BluPay Terms and Conditions
Version 1.0
1. RECITALS
1.1 BLUEPAY ENTERPRISES PTY LTD (referred to as “BluPay” or “we” or “us”) is the owner of trademarks, patents, trade secrets, copyrights, processes, knowhow, registered designs or other Intellectual Property and provides payment platform to merchants and customers.
1.2 BluPay has agreed to grant You with product, access to the Site, the Services, and use of certain Intellectual Property and Confidential Information as set out in this Agreement.
1.3 All products of BluPay or an affiliate including the BluPay website, payment processing pages and online documentation (collectively, the “Services”) are subject to the Terms and Conditions stated below.
1.4 By the use of the Product, Site or the Services, You agree to be bound by this Agreement. If You do not agree to the Terms and Conditions set out below You must not use the Product, Site or the Services.
2. ACCEPTANCE OF TERMS
2.1 These terms of use constitute a contract (“Agreement“) between you (referred to as “you” or “your” or “User”) and BluePay Enterprises Pty Ltd. (referred to as “BluPay” or “we” or “us” or “our”) and applies to your use of our services (the “Services“) on the BluPay App or otherwise
2.2 Consumer advisory – BluePay Enterprises Pty Ltd., do not hold any stored value facility. Consumers (Users) are advised to read these terms and conditions carefully.
2.3 By accessing BluPay website and/or registering as a User on the BluPay App (whether through the BluPay website or on any mobile device), you agree that you have read, agree with and accept all of the terms and conditions in this Agreement as well as our Privacy Policy (“Privacy Policy”) which is available at https://www.blupay.asia and is incorporated into this Agreement by this reference. We may amend this Agreement at any time by posting a revised version on our BluPay website or the BluPay App. The revised version shall be effective at the time we post it. If you do not accept the terms of this Agreement, please do not use the BluPay App or access the BluPay website or any of the Services offered or provided therein.
2.4 While this Agreement applies to your access to and/or use of the BluPay App and/or BluPay website, they may be supplemented or changed by the terms and conditions relating to (i) the use of specific aspects of products, services, offers, promotions, rewards, applications, programmes, functions and/or features made available on or through the BluPay App and/or BluPay website, and/or (ii) more comprehensive and/or updated version(s) of the BluPay App and/or BluPay website (collectively the “Additional Terms”), which shall apply in full force and effect, where applicable. In the event of any inconsistency between these Terms and the Additional Terms, the Additional Terms shall, unless otherwise provided, prevail.
2.5 You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services.
2.6 We reserve the right to close, suspend, or limit your access to your User Account, the Services or New Services, and/or limit access to your funds if you violate this Agreement or any other agreement you may enter into with us.
3. SERVICES AND ELIGIBILITY
3.1 BluPay facilitates payments and acts as such by providing our Services to you via the BluPay App. Our Services allow you to send payments, and, where applicable, to receive payments via the BluPay App. The availability of our Services may vary from country to country. We do not have any control over, and are not responsible or liable for, the goods or services that are paid for via our BluPay App. We cannot ensure that a Merchant you are dealing with using BluPay will actually complete the transaction. We shall have the right (but not the obligation) to introduce New Services to the BluPay App and/or BluPay website from time to time and from country to country.
3.2 You must be at least eighteen (18) years of age (or the minimum legal contracting age in your country, whichever is the higher) and a resident of one of the countries in which the Services are offered to use the Services. If you are under eighteen (18) or the minimum legal contracting age in your country, you may use the Services only with the involvement of a parent or guardian. Only individuals can register as a User and each individual is entitled to only one User Account. No corporations, trusts, partnerships or other legal entities can be enrolled as a User.
3.3 In order to open and maintain a User Account, you must provide us with correct and updated information. Your registration must be followed with the submission of such supporting documentation and information as we may require from time to time in order to identify you and perform checks and verification of information or otherwise, including anti-fraud, anti-terrorism and anti-money laundering verification as may be required by law. You agree that all documentation and information provided to us is truthful, accurate and complete as at the time of registration and throughout such time that you remain a User. We retain the sole and absolute discretion to approve or reject any registration in whole or in part. We shall not be required to provide any reason or explanation for our decisions.
