We appreciate your visit to our website.
These website Terms of Use ("Terms of Use" or "Terms") apply to You and Your use of this Website and any and all other websites ("Website" or "Site") and/or XPayBack mobile Application (“App”) owned or operated by XPayBack Pte. Ltd or XPayBack Private Limited or any other XPayBack group, subsidiary or associate companies ("XPayBack" "Company" "We" "Us" "Our").
"You" or "Your" refers to you individually (i.e., the person who reads and is bound by these Terms) and, if You access this Site on behalf of a business or other legal entity which you represent collectively, You or Your refers to You and the business entity or other legal entity which You represent collectively.
Except for any contractual obligations to the contrary under any executed agreement, the same shall prevail and be bound by that particular agreement per se. Please note that these Terms apply, regardless of the means of delivery or state of presence of Our Website or the Merchant’s website to you.
BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS (AS MODIFIED FROM TIME TO TIME). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING THE SITE.
Subject to the terms and covenants mentioned herein, We give You a non-exclusive, non-transferable licence to access this Website and use the XPayBack Website and Services offered in the Website for Your individual use to gain information, to know more about XPayBack programmes and updates and to personally and non-commercially avail services specified.
You acknowledge that this Terms of Use expressly grants You the rights and licences set forth in this Terms of Use and is limited to the extent expressly provided herein. XPayBack reserves the right to modify, update or discontinue any or all of the Services specified in this website at any time, with or without prior or subsequent notice. Your continued use of the Website after any such change constitutes your agreement to these Terms, as modified from time to time. XPayBack or its licensors reserve all rights not expressly granted under this Terms of Use.
2.1 The Site is permitted to be accessed only to entities and/or persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under applicable laws. If You do not qualify, please refrain from using the Site.
2.2 All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software and/or plugins; if any, used on the Website, is the property of XPayBack or its suppliers and may or may not be protected by copyright or other applicable laws (“Proprietary Rights”). You agree to observe and abide by all copyright and other proprietary instructions, notices, legends, or other restrictions contained in all such content and will not make or attempt to make any modifications or tampering thereto.
2.3 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or App.
2.4 XPayBack is not and cannot be a party to any transaction between you and the third-party sellers, or have any control, involvement, or influence over the order placed or products purchased by you from such third-party sellers or the prices of such products charged by such third-party sellers. XPayBack, therefore, disclaims all warranties and liabilities associated with any products offered on the Merchant Partner websites or Stores.
2.5 As part of the registration process on the Site, XPayBack may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number, and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address, etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. You hereby consent and accord permission to collect and manage such information.
3.1 Any website casual visitor (“Visitor”), Registered User who has registered profile in the Website (“Registered User”) or Member who has purchased valid membership from XPayBack (“Member” or “Membership”) may visit the website subject to acceptance of Terms of User provided herein. (Registered User and/or Member shall herein be referred to as “User”)
3.2 Any Visitor who wishes to avail XPayBack Cashback on purchases via XPayBack shall register themselves as Registered User on Website or avail Membership from XPayBack. You agree that You are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your credentials and other account information secure and the same is used by You and no one other than You. You also agree that you will comply to all applicable laws when accessing or using the XPayBack services and you will respect those who you encounter during the course of Service, including personal shoppers, Merchant Partners and individuals who support XPayBack’s customer care service (“Help Centre”).
3.3XPayBack reserves the right to charge User Registration fee or Membership Fee as and when the Visitor initiates registration. We may at our sole discretion modify the monthly or annual fees charged for XPayBack User, current XPayBack Registered User or Member won't be affected until their current membership ends and they renew it for another term.
3.4 We reserve the right to modify any User Registration or Membership terms with or without notice to You, but in all cases the same will be updated in Website or App. All Registered Users and Members are subject to such terms of service in effect at the time of registration and there by subject to the modified terms as may be updated from time to time.
3.5 You can neither transfer Your User Registration or Membership to another person nor accept and use another person's User Registration or Membership (Non-Transferable). Your XPayBack Membership may be accepted, rejected, or cancelled at any time at XPayBack’s sole discretion.
4.1Users shall receive Cashback for every purchase made via XPayBack. The Cashback (“Cashback”) may be in the form of fiat currency or Cashback points or electronic coupons as may be promulgated by XPayBack on purchases made from Merchant Partnered with XPayBack. In case dealing or managing in computerised asset/ electronic coupons legally limited in your country or in the country where you intend to use our service, You should refrain from using our service or limit the use of service to the extent permissible to use as per the applicable laws. The numerous express or implicit terms, conditions, and requirements related to the availing, crediting, managing and disposing of Cashback in general or terms, conditions, and requirements related to the specific transaction will apply to the same. These prerequisites, terms, and conditions comprise, but are not limited to:-
4.1.1XPayBack credits cashback or rewards to a member's account after a successful Qualifying Transaction, where we have received the resulting cashback/reward from the retailer. Members can choose to redeem their cashback for real money or exchange it for a gift voucher to use for future purchases. However, there are circumstances where a transaction may not qualify as a Qualifying Transaction, or cashback/rewards may not result from it. XPayBack is not responsible for any difference in expected and actual cashback/reward, and the qualification of a transaction is at the sole discretion of the retailer or XPayBack.
