BYKEA CASH

TERMS AND CONDITIONS


Section A- About Bykea Cash

Section B- Customer Verification

Section C- Bykea Fee and Charges

Section D- Payment Transaction Processing

Section E- User Responsibilities and Representations

Section F- Account Availability

Section G- Void Transactions, Chargeback and Refusal

Section H- Risk Monitoring and Fraud Prevention

Section I- Sale of Goods or Services

Section J- Consent to Receive Messages

Section K- Taxes

Section L- Warranty Disclaimer

Section M- Limitation of Liability

Section N- Indemnification

Section O- Waiver, Severability and Enforcement

Section P- Assignment

Section Q- Rights of Set-off

Section R- Termination

Section S- Notices

Section T- Force Majeure

Section U- Dispute

Section V- Duty to Mitigate

Section W- Security and Electronic Threat

Section X- Electronic Transmission

Section Y- Privacy Policy and Data Use Policy

Section Z- Additional Formalities

Section AA- Modification to Terms of Service

Section AB- Entire Agreement


PLEASE READ THESE TERMS AND CONDITIONS (the "Terms & Conditions") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. BY CLICKING THE “I AGREE” BUTTON AT THE BOTTOM OF THIS PAGE OR BY DOWNLOADING, INSTALLING AND/OR USING "BYKEA CASH" OR ANY ASSOCIATED SERVICES OF BYKEA CASH, YOU ARE PROVIDING AN EXPRESS REPRESENTATION THAT YOU, THE “USER”, HAVE DULY ACCEPTED, AGREED AND COMPLETELY UNDERSTOOD THE TERMS & CONDITIONS PROVIDED BELOW.

By using Bykea Cash, the User agrees to establish a direct contractual relationship with Bykea Technologies Private Limited ("Bykea") and hereby agrees to be bound by these Terms & Conditions and any other rules or conditions that may be introduced by Bykea (from time to time). If you are accepting or agreeing to these Terms & Conditions on behalf of a company, partnership, person or other entity, you represent and warrant that you have the authority to bind that company, partnership, person or other entity to these Terms & Conditions.

DEFINITIONS

For the purposes of these Terms & Conditions, the following terms shall have the meanings assigned to them hereunder unless expressly provided otherwise:

Account” means the registered account of a User with Bykea Cash, used for accessing the Services.

Applicable Law” means all applicable laws, rules, regulations, guidelines, statutory or government notifications.

“ATM” means an Automated Teller Machine.

“Business Day” means a day on which scheduled banks are open for normal banking business in Pakistan.

Bykea Cash” means the Bykea Cash online platform provided by Bykea for the provision of Services.

CBR” means the Central Board of Revenue.

CNIC” means the Computerized National Identity Card.

Delivery Partner” means the rider providing cash pick-up or cash delivery services (as applicable) for a Payment Transaction.

Delivery Partner Fee” means the fee payable by a User for the services provided by a Delivery Partner.

eCIB” means the Credit Information Bureau.

EMI means an Electronic Money Institution.

FBR” means the Federal Board of Revenue.

FIA” means the Federal Investigation Agency.

“Linked Bank Account” means the valid bank account of the User connected with the Account for a Payment Transaction.

“Payment Instrument” means any instrument, whether tangible or intangible, that enables a person to obtain money, goods or services or to otherwise make payment (but excludes Payment Instruments prescribed in Negotiable Instrument Act, 1881[XXVI of 1881])

“Payment Participants” means any financial institution, bank, non-bank, payment gateway, PSO, PSP, EMI, Payment System, payment aggregator, payment processor, payment switch, financial link and/or any other entity providing payment services within a Payment Transaction.

“Payment System” means a system relating to payment instruments, or transfer, clearing, payment settlement, supervision, regulation or infrastructure thereof.

Payment Transaction” means any payment transaction between a Sender and Recipient of Bykea Cash.

Prohibited Sale” means any product, service, transaction or activity that is restricted, prohibited or unlawful by any governmental agency or authority, and including but not limited to the sale or purchase of any narcotics, illegal drugs, steroids, controlled substances, blood, bodily fluids, body parts, burglary tools, counterfeit items, destructive devices and explosives, identity documents, government documents, financial records, lottery tickets, unlicensed slot machines, offensive or hate speech material (any material promoting violence, financial exploitation, or racial intolerance), chemicals, unlicensed financial services (stocks and or other securities), political funding, bribery, infringement materials (violating copyrights, trademark, right of publicity or privacy or any other proprietary right under any laws), obscene material, pornography or any sexually oriented goods/services, firearm parts or accessories (ammunition, weapons or knives), and goods or services that are illegal under the laws of Islamic Republic of Pakistan.

