User Terms & Conditions
This document is an electronic record in terms of Qanon-e-Shahdat and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions under this agreement ("User Terms") apply on the usage of our website www.qisstpay.com ("Website"), Service and to all information, recommendations and/or services provided to you on or through the Website and/or through the Customer Care ("CC") at QisstPay.com.
The terms and conditions mentioned in this contract along with the Privacy Policy constitute the entire contract between the User (as defined below) and QisstPay (as defined below) with respect to access to and use of the website and the Services offered by QisstPay, superseding any prior written or oral contracts in relation to the same subject matter herein.
The term "You / Your" refers to the User of Service, Website and the CC.
QisstPay BNPL is a Non-Banking Finance company registered under the Companies Act, 2017 having its registered office at 1st floor, UBL Tower, Blue Area, Islamabad, Pakistan, Pakistan (hereinafter referred to as "QisstPay").
QisstPay is a registered trademark of Dev 5 Private Limited.
Definitions
"Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question in Pakistan;
"Service" shall mean technology platform provided by QisstPay that allows Merchants to offer a Buy Now Pay Later experience to eligible Users including a tab offered by the Merchants to the Users;
"Products" shall mean goods and /or services offered by or through the Merchants on Merchant's shop, website, e-commerce website and mobile based application;
"User" shall mean any individual or entity as approved by QisstPay;
CONSENT
By clicking on the tab/button/ checkbox of "QisstPay" or "QisstPay Buy" or "Order with QisstPay" or "QisstPay Pay in x amount" or any other button/checkbox of similar nature, (i) you confirm that eligible under Applicable Law to contract with QisstPay, (ii) you consent to conduct transactions, accept the terms and conditions of this Agreement and the Privacy Policy as displayed on the Website and (iii) you consent to receive communications, notices and information from us through post or other physical medium or electronically (whether through SMS, emails, phone calls and automated phone calls). Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by You during the sign-up process as per our records, or when we post the electronic communication on the Website.
By using our digital lending services, you consent to the collection, processing, and use of your personal information in accordance with our privacy policy. We will obtain your explicit consent before collecting, processing, and using your sensitive personal information.
SERVICES
QisstPay offers a technology platform on www.qisstpay.com and at merchant shop, website and mobile based application.
QisstPay's technology platform enables Users to avail a the service of Buy Now Pay Later at shops, websites and mobile applications ("Merchant") for transactions made with or through such Merchant.
Qisstpay also offers digital lending services to eligible borrowers. By using QisstPay digital lending services, you agree to the terms and conditions of the loan agreement, including the repayment terms and interest rates. QisstPay’s digital lending services are subject to the terms and conditions set forth in the loan agreement.
GENERAL
QisstPay shall procure reasonable efforts to facilitate your transaction with a Merchant in order to obtain Products, subject to the availability of Products with the Merchant.
By using the Website, Service and/or the CC you hereby acknowledge that QisstPay is not a Merchant. QisstPay only facilitates the provision of a Buy Now Pay Later experience by the Merchant.
For the avoidance of any doubt, QisstPay itself does not provide Products and QisstPay is not a provider of Products. It is up to the Merchant to offer Products, which may be requested through the Merchant’s shop, website or mobile application. The provision of the Products by the Merchant to you and any liability therefrom is therefore subject to the agreement (to be) entered into between you and the Merchant. QisstPay is not privy to such agreement.
QisstPay does not at any point of time during any transaction between User and Merchant, take the ownership of any of Products nor does it at any point assert any rights or claims over the Products offered by Merchant to User.
For enabling the Service, QisstPay may partner with one or more banks, financial institutions or other entities ("Partner").
QisstPay shall collect and hold all documents, writings, agreements, cheques, drafts, other instruments received from the Users including without limitation, post dated cheques, Pay Orders, demand promissory notes, correspondence and records relating to the payments for the Products, in trust and as agent for the Merchant, as the case may be.
QisstPay shall maintain necessary records in respect of the transactions entered into by the User with the Merchants and amounts due in respect of Products and the User agrees to sharing of such records by QisstPay with the Partner or the Merchant in order to facilitate the Service. The User agrees that such records as maintained by QisstPay shall be sufficient proof of the transactions entered into between the User and Merchants and the amounts due thereto, which the User shall not dispute.
QisstPay reserves the right to change the nature of Services from time to time without any prior notice.
User acknowledges and agrees that QisstPay may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at QisstPay’s sole discretion, without prior notice to you. You may stop using the Services at any time, provided that amounts that are due from you to QisstPay under the User terms shall be discharged by you. You do not need to specifically inform QisstPay when you stop using the Services.
The User acknowledges that each transaction shall be assessed by QisstPay in accordance with its own internal standards for processing of such transactions and QisstPay shall have the right to deny the processing of any transaction at its sole discretion.
ELIGIBILITY
Users as approved by QisstPay, shall have the right to use the Service provided by QisstPay.
