Definitions
“Qippay.com,” “Qippay”, “Qip”, “us,” “we,” or “our” means QIPPAY Limited, a limited liability company incorporated under the laws of New Zealand and having its registered address 501/ 3 Northcroft street Takapuna, Auckland, 0623, New Zealand.
“Platform” means the (mobile) website and app on which the services is made available owned, controlled, managed, maintained, and/or hosted by Qippay.com.
“API” means the application programming interface provided by Qippay.
“App” means the mobile application software, the data supplied with the software and the associated media
“Document Trail” means all the documents provided to Qippay when make a payment request.
“Payment Request” means the documents sent to Qippay requesting the payment of a product, service or associated parties.
“Payment Recipient” means the recipient who receives the principal amount from Qippay.
“Payment Authority” means the request sent from Qippay to customers asking for confirmation of the details contained within the payment request are complete and accurate.
“Principal Amount” means the amount contained on the documents (typically an invoice) provided for payment.
“Processing Fee” means the amount charged to your customers or yourself in addition to our transaction fee incurred resulting from a payment request (less transaction fees) being less than the principal amount contained in the Document Trail.
“Services” means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
“Transaction fees” means the fee charged to process an invoice or payment request. Transaction fees are made up of two components: the underlying merchant fee charged to Qippay by our payment processor and service fee for providing our service.
Additional services fees may apply when using third party accounting services.
“Website” means any webpage, including but not limited to www.Qippay.com, where we provide the Services to you.
Scope & Nature of Our Service
We provide services which enable business to accept payments from businesses and individuals through debit and credit cards.
Qippay does not provide liquidity, finance, extension of credit or loans to business.
Qippay charges our customers a fee for the use of the services and may charges for any associated credit card dishonour fees or penalties incurred when insufficient funds are available on the businesses selected payment method.
Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, (star) rating, or type of service of any credit card provider (or its facilities, rewards, fees, (main or supplemental) products or services) made available, unless explicitly indicated or set out otherwise.
The information and services provided are intended for use exclusively with our services. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, products, or services available on our Platform for any commercial or competitive activity or purpose.
At all times, it remains the responsibility of the customer to ensure that the correct payment details are provided with any payment request. Qippay will only use the provided recipients bank details to pay the principal amount. Should a discrepancy be identified, Qippay will notify the customer and request an amended payment request.
Transactions, Fees and Timeframes Fees
Qippay charges a transaction fee for its services. Transaction fees are charged in conjunction with the principal amount. The cardholder is charged the fee unless the business choses otherwise.
You authorise Qippay to collect fees and charges for processing payment requests as part of our services. The transaction fee will be displayed within each payment authorisation request sent from Qippay.
Transaction fees exclude GST. If applicable, GST will be charged in addition to the quoted transaction fee.
Payment Processing and Settlement Timeframes
Payments processed by Qippay may take up to 4 business days to arrive in the intended recipients bank account. Qippay will transfer the principal amount using the bank details provided once we have received cleared funds. The settlement timeframe for the intended recipient will various significantly depending upon the recipient’s financial institution.
Processing for the first time
When you start processing live payments from your customers, you won’t receive your first payout until 7-14 days after receiving your first successful payment. After your first payment, it will return to the usual time mention above.
Failed or returned transactions Chargebacks
If there is a chargeback or payment dispute you agree to accept the cost of the dispute until the dispute is resolved through the card provider. Once the dispute takes place, you will be notified and sent the required forms to help you resolves the dispute.
You can request a refund from the point in time that you approve a payment authority up until Qippay processes the payment to the payment recipient. All refunds will be processed by the same method that the payment was initiated.
Direct and Indirect taxation and penalties
You are responsible for all, if any, applicable taxes arising from your use of our service. This includes fees, fines, penalties, back taxes or other liabilities deemed payable. You will remain liable for any breach of this agreement that results in a liability being charged to Qippay.
Responsibilities, Liabilities and Indemnity Liabilities
In agreeing to use our service, you agree to be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, our website, our services or this agreement.
Indemnity
You agree to indemnify, defend and hold harmless Qippay and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Any indemnity given to us in these Terms continues after you cease using our services.
Governing Laws
The terms of this agreement and any separate agreements whereby we provide you services are governed by and construed in accordance with the laws of New Zealand. By using our service, you agree we will both, failing any alternative dispute resolution attempts, go to the Courts of New Zealand for resolution of any dispute. If any part of our Agreement is held to be illegal or invalid, then only the illegal or invalid part will be void and the rest of our Agreement will remain in full force and effect. If either of us does not require performance at any time of an obligation under this Agreement, we will still be able to seek to enforce that obligation if we choose.
Prohibition of class representative action
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and not in a class or representative action. Neither party to this Agreement will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
If you have a dispute with one or more Recipients or other third parties, you release Qippay (and our officers, directors, agents, 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.
Warranties
Except as provided in the Consumer Guarantees Act 1993, no warranty, description, representation or advice given to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise are made by Qippay in relation to services on our website.
Force Majeure
Qippay shall not be liable for any issues or delayed performance caused by circumstances beyond Qippay’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, service provider failures or delays.
System Availability
Qippay will use commercially reasonable efforts to make the Services available at all times except for: (a) planned downtime for routine maintenance or system updates, or (b) any unavailability due to Force Majeure. Qippay will attempt to notify you in advance of any planned downtime.
Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without Qippay’s prior written consent. Qippay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
No Waiver
If Qippay fails or delays in exercising any right, power or remedy or to take action against any breaches of this Agreement, it does not mean that it waives its right at a later time to enforce the same.
Restricted Categories
Card providers such as MasterCard, Visa and American Express may choose to limit categories for payment. Should this occur, Qippay will provide a list of restrictions within these terms and conditions
Service Restrictions
You must be 18 years or over to use our service and may be required to provide a verifiable proof of identity.
You must have authority to bind your business. By submitting a payment request, you are confirming that you have the authority to bind the business or entity on whose behalf you use our services and that business or entity accepts these terms.
You must not use our service to violate any applicable laws. You take responsibility for any consequences of breach of this section.
Privacy and Cookies
Qippay respects your privacy. Please take a look at our Privacy Policy for further information.
Intellectual Property Rights can use our services
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Qippay.
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Variations
Unless We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
Contact information
Questions about the Terms and Conditions should be sent to us at info@qippay.com