PSO” means a Payment System Operator.

PSP” means a Payment Service Provider.

“Recipient” means any User that is the recipient or receiver (including the intended recipient or receiver) of a Payment Transaction initiated by a Sender through Bykea Cash.

“Resulting Error” means any error resulting, whether directly or indirectly, from Bykea's reliance on information (or modifications to information) provided by the User or anyone that Bykea reasonably believes to be the User.

SBP” means the State Bank of Pakistan.

Sender” means the User that initiates a Payment Transaction in favor of a Recipient through Bykea Cash.

Services” means any services provided through Bykea Cash including but not limited to sending and receiving payments, ATM withdrawals, mobile top-ups, bill payments and any other payment or non-payment related services.

“Transaction Amount” means the amount payable under a Payment Transaction inclusive of any taxes, duties, cash handling fees, Delivery Partner Fee, and the Payment Participants fee.

“Transaction Fee” means the fixed amount payable to Bykea for the use of Bykea Cash by the User.

User” means any person or entity that uses the Bykea Cash Services or otherwise accesses Bykea Cash.

Section A - About Bykea Cash

  1. Bykea Cash operates only as a digital payment marketplace platform that processes transaction requests between the Sender(s) and Recipient(s) through licensed third-party payment facilitators and/or Payment Participants digitally integrated (directly or indirectly) with Bykea Cash. Bykea Cash allows its User(s) to quickly and easily send or receive payments for any goods or services sold, obtained, procured or purchased by the User(s). The Bykea Cash platform is not a PSP, PSO, EMI, financial institution or bank, nor does Bykea Cash perform any roles or functions of a PSP, PSO, EMI, financial institution, bank or Payment System. Bykea does not undertake the financial clearing, routing or switching of Payment Transactions. Bykea may, in certain scenarios, act as a digital facilitator and operate as a payment collection agent for the limited purpose of receiving funds on behalf of the Recipient. However, Bykea is neither acting as a trustee nor acting in a fiduciary capacity with respect to any Payment Transaction. Bykea shall not at any time be a party to any Payment Transactions.

Section B - Customer Verification

  1. The User hereby grants Bykea full permission to obtain, verify and record information that identifies the User. Bykea may ask for the User’s name, address, date of birth, CNIC, mobile number, father's name and other personal information that shall allow Bykea to identify the User ("Personal Information"). Bykea may also ask to see the User’s driver’s license, passport and/or National Identity Card. Bykea may, at its sole discretion, decline to offer the Services of Bykea Cash to the User for any reason.

  1. The User understands that Bykea shall require information for User verification before authenticating a Payment Transaction through Bykea Cash.  

  1. The User hereby expressly confirms and represents that the User is the registered, legal and beneficial owner of the sim-card (mobile number) and mobile phone that is being used for the registration and use of the Account, and for receiving any verification codes or links.

  1. The User undertakes to ensure the information provided to Bykea is accurate and correct. The User shall be solely responsible and liable for any and all discrepancies and/or error(s) detected or encountered due to misinformation provided to Bykea by the User.

  1. The opening of the Account is offered to all eligible Users. However, Bykea has the exclusive right to determine the eligibility of a User. Therefore, Bykea may at any time restrict any User from the usage of the Account and/or Services, suspend/freeze an Account or terminate the Account (with or without notice).

Section C - Bykea Fee and Charges

  1. Each Payment Transaction processed through Bykea Cash shall be subject to a Transaction Fee as detailed in Annexure A of these Terms & Conditions (as amended from time to time). Bykea retains the irrevocable right to alter the Transaction Fee, at its sole discretion, without prior notice to the User(s).

 

  1. Bykea reserves the right to revoke and/or amend any or all of the promotion(s), discount(s), deal(s), offer(s) and/or other benefit(s) offered to the User through the Bykea Cash mobile application and/or website.

Section D - Payment Transaction Processing

  1. Each Account shall be identified with a unique and distinctive identification number, which shall be the same as the mobile number provided by the User for the registration and use of the Services. This identification number shall also be used in all of Bykea’s correspondences with the User relating to the Account and the Services provided through Bykea Cash.

