Terms and Conditions!
By clicking on the I agree to the terms and conditions button, you offer to receive and, subject to acceptance of your offer (by the commencement of provision of the services to you); and you paying the relevant fees, you agree with LIVQUIK to receive payment processing facilities and services on the terms set out in the Transaction Documents. The 'Services and “Fees” section of the Transaction Documents indicate the types of payments and services you have offered to receive. This arrangement under the Transaction Documents is made when the Services commence to be provided by us.
LIVQUIK is, inter alia, engaged in the business of offering M-commerce services, which include payment and accepting instructions through the Mobile App QUIKWALLET or through other Mobile Banking Applications in respect of payments to be made by the Customers (as defined in the Schedule) for various products and services.
The Merchant is a valid legal entity to do business in India. It collects money from customers for sale of products and / or services through cash and credit/debit cards.
M/s LIVQUIK has entered into agreements with various banks and financial institutions ("Acquiring Banks") to offer various facilities through the internet, including net banking facilities and providing authorization (from third party clearing house networks) and settlement facilities in respect of payment instructions initiated by the Customers on certain websites and mobile applications of various different Merchants using valid credit card/debit card/online banking account. These facilities will be hereinafter be referred to as the "Net Banking Facilities" and/or "Acquiring Bank's Services".
The Merchant has requested LIVQUIK to enable the Customers of the Merchant to pay online (online payment) through the Customer Account for the Products and Services rendered to them by the Merchant ("Payment Gateway Services").
1- Scope of Work LIVQUIK shall provide the Payment Gateway Services to the Merchant, in accordance with the Terms and Conditions for Payment Gateway Services enclosed as a Schedule to this Transaction Document. ("Terms and Conditions for Payment Gateway ").
2- Amendment. LIVQUIK reserves the right to change, update and modify the Terms and Conditions at any time without any prior intimation to the sub-merchant. The latest version shall be displayed on LIVQUIK’s website www.livquik.com.
3- Term and Termination This Transaction Document shall come into force on the date captured by the servers of company and may be terminated by any Party by giving a thirty (30) Days prior written notice to the other Parties. The termination of this Transaction Document shall not affect the rights and obligations of the Parties accrued prior to such termination.
4- Further Assurance In connection with the Services, the Merchant agrees to execute and deliver such additional documents and perform actions as may be necessary or reasonably requested by LIVQUIK, as the case may be, to carry out or evidence the transactions/services carried out or contemplated under the Services.
5- Severability If any provision of this Transaction Document is held to be illegal, invalid, or unenforceable under any present or future law such provision will be severable and this Transaction Document will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof and the remaining provisions of this Transaction Document shall remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
6- Third Party Rights This Transaction Document and the transactions contemplated herein shall be binding upon and ensure to the benefit of each Party and their successors and assigns. This Transaction Document shall not confer upon any person other than the Parties to this Transaction Document the benefit of any rights or remedies herein under
7- Captions in the Transaction Document The captions herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof. Representation of Parties Each of the parties represents, warrants and undertakes that:
(i) It is duly organized and validly existing and functioning under the laws of the jurisdiction in which it is established;
(ii) It has the power to execute, deliver and perform this Transaction Document and that this Transaction Document has been duly and validly authorized, executed and delivered by it;
(iii) Its obligations hereunder constitute legal, valid, binding and enforceable obligations; and
(iv) The execution and delivery of this Transaction Document and the consummation of the transactions contemplated herein do not breach its constitutional documents or any law, provisions of any contract or order of court applicable to it.
9- Inconsistency In the event of any inconsistency, contradiction or discrepancy between: (i) this Transaction Document and the Terms and Conditions for Account; and / or (ii) this Transaction Document and Terms and Conditions for Payment Gateway; Terms and Conditions for Payment Gateway respectively shall prevail at all times.
10- Governing Law and Dispute Resolution This Transaction Document shall be governed by and construed in accordance with the laws of India. Any dispute, controversy or claims arising out of or relating to this Transaction Document or the breach, termination or invalidity thereof, shall be referred to the jurisdiction of courts of Mumbai.
