers to this Website and its associated digital applications both iOS and Android, and availability, utilized to carry out a transaction, including both those at Your or our Merchants’ end, this includes their all-encompassing retail services.

1.12 “Terms and Conditions” (also referred to as "Terms" or “Terms and Conditions of Use”) refer to Terms and Conditions that form this entire agreement between You and the Company, regarding the use of Our Service.

1.13 “Third-party Social Media Service” refers to any services or content provided but a third party may be displayed, included, or made available by the Service. This includes data, information, products, or services.

1.14 “Website” refers to BaadMay, accessible from baadmay.com

1.15 “We”, “Our”, and “Us” refer to BaadMay.

1.16 “You” refers to the individual accessing and/or using our Service, or the company, or any other legal entity on behalf of which such an individual is accessing or using Our Service.

2. Acknowledgment

Operating between You and BaadMay, these are the Terms and Conditions governing the use of this Service. All rights and obligations of all Our users regarding the use of the Service are clearly outlined in this document.

Please read the Terms and Conditions and Privacy Policy carefully prior to using BaadMay’s Services. By clicking to accept or agree to the Terms and Conditions when this option is made available to You, You agree to be bound by these Terms and Conditions. These Terms and Conditions are applicable to all visitors, users, and others with access to Our Service.

Your access to and use of Our Service is conditional, based on Your acceptance of and compliance with the Terms and Conditions as stated in this document. This also applies to Your acceptance of and compliance with BaadMay’s Privacy Policy. The policy highlights all details regarding the acquisition, protection, storage, and use of information obtained via the users of our Service, along with their rights and legal protection available to them in return, with regards to this Service.

BaadMay reserves the right to exclude any user with delinquent balances from utilizing its Services. BaadMay wants users to develop healthy financial habits and does not encourage consumers to take on more debt than they can afford to pay back.

By clicking to accept the Terms and Conditions when this option is made available to You, You accept and agree, on behalf of yourself, to be bound and thereby abide by these Terms and Conditions and Privacy Policy. You further acknowledge that You have read and understood our Terms and Conditions and Privacy Policy. After You agree to these Terms and Conditions, they will be automatically sent to You on Your registered phone number upon Your first purchase from a Merchant. Also, You acknowledge that You may be currently engaged in borrowing from multiple lenders and understand the potential risks associated with this practice. Hence, You acknowledge that by engaging in such transaction(s) You are not exposing Yourself to over-indebtedness and are managing Your potential credit risk effectively.

If You do not agree to these terms and conditions in the agreement, You must not access the site and not use the BaadMay Services.

2.1 Risk Warning

BaadMay’s aim is to provide You with a safe and secure means to facilitate payments for Your transactions between Merchants. Our Services affords You the option to make payments in installments. Our Service follows all standards in place to ensure no undue liability is placed on You with respect to the ability to meet present and/or future obligations arising from recurring installment payments.

By accessing or using Our Service, You consent to its utilization for the purpose of making installment purchases, and acknowledge Your ability to meet the installment payments, and ensuring that your debt-to-income ratio permits such transactions.

2.2 Our Responsibility

BaadMay prioritizes the security and integrity of Our services and has the utmost regard for Your financial well-being. In light of this, BaadMay shall bear sole responsibility in the event of any digital fraud stemming from a security lapse of our App due to:

• A fault from Our end, within Our reasonable control;
• Operational issues of the App, within Our reasonable control;
• The architecture of Our App; and/or
• Any other malfunction of the App, provided You inform us immediately thereof.

3. BaadMay Accounts

When You create an account with BaadMay, You must provide Us with accurate, complete, and current information at all times. Any failure to do so constitutes a breach of the Terms and Conditions of this agreement, which shall result in immediate termination of Your account from Our Service with a notice sent to Your registered email/phone number.

3.1 Your Data
You bear the responsibility to safeguard login credentials or any information of similar nature, the compromise of use of Your account, T-Pin(Transactional Pin), OTP (One time password), jeopardizing the safety of Your data. This includes Your password registered directly with Our Service or a Third-Party Social Media Service.

By using Our Service You hereby agree to disclose all of your financial obligations and to refrain from withholding any information that may be impactful or important to any of the parties of the financing agreement.

We take reasonable steps, including physical, technical, and organizational measures, to protect your personal information from unauthorized access and against unlawful processing, accidental loss, destruction, and damage. All information You provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology.

We at BaadMay have employed a real-time security net and constantly monitor and protect the flow of data via the implementation of an encrypted layer. Once we have received your information, we ensure the strictest procedures and security features are used to prevent unauthorized access.

Our mobile application may, from time to time, contain links to external sites, along with our services being connected to the sites of our Merchants. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms of use. Please check these policies before you submit any personal data to these websites. We are not responsible for the privacy policies or the content of such sites.

3.2 Data Sharing and Usage
Your data is secured via cloud infrastructure and is only shared with government authorities, regulators, credit bureaus, and legal forums. BaadMay uses customer data for know-your-customer (KYC) and internal customer credit scoring for the purposes of risk management regarding your debt-to-income permit, increasing user shopping limits, and/or access to additional features.

