PayMe Digital for Payment Services Provider
Terms and Conditions

PAYME (“SERVICES”) ARE PROVIDED BY AND ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) AND APPLICABLE LAW.

Additional information regarding the Services may be obtained at, www.payme.tech

 

PayMe provides digital wallets and other technology-based products and services (the “Services”).

 

Use of Website

 

PayMe is not responsible in any manner for direct, indirect, special or consequential damages, however caused, arising out of your use of this Website and/or any web browser, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet. Links to other websites from this Website are for convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content referred to or included in, or linked from or to this Website.

 

Trademarks and Copyrights

 

Copyright in the content of this site and the PayMe mobile application is owned by PayMe, unless otherwise indicated. All rights reserved. The Services are owned and operated by PayMe and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the PayMe Services provided by PayMe (the "Materials") are protected by UAE and international copyright, trade secret, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials, trademarks, service marks, and trade names contained on the PayMe Services are the property of PayMe and/or third-party licensors or suppliers. Users of the Website or Services agree not to remove, obscure, or alter PayMe' or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the PayMe Services. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in this Agreement. Users of the PayMe Website pages (the "Content") shall only be entitled to copy the Content for personal use. Any duplication, reproduction, replication of the Content, in its entirety or any substantial part of it, is strictly prohibited. This includes, but is not limited to, uploading, downloading, and accessing the Content onto the Internet or any other local or international computer system, without the prior written permission of PayMe. Any such unauthorized use constitutes copyright infringement. An acknowledgment of the source must be included whenever PayMe material is copied or published. Any infringement of PayMe's rights will result in appropriate legal action.

 

Email Disclaimer

 

All email communication including messages and any attachments are proprietary and confidential information intended only for the use of the recipient(s) named above. If you are not the intended recipient, you may not print, distribute, or copy this message or any attachments. If you have received any communication in error, please notify the sender by return e-mail and delete the message and any attachments from your computer.

 

PayMe does not send emails for promotional or marketing purposes unless with the consent of the recipient and in accordance with U.A.E. anti-Spam Legislation, unless as a means to contact the individual, verify their identity, reset access credentials, provide account related information as a direct response to customer requests or for other purposes included in “Terms and Conditions ” and not covered by legislation.

 

Information

 

Information provided by PayMe and other sources on this Website is believed to be accurate and reliable when placed on this site. While all measures are taken to verify its contents, we cannot guarantee it is accurate or complete or current at all times. Information on this site is for information purposes only and is not intended to provide financial, legal accounting or tax advice and should not be relied upon in that regard.

 

For additional questions or concerns regarding privacy and legal issues, please email us at: legal@payme.tech

 

 

 

PayMe WEBSITE TERMS AND CONDITIONS

 

These PayMe Terms of Use together with the PayMe Privacy Statement, as may be amended by PayMe from time to time (collectively the ” Agreement”) are an agreement between you as the registrant of the PayMe Services carrying on business as PayMe (“PayMe”) regarding your use of the PayMe mobile platform (the “PayMe Services”), consisting of services, products, software applications (the “PayMe Software”), and websites that allow you to receive, send and spend money directly from supported mobile phones, smartphones, home computers and other devices (each, a ” Device”). The words “you” and “your” mean the person who is enrolled to access the PayMe Services and “we”, “us” and “our” mean PayMe, our successors, assignees, or agents. The effective date of this Agreement is when you accept this Agreement by checking the “I Agree” box and each time you sign in to the PayMe Services.

 

  1. Eligibility

 

THE PayMe SERVICES MUST HAVE ONLY ONE REGISTERED USER PER ACCOUNT AND ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANYONE PREVIOUSLY SUSPENDED OR REMOVED FROM THE PayMe SERVICES BY PayMe. PayMe RESERVES THE RIGHT TO SUSPEND OR REMOVE ANY PERSON FROM USING THE PayMe SERVICES THAT DOES NOT COMPLY WITH THE TERMS OF THIS AGREEMENT OR FOR ANY OTHER

REASON WHATSOEVER. By checking the “I Agree” box, and subsequently, each time you access, browse, download or use the PayMe Services, you represent that you are an individual of at least 18 years of age and have not been previously suspended or removed from the PayMe Services.