11- General Provisions
11.1 This Transaction Document constitutes the entire Transaction Document between LIVQUIK and the Merchant with respect to the subject matter hereof and supersedes all prior written agreements, understandings and negotiations, both written and oral, between LIVQUIK and the Merchant with respect to the subject matter of this Transaction Document. No representation, inducement, promise, understanding, condition, warranty or indemnity not set forth herein has been made or relied upon by either the Merchant or LIVQUIK hereto. 11.2 This Transaction Document together with Schedule and all Annexure here to form a single Transaction Document among the Parties hereto.
SCHEDULE 1 - PAYMENT GATEWAY SERVICES
(Capitalized terms used in this Transaction Document shall have, if not repugnant to the context, the meaning as provided hereunder)
1.1 "Chargeback" means approved and settled credit card or net banking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to LIVQUIK accounts, if any) by the Acquiring Bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
1.2 "Customer" means any person using the QUIKWALLET Mobile Application or their Mobile Banking Application and who desires to purchase Services and Products from the Merchant and makes or intends to make a payment for the same over the Internet using the Acquiring Bank's Services.
1.3 "Customer Account" shall mean a bank account of the Customer with the Acquiring Bank
1.4 "Customer Charge" means the sale price of the Products or Services purchased by the Customer plus the shipping charge (if any) and all other taxes, duties, costs, charges and expenses in respect of the Products or Services that are to be paid by the Customer with respect to the Products or Services.
1.5 "Delivery" means, in respect of a Product, delivery of the Product by a reputed courier / parcel service appointed by the Merchant, to the Customer at the address specified by the Customer in this behalf, or in respect of a Service, delivery or performance of the Service within Delivery Due Date.
1.6 "Delivery Due Date" means the date/period displayed by the Merchant on its Website or otherwise notified to the Customer on or before which the Merchant shall deliver the Products or Services to the Customers.
1.7 "Dispatch Proof" shall mean, in respect of a Product, proof to the satisfaction of LIVQUIK, that the Product has been dispatched to the address specified by the Customer and in respect of a Service, delivery/performance of the Service, within Delivery Due Date.
1.8 "Facility Providers" means various banks, financial institutions and various software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services and who have an arrangement with LIVQUIK to enable use of internet payment gateways developed by them to route internet based credit/charge/ debit card transactions.
1.9 “Master Merchant” means ‘LIVQUIK’.
1.10 "Payment Mechanism" means the payment mechanism through the internet utilizing the Acquiring Bank's Services and through such other modes and mechanisms of payment and delivery as may be notified by the LIVQUIK from time to time.
1.11 "Product" means a tangible product that is manufactured, prepared or distributed by the Merchant, and that is purchased by the Customer using the Internet, the payment for which is to be made through the Customer's Bank Account.
1.12 “Sub-Merchant” or “Merchant” means the person agreeing to the terms and conditions contained in the transaction documents.
1.13 "Transaction Discount Rate" means the rates as specified in Annexure A
1.14 "Services" means any service that the Merchant offers to the Customers, the payment for which is to be made on through the Customer's Bank Account.
1.15 “Transaction” means every order that results in the Delivery by the Merchant to the Customer of the Product(s) / Services in respect of which the Order was placed or actual Delivery date in case Delivery takes more than 1 business day, whichever is later.
1.16 "QUIKWALLET" shall mean the Payment Gateway provided by LIVQUIK.
1.17 "Website" shall mean the website with the domain name as specified in Annexure A hereto and which is established by the Merchant for the purposes of enabling the Customers to carry out Transactions for purchase of Products and Services offered by the Merchant.
1.18 “POS Software” shall mean the Point of Sale Software being used by the merchant for billing purposes.
2. SCOPE OF WORK
2.1 LIVQUIK and the Merchant shall work together hereto for the purpose of providing the Payment Gateway Services. The Merchant agrees to bear all costs and expenses incurred by it for providing the necessary equipment and facilities at its end so as to use the payment gateway service.
2.2 LIVQUIK and the Merchant agree to develop and implement a mechanism by mutual agreement for securing the transmission of data in the course of providing the Payment Gateway Services.
2.3 LIVQUIK will act as an integrator or as a link between the Acquiring Bank and the Merchant for enabling the Customers, who are common Customers of one or more Acquiring Banks and the Merchant to make payments using QuikWallet payment gateway for Transactions effected. The Acquiring Bank shall process and accept the payment instructions given by the Customers in respect of the Transactions and accordingly transfer funds from the Customer Account to LIVQUIK Nodal Bank A/c and the Bank shall further transfer this amount to the Merchant.