3.3 Data Confidentiality
By agreeing to these Terms and Conditions, You agree not to disclose Your OTP (One-time password), social media passwords, T-Pin/Passcode, CNIC, Your Debit/Credit cards, or any other payment cards information to any third party. In case of any breach in this regard, or unauthorized usage of Your account, You must notify Us immediately to block Your account and future transactions. Furthermore, after a maximum number of 5 failed attempts to access Your account, access to Your BaadMay account shall be blocked.

3.4 Prohibited Activities
The use of another person or entity’s name or one not lawfully available for You to use, including any protected by Copyrights or Trademarks, that You are not rightfully authorized to make use of, must not be used as a username by You on Our Service. Offensive, vulgar, or obscene names are prohibited from being used as a username.

We have a no-tolerance policy for terrorist or terrorism-related financing. Such activities are strictly prohibited, thus, withheld from and actively prevented by BaadMay.

3.5 Closing Your BaadMay Account
You may request to close Your BaadMay Account at any time by contacting us at “[email protected]”. If You owe any payment to BaadMay, We will not close Your Account until that payment has been made. But We may limit Your ability to make additional transactions using Your Account. You may not close Your Account to evade an investigation. You will remain liable for all obligations related to Your BaadMay Account even after it has been closed. After You submit a request for Account closure, based on our data disposal policy, we delete user data immediately after the request to delete the Account is submitted to us.

3.6 Account Usage Policy
By Using Our Service You hereby agree that You will be responsible for all activity under your Account and agree to maintain the security of Your account username and t-pin/passcode on an ongoing basis, unless You express otherwise in writing. If Your credentials are lost or stolen, or if You believe that there is unauthorized access to Your Account, You must change the t-pin/passcode for Your Account and notify Us immediately. The Customer is responsible for any transactions made using his stolen account unless he promptly initiates by notifying us of the account suspension and receiving a message from BaadMay stating that the account is deactivated/closed.

Since it is not permissible to transfer user accounts, therefore, You acknowledge and agree to return to BaadMay the value of any transaction using Your account, that is not valid, authorized, or does not follow the applicable process according to the law. Such action may be done by You or by any person who has access to the site Online, services, or otherwise, through the use of the user name or password specified by You, irregardless of whether or not You have allowed such access.

4. Placing Orders with BaadMay

By placing an Order for Products with our Merchants through BaadMay’s financial services, You warrant legal capability to enter into binding contracts. A key fact statement including details of the amounts and service charges will be disclosed to You at the time of Order confirmation. This key fact statement shall automatically flow to Your registered email/phone number and be available in both English and Urdu.

4.1 Your Information

To place an Order for Products available on or through BaadMay, You may be asked by payment-processing third parties to submit specified information relevant to Your Order including, without any limitation, Your name, Your email, Your phone number, Your debit or credit card number, and its expiration date, Your billing address, and Your shipping information.

Through the provision of this data, You represent and warrant the legal right to utilize this information with connection to any Order; and acknowledge that all information supplied by You is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. BaadMay does not store such information in the process.

BaadMay may (in its absolute discretion) make any inquiries it deems necessary (whether this is done directly or through a third party), as well as ask you to provide a response and with more information or documents, and without limiting what was previously stated. Such inquiries/communication shall be recorded and made through BaadMay’s publicly stated phone number, any day after 7 a.m. and before 10 p.m. If you are an employer or registered on behalf of an employer, such information or documents may include a business license and other official company documents and/or documents that demonstrate any person’s authority to act on your behalf. Through your agreement and acceptance of these Terms and Conditions, You acknowledge and agree to provide any information and/or documents to BaadMay upon request. You further acknowledge and agree that if you are unable to do so, BaadMay may, without any liability, limit, suspend or withdraw your access to the Service. We also reserve the right to cancel any unconfirmed or unverified accounts or accounts that have not been active for a long time.

4.1.1 Order Placement Confirmation

As part of our verification process, our team may contact you after you place an order. To confirm your order, you will be required to provide the following documents:

CNIC: A picture of both the front and back.

Utility Bill: You may choose to provide a recent electricity, gas, or PTCL bill. This bill can be from the current month or the previous month, but it must be paid.

Secondary Contact Number: An additional contact number for verification purposes.

These documents are necessary to confirm your order. Once you have provided the required information, your order will be confirmed promptly.

4.2 Order Limitations and Cancellation

We may set a total shopping limit for you which will be disclosed on your account when you login on Our app. This shopping limit is the total amount available to you for purchases with Merchants and reduces each time You make a purchase. We may change the shopping limit from time to time at our absolute discretion, based on a variety of factors, including but not limited to your creditworthiness, and payment and transaction history.

We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honor a transaction or your account. BaadMay reserves the right to refuse Service or cancel Your Order at any time for certain reasons including but not limited to:

• Outstanding or incomplete payments
• Exceeding financial limits exerted by BaadMay upon users for carrying out transactions
• Errors in Your Order
• Errors in the information submitted to BaadMay or the Merchant hosting the product
• Errors in financial details submitted that limit BaadMay’s ability to carry out subsequent transactions

We also reserve the right to refuse or cancel Your Order under suspects of fraudulent, unauthorized, or illegal transactions.

