“Services” means loan services availed by a User from Barwaqt.
Terms and Conditions
These terms and conditions (the “Conditions”) constitute a legally binding agreement (the “Agreement”) between Barwaqt and the User (each as defined below). This Agreement shall become effective upon a User creating a user account on Barwaqt Mobile Application.
A User may not create a user account without accepting and agreeing to be bound by this Agreement. These Conditions shall apply in addition to the “General Terms and Conditions” for operating or creating a User account with Barwaqt.
Acceptance of Terms
All use of Barwaqt services and products, and the terms of access and usage of any Barwaqt Mobile Application are subject to the terms and conditions set forth below. Access to or use of any Barwaqt services or products via Barwaqt Mobile Application constitutes the User’s acceptance of, and agreement to abide and be bound by, these Conditions (whether or not expressly accepted). The User, by creating a user account, signing up for any services or otherwise using or availing any services or products on any Barwaqt Platform, shall be deemed to have read, understood and agreed to be bound by these Conditions.
Barwaqt may amend these Conditions at any time with prior notice by posting the amended terms and conditions on its website or by updating the terms of its mobile application. Such revised or updated terms and conditions shall become effective at the time they are notified or uploaded on the Barwaqt App, provided that failure to make or receive such notification shall not invalidate any such changes. Any update or modification in the terms and conditions will be priorly notify to the user through SMS/Email/In-app notification.
The User shall be required to provide its consent for such revised or updated terms and conditions in order to continue to avail any services or products from Barwaqt.
If the User does not accept or agree to be bound by these Conditions, Barwaqt shall be entitled to: (i) immediately terminate this Agreement, (ii) discontinue or suspend providing you any services, (iii) deny you access to the Barwaqt app; and/or (iv) exercise any other remedy it may deem appropriate. Such termination of this Agreement, discontinuation or suspension of any services or denial of access shall be without prejudice to all rights, titles and interests of Barwaqt which have arisen or accrued against you prior to such action.
In this Agreement, the following capitalized terms shall have the meanings given to them as under (unless the context otherwise requires);
“Applicable Laws” means all statutes, ordinances, regulations, rules or orders of any kind whatsoever of any Governmental or regulatory authority that may be in effect from time to time and applicable to the relevant activities contemplated by this Agreement.
“Due Date” means the date on which any amounts, including any loan, markup charges or other charges, costs, fees, processing fees and expenses, become due and payable by the User to Barwaqt.
“Finance” means any form of finance permitted to be provided by Barwaqt in accordance with the terms of its license and the terms of any Applicable Laws, which may from time to time be made available by Barwaqt via a Barwaqt Mobile Application on such terms and in such amounts as shall be determined by Barwaqt in its absolute discretion after a User makes a formal application.
“Barwaqt” is the business or trade name used by “SeedCred Financial Services Limited”, a non-banking finance company duly licensed by the Securities and Exchange Commission of Pakistan as an investment finance company.
“Barwaqt Mobile Application” means the website, web portal, mobile application or any other user interface through which Seedcred Financial Services may offer Financing or Services to Users.
“General Terms and Conditions” means the terms and conditions for creating, maintaining and utilizing a User account with Barwaqt, as such terms and conditions may be amended or replaced by Barwaqt from time to time with prior notice to existing users.
“Intellectual Property” means patents (including reissues, divisions, continuations and extensions thereof), utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, goodwill, trade secrets or information (including technical or confidential information), in any form, and applications thereof, and shall include without limitation, any inventions, discoveries, formulas, know-how, processes, business methods, patents (including reissues, divisions, continuations and extensions thereof), utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered service marks, trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, source codes, software code (regardless of its form), user documentation, technical documentation, data, carriers of data and/or software, plans, goodwill, trade secrets or information (including technical or confidential information), in any form, improvements and/or applications, and deprecated or future versions thereof.
“Operative Account” means the account maintained by the User with Barwaqt for the purposes of availing any Financing Services.
“User” means any person who has registered and maintains an active user account via any Barwaqt Mobile Application (also referred to as “customer” or “you”).
“Services” means loan services availed by a User from Barwaqt.
“Barwaqt” and the “User” shall together be referred to as the "Parties" and where the context requires individually as a "Party".
User License and Intellectual Property Rights
Any rights not expressly granted herein are reserved by Barwaqt and Barwaqt’s licensors.
The User hereby confirms, agrees and acknowledges that all Intellectual Property rights in the Barwaqt App, including know-how, software, source-code, information technology tools, artificial intelligence, and other technology used by Barwaqt has been developed exclusively for Barwaqt, its parent or affiliated companies or licensors. All rights in such Barwaqt App are expressly reserved.
