This terms and condition is effective as of May 14, 2016, under which you may access and use Payo Transfer inc.'s Payo app. (In this terms and condition “Payo app” means www.payotransfer.com).This terms and condition ("Agreement") is a contract between you and Payo Transfer inc. If you do not agree to be bound by the terms and conditions of this terms and condition, you may not use this app and the services. By accessing and using the Service, you are agreeing to the terms and condition.These are the terms and conditions you must agree to prior to using our services:Payo Transfer may amend this Agreement at any time by posting a revised version on the service. All amendments will be effective immediately after they are posted on the Payo app.In this Agreement, "you" or "your" means any person or entity ("Users") using the Service. Unless otherwise stated. "Payo Transfer inc.", "we", or "our" will refer collectively to Payo Transfer inc. , its officers, directors, Alliance Partners, agents, subsidiaries, joint ventures, employees and suppliers.By clicking on "I Agree" during registration in our Payo app, it will be deemed that you have read and understood the Terms and Conditions and that you agree to accept and abide by the Terms and Conditions of this terms and condition. AND you agree to the Terms of Service (TOS) (click here to read the TOS) of Payo Transfer inc.s “Payment Processing, Banking and Service Partner” Synapse Payments LLC.
“Alliance Partner” or “Partner” means Synapse Payment LLC(including its banking partners such as but not limited to Triumph Bank and Independent Bank), Machnet Technologies Inc or any third party service provider who provides their services to enable the service.
"Customer" or “User” or “Users” means a Registered User who avails or seeks to avail of any Service.
"Customer ID" means the user identification chosen by the Customer and registered by the Payo app which, along with the Customer Password, will enable the Customer to:
avail of services and enter into transactions in respect of the services,
do such other acts as the Payo app may permit.
"Customer Password" means the password chosen by the Customer and registered by the Payo app which, along with the Customer ID, will enable the Customer to:
avail of services and enter into transactions in respect of the services offered on the Payo app,
do such other acts as the Payo app may permit.
"Service” means any product, service displayed or offered on or through the Payo app (whether by Payo Transfer or by any Alliance Partner) and includes remittance and money transfer services.
"Person" includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government.
"Registered User" means any visitor who has registered with the Payo app but who has not entered into any transactions in respect of the services and products offered on the Payo app. The term "Registered User" includes every Customer.
"Registered User ID" means the user name that is chosen by the Registered User and registered by the Payo app for access to the Payo app.
"Registered User Password" means the password that is chosen by the Registered User and registered by the Payo app for access to the Payo app.
"Service Provider" means Payo Transfer and its Partners, who provides any service to Payo Transfer in order to enable Payo Transfer to operate and/or maintain the Payo app, provide any feature on the Payo app or provide any Service which is provided by Payo Transfer.
“Mode of Payment” means your bank account or your debit/credit cards linked and registered in the Payo app by you to pay for the transaction created by you. Such bank account and debit/credit cards are authorized by you to Payo Transfer and its Alliance Partner to debit the amounts required by us to complete the transaction entered by you in the Payo app.
“Beneficiary” or “Recipient” means an individual or entity whose details are provided by you during the creation of the transaction and is the intended receiver of the amounts transferred in the transaction.
“Transaction” means a transfer of moneys using our services in the Payo app including creation of such transaction by you in the Payo app by providing and entering the amount required to be transferred, mode of payment, details of beneficiary etc.
"The Terms and Conditions" or “terms of service (TOS)” means the terms and conditions set out above and below in this terms and condition and also all other terms and conditions contained elsewhere on the Payo app.
"MACHNET" means MachNet Technologies Inc., a company incorporated in MA, USA., and includes its successors and assigns.
“SynapasePay or Synapse Payments LLC.” means Payment Processing, Banking and Service Partner of Payo Transfer.
"Visitor" means any person who accesses or visits the Payo app, whether or not such person has registered himself as a Registered User. The term "Visitor" includes every Registered User and Customer.
INTERPRETATION IN THE TERMS AND CONDITIONS, UNLESS REPUGNANT TO THE CONTEXT OR MEANING THEREOF,
"Alerts" means notices relating to various matters issued or to be issued by Payo Transfer;
Reference to a particular gender shall be deemed to include a reference to the other genders;
The singular shall include the plural and vice versa; and
The word "includes" should be construed as if the words "without limitation" appear thereafter.
In order to access and use the Payo app and avail of any Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the Terms and Conditions and to access, use and avail of the Payo app and the Services. If you do not qualify, please do not access or use the Payo app or the Service.