4.3 Your Order Rights

Product policies applicable to any Order, remain the same as stated and governed by the Merchant the Product is of. All relevant actions regarding the Product are carried out in accordance with the Terms and Conditions applicable to them through the Merchant. Our Policies and Terms apply to the financial transactions made against the Service and apply in conjunction with those applied to the Product by the Merchant.

The merchant is solely responsible for the shipment and delivery of products and services. BaadMay does not take any responsibility in this regard.

The merchant is fully accountable for the quality of the products or services, including any defects or issues.

BaadMay shall not be held liable for any such concerns.

If a merchant's website or mobile app is compromised or hacked, any resulting loss will be borne solely by the merchant. BaadMay will not assume any responsibility for such incidents.

It is the merchant’s responsibility to ensure the protection and security of all customer data collected via their website or mobile app.

The merchant shall ensure the security of their website and mobile app, including maintaining secure connectivity with the BaadMay Payment Gateway, to guarantee that the platform is always available for customers to complete transactions.

4.3.1 Returns and Exchanges
Requests for the return or exchange of any Products You purchase using Our Service from Our Merchants, need to be submitted to the relevant Merchant or their Merchant/Retailer accordingly. All communication regarding the concern remains between You and the Merchant. For any actions that require BaadMay’s assistance or action to be taken on Our end, You may not reach out to us, on Your behalf the Merchant shall communicate with Us for the relevant matter.

The settlement of all such disputes remains the responsibility of the Merchant itself. BaadMay does not claim rights over these Products nor the matters of any dispute including but not limited to settlement. For any queries and concerns regarding the Product beyond the installments, You are advised to contact the Merchant directly.

4.3.2 Cancellations and refunds
You are provided a cooling off period after a purchase, whereby You may initiate an Order cancellation request at any point in time prior to delivery. In case of Product unavailability, or any other issue associated but not limited to the ones described here, our Merchant is responsible for but may not be able to provide the Service or Goods as communicated. In such a case or that of the Order cancellation request initiated by You to the Merchant, a claim to refund may be processed.

The settlement of such issues remains between You and the Merchant or their Retailer. The decision of the settlement will be intimated to BaadMay by the Merchant on an information-sharing basis if We are required to revert the financial value You have paid against the Product. In accordance with the policy followed by our Merchant, BaadMay will process any transactions that need to be reverted.

However, it is to be noted that if the Merchant returns the value of the Order/Product(s) in any other form but not limited to vouchers, coupons, wallet increments, or points, that is processed by the Merchant and BaadMay bears no responsibility, other than that applicable to cash/credit.

BaadMay is not liable to You in connection with any refund of payments until Merchant approval is sought by You and the Merchant intimates BaadMay to process a financial refund. BaadMay may play a role in facilitating refunds and refund of payments between you and the Merchant or the Merchant Platform at its sole discretion, such role does not imply any liability in connection with the refund of payments.

4.4 Availability, Errors, and Inaccuracies
BaadMay features Products on behalf of its Merchants. But the Company does not claim rights over the completeness and accuracy of the information, including but not limited to Product details, pricing, and availability. We are constantly updating Our offerings of the Products are available for purchase via BaadMay, but errors are likely and the Company does not bear liability for that.

All Orders are placed with the Merchants, liable for any issues associated, and responsible to answer any concerns You may have, in accordance with their terms and policies. BaadMay bears no responsibility for them. We cannot and do not guarantee the accuracy or completeness of any information, including prices, Product images, specifications, availability, and services.

As the Company relies on these Merchants for the information it obtains, delays or errors may be experienced. We encourage You to consider the information hosted on their services Your prime source of data needed to carry out any purchase BaadMay reserves the right to change, update information, and correct data for any errors, inaccuracies, or omissions at any time without prior notice.

4.5 Prices Policy

The Company bears no responsibility regarding the pricing policy of the Products it hosts. The Merchants reserve the right to update anything pertaining to the matter in accordance with their policies. Neither of these institutions is permissible to make any changes that affect Your purchase after an Order is already placed.

All transaction details are outlined at check-out to ensure transparency. In case of any questions or concerns regarding payment, or ambiguity about the payment plan, You can reach out to BaadMay Customer Support for further information. We encourage You to hear back from us before checking out Your Order.

4.6 Payments

Payments to BaadMay can be made through various payment methods made available, such as Visa, MasterCard, or online payment methods permissible. Currently, BaadMay payments through BaadMay do not constitute cash transactions. BaadMay reserves the right to make changes to the payment methods made available on the Service.

Payment methods are subject to validation checks and authorization by issuing authority. Delays in receiving or lack of required authorization are likely to result in Your Order being impacted, delayed, or canceled.

All payments made are in accordance with the payment plan offered and details are reflected at check-out. Refer back to section 4.6 for the Pricing Policy.

