TERMS & CONDITIONS
valid as of 17th of July 2021
Thank you for using BPay. Please read carefully this "Terms and Conditions" document (also called "General Conditions") before using the website www.bpay.club and the BPay & BPay LITE mobile application, commonly referred to as the “Platform” or the APP/s. These General Conditions apply to the www.bpay.club website and the BPay mobile application, as well as to all related or interconnected sites at www.bpay.club. They are intended to make you aware of your legal rights and responsabilities with respect to your access to and use of the platform and any related mobile or software applications.
Your access in the Platform, the creation of a User account and the use of the functionalities are conditioned by the prior acceptance, express and unequivocal and by the unconditional compliance with the present document "Terms and conditions". You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by BPay in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that BPay will treat your use of the Services as acceptance of the Terms from that point onwards.
The terms and conditions apply to all visitors to the Platform, to Users and to all who access and / or use the Platform, generically referred to as Users. By accessing and using the Platform, you accept all the conditions set out below in this document. If after completing it, you do not agree to comply with the terms and conditions in the form described, in whole or in part, please do not access and use the Platform.
BPay may periodically amend this document "Terms and Conditions". The changes will enter into force when the updated Terms and Conditions are published and accessible for consultation on the Platform. Your continued access to or use of the Platform after such publication constitutes your agreement to comply with the amended Terms and Conditions.
The website www.BPay.club (and other extensions of the BPay domain) and the mobile application BPay are owned by BFINEX DMCC which is a technology company whose main activity is the development and management of a technological platform through which certain service providers and operators may sell their products/services to its customers, Users of the Platform.
The website www.bpay.club and the mobile application are operated in various countries, with full rights, by companies affiliated with BPay. They ensure the representation of the BPay Platform in the territory, manage the enrolment process for potential local partners (ex: restaurants, certified freelancers, professional, companies providing different services, etc), provide their technical and commercial assistance, ensure the local settlement of the payments processed through the BPay platform. In the contents of this document, unless otherwise specified, the term BPay will designate all the entities mentioned above, individually or collectively.
Thus, BPay operates an "on request" brokerage platform on which companies with whom BPay has concluded a contract for the use of the Platform, are able to charge and get paid by their customers/Users (through a presumed mandate granted to BPay), BPay acting as intermediary for payment processing.
The Platform aims to facilitate for the Users the purchase, including the payment, under optimal conditions, of the products and services offered by the partners, BPay thus voluntarily fulfilling the mandate granted by the User through and at the time of checking in the Platform the option "pay".
BPay, as an intermediary, cannot and will not assume any responsibility for the quality of the products or the correct provision of the services charged by the local partners enrolled in the Platform.
"User", “Buyer” or “Consumer” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'outlet business page' to manage claimed business listings or otherwise.
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.
„Outlet”, „ Operator”, “Company” or „Seller” means the restaurants, hotels, store or other sellers listed on BPay.
- USER ACCESS AND REGISTRATION. USER PROFILE
In order to become a User of the Platform and to create a valid User account, the following conditions must be met in advance:
- You must be at least 18 years old;
- All mandatory fields on the registration form in which personal data such as username, e-mail address, telephone number and credit card number, etc. must be filled in correctly;
- You must accept this Terms and Conditions document;
- You must accept the Policy regarding the personal data processing protection;
The information provided must be true, accurate, complete and constantly updated. If the User provides false, inaccurate or incomplete information or if BPay considers that there are sufficient reasons to doubt their veracity, accuracy and completeness, they may consider the situation a violation of these General Conditions as a result of blocking the User's account or refusing access present or future of the User to the functionalities of the Platform, in whole or in part.
When registering on the Platform the User will select:
- a username and password, which are strictly confidential, personal and non-transferable information. The User is fully responsible for protecting the password of access to the User account and for any activity or action carried out using this password / account. The User agrees not to disclose the password to any third party, being obliged to notify BPay urgently of any breach of the security of the User account or unauthorized use of this account. BPay cannot guarantee the identity of the Registered Users and, therefore, cannot be held responsible for any use of the User's identity by a third party.