The User hereby unconditionally and without reservation confirms that all rights, interests, titles and benefits in and to any Intellectual Property which is developed by or for Barwaqt relating to the Barwaqt App, is the sole and exclusive property of the Barwaqt, its affiliates, parents or licensors, who are and shall remain, the sole legal and beneficial owner of such Intellectual Property. The User shall have no rights to such Intellectual Property other than as a licensee with limited rights of use in accordance with these Conditions.
The User may not access, copy, reverse engineer, modify or otherwise seek to replicate or utilize any Barwaqt Mobile Application for any purpose other than to avail any Financing or other Services in accordance with these Terms. A User may not access any Barwaqt software in source-code form.
In order to avail any Finance or Services, or otherwise use any aspect of the Barwaqt App, the User must be at least twenty-one (21) years old.
The User agrees to provide, and to maintain at all times, accurate, complete, and up-to-date information when creating a User account and to ensure that the User’s account remains active. A User’s failure to maintain accurate, complete, and up-to-date User information may result in such User’s account being disabled, suspended or terminated without prior notice. Barwaqt shall be entitled to immediately terminate this Agreement with a User if it considers the User’s account information to be incorrect, incomplete or outdated.
The User agrees that it shall at all times be responsible to maintain the security and secrecy of the User’s account username and password. The User agrees and understands that it is responsible for all activity that occurs under the User’s account, even as a result of loss, damage or theft of the device through which the User accesses the Barwaqt App.
The User agrees that Barwaqt may disclose details relating to Barwaqt including details of default in servicing the Operative Account to any third party (including credit bureaus) for the purpose of evaluating the User's credit worthiness or for any other lawful purpose. The User hereby expressly consents and allows Barwaqt to forward personal data and file credit information to licensed credit bureaus, insurance companies, mobile financial service providers/banks and other partner companies of Barwaqt.
User Requests or Applications
Barwaqt may refuse an application submitted by a User requesting the provision of any Finance (including any roll-over of existing Finances availed by a User) or other Services without assigning any reason. Nothing herein shall entitle or be deemed to grant the User any right, title or interest in or to any Financing Services.
Barwaqt makes no representation and provides no warranty to any User with respect to the continued availability of any Finance or Services provided by Barwaqt. All representations, warranties and other obligations and liabilities, whether express of implied, and whether arising under law, equity, or any other legal doctrine, in connection with the provision of any Finance or Services under these Conditions are hereby excluded and disavowed to the fullest extent permitted by law.
The User represents, warrants, undertakes and covenants with Barwaqt that it shall repay on time, on or no later than the Due Date, all amounts due and payable by such User to Barwaqt in connection with any Finance or Services provided by Barwaqt, or the use of the Barwaqt Mobile Application from time to time.
With respect to a User’s use of the Barwaqt Mobile Application and availing any Financing or Services, the User agrees and undertakes that it will not: (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service) or engage in any other activity which may constitute a crime under the Prevention of Electronic Crimes Act, 2016; (iii) violate any law, statute, rule, permit, ordinance or regulation in Pakistan; (iv) interfere with or disrupt the Services or the Barwaqt Mobile Application or the servers or networks connected to the Barwaqt Platform; (v) post information or interact on the Barwaqt Mobile Application or with respect to any Financing or Services offered by Barwaqt in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, harassing, or illegal; (vi) use the Barwaqt Mobile Application for any illegal activity, including money laundering, terrorist financing or any other criminal or immoral activity; (vii) undertake any act which in any way that infringes any of Barwaqt’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Barwaqt App; (x) “frame” or “mirror” any part of the Barwaqt App, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Barwaqt Mobile Application or any software used on or for the Barwaqt Platform; (xii) rent, lease, lend, sell, redistribute, license or sublicense the Barwaqt Mobile Application or access to any portion of the Barwaqt Platform; (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Barwaqt or its contents; (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your user account, password and/or identification to any other party; (xvi) cause any third party to engage in the restricted activities above.
Finance and Service Charges
The User agrees to pay any and all amounts, including fees, costs, charges, expenses, penalties or processing fees charged by Barwaqt in consideration for providing any Finance or other Services. A general schedule of charges is set out in Annex A (Schedule of Charges) to these Conditions.
The User hereby confirms that it has considered the charges, and other fees of Barwaqt as specified in these Conditions and fully understands that failure to settle any amounts on their Due Date shall result in additional charges, costs, fees, processing fees or penalties under Applicable Law.
