Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Payer E-Commerce Platform including its website, mobile application or any such other platform introduced from time to time (collectively referred to as “Payer E-Commerce Platform” or “Platform”). By accessing or using the Platform or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the platform and immediately terminate your use of the services.
1. Your Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being an individual customer, user or beneficiary of this service of at least 18 years of age and Payer Private Limited (“Payer”) having its registered office at H. Mehelige ¾, 1st Floor, Kurangi Goalhi, Malè, Maldives. All Services are rendered by Payer through its platform under the brand name “Payer” and hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Payer (together with its subsidiaries and other affiliates where applicable, “us”, “We” or “Payer”), regarding your use of our Payer E-Commerce Platform’s services to purchase any goods displayed or procure any service offered (collectively referred to as “Products”) and such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as the case may be).
Our Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. Payer reserves the right, at its sole discretion, to revise, amend, add or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Payer. By accepting these Terms & Conditions or by otherwise using the Services or the Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
3. Payer’s Service
It is hereby understood and accepted by you that we are a reseller only. In case for services offered within the Payer E-Commerce Platform, Payer is not the original service provider and is solely an authorized reseller of such service by relevant service providers which may include, but not be limited to, telecommunications service providers, Cable TV service providers, Insurance Companies, Utility Services or any such service provider who provide such service to its customers the consideration for such being settled on a periodic basis. In case for goods displayed on Payer E-Commerce Platform, it is hereby understood and agreed by you that Payer is only a reseller reselling the goods as offered to Payer buy the original merchant and any warrantees, offers, promotions, discounts or any such benefits attached with the good is displayed as it is sold by the original merchant and Payer’s commitment and obligations with respect to such good shall not, at any point of time, exceed beyond that of the original merchant who is offering the good on Payer E-Commerce Platform.
Payer offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account. From time to time, Payer, at its sole discretion, can add to or remove methods of payment offered within the Payer E-Commerce Platform that can be used to purchase Products listed in the Platform.
As for Products displayed within the Payer E-Commerce Platform, it is hereby understood and agreed by you that Payer is not a warrantor, insurer, or guarantor of the products. Products sold to you through the Payer E-Commerce platform is sold without recourse against us for any breach of contract by the Merchant who is actually selling the product. Any disputes regarding the quality, cost, validity, or other terms attached with the Product purchased must be handled directly between you and the Merchant.
4. Use of Payer E-Commerce Platform
- 4.1In order to use the Payer E-Commerce Platform or any Service offered therein, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
- 4.1Payer reserves the right to charge and recover from the User, fees for availing the Services from the Payer E-Commerce Platform. These charges shall be effective from the time they are posted on to the Payer Website. You are bound by such revisions and should therefore visit the Payer Website to review the current fees from time to time.
5. End User Obligations
By using the Payer E-Commerce Platform, you agree to:
- 5.1Provide true, accurate, current and complete information about yourself (“Registration Information”), your Payment Account details (“Payment Information”) and any other such information that maybe required from you; and
- 5.2Maintain and promptly update the Registration Information, Payment Information and any such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Payer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Payer has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also undertake that any information provided by you to Payer will considered to be true and accurate information and you hereby agree that Payer shall have the absolute right to hold you responsible for any losses, damages or liabilities incurred whether direct or foreseeable with respect to Payer’s reliance on such information provided by you.
- 5.3Payer assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date made by you owing to any one or more of the following circumstances:
- If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and/or delayed.
- If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s).
- If the funds available in the Payment Account are under any encumbrance or charge.
- If payment is not processed by Payer.
- Circumstances beyond the control of Payer (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
In case a payment made by you is not effected for any reason, you will be intimated about the failed payment by an e-mail.
6. Communication Policy
- 6.1By accepting the terms and conditions the customer accepts that Payer may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that except for mandatory notices and alerts, any other alerts which may include offers and promotions will only be sent if you have subscribed for such alerts.
- 6.2You, as a customer, hereby acknowledge that any SMS Alert service provided by Payer is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Payer shall be immediately informed about the same by the customer and Payer will make best possible efforts to rectify the error as early as possible. The customer shall not hold Payer liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
7. Prohibited Conduct
By using the Payer E-Commerce Platform, you hereby agree not to:
- 7.1Use the Payer E-Commerce Platform for any other purpose than to purchase Products sold in the Platform in accordance with these Terms and Conditions and any other such Guidelines published by Payer from time to time.
- 7.2Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Platform, perform any other similar fraudulent activity or otherwise purchase products from funds which we reasonably believe to be potentially obtained through fraudulent means.
- 7.3Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.