- The option to login using its Facebookcredentials and basic personal data shared from the Facebook profile.
- The option to login using its Googlecredentials and basic personal data shared from the Google profile.
After completing the registration form or selecting the Login with Facebook or Login with Google options and learning the conditions of use of the Platform, as mentioned above, the User account is created and activated. Once the registration is complete, Users can access their profile by completing or editing it as they see fit.
By creating a User account, you agree that the Platform may send you informational SMS messages, emails or push-notifications, in the course of normal operations associated with your use of it.
You can always opt out of receiving messages from BPay by switching off the communications settings available under the Account settings menu in the mobile app. Please be aware that opting out of email/SMS may affect your use of the Platform.
Provided that you comply with this "Terms and Conditions" document, BPay will grant for a limited period the right to access and use the Platform on your personal device, corresponding to the promoted services and the functionalities of the Platform and the right to access and use any associated content, information and materials available on and through the Platform solely for personal, non-commercial use. All rights not expressly granted herein are reserved by BPay and BPay affiliates and licensors.
The services and functionalities offered through the Platform and all associated rights are and will remain the exclusive property of BPay. Access to and use of the Platform will not confer any rights other than those expressly mentioned in this document "Terms and Conditions" or the right to use or refer in any way to the names of companies, logos, product and service names, trademarks, service marks or other proprietary trademarks belonging to BPay or BPay affiliates / licensors.
You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of content available in the platform in whole or in part except as expressly authorized by us. Any violation by you may result in the immediate termination of your right to use the platform, as well as potential liability for copyright and other sanctions.
- OBLIGATIONS OF THE USER
The users are fully responsible for the access to and the correct use of their profile and other contents of the Platform, in accordance with the law in force, national and international applicable to the territory in which the Platform is used, as well as with the principles of good faith, ethics, usages and public order.
Users must refrain from using the Platform's profile and other content for illicit purposes or for purposes that infringe the rights and interests of third parties or that may cause harm, damage or otherwise have a negative effect on the Platform, its content, functionality and services. accessed through it. Similarly, it is forbidden to prevent access to and / or use of the Platform by other Users or third parties.
Users who fail to comply with these obligations are liable for any resulting claim for damages. BPay will in no case be held liable for any consequence, damage or damage caused by the access or illegal use by the Users or third parties of the Platform.
Users are expressly forbidden: (i) to remove copyright, trademark or other proprietary rights of BPay and of local partners; (ii) modify, in whole or in part, the Platform and its functionalities, bypassing, deactivating or manipulating any function or service thereof; (iii) to violate the contractual obligations and the legal regulations regarding the processing of personal data; (iv) use the Platform to slander, defame, intimidate or harass other Users or harm the image of third parties and access the email accounts of other Users; (v) upload computer viruses, corrupt files or any other software that may cause damage or modification to the content and systems of BPay or third parties; (vi) attempt to gain unauthorized access or affect any aspect of the Services or the systems or networks related thereto.
A User may report another User if he / she considers that these General Conditions are violated. All Users may also notify BPay of any abuse or breach of these terms. BPay will verify this report as soon as possible and will take the measures it deems appropriate, including the withdrawal and / or suspension of any User of the Platform in violation of these General Conditions of Use and / or the deletion and / or suspension of any message with illegal content or offensive, without needing to give advance warning or any subsequent notification.
- INFORMATION SHARED BY USERS
BPay may allow Users to upload and publish content on the Platform, by content meaning information in text, audio and / or visual format, including comments, opinions and evaluations, sending requests for assistance and registering for competitions and promotions. All content provided by the User shall remain its property and BPay shall be deemed to have granted a non-exclusive, perpetual, irrevocable, unlimited territorial and free license to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
The user declares and guarantees that (i) he is the sole and exclusive owner of all the content provided and / or owns all the rights, licenses, agreements and authorizations necessary to distribute the content in these conditions; and (ii) the content generated and distributed by the User in compliance with these conditions does not infringe the rights of third parties and does not prejudice any applicable law or regulation.