4.1.2 Only a Registered User or Member shall be entitled to Cashback on specific purchase/order as indicated at the time of checkout of final order on the Merchant Partner website (“Online Store”) or Physical Store (“Store”).
4.1.3 No Cashback shall be available for orders which are cancelled. Any Cashback processed and credited to XPayBack User Account may be reversed by XPayBack, without notice to the user, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be subsequently adjusted or canceled to the extent of the orders refunded.
4.1.4 Cashback offers cannot be clubbed with any other offers and cannot be assigned/ transferred to any other person.
4.1.5 XPayBack credits the member's account with a 'pending payment' once they trace a paying, Qualifying Transaction to the member's account. The payment is marked as 'validated' once the retailer confirms the transaction, which can take up to 90 days or more from the purchase date. If the goods are returned or the sale is reversed, amended, or found not genuine, the cashback/reward payment will not be made. Members must also inform XPayBack about any returns or exchanges for which they might have earned cashback/reward unduly.
4.2 Cashback may not apply to all transactions. Cashback is earned on net purchases, excluding shipping and handling charges. However, cashback amounts and exclusions differ amongst Merchant Partners, and certain promotions may have particular exclusions, which the User shall at his own judgement opt to avail if intended. Users shall carefully read the terms related thereto. Exclusions are subject to modification without prior notice, and XPayBack hereby disclaims all responsibility for any errors or omissions in the list of exclusions.
4.2.1 Cashback shall only be eligible when the transaction is completed using specified payment methods. Cashbacks shall differ for each User based on their type of XPayBack Membership. (e.g., different tiers of cashback for new users and existing users).
4.2.2 Nonadherence of these terms and/or engaging in any fraudulent or dishonest conduct shall invalidate the Cashback issued or to be issued by XPayBack. Further, without prejudice to any other remedies under prevailing law, at the sole discretion of XPayBack, the User Profile may be suspended or deregistered.
4.2.3 When you earn Cashback rewards, they reflect in the Cashback points wallet associated with your Account. You can view your Cashback rewards in the Cashback points wallet section on our Platform. To clarify, Cashback points wallet and the co-branded Wallet are not the same. XPayBack issue the Cashback points wallet. As mentioned above, co-branded Wallet is issued by LivQuik and co-branded by us
5.1 We’re constantly modifying and improving the Services. XPayBack may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide XPayBack with any feedback on or comments regarding the Services, You grant XPayBack the right to use such feedback or comments for any purpose without restriction or without payment to you.
5.2 Multiple XPayBack Website or App accounts should not be created by one person, nor be under their control or custody of the same person. Specifically, only one XPayBack account is linked to one mobile number.
5.3 If you violate any terms and conditions, commit fraud or abuse (whether related to the accrual or receipt of cashback and/or other rewards or not), or provide false information to XPayBack or its affiliates, your XPayBack account may be marked for suspicious activity, be suspended, or terminated. Any accumulated cashback will also be forfeited, and any store credit or vouchers you have purchased will also be cancelled.
5.4 You should check your account frequently to make sure Cashback has been correctly applied and that the balance is accurate. Any errors, omissions, or discrepancies relating to any transaction must be reported to XPayBack within 30 days from the transaction.
5. If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our FAQ/articles or reach out to our Help Centre for our policies regarding the same.
5.5 XPayBack makes no representations or warranties regarding the item-specifics of any of the Merchants, including their legal title, creditworthiness, identity, etc. You are urged to exercise your best judgement and independently confirm the legitimacy of any specific Merchant you decide to do business or purchase on the website. All offers made by the Merchant and by third parties are governed by the terms and conditions of those parties. No liability is assumed by XPayBack for such offers.
5.6 XPayBack is not responsible for any non-performance or breach of any contract entered into between the User and Merchants through the Website or App. XPayBack cannot and does not guarantee that the concerned User and/or Merchant will perform any transaction concluded via XPayBack Website or App. XPayBack is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products that are out of stock, unavailable, or back ordered.
