a) This document (“Terms”) is an agreement between you and VOLOPAY INDIA PRIVATE LIMITED (CIN:UK6910KA2021FTC153594) (“Company”) which set outs the term and conditions governing your use and access of:
i. the electronic platform that is owned and operated by the Company (“Volopay”); and
ii. the products and services offered by the Company and third parties engaged by, or in partnership with, the Company through Volopay (“Services”).
b) The version of the Terms currently in force will be available through Volopay and on the official website of the Company at www.volopay.com (“Website”) and you agree that it shall be your sole responsibility to check for any updates to the Terms.
e) If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
g) These Term and Conditions shall be effective and legally binding on the date when (a) Customer creates an Account, affirmatively accepts the Agreement in writing or electronically; or (b) otherwise uses the Services. Subsequently, these Terms and Conditions shall be continued until your termination of use of the Account or the Services. Your acceptance of these Terms and Conditions shall serve as confirmation that you fully understand and accept to all the provisions in these Terms and Conditions. If you do not understand any of these Terms and Conditions, you are advised to obtain independent legal advice.
h) You acknowledge that you and your use of our Services shall be subject to all mandatory provisions of the Applicable Laws. You shall solely be responsible for understanding and complying with any and all laws, rules and regulations of your home country and the Account Jurisdiction that may be applicable to you in connection with your use of our Services, which shall include, without limitation, laws governing payment services, anti-money laundering or anti-terrorist financing requirements, consumer protection, data protection laws, anti-discrimination, gambling, false advertising, illegal sale or purchase or exchange of any goods or services, and those related to export/import activity, taxes or foreign currency exchange or licensing.
i) Volopay is neither a bank nor a credit institution, and we are not permitted to pay interest to you on Funds held in the Payment Account. Our Services might offer features or benefits of a bank account in partnership with respective Service Providers and Bank.
j) We may at any time close, suspend or limit your access to your use of the Services if we suspect that you may have committed any breach to this Agreement or any other agreement you enter into with us or pursuant to any proprietary monitoring used by us when assessing the risk associated with your transaction activity.
k) We may close your Account if your account becomes inactive
l) You acknowledge and agree that Volopay reserves the right to access and disclose personal data relating to you to third parties to comply with all applicable laws and lawful requests from government and/or other regulatory authorities, and/or to provide services of Volopay or protect Volopay, its customers and other users.
m) The Terms shall be of a continuing nature.
a) To be eligible to use Volopay and/or the Services, you must:
● in the case of an individual:
i) have attained at least 18 (eighteen) years of age at the time of accessing and/or using Volopay and/or the Services; and
ii) have the legal capacity to accept the Terms under the laws applicable to you; or
● in the case of a legal entity other than an individual, have the full legal capacity (including obtaining the necessary approvals) to accept the Terms.
(each an “Eligible User”).
b) By accessing and/or using Volopay, you are representing and warranting to the Company that you are an Eligible User.
c) Despite being an Eligible User, the Company reserves the right to limit your access and/or use of Volopay and/or the Services in accordance with the Terms at the sole discretion of the Company.
3. SUBMITTING OF DATA
It shall be your sole responsibility to ensure that any data, document or other information, whether electronic otherwise, that you submit to the Company or through Volopay and/or the Website:
i. is complete, true and accurate in all respects at all times;
ii. where applicable, is provided within reasonable time;
iii. is not false, misleading or deceptive in any respect at all times; and
iv. does not omit anything that affects or is likely to affect the meaning or significance of such data, document or other information in any respect at all times.
4. COMPLIANCE WITH THE TERMS AND APPLICABLE LAWS
In accessing and/or using Volopay and/or the Services, you agree that it is your sole responsibility to ensure your compliance with the following at all times:
• the Terms; and
• any applicable laws and regulations (whether in or out of India).
