TERMS AND CONDITIONS OF USE
Matesol (Private) Limited (the “Company”) operates an online website, matesol.net (the “Website”) and a mobile application “InvoiceMate” (the ‘’App’’) available on Google Play Store, iOS and other similar platforms. The App and the Website shall be together referred to as the “Platform”. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below).
These Terms constitute a binding and enforceable legal contract between the Company and the Users or any end User of the Services (collectively, “You”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or older. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms.
The Company reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
The Platform allows licensed banking and non-banking financial corporations (“Banks”) to connect with businesses or customers (“User(s)” or where appropriate, “His/Her”), to provide various services through the Platform, including invoice financing. The Company acts as an intermediary between the Banks and the Users (collectively, “Parties”). The Users will be able to carry out invoice financing by utilizing the Platform integrated by the Company (collectively, “Services”). The Company, via its Platform, uses blockchain technology to enable Users such as vendors, merchants and suppliers to send and receive invoices against any purchase or services through the most economic and efficient way by third-party lenders, the Banks. In order to facilitate the Parties, the Platform collects certain information, such as, invoice amount, User details, payment terms, etc. (“Data”). At no point does the Platform or the Company get involved in lending directly, itself, and therefore, takes no liability or responsibility for the same.
The Company is enabling the Users to connect, by enabling them to communicate on the Platform through multiple ways in order to facilitate various Services.
Users that sign up on the Platform shall avail services through the said Platform, once the invoice is reviewed and approved by the Banks. Unless otherwise indicated on the Platform, the access made by the Users through the Platform cannot be exchanged and any fees or charges in connection with the use of the Platform are non-refundable.
All information provided by the Users in connection with their access to the Data through the Platform must be accurate, complete and current. The Users authorize the Company (or a company chosen to act on behalf of Company) to charge them via online payment channels through their account on the Platform and agree to honor all charges incurred in connection with any such transaction.
Note: The sole purpose of the Company is to act as a Platform that connects the Users by providing an online space for the Users to send or acquire money in a secure and quick manner, and to increase profits of Banks and improve cash flow of businesses. The Company shall not be held responsible or liable for any deletion/misuse of the Data or any paid or unpaid amounts being facilitated ONLY through the Platform
The Banks undertake, represent and warrant that the money the Bank lends and transfers, is solely the responsibility of the Banks to ensure that it is exactly as detailed and mentioned to the Bank by the Users. Similarly, the Users also undertake, represent and warrant that at all times they shall provide the correct information to Banks.
The Company shall not be held responsible in case the above-mentioned undertaking, representation and warranty has been breached. Further, the Company shall not be held responsible or liable for any loss, non-conformity, or any other issue that may arise in the performance of the Services.
- To avail the Services, a User would be required to create a profile/sign-up on the Platform using His/Her email ID and/or phone number among other details. The User warrants that all information furnished in connection with His/Her profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update His/Her details on the Platform in the event of any change or modification of such details. The Company reserves the right to change the above-mentioned onboarding procedure as and when required.
- The User is solely responsible for maintaining the security and confidentiality of His/Her username and password and agrees to immediately notify the Company in writing at [email@example.com] of any disclosure or unauthorized use of His/Her profile or any other breach of security with respect to His/Her profile.
- The User expressly agrees to be liable and accountable for all activities that take place through His/Her profile in furtherance of the use of Service or otherwise. The Company expressly excludes any liability for any unauthorized access to a User’s profile and/or any part or whole of Services.
- The User agrees to receive communications from the Company regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about the Company and the Services; (iv) promotional offers and services from the Company and its third-party partners, and (v) any other matter in relation to the Services.
- TRANSACTION INFORMATION
- The Company reserves the right to request the User for information relating to His/Her transaction with the Company (such information is referred to as “Transaction Information”).
- The User hereby agrees to receive communications from the Company regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about the Company and the Services; (D) promotional offers and services from the Company and its third-party partners, and (E) any other matter in relation to the Services.
- At all times, the User gives to the Company and the Platform the irrevocable right to all the data and information which a User puts on the Platform. The Company will be at will to do as it wishes with such data and information as per the applicable laws of Pakistan.
- THIRD PARTY SERVICES
- The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third-party (“Third-Party Services”) or contain links to Third-Party Services. Users understand that Third Party Services are the responsibility of the third-party that created or provided it and acknowledges that use of such Third-Party Services is solely at their own risk.
- The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.