3.4 Your contact information. It is your responsibility to keep your email address and mobile number up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic communication but you do not receive it because your email address or mobile number in our records is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communication, we will be deemed to have provided the communication to you effectively. Please add BluPay’s email address to your email address book so that the email communications we send to you are not blocked or re-routed by a spam filter.
3.5 You may update your contact information in the mobile app. If your email address becomes invalid such that electronic communications sent to you by us are returned, we may deem your User Account to be inactive, and you will not be able to use our Services until we receive a valid, working email address from you.
3.6 Identity Verification. You authorize BluPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity as a User. This may include asking you for further information or documentation, requiring you to take steps to confirm ownership of your email address, mobile number or credit/debit/charge cards or to verify your information against third party databases or through other sources.
3.7 Mobile Application. You are required to use the latest versions of the BluPay App in order to use our Services. The BluPay App may only be downloaded from official channels provided and approved by us. Only supported devices as defined by the official channel platforms may use the BluPay App. We are not responsible for or obliged to support any devices that do not meet these standards. All terms that have been included in this Agreement are applicable to all versions, past and present, of the relevant BluPay App. You acknowledge that we have entered into agreements with, and owe certain obligations to, owners and operators of app store providers in connection with the distribution of the BluPay App. We accept no liability for any loss or damage arising directly or indirectly from any act or omission of any app store provider, or otherwise from the relationship between BluPay and such app store providers.
3.8 Mobile Application License. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the BluPay App downloaded directly from the official channels provided and approved by us, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the BluPay App, such open source code is covered by the applicable open source or third-party license, if any, authorising use of such code. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use the BluPay App or BluPay website for any commercial or other purposes.
3.9 Mobile Services. You acknowledge and agree that your use of any mobile services such as data when using our BluPay App may entail additional charges with your respective mobile service providers and you shall be responsible for such charges (where applicable).
3.10 Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of BluPay, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as inappropriate messaging, attachments, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
4. PAYMENT SERVICE
4.1 Payment Limits. We may, at our discretion or if required by law, impose limits on the amount of payments you can make through our Services. If you have a Verified Account or if you meet certain requirements that we may impose from time to time or as required by law, we may in our sole discretion increase your limits.
4.2 Payment Methods. You may register your credit/debit/charge card or bank account with our Services to facilitate the processing of payment transactions using the BluPay App. The payment method must be associated with a billing address in a country where our Services are made available. By registering your credit/debit/charge card with us, you authorize us to confirm that your credit/debit/charge card is in good standing with the issuing financial institution, including, but not limited to, us submitting a request for a payment authorization and/or a low dollar credit and/or debit to the relevant credit/debit/charge card, in accordance with the relevant card association rules as applicable. You also authorize us to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate your registration for or continued use of the Services.
4.3 Preferred Payment Method. You may select a preferred payment method each time you make a payment. By adding a credit/debit/charge card as a payment method on your BluPay App, you are providing us with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a payment method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your User Account.
4.4 Bank/Credit Card/Debit Card Fees. Your bank, credit/debit/charge card company or payment gateway may charge you fees for sending or receiving funds through the BluPay App. You may be charged fees even when your transaction is domestic, and does not require a currency conversion. BluPay is not liable for any fees charged to you by your bank, credit/debit/charge card company or payment gateway or other financial institution based on your usage of the BluPay App.
For further details on BluPay fee, please refer https://blupay.asia/faq
4.5 Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned or refunded to your relevant mode of payment for that particular transaction, less any applicable fees or charges that may be imposed.
4.6 Merchant Processing Delay. When you send a payment to certain Merchants using BluPay, you are providing an Authorization to the Merchant to process your payment and complete the transaction with BluPay. The payment will be held as pending until the Merchant or payment gateway processes your payment. Some Merchants or payment gateway may delay processing your payment. In such an instance, your Authorization may remain valid for up to 30 days.