BPay declines its editorial responsibility and expressly declares that it does not identify with any of the opinions that Users may post on the Platform, the consequences of which are the exclusive responsibility of the User who makes the respective posting. BPay reserves the right to monitor the content of the User's posts and to delete this content, at any time, without motivation and notification. Subject to the requirements of applicable law, BPay is not obligated to return any of the content that was deleted, under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of User Content, at its sole discretion.
User reviews or ratings offered for Sellers reflect the personal opinions of the Users.
BPay has and will always maintain a neutral position towards them and will just enable the means of communication between users and sellers. BPay will not arbitrate disputes, however in case if a user writes a review that the seller does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the seller believes that any particular user's review contains inappropriate content, the restaurant may write to us at email@example.com and bring such violation to our attention.
BPay reserves its right to delete any review at its sole discretion if it violates the Terms& conditions, local laws, contains inappropriate content or it is harmful to the service provided.
- PAYING WITH BPay
An authorised individual or company can apply to register with BPay by uploading all the necessary documents that demonstrate the legality and authorisation to perform the selling of services/products for which he plans to use our BPay POS solution. Each seller must comply also with the requirements of the payment providers under which he will operate, corresponding to its area (country/city) of registration. After performing the due-diligence process and getting approved by the payment processor, he will be able to perform payments using the BPay solution.
The seller will login into the application or web platform and will enter the purchase amount. Additionally, he can select the payment method for the transaction.
The customer will scan the QR which will redirect him to a secure environment where he will be able to see the amount to be paid, currency and the permitted payment methods (card, App Pay, GooglePay,etc).
The platform or the seller may cancel the payment transaction of a customer, without any subsequent obligation of either party to the other or without any party being able to claim the other damages if we encounter any of the following: the credit card used for the payment is refused by the bank; the transaction is invalidated; there is a denial from the payment processor for operating the payment; the data provided by the User on the Platform are incomplete and / or incorrect.
In all circumstances BPay will act as intermediary between Seller and the Customer. BPay does not provide any services or products to the Customer and only enables the purchase by connecting the Users with the Seller and providing a secure payment enviroment. BPay shall not be liable for any acts or omissions on part of the Seller, including deficiency in service, wrong delivery of order, quality of products, order package tampering, etc.
The fees may vary on different factors (payment processor, country of reference, payment type, etc) and will always be beard by the seller. No payment fees will be imposed towards the customer.
- PAYMENT AND INVOICE
Registration and use of the User Platform is completely free. Prices of goods and services displayed on the Platform include T.V.A. according to law, with exception of certain countries (ex: Egypt) which apply a different taxation model towards the consumer.
The data of the credit card used by User / buyer will not be accessible to BPay nor will it be stored by it or by the payment processor integrated in the Platform, but only by the institution of authorization of the transaction or another entity authorized to provide services for storing card identification data, about which identity the User / Buyer will be informed, prior to entering the data.
After the services and / or goods have been delivered / consumed, BPay will facilitate the operation of payment of the price related to the products and / or services consumed on behalf of the local selling partner, as a limited collection agent for the respective local sales partner. Payment of the costs by this method will be considered similar to a payment made directly by you to the local selling partner. Costs will include all applicable taxes, where required by law. The costs you pay are final and cannot be refunded unless BPay sets out something else.
The user can choose to request the cancellation of its payment after its placement but only until the payment gets confirmed or accepted by the acquiring bank.
- COPYRIGHT AND TRADEMARKS
Unless otherwise stated, all copyright and intellectual / industrial property rights on the Platform, as well as without limitation, on logos, commercial symbols, multimedia texts and content, static and dynamic images, graphic design, browser structure, presented and available on the Platform, whether or not registered, belong to BFINEX DMCC and cannot be used in any way without its prior written consent obtained through BPay, BFINEX DMCC having the exclusive right to exploit these rights in any way, in especially the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable European and international Community law on copyright and intellectual and industrial property.