5.7The contract for the sale of any goods or services shall be a strictly bilateral contract between the Merchant and the User; XPayBack is merely facilitating connectivity and communication. If the User has complaints about the efficacy, quality, or any other similar aspects of the material or commodity purchased through XPayBack, We shall inform the Merchant and shall also direct the User to Merchant's customer call centre. The responsibility for resolving User complaints lies with the Merchant. If you wish to raise a complaint about a Merchant you can reach out to our Help Centre, we'll do our best to help by providing you the information you need, like the Merchant's contact information and the Order attributes to raise the complaint and to enable satisfactory resolution.
6.1 Online Store / E-Shopping
6.2 The Online Store feature of XPayback is intended for Registered Users and Members to shop online. Visitors will be able to view Cashbacks and offers whereas only Registered Users and Members will be able to place orders and process delivery. Visitors who wish to register themselves as Registered User may do so by clicking on the sign-up option. Visitors who wish to purchase Membership of XPayBack may navigate to the membership page on the Website or App. Cashback by XPayBack at Online Stores are offered to Users who purchase through XPayBack at Preferred Partner sites (“Merchants”). The Cashback offered by XPayBack is in addition to all existing cashbacks or offers or discounts that are offered by Preferred Partners directly at their website.
XPayBack Online Store allows Users to earn Cashback by making purchases with XPayBack Preferred Merchant Partners, with whom, We have partnered and agreed to provide Cashbacks. To avail the Cashback the User should login through XPayBack and be redirected to such Merchant Partners online stores via XPayBack during their continued login.
XPayBack has taken every care in the preparation of the content of this Website/App/chatbot, in particular to ensure that prices quoted and offers provided are correct at the time of publishing and all products have been fairly described. All prices are displayed inclusive of applicable sales tax or GST. Packaging may vary from what has been shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of products that appear on the Website/App/chatbot. However, as the actual colours You see will depend on your monitor, we cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, XPayBack disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website/App/chatbot. XPayBack shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website/App/chatbot.
All products/services and information displayed on XPayBack ("Website/app/chatbot" or "Xpayback.com" or “Xpayback.in”) does not constitute an invitation to offer. Your order for purchase constitutes your offer by Merchant which shall be subject to the terms and conditions as listed in the Merchant Partner’s website. XPayBack reserves the right to accept or reject your offer in part or in full at any time. Merchant Partner’s acceptance of your order will take place upon the Merchant Partner’s dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Merchant and the balance would continue to be on offer to Merchant and XPayBack reserves the right to accept or reject such balance order. No act or omission of XPayBack or the Merchant prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, We or the Merchant may notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
Pricing information: While XPayBack strives to provide accurate product and pricing information, pricing or typographical errors may occur. XPayBack cannot confirm the price of a product until after You order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, XPayBack shall have the right, at Our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, XPayBack or the Merchant, upon request of XPayBack may, at its discretion, either contact You for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and XPayBack will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or cancel the order and notify You of such cancellation. In the event that XPayBack or Merchant accepts your order, payment for the same shall be debited to your credit / debit card / XPayBack account and will be duly notified to You by email that the payment has been processed. The payment may be processed prior to XPayBack or Merchants dispatch of the product that You have ordered. If We have to cancel the order after we have processed the payment, the said amount will be reversed back to Your credit / debit card / XPayBack account.
XPayBack reserves its right to change the price of any product on the Website and application at any time without any prior or subsequent notice. Prices stated at the time an order is placed shall apply with respect to that order.
6.3 Cash-pay/Offline Pay
XPayBack cashback service allows users to earn rewards throughout their daily spending at ease from Merchants which they chose to shop via XPayBack App. To qualify for Cashback, Merchant must confirm that the User's purchase is tracked, genuine and successful (constituting a "Qualifying Transaction"), and the User resulting cashback must be received by us (becoming “Cashback” as a result).
A transaction is termed to be a qualified transaction where, the User is redirected by XPayBack to the Merchant’s web page /Portal / Store location to make a valid and subsisting purchase after which the Product/service is duly delivered and the refund/return period has also expired.
Every Qualifying Transaction shall be tracked and completed to its entirety by the User and Merchant during the course of Transaction. In the event that the Merchant does not track and complete a transaction or update using the Merchant App, then such sales may not be recorded to XPayBack as Complete Qualifying Transaction, and hence any due or expected Cashback from such sales shall also not be paid to the User.
Users, making a Qualifying Transaction, shall ensure their purchases with XPayBack’s payments solution are tracked and completed in all respects. Such Qualifying Transactions receive a percentage of what they spent as Cashback and the same will be credited to the User as XACT Points right into their XPayBack account. Provided, the receipt of such cash back shall be subject to confirmation of Merchant about the successful transaction and completion to its entirety. Since the Cash Pay deals can also happen over delivery of cash physically, it is the responsibility of the User and Merchants to validate the transaction via XPayBack App itself for recording the same as Qualifying Transaction.
