These Terms of Use are entered into by and between You and omnispay which offers a platform to small and medium enterprises/individuals that facilitates them to make/receive payments (together with its subsidiaries and affiliated companies, “omnispay” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.omnispay.com and all associated pages/dashboard and services, including any content, functionality, and value-added services offered therein (the “Website”) and/or (the “App”), whether as a guest or a registered user (the ‘Services”).

Please read the Terms of Use carefully before you start to use the Website and/or the App. By using the Website and/or the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (“Privacy Policy”), found at www.omnispay.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website and/or the App.

This Website and/or the App is offered and available to users who are 18 years of age or older and reside in the United Arab Emirates. By using this Website and/or the App, you represent and warrant that you are of legal age to form a binding contract with omnispay and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website and/or the App.
Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and/or the App thereafter. Your access/use of the Website and/or the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and/or the App

We reserve the right to withdraw or amend these Terms of Use, and any service or material we provide on the Website and/or the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website and/or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and/or the App, or the entire Website and/or the App, to users, including registered users.
We reserve the right to limit or terminate your access to any of the foregoing at any time, without notice if you fail to comply with these terms or if we determine in our sole discretion that it is in our legitimate interest to do so. You may also request us to close your account with us. Any termination/closure of your account will be without any liability of payment or otherwise by us to you.
You are responsible for:

Making all arrangements necessary for you to have access to the Website and/or the App; and ensuring that all persons who access the Website and/or the App through your internet connection are aware of these Terms of Use and comply with them.
To access the Website and/or the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and/or the App that all the information you provide on the Website and/or the App is correct, current, and complete. You agree that all information you provide to register with this Website and/or the App or otherwise, including, but not limited to, through the use of any interactive features on the Website and/or the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and/or the App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and/or the App and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by omnispay, its licensors, or other providers of such material and are protected by United Arab Emirates’ and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website and/or the App for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes;
(c) You may print or download one copy of a reasonable number of pages of the Website and/or the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
(d) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:

(a) Modify copies of any materials from this site;
(b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
(c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use any part of the Website and/or the App or any services or materials available through the Website and/or the App in furtherance of any separate commercial enterprise.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and/or the App in breach of the Terms of Use, your right to use the Website and/or the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website and/or the App or any content on the Website and/or the App is transferred to you, and all rights not expressly granted are reserved by omnispay. Any use of the Website and/or the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Fee
You authorize us to charge you such fee as nominated by us for using any omnispay Services. Any such fee once paid shall be non-refundable in any case.

Security for Default
To secure your performance and to protect us against the risk of reversals, chargebacks, or any other risk, exposure and/or liability related to your use of the Services, as a condition of our agreement to accept your application, if requested by us, you will provide and maintain with us a security for default (“Security for Default”) at all times during the term of these Terms of Use. We may from time to time review the security requirements in relation to your use of the Services and may adjust such security requirements as determined by us in our absolute discretion. Any security provided by you must be in a form and substance satisfactory to us. You must (and authorises us to) at your cost do all such acts and execute all such documents as may be necessary or reasonably requested by us in order to create, register, perfect, and exercise its rights under any such security in the manner and with the priority required by us.
Chargeback policy for Invoice payments by you

You agree that once the payment has been made by you, no refunds, cancellations or chargebacks of the payment will be permitted via omnispay systems. omnispay has no involvement in the relationship between you and your Supplier and hence has no ability to determine whether your request for a Refund/Chargeback is legitimate or not. You agree to indemnify omnispay in respect of any claims, disputes, penalties, cost and expenses arising directly or indirectly in relation to Refunds or Chargebacks for all transactions initiated on omnispay
Chargeback policy for payments made by your customer

You agree that payment collected from a customer via “Get paid” in respect of which the Customer or Issuing Bank raises a claim, demand, dispute or chargeback on omnispay for any reason whatsoever shall be your sole financial responsibility. The Chargeback shall be processed as per the set processes of omnispay’s service providers. Once the Chargeback is received you are deemed to make payment of the Chargeback amount as the case may be without any demur or protest, dispute or delay. You shall make the Chargeback payment amount within 24 hours from the time of receiving the request. You hereby also agree that all Chargebacks shall be your sole responsibility and omnispay shall not be liable for any claims or disputes which may arise in connection with Chargebacks. You agree to indemnify omnispay in respect of any claims, disputes, penalties, cost and expenses arising directly or indirectly in relation to Refunds or Chargebacks for all transactions initiated on omnispay
Trademarks

omnispay’s name, the omnispay logo, and all related names, logos, product and service names, designs, and slogans are trademarks of omnispay or its affiliates or licensors. You must not use such marks without the prior written permission of omnispay. All other names, logos, product and service names, designs, and slogans on this Website and/or the App are the trademarks of their respective owners.
Prohibited Uses