  1. Bykea shall make all possible endeavors to preserve the secrecy of the Account. Nevertheless, Bykea may disclose any information required under law to any government body or agency, including but not limited to eCIB, FIA, FBR, CBR, police, armed forces, intelligence agencies, SBP and/or any other government institution.

  1. In order for each Payment Transaction to be processed, Bykea shall be permitted to provide the Personal Information, credit card(s), debit card(s), account number(s), IBAN(s), and other banking information relating to the Payment Transaction, User, Sender and/or Recipient to the Payment Participants and/or any other legally authorized third parties within the Payment Transaction. Bykea shall not be liable or responsible for any breach of Personal/ non-personal or other information relating to a Payment Transaction, User, Sender and/or Recipient due to the fault of the Payment Participants and/or any other legally authorized third parties within the Payment Transaction.

Section E - User Responsibilities and Representations

  1. By accepting these Terms & Conditions, the User hereby represents that the User is 18 years of age (or such age of legal majority as may be prescribed under the law from time to time) and is not barred or otherwise legally prohibited from accessing or using Bykea Cash (Account and/or Services) provided by Bykea or under any applicable law.

  1. The User is required to familiarize himself/herself with the process of using Bykea Cash and the Services. Bykea shall not be held responsible for any action(s) of the User performed in error, while using Bykea Cash, Account or Services.

  1. Any and all credentials of the Account are valuable, and the User shall be responsible for maintaining the confidentiality and security of the Account at all times. Bykea shall not be held responsible for any losses arising from the unauthorized use of the Account or Account credentials.

  1. The User shall not share the one-time password and/or personal information of the Account with any third party. If the User has reason to believe that the one-time password or any other credentials of the Account have been disclosed to, accessed by, or compromised by unauthorized person(s), the User shall immediately notify Bykea Cash’s customer service. Bykea reserves the right to prevent access to any Account if Bykea has reason to believe that the User’s pin code, passwords, security codes or any other credentials of the Account have been compromised.

  1. The User’s mobile phone shall not be left unattended, as this may provide a third-party access to the User’s one-time password and/or personal information, leading to illegal/wrongful use of the Account.

  1. Each User shall only be permitted to use Bykea Cash (including the Service and Account) strictly for the payment against a genuine sale or purchase of goods or services. Therefore, as a mandatory requirement for a Payment Transaction, the User undertakes to provide a valid commercial invoice for each Payment Transaction through Bykea Cash. The User hereby represents and warrants that the commercial invoice provided by the User to Bykea shall be genuine and not reflect any misrepresented information.

  1. The User shall ensure that the mobile device being used to access the Account shall not contain any spyware, worms, key logger, trojans, etc. that could potentially result in a security breach of the User’s Personal Information, pin code or security codes.

  1. The User shall not at any time be permitted to undertake any Payment Transaction or use the Services for any money laundering, terror financing and all other illegal fund transfers ("Illegal Activities"). The User shall be solely responsible and liable for all Illegal Activities.

  1. Bykea reserves the right to freeze/block any amount or suspend the Account or any Services due to any investigation on the User or the Account by any government bodies or agencies or if there is suspicion of any fraudulent or illegal deposit, withdrawal or other activities.

  1. Bykea reserves the right to suspend the Account in case of any suspicious or unusual activity or Payment Transaction through the Account. In such an event, Bykea has the right to require any information and document(s) from the User and shall be permitted to investigate any Payment Transaction details of the User.

  1. The User shall at all times be liable to pay, repay, return, and/or reimburse Bykea any amount transferred to the User, which is in excess of the User’s rightful ownership, regardless of whether the said transfer was due to a system error, human error or technical glitch. Bykea shall further have the automatic and unconditional right to recover the amount in excess of the User’s rightful ownership.

  1. The User hereby grants Bykea all necessary permission(s) to access the mobile device (including but not limited to mobile contacts and mobile messages), Personal Information, and/or other information of the User (as and when required) for the provision of Bykea Cash (Account and/or Services).

  1. Bykea shall not be held liable or responsible for any Account or Service issue(s) faced by the User due to mobile network portability (the retention of a mobile number when changing from one mobile network operator to another).