2.4 LIVQUIK reserves the right to terminate and or change the link with a specific Acquiring Bank forthwith by giving notice, in the event that the Acquiring Bank terminates its arrangement with LIVQUIK.
3. PAYMENT TO THE MERCHANT
Payments on Proof of Delivery (in case the Merchant is operating a business which involves delivery of goods and services) or Proof of Invoice
3.1. In consideration of the Services provided by LIVQUIK, LIVQUIK shall collect Transaction charges additional along with Tax / Transaction Charges as detailed in Annexure 'A'
3.2. Subject to the other provisions hereof, LIVQUIK shall Endeavour to make payment of Customer Charge less the Transaction Discount Rate and other charges as mentioned under Annexure A, to the Merchant within a maximum of 2 (Two ) business days upon receipt of the same from the Acquiring Bank. Provided, however that, the Transaction Discount Rate may be revised periodically as mutually agreed by the Merchant and LIVQUIK.
3.3. The Merchant agrees that the Facility Providers and/or the Acquiring Banks reserve the rights to call for Dispatch Proof at any time and the Merchant agrees to comply with such requests forthwith.
3.4. Dispatch Proof shall be maintained by the Merchant for a period of at least one (1) year from the date of Delivery and shall be open to inspection by LIVQUIK, the Facility Providers and the Acquiring Banks at all times.
3.5. The Merchant shall bear and be responsible and liable for the payment of all relevant taxes (including any applicable withholding taxes) in relation to the payments made under this Transaction Document.
3.6. LIVQUIK reserves the right to set-off any amounts by way of:
(a)Debit to your Settlement Account and / or
(b)Deduct and set off from settlement funds due to you; and / or (c) Invoice / raise a debit note to recover from you separately,
For any of the following amounts:
a. Funds credited to your account in error;
b. The amount of any refunds issued (if not already deducted from sums paid by us to you);
c. Invalid transactions (including Charge backs and our related losses);
d. Transaction Discount Rate (TDR) and any other fees or charges set out in your Application;
e. Fees or penalties or fines imposed by the Card Schemes and any other regulatory / competent authority resulting from card associations and/or banks or your Chargebacks or from required compliances and / or violation of applicable Rules and Regulations or your acts or omissions; Government charges;
f. Any other amounts then due from you to us, arising out of or in relation to the terms of the Transaction Documents; deducted by the Acquiring Banks or Facility Providers due to a valid Charge Back request raised by the Customer, before making payment of the Customer Charge, provided that, the Charge Back request is not resolved within 7 days.
g. Proof of Dispatch or Invoice proof is not provided by the Merchant within 2 working days of request
h. In case of Refund or Chargeback event mentioned in Annexure B to the Schedule
4. COVENANTS OF THE MERCHANT
In consideration of LIVQUIK providing the Payment Gateway Services, the Merchant hereby declares, assures, undertakes and covenants as under:
4.1. The Merchant shall duly fulfil all Transactions in accordance with the instructions of the Customers and as mutually decided between the Merchant and its Customers.
4.2. The Merchant shall prior to accepting any instructions from the Customer ensure that appropriate instructions have been provided to the Customer in accordance with the requirements of applicable law and regulations, and appropriate disclosures/disclaimers are displayed conspicuously at the Merchant location in relation to the same.
4.3. The Merchant shall comply with all applicable laws and regulations while offering the Products and Services to the Customers. The Merchant shall not offer anything to the Customers, which is illegal or offensive and is not in compliance with applicable laws, and regulations whether federal, state, local or international of all jurisdiction from where the Customers of the Merchant avails the goods and/or services.
4.4. The Merchant shall ensure to keep confidential all information submitted by the Customers when using the QuikWallet payment gateway. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. The Merchant shall use the Customer's data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party.
4.5. The Merchant shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information, which are displayed and offered at the merchant establishment.
4.6. The Merchant shall take all precautions as may be feasible or as may be directed by LIVQUIK, the Facility Providers and the Acquiring Banks to ensure that there is no breach of security at all times during the term of this Transaction document.
4.7. The Merchant agrees that LIVQUIK reserves a right to suspend the Payment Gateway Services provided herein in event the Merchant fails to observe the aforesaid covenants.