4.7 Fee Swap settings. When the merchant swaps the fees onto the customer, the calculation of the fees is only an estimate and not guaranteed. This is because when we load the transaction, the fees are based on the total amount including the fees which is higher than the amount excluding fees.
5. CLOSING YOUR USER ACCOUNT
5.1 You may close your User Account at any time by writing to us with your request at Admin@blupay.asia. Upon the closure of your User Account, we will cancel any pending transactions, unless legally prohibited.
5.2 Limitations on User Account Closure. You may not evade an investigation by closing your User Account. If you close your User Account while we are conducting an investigation, we may hold your funds to protect us, any of our affiliates or a third party against the risk of reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your User Account even after the User Account is closed.
5.3 Erroneous and Unauthorized Transactions. An Erroneous or Unauthorized Transaction occurs when a payment is sent from your User Account that you did not authorize and that did not benefit you. For example, if someone steals your password or mobile and uses the BluPay App to access your User Account, and sends a payment from your User Account, an Unauthorized Transaction has occurred. If you give someone access to your User Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.
5.4 You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
6. ERRONEOUS AND UNAUTHORISED TRANSACTIONS
6.1 Notification Requirements. You should immediately notify us at Admin@blupay.asia if you believe that:
· there has been an Erroneous or Unauthorized Transaction or unauthorized access to your User Account;
· there is an error in your User Account history statement (you can access your User Account history on the BluPay App)
· your password has been compromised;
· your BluPay mobile-activated phone has been lost, stolen or deactivated; or
· you need more information about a transaction listed on the statement or transaction confirmation.
6.2 When you notify us, please provide us with all of the following information:
· Your name, email address and mobile number registered to your User Account;
· A description of any suspected Erroneous or Unauthorized Transaction and an explanation as to why you believe it is so or why you need more information to identify the transaction; and
· the amount of any suspected Erroneous or Unauthorized Transaction.
6.3 During the course of our investigation, we may request additional information from you.
6.4 After Your Notification. Once we receive your notification to us of any suspected Erroneous or Unauthorized Transaction, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an Erroneous or Unauthorized Transaction. We will complete our investigation within a reasonable period from the date we received your notification of the suspected Erroneous or Unauthorized Transaction.
6.5 Credit/Debit/Charge Card Chargebacks. If you wish to dispute or invalidate a payment that was made on your credit/debit/charge card, you should contact your credit/debit/charge card company or issuer directly.
6.6 Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (for example, you made a typographical error), your only recourse will be to contact the party to whom you sent the payment and ask them for a refund of the payment. BluPay will not reimburse you or reverse a payment that you have made in error.
7. VOID TRANSACTIONS AND REFUNDS
7.1 In respect of any complaints concerning any transaction raised by you to us, you hereby acknowledge that: (a) you shall satisfactorily provide such documentary proof as we may require as relevant evidence toward our investigation of the relevant transaction; (b) you acknowledge that we shall be not be responsible or liable to you in respect of any issues with any transaction that you fail to notify in writing to us within 30 days from the date of that transaction in accordance with the terms herein; and (c) we retain the sole discretion to conduct independent investigations into each and every transaction made by you, and reserve the right to make such determination as we may deem fit. We reserve the right to charge an administration fee for any refund of any payment transaction.
8. RESTRICTED ACTIVITIES
8.1 Restricted Activities. In connection with your use of our website, your User Account, our Services, the BluPay App or in the course of your interaction with BluPay, other Users, or third parties, you acknowledge and agree that you will not:
· breach this Agreement or any other Policy or agreement that you have agreed to with BluPay;
· violate any law, statute, ordinance, or regulation;
· infringe BluPay’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
· act in a manner that is defamatory, threatening or harassing to our employees, agents, contracts or other Users;
· provide false, inaccurate or misleading information;
· engage in any illegal, potentially fraudulent or suspicious activity and/or transactions;
· refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
· control a User Account that is linked to another User Account that has engaged in any of these Restricted Activities;
· use our Services in a manner that results in or may result in Complaints, Disputes, Claims, Chargebacks, fees, fines, penalties and other liability to BluPay, other Users, third parties or you;
· have a credit score from a credit reporting agency that we may appoint that indicates a high level of risk associated with your use of our Services;
· use your User Account or our Services in a manner that BluPay, any card scheme, financial institution or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
· take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
· facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
· use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy the BluPay App or our website without our prior written permission;
· use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website, the BluPay App or our Services; or
· take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
9. General. You are responsible for all Claims, fees, fines, penalties and other liability incurred by BluPay, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of our Services. You agree to reimburse BluPay, a User, or a third party for any and all such liability.