5. DATA COLLECTION
a) In order to access and/or use the Services, you must first register an account with the Company (“Account”) which will require you to provide us with data relating to you , including:
i. your full legal name;
ii. date of birth/incorporation;
iii. residential/registered address;
iv. in the case of individuals, your nationality;
v. AADHAR or passport number (in the case of individuals) or unique entity number (in the case of entities);
vi. contact details, including an email address and telephone number at which you can be contacted at;
vii. other information as may be required to verify data provided by you; and other information as may be required to allow the Company to comply with its anti-money laundering and countering the financing of terrorism obligations under the applicable laws.
b) You may refer to the Personal Data Policy of the Company which is available at www.volopay.com for details on how the Company collects, uses, stores and protects personal data that the Company comes into possession of.
c) The Company reserves the right to request for further information from you relating to your Account (whether active or inactive) at any time.
i. You may apply for an Account by following the relevant instructions on Volopay.
ii. Where the Company approves your application for an account, the Company will issue you an Account.
iii. Subject to the approval of the Company, you may register sub-accounts under your Account (“Account”) as part of the Services provided by the Company by following the instructions on Volopay.
iv. Where the Company approves your application for a sub-account, the Company will issue you the Sub-Account.
v. In addition to each Account and/or Sub-Account(s), you are required to register for a corresponding electronic wallet with Decentro Tech Private Limited (CIN: U74999HR2020PTC086125)(“Decentro”) being a service provider engaged by the Company, to utilise the Services (“Wallet”).
Decentro Terms: https://decentro.tech/terms/
Please take some time to read through the terms and conditions governing each Wallet as you and/or your authorised representative(s) must accept such terms and conditions relating to the creation of a Wallet before the Services may be utilities.
vii. In accepting the Terms, you are consenting to the Company providing Decentro with information relating to you (including personal data), insofar as such information is required by Decentro in relation to the creation of the corresponding Wallet and the provision of the Services.
viii. For the avoidance of doubt, any Account and/or Wallet is not a credit card and usage shall be dependent on the funded balance linked to your Account and/or Sub-Account(s).
ix. As part of this agreement, Volopay may obtain specific payment services including collecting, holding, disbursing, or remitting funds domestically via Decentro incorporated in India or internationally, incorporated in Singapore.
x. Volopay will provide on your behalf upon request such information regarding identity, financial, and business affairs, as may reasonably be required for Decentro to provide the service(s) in a prudent, legal, and compliant manner.
xi. You accept that these Terms constitute a legal, valid, and binding agreement between you and Decentro, as the case may be, within the framework of the contractual relationship between you and Volopay.
b) Responsibility for your Account
i. You acknowledge and agree that you shall be solely responsible for your Account, provided always that the owner of an Account.
ii. Your Account can only be used by you and/or your authorised representative(s) (as the case may be) and you acknowledge and agree that you shall be fully liable at all times for any communication, transaction, instruction and/or operation made or performed, processed or effected through your Account (each an “Instruction”) by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent.
iii. You must immediately notify the Company if you suspect or become aware of the use of your Account by any person or other entity other than yourself and your authorised representatives.
iv. Without prejudice to any other provision of the Terms, you authorise the Company to act upon any Instruction (though the Company is not obliged to) which the Company believes was given by you (whether through your Account or otherwise).
v. Any Instruction shall not be considered to have been received by the Company until it has actually been received successfully by the Company (whether electronically or otherwise).
vi. The Company shall not be responsible for confirming and/or verifying any Instruction or for monitoring or refusing to process any duplicate Instructions.
vii. You acknowledge and agree that any records created and maintained by the Company of Instructions by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, shall be binding on you for all purposes and shall be conclusive evidence of such Instructions.
viii. You acknowledge and agree that the Company may, at its sole discretion, refuse to act or defer acting upon any Instruction.
i. The Company shall have the absolute discretion to investigate your Account, including where the Company suspects or has determined that:
● you and/or your authorised representative(s) are in breach of any the Terms (or any part thereof);
● your Account is associated with any unusual or illegal activities, including any form of fraud;
● your Account is/are related to any pending litigation or investigation proceedings by any authority, including any applicable regulatory authority;
● there are security risks associated with your Account that cannot be adequately mitigated or resolved;
● your Account is in breach of any applicable laws or regulations (whether in or outside of India);
● there is any other reason which could compromise the provision of Volopay and/or the Services by the Company or any other operations of the Company.
ii. In the event the Company commences any investigation into your Account, the Company shall provide you with written notice of the commencement of such investigation and the nature of the allegations that form the basis of the investigation and you shall have [seven (7) calendar days] to respond to such allegations, provided always that the Company may take any action it deems necessary at its sole discretion even before such written notice is received by you.