REGISTRATION INFORMATION (IDS AND PASSWORDS) AND SECRECY
Only limited access to the Payo app is available to Visitors. Visitors may not be permitted to avail of the Services. In order to obtain increased access to the Payo app and in order to avail of the Services, you are required to register on the Payo app as a Registered User.
To provide true, accurate, current and complete information about yourself as prompted by the registration form on the Payo app, and
To maintain and update this information to keep it true, accurate, current and complete at all times.
To indemnify Payo Transfer, and its Alliance Partner, for any losses caused to Payo Transfer, or its Alliance Partner, due to any information provided by you to Payo Transfer, or its Alliance Partner , being untrue, inaccurate, not current or incomplete in any respect, and Payo Transfer, or its Alliance Partner, shall not be responsible for any losses sustained due to any untrue, inaccurate, non-current or incomplete information provided by you to Payo Transfer, or its Alliance Partner, in any respect. If any information provided by you is untrue, inaccurate, non-current or incomplete, Payo Transfer and its Alliance Partner, has the right to terminate your registration and refuse access to or use of the Payo app or any Services.
Upon registration, the Payo app will register your Registered User ID and Registered User Password.
To be solely and absolutely responsible for maintaining the secrecy and confidentiality of your Registered User IDs and passwords and you will be fully and absolutely responsible and liable for all transactions and activities that occur under your Registered User IDs and password including any unauthorized use or misuse of your Registered User IDs and/or password. You will be responsible and liable if any third party gains access to the Payo app or any Service through the use of your Registered User IDs or password, and you hereby agree to indemnify Payo Transfer, and its Alliance Partner, and hold Payo Transfer, and its Alliance Partner, harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the aforesaid, you agree to:
Immediately notify Payo Transfer via registered e-mail or through registered phone, of any suspected loss, theft, unauthorized usage of the Registered User ID or password, any other breach of security, or any receipt by you of confirmation of a transaction, fund or securities transfer or other activity which you did not authorize; or any inaccurate information in your account balances, securities positions or transaction history and
Ensure that you logout from the account associated with your Registered User ID at the end of each session.
Any transaction or activity pursuant to use of your Registered User ID or password shall be deemed to be your transaction or activity and Payo Transfer, and its Alliance Partner, shall have no obligation to verify the authenticity of any such transaction or activity. Payo Transfer, and its Alliance Partner, shall not be responsible for any mistake or error made by you with respect to any information entered by you in the Payo app.
If you forget your Registered User ID, you can send a written request to Payo Transfer at the address provided on the Payo app giving such personal and transaction details satisfactory to Payo Transfer, or its Alliance Partners. On Payo Transfer being satisfied of your identity (which satisfaction shall be entirely at the discretion of Payo Transfer), Payo Transfer shall send the Registered User ID to the e-mail address registered with Payo Transfer. You shall be responsible for continuing to maintain this e-mail address. Payo Transfer, and its Alliance Partner, shall not be liable if it declines to furnish the Registered User ID by reason of it not being satisfied as to your identity.
If you forget your password, you can retrieve it from the site using “forgot password” link. The Payo app shall send link to reset your password to the e-mail address registered with Payo Transfer. You shall be responsible for continuing to maintain this e-mail address. Payo Transfer shall not be liable if it declines to furnish the password by reason of it not being satisfied as to your identity.
Notwithstanding anything stated elsewhere in the terms and condition, and despite correct use of your Registered User ID and password, Payo Transfer shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as Payo Transfer may deem fit.
CONDUCT OF VISITORS, REGISTERED USERS AND CUSTOMERS
As a user of our Payo app or Service or in the course of your interactions with us, you will not:
use the Payo app for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions;
Breach this terms and condition, or any other agreement between you and us.
Open more than one account;
Modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, products or services obtained on or through the Payo app, except as permitted by the copyright owner or other right holder thereof;
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law;
Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Payo Transfer) or engage in spamming or flooding;
Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Payo app for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Payo app which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
Upload, post, publish, reproduce, transmit or distribute in any way any component of the Payo app itself or derivative works with respect thereto, except as permitted by Payo Transfer or the copyright owner or other right holder thereof, the Payo app being copyrighted under the relevant laws;
Attempt to decompile or reverse engineer any of the software available on the Payo app.
You will not make any attempt to hack into the Payo app or otherwise attempt to subvert any firewall or other security measure of the Payo app and if you become aware of any shortcoming in the security on the Payo app, you shall forthwith inform Payo Transfer of the same in writing.