10. Liability for instructions given by you on your User Account. Any instructions given by you on your User Account (whether verbal or in writing) once you have been authenticated will be relied on by BluPay. BluPay will not be liable for any loss or damage you or anyone else suffers where we act on those instructions in good faith, unless it has been proven that we were negligent.
11. Actions by BluPay. If we, in our sole discretion, believe that you may have engaged in any Restricted Activities, we may take various actions to protect us, our affiliates, other Users, other third parties or you from Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
· We may close, suspend, or limit your access to your User Account or any of our Services; and
· We may refuse to provide our Services to you now and in the future.
12. Termination. BluPay, in its sole discretion, reserves the right to terminate this Agreement and/or access to any of our Services for any reason and at any time upon notice to you. If we limit access to your User Account, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that our decision to take certain actions, including limiting access to your User Account, may be based on confidential criteria that is essential to our management of risk, the security of User Accounts and the BluPay App and system. You agree that we are under no obligation to disclose the details of our risk management or security procedures to you.
13. DISPUTES WITH BLUPAY.
13.1 Contact Us. If a dispute arises between you and us, please contact us to allow us to learn about and address your concerns and/or to provide you with options to resolving the dispute quickly. Disputes between you and us regarding our Services may be reported to us via Admin@blupay.asia.
13.2 Arbitration. Any claim (excluding claims for injunctive or other equitable relief), dispute or controversy arising out of or in connection with the terms of this Agreement, including any questions regarding it existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Australia at the Australian Centre for International Commercial Arbitration (“ACICA”) or at such other venue in Australia as the parties concerned may agree in writing or in accordance with the ACICA Rules. A tribunal shall consist of a single arbitrator to be appointed ACICA. The decision of the tribunal shall be final and binding on the parties concerned. The language of the arbitration shall be English. The parties concerned undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
13.3 Notices to You. You agree that we may provide you communications about your User Account, our Services and this Agreement electronically. We reserve the right to close your User Account if you withdraw your consent to receive electronic communications. Any electronic communication will be considered to be received by you within 24 hours of the time we post it to our website or BluPay App or email it to you. Any notice sent to you by postal mail will be deemed to be received by you 3 business days after we send it.
13.4 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
14. GENERAL TERMS.
14.1 Governing Law. This Agreement shall be governed by and construed in all respects in accordance with the laws of Australia, without regard to conflict of law provisions.
14.2 Notices to Us. Except as otherwise stated in this Agreement, all notices to BluPay must be sent by email to admin@blupay.asia.
14.3 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE BLUPAY APP, OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
14.4 Services Limitation. We are not a bank and our Services are not banking services. We are not acting as a trustee, fiduciary or escrow with respect to your funds, but for certain Services, we may act only as an agent. We do not have control of, nor liability for, the goods or services that are paid for with the BluPay App. We do not guarantee the identity of any User or ensure that a Merchant will complete a transaction or that a Merchant, financial institution or relevant third party will honour any balance amount in your Third Party Prepaid Cards registered on the BluPay App.
14.5 No Warranty. THE BLUPAY APP AND OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BLUPAY, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not have any control over the goods or services that are paid for with the BluPay App and we cannot ensure that a Merchant that you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of our Services, and operation of our website or the BluPay App may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, charge cards and debit cards are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service.
