IQ Payments

By registering as a user you acknowledge reading this Terms & General conditions, and hereby accept with no restrictions the terms in this document.

Introduction

You must read, agree with, and accept all of the terms and conditions and the Privacy Policy also set out below, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user or have any use of this web site. We strongly recommend that, as you read this document, you also access and read any other legal notices posted on the web site and the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a user. Please note: underlined words and phrases are links to these pages and websites. By accepting these terms and conditions, you also agree that your use of other linked or associated websites and Services will be governed by the terms and conditions posted on those websites.

In this document “you” or “your” means any person or entity using the service (“users”) provided by this web site, (the "Service"). Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" also include Visa and MasterCard branded debit cards.

Eligibility

Our Services are only available to individuals or businesses that can form legally-binding contracts under applicable law. Our Service is not available to persons who are suspended from our Service, or to persons who present an unacceptable level of fraud or credit risk.

The Legal Relationship between You and Us

Agency Relationship. Wet act as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. We will at all times hold your funds separate from our corporate funds, and we will not use your funds for our operating expenses or any other corporate purposes, and will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) We are not a bank and the Service is a payment processing service rather than a banking service, and (ii) We are not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

You are not required to keep funds in the our system (i.e., carry a balance in your Account) to use the Service. If you do carry a balance in your account, We will pool your funds together with funds from other Users. Those funds shall be held with an Official Registered Banking institution (The Bank). You agree that you will not receive interest or other earnings on the funds that we handle as your agent. We may receive interest and / or a reduction in fees or expenses charged for banking services by the bank that holds your funds.

By initiating and sending payments through the Service or adding funds to your balance, you appoint us as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate or to a Pooled Account, subject to the terms and restrictions of this Agreement. We will obtain the funds first by debiting your funds in the Pooled Accounts. If this is not sufficient to fund your payment fully, we will not process your request Or any part thereof.

By receiving payments through the Service, you appoint us as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you give us further instructions about the transmission of your funds. Via SMS instructions from your mobile phone to us, or through our Mobile Wallet website or other means as our service makes available from time to time, you may provide instructions to withdraw the funds or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through our service but you have not registered for the Service, we will not become your agent and you will have no claim to those funds unless and until you register for the Service. By registering for the service, you indicate your acceptance of the payment.

Our Service is only a Payment Service Provider and SMS marketer. We act as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet and accessible via a mobile phone. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

Identity Authentication

We use many techniques to identify our users when they register on our website. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize us ,directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, we cannot and do not guarantee any user's identity.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

No Warranty

WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and credit or debit cards or other funds transfers are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the banking system mobile telephone networks or internet. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or country to country.

Limitation of Liability

IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states in some countries do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you . OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARE 100% NOT LIABLE. IN JURISDICTIONS WHERE IT IS NOT LEGAL TO PLACE A LIMIT ON LIABILITY, OUR LIABILITY WILL NOT EXCEED THE ACTUAL AMOUNT OF DIRECT DAMAGES.

Indemnification
You agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

Liability for Violations of the Acceptable Use Policy
If you engage in the following behaviour, we may fine you, as explained below.

Acceptable Use Policy

1. Using the service to receive and make payments for any sexually oriented or obscene materials or services.
2. Using the service to receive and make payments for any narcotics, other controlled substances, steroids or prescription drugs.
3. Using the service to receive and make payments for illegal wagers, illegal gambling debts or illegal gambling winnings, regardless of the location.
4. Using the system to harass other users.
5. Using the service to launder money.
6. Any act of terrorism, violence or harm.

You and us agree that the damages that we will sustain as a result of the behaviour outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then we may fine you $1,000and/or take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $1,000 is presently a reasonable minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that we are entitled to deduct such fines directly from any existing balance in the offending account, or any other account owned by you.

If you use the service in a manner that violates the Acceptable Use Policy, including but not limited to the five categories described above, your account will be subject to limitation or immediate termination.

You further understand that, if you use the service in a manner that violates the Acceptable Use Policy, including but not limited to the six categories described above, we may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this User Agreement (currently Section 10.2), you acknowledge liability to us for any and all damages suffered by us. Without limiting the foregoing, you agree to reimburse us for any and all costs, expenses, and fines levied by our payment processors and/or service providers as a result of your activities.

You agree that, if either you or us commences litigation or arbitration in connection with this paragraph, the party that succeeds is entitled to recover reasonable legal fees and any other costs incurred in such a proceeding in addition to any other relief to which the prevailing party may be entitled.

Fees

All user fees are set forth in the Fee Schedule. Your account and all transactions are made and displayed in US Dollars or in EUR currency or such other currency or equivalent we allow to be used. Fees can be found in your debit card packaging or accessible in the card terms and conditions.

Receiving Payments

Credit Card / Debit Card Deposit
In special circumstance we will accept a credit card or Visa Debit Card Deposit, and you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a credit card-funded deposit made to your account, we will reverse the payment and debit your account balance to pay for the reversal. If there are insufficient funds in your balance, you agree to reimburse through other means.

Transfers from another user
If another user transfers funds from their account to yours, those funds are subject to reversal if the original funds came from a Credit Card / Debit Card deposit.

Sending Payments and PIN security

Sending Payments
All users have a transaction limit of $2,500per day, with a maximum of $10,000per month for the total amount of transactions unless the user has been verified by submitting picture identity documents. This includes sending funds to other people with the service as well as purchases made via the service and withdrawals. If you send funds to a registered mobile phone, and the user is not registered with us, we will phone the user as invite them to register. If they do not register within a reasonable time period, we will transfer the funds back to you less a processing fee.

To validate your account, we may phone you at random. If the mobile phone you register at account setup is not available to receive this call, your account may be closed.

