Legal

Customer Terms

Please read our customer terms thoroughly

1. Introduction

Safepay (Private) Limited ("Safepay"), is a private limited company registered with the Securities and Exchange Commission of Pakistan (Registration No. 0162364) and operates as a payment service provider regulated by the State Bank of Pakistan. Safepay facilitates Pakistani businesses in accepting online payments from their customers, both locally and internationally.
These customer terms ("Customer Terms") set forth the legal basis on which Safepay permits the Customers to use any of the Safepay Services. By using the Safepay Services, each Customer agrees and acknowledges as follows:

2. Definitions

Unless the context states otherwise, all capitalized terms used in these Customer Terms shall have the meanings ascribed to them as follows:
  • Customer means any person (natural or legal) that attempts to and/or uses the Safepay Services to pay a Merchant in connection with a Transaction.
  • Merchant means any person (natural or legal) on-boarded with Safepay as a merchant and that uses the Safepay Services to accept online payments from Customers in connection with a Transaction.
  • Safepay Services means all financial and technological services provided by Safepay to facilitate electronic payments for Transactions between Merchants and Customers including but not limited to integration services, transaction processing, payment authorization, settlement of Funds enabled via various products including Checkout, Quicklinks, Safepay Dashboard, Subscriptions, Routing, Shopify Plug-ins, APIs and SDKs.
  • Transaction means any particular purchase, sale, order, donation or other transaction that takes place as part of Merchant's business or any other activities for which the Merchant is paid by the Customer using Safepay Services.

3. Covenants, Representations, and Warranties

      3.1 Customer hereby represents and warrants that it is at least eighteen (18) years of age or the age of majority as prescribed by applicable law in their jurisdiction.
      3.2 Customer agrees not to use Safepay Services for any purpose that is fraudulent, unlawful, abusive, or otherwise prohibited by applicable laws and regulations.
      3.3 Customer agrees that it will be solely responsible for maintaining the confidentiality of its account credentials and for all activities that occur under its account with Safepay, if any.
      3.4 Customer further represents and warrants that all transactions initiated through Safepay Services are conducted in compliance with all relevant legal requirements and that it shall not engage in any activities that could compromise the integrity, security, or lawful operation of Safepay Services.
      3.5 Any breach of this clause 3 may result in the immediate suspension or termination of access to Safepay services, as well as potential legal action.

4. Responsibility for Merchant Products and Services:

Safepay bears no responsibility or liability for the products or services advertised, offered, or sold by any Merchant through its platform. Any transaction initiated through Safepay Services for the purchase of goods or services is solely between the Customer and the Merchant. The Customer remains solely responsible for their contractual relationship with the Merchant, and Safepay disclaims all liability in connection with such transactions.

5. Legitimacy of Merchants

While Safepay takes reasonable efforts to ensure that Merchants using Safepay Services operate legitimate businesses, Safepay does not warrant or guarantee the legitimacy, quality, or legality of the products or services offered by Merchants. Safepay shall not be held liable for any claims, disputes, or issues arising from the purchase or use of products or services offered by a Merchant through its platform.

6. Completion of Transactions:

Safepay makes no representation or warranty regarding the successful completion of any Transaction conducted through Safepay Services. The Merchant is solely responsible for the delivery of goods or services purchased by the Customer, as well as for providing any necessary support related to such purchases. Customer is strongly advised to review the Merchant's return, refund, and exchange policies prior to completing any Transaction through Safepay Services.

7. Donations:

In the case of donations made using Safepay Services, Safepay is not responsible for any communications, representations, or assurances made by the Merchant regarding the use of such donations. The Merchant remains solely accountable for the application of donated funds and any related communications with the Customer.