 

  1. The PayMe Account

 

We will establish an account ("PayMe Account") for the purpose of providing you with the PayMe Services. You must select a personal identification number ("PIN") and a password ("Password"), and you must at least provide your mobile telephone number ("Mobile Number"), residential address, date of birth, occupation, and your e-mail address to us. Your Mobile Number and e-mail address will be subject to the terms of the consent to the collection, use, and disclosure of your personal information as referred to in Section 5. You agree to keep your PIN and Password confidential and not disclose them to others. You agree not to keep your PIN and Password near your Device. Each person for whom we establish a PayMe Account becomes a "User." A User may only have one PayMe Account at any given time. A PayMe account’s main purpose is to pay bills, acquire virtual payment cards and purchase vouchers. A PayMe Account does not allow you to deposit currency and hold value in cash. It is not a deposit account and it is not insured by the Central Bank or any deposit insurance program in the United Arab Emirates. You agree that we may keep any benefits provided by a financial institution that holds these funds. You may not create a negative balance in your PayMe Account. If a negative balance is ever created, we may, in each case at our sole discretion: (a) apply future Transfers to the negative balance, and you agree to such application, (b) require you to pay to us, on demand, an amount sufficient to cover the negative balance, and you agree to make such payment, and/or (c) obtain funds to correct a negative balance (defined in Section 8) to your PayMe Account, and you authorize obtaining such funds. To the extent that we are unable to apply sufficient amounts to correct such negative balance, we may take action necessary to collect such amounts from you, including collection action or use of third-party collectors, notification of credit bureaus, and the loss of use of your PayMe service. You agree to pay the actual costs of collection, to the extent permitted by law. When your PayMe Account is established, we may provide you with a bonus or incentive, subject to the terms and conditions of any bonus or incentive program in effect and made available to you at the time you register. We reserve the right to terminate any incentive promotional program at any time without notice to you.

 

  1. Verification of Your Identity

 

We will obtain, verify, and record information that identifies each person who registers to use the PayMe Services in accordance with the requirements of the UAE Central Bank Regulation.

What this means for you: When you register to use the PayMe Services, we will ask for identifying information, which may include your name, residential address, date of birth, and other information that will allow us to identify you to our satisfaction. By registering for the service, you also consent to us using third-party sources to verify your identity. If we cannot verify your identity or suspect identity fraud, we will not be able to allow you to use the PayMe Services.

  1. Privacy Consent, Authorization for Inquiries

 

Your privacy is important to PayMe. Please read the PayMe Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information by PayMe in compliance with the UAE Central Bank Regulation.

You consent to PayMe: (a) collecting and using your personal information, as provided on the PayMe registration form and generated in connection with your use of the PayMe Services, for the purposes of (i) opening and administering your PayMe Account and providing you with the PayMe Services, and (ii) providing you from time to time with information about products and services which may be of interest to you (provided that you may edit your profile at any time to opt out of receiving such information) ((i) and (ii) collectively the ” Purposes”); and (b) disclosing your information (i) to third party providers in connection with the purposes, and should you wish to ask for access to your file and/or ask that the information in it be changed, please send a written request to PayMe, attention Privacy Officer, at legal@payme.tech.

 

You authorize us to make any inquiries that we deem appropriate to verify your identity in compliance with the UAE Central Bank Regulation. This may include asking you for additional information, asking you to take steps to verify your control over the telephone numbers, email addresses, or financial accounts you identify, obtaining a credit report, or consulting other databases or sources.

 

When you provide us with deposit account (“Bank Account”) information to assist in the steps to verify your identity, you agree that we may initiate one or more small deposits to the Bank Account you identify (less than $1 each) via Electronic Funds Transfer (“EFT”). We will ask you to identify the deposit amounts associated with such transactions to verify your control over the Bank Account. This authorization applies only to these initial deposits.

