TelyPay Terms of Service

Welcome To TelyPay!

Thank you, for using TelyPay's products and services

The terms and conditions in this document ("Agreement") describe and stipulate the provisions which govern and regulate the legal relationship between TelyPay as the provider of the services and you as a user of the services.

You should read these Terms and Conditions carefully and should not accept these terms, register, access, or use the TelyPay services unless you agree to the Terms and Conditions. We recommend that you save a local copy of this agreement for your record.

You may not use the services if you are under the legal age - 18 years - that is allowed to contract with TelyPay or if you are a person who is barred from receiving the services under the laws of any country including the country in which you are a resident or from which you are using the service.

In this Agreement

1. DEFINITIONS

1. "Services" or "Service" or “Online Service” means all services described comprehensively on Teleplay’s website https://telypay.com, as updated occasionally, and excluding any service rendered or provided to you under a separate agreement.

2. Anti-Money laundering (AML) includes policies, laws, and regulations to prevent financial crimes.

3. Business Day means any day from Sunday to Thursday, excluding public holidays or other official holidays TelyPay is closed.

4. User refers to the individual or legal entity Account holders. This includes, but is not limited to, Customers and Merchants.

5. Force Majeure means an event or sequence of events beyond TelyPay’s control, preventing or delaying it from performing its obligations under these Terms and Conditions, including but not limited to Acts of God, riots, floods, service disruptions, strikes, earthquakes, hurricanes, lightning, explosions, pandemics, or epidemics.

6. Instructions means any instructions received by TelyPay whether physically or through a request sent by the User using various electronic means of communication, including without limitation, orders, messages, data, information, or other materials that relate to the Service and are sent to TelyPay through the Client Application.

7. Password means a secret word or phrase established by the User for the purposes of using TelyPay Services.

2. ACCEPTANCE OF THE TERMS AND CONDITIONS

1. Before you are permitted to use the services you are required to accept the Terms and Conditions and any special terms, as the case may be. Typically, Terms and Conditions and any Special Terms are accepted by clicking or tapping the "accept" button via the user interface for the respective Service.

2. You also accept the Terms and Conditions or any Special Terms when you start using the Services. In this case, you understand that you are bound by and TelyPay will treat you as bound by the Terms and Conditions from the moment you start using the Services.

3. CHANGES TO THE TERMS AND CONDITIONS

1. TelyPay is permitted to amend or alter the Terms and Conditions occasionally.

2. TelyPay will notify you with at least 30 days prior notice (Notification Period) of any material changes to the Terms and Conditions. Also, upon request or when required, TelyPay will provide you with a copy of the revised Terms and Conditions either by sending it to your registered email address or by any other suitable means.

3. After the notification period has passed you will be prompted to accept the revised Terms and Conditions, typically by clicking or tabbing the "accept" button. You may not continue to use the Services unless you accept the revised Terms and Conditions.

4. You also accept the revised Terms and Conditions when you continue to use the Services after the notification period has passed.

5. You are free to end this Agreement at any time should you choose not to accept the revised Terms and Conditions.

6. TelyPay shall determine the privileges to the use of TelyPay’s Services and shall have absolute discretion to change, add, or amend these privileges and conditions thereto, from time to time, as TelyPay deems fit.

7. In case TelyPay requires the User to register for a specific Service provided by TelyPay, the User undertakes to adhere to such request for registration to avail of such Service. The User agrees that any such subsequent registration becomes an integral part of these Terms and Conditions.

4. TERMINATION OF THE TERMS AND CONDITIONS AND CONSEQUENCES OF TERMINATION

1. This agreement remains in effect unless terminated either by you or TelyPay.

2. You can terminate this agreement at any time by visiting https://telypay.com or by closing your user account.

4. TelyPay is entitled to terminate this agreement at any time and without observing any notice period if:

a. You have breached the Terms and Conditions.

b. You have demonstrated that you do not intend to comply with the Terms and Conditions (regardless of whether directly or through your actions or statements or otherwise).

c. TelyPay or any supplier or partner of TelyPay providing the Services to or together with TelyPay are required by the applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful).

5. The termination of this agreement shall have no prejudice to any rights, obligations, and liabilities that you or TelyPay have accrued or incurred during the term of this agreement.

