The Terms of Use shall be effective from 25th January 2023 The Terms of Use [“the Agreement”] is a contract between you and PayMate Payment Services Provider LLC to govern your use of all PayMate Services in United Arab Emirates. Using the PayMate Services means that you have expressly accepted and agreed to all of the terms and conditions contained in this Agreement including the Privacy Policy. The below mentioned terms and conditions read with the payment terms as determined with PayMate team and the privacy policy governs the relationship between you and PayMate Payment Services Provider LLC [“PayMate”]. This Agreement together with any other agreement you may enter into with Paymate relating to your use of the PayMate Service will be regarded as part and parcel of this agreement and shall be read together for all purposes.
You are hence requested to read and understand the following terms and conditions, carefully, before registering on, accessing, browsing, downloading or using our website located at www.paymate.ae or through any mobile application or API or any similar platform (hereinafter referred to as “PayMate Platform”) owned, managed and controlled by PayMate having its principal place of business at Office 23 and 24, One tower, Sheikh Zayed Road, Barsha Heights- Tecom, Dubai, United Arab Emirates, on any such device and/or before availing any services offered by PayMate on or through this PayMate Platform.
The user shall opt for the services through the PayMate platform, only when he accepts to abide by all of the Terms and Conditions hereinafter contained.
The access to and use of this PayMate platform is subject to the following terms and conditions of use. The words, “he”, "his", "You", “User” refer to the person(s) who opens the account and shall include both singular and plural. Reference to masculine shall include the feminine and third gender. The terms may be accepted by individuals or entities/non-individuals such as corporates, private limited companies, public limited companies, trusts, association of persons, public sector undertakings, non-government organisations, partnership firms etc. and the terms within the document need to be construed accordingly irrespective of the usage therein. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, modifications amendments, re-enactments or replacements as may be applicable, for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.
The user shall comply with all such terms and conditions as PayMate may prescribe from time to time with regard to the Services provided by it. All Transactions effected by or through this PayMate platform, shall constitute legally binding and valid transactions between the User and PayMate.
These terms and conditions as accepted by user shall be read along with and in addition to any terms and conditions in force from time to time and issued if any issued by any Service Provider, relating to the usage of this PayMate Platform They will also be read in conjunction with the Privacy policy
This is an important document which you must read, review and consider carefully when choosing whether to use the PayMate Services. Please note the following before using the PayMate Services:
PayMate reserves the right to change or modify the Content, or information appearing on or in connection with this PayMate platform, including these Terms at any time without prior written notice to the User. PayMate may at any time revise this Agreement by updating this posting. The User is bound by such revisions and should therefore do visit these pages to review the current Agreement from time to time. All future Changes shall be notified once you log in into your account and please ensure to read and keep updated of the terms and conditions from time to time. By continuing to access the PayMate Platform or use the Services on or after the Effective Date of the revised Agreement, the User agrees to have read, understood and also be bound by the revised Terms.
PayMate is a Business to Business digital payment solution provider/facilitator and acts as such by creating, hosting, maintaining and providing our PayMate Services to you via its PayMate platform. Our services provide you an online secured platform to settle your legitimate business transactions through the PayMate platform.
PayMate is not in any remittance business or a money transfer service and the Personal Payments feature from person to person is prohibited from been used while you remit funds to third parties.
We do not have any control over, and are not responsible or liable for, the products or services in respect of the business transactions facilitated through our PayMate Services. We don’t guarantee the completion of the transaction or the identity of your contracting party.
PayMate is not a common carrier or public utility. We do not:
• Act as your agent or trustee;
• Enter into a partnership, joint venture, agency or employment relationship with you;
2.1. For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Article.
means any bank or financial institution that processes credit card payments of the Buyer
Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software program to communicate with each other.
shall mean any person [an individual resident in UAE and/or a company/partnership firm/sole proprietor/ or entity registered in UAE] who/which is registered on the PayMate platform for using this PayMate platform and/or who/ which subscribes for the Services through this PayMate platform to make payments to the user or to make any settlement and with whom Paymate has executed a valid agreement. The term "Buyer" shall also cover such personnel of any Buyer who are duly authorized to avail of the Services on behalf of the Buyer.
mean any services or products which are purchased/ offered for sale by a User to third parties from time to time, Products shall not include those banned products and services that are listed in Annexure A.