  1. The User acknowledges and accepts the transaction limits applicable on the use of Bykea Cash (as amended from time to time). Any Payment Transaction not within the transaction limits shall not be processed and may affect the use of Services by the User. Furthermore, the User shall ensure the applicable transaction limits are not exceeded by the User by initiating multiple Payment Transactions to the same Recipient(s). Bykea retains the irrevocable right to alter the transaction limits, at its sole discretion, without prior notice to the User(s).

  1. The User represents and undertakes that the Linked Bank Account and/or mobile wallet connected to and used for Bykea Cash by the User is a legal and valid bank account with a recognized bank of Pakistan. The User hereby agrees to undertake and keep the Linked Bank Account information up-to-date, valid and provide Bykea with the updated bank information in the event of the User’s Linked Bank Account information being updated.

Section F - Account Availability

  1. The User's Account is governed by these Terms & Conditions. However, the availability of some features of the Account and/or the Services may be governed by additional Terms & Conditions notified by Bykea (from time to time).

  1. Bykea makes no representation or warranties about the Account’s uptime, availability, or permissibility in any particular geographical location. From time to time, scheduled system maintenance or emergency maintenance may occur, and during such maintenance period(s), the Bykea Cash Account and/or Services shall be inaccessible and unavailable, with or without notice to the User.

Section G - Void Transactions, Chargeback and Refusal

  1. Bykea hereby holds the right to refuse, condition, suspend and/or freeze any Payment Transaction, which is in violation of these Terms & Conditions, un-authorized, fraudulent or illegal and/or exposes Bykea, third party service providers, Payment Participants or other associated parties to any risks.

  1. In addition to any other Payment Transactions, the following Payment Transactions shall be deemed void (“Void Transaction”):

  1. A Payment Transaction that appears to be or there is reason to believe that the Payment Transaction has been processed due to any error, negligence, misconduct, fraud or illegality.

  1. A Payment Transaction not in compliance with any of the Terms & Conditions or any terms of use introduced by Bykea.

  1. A Payment Transaction processed without prior authorization or approval, where such authorization or approval is required by Bykea, Payment Participants or any other legally authorized third parties within a Payment Transaction or otherwise required under law.

  1. The Payment Transaction is for any reason disputed or reversed by the network, the platform, Bykea, Payment Participants or any other legally authorized third parties within a Payment Transaction.

  1. The User shall be solely responsible in the event of a Void Transaction. The User acknowledges that a Void Transaction may at any time be reversed or charged back to the User (the “Chargeback”). The User further acknowledges that Bykea shall not be required to fulfill the settlement or transfer of any funds from the Sender to the Recipient, in the event that a Payment Transaction is found to be an invalid or a Void Transaction. Provided further, where a Payment Transaction is found to be an invalid or Void Transaction pursuant to the transfer of funds from the concerned Payment Participants to the Recipient, the User shall be liable to ensure that such erroneously transferred funds are returned.

  1. The User fully acknowledges and accepts that Bykea shall not provide any cancellation, refund, exchange, chargeback and/or reversal for a Payment Transaction if the funds have been successfully deducted from the Sender’s Linked Bank Account and/or mobile wallet.

  1. Bykea shall not be responsible for any dispute(s), Chargeback(s) or reversal(s) arising pursuant to an invalid, Void Transaction or any other Payment Transaction. Bykea does not guarantee that the Sender has sufficient funds available for the Payment Transaction, the Payment Transaction will be authorized or processed or that the Payment Transaction will not later result in a Chargeback or any other reversal.

Section H - Risk Monitoring and Fraud Prevention

  1. Bykea may monitor the User’s Payment Transaction(s) for high-risk practices or for fraudulent transaction(s). Bykea may also engage third party providers or other service providers to assist in these efforts and other elements of Bykea Cash. If Bykea has reason to believe that there is suspicious or unusual activity being carried out through the User’s Account, Bykea may temporarily or permanently suspend and/or terminate the User’s access to Bykea Cash.

  1. Bykea and/or the Payment Participants may reject a Payment Transaction and/or settlement of payment(s) for various reasons, including but not limited to risk management, suspicion of fraudulent, illegal or doubtful Payment Transaction, selling of prohibited items, use of compromised or blacklisted cards, chargebacks/complaints or for other reasons as prescribed in the Payment Participant rules. In the event that a Payment Transaction is rejected or is unable to be completed, Bykea may (at its sole discretion) either transfer the funds back to the User’s Account or handle the funds in accordance with the Applicable Laws, Payment Participants rules or Bykea's payment policies.