6. You are not permitted to use the Services if you do not accept the revised Terms and Conditions.

7. Once TelyPay terminates the Facility, no further or pending transfers will be made, including (but not limited to), any transfers scheduled in advance or any pre-authorized recurring transfers. Access to account information and other functions of the Facility will also cease upon your termination of these Terms and Conditions.

8. The User agrees that TelyPay has the right to block, close his/ her accounts or take any other necessary action if the User or any of the User’s connected parties have apparently indulged in any illegitimate transactions or became sanctioned by any of the bodies mentioned or transacted directly or indirectly with any entities, whether legal or natural, that is sanctioned by any of the mentioned bodies. Connected parties for the purpose of this clause are companies in which the User has a shareholding, authorized signatory of, or a board member. This also includes first-degree blood relatives.

5. USING OUR SERVICES

1. You shall follow any policies made available to you within the Services.

2. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

3. You shall use our Services only as permitted by law.

4. You will not be able to use our Services if you do not comply with our terms or conditions.

5. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

6. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.

7. You don’t have the right to use any branding or logos used in our Services.

8. Don’t remove, obscure, or alter any legal notices, branding, or logos displayed in or along with our Services.

9. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt-out of some of those communications.

10. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

11. In case of death, the account will be closed by TelyPay, and the financial dues will be returned according to the Sultanate laws and regulations.

12. You shall not use or exploit the platform by selling or buying materials, products, or services that have not been agreed upon with TelyPay or that are not part of its commercial activity, or that are deemed illegal under the laws of the Sultanate of Oman.

a. TelyPay has the right to hold the seller accountable and stop the service.

b. TelyPay has the right to inform the competent authorities if any evidence is available.

13. The merchant must inform TelyPay in case of changing the services or products within a maximum period of 30 days before selling the product or service.

6. REGISTRATION DATA AND USERS’ ACCOUNT

1. When you use the Services, you may be required to provide your Civil ID number and other Know Your Customer (KYC) details before you can continue to use the Services.

2. You agree to provide accurate, current, and complete registration data and to update your registration data as required.

7. PASSWORDS AND ACCOUNT SECURITY

1. To use the Services, you are required to open a user account and to provide a user email and password (Account Data).

2. TelyPay implemented an integrated registration solution through a single sign-on process (Single Sign-On). Single Sign-On means that once you open a user account with TelyPay You automatically register for all Services which, amongst others, eliminates the need to maintain separate User accounts and User emails for each Service.

3. You will always keep your account data safe and secure and prevent unauthorized access to your data and your account by third parties, in particular by avoiding obvious user IDs or passwords, changing your password regularly, and ensuring that you do not disclose your password(s) or grant any other user or third-party access to your Account Data or your account.

4. Security Identifiers shall be kept confidential at all times by the User. This shall remain the sole obligation of the User.

5. The User must log out from their account when leaving their designated computer or Mobile Phone unattended.

6. The User agrees to duly acknowledge the receipt of its mailed password Secure Tokens according to TelyPay’s requirements. The User also agrees that TelyPay has the discretionary right to retain the User's account ID in a disabled status until TelyPay receives a proper acknowledgment from the User.

7. The User may not share its Security Identifier with any other party. If the User becomes aware that its Security Identifiers appear to be known to a third party, the User must inform TelyPay immediately. TelyPay is not liable for loss from any unauthorized transactions or otherwise by use of the User’s Account through the proper Security Identifiers.

8. Electronic mail is not a secure means of communication and TelyPay shall not act on an Instruction sent by email.

9. The User agrees and acknowledges that the Internet is not a completely reliable means of communication, and should the user choose to communicate through such means, Users shall do so at their own risk.

8. RETURN AND CANCELATION POLICY

1. Return of the products or the cancellation of any services is subject to the Merchant’s Return and cancelation policy.

2. You may return any Item or cancel any services at any time through TelyPay’s website of providing the item or rendering the service, according to the Merchant’s return and cancellation policy.

3. TelyPay has the right to accept or reject any refund request.

9. SHIPPING AND DELIVERY POLICIES

1. Shipping and Delivery are subject to the Merchant’s Shipping and Delivery policy.

2. You should read Merchant’s Shipping and Delivery policy before purchasing or approving any service or item.

3. TelyPay is not responsible for any failed shipment process if the client didn’t get the product or service as agreed with the business owner.