iii. In the event the Company commences any investigation into your Account, the Company shall provide you with written notice of the commencement of such investigation and the nature of the allegations that form the basis of the investigation and you shall have [seven (7) calendar days] to respond to such allegations, provided always that the Company may take any action it deems necessary at its sole discretion even before such written notice is received by you.
iv) Following any investigation, the Company reserves the right to take any action that the Company deems necessary at its sole discretion, including the suspension or termination of your Account, whether in whole or in part.
d) Inactive Account
i. Your Account shall be immediately suspended and subject to review by the Company if it is not accessed and/or used for a continuous period of 30 days (“Inactive Account”).
ii. Where the Company deems your Account to be an Inactive Account, the Company will notify you of the same through such means of communication as the Company may prescribe from time to time (“Notice of Inactivity”).
iii. If you do not respond within the period stipulated in the Notice of Inactivity, a monthly fee will be charged in relation to each Inactive Account for as long as it remains inactive, such fee to be paid out of the value in the respective Inactive Account or, where there is insufficient value in the Inactive Account, consolidate or combine such Inactive Account.
iv. In addition to charging the monthly fee, the Company may take any other action it deems necessary at its sole discretion in relation to any Inactive Account, including terminating such Inactive Account.
v. Where your Account has been suspended for inactivity, you may request to reactivate your suspended Account by filing a request with the Company and the Company may require you to provide such information and/or documents as the Company deems necessary before deciding on whether to reactivate your Account.
vi. Where any value remains in any Inactive Account that has been terminated by the Company, you may submit a request for the refund of such value (subject to any applicable fees) (“Refund Request”) through any one of the following means:
• by submitting a written request to the Company at email@example.com; or
• contacting the helpdesk of the Company at [+91 82969 79792 ].
vii. The Company is under no obligation to process any Refund Request and you agree that unless a Refund Request has been approved by the Company, you shall have no claim whatsoever against the Company in relation to any Inactive Account(s) that has been terminated and the value contained therein.
viii. Any value under any Refund Request approved by the Company shall be transferred to the bank account provided by you when registering for an Account.
7. FUNDING YOUR ACCOUNT
a) Each Account is a reloadable account and may be funded through the bank account(s) provided by you when registering for your Account.
b) Where you choose to fund your Account , the funds are transferred directly to and stored in the corresponding Wallet(s) and the Company shall credit your Account with the value of such funds.
c) For the avoidance of doubt, your Account will only reflect the value of funds that Decentro records as having been received into the corresponding Wallet(s).
d). You acknowledge and agree that in registering any bank account(s) with your Account, you are providing the Company and Decentro with the continuous authority to automatically charge such bank account(s) when you choose to fund your Account and/or Sub-Account through Volopay.
e) You can stop the continuous authority in relation to any bank account(s) by removing such bank account(s) through Volopay, provided always that you must have at least one (1) bank account that is registered to your Account at all times.
8. TRANSACTING THROUGH YOUR ACCOUNT
i. Each Account allows you to transfer funds to merchants that accept the use of Volopay for goods and/or services (each such transfer a “Payment”).
ii. For the avoidance of doubt, the actual transfer of funds in relation to each Payment will be carried using the corresponding Decentro Wallet.
iii. Where you make any Payment, the status of such Payment shall be reflected on Volopay as one of the following statuses:
● “successful/completed”, where the Payment is successful and the corresponding Wallet has been debited accordingly and such debit is reflected in your Account or Sub-Account (as the case may be);
● “declined”, where the Payment is unsuccessful and has not been debited from the corresponding Account;
● “reversed”, where following an agreement between you and the relevant merchant for the refund of a successful Payment, such merchant has credited your corresponding Wallet accordingly and such credit is reflected in your Account or Sub-Account (as the case may be);
● “failed”, indicates that the Transfer could not be processed by the Company and/or Decentro for any reason, in which case there will no transfer or receipt of any value from your Account and/or Sub-Account(s) and funds from your Wallet, provided always that you will be responsible for any fees incurred by the Company despite the failure to process such Transfer.
b) Transferring of Funds
i) No transfer of funds can be made from your Account unless such account has sufficient funds, including for the payment of all applicable fees.
c) Disputed Payment or Transfer between Users
i. If you have any dispute with any other user of Volopay in relation to any Payment or Transfer, you should first try to resolve such dispute directly with the other user.
ii. The Company shall not be required to be involved in any dispute in relation to any Payment or Transfer that may arise between yourself and any other user of Volopay unless all of the following criteria are met:
● the dispute is not in relation to your Account.