  1. Bykea may take any such action on the User's Account as may be required by a statutory or governmental authority or as may be mandated by the respective Payment Participant.

  1. All Payment Transactions initiated, or instructions provided through the User's Account on Bykea Cash shall be deemed to be provided by the User. The User shall be solely responsible for any unauthorized access to or use of the User’s personal or financial information through the User’s Account in Bykea Cash. To help prevent unauthorised use of the User’s Account, the User shall comply with the security measures of Bykea. If the User believes that the User’s Account has been accessed or used in an unauthorised manner, the User shall be required to contact Bykea Cash customer services immediately.

  1. By acceptance of these Terms & Conditions, the User hereby unconditionally permits and authorizes Bykea and/or the Payment Participants to carry out Know Your Customer (KYC), Anti-Money Laundering (AML), and any other compliance procedures as notified (from time to time) by the Government of Pakistan.

Section I - Sale of Goods or Services

  1. In the event that the User initiates the use of the Services for the sale or purchase of any goods or services, the User hereby represents and warrants that:

  1. The respective product(s) and/or service(s), whether manufactured, imported or otherwise produced or provided shall (i) strictly conform to the specifications, drawings, samples, performance criteria and other descriptions referred to or provided by the seller, (ii) be of merchantable quality and fit for the purpose(s) intended, (iii) have all relevant regulatory permits and licenses and (iv) conform to all local and international applicable laws, ordinances, codes and regulations.

  1. The product(s) sold and/or service(s) accessed, along with the product(s) packaging shall comply with all applicable marking and labeling requirements.

  1. The product(s) sold and/or service(s) accessed are not and shall not be produced or manufactured, in whole or in part by child labor, convicts or forced labor.

  1. All custom duties, excise tax and any other applicable taxes on the import, manufacture or production of the product(s) and/or service(s) have been duly paid.

  1. The seller is legally entitled and permitted to sell the product(s) and/or service(s) in Pakistan.

  1. The product(s) and/or services are not (or may not) be a Restricted Sale.

  1. The seller shall not host, display, upload, modify, publish, transmit, update or share any information in relation to the products or services, which infringes any patent, trademark, copyright, proprietary rights, third party’s trade secrets, rights of publicity or privacy, is fraudulent or involves the sale of counterfeit or stolen items.

  1. All formal consents, waivers, approvals, authorizations, exemptions, registrations, licenses or declarations that are required to be made or obtained by the seller for the sale of the products have been duly obtained by the seller.

Section J - Consent to Receive Messages

  1. By providing the User’s mobile number to Bykea, the User agrees that Bykea may send automated/manual Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”),WhatsApp messages, e-mail messages, voice calls about Account activity, Service updates or User feedback requests, along with any marketing or advertisements relating to the Services, Bykea Cash or any other product(s) or service(s) of Bykea. (Standard rate of messages, data and taxes may apply).

Section K – Taxes

  1. The reporting, payment and/or deduction of any applicable taxes, current or future, arising from the use of Bykea Cash, the Services and/or any taxes applicable on the Payment Transaction between the Sender and Recipient is the User(s) responsibility (including but not limited to any taxes applicable on sale or purchase of any goods or services).

Section L - Warranty Disclaimers

  1. THE USER’S USE OF BYKEA CASH (INCLUDING THE ACCOUNT AND SERVICES) IS ENTIRELY AT THE USER’S OWN RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE ACCOUNT AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS WHERE IS” BASIS, WITHOUT WARRANTY OF ANY KIND MADE BY BYKEA. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYKEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, AND NON-INFRINGEMENT. FURTHERMORE, BYKEA MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICES OF THE ACCOUNT. BYKEA DOES NOT WARRANT THAT THE ACCOUNT OR SERVICES OF THE ACCOUNT SHALL (I) MEET THE USER’S EXPECTATIONS OR REQUIREMENTS; (II) BE COMPLETELY SECURE OR FREE FROM ERRORS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; OR (III) BE FREE FROM INTERRUPTION, THEFT, OR DESTRUCTION.

  1. Bykea does not warrant, endorse, guarantee, or assume responsibility for any product(s) or service(s), including without limitation to third-party services, advertised or offered by a third party through the Account or any hyperlinked website or service. Bykea shall not be a party to or in any way be responsible for monitoring any Payment Transaction between the User and third-party providers of products or services.