You may use the Website and/or the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and/or the App:

(a) in any way that violates any applicable federal, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from United Arab Emirates or other countries);
(b) to impersonate or attempt to impersonate omnispay, a omnispay employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
(c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and/or the App, or which, as determined by us, may harm omnispay or users of the Website and/or the App, or expose them to liability.
Additionally, you agree not to:

(a) use the Website and/or the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website and/or the App, including their ability to engage in real time activities through the Website and/or the App;
(b) use any robot, spider, or other automatic device, process, or means to access the Website and/or the App for any purpose, including monitoring or copying any of the material on the Website and/or the App;
(c) use any manual process to monitor or copy any of the material on the Website and/or the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
(d) use any device, software, or routine that interferes with the proper working of the Website and/or the App;
(e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and/or the App, the server on which the Website and/or the App is stored, or any server, computer, or database connected to the Website and/or the App;
(g) attack the Website and/or the App via a denial-of-service attack or a distributed denial-of-service attack; or
(h) otherwise attempt to interfere with the proper working of the Website and/or the App
You hereby grant us a worldwide, royalty-free, non-exclusive license to:

access information held in your account relevant for the processing of a transaction, including invoice/payment details;

access and use all information provided to us by you; and

to disclose that information (including information generated in relation to any payment transactions) to our payment processors and third parties (including banks) for the purpose of providing our Services, processing payments or ensuring or facilitating compliance with laws.
Reliance on information posted

The information presented on or through the Website and/or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or the App, or by anyone who may be informed of any of its contents.
Changes to the Website and/or the App

We may update the content on this Website and/or the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and/or the App may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website and/or the App

All information we collect on this Website and/or the App is subject to our Privacy Policy. By using the Website and/or the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and/or the App and Social Media Features

You may link to our Website and/or the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website and/or the App may provide certain social media features that enable you to:

(a) link from your own or certain third-party websites to certain content on this Website and/or the App; or
(b) cause limited portions of content on this Website and/or the App to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(a) establish a link from any website that is not owned by you;
(b) cause the Website and/or the App or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
(c) link to any part of the Website and/or the App other than the homepage; or
(d) otherwise take any action with respect to the materials on this Website and/or the App that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website and/or the App

If the Website and/or the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website and/or the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions

The owner of the Website and/or the App is based in the United Arab Emirates. We provide this Website and/or the App for use only by persons located in the United Arab Emirates. We make no claims that the Website and/or the App or any of its content is accessible or appropriate outside of the United Arab Emirates. Access to the Website and/or the App may not be legal by certain persons or in certain countries. If you access the Website and/or the App from outside the United Arab Emirates, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties

You acknowledge and agree that omnispay acts as an intermediary to facilitate payments, and is not a party to any agreement to buy, sell or provide goods or services. When you make any transaction on the Website/App with a third party, you are entering into a direct agreement with such party independent of these Terms of Use.

Other than the obligations expressly set out in these Terms of Use, omnispay is not responsible or liable to you for any failure by a third party to comply with these Terms of Use or any other legal obligations, or for any delay or failure in payments due from any third party to you, nor for any obligations you and/or any other third party are required to perform under a contract (including with respect to the supply of goods and services).
You understand that we cannot and do not guarantee or warrant that our Website and/or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website and/or the App for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND/OR THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP IS AT YOUR OWN RISK. THE WEBSITE AND/OR THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OMNISPAY NOR ANY PERSON ASSOCIATED WITH OMNISPAY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND/OR THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER OMNISPAY NOR ANYONE ASSOCIATED WITH OMNISPAY REPRESENTS OR WARRANTS THAT THE WEBSITE AND/OR THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE AND/OR THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, OMNISPAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OMNISPAY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND/OR THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE AND/OR THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification

You agree to defend, indemnify, and hold harmless omnispay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and/or the App, including, but not limited to, any use of the Website and/or the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website and/or the App.
Governing Law and Jurisdiction

All matters relating to the Website and/or the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Dubai without giving effect to any choice or conflict of law provision or rule.
In case of any dispute, the same will be referred to the Chief Executive Officer (CEO) of omnispay. In case of failure to resolve the matter within 15 days, the parties may refer the dispute to the courts of Dubai. Notwithstanding, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability

No waiver by omnispay of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of omnispay to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and omnispay regarding the Website and/or the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or the App.
Your Comments and Concerns

This website and/or the App is operated by omnispay. All other feedback, comments/complaints, requests for technical support, and other communications relating to the Website and/or the App should be directed to: support@omnispay.com.