- 7.4Use the Services if you are under the age of eighteen (18) without parental guidance or in any event use the Services if you are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law.
- 7.5Post or transmit any message which is—
- libelous, defamatory or which discloses private or personal matters concerning any person;
- is pornographic in nature;
- against applicable laws;
- political in nature and promotes a specific political party or an ideology or any political message;
- 7.6Refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to Payer.
- 7.7Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Payer E-Commerce Platform or features that enforce limitations on the use of the Services of the Platform.
- 7.8Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- 7.9Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.
- 7.10Modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- 7.11Intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
- 7.12Use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
- 7.13Interfere or disrupt Payer E-Commerce Platform or networks connected to the platform.
- 7.14Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network.
- 7.15Use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services.
- 7.16Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our platform.
- 7.17Sell the Services, information, or software associated with or derived from the Platform
- 7.18Use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
- 7.19Act in Breach of this Agreement or any other Payer agreement or policy
- 7.20Provide false, inaccurate or misleading information
- 7.21Use the Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Platform
- 7.22Conduct transactions with what Payer reasonably believes to be potentially fraudulent funds
- 7.23Use the Services in a manner that results in or may result in complaints, disputes, reversals, charge backs, fees, fines, penalties and other liability to Payer, a third party or you.
- 7.24Use the Services in a manner that Payer or any Payment Gateway Network reasonably believe to be an abuse of the payment gateway or a violation of payment gateway rules
- 7.25Take any action that may cause Payer to lose any of the Services from its Merchants
- 7.26Send automated request of any kind to the Payer E-Commerce Platform without express permission in advance from Payer.
You agree that Payer, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Payer E-Commerce Platform and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Payer may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Payer will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Payer may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
9. Limitation of Liability and Damages
In no event will Payer or its merchants, contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the Payer E-Commerce Platform or any supplementary service, or (iii) your use or inability to use the services, the Payer E-Commerce Platform (including any and all materials) or any supplementary service, even if Payer or a Payer authorized representative has been advised of the possibility of such damages. In no event will Payer or any of its merchants, contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Payer E-Commerce Platform or any supplementary service, or (iv) any other interactions with Payer, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Payer E-Commerce Platform giving rise to the cause of action or Five Thousand Maldivian Rufiyaa (MVR 5000), whichever is less. You acknowledge and agree that Payer has offered its products, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Payer, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Payer. Payer would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Payer’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Payer, its merchants, affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Payer E-Commerce Platform, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Payer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Payer, including rights to settle, and you agree to cooperate with Payer’s defense and settlement of these claims. Payer will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
11. Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Payer and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Payer or through the services or the Payer E-Commerce Platform will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Payer” includes Payer’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. We do not warrant that our service will be uninterrupted or error-free or that defects in the Payer E-Commerce Platform will be corrected. The services and the Payer E-Commerce Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the Payer E-Commerce Platform are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Payer, and its third party suppliers, licensors, and partners do not warrant that the data, Payer software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Payer and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the Payer E-Commerce Platform or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the Payer E-Commerce Platform or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Payer be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Payer E-Commerce Platform.
12. Ownership; Proprietary Rights
The Services and the Payer E-Commerce Platform are owned and operated by Payer Private Limited. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Payer E-Commerce Platform provided by Payer (the “Materials”) are protected by Maldivian copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Payer, all Materials, trademarks, service marks, and trade names contained on the Payer E-Commerce Platform are the property of Payer. You agree not to remove, obscure, or alter Payer or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Payer, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Payer reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Payer E-Commerce Platform or ideas on how to improve it, please contact Payer. Please note that by doing so, you hereby irrevocably assign to Payer, and shall assign to Payer, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
13. Modification of this Agreement
Payer reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Payer E-Commerce Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Payer may be required under applicable law to give you advance notice, and Payer will comply with such requirements where applicable.
Payer may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Payer must be sent by courier or registered mail to H. Mehelige ¾, 1st Floor, Kurangi Goalhi, Malè, Maldives.
The failure of Payer to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Payer.
16. Governing Law and Forum for Disputes
Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against Payer must be resolved by a competent court of law located in Male’, Republic of Maldives. You agree to submit to the personal jurisdiction of the courts located within Male’, Republic of Maldives for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of Republic of Maldives, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
21. Entire Agreement
This is the entire agreement between you and Payer relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Payer in accordance with the terms of this Agreement.
For more information about our terms & conditions, if you have questions, or if you would like to make a complaint, please contact us by email at [email protected] or by mail using the details provided below:
Payer Private Limited
H.Mehelige 3/4, 1st Floor,
Male', 20026, Maldives.
Last updated on 20 October 2018