10. PRIVACY PROTECTION

1. TelyPay is committed to protecting your data.

2. See our privacy policy (https://telypay.com) to learn more about how TelyPay protects and handles your data and information when you use the Services.

3. You agree to the use of your registration data, personal data, and information per TelyPay’s privacy policy.

11. ABOUT SOFTWARE IN OUR SERVICES

1. When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

2. TelyPay gives you a personal, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by TelyPay as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by TelyPay. In the manner permitted by these terms, you may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

12. OUR WARRANTIES AND DISCLAIMERS

1. We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

2. Other than as expressly set out in these terms or additional terms, TelyPay doesn’t make any specific promises about the Services. Including but not limited to, TelyPay doesn't make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

13. LIABILITY FOR OUR SERVICES

1. TelyPay, will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.

2. To the extent permitted by law, the total liability of TelyPay, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services.

3. TelyPay, will not be liable for any loss or damage that is not reasonably foreseeable.

14. YOUR LIABILITY

1. You are entirely responsible for any breach of your obligations under these terms and conditions.

2. Any applicable law or regulation in the relevant jurisdictions.

15. TELYPAY'S LIABILITY

1. TelyPay is not liable to you, regardless of the legal grounds whether in contract, tort (including negligence), or any theory of liability, and whether the possibility of such damage or losses has been notified to TelyPay, for:

a) Any indirect, incidental, special, or consequential damages.

b) Any loss of income, business, actual or anticipated profits, opportunity, goodwill, or reputation (whether direct or indirect).

c) Any loss or damage as a result of:

i) Any breach of the terms and conditions of this agreement or any other agreement or contractual relationship between TelyPay and you which is attributable to negligence on the part of TelyPay.

ii) Any changes, modifications, extensions, or limitations (including any suspension of your use of the Services, access to your account and account data, or your registration data) to the services, or any permanent or temporary cessation in the provision of the Services (or any part of them).

iii) The use of your Account Data by any other person than yourself (regardless of whether with or without your knowledge). You are fully responsible and liable to compensate TelyPay for any damage and/or loss incurred due to the use of your account data by someone else.

d) If TelyPay is liable for a breach of these terms and conditions, TelyPay's liability shall be limited to damages that TelyPay must typically expect at the time of the conclusion of this agreement due to the circumstances known at the time.

e) TelyPay shall be irrevocably authorized by the User to accept and act upon Instructions given by the User, relying on the Security Identifiers, including the debit or credit of the User’s Account with all such transaction Instructions or carry out any Service requested without further authority from the User. The User hereby agrees to fully indemnify and hold TelyPay harmless of from any claims, losses, liabilities, costs, obligations, fees, and charges that may arise from TelyPay’s compliance to any Instructions received from the User, or in which appear to TelyPay to have been given by the User.

2. TelyPay shall not be liable to the Users for any negligence, breach of contract, misrepresentation, or otherwise for any loss howsoever caused (including any loss direct, indirect, incidental, consequential, and irrespective of whether any claim is based on the loss of revenue, investment, production, goodwill, profit, interruption of business) to the User by reason of but not limited to, any of the following:

a) The User’s use of the Service, Secured Token, or any materials or software provided or downloaded from the website.

b) Failure on the part of the Users to use or access the Service at any time and any error in the provision of any part of it.

c) Any delay or failure of any transmission or receipt of any Instructions or notification sent through the Service.

d) User's use of email or other non-secure Instructions to provide Instructions to TelyPay.

e) Any inaccurate information or opinions displayed through the Service or the User's reliance thereon.

f) Any loss incurred by the use of User ID and passwords issued to the User or any substitutes thereon used without the User’s consent.

g) Any loss caused by failure to safeguard the Security Identifiers issued to the User.

h) Users shall be liable for any loss incurred by TelyPay as a result of a claim made against TelyPay by reason of improper use of the Service of Secured Token by the User.

i) User hereby acknowledges the validity of all orders issued to TelyPay vide the User ID and shall waive all claim/s or objections for the implementation by TelyPay of those orders.