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Use an anonymizing proxy;
Share Transaction numbers or information with anyone except Payo Transfer and its Alliance Partners, your Recipient, or Beneficiary, and you will advise your Recipient or Beneficiary not to share Transaction numbers or information; or
Violate any other restrictions in this terms and condition.
If the Payo app contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.
You shall use any software provided on, by or through the Payo app only for the purposes for which it has been provided to you and for no other purpose.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information and documents, requiring you to take steps to confirm ownership of your e-mail address, mobile device or mode of payment, or verifying your information against third party databases or through other sources. This may also include verifying your Beneficiary's information.
You agree to pay us a transaction fee plus the Transaction Amount for every transaction that you place in the Payo app. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. You agree to reimburse us all fees if you submit a Transaction that results in Payo Transfer or its Alliance partner or partner being charged non-sufficient fund fees, chargeback fees, or other similar fees.
In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the mode of payment you provide us in connection with your use of the Service. If your payment fails or is insufficient, we may re-try debiting your Mode of payment one or more times without your authorization or you may authorize us to try debiting a different Mode of payment. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Mode of payment(s).
You are solely responsible for any fees or charges that may be imposed by the financial institutions associated with your Mode of payment.
You shall not be entitled to any benefit accrued to Payo Transfer and its Alliance Partners on account of any foreign exchange fluctuation during the course of the services provided by Payo Transfer or its Alliance Partners. You agree, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the currency as set during the time of your Transaction.
In case if you fail to make payment and your transaction is already delivered to your Beneficiary, we have the right to take all possible actions to recover the payment, to the extent permitted by law. Your failure to fully pay amounts that you owe us is a material breach of this Agreement and you will be liable for our costs associated with recovery and collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
PAYOUT AND DELIVERY
Payo Transfer has partnered with local banks, money exchange houses, and other third party service providers to deliver the funds into your Beneficiary’s bank account. You authorize us and are solely responsible for any consequence that may come forth upon credit of the payment by Payo Transfer or its Alliance Partners to the account of the Beneficiary as determined at the time of entering the transaction.
Your Beneficiary will be required to provide us with the copy of their Identity (Government Issued ID Card) before receiving funds in their bank account. You give us permission to contact your Beneficiary and store all such data, as necessary to provide the Service.
Please verify and make sure that the bank account information of the Beneficiary are correct prior to submitting your Transaction because we are not responsible for detecting inaccuracies. If bank account information and bank details of the Beneficiary are incorrect, the funds may be credited to the wrong bank and may not be recovered. Payo Transfer or its Alliance Partners shall not be liable for such wrong delivery of funds.
We shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
We shall be entitled, in our sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
We shall have the right to, and you hereby authorize us to, verify any information provided by you. As a standard KYC check we may be required to verify your identity details, which may leave a Payo Transfer footprint on your credit file.
Access and use of the Payo app and the Facilities is entirely at your own risk. The Payo app, including any content or information on it, any related or linked site and all Facilities, products and services displayed, provided, availed of, licensed or purchased on, through or via the Payo app are provided "as is," without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness. Specifically, Payo Transfer disclaims any and all warranties including, but not limited to -
any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, Facilities, products or services and
any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.
Payo Transfer, or its Alliance Partner, has not verified and shall not be liable or responsible for any content or other information on the Payo app or on web-sites linked to or with Payo Transfer. Payo Transfer, or its alliance partner, does not, in any way, certify or warrant the performance, operation, content or availability of the Payo app or such other Payo apps. Although Payo Transfer adopts security measures which it considers appropriate for the Payo app, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Payo app or any Customer Accounts. Payo Transfer, or its alliance partner, shall not be responsible or liable if any unauthorized person hacks into or gains access to the Payo app, any Facility or your accounts; and you shall be liable and responsible for the same.
This disclaimer of liability applies also to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The information and views contained herein are based on information available and believed to be correct to the best of our knowledge. Although due care has been exercised to verify the accuracy of the information, neither Payo Transfer and its information suppliers assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service.
Payo Transfer, or any of its alliance Partner, does not warrant or makes any representations regarding the use or the results of the use of any product, service and /or Facility in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Payo app, all site-related services and all Facilities, products and services mentioned or advertised on or accessed or availed on or through the Payo app.