BaadMay applies a Payment limit as intimated on Your BaadMay Account. The limit does not apply on a monthly basis and can be utilized however You wish to make purchases with Our Merchants and when. Every time you place an Order, the limit is reduced by the value of the Order and after each installment is paid, the paid value is added back to the total limit.

By using Our Service, You authorize Us to transfer to international payment system operators payment card data you’ve provided to us when filling out forms on the Website or otherwise, and to receive from such operators confidential information, in particular – a report including a score from Visa or/and Mastercard and is formed using the data of your payment cards and transactions carried out with the use of such cards, the data of which are provided by yourself to BaadMay, in order for us to make a decision on concluding a loan agreement.

By using Our Service, You authorize Us to coordinate with the retailer, broker, or agent from whom you have made a purchase using BaadMay, to downgrade or cancel your membership, subscription or any upcoming fulfillment or service. By authorizing BaadMay to do so, you also authorize BaadMay’s Merchant, broker or agent partner, to liaise with their vendors, suppliers and/or manufacturers if applicable, to enforce the aforementioned cancellation and/or downgrade.

4.7 Payment Terms

4.7.1 How it Works

• You must use your own valid debit or credit card to pay (payments through prepaid cards are not permitted).
• You must be at least 18 years old and capable of entering into a legally binding contract.
• Payment for the first installment is charged when your order is confirmed by you and the Merchant, the remaining 2 payments are automatically charged from your card on file every month after that.
• In case of delays in making a payment, we may freeze your account and further relevant action will be taken after communication with you.
• To cancel your purchase or return your goods you must contact the Merchant. Until your despite is settled with the Merchant, you will have to complete all transactions for further installments. If the Merchant’s decision of the dispute is a monetary refund, all payments made will be reverted to you in complete amount.
• For any questions about your order other than payment, please contact the Merchant you purchased from for any further information.
• The issuing authority for your card may charge interest or fees, such activity will be based on the terms of your agreement with them. For any questions or concerns associated, please contact your card issuer.

These Payment Terms (“Payment Options Terms”) are applicable between BaadMay (" We" or "Us") and the user of this payment option ("You"). These Payment Terms, apply in conjunction with Our Terms of Use and Our Privacy Policy.

Please read these Payment Options Terms carefully. If you do not agree to these terms, you must not use Our Services.

If a provision of these Payment Terms is invalid or unenforceable, it may be severed from these Payment Terms and the remaining provisions of these Payment Terms continue in force. You must not assign or transfer your rights under these Payment Terms without our prior written consent (which may be given or withheld at our absolute discretion).

It is at our discretion whether you can pay with this Payment Option.

4.7.2 Accepted Cards
Based on Our discretion, we reserve the right to limit the types of cards accepted. If a type of card is not accepted You will be notified prior to purchase completion. Most valid credit and debit cards that are not scheduled to expire in the near future are accepted. Prepaid cards are not accepted. Cards from any digital wallets or microfinance banks are also not accepted. Our Service accepts all Visa and Mastercards, no UnionPay or PayPak cards are accepted.

Once a card is accepted, it is authorized for the Initial Payment. For online orders, this is not be charged until the Merchant confirms the order, but your card issuer may restrict access to the authorized amount while pending the transaction.

Please note that card authorization for any transaction is not limited to the discretion of BaadMay, if your card is denied Service, You will be alerted on the payment screen. You may contact BaadMay Customer Support at [email protected] for more. In most cases, your card issuer/bank will be able to assist you for issues experienced on your card.

4.7.3 Payment Schedule and Due Date
When you elect to use this payment option, we will present you with the applicable payment terms, including:

The amount of your Initial Payment.
The amount of each subsequent Instalment Payment.

Upon order confirmation from the Merchant, your Initial Payment will be charged. Two (2) subsequent payments for the installment will be due every month after the first payment is charged to your card, each of which will be charged automatically to your card on the Due Date.

If you are purchasing multiple items via BaadMay, your Merchant may not charge for your entire order at the same time. In that case, a separate Pay in 3 installments plan order will be created for each merchant charge. Each of these will then have its own Due Dates, and it is likely that all orders may not be confirmed on the same day, causing the difference. If a shipment is involved from multiple locations or at various time slots, there may be separate plans and a new charge for each shipment.

Installments can be paid at any time before the Due Date and the Customer is not charged extra for early repayment. For order cancelation, returns, exchanges, and other modifications, contact the Merchant.

By using our Service as a payment option at the checkout page, you authorize Us to charge the eligible card you selected and provided to us at checkout (or later provide to us) over time in the number of payments that you have selected at checkout. The payment date, and amount of each Installment we will charge, will be shown to You before the purchase is completed.

You authorize Us to:
(1) charge your selected card for the amount of your down payment on or after the date of this agreement;
(2) charge your selected card in the amount of each installment on each installment Due Date;
(3) charge your selected card for the total sale price less any installments you have already paid (a) in an event of default (subject to any notice and rights you may have by law) or (b) if you cancel this agreement after the time permitted by this agreement; and
(4) charge your selected card as necessary to correct any errors, until the entire amount due under this Agreement is paid.
If an automatic charge fails, you are required to otherwise make the scheduled payment on or before the relevant Due Date.