6.4 XPayBack Prepaid Card / Digital Pay
XPayBack Prepaid Card will be completely free for Members of XPayBack Membership Programme! XPayBack Prepaid Cards are issued by a third party Card Issuing Company (“Card Issuer”). XPayBack will not process any administrative fees or processing fees, though third-party fees or Card Issuer fee might still be applicable. You are requested to refer and adhere to such user terms and conditions before using the Prepaid Card. You may use the Prepaid Card to purchase any items of your choice through any means as permitted by the Card Issuer Company. On purchases made with your XPayBack Prepaid Card, you receive eligible Cashbacks.
6.5 Gift Card Services / Gift Vouchers
XPayBack offers its Members and Registered Users to purchase Gift Vouchers of Merchants who have partnered with XPayBack or redeem their available Cashbacks against XPayBack Gift Vouchers. The purpose of XPayBack Gift Card Services is to ease Members to redeem their cashback/exchange the same for Gift Cards or purchase instantly by paying through any of the online payment systems including XPayBack Prepaid Card or Digital Pay. Once a Gift Card is purchased by the User it shall be their responsibility to hold the same in confidentiality and prevent compromise.
Although XPayBack has a strong security system in place, You acknowledge that You bear the risk of any loss of information and that XPayBack shall not be liable for any such loss. XPayBack commits to make best efforts to preserve the security of the submitted data, but XPayBack is not responsible in any way for any loss caused by computer virus, third-party hacker, a technical error, or unauthorised access to or use of information.
6.6 Deals & UPI
XPayBack shall facilitate its Users to explore and find-out nearby convenience stores beneficial to the Users based on the at most available Cashback and/or comparable information with respect to quantity, quality and assurance of the commodity sold by the Merchants. Assurances, information and attributes are provided by the Merchants directly to Users via XPayBack.
Complaints; if any, related to such products or any assurances, information or attributes related thereto shall be lodged directly to such Merchants vide XPayBack App or Portal. XPayBack shall in no way be liable and be responsible for any loss, damage or false assurance by Merchants. XPayBack shall, to the extent maximum permissible under the prevailing circumstances, support Users to claim and resolve the issues with Merchants. Every Qualifying Transaction shall be tracked and completed to its entirety by the Member and Merchant during the course of Transaction. In the event that the Merchant does not track and complete a transaction or update using the Merchant App, then such sales may not be recorded to XPayBack as Complete Qualifying Transaction, and hence any due or expected cashback from such sales shall not be paid to the User. Members, making a Qualifying Transaction, shall ensure their purchases with XPayBack’s payments solution are tracked and completed in all respects. Members or Registered Users may pay to Merchant using any UPI service provided by any Bank. Such Qualifying Transactions receive a percentage of what they spent and the same is credited to User as XACT Points right into their XPayBack account. Provided, the receipt of such Cashback shall be subject to confirmation of Merchant about the successful transaction and completion to its entirety. Since the Deals can also happen over delivery of cash physically, it is the responsibility of the User and Merchants to validate the transaction via XPayBack App itself for recording the same as Qualifying Transaction.
These terms and conditions (“Terms of Use” / “Terms”) constitute a binding and enforceable contract between XPayBack Private Limited, a private limited company having its registered office at Carnival Infopark Phase I, Infopark Campus, Infopark, Kochi, Kakkanad, Kerala – 682030 (hereinafter referred to as “we”, “us”, “our”, “Company” or “XPayBack”), and you, an end User (hereinafter referred to as “you”, “your”, “User”, “Customer”) in relation to the use of the website www.xpayback.com and/or the mobile application ‘XPayBack’ available at Android/ iOS platforms (collectively referred to as the “Online Platform”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. XPayBack and the User are collectively referred to as “Parties” and singularly referred to as “Party”.
Please read the Terms carefully prior to using, signing up or registering on our Online Platform or accessing/availing our Services. By signing-up to use the Online Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it available at Privacy Policy – livquik. By signing up to use the Online Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Online Platform if we believe you have breached these Terms. We may use certain technologies to monitor your activities on the Online Platform in accordance with our Privacy Policy.
We may modify these Terms or any other terms at any time by posting a revised version of the same on the Online Platform, and the amended version of these Terms shall become automatically binding upon you if you continue to avail the Services. The amended Terms will be applicable even if not accepted by you separately. You shall have the responsibility to review these Terms on a regular basis. If you do not wish to be bound by the updated Terms, we request you to stop accessing the Online Platform and the Services and to reach out to us to deactivate your User Account.