● You should contact Decentro directly in the event of any issue relating to your Account, subject to the applicable terms and conditions of Decentro;
● the dispute is notified to the Company within 7 [number] of [calendar/business] days from the occurrence of the dispute;
● you have attempted to and are unable to resolve the dispute directly with the other user concerned; and
● you have furnished the Company with all information and/or materials as required by the Company.
d) Closing an account
i. You may close your Account by following the instructions on Volopay.
ii. Where you attempt to close any Account that is the subject of an investigation under, the Company may, at its sole discretion, refuse to close the Account and/or hold all or part of the funds contained in the Account.
iii. For the avoidance of doubt, where you close any Account that is the subject of an investigation, you shall remain liable for all obligations arising from or in connection with such Account until the conclusion of the investigation and where all necessary actions have been taken by the Company (if any).
TERMS AND CONDITIONS OF CORPORATE CARD - Powered by LivQuik
a) As part of the Services, you may apply for corporate prepaid cards to be issued to you in relation to each Account (“Corporate Card”).
b) All Corporate Cards are issued by Livquik Technology (India) Pvt Ltd (“Livquik”), being the issuer engaged by the Company, and you are required to register an account with LivQuik in order to receive any Corporate Card.
c) Livquik is the issuer of Prepaid Payment Instruments (PPI) license issued by RBI and hence the Terms of Services mentioned herein are in addition to, and not in derogation of, the applicable Terms & Conditions of LivQuik and will continue to be governed by regulations of Reserve Bank of India (“RBI”) on Prepaid Payment Instruments (PPI).
d) You may apply for a Corporate Card by following the relevant instructions set out in Volopay.
e) The terms and conditions governing each Corporate Card shall apply to you which shall be a part of the onboarding form. Please take some time to read through the terms and conditions governing each Corporate Card as you and/or your authorised representative(s) must accept such terms and conditions before any Corporate Card may be issued to you and/or your authorised representative(s).
f) Cards issued under co-branding arrangement with LivQuik for this program will be valid for 5 years or valid until the expiry date printed on the card (whichever is earliest).
i. Once the Card linked to wallet is expired following process shall be followed
● A new Card can be reissued based on customer request in lieu of expired card which can be used by card holders
● (b) Card which has expired can be blocked and the remaining balance in card can be refunded back to customer
● (c) LivQuik may transfer the outstanding balance to its Profit & Loss account three years after the expiry date of PPI. In case the PPI holder approaches LivQuik for refund of such amount, at any time after the expiry date of PPI, then the same shall be paid to the PPI holder in a bank account.
g) Load to Card:
i) The amount that can be loaded in the Card Account is governed by policies laid down by RBI. These involve monthly limits, transaction limits as well as balance limits on the account.
ii) In addition to RBI guidelines, LivQuik at its discretion, could impose further limits on the amount of money you deposit in your account. These limits may change from time to time on LivQuik’s sole discretion.
iii) The Card Account Holder can use multiple funding sources for depositing money in their account. These sources could be but not limited to Prepaid Cards, Debit Cards, Net Banking, and Transfer from another Card Account.
iv) In order to manage risk, LivQuik may limit the funding sources available for your use to fund any particular transaction.
v) LivQuik along with Volopay will monitor each Deposit made into your account to monitor high-risk & fraudulent transactions. If your deposit is classified as a high-risk transaction or is suspected of fraud, LivQuik will place a hold on the deposit and may ask you for more information on you and your funding source. LivQuik will conduct a review and either clear or cancel the deposit. If the deposit is cleared, Volopay will notify you and update your account. Otherwise, LivQuik will cancel the deposit and the funds will be forfeited by LivQuik. The said funds will be refundable only to source account upon valid demand raised by holder of source account. Volopay will notify you by email and/or in the account history tab of your Volopay account if the deposit is credited.