4.7.4 Late Payment
If we are unable to charge your selected payment method for the amount due on your Due Date, you will be notified so you can update your payment method or ensure sufficient funds are available on your selected payment method. It is important that you ensure enough funds are available to complete your payment on the Due Date.

If transactions fail even after the Due Date has passed, the Customer account cannot be used to make further purchases until previous dues are paid. To settle payment issues, Customers may reach out to Customer Support if they face difficulty in clearing payments on their own. Due course of action will be taken from BaadMay for recovery and services of both the Customer and their referrer may be affected in case of default.

4.7.5 Cancelation, Returns, and Refunds
All payments for installments relevant to any disputes filed with the respective Merchant, payments must still be cleared, until the decision of the dispute is issued by the Merchant. Then in accordance with the decision issued, BaadMay shall take any required action accordingly.

4.7.6 Default
You will be in default if you: (a) fail to make any payment by Due Date after if any slack period(s) that may be considered end; (b) become the subject of insolvency or bankruptcy proceedings; (c) supply false, misleading, or incorrect information to us; or (d) violate or are unwilling to comply with any provision of the Payment Terms.

If you are in default BaadMay reserves the right to: (a) charge the outstanding balance, (b) employ a debt collection agency to receive payment and you will have to pay all reasonable costs (including attorney’s fees) incurred by BaadMay and/or the debt collection agency, and (c) report default information to credit bureaus and refuse further service.

Subject to applicable law, which may require that We notify and/or give You a right to cure your default, We may declare you in default for any of the following reasons: (1) you fail to pay any Installment by the due date, and after any applicable grace period; (2) you violate any promise you make to us which significantly impairs your ability to pay or our ability to collect the amounts due under this Agreement; (3) you revoke your consent to electronic communications; or (4) you die or become legally incompetent. If you are in default, we can require you to pay the remaining amount you owe us at once, subject to any right you may have to notice of default and to cure such default.We may seek payment of this amount by charging your credit or debit card pursuant to any pre-authorization you provided us under this Agreement.

4.7.7 Hardship and Grievance Redressal Mechanism
If you are unable to pay us on time and you find yourself in financial hardship, please contact us at [email protected] for further assistance. BaadMay has implemented a grievance redressal mechanism which may be revised from time to time. The grievance redressal mechanism includes:
a. Complaint Registration: Same working day
b. Acknowledgment: Within 1-2 hours
c. Investigation/Resolution: 1-3 working days
d. Feedback: After resolution

4.7.8 Dealing with our rights and obligations
We may assign or novate to any person or entity or otherwise deal in any manner with any of our rights, remedies, powers, duties, obligations, or interests under this agreement and you consent to us assigning or novating this agreement, in particular, where we novate this agreement you consent to the assumption of liabilities under this agreement by the relevant new party and the release of obligations under this agreement of BaadMay.

4.7.9 Storing Card Details
As a part of our Terms of Use, You expressly authorize BaadMay’s partner, Checkout.com, to store Your card details in their system, subject to their own Terms of Use and Privacy Policy which You are advised to familiarize Yourself with, to authorize future charges associated with payment or recurring purchases made by You under Our Payment Terms. Checkout.com is a payment platform that securely processes transactions against Your card, in accordance with PCI/DSS compliance guidelines. This allows BaadMay and Your card issuer to securely process transactions against Your provided card information, encrypted to prevent complete or partial disclosure to any entity, allowing for safe processing of Your transaction. By accepting these Terms of Use and Privacy Policy, you consent to BaadMay’s system storing the name of Your card issuer, the last 4 digits of Your card, and Your card expiry date, which may be used for identification and credit assessment purposes. Your card data is encrypted and tokenized, to allow secure processing.

Transactions processed via BaadMay against Your card will only be initiated via i) User-initiated purchases; ii) BaadMay initiating automatic payments for Your recurring installments (as specified in Our Payment Terms, for which Your consent is sought at the time of purchase); and iii) BaadMay initiating refunds to Your card as per agreed-upon refund processing with Your and the Merchant’s consent.

BaadMay does not retain your complete card details at any point in time and all details secured with Checkout.com are encrypted to ensure maximum security of Your card information and to prevent any and all fraudulent activities. For user protection purposes, both Checkout.com and Your card issuer retain the right to flag any transaction as fraudulent. To maintain Your safety and security, BaadMay shall not process any such transaction if Your card issuer does not acknowledge it as a reliable transaction.

If Your card details change between Your initial purchase and final payment, You agree to notify BaadMay of Your updated card information. If with reference to any case, BaadMay obtains updated card information from the card issuer, You agree that we may use this updated information in Our system.

* Please note that, depending on the nature of the issue reported, reasonable extensions to resolution time may be applied. Upon such delays, the customer shall be intimated via call/email/SMS.