During the identity verification process, we will compare personal information that you have provided (such as your name and address) to information contained in your consumer report, which a consumer reporting agency will obtain on our behalf. This information will be used to verify your identity and for no other purpose. This will appear as a soft inquiry on your credit bureau record, but it is not a credit check and will not affect any credit scoring process.

If we are unable to validate your identity through the online process, you will be directed to an alternative, offline process. Provided that we are able to validate your identity in this alternative, offline process you will be able to use the PayMe Services. By proceeding with this process, you agree to the use of your credit report for the purpose of validating your identity only.

 

  1. PayMe Pre-Authorized Debit and Electronic Funds Transfer

 

If you agree to participate in the PayMe Services Pre-Authorized Debit ("PAD") and Electronic Funds Transfer ("EFT") program for personal use only. If you authorize us to draw a debit or make a credit in electronic or other form for the purpose of either funding your PayMe Account using a Funds Transfer PAD (a "PayMe PAD") as defined by the UAE Central Bank Regulation using your registered Bank Account at the financial institution you have indicated (your "Financial Institution") or initiating an electronic funds transfer (a "PayMe EFT") from your PayMe Account to your Bank Account, and you authorize your Financial Institution to honor and pay such debits or apply such EFT credits.

 

This Agreement and your authorization are provided for the benefit of PayMe and your Financial Institution and are provided in consideration of your Financial Institution agreeing to process debits and credits on your Bank Account in accordance with the UAE Central Bank Regulation. You agree that any direction you may provide to draw a PayMe PAD or allow PayMe EFT in accordance with this Agreement shall be binding on you as if signed by you.

 

Subject to the terms of this Agreement, you may revoke or cancel this Agreement at any time upon notice being provided by you in writing. You acknowledge that in order to revoke or cancel the authorization provided in this Agreement, you must provide notice of revocation or cancellation to PayMe in accordance with the notice provisions.

 

This Section 5 applies only to the method of payment, and you agree that revocation or cancellation of this Agreement does not terminate or otherwise have any bearing on any contract for goods or services that has been made before the revocation becomes effective or on your purchases of goods or services including any matter related to the delivery or quality of the same. You agree that your Financial Institution is not required to verify that any PayMe PAD or PayMe EFT has been drawn or credited, respectively, in accordance with this Agreement, including the amount, frequency and fulfillment of any purpose of any PayMe PAD or PayMe EFT.

 

You agree that we may deliver this Agreement to our financial institution, and you agree to the disclosure of any personal information in or which forms part of this Agreement to such financial institution.

Because you initiate each transaction and will control the amount of each PayMe PAD or PayMe EFT, you waive the right to receive advance notice from PayMe of the payment amount to be debited or credited from/to your Bank Account before the payment date of PayMe PADs or PayMe EFTs drawn or credited, respectively, on your Bank Account.

You may dispute a PayMe PAD by providing a signed declaration to your Financial Institution under the following conditions:

  1. The PayMe PAD was not drawn in accordance with this Agreement; or
  2. This Agreement was revoked or cancelled.

You certify that all information provided with respect to the Bank Account and/or Credit & Debit Card is accurate. You agree to inform us of any change in your Bank Account information provided in or which forms part of this Agreement at least ten (10) business days before the change takes effect by:

  1. removing your Bank Account and Card details by accessing the “My Profile” tab on the PayMe Mobile APP or by emailing PayMe at legal@payme.tech.
  2. if you want to continue using the PayMe PAD and EFT Program, adding a new Bank Account or revising your Bank Account details through the “My Profile” tab on the PayMe website and confirming the Bank Account using our identity verification process as described above.

 

You warrant and guarantee that the person(s) whose signatures are required to sign on the Bank Account have agreed to this Agreement and that you have full capacity to do so. In addition, you warrant and agree that you have the authority to electronically agree to commit to this Agreement by secure electronic signature and that your secure electronic signature conforms to the requirements of the UAE Central Bank Regulation.

