The following are the TOS or terms and conditions for use of LivQuik Technology (India) Private Limited
(LivQuik’s) Service. Please read them carefully.
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LivQuik’s Service constitutes your agreement to all such terms, conditions, and notices.
LivQuik is a company incorporated under the Indian Companies Act 1956 having its registered office at Unit C-15, Sriram Nivas, 1st Floor, Secretariat Colony, Thiruvalluvar Nagar, Alandur, Chennai, Tamil Nadu, India - 600 016, and includes its successors and assigns. LivQuik owns and manages the websites www.livquik.com and related domains.
LivQuik’s Service (or ‘the Service’) refers to service offered to users viz. i) Payment Aggregator services to Merchants; ii) Payment Aggregator services to Payment methods;
www.livquik.com (or ‘livquik’) refers to the web sites through which LivQuik is offering the service through the Internet.
Member(s) refers to the eligible customer(s) of the LivQuik Service as authorised by LivQuik. Terms and conditions
Acceptance of terms
Welcome to LivQuik. LivQuik provides its service to you (“User”), subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this page. In addition, when using particular LivQuik services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Unless otherwise specified by LivQuik all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the website www.livquik.com. By continuing to access or use the LivQuik service, you will be deemed to have agreed to accept and be bound by such altered, added to or deleted TOS. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the LivQuik service (other than those which have already been availed of by you prior to such alterations, additions or deletions). A separate binding and enforceable agreement are constituted amongst the User and LivQuik with these Terms and Conditions. However, these Terms and conditions will not alter the terms of any other agreement you may have with LivQuik for other services.
Provision of Services by LivQuik
Subjecting to the Terms and Conditions herein, LivQuik offers the services mentioned in Schedule I included below.
LivQuik is constantly upgrading itself to provide the users with one of the best possible experiences. With this the user gives his consent to any changes being made time to time without any advance notice of such change to them. Further, you agree and acknowledge that LivQuik might stop these services on a permanent or temporary basis to the users at our sole discretion and without any advance notice. In case the users decide to stop using our services, they don’t need to inform us specifically.
The users of this website along with the Terms and Conditions agree that LivQuik has the right to disable your account, and you will be prevented from using the Services, account details or any other type of content which is there in your account. We also hold the right to delete any data stored in your account not limited to any sensitive personal information. As an alternate course of action, a user might send us a notification communicating their wish to not retain or use the personal data in their account. However, some services might be restricted in this case.
By the use of our Services, you are also agreeing that LivQuik disclaims all authenticity rights on the information which might have become outdated since its last update. We also reserve all rights to make modifications or any corrections to any part of the website content without a prior intimation to the users. All the pieces of information along with the pictures on this website are set to be in the public domain as publicity photos, or promotional materials, etc. unless stated otherwise.
Kindly contact us via email if you are the copyright owner of any of the content mentioned on this website which you feel violates the Copyright law. Also, kindly indicate the exact URL of the webpage to help us in locating the same. Your concerns would be addressed, and appropriate action will be taken on the same. Further, please note that all images on this website are digitized by LivQuik and no other party has the authorization to repudiate these digital versions in any kind of format without our prior permission.
In order to access and use the Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the TOS and to access, use and avail of the LivQuik service. If you do not qualify, please do not access or use the LivQuik service.
If you are not a Resident Indian, you may access, use and avail of the LivQuik service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the and service is based on the understanding and agreement that by accessing and using the website and service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify LivQuik against any liability incurred by LivQuik in this regard.
Use of Services
You might be requested to open an account for using certain services with LivQuik. You can do so by providing information about yourself as a part of the registration process. The user is said to agree on the accuracy of the data provided to us at the time of registration. In case any inaccurate or incomplete information is provided LivQuik has a reasonable ground to believe that such information violates the applicable laws or is not according to the Terms and Conditions.
Further, we reserve the rights to terminate your account or reject the registration of your account and refuse to grant access to the website.
You are agreeing to indemnify us against all claims due from the usage of any information or details that are posted or supplied by you. And we are entitled to remove any such information without a prior notice to you.