4.7.10 Debit Card Transactions
If you use a debit card, you authorize BaadMay to initiate preauthorized transfers from the related account, the amount of which is determined and disclosed during the creation of Your order. You agree all future payments are automatically processed via BaadMay. You also agree this applies in case you have filed for a dispute with the Merchant, all payments are to be cleared as per the schedule until any decision regarding the filed dispute is issued by the Merchant, then any further action will be taken accordingly. Your final payment schedule is available on the BaadMay App, once the merchant confirms your order. If you would like to cancel preauthorized transfers from your account you may change your payment card or contact your financial institution. You agree these terms will serve as your copy of your authorization for BaadMay to initiate preauthorized transfers.

If We have any reason to suspect fraudulent activity is associated with your Account, the Company reserves the right to delay or withhold payment. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process.

4.7.11 Use of your Personal Information
BaadMay collects, handles, uses, stores and discloses your information in order to carry out our obligations under these Terms of Use and for the additional purposes set out in our Privacy Policy. All information it collects and holds about you is handled in accordance with its Terms of Use and Privacy Policy, available on Our website. Your personal information may be used for identification, and customer analysis related to credit-score calculations and KYC. Information may be used for developing statistics to aid BaadMay in marketing and business development, however, all Users shall remain anonymous in this process. Our Privacy Policy contains additional information and details about Our handling of Your personal information, including Your rights in regards to Your personal information, how You may contact us with questions about privacy or make a complaint about privacy, and what to do if You are not satisfied with the outcome.

4.7.12 Musawamah Terms

• You can request the Company to purchase specified items for them by placing an order through Our app. All purchases made through our app are considered under the ownership of the Company (BaadMay) till it’s sold to the user.
• Upon receipt of requisition, the Company will make payment to the vendor directly and once delivered, sell the same to the user at an agreed price (Musawamah Basis).
• The Company will communicate sale terms to the user such as number of installment, total sale price and description of goods etc. via an Email/SMS/App notification. The title of Goods (ownership) shall stand transferred to the user after acceptance by him/her.
• You hereby irrevocably and unconditionally undertake that You shall immediately procure the Goods as soon as offered by the company.

4.7.13 Wakalah Terms

• You are hereby appointed as an agent of the Company to purchase and take possession of purchased goods at the time of delivery on the behalf of the Company.
• You understand and affirm that as the goods purchased through Our app belong to the Company, Goods shall not be consumed till the exchange of offer & acceptance between the Company and him/her.

4.7.14 General Terms
As You select the purchased items relying solely on Your own skill and judgment, it is expressly agreed between You and the Company that these items shall be accepted on an “as is where is basis” without responsibility on the part of the Company for any defect therein.

4.8 Promotions

Any Promotions hosted on the Service may be governed by rules separate from these Terms, and may likely be impacted by the terms applicable through the Merchant.

Participation in any Promotions is contingent upon claiming responsibility to review the rules specified for that as well as Our Privacy policy. In case of a conflict of rules as stated in a Promotion versus these Terms, that of the Promotion will apply.

4.9 After-Sales Service

The products sold through this Service that do not bear the trade name of BaadMay are products for which services are provided and supported by Merchants, their manufacturers or their local agents only, as well as their suppliers, in accordance with the terms and conditions associated with each product. Nor does BaadMay give any warranty of any kind for the products sold on the Website. For this reason, please contact merchants when you need technical support, customer service, or after-sales service regarding their products.

5. Verification and Privacy

You agree to provide any information or documentation reasonably requested by us to verify your identity in connection with your BaadMay Account or any use of BaadMay Services, and you authorize us to make, directly or through third parties, any inquiries we consider necessary to verify your identity. BaadMay reserves the right to close, suspend or limit access to the Services in the event we are unable to obtain or verify any of this information to our satisfaction.

Your privacy is our utmost priority, please review our Privacy Policy, which explains the data we collect and its reasons. The personal information/data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use our Services.

6. Consent to Electronic Communication

By making use of Our Service or contacting Our Customer Support in any form, You initiate electronic communication with us. To make use of Our Service, You will be required to create an Account and provide a valid phone number while placing an Order with us. We may communicate with You through the information You share with us including but not limited to e-mail, SMS, phone call, or by any other mode of communication we choose to employ. Additionally, by posting notices on the Site, or notifying You on Your linked mobile devices. For contractual purposes, You consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to Your use of the website (and/or placement of Your Order) and agree to treat all modes of communication with the same importance at times between 7 am and 10 pm.

7. Intellectual Property

Protected by copyright, trademark, and other laws of both Pakistan and foreign countries, BaadMay’s Service and its original content (excluding any User Content), features, and functionality are and remain the exclusive property of BaadMay and its licensors. None of which, including trademarks and trade dress may be used in connection with any other Product or service without the prior written consent of the Company.

8. Your Feedback to Us

With any feedback submitted to the Company (on [email protected] ) by You, rights, title, and interest in any Feedback You provide are assigned. In any case and if for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without any restrictions.