The Service is available only to User who can form legally binding contracts under the Applicable Law.
User must not be a minor as per Applicable Law i.e. User must be at least 18 years of age to be eligible to use our Service.
QisstPay advises its Users that while accessing the Website, Service or CC, they must follow and abide by the Applicable Laws. QisstPay at all the times reserves the right to deny the Service.
ACCOUNTS, OFFERS AND PROMOTIONS
QisstPay collects general user data including name, CNIC, email-id, address, contact details etc. to facilitate Services by creating an account of the User on the Website in accordance with Applicable Laws. QisstPay also collects relevant user data from the Merchants to facilitate the Service efficiently. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and QisstPay reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any.
It is assumed that all information provided by the User for signing up on the Website is correct, accurate and up to date. QisstPay can verify the information that User have provided and choose to refuse the Service or use of the Website without providing reasons. Also, QisstPay reserves the right to terminate its Services on account of misuse and misrepresentation of any information provided by the User will lead to automated termination of Service without any prior notice to such User.
User account bearing details provided by the User are created and owned by QisstPay. Any promotional discounts, offers and reward points accumulated or likes of such provided by the Merchants can be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to QisstPay, the account shall be indefinitely suspended. QisstPay reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.
USAGE CONDITIONS
Users agree to use the Services only for purposes that are permitted by a) the User Terms and b) any Applicable Laws as amended from time to time for the time being in force.
By using the Website You agree not to:
- authorize others to use your account;
- assign or otherwise transfer Your account to any third person or legal entity;
- use the Service or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- use the Service or Website to cause nuisance, annoyance or inconvenience;
- use the Service or Website with an incompatible or unauthorized device
- impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Website or Service;
- reverse engineer or access the Service or Website in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Website or copy any ideas, features, functions or graphics of the Website,
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Service;
- try to harm the Service or Website in any way whatsoever;
- disclose information designated as confidential by QisstPay, without QisstPay’s prior written consent
- copy or distribute the Service or Website or other QisstPay content without written permission from QisstPay.
You are solely responsible for any breach of your obligations under this agreement (including financial obligations) and for the consequences (including any loss or damage which QisstPay may suffer) of any such breach.
PAYMENT AND FEES
- While using the Service, the User by clicking on the “QisstPay Checkout” button or any other similar button as provided under the Service on Merchant’s shop, website, e-commerce website and mobile based application, shall have effected a transaction whereby the User agrees that the amounts due under such transaction may be recovered by QisstPay on behalf of the Merchant by QisstPay. The User shall not contest to right of QisstPay to recover such amounts on behalf of the Merchant. Upon payment of such amounts to QisstPay, the User shall not have any liability to the Merchant in respect of such amounts paid to QisstPay.
- User shall make payments for the purchases made via Service in the following manner chosen by the user when selecting the service.
- QisstPay or its representatives may notify (including by means of post, emails, SMS, phone calls, automated phone calls) the User at any time (including on and after the due dates of payment) regarding the details of payments due. User agrees to the sufficiency of such notification and agrees to make the payments due forthwith upon such notification.
- Users shall be entitled to make payments for the Products purchased through different payment options like debit card, credit card, digital wallets etc. Acceptance of recurring transactions shall be made if required.
- The User shall be notified of the due date of payments as per the provisions of this Agreement.
- In the event of User not being provided notice of non-payment of due for reasons attributable to the User or the User not adhering to the provisions of this agreement, QisstPay shall (i) impose a fine of up to Rs 5000 (Rupees Five Thousand Only) + applicable taxes (GST, etc.) per billing cycle on the User; (ii) be entitled to gather information in accordance with Applicable Law from third parties in respect of the User for the purpose of collection of amounts due from the User; (iii) be entitled to engage third party collection agencies for the purpose of collection of amounts due from the User and (iv) be entitled to report any information relating to non-payment of amounts due from the User to credit bureaus or any other person having the authority to collect such information in accordance with Applicable Law. QisstPay reserves the right to vary such fine or impose any other fine in addition to or in replacement thereof.
- If the User does not pay the amounts due for a period of 30 days from the date such amounts are due, QisstPay may suspend the usage of the account of the User at its discretion and notify the Merchants regarding such suspension of User’s account. User agrees to sharing of such information by QisstPay to the Merchants. QisstPay may revoke such suspension upon imposing any additional terms and conditions on the User and such additional terms and conditions shall be deemed to constitute a part of the User Terms.
- QisstPay reserves the rights to proceed against You in any manner as QisstPay may deem fit (including but not limited to any court process in a jurisdiction of QisstPay’s choice) as per Applicable Law in relation to any amount due to any Merchants.
- We charge fees for our digital lending services, including interest charges and any fees related to late payments or prepayment. All charges related to our digital lending services are disclosed in the loan agreement.