- The Company enables payments via payment service providers (“PSP”) partners that provide their payment services to the Users where all payments made on the Platform are held in escrow and released upon necessary verifications and the User should take care not to share His/Herpersonal pin or OTP with any other third-party intentionally or unintentionally. The Company never solicits information such as pin or OTP over a call or otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third-Party Services/PSP partners shall not be liable for any fraud due to sharing of such details by the User. If any of such fraudulent transactions occur and where the User shares His/Her debit/credit card or information, the Company may share relevant information of such transaction if the victim approaches the Company via proper channels including customer support number and email us at firstname.lastname@example.org
- The transaction process for any payments made on the Platform shall be run via the PSP, whereby any payment released or received by the User shall be held in escrow. Once confirmations of a successful transaction have been received to the Platform by the Banks or a third party, the payment held in escrow shall be released to the User.
- The payment by the User is inaccessible by the Company as it is run by the PSP and the Company has no responsibility or role in the transactions and amounts of transactions decided between the Parties. Any and all payments shall be transferred via the PSP for data accessed shall be held in escrow, and only upon confirmation from a User of successful delivery shall the third-party payment provider where the funds held in escrow shall be released.
- KNOW YOUR CUSTOMER POLICY
- The Company may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents (“KYC Documents”).
- The User agrees that it may be required to submit additional documents as and when required by the Company or any of its third-party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the User hereby agrees to share such Top-Up Documents promptly upon request, and further, authorizes the Company to process such Top-Up Documents.
- The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents and Top-Up Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
- The list of the KYC Documents and Top-Up Documents may be provided to the User at the time of creating the Profile/signing-up or at a later stage.
- The User agrees and confirms that the Userwill never use another User’s account nor provide access to their account to any third-party.
- USERS UNDERTAKINGS, REPRESENTATIONS AND WARRANTIES
The Users undertake, represent and warrant that:
- All information that is provided by the Users through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The Company does not accept any responsibility or liability for any loss or damage the Users may suffer or incur if any information, documentation, material, or date provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the Users fail to disclose any material fact.
- The Users and the Banks shall be linked with each other in regards to the Data, to the extent that invoices are sent or received by the User and paid for, and the Banks review and accept the veracity of such invoices.
- The Company will not be held liable for any fault in any payment transaction taking place between the Parties, and any payments made shall be regulated by the PSP that works in an escrow model as stipulated in Third-Party Services.
- All liability of the accuracy, authenticity and quality of the Data being accessed by the Users and the Banks, and all liability of timely access of the Data shall lie with the Parties, and shall not be the responsibility of the Company.
- You will never use another User’s account nor provide access to their account to any third-party.
- The Company does not guarantee any confidentiality with respect to any Data you submit. The Users shall be solely responsible for yourown Data and the consequences of submitting and publishing such Data on the Platform which the Company shall have the right to use at will.
- Users shall not download any Data unless they see a “download” or similar link displayed by the Company on the Platform.
- Users shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
- Users shall extend all cooperation to the Company in its defending of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
- Users shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the Users may not:
- Infringe either directly or indirectly any third-party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services;
- use the Services to transmit any data or send or upload any material that contains viruses, trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
- illegally distribute, reverse engineer and modify the source code, distribute app packages via unauthorized platforms, or illegally publish the app on a third-party platform;
- use the Services in furtherance of/to engage in any activity which may be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women;
- engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or
- violate applicable laws in any manner.
- Users shall be solely responsible for compliance with all the applicable laws including without limitation all applicable anti-money laundering laws.
- Users shall be solely responsible for the activities that occur on the User’s account, and shall keep the User account password secure and not share the same with anyone.
- The User must notify the Company immediately of any breach of security or unauthorized use of the User’s account. At no point in time will the Company be liable for any losses caused by any unauthorized use of User’s account as they shall solely be liable for the losses caused to the Company or others due to such unauthorized use, if any.
- The Company takes no responsibility for any Data that is uploaded on Platform, and further, the User shall be solely responsible for His/Her own actions in utilizing such Data and availing the Platform provided herein.
- The Company reserves the right to contact the Users in order to request additional information as may be required, from time to time, and assist in complying with the Anti Money Laundering and Combating the Financing of Terrorism regulations.
- INTELLECTUAL PROPERTY
- All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Company. Subject to compliance with these Terms, the Company grants
the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited license to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
- The above licenses granted by the User in the Data the User submits to the Platform terminates within a commercially reasonable time after the User requests the Company to remove or delete the Data from the Platform, provided that, the User pay the mutually agreed amount that the Company incurred in providing the Platform to the User.
