These terms and conditions apply to each user of this website and its applications, whether legal or natural persons contracting with Upayments to collect third-party funds in an amicable capacity of “website owner” through this website and all its applications on iPhone, iPad, Android devices, or any device connected to the Internet browser and these terms and conditions are considered obligatory to all users and Upayments is entitled to amend it whenever it deems necessary, and if the user signs in the website after amendments, this is considered approval of such amendments.

Website Purpose and Services Description

This website aims to provide an accessible service to the owners of business of all kinds and fields to electronically collect their bills.

Website’s Membership System

Each subscriber (business owner) who uses the services of upayments.com will obtain a “username” and a “password” from upayments.com. As for the subscriber’s customer, he obtains bill payment information from the business official subscribing in the service of upayments.com through the payment link.

When using the website, the user ensures that any personal information provided by him or available on him is correct, accurate, valid and complete in all aspects and that he will inform the website’s management of any changes that may occur to his personal information upon their occurrence by updating his membership information on the website or through contacting the website management. He agrees not to impersonate any third person or party, or to use a false name or a name that he is not authorized to use. The user also declares that the company is entitled to claim compensation from him, in the event of any damage to the company resulting from not updating his details.

The members’ passwords shall be kept strictly confidential at all times and shall not be shared or disclosed to anyone else. The user is responsible for all activities that occur or that are provided through his membership.

In the event that he knows or suspects that there is a person who knows his password, he shall immediately notify the website’s management of this.

Any of the website users may not use it for any unlawful or unauthorized purpose that may cause damage to the company or the website or try to obtain unauthorized access to this website or to the networks connected to it, through hacking, deception or any other similar means.

The debit / credit cards used by the user to pay through the electronic payment gateway on the website or applications of upayments.com shall be personally owned by him, but if the card is owned by another person, the user shall use it legally with the consent of the card owner.

The user may not sign in or use the website for any purpose other than that which is provided by upayments.com. It is not permissible to use the website in connection with any commercial interests, except for those that have been specifically authorized or approved by the website’s management, and in the event that the user commits any prohibited activities, the website’s management is entitled to suspend, prevent or terminate the user’s membership and prevent his access to the service. The company and the website management are entitled to claim material compensation for any misuse of the website’s services and to take whatever it deems appropriate to compensate for the damage to the company’s workflow.

Website’s Management Authority

The website management may stop its operation temporarily or permanently whenever it desires without this entailing any rights for its users or any third party.

The website’s management owns all copyrights arising from the ownership of information, documents, software, designs, graphics, etc., which it produces by itself or purchases it from third parties.

The website’s management is not obligated to change the information related to the bill’s value and other related information that is provided through the website, as the business manager or the managing company is obligated to do so, and the website’s management is not responsible for any damages that may be caused to any user as a result of not updating this information.

The website’s management may make any changes to the enforcement of this agreement and may amend the current articles or add new articles that may require compliance with any technical instructions or legal regulations to be issued in the future.

This website may be unavailable at some times to allow maintenance and updating operations, and the website’s management will seek to inform its users in advance of the unavailability of any mentioned service, but this cannot be ensured and the website’s management reserves the right to amend or withdraw the service at any time.

Validity of Upayments.com Records

In the event of disputes that may arise between the website’s management and its users, the user agrees in advance and declares that the introduction of any electronic restrictions and records are reliable evidence, and the user declares that he waves in advance all kinds of objections to the website’s records, as such records are duly maintained in accordance with the law.

The website’s management is entitled, according to its discretion and absolute authority, to edit, change or maintain any of the entered contributions or information, even after terminating the contract with the owner or business manager.

Governing Law & Jurisdiction

The terms of this website are governed by and construed in accordance with Kuwaiti law. The disputes arising and relating to the website’s current terms (including non-contractual disputes) will subject to the exclusive jurisdiction of the courts of Kuwait.

Severability

In the event that any part of the current terms and conditions of use is considered illegal, invalid or unenforceable for any reason, then this term or condition will be considered separable from the remaining terms and conditions and will not affect the validity and enforceability of any of the remaining terms of the current conditions of use. No waiver on the part of the website’s management on any violation of these terms and conditions by the user will not be construed as a waiver of any previous or subsequent violation of any term or condition.

Mistakes

In the event that the company deposits an excess amount in his account by mistake, the subscriber shall inform the company upon his knowledge of this. He shall also return any amounts deposited in his account by mistake within a maximum period of 10 business days, and he declares his knowledge of the company’s right to claim material compensation, in the event that he fails to return the amount within the aforementioned period.

Liability Determination

To the extent permitted by law, the website’s management provides this content and the website as it is or as it becomes available to it later and does not provide any declaration or guarantee of any kind, express or implied, regarding the content or availability of this website, or that it will be on time or free of mistakes, and that the defects will be corrected, or that the website or server providing it is free of viruses or other harmful elements.

Subject to the previous paragraph, the website’s management, officials, agents and employees have no responsibility for any direct or indirect losses or damages that may occur to its users as a result of any failure or inability to use this website.

Compensation

The user declares his full liability for his use of the website and shall compensate the website’s management for any damages that may occur to it as a result of using the website in violation of the terms of its use or any acts that may harm the website or its management, and the company is entitled to take the action it deems appropriate to compensate for misuse.

The prices and cost of services are provided on the company’s website. The company may consider giving a lower price to any subscriber, depending on the volume of activity

Cashback Policy

Upayments allows its registered merchants to post their own cashback, cancellation and amendment policy. It shall be provided to the customer during the purchase process, whether on the merchant’s payment page on his website or application or through Upayments pages.

