End customer terms and conditions
Last update: 12 June 2020
These End Customer Terms of Service are a legal agreement between Intelligent Financial Technologies. (“ Safepay”, “we” or “us”) and you, the user of the Safepay Checkout service (“you”).
By using the Safepay Checkout service to pay a merchant (a " Merchant"), you agree to be bound by these terms and conditions.
Safepay provides payments technology that makes it easier for Pakistani merchants on the internet to collect payments from individuals like you. Safepay is not a bank or a financial institution, although we have partnered with certain financial institutions to provide the services to both you and the Merchant you are buying goods and/or services from.
2. Your relationship with a Merchant
Using Safepay doesn’t change anything else about your relationship with the Merchant you’re paying or your bank.
By continuing to use Safepay, you agree to the following:
- We are not responsible in any way for the products or services that has been advertised or sold by the Merchant that has been purchased by you using Safepay. You are ultimately responsible for your relationship with the Merchant that you are paying using Safepay.
- We try our best to ensure that all merchants using Safepay are legitimate and have legitimate businesses, however, we do not accept liability or responsibility for the products or services that are sold by a merchant and paid for using Safepay.
- We also cannot accept any responsibility that any transaction you have paid a merchant for using Safepay is completed. Any Merchant you pay using Safepay is responsible for providing you the goods or services that you purchase from them, as well as any support in relation to these. We highly recommend you understand the return, refund and/or exchange policy of any Merchant before proceeding with any transaction using Safepay.
- If you are making a donation using Safepay, we are not responsible for any communications or representations made to you in relation to the use of such donations by the Merchant (or any other organisation).
- We may intervene in disputes between you and a Merchant concerning a payment made using Safepay, but have no obligation to do so.
By using Safepay you represent and warrant that you are at least 18 years of age and that you will not use Safepay for any fraudulent, unlawful or abusive purpose.
Safepay, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through Safepay, are provided “as is.” To the fullest extent permissible by law, Safepay, its affiliates, and their agents, merchants or independent contractors (the “ Disclaiming Entities”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by Safepay, or for any breach of security associated with the transmission of sensitive information through Safepay. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the services, non-infringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The Disclaiming Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.
5. Limitations of Liability; Force Majeure
In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to these End Customer Terms of Service exceed fifteen hundred (1500) Pakistani rupees. Each party acknowledges that the other party has entered into these End Customer Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
6. Governing Law
These End Customer Terms of Service will be governed by the laws of the Islamic Republic of Pakistan.
Safepay’s failure to exercise or enforce any right or provision of the End Customer Terms of Service will not be considered a waiver of that right or provision. If any provision of these End Customer Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these End Customer Terms of Service shall otherwise remain in full force