shall mean any person [an individual resident in UAE and/or a company/partnership firm/sole proprietor/ or entity registered in UAE ] who/which is registered on the PayMate platform for using this PayMate platform and/or who/ which subscribes for the Services through this PayMate platform to receive payments from the user. The term "Seller" shall also cover such personnel of any Seller who are duly authorized to avail of the Services on behalf of the Seller.
means the service provided by PayMate and Service Providers, if any, to user, whereby a User can make settlements of legitimate business transactions which will include Value Added Tax (VAT) Payments or any other taxes applicable under UAE Federal Law that may be offered for payment by PayMate on the PayMate Platform.
means a bank, association, facility provider, card issuing institution, acquirer, other financial institution, card processor, clearing house networks or any such payers or service providers, that PayMate may engage with from time to time to provide the services.
means such bank account maintained by PayMate as may be applicable from time to time.
means a payment instruction that results in the successful transfer of monies or settlement (a) from a Buyer to a User; or (b) from a User to a Seller as applicable.
means the total amount receivable by a User/Seller as applicable. This amount shall include all applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges etc.
shall mean any person [ individual resident in UAE and/or a company/partnership firm/sole proprietor/ or entity registered in UAE ] who/which is registered on the PayMate platform for using this PayMate platform and/or who/ which subscribes for the Services through this PayMate platform to make settlements of legitimate business transactions. The term "User" shall also cover such personnel of any User who are duly authorized to avail of the Services on behalf of the User
To be eligible to use the PayMate Services, you must be (a) an entity eligible and registered to carry out business or operate in UAE; or (b) an individual who is at least 18 years old and a resident of UAE .The PayMate platform and Services are intended solely for persons who are 18 years of age or higher based on the age of majority in UAE jurisdiction and legally competent to contract and anyone who is not previously suspended or removed by PayMate from availing the PayMate Services or accessing the PayMate Platform. Any access to or use of the PayMate platform or Services by anyone under 18 is expressly prohibited. By using the PayMate platform or Services User represents and warrants that he is 18 or older and is competent to contract. Parties involved in the business transactions also confirm and declare that they are competent to contract. Parties involved in the business transactions represent and warrant that they have full power and authority for using the Services and is in strict compliance of all laws as applicable from time to time. Finally, Parties involved in the business transactions also represent not to impersonate any person or entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or entity.
To continue to be eligible to use the PayMate account, the User hereby expressly covenants that the PayMate platform shall be used exclusively for genuine and bonafide business transactions and is not utilised for a person to person digital transfer or for the purpose of any illegal or anti-money laundering activity and you must be the beneficial owner of the Account, and conduct business only on behalf of yourself.
In order to avail the Services, User must be registered with PayMate, if required. User shall provide PayMate with all such documents as may be required by PayMate. By registering with PayMate, User agrees to provide true, accurate, current and complete information, failing which PayMate may at any time reject User’s registration and terminate his right to use or access the PayMate platform and/or Services. When User registers on the PayMate, a User Account will be created, that is associated with User’s User name, password and other identifying information. User shall be responsible for anything that happens through his User Account. By registering with PayMate, User expressly consents to the terms and conditions, payment terms and Privacy Policy. If the User does not feel comfortable with any part of our Terms of Service, he must not use or access the Service. The User expressly undertakes to keep his account information current and valid and in case of any change in information provided, update his account immediately.
The user hereby understands and agrees that if he does not receive an electronic communication sent by PayMate due to an incorrect, or blocked email address or any other reason that makes the user unable to receive electronic communications, PayMate will be deemed to have provided the communication to the user effectively. Please note that if the User uses a spam filter that blocks or re-routes emails from senders not listed in his email address book, the User must add PayMate to his email address book so that he will be able to view the Communications that PayMate sends to you.
The User can update his primary email address or business address at any time by logging into the PayMate website. If his email address becomes invalid such that electronic Communications sent to him by PayMate are returned, PayMate may deem that the User Account to be inactive, and User will not be able to transact any activity using PayMate Account until we receive a valid, working primary email address from the User. In the event of any action/notice by any law enforcement agency or conviction by a court of law, the User shall undertake to forthwith without any delay inform PayMate about the same and keep PayMate updated.
The User will be required to submit the following information while registering:
The User is responsible to keep his primary email address up to date so that PayMate can communicate with him electronically. The User authorises PayMate directly or through third parties, to make any inquiries as PayMate consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the User for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof.