QisstPay reserves the right to immediately terminate the Service and the use of the Website should you not comply with any of the above rules.
CUSTOMER BEHAVIOR
It is expected that a reasonable behaviour shall be followed by the Users while utilizing the Services offered by the Website and/or CC.
All the calls made to the QisstPay’s CC are recorded by QisstPay for quality and training purposes.
REPRESENTATION AND WARRANTIES
Without prejudice to the above, QisstPay makes no representation or warranty that:
- The Services will meet the User’s requirements.
- The Services will be uninterrupted, timely or error free.
AMENDMENTS
QisstPay reserves the right to add, vary or amend any or all these terms and conditions at any time without prior notice and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these User Terms at QisstPay's website at www.qisstpay.com on the date that QisstPay may indicate that such addition, variation or amendment is to come into effect. QisstPay also reserves the right to freely transfer or assign its rights and obligations vis-à-vis the user under these User Terms (including the transfer or assignment of the account of the User maintained with QisstPay and the provision of Services to the User) to any third party, without the requirement of seeking any further consent from the User.
INTELLECTUAL PROPERTY RIGHTS
QisstPay is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other Applicable Laws. All title, ownership and intellectual property rights in the Website and its content shall remain with QisstPay, its affiliates or licensor's of QisstPay content, as the case may be.
These User Terms do not constitute a sale and do not convey to User any rights of ownership in or related to the Website, or any intellectual property rights owned by QisstPay.
All rights not otherwise claimed under this contract by www.qisstpay.com are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. QisstPay does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content“) contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services provided through the online technology platform. QisstPay reserves the right to make changes and corrections to any part of the Content of this Website at any time without prior notice.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this Website is provided "as is" and "as available" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall QisstPay be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this Website must hereby acknowledge that any reliance upon any content shall be at their sole risk. QisstPay reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. It reserves the right to moderate, publish, re-publish, and use all user generated data, contributions and comments (including but not limited to reviews, comments, likes, favorites, votes) posted on the website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. It is not liable to pay royalty to any user for re-publishing any content across any of its platforms.
QisstPay reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or the Website.
TRADEMARK
All related icons and logos are registered trademarks or service marks of QisstPay in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights Applicable Laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
COPYRIGHT
All content on the Website and Service is the copyright of QisstPay except the third party content and any link to third party website on our Website.
Any systematic retrieval of QisstPay content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from QisstPay is prohibited.
In addition, use of the content for any purpose not expressly permitted in this agreement is prohibited and may invite legal action. As a condition of Your access to and use of QisstPay's Services, You agree that You will not use the Website and/or Service to infringe the intellectual property rights of others in any way. QisstPay reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of QisstPay's Service, or if QisstPay believes that User's conduct is harmful to the interests of QisstPay, its affiliates, or other Users, or for any other reason in QisstPay's sole discretion, with or without cause.
ARRANGEMENT BETWEEN YOU AND THE ISSUING BANK
All valid credit / debit/ cash card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective issuing bank and payment instrument issuing company.
All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to You. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between You and the respective issuing bank.
INDEMNIFICATION AND LIMITATION OF LIABILITY
QisstPay shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use Products offered by Merchant or due to the failure of Merchant to provide Product to the Users for any reason whatsoever including but not limited to the User's non¬compliance with the Service's terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of QisstPay or any person or any organization involved in the above mentioned systems.
QisstPay will not be liable for any damages of any kind arising from the use of the Products offered by the Merchant including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
QisstPay shall not be liable for any Content that you may find indecent, offensive or objectionable. You shall use the Services at your own risk.
QisstPay will take all reasonable measures to ensure that Merchant should fulfill his duty properly but there may be exceptions and therefore QisstPay will not be held liable for any such compensation on account of the Merchant not meeting expectations of Users.
QisstPay shall not be liable for any conduct of the Merchant or the Financial Partner. QisstPay encourages Users to notify any complaints that User may have against any Merchant that User may have.
No advice or information, whether oral or written, obtained by you from QisstPay or through or from the services shall create any warranty not expressly stated in the terms.
QisstPay disclaims any and all liability in respect of the Merchant and their Products provided thereof.
User agrees to indemnify and keep QisstPay, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by QisstPay or its affiliated companies related to any User content posted or transmitted by User during the use of the Website or Service or any unauthorised use of the Website or Service in contravention of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
These User Terms shall be governed by, and construed in accordance with, the laws of Pakistan, without reference to principles of conflicts of law. The parties agree that the courts of Islamabad shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms and/or the Website.
If you have a dispute with Qisstpay related to our digital lending services, we will make our best efforts to resolve the dispute through negotiation or other informal means. If the dispute cannot be resolved informally, you may pursue resolution through arbitration or mediation in accordance with the terms set forth in your agreement.
You expressly consent to the personal jurisdiction of said courts and waive any objections to such personal jurisdiction based on forums non convenience or any other basis.
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