3. TelyPay will not be able to act on a User’s Instructions submitted through the Service if TelyPay suspects or reasonably considers that the:

a) User’s Instructions may not be accurate or authentic.

b) TelyPay may be in breach or contravention of any laws, regulations, or other such duty by acting on such Instructions. or

c) TelyPay cannot comply with the Terms and Conditions for reasons of conditions beyond TelyPay’s control (including any systems or equipment failure, industrial disputes, or force majeure).

d) TelyPay shall not have any liability for any failure or delay in the performance of these Terms and Conditions to the extent the same results from a Force Majeure or any event beyond the control of TelyPay.

e) No forbearance, delay, or failure by either Party in enforcing its respective rights shall prejudice or restrict the rights of that Party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

3. TelyPay will not be able to act on a User’s Instructions submitted through the Service if TelyPay suspects or reasonably considers that the:

16. BUSINESS USES OF OUR SERVICES

1. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify TelyPay and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

17. ABOUT THESE TERMS

1. We may modify these terms or any additional terms that apply to a Service, including but not limited to reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notices of modifications to these terms on this page. We’ll post notices of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

2. If there is a conflict between these terms and the additional terms, the additional terms will control that conflict.

3. These terms control the relationship between TelyPay and you.

4. If you do not comply with these terms, and we don’t act right away, this doesn’t mean that we are giving up any rights that we may have (such as acting in the future).

5. If it turns out that a particular term is not enforceable, this will not affect any other terms.

6. These terms shall be governed by and construed per the laws of the Sultanate of Oman.

7. The court of the Sultanate of Oman shall have exclusive jurisdiction over all disputes arising out of or in connection with this Agreement.

8. The User hereby agrees and authorizes TelyPay, at its discretion, to record by whatever means the transactions which the user effect via TelyPay Services and that such records may be used by TelyPay for the purpose of, amongst other things, establishing or verifying that a particular transaction was affected through the use of User ID and passwords.

9. Records maintained by TelyPay of any Electronic Instruction given by the User under this Facility shall be conclusive evidence of the User’s instruction and the time it was given except in the case of manifest error.

10. The User is responsible for the accuracy of all information supplied to TelyPay through the use of this Service and any other means such as electronic mail or written communication and TelyPay shall not be liable for any consequences by reason of erroneous information provided by the User. When the User discovers an error or mistake, then the User is obligated to inform TelyPay immediately.

18. LIMITATIONS ON USE

1. You may not and will not encourage or permit any Authorized User to rent, lease, sell or lend the Online Service or access thereto or use the Online Service on a service bureau basis and provide services to third parties through the use thereof.

2. You may not and will not encourage or permit any Authorized User to allow the use of the Online Service by any third party.

3. You may not, and will not encourage or permit any Authorized User to:

a) use the Online Service in any manner or for any purpose other than as expressly permitted by the Agreement.

b) Access or use the Online Service in a way intended to avoid incurring fees to be paid to TelyPay according to the Agreement.

c) Access or use the Online Service in any way that violates the Agreement or any applicable laws, rules, or regulations (including without limitation, applicable export, and privacy laws).

d) Modify, alter, adapt, tamper with, repair, or otherwise create derivative works of any software, technology, content, or any Intellectual Property Rights of TelyPay or its Affiliates included in or used to provide the Online Service, including disabling or bypassing any security features of the Online Service.

e) Reverse engineer, disassemble or decompile the Online Service or any software or technology of TelyPay included in or used to provide the Online Service, or attempt to discover or recreate the Online Service or any software, technology, or Intellectual Property Rights of TelyPay or its Affiliates.

f) You may not and will not encourage or permit any Authorized User to including but not limited to, distribute, share, or facilitate the distribution of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code in connection with your or their use of the Online Service, or to send, receive or support email messages that are unsolicited, deceptive, anonymous, excessively voluminous or that contain falsified identifying information, including spamming and phishing, and you shall be solely responsible for any of the foregoing introduced through your own or your Authorized Users' use of the Online Service.

g) You may not and will not encourage or permit any Authorized User to use the Online Service in a manner that or introduce any materials or content to the Online Service that infringes, misappropriates, or otherwise violates the Intellectual Property Rights or privacy rights of any person or entity.

h) You shall not remove any trademark, copyright, or any other proprietary notices from the Online Service or any printouts or reports derived from the Online Service.

i) No proprietary rights or ownership rights vest in the User by reason of the use of any of the software or Secured Token provided for use of the Service.