You acknowledge that any warranty that is provided in connection with any of the Facilities, products or services described on the Payo app are provided solely by the owner, advertiser, manufacturer, provider or supplier of that Facility, product or service, and not by MACHNET or the Payo app (except where Payo Transfer is expressly stated to be owner, advertiser, manufacturer, provider and supplier thereof).
Payo Transfer operates and offers the Payo app strictly on a no-liability basis and Payo Transfer, or its Alliance Partner, shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other law or theory arising out of or in connection with the Payo app, or any Services, mentioned or advertised on or accessed or availed on or through the Payo app or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence) or resulting from the use of or inability to use, access or avail of the Payo app, any Service, or out of any breach of any warranty. Under no circumstances shall Payo Transfer, or its Alliance Partner, be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by you or any other person.
If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of Payo Transfer (or the concerned Affiliate Partner or Service Provider, as the case may be) to you shall not exceed the amount of fees paid by you to Payo Transfer (or the Affiliates Partner or Service Provider, as the case may be) for the Facilities, products or services that you have ordered or availed of on or through the Payo app.
While we shall endeavor that your instructions and your transactions pursuant to Services provided by us, are communicated, carried out and/or performed promptly, we do not guarantee that any instructions will definitely be communicated or carried out or that any transactions will definitely be performed; and we, shall not be responsible for any delay in communicating, carrying out or performance of any instructions or transactions due to any reason whatsoever, including by reason of failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other act of nature, legal restraints, faults in the telecommunication network or network failure, software or hardware error, labor problem, strike or any other reason beyond our control.
We shall not be responsible for any inability to access the Payo app or any use or misuse of the Payo app.
Any search results displayed by or on the Payo app are automated and cannot be screened. Accordingly, we assume no responsibility for the accuracy or otherwise of any search results or of the content of any site included in the search results or otherwise linked to the Payo app.
We shall not be responsible for any unauthorized interception of e-mail to or from you or us.
To the extent possible, the disclaimers, limitations on liability and indemnities available to us under the terms and condition shall mutates mutandis extend and be available also to the Alliance Partners and Service Providers and its / their respective directors, officers, employees, agents, successors, assigns, consultants, sponsors, affiliates, content providers and everyone involved in creating, producing, delivering or managing the Payo app (or any part thereof) or any Service. However this clause shall not protect the aforesaid Persons or extend to their obligations and liability to Payo Transfer, or its Alliance Partner or Payo Transfer's claims against them.
TERMS OF SUPPLY OF SERVICE - GENERAL
The Payo app primarily provides services displayed and offered by its Alliance Partners and Payo Transfer on a no-liability and no-obligation basis. Several of the Services mentioned or offered on or through the Payo app are provided by Alliance Partners (and not by Payo Transfer) as indicated at the appropriate places on the Payo app. Payo Transfer makes no warranty for, the Alliance Partners or the Services provided by them, and Payo Transfer shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings with Alliance Partners, and the Alliance Partners may have their own agreements, terms and conditions which will govern such Services provided by them. The terms and warranties relating to such Services may vary from Alliance Partner to Alliance Partner and Service to Service. You should also obtain the full text of such terms and warranties from the Alliance Partners. Please click here to read the TOS to read the Terms of Servivce (ToS) of one of the Alliance Partner; “Synapse Payments LLC”
We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households, in our sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without prior notice. Your Transaction may be delayed or cancelled at any time prior to delivering the funds into your Beneficiary's bank account without prior notice. We may delay or cancel your Transaction for reasons that include, but are not limited to: identity verification; validation of your Transaction instructions and Mode of payment; fraud and anti-money laundering compliance review; contacting and locating you, your Beneficiary and to comply with applicable law. Business hours, systems availability and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below in Section 12 of this terms and condition.
You agree that you will only use the Services to send money or mobile reloads to people or to Beneficiaries that you know personally and for personal reasons. If we discover you are using the Service for commercial purposes, including purchase of goods or pay for services other than payments made to Service Companies specifically provided for by the Service, we may, in our sole discretion, cancel your Transaction(s) and close your account.
You may not use the Service in violation of this terms and condition or applicable laws, rules or regulations. It is a violation of this terms and condition to use the Service for any of the following activities including: sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money or mobile reloads to a Beneficiary that has violated the terms and condition or any other purpose deemed illegal by governing jurisdictions. If you use the Service in connection with illegal conduct, we reserve the right to report you to the appropriate law enforcement agency or agencies. The Service is intended for our customers to send money transfers and mobile reloads to, or pay bills for, family and friends. We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose prohibited by this terms and condition including for commercial purposes, for purchases of goods or payments for services of any kind. You acknowledge that we are not liable for your use of the Service in violation of this terms and condition, including all risks associated with the purchase of goods or payment for services of any kind, such as (but not limited to) losses you suffer for undelivered or defective goods and services you pay for using the Service.