 

You agree to comply with the UAE Central Bank Regulation or any other rules or regulations which may affect the services described herein, as may be introduced in the future or are currently in effect, and you agree to execute any further documentation which may be prescribed from time to time by the UAE Central Bank in respect of the services described in this Agreement.

 

  1. Linking Bank Account and Credit & Debit Card Usage

 

In selected countries, you can link deposit accounts with financial institutions ("External Accounts") to your PayMe Account. Linking an eligible bank account allows you to use the PayMe Services to settle payments. A linked Bank Account must be a depository institution and must be accessible through the Electronic Funds Transfer (EFT) system. We do not have control over or liability for your Bank Account.

 

The platform will accept bank cards (credit and debit) from your country of residency, in accordance with the UAE Central Bank Regulation.

 

  1. Transfers and Payments

 

In this Agreement, a “Transfer” means moving funds to the PayMe Account to settle Payments. In order to make a Transfer, you must access the PayMe Services from a Device using your username and PIN or Password. All Transfers are in US dollars or your local currency, depending on the country you are registered to use PayMe in. We reserve the right to refuse your requests for Transfers, and we reserve the right to limit or block or reverse Transfers, including for the reasons including any Transfers we may deem suspicious or any other reasons set forth in this Agreement. YOU HEREBY AGREE TO RELEASE PayMe FROM, NOT TO MAKE, AND IRREVOCABLY WAIVE ANY RIGHT YOU OTHERWISE MIGHT HAVE TO MAKE, ANY CLAIM IN CONNECTION WITH ANY SUCH REFUSAL, LIMITATION OR BLOCK.

 

  1. Transfer Limits

 

There are limits on the type, amount, and frequency of Transfers that you can make. To view the Transfers you can make and applicable limits. These limits apply at the time you request a Transfer and at the time a transfer is completed. Once you reach a particular Transfer limit, your ability to make that kind of Transfer may be suspended. In addition, your ability to Unload to a particular External Account may be suspended if a Transfer to or from that External Account is rejected or fails for any reason. YOU HEREBY AGREE TO RELEASE PayMe FROM, NOT TO MAKE, AND IRREVOCABLY WAIVE ANY RIGHT YOU OTHERWISE MIGHT HAVE TO MAKE, ANY CLAIM IN CONNECTION WITH ANY SUCH LIMIT OR SUSPENSION.

 

For security reasons, there may be additional limits on the number and amount of Transfers you can make using the PayMe Services. For example, your access to funds in your PayMe Account or your ability to use the PayMe Services may be limited if you fail to provide us with adequate identity verification information. These restrictions generally will be lifted once you provide adequate identity verification information. We may increase applicable limits at our discretion as you continue to use the PayMe Services, subject to such conditions and requirements as we determine. PayMe WILL NOT BE LIABLE TO YOU FOR FAILING TO ENFORCE ANY OF THESE LIMITS.

 

  1. Authorization for Transfers

 

When you link your External Account with PayMe, you are affirming that you have all necessary rights and authority to obtain funds from that External Account. Each time you initiate or accept a Transfer through the PayMe Services you also are providing your authorization for us to debit or credit the accounts involved to complete the Transfer, to correct any errors in the Transfer and to resubmit any Transfer that is rejected by the Financial Institution that holds the External Account. You also authorize us to debit your PayMe Account, or your External Account, if a sender did not have sufficient good funds to pay for a Transfer that was credited to you, by the amount necessary to pay for such Transfer. All Transfers must comply with UAE law. Your authorization will remain in full force and effect until you provide us with notification of your termination of this authorization in such time as to afford us and the Financial Institution that holds your External Account a reasonable opportunity to act on it. You may provide such notification via email at customer.support@payme.tech

 

  1. Effect of Transfers

 

Once you request a Transfer, your request may not be changed, withdrawn, or cancelled by you. PayMe IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY OTHER PARTY TO A TRANSFER. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PARTY, AND AGREE NOT TO INVOLVE PayMe IN SUCH DISPUTES.