The authorization granted to the User for access to the Platform does not imply the renunciation, transfer, licensing or total or partial transfer of the copyright, intellectual property and industrial rights.
It is forbidden to remove the logos signifying the copyright of BPay, including any content in any context other than that intended by BPay, modifying, altering, copying, deleting, reproducing, public communication, uploading files, transferring to third parties, distributing in any way. , in whole or in part, of the content included in the Platform for public or commercial purposes, without the express prior written authorization of the rights holder as mentioned in the previous paragraph.
Local partners who share any type of content through the Platform declare that they own all copyright and / or intellectual / industrial property on them and are unique and fully responsible for the content and validity of these rights, BPay being in no way responsible for the existence or the extent of these rights and / or the content or legality of the information provided. The provision of content by local partners through the Platform represents the assignment to BPay and BFINEX DMCC of the use of copyright, intellectual and industrial property derived from that content, free of charge and to the maximum extent permitted by law.
- INFORMATION PROVIDED BY SELLING LOCAL PARTNERS. LINKS TO OTHER WEBSITES
The BPay Platform may contain links to sites or web services of local / third party partners that are not owned or controlled by BPay. BPay has no control and assumes no responsibility for the content, privacy policies, conditions of use or practices of the websites / services of the local / third party partners.
In addition, the User acknowledges and agrees that BPay will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use or reliance on such content, goods or services available at or through any such sites or web services.
BPay does not guarantee the respective services and contents of the third parties, the prices of the goods and services, the quality, the authenticity, the legality and will not be responsible or liable in any case for any product or service of the respective local / third-party partners.
We advise you, as a User, to read the terms and conditions and privacy policies of any websites or services you visit. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or their subsidiaries and affiliates at international level, as the case may be, will be third party beneficiaries of this contract (this Terms and Conditions document) if you access BPay using applications developed for mobile devices equipped with Apple iOS, Android, BPay Windows or Blackberry. These third-party beneficiaries are not parties to the contract (this Terms and Conditions document) and are not responsible for the provision or availability of the services in any way. Your access to the BPay App and Platform through these devices is regulated by the conditions stipulated in the service contract of the respective third-party beneficiary.
- PROMO CODES/VOUCHERS/DISCOUNTS
At its sole discretion, BPay may create promotional codes that can be converted into credit on your account, or other options or benefits associated with the Platform and / or the affiliations and services offered by the affiliate partners, with the application of any additional conditions that BPay will require for each promotional code separately.
With regard to the Promotional Codes/Vouchers/Discounts, you agree that: (i) they must be used legally, by the persons and for the purpose for which they are intended, strictly in accordance with the specifications of BPay; (ii) they cannot be duplicated, sold or transferred in any way, nor can they be made available to the general public, unless expressly permitted by BPay; (iii) can be deactivated at any time by BPay, without being able to be held responsible.
BPay reserves the right to withhold or deduct credits or other options or benefits obtained through the use of promotional codes by you or any other user if it determines or believes that the use or claim of the promotional code was made by mistake, by fraud, in illegally, or in violation of the applicable conditions associated with the promotional code or this Terms and Conditions document.
BPay may publish advertising content on its platform, notifications or newsletters as part of its Marketing purposes and for generating sustainability of the business. The communication channels and content of advertising material are subject to change without specific notice to the Users.
At may contain advertising information or promotional material or other material submitted to BPay by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than BPay found on or through the BPay Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. BPay will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the BPay Platform and mobile application.
- LIABILITY. LIMITATION OF LIABILITY. INDEMNIFICATION
10.1. Limitations of liabilities
- By creating and using the account, the User assumes responsibility for maintaining the confidentiality of the account data (user and password), for managing the access of the account, and, to the extent permitted by the legislation in force, is fully and fully responsible for the activity carried out through his account.
