BY CLICKING ON THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. USAGE OF THIS WEBSITE BY YOU SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
THE SITE/APP AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH USERS CAN DEPOSIT/ WITHDRAW MONEY; TRANSFER MONEY (SEND/RECEIVE); SHOP ONLINE (ON SELECTED SITES); LOCAL SHOPPING (IN SELECTED SUPERMARKETS, PETROL STATIONS, RESTAURANTS & OTHER OUTLETS); MOBILE RECHARGE; PAY GOVERNMENT UTILITY BILLS (whenever available); RECEIVE SALARY (whenever available); BUY DATA BUNDLE; PAY PRIVATE UTILITY BILLS (whenever available); CHECK TRANSACTIONS HISTORY USING THEIR SMARTPHONES (hereinafter referred to as the “Services”).
IN USING OUR PLATFORM YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE OUR PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING OUR PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1.1 The official language of these terms shall be English.
1.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
1.3 In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
2.3 “Services” mean and include but not limited to Deposit/ Withdraw money; Transfer money (Send/Receive); Shop Online (on selected sites); Local shopping (in selected supermarkets, petrol stations, restaurants & other outlets); Mobile Recharge; Pay Utility Bills – Government; Receive Salary; Buy Data Bundle; Pay Utility Bills – Private; Transactions History.
2.5 “Content” means text, graphics, images, music, software, audio, video, information or other materials.
2.6 “User Content” means all content that a user submits or transmits to be made available through our platform.
2.8 “Collective Content” means User Content and our platform content.
2.9 “SNS” shall mean Social Networking Site such as Facebook, twitter etc.
3.2 Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our platform reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
3.3 If you use our platform on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
3.4 You must not be a competitor of our platform or use our Service for reasons that are in competition with us or otherwise to replicate some or all of the Service for any reason.
4.2 In order to create an account and register with us you shall either create an account with us as mentioned in clause 4.2 (A) below. In future, we may allow you to register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or LinkedIn accounts or Google accounts (each such account, a “Third-Party Account”) for which a notification will be sent to you by us as and when we provide this feature to you. If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by sending us an email at email@example.com Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we disclaim any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
a) In order to sign up and create an account on our platform, you must provide us with certain personal information including personal information such as your full name, E-Mail ID, DOB, National ID/Passport/Any Govt. ID, user id which shall be the mobile number of the user and password (8 to 32 digit password and again 4 digit PIN). For first time log-in they need that 8 to 32 digit Password and from 2nd time onwards 4 digit PIN or your fingerprint will work. In addition, they can choose their finger print or PIN option to authorize any transaction.
4.3 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
4.6 You may not transfer or sell your FastPay (website/app) account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
4.7 Our Services are not available to temporarily or indefinitely suspended Users. Our platform reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
4.8 You can own more than one account on our platform provided you own more than one legal mobile number as the user Id shall be your mobile number.
4.9 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s/app’s policies as stated in the Agreement and all other policies listed on our platform and all other operating rules, policies and procedures that may be published from time to time on our platform by Company.
5.2 Through our app, aggregate payment gateway services, we facilitate you in making payments to our registered billers/merchants (“Merchants”) for paying utility bills and/or getting recharges done from the merchants registered on our platform by using our FastPay wallet or cash cards or e-vouchers made available to you by us.
5.3 We are only acting as an intermediary and all the above mentioned transactions are between the Merchants/Billers and you only.
5.4 We only facilitate the collection of payments from you and facilitate the settlement of such payments to the respective Merchant/Biller.
5.5 We only offer you an online secure platform where you can keep/store your money and use it for recharges and bill payments.
5.6 Through our platform, users shall be able to avail the following services offered by us to the users:-
- a) Deposit/ Withdraw money;
- b) Transfer money;
- c) Shop Online;
- d) Local shopping (in selected supermarkets, petrol stations, restaurants & other outlets);
- e) Mobile Recharge;
- f) Pay Utility Bills – Government (whenever available);
- g) Receive Salary (whenever available);
- h) Buy Data Bundle;
- i) Pay Utility Bills – Private;
- j) Transactions History
- NO LIABILITY:
6.2 We do not make any warranties or representations of any kind, express, statutory or implied as to:
(i) the availability of telecommunication and / or internet services from your provider and access to the services at any time or from any location;
(ii) any loss, damage, or other security intrusion of the telecommunication and / or internet services; and
(iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
6.3 The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge. Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.
- USER ACKNOWLEDGEMENT:
7.2 User acknowledges and agrees that we may use and store the content in accordance with this Agreement and our Privacy Statement, without any obligation by us to pay any fees or be subject to any restrictions or limitations.