3. You may not, and will not encourage or permit any Authorized User to:

4. Transactions are subject to the daily cumulative transaction limit as specified by TelyPay from time to time.

5. The User agrees that at no time shall it attempt to effect transactions executed through TelyPay’s Services unless sufficient funds are available in the Users’ Bank Accounts. The User agrees that transactions scheduled for future dates will be executed by TelyPay only if sufficient funds are available in the User’s Account on the relevant date, and further agrees that TelyPay is under no obligation to honor payment Instructions unless there are sufficient funds in the designated Accounts at the time of receiving its payment Instructions and/or at the time such payments fall due.

6. The User hereby agrees not to initiate remittances that directly or indirectly involve, drug, illegal exotic animal, human trafficking, or any illegitimate or illegal or any association or connection with any countries, individuals/entities/items, goods or services, prohibited /blacklisted by local authorities or the United Nations, United States of America through OFAC, or OFSI, the European Union or any other sanctioning bodies under their latest regulations and that the remittances initiated by them are in conformity with all applicable sanctions guidelines. It is also the responsibility of the User to ensure payments are not being made to any mentioned sanctioned entities or jurisdictions. The User confirms the remittance to be legitimate and agrees to process the transaction at Users’ own risk and responsibility, and hereby unconditionally holds harmless and indemnify TelyPay against any loss, expense, damage, penalty, fine, or claim, whether judicial or otherwise, incurred by and/or due to non-compliance with the sanctions and policies in relation to the remittance/operation of the above Account/s transactions.

7. The User may not assign or transfer the Facility, Secured Token, or these Terms and Conditions to any third party. No term of these Terms and Conditions is intended to confer a benefit on or be enforceable by, any person who is not a party to these Terms and Conditions.

19. COMPLIANCE WITH LAWS

1. Sellers shall take reasonable steps to ensure the products conform with applicable laws and regulations, however, the buyer acknowledges that products may be used in various jurisdictions for various applications subject to disparate regulations and therefore that the seller cannot warrant compliance with all applicable laws and regulations. The seller disclaims any representation or warranty that the products conform to federal, state, or local laws, regulations, ordinances, codes, or standards, except as expressly set forth by the seller in writing.

2. The buyer shall comply with all applicable laws, regulations, and ordinances.

3. TelyPay may terminate the Merchants’ contract if any governmental authority imposes anti-dumping or countervailing duties or any other penalties on products or services.

3. TelyPay may terminate the Merchants’ contract if any governmental authority imposes anti-dumping or countervailing duties or any other penalties on products or services.

4. The User shall be responsible for their own account, actions, and mobile phone, and electronic devices any usage of the same, whether by a third party or any other person, and the same shall be deemed to be useful by the User. It shall be the sole responsibility of the User to inform TelyPay in writing about any change with regard to the Mobile Phone Number or any other material information and that TelyPay shall not be, in any way, liable or responsible for any loss, damages, costs, charges or expenses suffered/incurred by the User by reason of the User’s failure to do so. Furthermore, it shall be the sole responsibility of the User to inform the TelyPay to disable the User ID/password / PIN /Biometric Authentication/ Secured Token if the confidentiality of the same has been compromised and the User shall also be solely responsible for any transactions/information, etc., which may be carried out/exchanged using the User ID, password, PIN, Biometric Authentication, Secured Token and Mobile Phone until such time as of TelyPay is notified by the User. All records of TelyPay generated by the transactions arising out of the use of the Facility, including the time of the transaction recorded, shall be conclusive proof of the genuineness and accuracy of the transactions. The authority to record the transaction details is hereby expressly granted by the User to TelyPay.

5. Any dispute arising out of or in connection to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Sultanate of Oman.

6. TelyPay may, at its sole discretion reject any transfer/remittance (outward/inward) request in case:

a) use the Online Service in any manner or for any purpose other than as expressly permitted by the Agreement.

b) does not meet TelyPay’s internal compliance requirements/policies.

c) Any rules, procedures and regulations related to international sanction laws or regulations.

d) Contains incorrect, incomplete, ambiguous or proscribed information. TelyPay shall incur no liability whatsoever for any loss or to any third party in this connection.

Note: This term sheet is effective from 6 th August 2022