vi) When you make a deposit, you are liable to Volopay for the full amount of the deposit plus any fees if the deposit is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the deposit, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the deposit. If the owner of the funding source of a deposit later disputes the deposit or files a claim for a chargeback, the prepaid card issuer or the originating bank, not LivQuik, will determine whether the dispute is valid and to whom payment is due. You agree to allow Volopay to recover any amounts due to Volopay by debiting your account balance. If there are insufficient funds in your account to cover your liability, you agree to reimburse Volopay through other means. If Volopay is unable to recover the funds from your primary funding source, we may attempt to contact you, Volopay may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due.
h) Features/ Condition of Minimum and Full KYC
The default limit on completing the Min KYC requirement by any customer shall be Rs. 10000. Such PPIs shall be issued by the PPI Issuer after obtaining below minimum details of the PPI holder. These PPIs shall be used only for purchase of goods and services and not for funds transfer.:
i) MIN KYC
● Minimum details shall necessarily include a mobile number verified with OTP and a self-declaration of name and unique identity / identification number of any ‘mandatory document’ or OVD or any such document with any name listed for this purpose in the Master Direction on KYC, as amended from time to time;
● Such PPIs shall be reloadable in nature. Loading / Reloading shall be from a bank account / credit card / full-KYC PPI;
● The amount loaded in such PPIs during any month shall not exceed Rs.10,000 and the total amount loaded during the financial year shall not exceed Rs.1,20,000;
● The amount outstanding at any point of time in such PPIs shall not exceed Rs.10,000;
● These PPIs shall be used only for purchase of goods and services. Cash withdrawal or funds transfer from such PPIs shall not be permitted;
● PPI issuer shall give an option to close the PPI at any time. The closure proceeds can be transferred ‘back to source account’ (payment source from where the PPI was loaded). Alternatively, the closure proceeds can be transferred to a bank account after complying with KYC requirements of PPI holder;
● The features of such PPIs shall be clearly communicated to the PPI holder by SMS / e-mail / any other means at the time of issuance of the PPI / before the first loading of funds;
ii). FULL KYC
● The Video-based Customer Identification Process (V-CIP), as detailed in Department of Regulation’s Master Direction on KYC dated February 25, 2016 (as amended from time to time), can be used to open full-KYC PPIs as well as to convert Small PPIs of paragraph 9.1 into full-KYC PPIs;
● Such PPIs shall be reloadable in nature;
● The amount outstanding shall not exceed Rs.2,00,000/- at any point of time;
● The funds can be transferred ‘back to source account’ (payment source from where the PPI was loaded) or ‘own bank account of the PPI holder’ (duly verified by the PPI issuer). However, PPI issuer shall set the limits considering the risk profile of the PPI holders, other operational risks, etc.;
● PPI issuer shall provide the facility of ‘pre-registered beneficiaries’ whereby the PPI holder can register the beneficiaries by providing their bank account details, details of PPIs issued by same issuer (or different issuer as and when permitted), etc.;
● In case of such pre-registered beneficiaries, the funds transfer limit shall not exceed Rs.2,00,000/- per month per beneficiary. PPI issuer shall set the limits within this ceiling considering the risk profile of the PPI holders, other operational risks, etc.;
● Funds transfer limits for all other cases shall be restricted to Rs.10,000/- per month;
● Funds transfer from such PPIs shall also be permitted to other PPIs, debit cards and credit cards as per the limits given above;
● There is no separate limit on purchase of goods and services using PPIs and PPI issuer may decide limit for these purposes within the overall PPI limit;
● PPI issuer shall clearly indicate these limits to the PPI holders and provide necessary options to PPI holders to set their own fund transfer limits;
● PPI issuer shall also give an option to close the PPI and transfer the balance as per the applicable limits of this type of PPI. For this purpose, the issuer shall provide an option, including at the time of issuing the PPI, to the holder to provide details of pre-designated bank account or other PPIs of same issuer (or other issuer as and when permitted) to which the balance amount available in the PPI shall be transferred in the event of closure of PPI, expiry of validity period of such PPIs, etc.;
● Cash withdrawal shall be permitted upto a maximum limit of Rs.2,000/- per transaction within an overall monthly limit of Rs.10,000/- per PPI across all channels (agents, ATMs, PoS devices, etc.
