Terms And Conditions
These Terms and Conditions are between each Customer (“You”) and PayNest Fintech Limited
(“PayNest”, “Us” “We” or “Our”) in this payment digitalization process. By downloading and
accessing the Platform, You confirm that You are in agreement with these Terms & Conditions
outlined below. These terms apply to the entire Mobile Application and Website and any email
or other type of communication between You and PayNest. Under no circumstances shall PayNest
team be liable for any direct, indirect, special, incidental, or consequential damages,
including, but not limited to, loss of data or profit, arising out of the use, or the
inability to use, the available materials on this site, even if PayNest or an authorized
representative has been advised of the possibility of such damages. If your use of materials
from this site results in the need for servicing, repair or correction of equipment or
data, you assume any costs thereof.
PayNest will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise the resources usage policy at any moment.
Definitions and Key Terms
For these Terms & Conditions:
• “Governing Law” means the Federal laws of the United Arab Emirates applied by Dubai International Financial Centre.
• “Customers”, “you”, “your” shall mean and include any individual that accesses the Platform to avail the Services in order to make payment(s) to a Merchant. Visitors, viewers, subscribers, members, affiliates, or customers are also considered “Customers”. If a Customer is accessing and/or using the Platform on behalf of a customer’s employer or as a consultant or agent of a third party they are parties to this Agreement. Where other services or products, including those of related or third parties, are offered as part of PayNest, then such products and services to the extent they are offered on the PayNest Platform shall also be included in the definition of Platform.
• “Customer” refers to the person that signs up to use the PayNest Services.
• “Device” any Internet connected device such as a phone, tablet, computer, or any other device that can be used to visit PayNest Application or and use the services.
• “Personal Data” any information that directly, indirectly, or in connection with other information, including a personal identification number that allows for the identification or identifiability of a natural person.
• “Services” refers to the service provided by PayNest as described in the relative terms (if available) and on this platform.
• “Third-party service” refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• “Website” PayNest site, which can be accessed via this URL: https://paynest.ae.
Parties to this Agreement
By using the PayNest Platform and accessing all the services, the Customer shall comply and accept these Terms and Conditions. Where the Customer is acting on behalf of another, Customer represents and warrants that Customer has the authority to act on behalf of and bind the other to this Agreement and the Terms. Amendment to these Terms and Conditions PayNest reserves the right to change, amend or update these Terms and Conditions at any moment and such modification shall be effective immediately upon its posting in the PayNest Platform. If Customer continues to use the Platform after any modification is posted, then the Customer shall agree on the amended Terms and Conditions.
Amendment to these Terms and Conditions
PayNest reserves the right to change, amend or update these Terms and Conditions at any moment and such modification shall be effective immediately upon its posting in the PayNest Platform. If Customer continues to use the Platform after any modification is posted, then the Customer shall agree on the amended Terms and Conditions.
Customers, as approved by PayNest, shall have the right to use the Services provided on the Platform. The Services are available only to those Customers who can form legally binding contracts under the applicable law. PayNest advises its customers that while accessing the Platform, they must follow and abide by the Governing Laws. PayNest reserves the right to deny Services to any Customer(s).
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Intellectual Rights & Ownership
The Customer acknowledges and agrees that PayNest owns all legal right, title and interest in and to the Services and the Platform, including any intellectual property rights which subsist in the Services and the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by PayNest that you shall not disclose such information without PayNest prior written consent. Unless you have agreed otherwise in writing with PayNest, nothing in the Terms gives you the right to use any of PayNest trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
PayNest grant you a revocable, non-exclusive, non- transferable, limited license to download, install and use the website & app strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between You and PayNest and they grant you a revocable, non-exclusive, non- transferable, limited license to download, install and use the Mobile Application strictly in accordance with these Terms and Conditions.
Notwithstanding any damages that the Customer might incur, the entire liability of us and any of our suppliers under any provision of
this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service.
To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer.
PayNest may suspend or terminate a customer’s access to the Platform at any time if the Customer breaches these Terms and Conditions. Also, PayNest may terminate or withdraw the use of the Platform at any time at its sole discretion without notice and without having to assign any reason. No Warranty The service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without a warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise. with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied:
The service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without a warranty of any kind. To the maximum extent
permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly
disclaim all warranties, whether express, implied, statutory, or otherwise. with respect to the service, including all implied warranties of merchantability,
fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade
practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the service will meet your
requirements, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet
any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
(i) as to the operation or availability of the service, or the information, content materials or products included thereon;
(ii) that the service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the service;
(iv) that the service, its servers, the content, messages or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
We may display, include, or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
PayNest and the Customers agree that these Terms shall be governed by and construed in accordance with the Federal laws of the Dubai International Financial Centre. In case of any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, the dispute shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre.
Contact PayNest is solely responsible for addressing any question, complaints or claim related to the use of the Application.
For any query, please do not hesitate to contact us via:
• Email: email@example.com
• This Link: https://paynest.ae/contact-us/