4.8. The Merchant shall permit the authorized representatives of LIVQUIK, the Facility Providers and the Acquiring Banks to carry out physical inspections of the place(s) of business of the Merchant by giving reasonable prior notice to the Merchant to verify whether the Merchant is in compliance with its obligations here under.
4.9. The Merchant shall provide a reasonable level of service support to the Customers. Such support shall include appropriate notice to Customers of means of contacting the Merchant in the event the Customer has questions regarding the nature or quality of the Products or Services and the procedures for resolving disputes.
4.10. All risks associated with the Delivery of the Products / Services shall be solely that of the Merchant. Any and all disputes regarding quality, merchantability, non-delivery and delay in delivery of the Products or Services or otherwise will be resolved directly between the Merchant and the Customer without making LIVQUIK, the Facility Providers or the Acquiring Banks a party to such disputes.
5. USE OF INTELLECTUAL PROPERTY RIGHTS AND PROTECTION OF SOFTWARE
5.1. The Merchant hereby grants to LIVQUIK and the Acquiring Banks a non-exclusive, royalty-free, limited license to use, display and reproduce the trademarks, service marks and logos of the Merchant solely in connection with the marketing of the Payment Gateway Services to the public. The Merchant hereby confirms that the Merchant has the requisite right to use the said marks and logos and to grant permission to use the same by LIVQUIK and Acquiring Bank as stated above. The Merchant shall retain all intellectual property rights in such marks.
5.2. The Merchant shall prominently display, at the Merchant location and in other marketing materials if so requested, a statement / logo / image provided and approved by LIVQUIK relating to the QUIKWALLET Payment Gateway Services.
5.3. Nothing contained herein shall authorize the Merchant to use or in any manner exploit the intellectual property rights of LIVQUIK, Facility Providers or the Acquiring Bank without prior written consent of LIVQUIK, the Facility Providers or the Acquiring Bank and the usage shall be in compliance with the such approval and policies as may be notified from time to time by the respective entities. The Merchant undertakes not to infringe the intellectual property rights of LIVQUIK in the Software Application, whether directly or indirectly through any third party.
5.4. The Merchant warrants that the Merchant shall use the Software Application only for the purpose of availing the QUIKWALLET Payment Gateway Services. The Merchant, its employees or its agents shall not use the Software Application, in any form whatsoever, so as to design, realize, distribute or market a similar or equivalent software program. The Merchant, its employees or its agents shall not adapt, modify, transform or rearrange the Software Application for any reason whatsoever, including for the purpose, among other things, of creating a new software program or a derivative software program. In particular, but without limitation, the Merchant undertakes, not to allow unauthorized use of or access to the Software Application and not to disassemble, reverse engineer, decompile, decode or attempt to decode the Software Application, or allow the software application to be disassembled, reverse engineered, decompiled, or decoded, or to in any way override or break down any protection system integrated into the Software Application
6.1. The Merchant hereby undertakes and agrees to indemnify LIVQUIK, Facility Providers and Acquiring Banks and hold LIVQUIK, Facility Providers and Acquiring Banks harmless and keep LIVQUIK, Facility Providers and Acquiring Banks including their officers, directors and agents at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:
a. Breach or non-performance by the Merchant of any of its undertakings, warranties, covenants, declarations or obligations here under; or
b. Any claim or proceeding brought by the Customer or any other person against LIVQUIK, the Facility Providers and the Acquiring Banks in respect of deficiency in the provision of Products and Services to its Customers; or
c. Any negligent act or omission or default or misconduct or fraud of the Merchant or its agents or Customers or
d. Any hacking or lapse in security in the POS Software or leaking of Customer data; or
e. Any act, deed, omission or non-performance on the part of the Merchant or its’ Customers.
6.2. The indemnities provided herein shall survive the termination of this Transaction Document.
6.3. Notwithstanding anything contained in the agreement the aggregate liability of LIVQUIK under this Agreement to Merchant shall not exceed the 1 month of total consideration/fees received from Sub-Merchant under this Agreement.
7.1. The Merchant and LIVQUIK agree to keep in confidence and not disclose to others all knowledge, information and data furnished and claimed by either to be proprietary, provided such information is given in writing or, if oral, is reduced to writing within thirty (30) days and such writing is marked to indicate the claims of ownership and/or secrecy. The Merchant and LIVQUIK agree that they shall not use, nor reproduce for use in any way, any proprietary information of the other except in furtherance of the relationship set forth herein. The Merchant and LIVQUIK agree to protect the proprietary information of the other with the same standard of care and procedures used by themselves to protect their own proprietary information of similar importance but at all times using at least a reasonable degree of care.