- The user undertakes to indemnify and exempt from liability BPay and its officials, directors, employees and agents in the event of any claims, claims, losses, damages and expenses (including attorneys' fees) arising out of (and in connection with): your use of the Platform or the services or goods obtained through your use of the Platform; (ii) your breach or breach of any obligation under this document; (iii) the use by BPay of the content provided by the User; or (iv) the infringement by the User of the rights of a third party, including the rights of local partners.
- BPay assumes no responsibility and cannot be held bound by the validity, authenticity, correctness, timeliness, legality of the information available on the Platform as a result of their transmission by local partners or Users.
- BPay does not offer any guarantee regarding the quality and availability of the goods and services promoted and sold by the local partners present on the Platform, their compliance with parameters communicated by the local partner or the non-infringement of the rights of third parties, the Users assuming the risk arising from the use of the services put to provision through the Platform.
- BPay does not declare and does not guarantee that the Platform will operate without interruptions or errors, but only that it will take all steps to remedy the non-compliant situations.
- BPay is placing an order against the Seller on behalf of the Users pursuant to the unconditional and irrevocable authority granted by the Users to BPay, and facilitates the sale and purchase of Products & Services between Users and Sellers.
- Please note that some of the products (ex: alcohol) or Services (ex: beauty services) may be suitable for certain ages only. You should check the product/services you are ordering and read its description, if provided, prior to placing your order. BPay shall not be liable in the event the food and beverages ordered by the Users do not meet their dietary or any other requirements and/or restrictions.
- While executing a payment you shall be required to provide certain details, including without limitation, contact number, email and delivery address. Depending on the payment processor and the legal regulations applicable for the country of reference, there can be additional requirements for validating the telephone number and/or email address.
- Cancellation and refund policy:
- Cancellation or attempted cancellation of an order shall amount to breach of your unconditional and irrevocable authorization in favour of BPay to place that Order against the Seller on your behalf. In this case the User shall be liable to pay the liquidated damages of an amount equivalent to the order value. BPay is hereby authorised to deduct or collect the amount payable as liquidated damages through such means as it may determine, including without limitation, by deducting such amount from any payment made towards your next Order.
- In the event the User has provided incorrect particulars, e.g., contact number, delivery address etc., or it was unresponsive, not reachable or unavailable for fulfillment of the services offered, he shall not be eligible for any refunds.
- No replacement / refund / or any other resolution will be provided without the Seller’s permission.
- User’s instructions accompanying the orders are to be followed by the Sellers on a best-effort basis. There will be no refund, compensation or exchange of goods if the instructions are not followed in the form and manner the User intended.
- Refund requests shall be addressed by email to firstname.lastname@example.org accompanied by all necessary details and evidence, as appropriate. Each request will be evaluated separately by a dedicated team who may request additional information from the client or the seller. As such, refunds processing can take up to 2 weeks.
Without limiting the generality of these Terms, Users and Sellers agree not to post or transmit any content or engage in any activity that:
- Violate BPay’s Terms and conditions;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
- Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- "Hacks" or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other users of the Services;
- Is posted by a bot;
- Harms minors in any way;
- Threatens the unity, integrity, defense, security or sovereignty of UAE or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
BPay reserves its right to monitor its Users for the purpose of operating and improving its services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
By using BPay you agree and assure BPay that its services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s).
All users should refrain from uploading, posting, emailing or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of BPay in any form or manner whatsoever.
- GENERAL TERMS
Neither party shall be liable for failure to perform its contractual obligations, if such failure to timely and / or properly, fully or partially is due to a force majeure event. If, within 10 (ten) days from the date of its occurrence, the respective event does not cease, each party shall have the right to notify the other party the full termination of the contract (this document "Terms and Conditions") without any of them claiming the other damages.
The Contract is subject to UAE law. Any disputes arising between them will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent courts in Dubai. The assignment of the Contract is forbidden, without the prior consent of BPay.
Written communication can be addressed at: email@example.com.
Complains and issues regarding BPay services can be addressed at: firstname.lastname@example.org.