9. Links to Other Websites

Our Service may contain links to third-party websites and/or services not owned by, controlled by, or affiliated with the Company. We possess no control over any of these entities and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

By agreeing to these Terms You acknowledge and agree that the Company bears no responsibility or liability, in any direct or indirect capacity, for any damages, losses caused or alleged to be caused, by or in connection with the use of or reliance upon any such content, goods, or services available on or through any such websites or services. We strongly encourage and advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

With reference to Products featured on BaadMay, our Merchants’ terms of conditions and privacy policy bear responsibility for the items You may place Orders for or be interested in potentially Ordering. BaadMay’s Terms and Privacy Policy regarding the transactions carried out by You through our Service apply in conjecture with those of the Merchants. However, the domain of authorized engagement with any matters regarding the Products themselves rests directly and primarily with the Merchants. BaadMay may assist You in communication with the specific entity but bears no responsibility regarding the decisions, policies, and terms that apply to them.

10. Termination

Breach of any of these Terms by You or any other reason may result in termination if Your Account or suspension of the Services offered to You. BaadMay reserves the right to do so without any prior notice or liability. Upon termination or any similar action taken against You by the Company, Your right to use the Service will cease immediately. If You intend to terminate Your Account, You may discontinue using the Service or contact Customer Support regarding procedural termination of Your Account.

BaadMay has enabled an automatic user-logoff functionality after an idle time period of 50 minutes. You will be automatically logged out from your Account after this time period. If Your period of inactivity on Our App extends for 7 days, Your Account will be locked. To regain access to Your Account, You will be required to resubmit all log-in credentials along with a fresh OTP (One-time password) We will send to your registered email/SMS.

11. Limitation of Liability

Permitted by applicable law, to the maximum extent, in no event shall the Company or its suppliers bear liability for any special, incidental, indirect, or consequential damages whatsoever. This includes, but is not limited to, damages for loss of profits or data or any other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms. This applies even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

BaadMay is an independent platform, and does not participate in transactions between customers, merchants, sellers or other related dealings. Therefore BaadMay is not in any way responsible for any situation related to Merchants and is not responsible for any failure related to the Merchants' products or product model, mark, reliability, adequacy, originality, availability or legality.

Third-party merchants are considered independent of this agreement and are independent service providers who are only contracting with BaadMay, and they may not be considered employees of BaadMay, or its representatives or agents. Also, BaadMay does not perform the tasks herself, but rather manages the process of executing the tasks through its electronic platform, by providing a communication process between the customer and the merchant. Merchants are fully responsible for all dealings that take place between them and customers or other related dealings, and in the event of a dispute between any of the participants in such transactions, each of the customers, users and merchants undertake to release BaadMay from any liability arising from or related to any disputes between any parties in any way. The undertaking to release BaadMay (and its agents and employees) from claims, demands, liabilities and indemnities of any kind or nature, known or unknown, disclosed or undisclosed, arising out of or in any way related to such disputes.

By agreeing to this agreement, you acknowledge your knowledge and understanding of the possibility of risks arising from merchants or errors from them or from third party service providers. Therefore the use of the services is the responsibility of the customer and according to his decision, and BaadMay does not bear any responsibility towards it.

BaadMay shall not be liable to you or to any other person for any direct, indirect, incidental, special, penal, punitive or consequential damages that may arise, even if BaadMay has been informed of the possibility of such damages, and BaadMay shall not be liable for any damages, obligations or losses that you incur, arising from your use of or reliance on the Services, or as a result of your inability to access or use the Services, or from any transaction or relationship that arose between you and any merchant, and even if BaadMay indicated the possibility of such damages occurrence. BaadMay is also not responsible for any delay or failure in implementation, nor will it be held responsible in the event that the merchant may not have a professional or specialized permit to operate.

The services are provided as offered and as available, and BaadMay is exempted and even disclaimed from all representations and warranties, express, implied, or statutory that are not expressly stated in these conditions, including the implied warranties regarding the seller’s ability and suitability of his services for a particular purpose and non-violation of them, BaadMay does not make any representation or warranty about the reliability, quality, sustainability, availability or original owner of the services or goods or any services ordered through the use of BaadMay's services, nor does BaadMay guarantee that the services will be uninterrupted or error-free. To the fullest extent permitted by applicable law, you hereby acknowledge and agree that you assume all liability arising from your use of any of the services offered by BaadMay.

BaadMay shall not be liable for any delay, interruption or failure in the provision of the Services, if caused by a force majeure event or similar event beyond our control or control that would prevent or impede the provision of the Service.

The information on the website is provided for general purposes only. As for the information provided by BaadMay, we make every effort to keep the information up-to-date and correct, but we do not make any representations or warranties of any kind, whether in oral or implied, in terms of the completeness, accuracy, reliability, suitability or availability of the Website, information, services or related advertisements or graphics contained on the Website for any purpose, and therefore your reliance on such information is at your own private risk completely.

12. Governing Law

The rights and obligations of the parties stipulated in the terms and conditions of this Agreement shall be governed by and interpreted in accordance with the provisions of the laws of Pakistan.