iii) Cash withdrawal shall be permitted upto a maximum limit of Rs.2,000/- per transaction within an overall monthly limit of Rs. 10,000/- per PPI across all channels (agents, ATMs, PoS devices, etc.). The fee applicable on each ATM Withdrawal transaction Rs 25 + GST 4.5.
iv).PPI issuer shall also give an option to close the PPI and transfer the balance as per the applicable limits of this type of PPI. For this purpose, the issuer shall provide an option, including at the time of issuing the PPI, to the holder to provide details of pre-designated bank account or other PPIs of same issuer (or other issuers as and when permitted) to which the balance amount available in the PPI shall be transferred in the event of closure of PPI, expiry of validity period of such PPIs, etc.
v) The features of such PPIs shall be clearly communicated to the PPI holder by SMS / e-mail / post or by any other means at the time of issuance of the PPI / before the first loading of funds.
i.Obligations of a PPI Holder
● Account Holder will be liable for all Transactions and for the related charges.
● Account Holder accepts that at his request and risk Volopay has agreed to provide him the Account wallet & accepts full responsibility for all Transactions recorded by use of his Account.
● An instruction given by means of the Account shall be irrevocable.
● Account Holder shall, in all circumstances, accept full responsibility for the use of the wallet, whether or not processed with his knowledge or his authority, expressed or implied.
● Account Holder irrevocably authorizes Volopay to debit the amounts utilized by using the wallet for Transactions to his wallet Account.
● Account Holder should hold LivQuik indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions.
● Volopay will employ its best efforts in carrying out the Transactions but will not incur any liability either to the Wallet Account Holder or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction or an instruction.
● Volopay reserves the right at any time to charge the Account Holder any fees/ charges for the transactions carried out by you on Wallet. Details of applicable fees and charges can be obtained from the Volopay Website and are subject to change from time to time.
● Any government charges, or debits, or tax payable as a result of the use of Wallet shall be Account Holder’s responsibility.
● Amounts due and payable by Account Holder, if not paid separately shall be recovered by Volopay from the Available Amount.
● Volopay may at its sole discretion withdraw or suspend Wallet or amend any of its features without notice to the Account Holder.
● Volopay shall have discretion for not to allow the Account Holder to carry out a transaction where it has reason to believe that the use of Wallet is not authorized or the Transaction appears not genuine or unclear or such as to raise a doubt.
j. Refund Process:
● Account Holder can choose to use Available Amount to pay merchants in exchange of some goods or services provided by the merchant.
● If the LQ Card Account Holder is unsatisfied with the service provided by the merchant or hasn’t received goods promised by the merchant then the Account Holder can raise a dispute with Volopay/ LivQuik after first raising and failing to get redressal of his grievance from the concerned merchant. Any such dispute should be raised within a period of 30 days from the date of the payment.
● LivQuik will be the sole arbitrator in these disputes between the Account Holder and the Merchant. LivQuik will investigate within 7 working days from the receipt of the complaint. The Account Holder may be required to furnish further information as judged suitable by Volopay to rule on the validity of your dispute.
● If the dispute is found valid, the amount charged for the payment will be refunded as per dispute guidelines of the respective network. However, if the dispute is ruled in the favour of the merchant, then your payment will not be refunded to your Account.
All other FAQs and detailed Terms and Conditions can be accessed at:
volopay help centre: https://help.volopay.co/en/
9. RESTRICTED ACTIVITIES
You agree and undertake not to do any one or more of the following:
a). use or upload, in any way, any software or material that contains, or which you have reason to suspect contains, computer virus or other malicious, destructive, or corrupting code, agent, program or macros (including those which may impair or corrupt the Platform Materials or damage or interfere with the operation of any electronic device of any other user or Volopay);
b). post, promote or transmit any materials or information through Volopay which are or may be illegal, misleading, incomplete, erroneous, offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which are otherwise objectionable;
c). use Volopay other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws;
d). impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
e). anything which will amount to a contravention of the Terms and/or any applicable laws and regulations.
You agree that the Company may, at its sole discretion, deny you access to Volopay (or any part thereof) and/or the Platform Materials (whether in part or in whole) for any reason, including where:
a). the Company believes that you have violated or acted inconsistently with any terms or conditions set out herein;
b). the Company and/or any regulatory authority is of the opinion that it is not suitable to continue providing the services relating to Volopay and/or the Platform Materials, whether generally or specifically to you.