You may not submit or receive a Transaction: (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity or (iii) on behalf of a charitable organization without our express consent. You may send Transactions to Service Companies for Beneficiaries whom you know personally. We may, at any time and in our sole discretion: (i) refuse any Transaction, or (ii) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
We do not allow you to change the details of your Transaction once it has been submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate before you submit your Transaction for processing.
Where any Service is provided by us, it is expressly mentioned on the Payo app. We, offer services strictly on a no-liability basis. Accordingly, while Payo Transfer and its Alliance Partner, shall endeavor to offer such Services as per their terms, no claim shall lie against us, and we shall not be liable to you or to any Person, in the event of non-provision of any Service or delay or omission to do any act pursuant to any Service provided by us or on any other account whatsoever. You should avail of Services provided by us only if you are agreeable to the above.
All your rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any Service, if any, shall be governed by the applicable terms, policies and procedures of the concerned Alliance Partner and Payo Transfer shall not be liable or responsible for the same in any manner. You shall have no claim, rights or remedies whatsoever against Payo Transfer in respect of any Service availed or sought to be availed by you from any Alliance Partner.
If you wish to avail of a Service, you may be asked by the Alliance Partner or Payo Transfer to supply certain information, including but not limited to your bank account, credit or debit card or other mode of payment information. You agree that all information you provide to any Alliance Partner or Payo Transfer will be accurate, complete and current. You agree not to hold Payo Transfer liable for any loss or damage of any sort incurred as a result of any such dealings with any Alliance Partner.
You agree to pay all charges incurred by users of your Registered User ID and password and also will be responsible for paying any applicable taxes relating to remit the fund through the Payo app.
The records of access, instructions, transactions and other activities maintained or caused to be maintained by Payo Transfer and its Alliance Partners through its or a third party's computer systems or on tape or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.
REFUND OF REMITTANCE PAYMENT
You may cancel your Transaction for a full refund within 30 minutes of creating your Transaction, unless the funds have already been paid out to the Beneficiary. After 30 minutes, we generally do not provide refunds unless we did not process your Transaction according to your instructions or we are unable to pay out the Transaction. To request a refund, please click here to contact Customer Service.
We will make every effort not to debit your Mode of payment after we have received your request for cancellation. However, in some cases, we may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Mode of payment may be debited even if you have cancelled your Transaction but we will refund your money usually within fourteen (14) business days, after we have received the funds from your financial institution. This shall apply only if your transaction has not been delivered to your Beneficiary.
Refunds will be credited to the same Mode of payment used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time your Transaction was submitted.
The amount of funds that is returned to Registered User shall be the amount after deducting any service charges and other expenses incurred while refunding the funds.
If Payo Transfer determines to refund remittance payment funds to you, these funds may be returned to you at the exchange rates established by Payo Transfer on the date of return. Payo Transfer shall not be liable to the registered user for any loss occur due to cancel or refund a remittance payment.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
Payo Transfer is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Payo app, and is the copyright owner or licensee of the content and/or information on the Payo app including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Payo app. All rights on the Payo app are reserved and you may not download and/or save a copy of the Payo app or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of Payo Transfer (except as otherwise provided on the Payo app or in the terms and condition for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits Payo Transfer or Alliance Partners. However, you may print a copy of the information on this Site for your personal use or records. This Payo app is for your personal use. Use of this Payo app, except as otherwise provided above, may result in a violation of copyright and other laws of governing jurisdictions, and may be subject to penalties. We do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Payo app.
AUTHORITY TO Payo Transfer
You irrevocably and unconditionally authorize Payo Transfer, and its alliance partner, to access all information relating to you (including personal information and information relating to access and use of the Payo app and Facilities by you and the transactions entered into by you). Subject to the Privacy Statement, all information submitted on or via the Payo app shall be deemed to be and remain the property of Payo Transfer and the Affiliate Partners and Service Providers; and Payo Transfer, the Affiliate Partners and Service Providers shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information you may provide to or through the Payo app. Payo Transfer, the Affiliate Partners and Service Providers shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with you. Payo Transfer shall be deemed to acquire from you a non-exclusive, world-wide, perceptual, irrevocable, royalty free license to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in any information provided by you to or through the Payo app
The Terms and Conditions and your use of or access to the Payo app or any Services are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the Payo app, except where otherwise specifically agreed or appointed.