The funds are transferred to the customer’s bank or credit card within 3 to 15 business days. The process may sometimes take longer, as the case may be.

The cost of cashback depends on the type of payment process and the currency of beneficiary’s account. The commission, if any, is deducted from the merchant. Upayments in all cases displays the cashback value.

Upayments allows the merchant to return the amount to the customer through his company’s account, by depositing the amount to the merchant.

In the event of a complaint from a customer against a merchant registered with Upayments, the company is entitled to review the merchant’s profile and study the case, and take the necessary action according to its own discretion, either to compensate the customer, suspend the merchant’s account or reject the claim due to its invalidity.

The funds settlement period depends on the bank, region and agreement. In the event that you do not receive your funds within the determined settlement period, kindly contact finance@upayments.com for verification.

In the event that an amount is deducted from the customer’s card more than once due to a technical mistake, or in the event that an excess amount is deducted from the customer’s account for any reason, the excess amount will be refunded to the customer with the exception of payment gateway fees.

The customer shall submit a cashback request along with the transaction number, payment receipt and any other information available via email to finance@upayments.com.

 Upayments does not bear any responsibility or liability in the event that the amount does not reach the customer due to providing it with insufficient, inaccurate or incorrect information. The company also does not bear any responsibility or liability in the event of circumstances beyond the company’s control that prevent transferring the amount to the customer.

Upayments reserves the right to suspend or terminate the merchant account (in whole or in part) at any time, according to its own discretion, with or without notice, and the company will not be liable towards customers or any third party for any such termination. In the event of termination for any reason, the merchant agrees to immediately stop using the services.

Upayments reserves the right to refer any merchant suspected of their activities and actions to the appropriate law enforcement authorities. 

Privacy Policy

Our privacy policy describes the methods we use to collect, store, use and protect your personal information. The “personal information” means for us information related to a specific person that can be used to identify that person. We consider that the anonymous information cannot be used to identify a specific person.

You agree to this privacy policy when you register, access or use our products, services, content, elements / features, technologies or events displayed on our website or applications and services (Upayments services).

By providing us with your personal information, you expressly consent to our processing your personal information in accordance with the terms of our privacy policy.

We may amend our privacy policy at any time by posting an amended version on our website, upayments.com, and the amended version will take effect at the time of post, and your continued use of Upayments services shall constitute an explicit consent to our continued processing of your personal information in accordance with the terms of the latest version of our privacy policy. In the event that the amended version includes a material change, we will notify you in advance by posting a notice of the change on our website.

Kindly review this privacy policy periodically to ensure that you are satisfied with any potential changes.

• To start using a service of Upayments, you will be required to provide us with specific personal information, such as name, email address, phone number and other identity’s information that we may include with your personal information. In the event that you register for a fund collection account in any of the services of Upayments, we will have to ask you to provide us with a legal proof of identity (for example, a copy of your passport, a commercial registration certificate, your national identity card).

You shall confirm that the email address that you registered with us is always up-to-date, so that we can contact you with important information related to your account.

Your Internet Protocol (IP) address, information about your computer (for example, browser type) and browsing information (for example, the pages you visit on our website, as well as the times you visit the website) may be tracked.

We may collect information about you in other ways that are not specifically mentioned / explained here. For example, we may collect information related to your communication with our customer support team or information related to the device that you use to access our services and how secure it is to access our services.

• We use your personal information to provide and improve the services of Upayments. We may also use your personal information to identify and prevent illegal activities and apply our company terms and conditions.

We may share some of your personal information that you provided to us with banks or processing and verification services for fraud identification purposes. In such circumstances, we may need to request proof of identity from you or your customer.

We may also have to disclose your personal information to governmental authorities such as law enforcement authorities or other third parties wherever we are required to do so, in the event that we cooperate with an ongoing law enforcement investigation, or if we believe that such action is necessary to prevent material damage or financial loss, or to report non-legal activity or to investigate a violation of the terms and conditions of our website.

We may share your personal information with third parties for the following purposes:

• Fraud Prevention and Risk Management: to assist in fraud prevention or risk assessment and management.
• Customer Service: To aim to serve customers, including servicing your accounts
• Shipping: The services related to purchases made using Upayments.
• Legal Compliance: To assist an authority to comply with the verification requirements of AML / CFT.
• Other third parties to improve your experience, process your order, or for the purposes of marketing our products.
• If your personal information changes in any way, if it is displayed in a wrong way on your customer account or if you desire to amend it for any other reason, you shall immediately update, amend or correct your personal information (wherever possible) through the account page on Upayments.

In the event that you desire to deactivate your account in any of the services of Upayments, you will have to contact the customer support team at support@upayments.com.

In the event that you disactivate your account with us, we may need to maintain your personal information in order to comply with the law or to assist with any legal investigation or avoid any fraud.

• Upayments has no control over the practices of the websites using its payment gateway. Kindly note that the merchants you deal with have their own privacy policies, and you shall review these policies in case when dealing with them.
• If you have questions about our privacy policy, kindly contact our technical support team at support@upayments.com.
• You can easily unsubscribe from most emails we send to you, but there are some exceptions. Emails that you cannot prevent from receiving contain important information that we must make sure they reach you. These emails include:

•  Notices about changes to the terms of service
•  Notices about changes to the privacy policy
•  Welcome emails that you receive when you register for a product or service from Upayments
•  Receipts for paid bills
•  Notices about service disruptions
•  Notices related to account security and maintenance
•  Legal notices

You can unsubscribe from all other types of notices. They include:

•  Marketing emails
•  Newsletters