In addition to any other charges intimated to a User by Barwaqt or as set out in Annex A (Schedule of Charges), the charges payable by a User in connection any Finance availed shall include:
a. markup charges on any outstanding or rolled over Finance;
b. commitment fees, administrative processing fees, appraisal fees and other costs and charges associated with the provision of any Finance;
c. processing fees payable; and
d. in the event of default, all other costs, fees, charges and expenses incurred by Barwaqt in connection with the recovery of any amounts not paid on their Due Date.
The charges payable by a specific User for availing any Financing or Services shall be intimated to the User via the Barwaqt Mobile Application at the time any Financing or Services are offered to or availed by a User.
The charges payable to Barwaqt shall be intimated to the User via display on the screen of the Barwaqt Mobile Application after the User selects the type of Finance requested. Such charges shall be determined by Barwaqt on the basis of individual risk profile, credit bureau scores, tenor and the amount of the Finance requested, against an application by a User requesting provision of Finance or Services.
All payments to be made by the User to Barwaqt under this Agreement shall be made in full without any set-off or counter claim, free and clear of and without any deduction or withholding whatsoever. If a User is at any time required under Applicable Laws to make any deduction or withholding from any payment to Barwaqt, such User shall immediately pay Barwaqt such additional amounts as will result in Barwaqt receiving the full amount it would have received had no such deduction or withholding been required.
Loan amount disbursed by Barwaqt will be made in full without any deduction or upfront charges.
All payments to be made by a User in connection with these Conditions are calculated without regard to any taxes in connection with the repayment of any Finance or the provision of any Services. If any taxes are payable in connection with repayment of any Finance or the provision of any Services to a User, such User must pay to Barwaqt such additional amount on account of such applicable taxes to enable Barwaqt to pay such taxes to the relevant tax authorities.
The User hereby undertakes and agrees that Barwaqt may at any time block to freeze any amounts held in a User’s Operative Account on the instructions of any tax or other governmental or regulatory authority, or in the event Barwaqt has reasonable grounds to believe that it must block or freeze such funds to comply with Applicable Laws, or if Barwaqt considers that failure to block such amounts in a User’s Operative Account will result in Barwaqt incurring any potential legal liability.
Payment Default or Breach
In the event of a (i) payment default by the User; or (ii) other material breach by the User of any of these Conditions, Barwaqt may in circumstances where the User fails to comply or procure compliance with the terms of a notice served by Barwaqt on the User, immediately cancel the entire amount of any and all Finances made available to such User, and require the immediate repayment in full of the outstanding balance on the Operative Account; whereupon all monies, principal amounts, markup charges, fees, expenses, costs and processing fees, accrued against the User shall become immediately due and payable.
The User shall also be liable to pay (where applicable) all reasonable costs, charges, attorney’s fees and expenses incurred by Barwaqt in enforcing its legal rights and the terms and conditions of this Agreement.
Without prejudice to the aforesaid, failure by the User to comply with these Conditions shall entitle Barwaqt to take any one of more of the following actions:
a. immediate, temporary or permanent withdrawal, suspension or termination of the User’s right to use the Barwaqt App;
b. institution of legal proceedings against the User, including proceedings for recovery and reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
c. disclosure of such information to law enforcement authorities as Barwaqt considers necessary for the protection and enforcement of its legal rights.
Upon the occurrence and during the continuance of any default by the User, Barwaqt is hereby irrevocably and unconditionally authorized by the User at any time and from time to time, without providing any further notice to the User, and to the fullest extent permitted by law, to recover the outstanding amounts through issuing auto debit instructions from any of the User's mobile-wallet account(s) held by Barwaqt, any of its affiliates or any partner bank, without being required to seek any further directions or permission from the User.
Indemnity and Recovery of Costs
The User undertakes to indemnify and hold Barwaqt, its affiliates, partners, directors, employees and agents indemnified at all times against any and all actions, claims, demands, liabilities, losses, damages, costs, charges and expenses of whatever nature inclusive of any legal costs and disbursements arising out of or in connection with the use of the Barwaqt Platform, including in connection with Barwaqt obtaining payment of any monies due and owing from the User.
The indemnity herein shall remain valid, subsisting and binding upon the User notwithstanding termination of this Agreement, and till the time the user/ borrower makes full payment as per their agreement.
Operative Account and Statements
Each User shall be granted an Operative Account wherein all transactions relating to the User, including the provision of Finance or any other Services availed by the User shall be maintained.
Barwaqt shall maintain an account statement and an activity report for a User’s Operative Account, which statement and report will be accessible from the User’s Barwaqt App Account. The statement of account shall contain details of transactions carried out in a User’s Operative Account (up to a maximum limit to be determined by Barwaqt).