  1. Bykea works with third-party service providers, Delivery Partners and Payment Participants to provide certain Services, and unless otherwise stated in an agreement between the User and any such third-party service provider and Payment Participants, the third-party service providers and Payment Participants (i) make no warranty as to the accuracy or completeness of information provided to the User and (ii) disclaim express warranties or implied warranties imposed by law with respect to the Services they provide, whether directly or indirectly, to the User.

Section M - Limitation of Liability

  1. Bykea shall not be responsible or held liable for (i) Resulting Errors or any consequence(s) or claim(s) directly or indirectly arising from Resulting Errors; (ii) any consequences or claims directly or indirectly resulting from the User’s delay in providing, or the User’s failure to provide Bykea with information necessary for its provision of Services and/or the Account; (iii) User’s violation of any applicable laws of the Federal Board of Revenue, SBP, National Accountability Bureau, tax authorities or any other government organization; (iv) unauthorized third-party actions taken in the User’s Account and any transactions, consequences or claims arising therefrom; (v) User’s negligence; (vi) Any claim(s) or portions of any claim(s) that could have reasonably been avoided or mitigated by the User’s reasonable efforts; (vii) User’s failure to properly follow Bykea's instructions with respect to the Services and/or the Account; (viii) losses incurred by the User due to an erroneous or fraudulent transaction in connection with the User’s use of the Services;(ix) the fulfillment of any Payment Transaction including, but not limited to deliveries, maintenance, support, refunds, returns or any other services and/or (x) any delays in fulfillment of a Payment Transaction including, but not limited to delays by Delivery Partners, Payment Participants, network errors, downtimes and/or service unavailability.  

  1. NEITHER BYKEA NOR ANY OTHER PARTY INVOLVED IN CREATING, OPERATING OR PROVIDING BYKEA CASH SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH BYKEA CASH OR FROM THE USE OF OR INABILITY TO USE BYKEA CASH, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BYKEA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Section N – Indemnification

  1. The User hereby agrees to indemnify and hold Bykea and its affiliates, officers, employees, successors, assigns, attorneys and agents (each an “Indemnified Party”) harmless from all losses, costs, claims, demands, expenses, damages, penalties and attorney fees suffered or incurred by any Indemnified Party as a result of the User’s violation of these Terms & Conditions, use of  Bykea Cash and/or misrepresentations, fraud, willful misconduct, actions, omissions or negligence of the User. In case Bykea is required to pay the same or any part(s) or portion(s) thereof, the User shall reimburse Bykea and shall keep Bykea indemnified and harmless against all losses, damages, costs and expenses resulting from any actions or proceedings that may be taken for the recovery thereof by any government or other lawful authorities.

Section O - Waiver, Severability and Enforcement

  1. The failure of Bykea to enforce any right(s) or provision(s) of these Terms & Conditions shall not constitute a waiver of the existing or future enforcement of that right or provision. The waiver of any such right or provision shall be effective only if it is in writing and signed by a duly authorized representative of Bykea. The exercise by Bykea of any of its remedies under these Terms & Conditions shall be without prejudice to any other remedies available under these Terms & Conditions or any provision of law. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms & Conditions as invalid or unenforceable, such invalid or unenforceable provision shall be enforced to the maximum extent permissible, and all other provisions of these Terms & Conditions shall remain in full force and effect. Wherever legally possible, any ineffective provisions of these Terms & Conditions shall be deemed substituted with such other provisions as would best fulfil the intentions of the Parties as expressed by the provision deemed ineffective and which would have the closest economic effect to such provision deemed ineffective. Any rights or remedies available to Bykea under these Terms & Conditions shall be available for an indefinite period, even after termination of these Terms & Conditions.

Section P - Assignment

  1. The assignment, grant or permission for the use of the Services and ancillary services by a User is purely personal in nature, attached only to the User it is granted to, and is neither assignable nor transferable under any circumstances. The User shall be solely responsible for all risks, liabilities, losses, and/or consequences arising from the use of the Services by any third party and any such use shall be a breach of these Terms & Conditions.

Section Q - Rights of Set-Off

  1. Bykea reserves the right to at any time and without any notice to the User, combine or consolidate all Accounts of a User in Bykea Cash or any other accounts of Bykea and/or set-off or apply any money standing to the credit of any single Account or all of such Accounts in or towards satisfaction of any payments payable by the User to Bykea.