8. Subscription Payments

      8.1 In case the Customer is using Safepay Services to make subscription payments, it must acquaint itself fully with all the terms and conditions laid out by the Merchant regarding the subscription plan it wishes to purchase. In cases where disputes or liabilities arise from these Merchant-imposed terms and conditions, the Merchant bears sole responsibility. Safepay shall not intervene in these matters nor accept any liability for them.
      8.2 Safepay allows Customer to save and manage information for an accelerated experience by storing information (via tokenization) upon authorization by the Customer and retrieving it for faster checkouts. When a Customer makes a subscription purchase, the Customer will be asked to create a Customer Account and save its information with Safepay or use its already saved information to an existing Customer Account for future payments across Merchants when the Customer is logged in with Safepay on the same browser, app or device.
      8.3 By signing up to create a Customer Account, Customer authorizes Safepay to collect and save the following information: Customer's first name, last name, email address, password, and mobile phone number ("Account Information"); and Customer's credit/ debit card number, expiry and CVV, contact details of the card owner and billing details (country, address and city) ("Payment Information"). Collectively, Account Information and Payment Information is referred to as "Information."
      8.4 All Information collected from the Customer in connection with its use of subscriptions is governed by Safepay's Privacy Policy. Notwithstanding anything to the contrary contained in the Privacy Policy, Safepay confirms that Safepay does not store any Payment Information on its system or servers in any manner, whatsoever. Safepay only facilitates the tokenization of the credit/debit card using the Payment Information Customer provides with its Payment Partner.
      8.5 By providing Safepay the Information, the Customer agrees and confirms that it is authorized to share and use the Payment Information provided and Safepay shall not, in any manner, be held liable or responsible for any errors or inaccuracies resulting from the incorrect insertion of Information OR an authorized sharing of the Information on Customer's part.
      8.6 The Customer may be allowed to modify or add new payment instruments (such as credit or debit cards) to their Customer Account. The Customer authorizes Safepay to securely store the details of each new payment instrument as part of the Customer's Payment Information within their account. In the event that multiple payment instruments are added by the Customer, it is required that the Customer select one credit or debit card to be designated as the payment instrument for each subscription plan the Customer subscribes to. Once a payment instrument is selected for a particular subscription, the Customer will not be permitted to change the designated payment instrument during the term of the active subscription.
      8.7 After selecting the preferred payment instrument, the Customer will be automatically directed to a subscription terms page. This page will provide a comprehensive summary of the chosen subscription plan, including details about the designated payment instrument and the associated payment schedule. The Customer is strongly advised to carefully review this summary to ensure its accuracy and confirm that the correct payment instrument has been properly recorded. It is important to note that any errors or inaccuracies resulting from the Customer's incorrect selection of a designated payment instrument will not render Safepay liable or responsible.
      8.8 The Customer may remove their Payment Information from their Customer Account. Please be aware that removing a designated payment instrument from the Customer Account does not cancel or alter any outstanding amounts owed to a Merchant. However, such removal will result in the next payment cycle being unsuccessful, and Safepay will not be responsible for any further actions related to or arising from the Customer's subscription with the Merchant.
      8.9 Any requests for modification or cancellation of the subscription chosen by the Customer from a Merchant are subject to the sole discretion of the Merchant. Safepay does not assume any responsibility or authority concerning these requests. For inquiries or requests related to changes in the subscription, the Customer should directly contact the Merchant providing the services or refer to the Merchant's official website for detailed information and instructions.

9. Dispute Resolution:

Although Safepay reserves the right to intervene in disputes between Customer and Merchants concerning payments made through Safepay Services, Safepay is under no legal obligation to do so. Any such intervention shall be at Safepay's sole discretion and does not imply an assumption of responsibility for the outcome of the dispute.

10. Security

Safepay is a PCI-certified service provider, having achieved the highest security certifications required to safeguard the integrity and reliability of its systems. This certification ensures that both Safepay's Merchants and their Customers can trust the security of transactions processed through Safepay Services. For more information on Safepay's security protocols, please refer to our security guide.

11. Disclaimers

      11.1 Safepay Services, including all content, software, technology, functions, and materials provided in connection with the same, are provided on an "as is" basis. To the fullest extent permitted by law, Safepay, its directors, employees, affiliates, agents, merchants, and independent contractors (collectively, the "Disclaiming Entities") make no warranties, either express or implied, regarding the Safepay Services, including without limitation, non-infringement, merchantability, or fitness for a particular purpose.
      11.2 The Disclaiming Entities do not warrant that Safepay Services will operate uninterrupted or error-free, nor are they responsible for any service interruptions, including system failures or disruptions affecting payment transactions. Furthermore, the Disclaiming Entities are not liable for the accuracy of payment instrument details or reward program information provided through the services.

12. Limitations of Liability

      12.1 Under no circumstances shall any Disclaiming Entity be held responsible or liable to the Customer or any third party for any indirect, consequential, special, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, loss of goodwill, loss of use, loss of data, or any other intangible losses, arising out of or in connection with the Safepay Services or any goods, services, or information purchased, received, sold, or paid for through the Safepay Services. This limitation applies regardless of the nature of the claim or the cause of action, whether based in contract, tort (including negligence), or otherwise, even if the Disclaiming Entity has been advised of the possibility of such damages.
      12.2 In no event shall the total cumulative liability of the Disclaiming Entities, arising from or related to these Customer Terms or the use of Safepay Services, exceed the amount of fifteen hundred (1,500) Pakistani Rupees. Both parties expressly acknowledge that this limitation of liability is a fundamental element of the agreement between the parties and that Safepay would not be able to provide Safepay Services on the same terms without this limitation.

13. Force Majeure

Additionally, and without limiting any of the foregoing, no Disclaiming Entity shall be liable for any failure or delay in the performance of its obligations under these Paying Customer Terms of Service resulting from any cause beyond its reasonable control. Such causes include, but are not limited to, governmental actions, acts of terrorism, earthquakes, fires, floods, pandemics, epidemics, other acts of God, labor strikes, power failures, internet disruptions, or any other similar events.

14. Termination

Safepay may suspend or terminate the Customer's access to Safepay Services if the Customer violates these Customer Terms or for any other reason at its discretion. Upon termination, Customer's access to Safepay Services will be terminated, but any transactions completed prior to termination will remain valid.

15. Governing Law

These Customer Terms are governed by the laws of the Islamic Republic of Pakistan.

16. Data Privacy

By using Safepay services, Customer agrees to Safepay's Privacy Policy, which is incorporated into these terms and outlines how Safepay handles personal data.

17. Miscellaneous

Safepay's failure to enforce any provision of these terms shall not be deemed a waiver of that provision. If any part of these terms is deemed invalid or unenforceable by a court, the remaining provisions shall continue to be enforceable to the fullest extent permitted by law.

18. Contact Information

For any complaints regarding payments made using Safepay Services or issues with Merchants paid via Safepay Services, Customer can contact Safepay at support@getsafepay.com or lodge a complaint through the Safepay website. Please provide all relevant details to assist Safepay in addressing the matter.