1. Introduction1.1. These are the terms of service (the "Terms of Service") governing the use of XPay Services, including the XPay Account, provided by PostEx (“PostEx”, “XPay” “us”, “we” or “our”) to users that include those who create or use XPay Accounts on the Website, either personally or by a Third-Party Representative (“Users”, “you” or “Merchant”).
1.2. These Terms of Service outline the agreement between users and XPay.
1.3. Access to or use of XPay Services is only allowed if you agree to these Terms of Service.
1.4. It's advised to thoroughly read and consider seeking legal advice before creating an XPay Account.
1.5. These Terms of Service detail the obligations and risks associated with using XPay Services upon creating an XPay Account.
1.6. Capitalized terms within these Terms of Service hold specific meanings unless indicated otherwise.
2. Applicability2.1. These Terms of Service apply to legal relations between PostEx and Users.
2.2. These Terms of Service apply separately to each XPay Account, except specific provisions related to Disputes, refunds, Reversals, Suspension, and Termination.
3. Duration3.1. These Terms of Service are effective from the Effective Date and continue until termination.
3.2. Users can terminate these Terms of Service by requesting PostEx to close their XPay Account.
3.3. Termination of one XPay Account doesn't affect any other account until terminated in terms noted herein.
3.4. Non-use or inactivity of an XPay Account won't constitute withdrawal from these Terms of Service, nor shall it operate as a release or discharge of any obligations, liabilities, or undertakings accrued by the user under these Terms of Service prior or during to such non-use.
4. Disputes, Refunds, and Reversals for Payment4.1. Unless agreed separately between you and us, you are responsible for refunding a Customer for any Transaction through a Payment Method. This means that you will have to refund your Customer either through a separate bank transfer to them or otherwise. We accept no responsibility for assisting you with this.
5. Errors in Payments/Transactions5.1. Where we owe you money due to any error(s) (if established through the terms noted in Exhibit A below), we will use commercially acceptable efforts to have the Acquiring Bank credit your linked Bank Account with Available Net Funds linked to such error(s), along with regular credits for Transactions that take place on the next Business Day (or as agreed differently between you and us) after identifying the error(s).
5.2. If you owe the Acquiring Bank money due to any error(s), the Acquiring Bank will reduce payouts to your linked Bank Account by the amount linked to such error(s) that would otherwise be credited for Transactions on the next Business Day after identifying the error(s).
5.3. We may also require that you return any money owed to us or the Acquiring Bank via a bank transfer to any account specified by us. You agree that any amounts owed by you to us will be considered a debt that you owe us. This debt is payable on demand, and we have the right to set-off owed amounts against any Funds (current or in future) in your XPay Account(s).
6. Status of a Settlement6.1. You agree that the Settlement Schedule is an estimated time period for settlement. Delays can occur due to circumstances beyond our control, and we limit liability for transfers exceeding the Settlement Schedule.
6.2. We reserve the right to refuse, condition, or suspend a Settlement under certain circumstances, including breaches of agreement, disputes, excessive chargebacks, unauthorized activity, or regulatory requirements.
6.3. In cases of unauthorized, fraudulent, or illegal use, we may share information with relevant entities. This may include data about you, your XPay Account, Customers, and Transactions.
7. General Terms7.1. All names, logos and marks appearing on the Website, except as otherwise noted, are trademarks owned or used under license by us and our affiliates. The use or misuse of such names, logos and marks or any other content on this website, except as provided in these Terms of Service, is strictly prohibited.
7.2. All copyright in the website design, text, graphics, the selection and arrangement thereof, and all software relating to this website, belongs to or is licensed by us and our affiliates.
7.3. You may not sell or modify the content of the Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without our written permission.
7.4. The Website (including any material, information and software made available on it) is provided “as is” without any representations or warranties, express or implied including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.
7.5. Without prejudice to the generality of the foregoing we do not warrant that the Website will be constantly available, error free, or that the information on this website is complete, true, accurate or non-misleading.
7.6. Nothing herein or on the Website constitutes, or is meant to constitute, opinion or advice of any kind. You acknowledge that any reliance on any such opinion or advice or on any statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the website. We may make any other changes to the website, the material and information, software or prices (if any) described in the Website at any time without notice.
7.7. We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website for any direct, indirect, special or consequential loss or for any loss of business, revenue, income, profits, contracts, goodwill, or loss or corruption of information or data.
