Term of use
Welcome to QuickPay (hereinafter referred to as the “Company”) and QuickPay mobile app (hereinafter referred to as the “App” and the website and app shall collectively be referred to as “QuickPay” or “our platform” or “We” or “Us” or “Our”). The website and app are offered to users (hereinafter referred to as “You” or “Your”) conditioned on users’ acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
By using our platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the website/app and Services and constitute a binding legal agreement between you and us.
IN USING OUR PLATFORM, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE OUR PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING OUR PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1.1 The official language of these terms shall be English.
1.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
1.3 In case there exists a machine-readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
2.2 “QuickPay” means and includes our website and app which provides an online platform offering the services on our platform via their smart phones and all other services provided by us.
2.3 “Services” mean and include Fund transfer, Mobile Reload, Shopping, Telco, Virtual Card, and bill Pay.
2.3 “Users” mean the individuals who register on our platform/download our app to avail our services via their smart phones.
2.4 “Account” means the account which Users must create on our platform to use the services provided by our platform (website and/or app).
2.5 “Content” means text, graphics, images, music, software, audio, video, information, or other materials.
2.6 “User Content” means all content that a user submits or transmits to be made available through our platform.
2.7 “Our Platform Content” shall mean all Content that our website/app makes available through the website/app or Services including any Content licensed from a third party but excluding user Content.
2.8 “Collective Content” means User Content and our platform content.
3.1 You may use the Service e) only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
3.2 Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our platform reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us unless we provide such Users with specific written authorization to re-use the Service.
3.3 If you use our platform on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
3.4 You must not be a competitor of our platform or use our Service for reasons that are in competition with us or otherwise to replicate some or all the Service for any reason.
4.1 It is mandatory for the users to create an account on our platform (either on our website or app) to use our services.
4.2 In order to create an account and register with us you shall either create an account with us. In future, we may allow you to register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or LinkedIn accounts or Google accounts (each such account, a “Third-Party Account”) for which a notification will be sent to you by us as and when we provide this feature to you
4.3 You agree to provide and maintain accurate, current, and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com
4.6 You may not transfer or sell your QuickPay (website/app) account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
4.7 Our Services are not available to temporarily or indefinitely suspended Users. Our platform reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
4.8 You can own more than one account on our platform provided you own more than one legal mobile number as the user Id shall be your mobile number.
4.9 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s/app’s policies as stated in the Agreement and all other policies listed on our platform and all other operating rules, policies and procedures that may be published from time to time on our platform by Company.
5.1 Our platform provides online payment facilitation services which shall take place only through our app.
5.2 Through our app, aggregate payment gateway services, we facilitate you in making payments to our registered billers/merchants (“Merchants”) for paying utility bills and/or getting recharges done from the merchants registered on our platform by using our ewallet or cash cards or e-vouchers made available to you by us.
5.3 We are only acting as an intermediary and all the above-mentioned transactions are between the Merchants/Billers and you are only.
5.4 We only facilitate the collection of payments from you and facilitate the settlement of such payments to the respective Merchant/Biller.
5.5 We only offer you an online secure platform where you can keep/store your money and use it for recharges and bill payments.
- NO LIABILITY:
6.1 Use of our Services may be available through a compatible mobile device or other device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications or internet service provider.
6.2 We do not make any warranties or representations of any kind, express, statutory, or implied as to:
(i) the availability of telecommunication and / or internet services from your provider and access to the services at any time or from any location.
(ii) any loss, damage, or other security intrusion of the telecommunication and / or internet services; and
(iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
6.3 The use of a device such as mobiles, tablets and laptops involve risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge. Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring because of such risks.
- CONFIRMATION OF TRANSACTIONS VIA OUR PLATFORM:
7.1 When your payment instructions are successfully processed with respect to a transaction, we will update your QuickPay Account activity and provide you with a transaction confirmation. This confirmation will serve as your receipt.
7.2 We shall not be responsible for any transactions that have not been confirmed to us.
7.3 We shall make available the summary of your transaction history on your QuickPay Account. Except as required by law, you are solely responsible for the following: –
(a) Compiling and retaining permanent records of all transactions and other data and
(b) Reconciling all transaction information that is associated with your QuickPay Account. If you believe that there is an error or unauthorized Transaction activity that is associated with your QuickPay Account.
- REDEMPTION OF COUPONS:
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective issuer of the coupon. Coupons are issued on behalf of the respective issuer of coupons. We shall not be held liable for any damages, injuries, losses incurred by the end you by use / non-use of such coupon.
- OFFERS, DISCOUNTS, CASHBACK, USER PROGRAMS:
If you avail any offers, discounts, cashbacks, coupons and your programs, etc. (“Offers”) provided by us or our partner, you are agreeing to comply with and accept the terms and conditions provided in respect of such Offers. Further, you understand that all terms and conditions provided with respect to any Offer shall form part of this Agreement and shall be read in conjunction with this Agreement.
- INTELLECTUAL PROPERTY RIGHTS:
10.1 Our platform, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this platform. Access to this platform does not confer and shall not be considered as conferring upon anyone any license under any of our platform or any third party’s intellectual property rights. All rights, including copyright, in this platform are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our platform. You cannot modify, distribute or re-post anything on this platform for any purpose.
10.2 The platform names and logos and all related service and our slogans are the trademarks or service marks of our Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this platform. Access to this website does not authorize anyone to use any name, logo, or mark in any manner.
10.3 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- REVIEWS, FEEDBACK, SUBMISSIONS:
11.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to us on this website or otherwise disclosed, submitted, or offered in connection with your use of this application and / or website and / or platform (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
Users agree to defend, indemnify and hold harmless our website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
13.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the platform (or any portion of the website/app). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the platform affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the platform, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
13.2 Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend, or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement.
- if you attempt to negotiate the actual price privately, avoiding fees.
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights.
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities.
- you do not respond to account verification requests.
- you do not complete account verification when requested within 3 months of the date of request.
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- RESOLUTION OF DISPUTES AND JURISDICTION:
14.1 In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- DISCLAIMERS AND LIMITATION OF LIABILITY:
15.1 Our platform is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
15.3 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE APP, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE APP; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
15.4 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT app ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- PRIVACY AND SECURITY:
16.2 We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at firstname.lastname@example.org upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the website, your Account, or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.