7.4 We shall be acting as an intermediary, while providing you payment facilitation services. You agree that our role is limited to facilitating your payment instructions and providing other values added services, if any.
7.5 User acknowledges that in an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Service. If we believe there is suspicious or unusual activity, we may temporarily or permanently suspend your access to the Service. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts.
7.6 User understands and acknowledges that he/she/it is responsible for the accuracy of the information they provide about each payment request made by them, including the Bill Payment Account Information, telephone number, the amount of the transaction, etc.
7.9 The relationship between us and the Merchants/Billers is on principal-to-principal basis. We have no connection or interest of whatsoever nature in the business of the Merchants/Billers. We do not in any manner take part in their business, directly or indirectly and are nowhere concerned or connected to the revenue of the Merchants/Billers.
7.11 It is not our responsibility to monitor in any manner the use of the payment mechanisms by you for purchasing services from the Merchant or aiming your bill payment to the Billers but you shall be using the payment mechanisms at your sole option and risks.
7.12 User acknowledges that when transacting on our platform/transferring funds via our platform etc., he/ she shall at all times comply with all the rules, regulations and laws of Kurdistan Regional Government, Iraq.
7.13 User acknowledges that we shall deduct yearly service charge and transaction fees (which may vary from feature to feature) from the user’s account.
7.14 User acknowledges that we shall collect from user, Bio-Metric data like finger print and authorization of allowing FastPay the use of the Bio-Metric data wherever we see fit.
- MONEY LAUNDERING:
8.1 We are committed to conducting due diligence on our clients and ensuring that all applicable laws and regulations necessary to forestall and prevent money laundering. These include confirming the identity of our sellers/merchants and buyers/users by means of:
- a) Government-issued photo ID;
- b) Proof of residential or business address;
- c) Corporate documentation;
- d) Business registration information;
- e) Tax Identification Document;
- f) Employer Identification Number;
- g) Any other applicable documentation
8.2 Furthermore, we reserve the right to conduct enhanced due diligence on all clients given world-wide approved risk-based policies. Please note that our platform reserves the right to refuse a transaction or deny operation on a client or account at any time should suspicion arise that it may be connected to money laundering, criminal activity or any other predicate offence to money laundering. We will not enter into any business arrangement with anyone or group suspected of or directly involved in money laundering, or where funds have been sources or ends of an illegal activity.
8.3 In the event that our platform receives, during its request for documentation, deceptive documentation, contact details, business description or other false information, we will terminate the offending account and you shall also be liable to indemnify us for the same. Our platform is legally bound to report such misdemeanors to the relevant authorities, and as such the subject, business and its owners may be the subject to a criminal investigation.
8.4 Providing false, doctored, or deceptive documents is considered as fraud and will be treated as such. Tax Evasion and Fraud is a predicate offence to Money Laundering, and therefore, all assets derived from fraudulent transactions or suspicious activity may be seized and forfeited.
- CONFIRMATION OF TRANSACTIONS VIA OUR PLATFORM:
8.1 When your payment instructions are successfully processed with respect to a transaction, we will update your FastPay Account activity and provide you with a transaction confirmation. This confirmation will serve as your receipt.
8.2 We shall not be responsible for any transactions that have not been confirmed to us.
8.3 We shall make available the summary of your transaction history on your FastPay Account. Except as required by law, you are solely responsible for the following:-
(a) Compiling and retaining permanent records of all transactions and other data and
(b) Reconciling all transaction information that is associated with your FastPay Account. If you believe that there is an error or unauthorized Transaction activity that is associated with your FastPay Account, you agree to contact us at email@example.com immediately not later than 02 (Two Hours).
- REDEMPTION OF COUPONS:
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective issuer of the coupon. Coupons are issued on behalf of the respective issuer of coupons. We shall not be held liable for any damages, injuries, losses incurred by the end you by use / non-use of such coupon.
- OFFERS, DISCOUNTS, CASHBACK, USER PROGRAMS:
If you avail any offers, discounts, cashbacks, coupons and you programs, etc. (“Offers”) provided by us or our partner, you are agreeing to comply with and accept the terms and conditions provided in respect of such Offers. Further, you understand that all terms and conditions provided with respect to any Offer shall form part of this Agreement and shall be read in conjunction with this Agreement.
