Introduction
- You (the “Buyer”) agree to these Payment Link Terms when you use a SadaPay-generated payment link to pay the invoice of the Seller (“Payment Link Service”). The Payment Link Service is an invoicing service provided by SadaPay UK Ltd. (“SadaPay,” “we,” or “us”), a private company incorporated under the laws of the United Kingdom.
- ‘Seller’ means the user who is selling goods or services using Payment Link Service. By agreeing to these Payment Link Terms, you accept SadaPay as your invoicing service provider.
- You agree that you are at least 18 years of age or above.
- Payments processed through Payment Link Service are securely processed by licensed third-party payment processors including Checkout (UK) “Other Service Provider(s)”. Your use of Payment Link Services and consequent payment(s) are also subject to the Other Service Provider(s) privacy policies, terms of use, payment services, or other applicable terms and conditions.
Commercial Agent
- We serve as the Seller’s commercial agent authorized to conclude the sale of goods and services on behalf of the Seller and collect payments from you to remit those payments to the Seller.
- We serve as your invoicing service provider and all payments collected from you by us will satisfy your obligation of payment to the Seller upon receipt of such payment(s) by us, and we are responsible for remitting those funds onwards to the Seller.
- SadaPay only provides the invoicing payment platform and only the Seller is solely responsible for goods or services sold.
Your Obligations
- You agree and acknowledge that you will not use the Payment Link Service to pay for any goods or services prohibited under any applicable law in any manner to conduct any activity in violation of applicable laws and, for any activity linked with terrorist financing, money laundering, bribery, corruption or fraud.
Liability
- We expressly exclude all warranties and representations including merchantability, fitness-for-purpose, commerciality, originality, validity or legality of the goods or services sold by the Seller.
- If we do not remit any such funds to the Seller, the Seller will have recourse only against us and not you directly.
- We or our officers, directors, employees, Other Service Provider(s) affiliates or agents will not be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages in connection with the Payment Link Services, payments processed through Payment Link Service, Privacy Policy (however arising), including, but not limited to, damages for lost revenue, loss of data, lost profits, anticipated profits, lost business or opportunities, injury to business reputation, or cost of procurement of substitute services, under any theory of liability or cause of action whether in tort (including negligence), contract or otherwise, regardless of whether we were aware or informed of the possibility of such damages.
- You understand and agree that Payment Link Services may not always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. You agree that we shall not be liable for disruptions or impairments of the Payment Link Services.
Fraud and Risk
- We will take reasonable steps to prevent fraudulent transactions, such as screening payment transactions conducted through Payment Link Service through fraud and risk monitoring tools and using 3D Secure standards of security and protection. This, however, does not guarantee that all transactions will be fraud-free.
- We will not be liable in any manner for any fraudulent transaction or fraudulent use of our services by the Seller.
Indemnification
- You will indemnify, defend and hold us and our employees, directors, agents, affiliates, Other Service Provider(s), and representatives harmless from and against all claims, costs (including reasonable attorneys’ fees), losses and damages arising out of any claim, action, audit, investigation or other proceeding resulting from (i) your breach of any applicable law, rule or regulation or of any of the provisions of the Payment Link Terms, Privacy Policy or Other Service Provider(s)’ terms and conditions (ii) your wrongful or improper use of Payment Link Services; (iii) any payment submitted by you through Payment Link Services or any transaction paid through Payment Link Services; (iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (v) your negligence or misconduct of any employee or person under your control.
Data and Intellectual Property
- We may collect and process your data in accordance with our Privacy Policy. In addition, we may collect all electronic and other records related to the payment transaction through Payment Link Services.
Dispute
- You should report any dispute pertaining to or arising from your use of Payment Link Services to us immediately. Without accepting any liability and subject to these Terms, we will make our best efforts to resolve your dispute.
Modification
- We may add or remove, suspend, stop, delete, discontinue or impose new conditions on use of Payment Link Services without notice.
Interpretation
- Unless otherwise provided here, the order of precedence for interpretation of terms and conditions to the extent of any conflict is (1) The Payment Link Terms; (2) Privacy Policy, and (3) Other Service Provider(s)’ terms, conditions, and privacy policy.
- These Terms will be governed by and construed under the laws of England. The Courts at Dubai International Financial Center will have exclusive jurisdiction to adjudicate any dispute arising from the use of these Payment Link Terms.