14.6 Third Party Hypertext Link or Websites. Any hypertext link from the BluPay App or the website to any third party website exists for information purposes and is for your convenience only. We accept no liability for any loss or damage arising directly or indirectly (including special, indirect, incidental or consequential loss or damage) from any errors, omissions, or defects in any content, goods or services of any such third party website or any hyperlink contained in any such third party website, the privacy or security practices employed by such third party websites, or the use of any content posted on or contained in such third party websites. The inclusion of hyperlinks on the BluPay App does not imply any endorsement of the materials on such hyperlinked websites.
14.7 You agree to defend, indemnify and hold BluPay, its affiliates and the respective officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of our Services.
14.8 Modification to BluPay App and website and your access. We reserve the right at any time and from time to time to modify, change, suspend, discontinue or restrict, either temporarily or permanently, (a) any User’s access to the BluPay App or website (or any part thereof); or (b) the whole or any portion of the BluPay App or website and the Services provided therein, with or without notice. BluPay shall not be liable to you or any third party for any such modification, change, suspension, discontinuation or restriction.
14.9 Intellectual Property.“Blupay.asia”, “BluPay”, “Blupay” and all other URLs, logos and trademarks related to our Services are either trademarks or registered trademarks of BluPay or its licensors. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of BluPay. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the BluPay App, the BluPay website, any content thereon, our Services, the technology related to our Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of BluPay and its licensors.
14.10 Calls to You; Mobile Telephone Numbers. By providing BluPay with your mobile number, you consent to receiving calls, including auto-dialled and pre-recorded messages from us at that number. You consent to receiving text messages from us about your use of our Services at that number.
14.11 Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes or biometrics that you use to access our Services.
14.12 It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services or goods from a foreign entity. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority.
14.13 You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
14.14 No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
14.15 Entire Agreement. This Agreement constitutes the entire agreement between you and BluPay relating to your use of the BluPay App and website.
14.16 Assumption of Rights. If we pay out a Claim, reversal or Chargeback that you file against a recipient of your payment, you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in our absolute discretion.
14.17 Third Party Rights. Except for BluPay and its affiliates, no person who is not a party to this Agreement has any right to enforce or enjoy the benefit of any provision of this Agreement.
14.18 Force Majeure. We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations (including the provision of our Services to you), if the delay or failure was due to any event or circumstance (including any network failure or system downtime) the occurrence and the effect of which we are unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on our part.
14.19 Severability. If at any time any provision of this Agreement shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from this Agreement.
15. VOUCHERS TERMS AND CONDITIONS
15.1 These terms and conditions apply to your use and redemption of promotional vouchers or voucher codes or promotional codes distributed by BluePay Enterprises Private Ltd. and its affiliates (“BluPay”).
15.2 Vouchers are valid for use only on the BluPay mobile application operated by BluePay Enterprises Private Ltd. (“BluPay App”).
15.3 In order to use the vouchers, the relevant vouchers must be applied at the point of payment on the BluPay App.
15.4 BluePay Enterprises Private Ltd. may carry out promotions from time to time and notify you of new vouchers available in your Gift Box on your BluPay App. These promotions may be limited and available only for specific time periods. If you do not save these promotion vouchers, BluePayEnterprises Private Ltd. reserves the right to remove them from your Gift Box within 48 hours from time they are first made available in your Gift Box.
15.5 Vouchers are to be used for a one-time purchase only and may be subject to other restrictions on use as may be notified on the BluPay App.
15.6 BluePay Enterprises Private Ltd. reserves the right to cancel or modify orders, or revoke the use of vouchers in the following circumstances:
· suspicious or fraudulent use;
· abuse of vouchers, including trying to re-use vouchers or redeem vouchers using multiple accounts associated with the same customer; and/ or
· using the vouchers in bad faith.
15.7 Unless otherwise stated, vouchers or other promotional discounts are not valid in conjunction with other promotions or discounts on the BluPay App.
15.8 Additional terms and conditions may be specified in relation to specific vouchers (for example, expiry dates, discount amounts and products and outlets covered), and will govern the use and redemption of those vouchers in addition to these terms.
15.9 Vouchers are not exchangeable for cash.
15.10 BluePay Enterprises Private Ltd. reserves the right to change these terms or cancel any promotions at any time without notice.
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