DEFINITIONSFor the purpose of these Terms, the following words and phrases shall have the meaning assigned to them hereunder.
“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.
“Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of XPayBack or of any of its affiliates that is related to any of the arrangements contemplated in these Terms or any other document in which these Terms are incorporated by reference or otherwise disclosed by XPayBack to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.
“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by XPayBack, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by XPayBack during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by XPayBack to the User during the course of usage of the Online Platform; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the Services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.
“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.
“RBI” means the Reserve Bank of India.
“Services” shall mean the services provided by XPayBack to the Users utilizing the Online Platform including content, features, technologies or functions offered or made available on the Online Platform:
LivQuik Technology (India) Private Limited having its registered office at C-15,Sriram Nivas, 1st Floor, Secretariat Colony, Thiruvalluvar Nagar, Alandur, Chennai, Tamil Nadu, India - 600 016. LivQuik is an RBI authorized PPI issuer and prepaid instruments marketed by XPayBack are issued by LivQuik and detailed terms and condition for the prepaid instruments are available at https://livquik.com/ppi/terms-and-conditions/
ELIGIBILITYBy accepting these Terms, you hereby declare and confirm that:
In order to access the Online Platform and its features, you will be required to create an account on the Online Platform by setting up a Username and password which will be linked to your phone number and email address (“Account”). XPayBack might require you to share information, including information pertaining to your identification in the process of creation of the Account. You agree that all information provided in this regard is complete, true, and accurate. You further agree and acknowledge that for undertaking any financial Service through the Online Platform, XPayBack may undertake due diligence measures and seek mandatory information required for KYC purpose, in accordance with the Applicable Law.
You agree that you shall implement reasonable measures to secure access to any device associated with the email address or phone number linked to your Account with the Online Platform and login or identifying credentials to access the Online Platform. You are responsible for maintaining the confidentiality of your Username and password during the Account registration process. You agree to immediately notify XPayBack of any disclosure or unauthorised use of your Account, or any other breach of security with respect to your Account.
You expressly agree and consent to be liable and accountable for all activities that take place through your Account. XPayBack shall in no manner be held liable for any unauthorised actions through your Account due to unauthorised access including but not limited to hacking and security breaches. XPayBack reserves, at its sole discretion, to suspend an Account if it is of the opinion that the Account is being accessed by an unauthorised party or against the interest of the Parties or public at large.
CONTENTYou agree and understand that all of the content accessed by you on the Online Platform is purely for informational purposes aimed to provide details and additional data about or in connection with the Online Platform and the Services.
ACCURACY OF INFORMATIONAlthough we may post information, material and content on the Online Platform based on reliable sources, we do not make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability or completeness of any such information. The features and services of the Online Platform are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Online Platform.
PLATFORM ACCESSBy using or accessing the Online Platform, you represent and warrant that:
XPayBack may facilitate PPI wallet related Service to the User in association with the LivQuik. In order to use these Services, you may need to accept terms and conditions set by LivQuik as Issuer.
PREPAID CARDXPayBack, in partnership with LivQuik Technology (India) Private Limited, provides prepaid card. As an alternative to cash, with easy reloading facility, spend tracking and many more features on the go. The detailed terms and conditions for the prepaid card are available at Terms and Conditions – livquik. If you subscribe to the prepaid card associated with Wallet issued by LivQuik, you also agree to be bound by LivQuik Policies.
Charges and FeesSurcharges will be applicable to certain types of transactions performed by card holders associated with specific merchant categories .
The User must complete the Know Your Customer (KYC) procedure to validate the account opening and starting using the wallet and the card, the procedure however requires the User to submit some personal related information including but not limited to, name, address, date of birth, Aadhaar Card number to validate the identity of that User. The User can opt for 2 (two) different types of verification:
SMALL PPIAlternatively, the closure proceeds can be transferred to a bank account after complying with KYC requirements of PPI holder.
FULL-KYC PPIThe User agrees to take utmost precaution and security measures while using the services of the Online Platform. XPayBack reserves the right to track the usage of the Online Platform and ban such Users in case of any suspicious or illegal activities.
The User agrees to take utmost precaution to secure their account login credentials and keep it confidential. XPayBack shall have no responsibility over any such unauthorized or illegal third-party access to their account.
XPayBack doesn’t provide any representations and warranties, express or implied in relation to the correctness and accuracy of the Online Platform. XPayBack shall not be liable for any loss or damage arising out of any such circumstances from the usage of the Online Platform.
The User shall notify XPayBack in case of any unauthorized usage of their wallet account or in case of any breach of security. In case, the User disclaims liability of the Livquik for any unauthorised use of Prepaid instrument, and any loss or damage arising from such unauthorised usage. Under such circumstances, the liability of such loss or damage shall be governed by the Board approved policy of Livquik Technology (India) Private Limited.
