Please read the following Terms of Use, which shall be hereinafter referred to as ‘Terms’ laid down by Discovery Payment Technologies LLC (hereinafter referred to as ‘We’ ‘Us’ ‘Our’ and or ‘Company’), carefully as they affect your legal rights and obligations. Terms shall be applicable to all Users, hereinafter may be referred to as ‘You’ ‘Yours’ and or ‘User(s) as defined under these Terms, on Our Website ‘link’ and/or any other product/services in relation to or provided by Us.
Clicking the option of “I Accept” or use of the services offered by our Platform indicates expressly and impliedly that You agree to the Policy In the case that You do not agree to these Terms of Use, we do not authorize You to use the Platform and you shall cease any and all such use immediately until the acceptance of our Terms.
1. Definitions
1.1. Company, when these Terms mention “Company,” “we,” “us,” or “our,” it refers to Discovery Payment Technologies LLC.
1.2. Customer, shall mean the individual or entity that has availed the Services of the Company through this Platform after fulfilling the requirements mentioned below in detail.
1.3. Developer, shall mean the Customer that opts for the Services of TopUpkart.
1.4. Device, shall mean any internet connected device such as a phone, tablet, computer or any other device that can be used to visit the Platform and use the products.
1.5. End User, shall mean the final users of the product or services of the Customers of the Company through this Platform.
1.6. Platform, shall mean this website, (link) and the Services provided by it as defined herein.
1.7. Product, shall mean the application or software, existing or which shall be created upon association with the Company, for which the Customer avails the Services of the Company.
1.8. Publisher, shall mean the Customer that opts for the Services of Apptigo.
1.9. Services, shall mean the services or solutions provided by the Company as mentioned below in these Terms in detail.
1.10. User, shall mean the Customer that opts for the Services of DiscoveryPay.
2. Services/Solutions
The Company offers the following Services:
A. DiscoveryPay
A User can avail the Service of DiscoveryPay for the provision of a Payment Gateway and Payment Solutions for consideration and based on terms as mentioned herein.
Terms for DiscoveryPay
1. Eligibility
Any proprietor, registered entity can avail the Service of DiscoveryPay for payment solutions as a payment gateway upon successfully registering themselves with the Company, fulfilling the necessary requirements as directed by the Company.
2. User Responsibilities
A User shall ensure the following particulars before and/or during its association with the Company, throughout the term:
1. That it shall inform the Company at least 15 days before implementing any modifications, alterations in the nature of their business, in the wireframes of their product or services.
2. That it shall use DiscoveryPay solely for the product and/or services as specified by it at the time of the formation of association with the Company or as per the latest informed modification, as applicable.
3. That it shall not in any manner conduct or cause to conduct fraudulent transactions through DiscoveryPay.
4. That it shall strictly adhere to the terms of association as laid herein as well as through any other written and mutually agreed upon terms with the Company.
5. That it shall pay and the Company shall receive Consideration for Services rendered in accordance with the terms of the written agreement between the same parties.
6. That it shall give a reachable, reliable and active point of contact to the Company and in case of any change in the same, it shall inform the Company as soon as possible.
B. Apptigo
A Customer who does not have a self developed means of publishing a product and facilitating the payments thereof, it can register itself as a Publisher with the Company to avail the Service of Apptigo for the non-exclusive usage of a Software as a Service based on terms and stipulations as mentioned herein and as per any other written agreements mutually agreed between the parties.
Terms for Apptigo
1. Eligibility
Any proprietor, registered entity can avail the Service of Apptigo for using our software as a service and payment solutions upon successfully registering themselves with the Company, fulfilling the necessary requirements as directed by the Company.
2. Publisher Responsibilities
A Publisher shall ensure the following particulars before and/or during its association with the Company, throughout the term:
1. That it may not violate any laws in its jurisdiction (including but not limited to copyright laws), the laws that apply to the End User’s jurisdiction, the laws of India and UAE, by using the Apptigo Services for any unlawful or unauthorised purposes. In using the Service and carrying out its obligations under the Terms of Service, the Publisher will abide by all applicable laws, rules, and regulations, including but not limited to obtaining and adhering to the conditions of any licence or permit as required.
2. That as the principal in the transaction with the user, it shall be solely responsible for compliance with all applicable laws and other obligations around the world and/or applicable territories.
3. That if it utilises third-party materials for the final product, it shall secure the right to distribute the third-party content.
4. That it shall provide sufficient and appropriate terms of use, privacy protection, refund policies and any other policies required as per the applicable laws.
5. That it shall not utilise the Service for any other purpose other than the purposes informed to and approved by the Company and any change in the same shall be informed to the Company before its implementation.
6. That it shall pay a one time consideration at the time of signing the agreement for provision of a software as a service and shall credit towards the Company a fixed monthly subscription fee as per the terms of the agreement between the parties.
C.TopUpkart
A Customer who has a ready to use application may opt for the Services of TopUpkart to make their application available to End Users through TopUpkart, our online storefront.
Eligibility
Any proprietor, registered entity can avail the Service of TopUpkart for using TopUpkart, as a storefront for making their application available to End Users upon successfully registering themselves with the Company, fulfilling the necessary requirements as directed by the Company.
Developer’s responsibilities
The Developer hereby agrees and acknowledges:
1. That as the principal in the transaction with the user, it shall be solely responsible for compliance with all applicable laws and other obligations around the world and/or applicable territories.
2. That if it utilises third-party materials for the final product, it shall secure the right to distribute the third-party content.
3. That it shall ensure appropriate payment solutions to the End Users for in-app purchases or any other means of making transactions.
4. That it will not use TopUpkart in any way, including by making its Product available there, in a way that compromises, disrupts, harms, or gains unauthorised access to any third party’s equipment, servers, networks, or other assets or services, including but not limited to the Service or any Authorised Provider.
3. Representations and Warranties
1. You are capable of entering into a valid agreement with the Company.
2. All documents and information provided by the Customer to the Company are updated, true and accurate.
3. The person executing this agreement with the Company is duly authorized to execute such an agreement for and on behalf of the respective Party and shall have the authority to bind the respective Customer accordingly.
4. You hereby represent and warrant that You will only use the Websites for legal reasons. If you become aware of any violation of any portion of these Terms by any person or entity, you shall promptly tell us via this contact form and provide us with any help we require to stop or correct such violation.
4. Modifications
The Terms are subject to modification, update, or alteration at our sole discretion, and Your continued use of our Services on any of our Platforms shall be deemed your agreement to such amended terms. No provision of this Policy requires Us to request the Customer’s consent before making any modifications to its Terms.
5. Governing Laws
These Terms shall be governed by the laws of UAE without regard to its conflict of laws provision. The laws of UAE, excluding its conflicts of law rules, shall govern this Agreement and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.
6. Disclaimers
You understand and agree that the Services are not a marketplace, and that any contract of sale entered into through the Services is solely between you and the consumer. For all things sold through the Services, you are the seller of record. You are solely responsible for the development and management of your application, the goods and services you may sell using the Services, and all elements of your transactions with your customer(s). The Websites are provided on an “as is” basis, with no representation or warranty regarding their functioning or availability, and no promise that they are comprehensive, accurate, or timely, nor any guarantee regarding the results you or others may experience from their usage.