By accessing the “User account” section on the website, a user can make any modification/rectification on the Registration Data in the users account ad can also delete its user account at any point of time. The processing of account deletion might take some time but the same shall be done and completed by us. However, we do maintain a certain backup of the information of all user content for an appropriate time as per the legal requirements as well as our operational requirements.
The user has sole responsibility for maintain the password as well as confidentiality of its account along with any activity that occurs through it. LivQuik will not be held liable in respect of any damage or loss which might arise due to result of a failure to protect the password or account. A user should take all the appropriate measures for ensuring that the password is securely kept. You should inform us immediately in case you have a reason to believe that your password is likely to be used or used in an unauthorized way. In case of a dispute between two parties for ownership of any particular account with us, we shall be the sole arbitrator and our decision will be final and binding in this regard.
Also, you are agreeing to grant us a non-exclusive, irrevocable, royalty-free, database and publicity rights which you may have in the registration data in order to ensure no violations are being from our end of any rights which you may have in your registration data now or in future.
Further, you are solely accountable for sharing any information by yourself in the user content or registration data and undertake neither by yourself nor by allowing any third party to publish, transmit, host, display, modify, update or share any information that:
You shall agree to
You further agree to inform us in case a customer revokes the consent to recurring payment instructions for us to cease the processing of such transactions. In case there is a delay in communicating such revocation, then LivQuik will not be held responsible for any charges applicable pursuant to such revocation on the customer. Your data might be shared with the governmental agencies which are lawfully authorized to investigative and protect cyber security activities.
As a condition of your use of the service, you warrant to LivQuik that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions.
You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, RBI Master Direction – Know Your Customer (KYC), Information Technology Act, 2000 and the corresponding rules etc., that may be applicable to you in connection with use of our Service.
LivQuik has no obligation to monitor the Service or any member’s use thereof or retain the content of any member session. However, LivQuik reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources (‘Linked Sites’). As LivQuik has no control over such sites and resources, you acknowledge and agree that LivQuik is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available or transmitted from such sites or resources. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such suppliers. You acknowledge and agree that LivQuik shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The links have been provided to you only as a convenience and the inclusion of any link does not imply any association of LivQuik with the operators of such sites or resources.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitation of liability
You expressly understand and agree that LivQuik shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or performance of the service or the inability to use or non-performance of the service; (ii) the provision of or failure to provide services (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) Corruption, deletion or failure to store any content as well as communications data maintained or transferred through your using of the services; (vii) Any kind of exemplary, punitive or direct/indirect damages caused by you under any theory of liability; (viii) In case you shall fail to provide LivQuik with the accurate data at the time of registration; (ix) If you fail to maintain the confidentiality of your password as well as account details; (x) Damage caused as a result of your reliance on the accuracy, completeness or existence of any advertising transactions between you and any sponsor/advertiser who has an advertisement appearing on the service; or (vi) any other matter relating to the service; whether based on contract, tort, negligence, strict liability or otherwise, even if LivQuik has been advised of the possibility of damages, or had advised the possibility to you.
To the extent possible, the disclaimers, limitations on liability and indemnities available to LivQuik under the TOS shall extend, mutatis mutandis, to the affiliates and partners of LivQuik and their respective directors, officers, employees, agents, successors, assigns, involved in providing, delivering or managing the Service (or any part thereof). However, this clause shall not protect the aforesaid affiliates/partners or extend to their obligations and liability to LivQuik or LivQuik’ claims against them.
You agree to indemnify and hold LivQuik, its parents, subsidiaries, affiliates, officers, agents, co branders or other partners and employees, harmless from any claim, demand, or damage, including reasonable
attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service, as follows
The User shall keep Confidential Information in confidence. You agree not to disclose or attempt to use or personally benefit from any non- public information that you may learn on the website or through the services.
Exceptions to Confidentiality Information: The confidentiality obligations mentioned herein will have no obligation on the User regarding any Confidential information which:
The User is liable to notify LivQuik upon identifying any disclosure regarding confidential information or any unauthorized use as well as in case of any breach of confidentiality. Further, the user will need to cooperate with LivQuik in a reasonable manner in order to help us in regaining the possession of such Confidential Information and for preventing its unauthorized use further.