The User acknowledges that XPayBack may disclose their personal confidential information to the third party for smooth functioning and operational purposes of the account wallet and the Online Platform.
The User acknowledges that the User account wallet is non-transferable and non-assignable, therefore the User shall not be able to transfer their rights, obligations and liabilities to any third party.
XPayBack shall provide support the User in case of any issues or disputes arising out of the usage of the Online Platform through any other channels. User shall refer to the FAQs section available in (FAQ – livquik) which covers general topics about PPI wallet. The User acknowledges that the wallet account is subject to applicable laws and regulations, and the Company may modify these Terms or the wallet account features to comply with such laws and regulations.
By opening and using the wallet account, the Customer agrees to be bound by these Terms and acknowledges that Livquik Technology (India) Private Limited is the licensed PPI issuer regulated by the Reserve Bank of India.
Issuer PoliciesAs Quikwallet PPI user issued by LivQuik it is your responsibility to visit LivQuik's Website on a regular basis to obtain the latest updates on policies for Quik wallet.
Refer below links to access LivQuik policies
https://livquik.com/ppi/terms-and-conditions/
https://livquik.com/ppi/grievance-policy/
https://livquik.com/ppi/privacy-policy/
https://livquik.com/wallet-faq
All rights, title, and interest in and to the Online Platform, including all Intellectual Property rights arising out of the Online Platform, are owned by or otherwise licensed to XPayBack. Subject to your compliance with these Terms, XPayBack grants you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited license to use the Online Platform in accordance with the Terms.
Except as expressly authorized by XPayBack, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the XPayBack’s Intellectual Property. Users do not accrue any rights or interest in XPayBack’s Intellectual Property and use of any Intellectual Property by User shall be strictly in for the fulfillment of and in compliance with the Terms. Users undertake that it shall not, nor will it allow others to, reverse engineer or disassemble any parts of XPayBack’s Intellectual Property.
XPayBack may request you to submit suggestions and other feedback, including bug reports, relating to the Online Platform from time to time (“Feedback”). XPayBack may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your Intellectual Property rights. XPayBack shall be at liberty to make changes/updates to the Online Platform as may be required and XPayBack shall have all such rights as mentioned under this section on the additions/modifications.
You represent and warrant that:
The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity and secrecy involved in keeping such data/information and transaction records and shall ensure that neither the User nor its affiliates will do any act to violate the same. Confidential Information shall exclude any information:
As part of the User’s usage of the Services, the User may receive notifications, offers, discounts and general information from XPayBack via text messages or by emails, for the purpose of collecting Feedback regarding its Services. The User understands that receipt of non-service related communications can be deactivated from User Account settings or by sending mail to support@xpayback.com and by ab-initio consents to receive such communications. The User acknowledges that the SMS service provided by XPayBack is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy.
TERMINATIONXPayBack reserve the right, in its sole and absolute discretion, to suspend or terminate your use of one or more Services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Terms or other applicable policies we may publish from time to time. Any termination of the Services may also be effectuated through the Issuer and XPayBack shall not be held liable for the same. You agree and understand to abide by all the terms & conditions stipulated under these Terms and of the Issuer upon termination of the Services.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies XPayBack may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services of XPayBack.
THIRD PARTY SERVICES AND LINKSOur Services contain or may contain, links to third-party websites, applications, content, products, services and resources that are not under the control and do not form a part of the Services offered by the XPayBack. We provide these links only for your convenience and XPayBack makes no representation or warranty of any kind regarding its accuracy, reliability, effectiveness, or correctness and shall not be responsible or liable for any aspect of any such third-party services.
The User acknowledges sole responsibility for reading and understanding the Terms and Privacy Policy and assumes all risk that applies to their use of any third-party services. Further, the User acknowledges that the information may be transferred, stored or utilised by a third party, and you consent to such transfer and XPayBack shall not be responsible for the security of such information.
INDEMNITYYou agree to indemnify and hold XPayBack and its affiliates harmless against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses whatsoever which XPayBack may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising due to any negligence/mistake/misconduct on your part or breach or non-compliance of any provision of these Terms by you or any person using your Account.
WARRANTYYou expressly acknowledge and agree that use of the Online Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by Applicable Law, any Services performed or provided by XPayBack provided “as is” and “as available”, with all faults and without warranty of any kind, and XPayBack hereby disclaims all warranties and conditions with respect to any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. You acknowledge that XPayBack does not provide any banking services regulated by the RBI. XPayBack does not warrant against interference with your enjoyment of the Online Platform, that the functions contained in, or Services performed or provided by, the Online Platform will meet your requirements, that the operation of the XPayBack’s Services will be uninterrupted or error-free, or that defects in the Online Platform will be corrected. Should the Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITYIn no event shall XPayBack or any of its subsidiaries or affiliates be liable to you or any person for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the Services and functions of the Online Platform, even if s expressly advised of the possibility of such damages.