7.2. Exception: The aforesaid shall not be applicable and shall impose no obligation on Merchant and LIVQUIK with respect to any portion of confidential information which:
a. Was at the time received or which thereafter becomes, through no act or failure on the part of Merchant and LIVQUIK, generally known or available to the public;
b. Is known to Merchant and LIVQUIK at the time of receiving such information as evidenced by documentation then rightfully in the possession of either Merchant or LIVQUIK;
c. Is furnished to others by Merchant or LIVQUIK without restriction of disclosure;
d. Is thereafter rightfully furnished to Merchant or LIVQUIK Pay by a third party without restriction by that third party on disclosure; or
e. Has been disclosed pursuant to the requirements of law or court order without restrictions or other protection against public disclosure: provided however, that the Merchant or LIVQUIK shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
7.3. The covenants of confidentiality set forth herein shall survive and continue and be maintained from the date of execution of this Transaction Document until one (1) year after termination of this Transaction Document.
8. FORCE MAJEURE
LIVQUIK and the Merchant shall not be liable for their failure to perform their respective obligations under this Transaction Document as a result of any Force Majeure event. For the purpose of this clause Force Majeure Event shall include acts of god, fire, wars, sabotage, civil unrest, labor unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations and failure to perform duties and obligations on the part of Acquiring Banks and Facility Providers.
9.1. The Merchant acknowledges that the Payment Gateway Services may not be uninterrupted or error free or virus free and LIVQUIK disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the services for a particular purpose. The Merchant also acknowledges that the arrangement between one or more Acquiring Banks and LIVQUIK or between one or more Facility Providers and LIVQUIK may terminate at any time and services by such Facility Providers and Acquiring Banks may be withdrawn. LIVQUIK shall not be liable to the Merchant for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of the Customer's access to and/or use of the Payment Gateway Services; interruption or stoppage of LIVQUIK's website; non-availability of connectivity between the Merchant's POS Software and LIVQUIK's servers etc. LIVQUIK does not warrant that LIVQUIK Site and services or QUIKWALLET applications, the Facility Providers facilities and the Acquiring Bank's Payment Mechanism will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro.
9.2. LIVQUIK's sole obligation and the Merchant's sole and exclusive remedy in the event of interruption in the Payment Gateway Services shall be to use all reasonable endeavors to restore the said services as soon as reasonably possible.
10. GENERAL PROVISION
10.1. No failure or delay by either Merchant or LIVQUIK in exercising any right, power-or privilege- hereunder-shall-operate-as-a-waiver-thereof-nor-shall-any- single or partial exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
10.2. Unless otherwise provided herein, all notices or other communications under or in connection with this Transaction Document shall be given in writing and may be sent by personal delivery or post or courier or facsimile or e-mail to the addresses as mentioned by the Merchant and LIVQUIK hereunder. Any such notice or other communication will be deemed to be effective if sent by personal delivery, when delivered, if sent by post, two days after being deposited in the post and if sent by courier, one day after being deposited with the courier, and if sent by facsimile, when sent (on receipt of a confirmation to the correct facsimile number), if sent by e-mail, when sent.
In the case of LIVQUIK: Name: MOHIT LALVANI Address: D-3123/4, Oberoi Garden Estate, Chandivali Farms Road, Andheri (East), Mumbai - 72 Email: firstname.lastname@example.org
In the case of the Merchant: Name: * Address: Email: * Fax: * As per the information provided by the merchant or his authorized representative while filling up the Application Form or any changes made known to LivQuik after accepting to the terms and conditions of the agreement.
LIVQUIK and the Merchant may change the aforesaid address for notification under this Transaction Document by giving a prior written notice to the one another.
10.3. Neither Merchant nor LIVQUIK may assign, in whole or in part, the benefits or obligations of this Transaction Document to any other person without the prior written consent of the other, such consent not to be unreasonably withheld. Provided that LIVQUIK Pay may assign any of its obligations hereunder to any of its affiliates without the prior consent of the Merchant.