11. INTELLECTUAL PROPERTY
a) The Company and its licensor(s) (if any) reserve and retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to the products, services and all content and data contained in or provided on or via Volopay and/or the Platform Materials (including all texts, graphics and logos).
b) You may not do anything that will violate or infringe such intellectual property rights and, in particular, you shall not copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via Volopay and/or the Platform Materials in any form without the prior written permission of the Company and/or its licensor(s) (as the case may be).
c) No part or parts of Volopay and/or any Platform Materials may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of the Company and/or its licensor(s) (as the case may be).
d) Subject to any other applicable terms, guidelines, notices, rules and policies, the Company grants you a non-transferable, non-exclusive, revocable, limited licence to use and access Volopay and the Platform Materials solely for your own personal, informational and non-commercial use, provided that you do not modify any Platform Materials and that you retain all copyright and other proprietary notices contained in the Platform Materials.
e) Save as expressly provided otherwise in the Terms, you acknowledge that you are not granted any licence, interest or right by virtue of your use of or access to Volopay and/or the Platform Materials.
12. LIMITATION OF LIABILITY
a) In no event will Volopay, or its Service Providers, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Volopay under this Agreement during the twelve (12) month period prior to the cause of action. Volopay shall have no liability for any failure or delay due to matters beyond its reasonable control.
b) Cross Border Payment Orders can only be executed if they comply with regulatory standards. We will not be held liable for any damages which could result from the non-execution or defective execution of an Cross Border Payment Order where such non-execution or defective execution is due to the fact that the Customer provided information which was untrue, inaccurate, incomplete or incorrect. In the case of a discrepancy between the Unique Identifier provided by the Customer and any other information, we may, without incurring any liability, rely solely on the Unique Identifier. In such case, the Funds under the relevant Cross Border Payment Order transmitted by the Customer will be deemed to have been transferred to the intended beneficiary. If the Unique Identifier provided by the Customer is incorrect, we will not be held liable for any damages which could result from the non-execution or defective execution of the Cross Border Payment Order so long as Volopay has executed such Cross Border Payment Order in accordance with the indicated Unique Identifier. The Customer will assume sole responsibility thereto and reimburse all costs of Volopay.
c) You acknowledge that Volopay may provide the Services using facilities provided by banks, payment service providers, clearing networks and other third-party payment processing services. No commercial agreement exists between the Service Providers and yourself and each of the Service Providers will accordingly have no direct liability to you.
d) We shall not be liable for any underlying sales transactions occurring on the Platform between either you or a Buyer. It is your responsibility to ensure that you only make payments to or receive payments from persons or entities related to commercial transactions in compliance with your applicable legal obligations. Volopay has no influence on the underlying process of buying or selling goods, and no legal relationship with the Platform or Buyers, and will not be made liable to or in respect of any Buyer or Platform or for the underlying products and/or services being sold or bought, nor for the correct completion of any sale or purchase of goods or services. You assume exclusive responsibility for your product and your obligations to Buyers and Platforms, and shall indemnify and hold Volopay harmless from any claim by any of them against Volopay. The sale of counterfeit goods or goods breaching intellectual property rights can also lead to legal action by rights holders and a potential loss of Funds. If you are in doubt as to the legality of a transaction you should not continue with your payment.
e) You shall solely be responsible for reporting to all applicable government tax authorities all Funds underlying your use of the Services and for the payment of any applicable taxes that apply to such payments as well as any other applicable reporting requirements including, but not limited to, any customs or foreign currency controls. We may request you to provide proof of payment of taxes as and when it considers necessary and appropriate.
f) Neither party shall be held liable or considered to have failed under these rules in case of late or non-performance when their cause is related to a force majeure situation.
g) The maximum liability of Volopay under this Agreement (including any and all claims for breach of this Agreement) for any single event shall not exceed 5% of the Fees collected by Volopay from you for the 12 months immediately before such event. The aggregate maximum liability of Volopay under this Agreement (including any and all claims for breach of this Agreement) for all events shall not exceed 100% of the Fees collected by Volopay from you for the 12 months immediately before such events.
h) Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
You expressly agree to indemnify, defend, save and hold harmless all Relevant Persons from all liabilities, claims and Losses arising out of or in connection with:
a). your Account;
b). the access and use of Volopay;
c). the access and use of the Services, including any Loss incurred or suffered as a result of the Company having to convert any currency;
d). any breach by you of the Terms;
e). any negligent act and/or omission by you in connection with Volopay and/or the Terms, other than through the wilful default or fraud by the Relevant Person.
