Acceptable use policy

Effective date: 12 June 2020

Safepay has been developed to help increase digital payment technology adoption in Pakistan. We are flexible as to the types of businesses that can use Safepay, however, we are also responsible for maintaining confidence in online payments. We're aware that an overwhelming majority of our customers play by the rules but it takes one bad actor to compromise the availability of Safepay to hundreds of merchants across Pakistan.

By registering with us, you are confirming that you will not use the Services to accept payments in connection with the following businesses, business activities, or business practices, unless you have received prior written approval from Safepay.

A. Introduction

B. Restricted Activities

C. Certain Business Categories

D. Actions by Safepay

E. Updates to this Acceptable Use Policy

F. Definitions

A. Introduction

By accessing or using Safepay, you agree to comply with the terms and conditions of this acceptable use policy (referred to as the "Acceptable Use Policy" in this document and elsewhere). This Acceptable Use Policy should be read together with our Terms of Use and Service that you legally enter into by creating a Safepay Account.

Terms that are capitalised in this Acceptable Use Policy have the meaning provided to them in the Definitions section at the end of this Agreement.

Failing to comply with this Acceptable Use Policy means that we can suspend or terminate your Safepay Accounts pursuant to our Terms of Use and Service. 

B. Restricted Activities

You may not use Safepay in connection with any product, service, transaction or activity that:

1. violates any law or government regulation, or promotes or facilitates such by third parties;
2. violates any rule or regulation of our Acquiring Bank or a Network;
3. is fraudulent, deceptive, unfair or predatory;
4. causes or threatens reputational damage to us, our Acquiring Bank or any Network;
5. involves any of the business categories listed in Section C below; or
6. results in or creates a significant risk of Chargebacks, penalties, damages or other harm or liability.

C. Certain Business Categories

You may not use Safepay in connection with any product, service, transaction or activity that:

1. is restricted or characterised as being prohibited or unlawful by any governmental authority in the Islamic Republic of Pakistan.

2. relates to the sale and/or purchase of:

a. banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety;

b. blood, bodily fluids or body parts;

c. burglary tools;

d. counterfeit items;

e. illegal drugs and drug paraphernalia;

f. fireworks, destructive devices and explosives;

g. identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);

h. lottery tickets, sweepstakes entries or slot machines without the required license;

i. offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;

j. police badges or uniforms;

k. chemicals;

l. recalled items;

m. prohibited services;

n. unlicensed financial services, stocks or other securities;

o. stolen property;

p. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;

q. sales of currency without a license, certain cryptocurrency operators;

r. obscene material or pornography;

s. certain sexually oriented materials or services; 

t. firearms, firearm parts or accessories, ammunition, weapons or knives; or

u. any product or service that is illegal or marketed or sold in such a way as to create liability to Safepay.

D. Actions by Safepay

If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Safepay and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

1. Blocking the settlement or completion of one or more payments as allowed to us under Clause 7 of our Terms of Use and Service; 
2. Suspending your Safepay Accounts as allowed to us under Clause 14 of our Terms of Use and Service;
3. Terminating your Safepay Accounts as allowed to us under Clause 15 of our Terms of Use and Service;
4. Taking legal action against you;
5. Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; 
6. Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

E. Updates to this Acceptable Use Policy

1. Each Acquiring Bank and/or Network has its own rules, regulations and guidelines. You are required to comply with all applicable Network that are applicable to merchants. Each Acquiring Bank and/or Network reserves the right to amend the Network Rules. We will inform you if these impact you.
2. We may need to update, modify or amend the Agreements. We reserve the right to make changes to any of the Agreements by giving Notice in accordance with our Terms of Use and Service.
3. We advise that you check the Agreements often, referring to the date of the last modification on the page. If you object to any of the changes to the Agreements or think that your use of the Services violates this Acceptable Use Policy, you must cease using the Websites and/or Services immediately.

F. Definitions

Acquiring Bank means any bank(s), financial institution(s) or other partner(s) (as may change from time to time) that have a relationship with any Network through which we are able to make the Services available to you. Where the singular term “Acquiring Bank” is used, this refers to any and all entities through which we are able to access any and all Networks.

Customer means any person (natural or legal) that attempts to and/or uses the Services to pay you in connection with a Transaction. 

Funds means the gross amount you charge a Customer in connection with a Transaction that are processed using the Services.

Network means Visa, Mastercard, UnionPay or any other organisation through which we make the Services available to you and collect the Funds from a Customer.

Safepay Accounts means all accounts that you have open with us if you have more than one Safepay Account with us.

Services means payment facilitation, processing and/or other business services that may be offered by us to you. 

Transaction means any particular purchase, sale, donation, order, or other transaction that takes place as part of your business or any other activities.

Sandbox Website means our sandbox website (currently accessible at www.api.sandbox.getsafepay.com), or under any other URL in the future.

Website means the Sandbox Website and Production Website.

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