For the purposes of this clause, "Affiliates" of LIVQUIK shall mean and include: a. Any company which is the holding company or subsidiary of LIVQUIK, or b. A person under the control of or under common control with LIVQUIK, c. Any person, of which, LIVQUIK has a direct or beneficial interest or control of 26% or more, of the voting securities
10.4. The Merchant and LIVQUIK agree that each one of them is an independent entity and nothing here under shall make them partners, employees, agents or representatives of one another. Neither Merchant nor LIVQUIK shall make any representation that suggests otherwise.
10.5. The Merchant fully understands that LIVQUIK shall provide Payment Gateway Services here under to the Merchant strictly on a non-exclusive basis and therefore nothing contained herein shall prohibit LIVQUIK from furnishing similar services to others, including competitors of the Merchant.
ANNEXURE TO SCHEDULE SERVICES AND FEES
Term/Duration of the Agreement: The term of this Agreement shall continue until a notice of cancellation by the Master Merchant or the Sub-Merchant is given, or until terminated under other provisions of this Agreement. The Master Merchant reserves the right to terminate this Agreement without cause upon notification to the Sub Merchant. The Master Merchant may further terminate this Agreement immediately without notice at any time if the Sub Merchant breaches any part of this Agreement, or if any program or facility used by Master Merchant to implement this Agreement is disrupted or terminated for any reason.
The Sub Merchant shall pay to the Master Merchant:
Set Up fees [One time Non Refundable] Rs.*/- + Taxes as applicable TDR for (Master Card/ Visa/ Rupay / Credit Cards% + Taxes as applicable TDR for (Diners/Discover Cards)*% + Taxes as applicable
TDR for (Debit Cards)% + Taxes as applicable TDR for (Amex Cards)*% + Taxes as applicable TDR for (Net Banking)% + Taxes as applicable
Refundable Deposit Rs.*NA /- + Taxes as applicable Fee Per Transaction Rs.NA /- + Taxes as applicable
*Please refer LIVQUIK’s website, from time to time to refer to the most updated Fee Schedule. LIVQUIK is not liable for any issues arising out of incorrect interpretation of the Fee Schedule by the sub-merchant (For viewing the latest fee schedule, please go to My Account -> Type of Integration)
Annual Software Maintenance Cost payable per annum payable: NIL
Acquiring Currency: - INR Settlement Currency: - INR
CHARGEBACK OR REFUND EVENTS
We, the sub-merchant, request the Service of LIVQUIK Payment Gateway facility. This facility would be used by us for receiving payments from the customers using QUIKWALLET Mobile Application or Mobile Banking for the services provided by us. We also confirm that any financial charges / penalties arising due to Cardholder disputes pertaining to the nature, quality or quantity of the goods and/or services covered by the transaction, would be borne by us. We also authorize LIVQUIK to hold the funds for transactions, identified by the bank as being suspicious in nature for 3 working days. We agree that the payment for such transactions will be made to us after the Bank completes investigation and the transactions are found to be genuine by the Bank and post recovery of the amount for the fraudulent transactions, if any.
The following situations shall be chargeback or Refund Events for the purposes of this Agreement:
a. Any charge/ debit on a Card, which is a suspect charge/debit or is thought to be irregular or fraudulent in nature by LIVQUIK in its sole opinion and assessment [provided goods / services have not been dispatched / rendered by the merchant to the customer(s)]
b. Any charge/debit on a Card for a Product in an amount in excess of the price of that Product stated on the Website concerned.
c. Any charge/debit on a Card for a Product which remains undelivered after the time for delivery stipulated on the Website concerned.
d. Any charge/debit on a Card arising out of any hacking, breach of security or encryption (if any) that may be attributable by LIVQUIK to the Merchant due to the manner in which the Merchant handled Card account Information or cardholder/ transaction details.
e. The transaction is for any reason unlawful or unenforceable.
f. Any information presented electronically to LIVQUIK in respect of the transaction is not received in accordance with the Banks / Governing bodies / LIVQUIK requirements from time to time.
g. The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is validly cancelled or terminated by a Cardholder or if the ME fails to provide at all or to the Cardholder’s satisfaction, goods and/or services to-the Cardholder.
h. The Cardholder disputes the nature, quality or quantity of the goods and/or services covered by the transaction.
i. The Cardholder disputes or denies the transaction or the sale or delivery of goods and/or provision of services covered by the transaction with reasons.
j. Transaction is posted more than once to Card Holder’s account.