Refused Payments

When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with an account. The recipient is free to return payments or, in some cases, to use our system to refuse payments that you have sent. Any payments sent through us that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the first working day after the date of such denial, or (b) 30 days after the date the payment is sent.

It is your responsibility to keep your secure code secure. This includes but is not limited to your requirement to delete any reference to the PIN which may save to your phone memory after a transaction. We are not liable for transactions where passwords have been stolen or where the security code has been copied.

Withdrawals

You can withdraw funds by any of the methods we establish with the service. There is a withdrawal limit of $2,500per day unless another amount is agreed between you and us. You may withdraw funds to an Official Banking Institution, debit card, visa or master card or other approved payment institution.

Loss and illegal use of your Mobile Phone or Internet account. If you lose your mobile phone, or if it is stolen, you must phone us as soon as possible to advise us of the loss. The operator will provide you with a reference number.

Your Information and *Restricted Activities*

Definition
"Your Information" is defined as any information you provide to us or other users in the registration, payment process, shops or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities
Your Information and your activities (including your payments and receipt of payments) through our Service shall not:

1. be false, inaccurate or misleading,
2. be fraudulent or involve the sale of counterfeit or stolen items,
3. consist of providing yourself a cash advance from your credit card (or helping others to do so),
4. be related in any way to illegal gambling and/or illegal gaming activities, including but not limited to payment or the acceptance of payments for illegal wagers, gambling debts or illegal gambling winnings, regardless of the location of gambling activity (including illegal online and offline casinos, illegal sports wagering and illegal office pools),
5. violate our Acceptable Use Policy,
6. infringe any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy,
7. violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising),
8. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing,
9. be obscene or contain child pornography,
10. contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.
11. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
12. acts of terrorism violence or harm to another. If you use, or attempt to use, the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

License
Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. We will use and protect Your Information in accordance with our Privacy Policy.

Trademarks
We make your money mobile and all related logos, products and services described in this website are either trademarks or registered trademarks of us, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Notwithstanding the above, HTML logos provided by us through our Website Payments features may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos must not be altered, modified, or changed in any way, or used in a manner that is disparaging to the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by us. Our system is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Privacy and Security

We do not sell or rent your personal information to third parties. We only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. You should only log in to your account on a page which clearly identifies our service. Do not use any other site that does not begin with our Web address! We use third parties to verify and certify our privacy principles. If you object to your information being used in alignment with this policy, please do not use our Services.

Termination or Closing Your Account

You can close your account at any time by lodging a support ticket on our Customer Service page. When an account closes, any pending transactions will be cancelled. Any funds that we are holding for you at the time of closure, less any applicable fees, within 30 days will be paid to you as per your instructions, assuming all withdrawal-related authentication requirements have been fulfilled. You cannot use closure of your account as a means of evading investigation: if an investigation is pending at the time you close your account, we may continue to hold your funds for up to 180 days as appropriate to protect us against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding the escheat (handing over) of unclaimed property.

Remedies and Our Right to Collect From You

Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if:

1. you breach this Agreement or the documents it incorporates by reference,
2. we are unable to verify or authenticate any information you provide to us,
3. we believe that your account or activities pose a significant credit or fraud risk to us,
4. we believe that your actions may cause financial loss or legal liability for you, our users or us or
5. your use of your account is deemed by us to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the system to test credit card behaviours. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your account, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank account (for withdrawals). In addition, we reserves the right to hold funds beyond the normal distribution periods for transactions it considers suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your account.

Additionally, to secure your performance of this Agreement, you grant to us a lien on and security interest in your account. In addition, you acknowledge that we may off-set against any accounts you own for any obligation you owe to us at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. We may consider this Agreement as your consent to us asserting our security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to, and apart from, any other rights.

Assignment of Account

You cannot transfer any rights or obligations you may have under this Agreement without our prior written consent. We reserve the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

Legal Compliance

You shall comply with all applicable international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

Notices

Electronic Communications
You agree that this Agreement constitutes "writing signed by you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. Electronic Communications may be posted on the pages within our website and/or delivered to your email address. You can print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) working days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right to provide Communications in paper format, but assumes no obligation to do so.

Credit Report
You agree that we can order and review your credit report with the sole purpose of assessing your fitness to hold an account and/or your ability to use the Service or features thereof.

Procedure
Except as explicitly stated otherwise, any notices shall be given by postal mail to the address set out on the contact page of this web site, or to our online message centre or the email address you provide to you during the registration process (in your case). Notice shall be deemed as given 24hours after response or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Legal Disputes

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and us agree that any controversy or claim at law or equity that arises out of this Agreement or the services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by you and us. Before resorting to these alternatives, we strongly encourage users first to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, you or us may elect to resolve the dispute through binding arbitration conducted by telephone, online, and/or based solely upon written submissions where no in-person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court
Alternatively, a court of competent jurisdiction may adjudicate any claim. Both parties agree to submit to the personal jurisdiction of the courts located within the agreed jurisdiction.

Alternative Dispute Resolution
We will consider use of other alternative forms of dispute resolution, such as binding arbitration or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party who is first to assert a Claim, either through starting a court case or by starting arbitration. Should either party file an action contrary to this Section, the other party may recover legal fees and costs up to $USD1,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

General

This Agreement is governed by and interpreted under the laws of the Seychelles.

We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates detail the entire understanding between us concerning its subject matter. Sections Fees, Release, Limitation of Liability, and Legal Disputes shall survive any termination or expiry of this Agreement.

Disclosures

You can have this agreement emailed to you by sending a letter to the address above with your email address and a request for this information. Disputes between you and us about our Services can be reported to Customer Support online at any time.

 

Forbidden Activity