Identity Verification. The User hereby expressly authorises PayMate, directly or through third parties, including banks, service providers and acquirers to make any inquiries as PayMate may consider necessary to validate the User’s identity. This may include asking the User for further information or documentation, requiring the User to provide a taxpayer or national identification number, requiring him to take steps to confirm ownership of his email address or financial instruments, ordering a credit report or verifying his Information against third party databases or through other sources. The User hereby expressly also confirms and agrees that such Know Your Customer process shall also apply to his Buyer/Seller and he ensures that such consent for identity verification is obtained for the same from the Buyer/Seller . Such KYC for Buyer/Seller will require physical verification and the User expressly agrees to provide PayMate the permission and authority letter to conduct the physical KYC for Buyer/Seller.
The User hereby authorizes PayMate, directly or through third parties, to make any inquiries PayMate may consider necessary to verify the User’s identity. This may include:
Anti-money laundering and counter-terrorism financing laws requires that PayMate verify the required identifying information. PayMate reserves the right to close, suspend, or limit access to his PayMate account and/or the PayMate services in the event that, after reasonable enquiries, PayMate is unable to obtain information about the User required to verify his identity.
The Services may be used exclusively by the User for making legitimate business transactions including tax payments.
To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or notified email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information and changes entered into the mobile/ e mail/web account using such login credentials. For use of services provided by PayMate, the User hereby shall make payment to PayMate as may be discussed and agreed with PayMate sales team.
PayMate has no obligation to verify the authenticity of the Transaction once the transaction is generated through a valid login and authenticated through a password. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. PayMate shall not be liable for any mistake or misuse of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User. User agrees that PayMate accepts all instructions originating from his Account in good faith and that they are genuine and are normal business transaction and, in a manner, consistent with commercially reasonable security standards. User shall indemnify and hold PayMate safe and harmless for direct or indirect losses resulted as a result of the disclosure of sensitive information by or through User or for any loss or damage caused to PayMate, its officers and employees or the acquirer for any breach of the terms of use/privacy policy/payment terms by the User or for any Intellectual Property infringement claim brought by third party or for any other loss or damage due to security breach more particularly dealt with in clause 12 relating to Indemnity and Breach.
In case of tax payment, PayMate will send the notification via email once the VAT is processed & settled successfully in the Federal Tax Authority (FDA)-UAE account. Additionally, VAT registered users can login and check their VAT related transactions/pending taxes/etc. on the FTA website.
a) Every User is responsible to (i) furnish to PayMate forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction which is in dispute and PayMate is joined in as a party; (ii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products and rendering of Services and agrees to furnish immediately copies of such licenses on request by PayMate.
b) User shall not (i) carry out any activity, which is banned, illegal or immoral, (ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause PayMate to be subject to investigation, prosecution or legal action.
c) User undertakes and assures to PayMate that payments shall not be received in respect of any Products mentioned in the banned items list set out in Annexure A whether directly or indirectly through the buyer or transaction whether directly or indirectly through the buyer in countries mentioned in Annexure B.
d) User undertakes and assures and that payments are received in under valid business contract with the buyer.
e) User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time.
f) A User shall not at any time require any other User or any other person to provide him with any details of the accounts held by the other Users with any Banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Banks from time to time.
g) A User shall use the information regarding a payee/ payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Buyer/ Seller.
h) A User shall inform PayMate of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change.
i) User shall not interfere with or damage the PayMate platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
j) As a condition of use of the Services, the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or violate the T&Cs. PayMate reserves the right to suspend the User’s PayMate account or restrict use of services or any such other action as PayMate may deem fit [including but not restricted to such legal recourses as may be available], without any prior notice to the User.
k) PayMate has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available [including but not restricted to indemnify and keep PayMate and its officers, affiliates from any such losses or damages as PayMate may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that PayMate may suffer on account of such violation, without prior notice to the User.
(l) Every User availing VAT payment service on PayMate Platform shall ensure that: i) valid GIBAN details and accurate amounts are mentioned on the PayMate Platform; (ii) losses that may incur due to providing of incorrect GIBAN or incorrect amounts while making VAT payments, User shall be held solely and exclusively responsible in such instances.
(m) PayMate will assist the authorities in charge of VAT and other taxes in UAE in case of any investigation or audits as per the laws of UAE.
Transaction Fees: The acquirer will authenticate, authorize, and process the payment instructions given by the payer in respect of a Transaction upon fulfilment of valid criteria as set forth by the acquirer from time to time and accordingly transfer such approved Transaction Amount from the payer’s account to the settlement account maintained by PayMate.