By agreeing to this Agreement, you undertake to submit unconditionally to the exclusive jurisdiction of the courts of Pakistan for any dispute arising out of or related to the Agreement and any of these terms and conditions, and you also acknowledge and undertake to waive your right to take any legal actions anywhere else.

13. Indemnification

You hereby acknowledge and agree to indemnify and hold BaadMay and any of its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, expenses or expenses, including without limitation, legal and accounting fees arising out of or in any way related to the following:
(a) Your access to, use of, or inability to use BaadMay's Account or BaadMay Payment Services;
(b) Your negligence or misconduct;
(c) Your violation of any applicable law;
(d) Your failure to provide and maintain true, accurate, current and complete information in connection with your BaadMay account; and/or
(e) Any loss or damage accrued due to any network disruption occurring
at the cellular service provider end.

You acknowledge and agree to indemnify and ward off damage from BaadMay, its affiliate entities, sponsors, partners, directorate, liability, employees and reimbursement of all losses to her/them as well as the value of damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including any expenses, legal fees, investigation costs, and attorneys’ fees). In case BaadMay suffers any damages caused by you or if it arises or is related to your breach of the Agreement, these Terms and Conditions, the Privacy Policy or your or third party (by you) use of the Services.

14. Disputes Resolution

If You have any concern or dispute about our Service, You agree to first try to communicate Your concerns to the Company, primarily by reaching out to our Customer Service to resolve the dispute informally.

Any dispute, controversy, disagreement, difference or question whatsoever which may arise between the Parties including the interpretation of right and liabilities of either Party the same shall be resolved through arbitration to be conducted in accordance with the Arbitration Act, 1940 and any applicable rules made thereunder. The arbitration shall be conducted by a sole arbitrator to be mutually arbitrated to be mutually decided between the parties. The seat of the arbitration shall be at Islamabad, Pakistan, or such other city within Pakistan as BaadMay may consider appropriate. The decision of such arbitrator shall be final and binding on the Parties hereto.

Neither Party shall be entitled to commence or maintain an action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as herein before provided and then only for the enforcement of the arbitration award or such matter as is permitted by law.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. Waiver

Under the Terms of this contract, by accessing or using Our Service and agreeing to Terms of Use, You are bound to the Terms stated. In case of any violation of the Terms documented here, whether We take any action or not against You remains governed by Our discretion. However, in the case that a violation of Terms takes place and no associated action is taken by Us against it, We remain entitled to use Our rights and remedies. A waiver of the breach or violations does not constitute a waiver of any subsequent breach.

17. Standards, Compliance and Regulation

Keeping up with international standards of the BNPL industry, and locally governing laws, BaadMay is regulated by the Securities and Exchange Commission of Pakistan (SECP) and is PCI compliant. We have controls in place to monitor the security of the App and the convenience and performance of the Service, Our responsibilities towards users and liabilities towards our Merchants. Furthermore, unidentified new network connections and connections from unsecured networks shall be notified to You.

18. Pledge

This provision constitutes notice to you that we have pledged all of our rights, title and interest in and under these Terms and Conditions, including our right to any amount payable by you pursuant to these Terms and Conditions. We will remain entitled to exercise all our rights, powers, discretions and remedies under these Terms and Conditions, and you should continue to pay any amount payable by you pursuant to, and give notices under, these Terms and Conditions to us, unless and until you receive written notice to the contrary. In this event, all the rights, powers, discretions and remedies will be exercisable, and notices must be given, in accordance with that notice. By agreeing to these Terms and Conditions, you acknowledge and accept the terms of this clause.

The agreement and all its terms and conditions represent the entire agreement and what has been agreed and understood between you and BaadMay. It also includes any update that may occur to it from time to time and what is published about it on our website. This agreement cancels and copies any of the foregoing from other agreements of any kind.

These Terms and Conditions constitute a notice to you that all rights, interests, and property of BaadMay have been clarified, including the right to deduct any amount payable by you in accordance with these Terms and Conditions. BaadMay will continue to be eligible to exercise all its rights, discretion, and remedies under these Terms and Conditions.

19. License and Service Access

BaadMay grants you a limited license to access and make personal use of the our Service via Our Mobile Application and Web Checkout, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BaadMay and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this Mobile Application and Web Checkout or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. This Mobile Application and Web Checkout or any portion of this Mobile Application and Web Checkout (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of BaadMay and / or its affiliates, as may be applicable. Any unauthorized use of the Mobile Application and Web Checkout shall terminate the permission or license granted by BaadMay.

20. Monitoring

BaadMay has the right and liberty to monitor the content of the Mobile Application and Web Checkout at all times which shall include information provided in your account. The monitoring of the Mobile Application and Web Checkout is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Terms and Conditions mentioned herein BaadMay shall also have the liberty to remove any objectionable content which is in contravention of the Terms and Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in Pakistan.

21. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is made, We will make reasonable efforts to provide an appropriate notice period prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective and notice has been provided by Us to You thereof, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

22. Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

• By visiting: baadmay.com/help
• By sending us an email at: [email protected]