Section R - Termination

  1. The contractual relationship between the User and Bykea shall come into force upon acceptance of these Terms & Conditions and remain in full force until such time that the User's Account is terminated in accordance with these Terms & Conditions.

  1. The User may terminate the Account by notifying Bykea through Bykea Cash, and/or by notifying Bykea’s customer service.

  1. Bykea shall be permitted to immediately terminate these Terms & Conditions with or without cause by notifying the User (without providing any reason). In such an event, Bykea reserves the right (at its sole discretion) to terminate the User’s accessibility to any other product(s) and/or service(s) offered by Bykea.

  1. The termination of these Terms & Conditions shall not relieve the User's obligation to pay any fee(s) accrued or due, and payable to Bykea, and/or settle any other liabilities incurred  prior to the effective date of termination of these Terms & Conditions. Bykea shall not be held liable for any damages, losses or costs incurred in connection with the termination of the Account.

Section S - Notices

  1. Bykea may (at its sole discretion) publish any communications regarding these Terms & Conditions or other important information relating to the use of the Bykea Cash through any delivery channel including but not limited to newspapers, website, mobile application, SMS, MMS, e-mail and/or voice call addressing all or some of the Users without prejudice. Continued use of Bykea Cash by the User shall at all times be subject to the Terms & Conditions for the time being in force, irrespective of actual receipt of Bykea's communication by the User or knowledge thereof.

  1. The User shall immediately notify Bykea of any change or imminent change in any Personal Information, the confidential security information, or any other information provided to Bykea (including any change in name, address, mobile number or any other provided particulars).

  1. Bykea shall be entitled to rely and act on any communications which are or are purported to be from or given on behalf of the User. Any action(s) on Bykea's part pursuant to such communications shall be binding on the User.

Section T - Force Majeure

  1. Bykea shall not be liable to the User under these Terms & Conditions, for failure to perform any of its obligations therewith, or for any loss or damage which may be suffered by the User due to any cause beyond reasonable control of Bykea including without limitation, any act of God, strikes, lock-out or other industrial disturbances, acts of public enemy, wars, military operations, military coup, political unrest, acts of terrorism, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, viruses, worms, hacks, trojans, glitches, submarine fiber wire breakdown, repair and maintenance, solar radiation, lightning, fire, floods, drought, washouts, explosions, dharna, civil commotion, premature parliamentary election, lockdown, smart-lockdown, coronavirus outbreak, SARS or COVID outbreak, dengue outbreak, sabotage, currency restriction, acts or omission of Government, highways authorities, administrations, other competent authority or other forces on the internet that cause disruption to the functionality of Bykea Cash (Account and Services) or Bykea’s associated services (the “Force Majeure Event”).  

Section U - Dispute

  1. These Terms & Conditions are governed by the laws of the Islamic Republic of Pakistan and for the benefit of Bykea, the User hereby submits to the exclusive jurisdiction of the Courts of Lahore.

  1. The Parties shall attempt in good faith to resolve any controversy, claim or dispute of whatever nature arising between Bykea, the User and any other third party within the Payment Transaction, including but not limited to those arising out of or relating to the Account or Services or the construction, interpretation, performance, breach, termination, enforceability or validity thereof (or the commercial, economic or other relationship of the Parties hereto) whether such claim is based on rights, privileges, or interests recognized by or based upon statue, contract, tort, common law, or otherwise and) through amicable negotiation between the Parties (the “Dispute”).

  1. Bykea’s decision shall be final and binding on all Parties to the Dispute and the User shall not be permitted to challenge the decision of Bykea in relation to the Dispute. By accepting these Terms & Conditions, the User expressly waives his/her rights to challenge any decision of Bykea in relation to any Dispute before any forum or court of law.

  1. Any electronic evidence reflected or generated by the electronic network or servers of Bykea shall be conclusive evidence of a Payment Transaction.

Section V - Duty to Mitigate

  1. If the User becomes aware of, or reasonably should have been aware of, any facts, issues, information, or circumstances which are reasonably likely, whether alone or in combination with any other facts, issues, information, or circumstances, to lead to a claim against Bykea or the User in connection with Bykea Cash (Account or Services), the User shall use reasonable efforts to mitigate any loss that may give rise due to such a claim and immediately notify Bykea of any such claim.