7.8. By using the Website, you agree that the limitations of liability set out in these Terms of Service are reasonable.
7.9. The Website may contain links to third-party websites. These 1Taps are provided solely as a convenience to you and not as an endorsement by us of the contents on such third party websites. We are not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of content on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
7.10. You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website.
7.11. You understand and agree that XPay is merely providing XPay Services under this Agreement and any breach by you may render XPay liable to third parties. You fully agree to completely indemnify and hold harmless XPay in relation to any consequence arising thereof. You agree to defend, indemnify, and hold harmless us, our officers, employees and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from your use of the material, services, or your breach of the Terms of Service set out herein.
7.12. If any provision(s) of these Terms of Service is, or are found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions herein.
7.13. You warrant and guarantee that the following products and/or services will not be offered, sold or delivered on any Website or Mobile Application: firearms, alcohol, explosives, pornography materials or any related or similar good or service of any kind whatsoever, live animals, banned and/or illegal drugs or other controlled substances, fireworks or pyrotechnic devices or supplies, hazardous materials, combustibles or corrosive bulk email software or mailing lists, gambling transactions, multi-level marketing collection fees, matrix websites or websites using a matrix scheme approach, promotion or information in relation to working from or at home, website promotion or search engine registration fees, wire transfer products and services, any other goods, products or services which do not comply with any applicable law or regulation whether federal or provincial laws of Pakistan.
7.14. These Terms of Service shall be governed by and construed in accordance with the laws of Pakistan. Any dispute between the Parties, unless amicably settled, shall be referred to the competent court in Pakistan whose decision shall be final and binding on the Parties.
8. DisclaimerThe content and functionality on the Website is provided with the understanding that we are not engaged in making payments. We are an intermediary between banks, Payment Service Organizations, (PSO), Merchants and their users. All content and functionality on the website are provided "as is," without warranty of any kind, either express or implied. Further, we make no warranties, express or implied, as to the accuracy, or adequacy of the Website or that the services provided or the functionality on the Website will be uninterrupted or error-free or free from any virus or other malicious, destructive or corrupting code, or program.
You hereby acknowledge that the use of the Website and services is at your sole risk. Under no circumstances shall we or any of our predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors or assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Website or the services, including for viruses alleged to have been obtained from the Website, even if we have been advised of the possibility of such damages or losses and regardless of the theory of liability.
9. DefinitionsAcquiring Bank means any bank(s), financial institution(s), or other partner(s) (as may change) with relationships with any networks.
Available Net Funds means Funds minus XPay Charges transferred to your linked Bank Account.
Business Day means a non-weekend day when banks are open in Pakistan.
Business User(s) means [to be inserted].
Card Payment means a Transaction with Visa, Mastercard, or UnionPay cards.
Charge means an instruction to capture Funds from a Customer's account.
Chargeback means a dispute by a Customer with their card/payment institution.
Customer means any person using XPay Services to pay you.
Bank Payment means a Transaction where Customers pay using Pakistani bank accounts or mobile wallets.
Settlement means crediting your linked Bank Account after a Bank Payment Transaction.
Effective Date means the date you electronically sign our Terms of Service or open an XPay account, whichever occurs first.
Funds means the gross amount charged in a Transaction processed using XPay Services.
linked Bank Account means the bank account linked to your XPay Account.
Network means Visa, MasterCard, Union Pay, or similar organizations.
Payment Method means Card Payment or Bank Payment.
Person means natural or legal persons.
Reversal means instruction to return Available Net Funds to a Customers.
Xpay Account means any Xpay account.
Xpay Charges means fees paid to PostEx for making Services available.
Xpay Services means payment facilitation and processing.
Settlement Schedule means settlement timelines.
Transaction means a purchase, sale, or order.
Website means our website xpay.postexglobal.com.
Exhibit A (Error Resolution)a. An “Error” means the following:
(i) An unauthorized Transaction (i.e., through theft or fraud).
(ii) When a transaction is incorrectly recorded in your linked Account.
(iii) You send a payment and the incorrect amount is debited from your linked Account.
(iv) An incorrect amount is credited to your linked Account.
(v) A transaction is missing from or not properly identified in your Transaction History as evidenced by you.
(vi) There is a clear computational or mathematical error related to your 1Tap Account that you can evidence.b. In case of Errors or questions about your electronic transfers
(i) contact us at
support@postexglobal.com.
(ii) Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after the problem or error appeared on your 1Tap Transaction History.Tell us your name and account number. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.Tell us the amount of the suspected error.
(iii) If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
(iv) We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly.
(v) We will tell you the results after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
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