LivQuik proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (‘Software’) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part. Any unauthorized commercial use of the Service or the resale of its services or the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited and may result in severe civil and criminal penalties.
You further acknowledge that you will not (nor will you allow any third party to) copy, modify, de-compile, translate, create a derivative work of, reverse engineer, reverse assemble the Software or otherwise attempt to discover any source code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by LivQuik for use in accessing the Service.
Further, you also acknowledge that the said services might consist of information designated as confidential by us which you shall not disclose without our written consent obtained prior to such disclosure. Until it is agreed in a written agreement with LivQuik, nothing mentioned in the Terms and Conditions grants you a right to use any of our distinctive brand features, service marks, logos, domain names, trade names, trademarks.
Without express authorization in writing by LivQuik, you agree while using our services you will not be using any logo of any company or organization or a trade name in a manner which is likely to result in commotion and chaos about the ownership of such marks or logos.
“Content” for these Terms and Conditions includes logos, photographs information, data themes and interactive features generated, videos, audio clips, text, animations, scripts, graphics, written posts, articles, comments, software provided or accessed through the use of services.
LivQuik reserves all the rights to refuse, filter, modify, pre-screen, review, remove or flag any or all the Content from any Service. Further, we also reserve the right to, publish, re-publish, moderate, and use all user originated contributions and comments which include profile pictures, comments, likes, favorites, votes but are not limited to these. We are not accountable to pay any kind of royalty to any User for re- using any content across any of its platforms. If any material is being submitted by you on the website, you are agreeing to grant LivQuik the rights for its use and modifications or publications.
Further, users should be aware that the content provided to them as a part of the services might be guarded by intellectual property rights owned by the sponsors or advertisers who provide us with such content. The users by use of this website agree that they might be exposed to certain offensive, indecent or objectionable content in their opinion, and in such a case the use of services is at the user’s risk.
With the acceptance of these Terms and Conditions you have authorized us to receive, disburse, hold, and settle funds on your behalf. Such authorization allows us to facilitate electronic funds transfer between the payment system providers as well as our escrow accounts for processing every payment transaction that you authorize.
Further, you authorize LivQuik for transferring the buyer payments received into the designated bank account by you for this purpose at the time of registration. Such authorization obtained from you shall remain in effect till the time your LivQuik account is closed or removed.
Compliance with laws
The users of this website agree to be in compliance of all applicable commercial and public anti-bribery and anti-corruption laws such as:
Office of Foreign Assets Control – Compliance
OFAC compliance is essential by the user while using the services, and it is mandatory to obtain acknowledgement from the user that he/she has not made a contribution directly or indirectly of the funds available to any of its affiliates, partners or any other associated persons, with the motive of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), the Additional OFAC Sanctions List and Consolidated Sanctions List, as modified over time to time.
****For the purpose of this paragraph, OFAC means the Office of Foreign Assets Control constituted under the laws of the United States of America.
LivQuik shall be entitled for suspending the settlement of the amount in relation to the Fraudulent Transaction if we are intimated by a Card Payment Network or Acquiring Bank of a customer reporting an unauthorized debit of the customer’s payment instrument while such inquiry/investigation is in a pending stage.
In case the Fraudulent Transaction results into a Chargeback, then it shall be solved according to the provisions related Chargeback as set out under these Terms and Conditions.
In a scenario where a fraudulent transactions amount has already been settled to the User according to these Terms and Conditions, than any dispute occurring in regard to such Fraudulent Transaction,
following settlement, will be resolved in accordance with the RBI’s notification DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI’s notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 as well as the other notifications, circulars and guidelines issued by the RBI in relation to this from time to time.
Card Payment Network Rules
The Card Payment Network has imposed certain written rules, guidelines, regulations, interpretations known as the “Card Payment Network Rules”.
All rights to amend their guidelines and rules are reserved by The Card Payment Networks. Pursuant to amendments to the Card Payment Network Rules, LivQuik might be required to modify or change these Terms and Conditions. And these amendments/modifications if any will be instantly binding on the users. You are required to comply with all of these guidelines, rules as well as regulations formulated by them. There are infrastructure and process to facilitate transaction authorization in the Card Payment Networks.