FORCE MAJEUREIf performance of the Services by XPayBack is prevented, restricted, delayed or interfered with by reason of and including, but not limited to, labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, pandemic, epidemic, any event of hacking or illegal usage of the Online Platform, utility or communication failures, earthquakes, pandemic, lockdown, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of XPayBack and could not have been prevented by reasonable precautions, the XPayBack shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by XPayBack of its obligations herein or incur any legal liability on XPayBack.
SEVERABILITYIn the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
ASSIGNMENT AND WAIVERThese Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations hereunder. We may, at our discretion, provide an intimation of such assignment to you, which will be binding on the Parties to these Terms.
Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
NOTICESXPayBack may give all notices, requests, demands, and determinations to the User, under these Terms, via email, or may also deliver the notice by hand or by registered post to the address provided by the User.
However, the User should deliver all notices to XPayBack under these Terms (other than routine operational communications), only through registered post or courier to the following address:
XPayBack Private LimitedCarnival Infopark Phase I,
Infopark Campus, Infopark,
Kochi, Kakkanad, Kerala – 682030
Any issues and disputes arising out of these Terms & other policies including any other disputes involving you and the company shall be governed by and construed in accordance with the laws of India. The Parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the Parties shall submit themselves to binding arbitration to be conducted at Mumbai in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
CANCELLATIONAugmont Bullion on receipt of (i) the User purchase order, and (ii) confirmation from XPayBack regarding receipt of payment of the applicable User charges and the purchase price through the prescribed payment instrument, will either (a) send the sale confirmation to concerned User, or (b) reject the User purchase order.
It is clarified that after sale confirmation by Augmont-Bullion, the User purchase order cannot be cancelled, revoked and/or suspended by the User for whatsoever reason. It is further clarified that the sale is made by Augmont-Bullion to User(s), and XPayBack is only acting as an online platform/ intermediary (as defined under the Information Technology Act, 2000 and the Rules there under) to provide such services. At no time during the transaction does the title to the product or liabilities thereof attributable to Augmont-Bullion get transferred to XPayBack.
In case of any grievances with respect to such services, the User may please refer the grievance policy available at Grievance Policy – livquik or email/deliver any notice to the following:
You acknowledge that XPayBack is not a pharmacy and that we don't suggest any particular pharmacies for processing prescriptions. XPayBack shall display and route to online stores and offline stores where User will be able to place orders for Prescribed Drug Products. You also acknowledge that choosing the drugstore to fill the prescription is entirely your responsibility and discretion. Regarding the calibre of the prescribed medicine items or the services offered by the pharmacy, XPayBack makes no guarantees. You should communicate with the pharmacist directly if you experience any problems.
You agree that, upon delivery of prescribed drug products, the recipient will provide valid government-issued identification proving their age to the Merchant delivering the prescribed drug products, that the recipient will indicate their relationship with you (if the recipient is not you), and that any prescription drug product delivered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescribed drug product to someone other than to whom it is prescribed.
You also agree that XPayBack does not provide any medical advice, diagnosis, or treatment and that no pharmacy-patient relationship nor physician-patient relationship exists between XPayBack and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.
By using the XPayBack Website or App to have a prescribed drug product delivered for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for his or her consumption.
IF YOU ARE HAVING A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
9.1 While availing payment methods available on the Website or App or while using the XPayBack payment system, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
9.1.1 Lack of authorization for any transactions, or
9.1.2 Exceeding the present limit mutually agreed by you and your issuing bank, or
9.1.3 Any payment issues arising out of the transaction, or
9.1.4 Decline of transaction for any other reasons.
9.1.5 Failed transaction due to any technical issue of the User or Device used by the User.
10.1 You can cancel your order partially or fully at any time up to the cut-off period of the slot which is defined by the Merchant with which you have placed an order. In such a scenario, the terms with respect to cancellation or refund policy as defined by the particular Merchant shall prevail for cancellation and refund.
10.2 No Cashback shall be available for orders which are cancelled. Any Cashback processed and credited to XPayBack User Account may be reversed by XPayBack, without notice to the user, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be subsequently adjusted or canceled to the extent of the orders refunded.
10.3 ALL RETURNS, EXCHANGES AND CANCELLATIONS OF PRODUCTS ARE SUBJECT TO THE MANUFACTURER'S WARRANTIES AND THE INVOICE TERMS AND CONDITIONS AS PUT FORTH BY MERCHANT.