In consideration of the Services rendered by PayMate to the User, the User/Seller shall pay to PayMate a Transaction Fee as may be agreed with PayMate.
PayMate shall deduct its Transaction Fees plus VAT on the transaction fees for every successful Transaction and make payment of the balance of the Transaction Amount to User/ Seller’s designated bank account. All other taxes, duties or charges shall be borne and paid by User/seller, unless otherwise agreed between the Parties. PayMate reserves the right to alter / modify / change the discount / commission or transaction fee payable at its discretion at any time without notice to the User.
It is hereby agreed and acknowledged by the User that the transaction fees charged by PayMate in respect of a Transaction that has been settled or completed shall not be returned or repaid by PayMate to the User or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.
a) PayMate will not be responsible for any disputes between the Users/Sellers, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the Products, quality of Products or services or otherwise. All such disputes will be dealt with by and between the User and the Buyer/ Seller directly, and PayMate shall not be a party to such disputes.
b) PayMate cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon Buyer’s bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other Service Providers. PayMate assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.
c) PayMate is not a party the contract between the User and any Buyer in respect of the purchase of good/services rendered by the User
d) User shall be responsible for any miscommunication or incorrect User/ third party/ other information that may be provided to PayMate at the time of enabling the Services for the User.
a) The User will not hold PayMate liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access or through any other platform. PayMate will also not be liable for any direct or indirect consequences connected with the use/ misuse of User’s web/ mobile/ e mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify PayMate against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
b) Without prejudice to the remedies available to PayMate and these Terms, PayMate shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
If either PayMate or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with PayMate or any act of dishonesty or fraud against PayMate/ any Service Provider, PayMate shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the PayMate platform or the Services; pending enquiries by PayMate. User may cancel his User Account at any time by sending PayMate’s an email to that effect.
In case if the User carries on transaction with any of the prohibited countries whether directly or indirectly laid down in Annexure B, his account will be terminated.
User shall keep PayMate and the Acquirer safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against PayMate by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products purchased sold or services rendered; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits(vi) or any actions or inactions of any third party to whom you grant permissions to use your PayMate account or access our websites, software, systems (including any networks and servers used to provide any of the PayMate services) operated by us or on our behalf, or any of the PayMate services on your behalf.
PayMate or the acquirer or any other bank or service provider or credit card provider shall not be responsible for any dispute between you and Buyer/Seller or for any chargeback, refund or for any collusion between the you and your Buyer/Seller.
User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the PayMate platform or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If the User is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, he agrees to forthwith and diligently notify PayMate and cooperate fully with PayMate in protecting such information to the extent possible under applicable law. PayMate may access, preserve and disclose any of the User’s information if required to do so by law, or PayMate believes in good faith that it is reasonably necessary to (i) respond to claims asserted against PayMate or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of PayMate, its Users or members of the public. Please refer to our Privacy Policy for further details.
The PayMate platform content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to PayMate, subject to copyright and other intellectual property rights under the law and international conventions. Such PayMate platform content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of PayMate.
User understands that his access to the PayMate platform will result in the collection, use and storage of his information which is subject to PayMate's Privacy Policy. Through his access of the PayMate platform User consents to the collection, use and storage of such information, which will be held by PayMate and may be processed and stored by Service Providers. For an explanation of PayMate’s practices and policies related to the collection, use, and storage of Users’ information, please read our Privacy Policy.
THE CONTENT AND FUNCTIONALITY ON THE PAYMATE PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT PAYMATE IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. PAYMATE IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS. ALL CONTENT AND FUNCTIONALITY ON THE PAYMATE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAYMATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE PAYMATE PLATFORM OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS PAYMATE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
PAYMATE DONOT WARRANT TO THE USER THAT:-
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH PAYMATE’S SERVICES OR ANY DATA/CONTENT. PAYMATE DOES NOT WARRANT THAT PRODUCTS/SERVICES OR ANY CONTENT/DATA WILL BE PROVIDED UNINTERRUPTED OR FREE FROM ERRORS OR THAT ANY IDENTIFIED DEFECT WILL BE IMMEDIATELY CORRECTED. FURTHER, NO WARRANTY IS GIVEN THAT PRODUCTS/SERVICES OR ANY DATA/CONTENT ARE FREE FROM ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. BANK PROVIDE THE PRODUCTS/SERVICES AN "AS IS", "WHERE IS", "WITH ALL FAULTS" BASIS.
USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS PAYMATE PLATFORM AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL PAYMATE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PAYMATE PLATFORM OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PAYMATE PLATFORM, EVEN IF PAYMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
PayMate’s liability is limited with respect to your PayMate account and your use of the PayMate services. In no event shall PayMate be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the PayMate services) operated by us or on our behalf, any of the PayMate services, or this User agreement (however arising, including negligence), unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to UAE 1000 Dirhams or amount paid by the User whichever is less. In addition, to the extent permitted by applicable law, PayMate is not liable, and you agree not to hold PayMate responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the PayMate services) operated by us or on our behalf, or any of the PayMate services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the PayMate services) operated by us or on our behalf and any of the PayMate services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the PayMate services) operated by us or on our behalf or any of the PayMate services or any website or service linked to our websites, software or any of the PayMate services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the PayMate services) operated by us or on our behalf or any of the PayMate services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your PayMate account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User agreement or PayMate’s policies.
PayMate is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). PayMate policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using PayMate’s services. PayMate has robust policies and procedures to detect, prevent and report suspicious activity. To comply with AML requirements in UAE and other global sanctions, PayMate whether directly or through a third party shall screens the User accounts against government watch lists and monitor for suspicious transaction and User agrees and consents to the said screening. In addition, Paymate may request the User to provide with additional documentation to help prove his identity or for business verification purposes. Paymate shall report suspicious transactions as it deems fit.
1. Unless otherwise set out, all payments may only be made in UAE Dirham
2. PayMate shall not make any refunds of any amounts other than as agreed by these Terms.
3. The User hereby accepts that he may, from time to time, receive from PayMate or its associates, communications such as service announcements, advertisements or administrative communications.
4. PayMate’s sole obligation and User’s sole and exclusive remedy in the event of interruption to the Payment Services or loss of use and/or access to the Payment Services, shall be to use all reasonable endeavors to restore the Payment Services as soon as reasonably possible.
5. In no event shall PayMate or a Service Provider be liable to a User or any other third party for any applicable taxes and government levies.
6. In no event will PayMate’s total liability to User for all liabilities, losses, damages and causes of action arising out of or relating to these terms and conditions; or the User’s use of the PayMate platform; however, caused, exceed the amount paid by User, if any, for utilising the PayMate platform or UAE 1000 Dirhams in aggregate, at all times whichever is lesser.
7. Any link on the PayMate platform to a third-party site is not an endorsement of that third-party site or platform. The use or browsing by a User of any other PayMate platform shall be subject to the terms and conditions in each such PayMate platform.
8. PayMate does not endorse any advertiser or merchant linked to its PayMate platform. In case of any such endorsement, the User must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any Product.
9. The User’s participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these Terms.
10. PayMate shall not be liable for any unauthorised access to the User’s data or any unauthorized transmissions sent through the PayMate Services.
11. PayMate shall have the right, at its sole discretion, to:
12. The User shall not (whether on-line or otherwise) describe itself as agent or representative of PayMate or make any representations to any customer or any third party or give any warranties which may require PayMate or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.
13. PayMate shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of PayMate.
14. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
15. PayMate may assign or transfer its rights and obligations to any other party.
16. In case of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court in Mumbai shall have exclusive jurisdiction.
17. No failure or delay by PayMate in exercising any right, power or privilege shall operate as a waiver thereof.
18. All claims, matters and disputes are subject to the sole and exclusive jurisdiction of the competent courts in UAE.
For any queries / details Users can contact:
PayMate Payment Services Provider LLC at Office 23 and 24, One tower, Sheikh Zayed Road, Barsha Heights- Tecom, Dubai, United Arab Emirates
Or
Write to us at info@paymate.ae
Recourses available to PayMate in case you contravene the provisions of Annexure A.
In additions to other recourses available to PayMate under clause 11 for breach of this Agreement by the User, if we believe that you’ve engaged in any of the activities laid down in Annexure A we may take a number of actions to protect PayMate, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:
If we close your PayMate account or terminate your use of the PayMate services for any reason, we’ll provide you with notice of our actions
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by PayMate, any PayMate customer, or a third party caused by or arising out of your breach.
IF YOUR TRANSACTION CONNECT TO ANY OF THE COUNTRIES BELOW DIRECTLY OR INDIRECTLY YOUR ACCOUNT WILL BE TERMINATED.
PayMate Services are provided by PayMate Payment Services Provider LLC. Users are requested to read terms and conditions carefully.