You expressly agree and acknowledge to assuming the risk of compliance with all the provisions of the Card Payment Network Rules, notwithstanding any assistance by LivQuik to understand the Card Payment Network Rules irrespective of you being aware of or having access to those provisions. Experts of respective rules of Visa, MasterCard, NPCI and American Express are available on their respective websites. You are agreeing to comply in full of all the guidelines, programs, requirements mandated and/or published by the Card Payment Networks.
In case any fines, penalties or other amounts are being demanded of us by a Card Payment Network in event of any non-compliance of Card Payment Network Rules by you, then you shall herein reimburse us with an equal amount of the penalty/fine without prejudice to our other rights hereunder. In case there is a failure in compliance with your obligations towards the Card Payment Networks, in this situation LivQuik might suspend the settlement or suspend/ terminate the Services.
Modifications to terms of service, member policies
LivQuik reserves the right at any time and from time to time, at its sole discretion, to modify or discontinue, temporarily or permanently, in part or in whole, the Service, TOS or policies regarding the use of the service with or without notice. You agree that LivQuik shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued use of the Service shall be deemed as an unconditional acceptance of these changes.
The failure, delay or omission of LivQuik to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) months after such claim or cause of action arose or be forever barred.
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that LivQuik shall have the right to transfer, assign or sell all its rights under this TOS, and that the Mandate given by you in favour of LivQuik shall continue to be in force and enure for the benefit of the successors and assigns of LivQuik.
If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Notices, transaction records and electronic disclosures
Notices to you may be made via either email or by delivery by hand or regular mail to the address provided by you. The Service may also provide notices of changes, to either the TOS or other matters, by way of publication in newspapers or by displaying notices or links to notices on the Service. All such notices will have the same effect as a notice served individually to you. Notices and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex, through internet or facsimile (fax).
LivQuik may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices etc. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise LivQuik immediately. In such an event, LivQuik reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part.
You acknowledge that LivQuik shall have no liability or obligation to keep a record of the transactions carried through the LivQuik service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by LivQuik.
You agree that you must evaluate, and bear all risks associated with, the use of any content/data, including any reliance on the accuracy, completeness, or usefulness of such content/data.
The Laws of India shall govern the validity, construction and enforceability of this Agreement in all respects. You and LivQuik agrees to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, India, to the exclusion of all other Courts, as regards any claims or matters arising under these terms and conditions. LivQuik accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that a member in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the operations in the accounts of the Member or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Language, copyright and trademarks
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are Copyright of LivQuik.
TRADEMARKS. LivQuik services referenced herein are either trademarks or registered trademarks of LivQuik. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved. Violations
Please report any violations of the TOS to our Grievance Officer. Contact details are as under:
Nodal Officer – Amiya Ranjan Sahoo V LivQuik Technology (India) Private Limited
Regd. Office: Unit C-15, Sriram Nivas, 1st Floor, Secretariat Colony, Thiruvalluvar Nagar, Alandur, Chennai, Tamil Nadu, India - 600 016
PAYMENT GATEWAY & PAYMENT AGGREGATOR SERVICES
LivQuik is, inter alia, engaged in the business of payment gateway and payment aggregator, as prescribed by the Reserve Bank of India from time to time to undertake any associated or ancillary activities including,
without limitation, designing and development of payment system infrastructure (both online and offline) as per the Payment System Act, 2007. To provide amongst other things, information technology, handling, processing and settlement of payment related transactions, resolution of grievances and disputes between various parties. To facilitate digital payment acceptance infrastructure such as prepaid solutions, Point of Sale (PoS) terminals, Quick Response (QR) codes, payments and transaction processing, designing and implementing electronic data capture systems to process transactions through credit cards, debit cards, prepaid cards, smart cards, net banking, UPI and other modes of digital payment, facilitating merchants receive payments from customers, providing collection and settlement services and provision of back-end, front-end and other information technology services by using computers, mobile devices or any other modes of communication, to merchants, banks, corporates and other customers to facilitate electronic infrastructure for transactions, relationships and knowledge management. Clients are offered a secure payment option for their Platform and mobile app by The Payment Gateway. The payment gateway enables the clients to receive payments by customers using different payment methods available at the time of checkout.