 

  1. Information about Your PayMe Transfer History

 

You can obtain your PayMe Account information about the completed Transfers you made for the last 24 months (“Account History”), accurate up to the day of the inquiry, through the PayMe website.

 

  1. Fees

 

In addition to the fees that we charge, you acknowledge that you may also be required to pay fees and charges to others in connection with your use of the PayMe Services. For example, your mobile carrier may impose charges for applicable airtime, data, usage fees and collect taxes for your use of the PayMe Services through a mobile Device. Check your wireless plan for full details.

 

  1. Account Passwords, Unauthorized Transactions and Risk of Loss

 

You represent and warrant that the information you provide to us on registration and at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

If you have reason to believe that your PayMe Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your PayMe username, PIN, Password, or any prepaid card number, if applicable), then you agree to immediately notify us by emailing PayMe Customer Care at customer.support@payme.tech.

 

IN THE EVENT OF A LOSS, THEFT OR UNAUTHORIZED DISCLOSURE OF YOUR PayMe USERNAME, PIN, PASSWORD, OR ANY PREPAID CARD NUMBER (IF APPLICABLE), THERE IS A RISK YOU COULD LOSE MONEY FROM YOUR BANK ACCOUNT OR CARD IF YOU DO NOT CONTACT US IMMEDIATELY. YOU AGREE TO ACCEPT THIS RISK.

 

  1. No Agency or Partnership

 

PayMe is exclusively an independent contractor and is not your agent or partner.

 

  1. Termination; Agreement Violations

 

You agree that we, at our sole discretion, for any or no reason, and without penalty, may suspend or terminate your PayMe Account (or any part thereof) or your use of the PayMe Services. We may also at our sole discretion and at any time discontinue providing access to the PayMe Services, or any part thereof, with or without notice. You agree that any termination of your access to the PayMe Services or any PayMe Account you may have may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the PayMe Services and to uninstall and/or destroy all copies of the PayMe Software, any accompanying documentation, and all other associated materials.

 

If your PayMe Account is terminated as described above, or dormant, we may close your PayMe Account and you must immediately repay any amount due on your PayMe account, plus any applicable fees.

 

You may terminate this Agreement at any time by calling emailing PayMe Customer Care at customer.support@payme.tech, or by providing written notice to us, uninstalling all copies of the PayMe Software on your computer and/or Device, destroying all copies of the PayMe Software in your possession, discontinuing use of any and all parts of the PayMe Services, and discarding of any PayMe issued prepaid card or voucher that had been issued to you.

 

  1. Ownership; Proprietary Rights

 

The PayMe Services are owned and operated by PayMe and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the PayMe Services provided by PayMe (the “Materials”) are protected by U.A.E. copyright, trade secret, patent, and trade-mark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and PayMe, all Materials, trademarks, service marks, and trade names contained on the PayMe Services are the property of PayMe and/or third- party licensors or suppliers. You agree not to remove, obscure, or alter PayMe’ or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the PayMe Services. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in this Agreement.

 

If you have comments regarding the PayMe Services or ideas on how to improve it, please contact us through the Contact Us web page or by emailing PayMe Customer Care customer.support@payme.tech. Please note that by doing so, you hereby irrevocably assign to us, and shall assign us, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith, and hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

 

  1. Indemnification

 

You agree to indemnify, save, and hold PayMe and its affiliates and their respective directors, officers, subcontractors, employees, agents, third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the PayMe Services, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, including rights to settle, and you agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

 

  1. Disclaimer; No Warranties

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PayMe AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PayMe SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY AGREE THAT USE OF THE PayMe SERVICES IS AT YOUR SOLE RISK. THE PayMe SERVICES AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PayMe SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE, WITH ALL FAULTS BASIS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PayMe, AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, PayMe SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE PayMe SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