Users are responsible for checking their Operative Account statements from time to time and to notify Barwaqt immediately in case any transaction or other entry therein is incorrectly entered or any transaction has been carried out contrary to the User’s instructions.
Barwaqt is hereby expressly authorized to correct any errors, omissions or other discrepancies in a User’s Operative Account statement from time to time. A User will be notified of in case any corrections or rectifications are made by Barwaqt to its Operative Account statement as soon as reasonably practical.
Users will be notified periodically (based on preference chosen by Users) of all transactions made in their Operative Accounts in accordance with the notification provisions set out in these Conditions, and the User shall be responsible for payment of all charges in connection with such value-added Services.
Save for a manifest error, an Operative Account statement maintained and issued by Barwaqt shall be conclusive evidence of all transactions carried out a User through its Operative Account.
Limitation of Liability
In no event shall Barwaqt and/or any of its agents, employees, officers, parent company, affiliates, subsidiaries, successors, assigns, directors, and/or attorneys be liable to the User for lost profits and/or punitive or exemplary incidental consequential, special and/or damages in any action arising out of , related to: (i) this Agreement; (ii) the rights granted hereunder; (iii) any breach, termination, cancellation or non-renewal hereof; (iv) the provision of any Finance or Services to the User or its business; and/or (v) any act, omission, error, mistake and/or other negligence of Barwaqt.
The maximum amount of liability which Barwaqt shall have towards any User shall be limited to the fees, processing fees or other administrative and appraisal charges paid by the User to Barwaqt. In any event, such liability shall not exceed the sum of Rs. 2,500 in aggregate in respect of a User. Barwaqt shall not be liable for any damages caused by failure or delay in providing any Finance or Services, or any periodic or recurring interruption of the same.
Without limiting the foregoing, neither Barwaqt nor any of its affiliates makes any representation or warranty of any kind, express or implied: (i) as to the continued operation or availability of the Finance or Service, or the information, content, and materials or products included thereon; (ii) that the Barwaqt App, or any Financing or Services offered thereunder, will be available uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Barwaqt App; or (iv) that the Barwaqt App, its servers, the content, or e-mails sent from or on behalf of Barwaqt shall be free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Barwaqt may at any time and with notice terminate this Agreement, cancel or suspend any User’s right to utilize Barwaqt App, or to continue to avail any Financing or Services, entirely or partly with or without affecting the User's obligations under this Agreement.
The User may terminate this Agreement at any time by deleting its User account and removing the Barwaqt Mobile Application from its devices.
Any termination of this Agreement shall be without prejudice to any liabilities or obligations incurred by the User prior to the date of termination. Termination by either the User or Barwaqt shall not affect the User's obligations to meet any liabilities incurred prior to such termination.
No termination of this Agreement by the User shall be effective unless the User has repaid the full amount of any Finance, and any other charges, costs, fees, or other amounts due and payable to Barwaqt at the time of termination, and termination of this Agreement by shall only be effective upon the discharge of all the outstanding liabilities under these Conditions from the User to Barwaqt. This condition will continue until the User has repaid all amounts outstanding at the time of termination.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in all respects under the laws of Islamic Republic of Pakistan.
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 arbitrator to be mutually decided between the parties. The seat of the arbitration shall be at Islamabad, Pakistan, or such other city within Pakistan as Barwaqt may consider appropriate. The decision of such arbitrator shall be final and binding on the Parties hereto.
In case of any dispute, the User must first submit any such complaints directly to the customer services desk, whose details are available on the Barwaqt website or the Barwaqt Mobile Application.
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.
The User may not assign or otherwise dispose of any of the User's rights and obligations, in whole or in part, under this Agreement without Barwaqt’s prior approval. Barwaqt may transfer or assign its rights and obligations under this Agreement and such transfer or assignment shall be effective upon notification of the same to the User.
Nothing herein shall create any joint venture, partnership, employment or agency relationship between any User and Barwaqt.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement and shall be deleted, while the remainder of this Agreement’s legality, validity and enforceability of the other provisions shall remain in full force and effect according to its terms.
Notices and Change of Address
All notices to the User made under these Conditions shall be sent by short message system (SMS) to the mobile telephone number provided by the User or by prepaid post to the last known postal address of the User, each or either of which will be discharge Barwaqt of its notification obligations hereunder. In addition, any change to these Conditions or the General Terms and Conditions shall be deemed to have been notified to the User upon being updated on the Barwaqt Mobile Application or website.
The User shall regularly update their address in the profile page of the Barwaqt Mobile App or get it updated by calling the Barwaqt Customer Support Center.