NO OBLIGATION FOR MAINTENANCE
Payo Transfer, or its alliance partner, have no obligation to monitor the functioning of the Payo app. However, you acknowledge and agree that Payo Transfer has the right to monitor the functioning of the Payo app electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Payo app properly or to protect itself or its Service Providers, Alliance Partners, Visitors, Users or Customers. Payo Transfer will not intentionally monitor or disclose any private electronic-mail message to any third party unless required by law and to its Alliance Partners for providing the Service to you. Payo Transfer reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the terms and condition.
You acknowledge and agree that Payo Transfer may in its sole discretion deny you access through Payo Transfer to any materials stored on the Internet, or to access third party services, Services, merchandise or information on the Internet through the Payo app, and Payo Transfer shall have no responsibility to notify you or third-party providers of Facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
GOVERNING LAW & JURISDICTION
The Payo app, the terms and condition, all transactions entered into on or through the Payo app and the relationship between you and Payo Transfer shall be governed by and construed in accordance with the prevailing laws of Federal Democratic Republic of Nepal and prevailing laws of the jurisdiction where the Alliance Partner is constituted which is the United States of America; and no other nation, without regard to the laws relating to conflicts of law.
Payo Transfer, and its Alliance Partner, accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of Federal Democratic Republic of Nepal and of the jurisdiction where the Alliance Partner is constituted which is the United States of America. The mere fact that the Payo app can be accessed or used or any service can be availed of in a country other than Nepal would not mean that the laws of such country would be applicable.
Subject to the other Terms and Conditions of the terms and condition and applicable laws, the Payo app and the Services are offered both to residents of Nepal and to non-residents. Provided however, that the Services are not available to foreign residents including non-resident Nepalese ("NRN's") in foreign jurisdictions where the Payo app or Services cannot be offered without prior legal or regulatory compliance. It shall be the sole responsibility of foreign residents including NRNs in foreign jurisdictions to verify whether the Payo app and the Services can be accessed and utilized in their respective jurisdictions.
The failure or delay of Payo Transfer, or its Alliance Partner to exercise or enforce any right or provision of the terms and condition shall not constitute a waiver of such right or provision. No waiver on the part of Payo Transfer or its Alliance Partner shall be valid unless it is in writing signed by or on behalf of Payo Transfer, or its Alliance Partners.
If any provision of the terms and condition shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, Payo Transfer,or its Alliance Partner, the court, tribunal or regulatory or self-regulatory agency or body should endeavor to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Payo app or any Service or the terms and condition must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.
We may give notice to you by e-mail, letter, telephone or any other means as deemed fit to the address last given by you. Notices under the terms and condition may be given you in writing by delivering them by hand or by sending them by post to the address mentioned on the Payo app. We may, but shall not be bound to, act upon notices and instructions given by you via e-mail, letter, telephone or any other means as Payo Transfer may deem fit.
In addition, we may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Registered Users or Customers in a newspaper circulating in Nepal and the United States of America or on its Payo app. Such notices will have the same effect as a notice served individually to each Visitor, Registered User or Customer (including you).
Documents which may be sent by electronic communication between you and us may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Payo app. Payo Transfer, or its Alliance Partner shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address registered with the Payo app. Payo Transfer or its Alliance Partner shall also be entitled to act on the basis of any instructions received or purported to be received by Payo Transfer, or its Alliance Partner from you by e-mail or other electronic means or via the internet. Payo Transfer, or its Alliance Partner shall also be entitled (but not bound) to act upon fax instructions and communications.
The clause headings in the terms and condition are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the terms and condition.
Payo Transfer may sub-contract or employ agents to carry out any functions or services relating to the Payo app or any of its obligations under the terms and condition.
Payo Transfer, or its Alliance Partner may from time to time send by e-mail or otherwise, information relating to products and services offered by it or the Alliance Partners or any other entities, the Services, general information related to financial and other services, advertisements of various products and services etc. to you.
You must at your own cost: (a) provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
The content presented at the Payo app may vary depending upon your browser limitations. The conditions stated in these terms and conditions are in addition to the other terms and conditions stated elsewhere in the Payo app.
BY ACCESSING AND / OR USING THIS Payo app OR PORTION / PAGE THEREOF AND / OR ANY FACILITIES YOU AGREE TO THE terms and condition.