Section W - Security and Electronic Threats

  1. The User acknowledges that Bykea shall only provide access to the Services provided through Bykea Cash. Furthermore, Bykea shall not be liable for any loss or damage sustained by the User in the event of any unauthorized access, security breaches, errors, viruses, worms, downtime or other harmful components over the internet or electronic servers.

  1. The User shall, at its own cost, ensure that any computer systems or smartphones used to access Bykea Cash are adequately protected from viruses, worms or any similar threats. In addition to and notwithstanding any other rights or obligations arising under these Terms & Conditions, the User shall take all appropriate technical and organizational security measures to ensure that any and all information provided to Bykea is protected against loss, destruction, damage, and against unauthorized access, use, modification, disclosure or other misuse, and that the User has adequate backup for the data transmitted or generated through Bykea Cash.

Section X - Electronic Transmission

  1. These Terms & Conditions are affirmed and duly accepted by the User and Bykea, by way of electronic signatures and acceptance, as prescribed under the Electronic Transactions Ordinance 2002. These Terms & Conditions and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original and valid contract between the User and Bykea and shall be considered to have the same binding legal effect as if it were an original signed version of the Terms & Conditions in paper form and executed in person. Electronic signatures or acceptance of these Terms & Conditions shall be treated as equivalent to hand-written signatures and/or acceptance of the Terms & Conditions. Neither party shall argue that a contract was not formed hereunder based on either (i) the use of electronic means to deliver a signature or to indicate acceptance of these Terms & Conditions or (ii) the fact that any signature or acceptance of these Terms & Conditions was transmitted or communicated through electronic means. Each party irrevocably waives its right to any defense that it may have due to the electronic signature, acceptance and/or delivery of these Terms & Conditions. The Parties hereby affirm and acknowledge that both Parties shall be permitted to (at all times) use these Terms & Conditions, which is executed by way of electronic signatures and/or acceptance as evidence before any court of law or forum.

Section Y - Privacy Policy and Data Use Policy

  1. The Privacy Policy and Data Use Policy of Bykea is available within the Bykea Cash mobile application or at the following web-link:  https://bykea.cash . By using Bykea Cash, the User hereby unconditionally accepts and consents to the Privacy Policy and Data Use Policy of Bykea.

Section Z - Additional Formalities

  1. In addition to the requirements of these Terms & Conditions, Bykea may at any time, call upon the User to execute any other instrument(s) as required under any Applicable Law in relation to the Account and its use.

Section AA - Modification of Terms of Service

  1. Bykea has the right, in its sole and absolute discretion, to change, modify, or amend any portion of the Terms & Conditions at any time. The changes will become effective, and shall be deemed accepted by the User, after the initial posting and shall apply on a going-forward basis with respect to the Payment Transactions initiated after the posting date. In the event that the User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate the use of Bykea Cash (Account and Services).

  1. In addition, Bykea reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (in whole or in part) with or without notice. Bykea may at any time and in its sole discretion change or make alterations to the Services (including any applicable fees). If the User does not agree to the changes, the User shall immediately stop using Bykea Cash. The use of Bykea Cash, after implementation of the change(s) shall constitute the User’s agreement to such change(s). The User agrees that Bykea shall not be liable to the User or to any third party for any modification, suspensions, or discontinuance of the Services.

Section AB - Entire Agreement

These Terms & Conditions shall constitute the entire understanding and agreement between the Parties in relation to its subject matter and shall supersede all prior communication, agreements, understandings or arrangements made between the Parties, whether oral or written. These Terms & Conditions shall also be applicable to any upgrades to the Services provided by Bykea that replace and/or supplement the original Services, unless expressly stated otherwise.

______________________________________

Bykea Cash Customer Service

Contact No:     03070123456

E-mail:            [email protected]

Address:          Office 401, 4th Floor Block No.7&8, K.C.H.S.U، Shahrah-e-Faisal, Jinnah Housing Society, Karachi

ANNEXURE A – BYKEA FEES & CHARGES

Cash on Delivery (COD)

Invoice From

Billed To

Fare

-

Rs. 70

Cash Handling Fee

Rs. 10

-

Visa/Mastercard

Invoice From

Billed To

Fees

-

3%

Cash Handling Fee

Rs. 10

-

 

The Transaction Fee shall be applicable on any and all Payment Transaction(s):