You acknowledge and agree that any communication and/or document to be sent to you may be by way of electronic communication and you shall be considered to have received any such communication and/or document:
a) at the time of which the email containing such communication and/or document is sent to you or such other time as may be prescribed in the email;
b). at the time of posting (whether through ordinary post or otherwise) such communication and/or document to you or such other time as may be prescribed in such communication and/or document;
c). through such other means at such times as the Company may prescribe from time to time.
a) The Company may, at any time, assign, mortgage, charge or otherwise transfer any or all of our rights and obligations under the Terms without restriction.
b) You may not assign, mortgage, charge or otherwise transfer any of your rights and obligations under the Terms (including the licence granted to you under paragraph 94 above) without the prior written consent of the Company and any attempted assignment mortgage, charge or otherwise transfer in violation of the Terms shall be null and void.
If any provision of the Terms or part thereof is rendered void, invalid, illegal or unenforceable by any legislation to which it is subject or by a decision of a court of competent jurisdiction (“Affected Provision”), the Affected Provision shall be rendered void, invalid, illegal or unenforceable only to that extent and it shall in no way affect or prejudice the enforceability of the remainder of the Affected Provision or the other provisions of the Terms.
No failure or delay to exercise or enforce any right conferred upon the Company under the Terms shall be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Any waiver of any right arising from a breach or non-performance of the Terms or arising upon default under the Terms granted to you shall be null and void unless made in writing and signed by the Company.
If the Terms are translated into a language other than the English language and there is any conflict or inconsistency between such translation and the English text, the English text shall prevail.
19. RIGHTS OF THIRD PARTIES
a) Save for a Relevant Person(s), no person or entity who is not a party to the Terms shall have no right under the Contracts or other similar laws to enforce the Terms or any part thereof, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
b) For the avoidance of doubt, any amendments to the Terms in accordance with the provisions herein shall not require any consent from any person or entity (including any Relevant Person) who is not a party to the Terms.
c) Nothing in paragraph 105 above shall affect the rights of any permitted assignee or transferee under the Terms.
20. GOVERNING LAW AND JURISDICTION
a) The Terms shall be governed by and construed in accordance with the laws of India.
b) In the event of any claim, dispute or difference (“Dispute”) that may arise out of or in connection with the Terms and/or Volopay (including any question relating to the existence, validity of termination of the Terms), you agree to enter into negotiations with the Company in good faith to resolve such Dispute (“Good Faith Negotiations”).
c) Where a Dispute is not resolved within 30 days of the commencement of Good Faith Negotiations, the Dispute shall be referred to and finally resolved by arbitration in accordance with Arbitration and conciliation Act, 1966.
d) The seat of arbitration shall be Bangalore, India.
e) The arbitration shall be conducted by a single arbitrator and wholly in the English language
f) Any decision and/or award made by an arbitrator in accordance with the Terms shall be final and binding on the parties to such arbitration and the parties to such arbitration expressly waive their rights to appeal any such decision and/or award.
21. GRIEVANCE POLICY
We value all our customers, and assure a sincere and transparent approach with all our customers. For the convenience of our customers and to offer optimum support, we, along with our partners, have set up a grievance redressal mechanism and implemented this Grievance Policy for our prestigious customers (“Grievance Policy”). This Grievance Policy aims at minimizing instances of customer complaints and grievances through proper channelized approach, review mechanism and prompt redressal of all customer grievances.
We understand that customer grievances could come in various circumstances like a gap in the promised and delivered service levels. And also due to the genuine technical or communicative errors in the system. Customers have complete authority to share feedback / raise a complaint if they are disappointed with the services rendered by LivQuik.
For the purpose of this Grievance Policy, (i) a customer means user of QuikWallet powered by LivQuik and (ii) a grievance means any gap in the promised and delivered service levels which may be technical or communicative errors. The grievance policy may be viewed here :
Please raise all issues queries here: volopaygpr.livquik.com