PayMe AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PayMe SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE PayMe SERVICES (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

 

  1. Limitation of Liability and Damages

 

IN NO EVENT WILL PayMe, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO: (I) THIS AGREEMENT, (II) THE PayMe SERVICES OR ANY REFERENCE SITE, (III) YOUR USE OR INABILITY TO USE THE PayMe SERVICES (INCLUDING WITHOUT LIMITATION ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER PayMe USER IN CONNECTION WITH THE PayMe SERVICES, EVEN IF PayMe OR A PayMe AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PayMe, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND SUPPLIERS MAXIMUM CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) THE PayMe SERVICES, (III) YOUR USE OR INABILITY TO USE THE PayMe SERVICES (INCLUDING ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH PayMe OR ANOTHER PayMe USER, HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE PORTION OF THE PayMe SERVICES GIVING RISE TO THE CAUSE OF ACTION OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT PayMe HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PayMe, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PayMe. PayMe WOULD NOT BE ABLE TO PROVIDE THE PayMe SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

 

 

 

  1. Modification of this Agreement

 

We reserve the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the PayMe web site, www.payme.tech otherwise communicating the notification to you pursuant to Section

 

    1. The changes will become effective, and shall be deemed accepted by you, upon your first access to, or browsing, downloading or use of the PayMe Services subsequent to such notification. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the PayMe Services.

 

    1. Contact Support, Notices, Electronic Communication and Documents

For the purposes of this Agreement, any required call to PayMe Customer Care must be made during business hours which are posted on our website at www.payme.tech.

We may provide you with notices and communications by e-mail, regular mail or postings on the PayMe website www.payme.tech or by any other reasonable means. You hereby consent to the exchange of information and documents between us electronically over the Internet at this website or any successor website (the ” Website”), or by e-mail. This electronic Agreement shall be the equivalent of a written paper agreement between you and us.

By consenting to receive information and documents electronically at this Website and via e-mail, we may send you the following information   and    documents    electronically (collectively the “Electronic Documents”):

Electronic Documents shall be deemed received by you when they are posted on this Website or received by your internet service provider’s mail server, even if you have not retrieved your e-mail. You acknowledge your receipt, review, understanding and acceptance of the Electronic Documents by your use of the PayMe Services.

You can request not to receive the Electronic Documents by contacting us by e-mail at www.payme.tech. Your request will be effective upon receipt by us.

However, if you request not to receive the Electronic Documents which are essential to providing the PayMe Services or which relate to the PayMe Terms of Use, you will no longer be able to use the PayMe Services. THIS AGREEMENT WILL THEN BE TERMINATED. Such request will not affect the validity, application or enforceability of this Agreement prior to the effective time of the withdrawal, or any services or transactions that were commenced prior to the request. You can update your contact information for the PayMe Services through the ” My Profile ” tab on the PayMe website.

 

 

  1. Waiver

 

The failure of PayMe to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by PayMe.

 

  1. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of U.A.E., without giving effect to any principles of conflicts of law.

 

  1. Arbitration

 

In this Arbitration section:

 

Any Claim between you and us shall be finally resolved by binding arbitration.

We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own lawyer, expert and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.

 

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER ANY STATUTE GOVERNING ARBITRATIONS CONDUCTED UNDER THIS AGREEMENT).

The parties acknowledge and agree that this arbitration agreement shall be governed by various provincial statutes governing arbitrations. This Arbitration section shall survive the termination of this Agreement.

 

  1. Severability

 

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

 

  1. Assignment

 

This Agreement and any rights granted hereunder may not be transferred or assigned by you without our prior written consent which may be withheld in its sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

 

  1. Survival

 

Upon termination or expiry of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to Transfers and the relationship prior to such termination or expiration, including, but not limited to all Sections.

 

  1. Headings

 

The heading references herein are for convenience purposes only, do  not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

 

  1. Entire Agreement

 

This Agreement is the entire agreement between you and PayMe relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by PayMe.