- The User should assume that everything the User sees or reads on the Platform is protected under all the applicable intellectual property laws of Pakistan and may not be used except with the prior written permission of the Company.
- Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third-party’s intellectual property rights.
- The Data in this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Company and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Company.
- TERM AND TERMINATION
- These terms shall remain in effect unless terminated in accordance with the terms hereunder (the “Termination”)
- The Company may terminate the User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
- Upon Termination, these terms shall terminate, except for those clauses that expressly or are intended to survive Termination or expiry.
- Notwithstanding anything to the contrary contained in the terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding monies due by the User in relation to His/Her use of or access to the Services shall become immediately payable.
- The use of the Services is at the User’s sole risk.
- The User acknowledges and agrees that the Company does not own any of the Data of the User, and is not responsible for the authenticity of any Data on the Platform and is not responsible for the access the Banks will have. The Company merely has the right to use such Data at its will.
- The User acknowledges and agrees that the Company is not engaged in the provision, grant, or disbursement of any financial product or any other product in general. The Company is not and will not be responsible for any claim or for any damages suffered, whether by the User, the customers of the User or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by the User or by the
customers of the User using the payment link generated using the Platform. The User further agrees and undertakes to retain proof of invoicing documentation (in electronic or physical form) in connection with each payment link it generates or sends to the Banks.
- The Company does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet the User’s requirements.
- The User hereby understands and agrees that the Company is not directly involved in the transactions to take place between the Parties. All payments made on the Platform shall be held in escrow by a third-party payment gateway after which necessary verifications shall take place and subsequently resulting in the funds being released from escrow for the access of the Data. The Company shall not entertain any returns requests, which shall be the responsibility of the Parties to arrange and agree upon mutually.
- The User hereby agrees that the Company shall not be held liable in case a claim is denied or a Warranty is deemed invalid based on inaccuracy of information.
- To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
- The User hereby accepts full responsibility for any consequences that may arise from His/Her of the Services, and expressly agrees and acknowledges that the Company shall have absolutely no liability with respect to the same.
- To the fullest extent permissible by law, the Company, its affiliates, and its related parties each disclaim all liability to the User for any loss or damage arising out of or due to:
- The User’s use of, inability to use, or availability or unavailability of the Services, including any third-party Services;
- The occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to the Company’s records, programmes, services, server, or other infrastructure relating to the Services; or
- The failure of the Services to remain operational for any period of time.
- Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates or related parties shall have any liability to the User or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, the User agrees to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
The User shall indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of the User’s access to the Services, use of the Services, violation of these Terms or any infringement by any third-party who may use the User’s account with the Company, of these Terms.
- CONSENT TO USE DATA
- The Company may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform. Furthermore, the Company reserves the right to design/create new features and modify existing products.
- Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. The User understands and agreesthat in such instances, the Company will have to share such data with relevant agencies or bodies in compliance with the relevant provisions of law.
- MAINTENANCE OF RECORDS
The User shall maintain the records of all payment transactions on the Platform independently of the Platform and the Company reserves the right to seek copies of such records for its own use including record keeping.
- REMOVAL OF DATA AND INFORMATION
The Company undertakes that upon request of removal of all data by the User, the Company shall take all steps necessary to promptly acknowledge such request and ensure complete removal of any and all data collected in regards to the User’s use of the Services.
- FEES/ CHARGES
The Company does not charge a separate fee from the Users for the Services being provided.
Note: This may change in the future.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The Company shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
- JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of Pakistan. Subject to other provisions in this Clause, courts in Pakistan shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Pakistan in accordance with arbitration laws of Pakistan for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English.
Each party to the arbitration shall bear its own costs with respect to any dispute.
- MISCELLANEOUS PROVISIONS
- Modification – The Company reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event the User refuses to accept such changes, these Terms will terminate.
- Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
- Assignment – The User shall not license, sell, transfer or assign His/Her rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Company may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to the User.
- Notices – All notices, requests, demands, and determinations for the Company under these Terms (other than routine operational communications) shall be sent to email@example.com
- Third-Party Rights – No third-party shall have any rights to enforce any terms contained herein.
- Translations- The Company may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
- REFUND/ CANCELLATION
Transactions cannot be canceled or refunded after initiating the transaction. If the User has entered the wrong number/details, then the Company is not a liable party in the transaction. The Users must ensure correctness of data before processing.supp