- PROHIBITED USE:
11.1 You are prohibited from using our platform to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
11.2 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
11.3 You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
11.5 You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
11.6 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
11.7 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
11.8 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
11.12 It is possible that any of the user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
11.13 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All right, title, and interest in and to the application and / or website (excluding postings/content provided by the users) is and will remain the exclusive property of us and our licensors. Our platform is protected by copyright, trademark, and other laws of Kurdistan Regional Government, Iraq. Nothing in these Terms gives you a right to use the name of the platform or platform’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the platform or located on the platform.
- INTELLECTUAL PROPERTY RIGHTS:
13.1 Our platform, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this platform. Access to this platform does not confer and shall not be considered as conferring upon anyone any license under any of our platform or any third party’s intellectual property rights. All rights, including copyright, in this platform are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our platform. You cannot modify, distribute or re-post anything on this platform for any purpose.
13.2 The platform names and logos and all related service and our slogans are the trademarks or service marks of our Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this platform. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
13.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of our platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of Kurdistan Regional Government, Iraq. The Contents and software on our platform may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our platform, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Kurdistan Regional Government, Iraq. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our company and is also protected by Copyright laws of Kurdistan Regional Government, Iraq.
13.4 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
13.5 If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice at firstname.lastname@example.org requesting that the material be removed, or access to it blocked, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
13.6 You should assume that everything that you see or read on this application and / or website and / or platform is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our website or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our platform, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our platform which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in our platform is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
- REVIEWS, FEEDBACK, SUBMISSIONS:
14.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on this website or otherwise disclosed, submitted or offered in connection with your use of this application and / or website and / or platform (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
14.2 We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
14.3 Our platform does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Users agree to defend, indemnify and hold harmless our website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
16.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the platform (or any portion of the website/app). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the platform affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the platform, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
16.2 Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement;
- if you attempt to negotiate the actual price privately, avoiding fees;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 3 months of the date of request;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
16.3 If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by us.
16.4 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- GOVERNING LAW:
17.1 This Agreement shall be governed by and construed in accordance with the laws of Kurdistan Regional Government, Iraq, without regard to its choice of law principles.
17.2 The parties consent to exclusive jurisdiction and venue in the state courts sitting in Kurdistan, Iraq.
- RESOLUTION OF DISPUTES AND JURISDICTION:
18.1 In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 The venue for arbitration shall be Kurdistan.
18.3 The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
- MOBILE APPLICATION:
19.3 The following applies to any App Store Sourced Application:
- b) You acknowledge that App store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
19.4 We do not take any guarantee that our service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
19.5 It is your responsibility to use our service in accordance with the usage rules established by your mobile device platform or service provider.
- DISCLAIMERS AND LIMITATION OF LIABILITY:
20.1 Our platform is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
20.2 WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “APP ENTITIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR PLATFORM MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE PLATFORM, OR ANY CONTENT; (II) ANY HARM TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE PLATFORM, OR US; AND/OR (IV) WHETHER THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, ECURE, OR ERROR-FREE BASIS.
20.3 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
20.5 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE APP, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE APP; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
22.2 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT app ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- PRIVACY AND SECURITY:
- NO INSURANCE:
- EXPRESS RELEASE:
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes amongst users or third parties through or on our website.
- USER AGREEMENT AS DEFENSE:
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
25.1 Any notices must be sent at our official e-mail and also by postal mail to us;
Attn: Legal Department, FastPay, Allai Newroz Group Building, Baharka Road, Erbil, Kurdistan, Iraq
25.2 In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
- OUR SERVICE AND GUARANTEES:
Our platform reserves the right to modify or terminate the website’s/app’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website/app does not guarantee continuous, uninterrupted access to the website/app, and operation of the website may be interfered with by numerous factors outside our control.
- FOREIGN JURISDICTION:
- LINKS TO OTHER WEBSITES:
- NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
31.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
31.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
- FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) computer hacking; or
(j) malicious damage.
- DIGITAL SIGNATURE:
33.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
33.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support at email@example.com. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
33.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at firstname.lastname@example.org.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this website.
35.1 Our website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at email@example.com or by clicking the unsubscribe link in our emails sent to you.
- ENTIRE AGREEMENT:
The Agreement, in connection with the other obligations and rules detailed in writing on the website, constitute the entire agreement between you and the website and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the website. Nothing in this subsection will prevent the website from modifying the terms of these Terms and Conditions and posting such
- CONTACT US
37.1 For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org or call on 066 231 0000
37.2 Our Permanent Address is, Allai Newroz Group Building, Baharka Road, Erbil, Kurdistan, Iraq