11.1 Delivery and Shipment shall be undertaken by Merchants or third-party logistics partners as associated or assigned by Merchants from whom You place Your orders for products/services.
11.2 XPayBack shall hold no responsibility for any non-delivery or late delivery or incorrect delivery of any orders placed at Merchant’s websites via XPayBack. The User shall be responsible for accuracy of the delivery address provided to the Merchant. User shall make necessary arrangements to receive the shipment at the address provided by the User at the scheduled delivery time or time slots. User shall correspond to Merchant for any missed deliveries or modification to delivery with respect to the product.
11.3 It is Your responsibility to count and check all the products while accepting the products as per your Order. Save as other provided by Merchant, no dispute will be entertained by XPayBack or Merchant once you accept the products at the Delivery Point.
11.4 However, XPayBack Help Centre may assist you to lodge your complaints with the Merchant but does not guarantee a resolution for your issues.
13.1 XPayBack Membership once purchased, cannot be cancelled by the User.
13.2 XPayBack reserves the right to cancel your XPayBack Membership with or without any prior notice or warning. If we do, we will provide you a credit note and a prorated refund based on the number of full months you have left in your subscription. However, if you are terminated due to behaviour that we determine, in our sole discretion, violates these Terms of Use or any applicable laws, involves fraud or misuse of the XPayBack Membership, or is detrimental to our interests or another user, we will not issue a refund. Any rights we have under these Terms will not be waived if we don't insist on or enforce them strictly.
13.3 XPayBack; in case, has cause to suspect that you are engaged in any dishonest or fraudulent activity, XPayBack may suspend or terminate your account. Failure to comply with this Agreement, fraud, dishonesty, or abuse in connection with the use of the services or your account, or misrepresentation of any information furnished to XPayBack or its affiliates by you or anyone acting on your behalf, may result in the termination of your account; cancellation of any purchases (of store credit, vouchers, or otherwise) made; and/or forfeiture of any earned cashback rewards.
You acknowledge and undertake that you are accessing the Services on the Website and application and transacting at your own risk and using your best and prudent judgment before placing an order or availing of the services or entering into any transactions with us through our Website and App. We shall not be held liable nor responsible for any representations or warranties/guarantees of the products save and except the limited manufacturer's warranty/guarantee on the respective product is assigned unto us and we hereby expressly disclaim all responsibility and liability in that regard.
All rights, including copyright, in this Website/App/chatbot are owned by or licensed to XPayBack. Any use of this Website/App/chatbot or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non- commercial use is prohibited without the prior permission of XPayBack. You may not modify, distribute or re-post contents on this Website/App/chatbot for any purpose whatsoever.
16.1 You agree to defend, indemnify and hold harmless XPayBack and its officers, directors, employees, agents, shareholders, affiliates, Merchants and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation lawyers’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
16.2 You hereby expressly release XPayBack and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Manufacturers/Brand owners of the Products purchased through the website and application and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
16.3 This clause shall survive the expiry or termination of this Terms of Use.
17.1 In no event shall We or Our affiliates be liable for any special, indirect, incidental, consequential, or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Website and application, its services or this Terms of Use whatsoever, whether in an action of contract, negligence or other tortious action.
17.2 Without prejudice to the generality of this section, the total liability of XPayBack to you for all liabilities arising out of this Terms of Use be it in tort or contract is limited to the value of the product ordered by You. However, in case of missing a delivery in transit, Our liability is Nil as the same is not processed by XPayBack and if delivery is undertaken by XPayBack, Our liability shall be limited only to delivery at a later agreed time at no additional delivery charge.
These Terms of Use, including any amendments thereto that XPayBack may from time to time make at its discretion, are governed by and construed in accordance with the laws of the Republic of Singapore.
Any dispute arising out of or in connection with this Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
Any failure to enforce any provision of this Terms of Use on the part of XPayBack will not be deemed a waiver of that provision. Any waiver of any provision of this Terms of Use by XPayBack on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Terms of Use is held to be invalid, such invalidity shall not affect the remaining provisions.
This Terms of Use (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Terms of Use that may have been accepted by you). We reserve the right to modify this Terms of Use at any time. Your continued use of any of the XPayBack services or continued maintenance of an account with XPayBack shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
This Terms of Use shall be effective from the date and time of your visit to the Website and App and shall remain in force indefinitely. You may terminate this Terms of Use at any time by providing a termination intimation to XPayBack by email at info@Xpayback.com, provided that you discontinue any further use of this Site. We may terminate this Terms of Use at any time and may do so immediately without notice, and accordingly deny your access to the Site, such termination will be without any liability to us. Upon any termination of the Terms of Use by either of us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made hereunder or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.