Terms and Conditions

Customer Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Inov8 Limited (Inov8) having its registered office at 3rd floor New Auriga Complex, Main Boulevard, Gulberg, Lahore.All services are rendered by Inov8 through its platform under the brand name ‘FonePay’. Hence all the rights, benefits, liabilities and obligations under the following terms and conditions shall accrue to the benefit of Inov8.(together with its subsidiaries and other affiliates, “us”, “We” or “Inov8”), regarding your use of our prepaid mobile/recharge purchasing services to purchase prepaid mobile/recharge (known as “Recharge”) or Digital Payments, Ticketing and other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).
Service can be used by you, subject to your adherence with the terms and conditions set forth below including relevant policies. Inov8 reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms and Conditions” link from time to time to stay abreast of any changes that the “FonePay” may introduce. 
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by ‘FonePay’. By accepting these Terms and Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
FonePay Recharges
We are a Reseller Only. FonePay does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. FonePay is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
FonePay and/or the FonePay business partners reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the FonePay Website or over the FonePay business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the FonePay Website or check with the FonePay business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, FonePay shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by FonePay. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by FonePay. 
From time to time, FonePay, at its sole discretion, can add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a FonePay business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account. 
In using the Bill Payment Service, you agree to 
  1. Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and

  2. Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FonePay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FonePay has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.
FonePay assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances: 
  1. If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.

  2. If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)

  3. If the funds available in the Payment Account are under any encumbrance or charge.

  4. If your Bank refuses or delays honoring the Payment Instruction(s)

  5. If payment is not processed by biller upon receipt.

  6. Circumstances beyond the control of FonePay (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail 
  1. FonePay is only a bus/cinema ticket reseller. It does not operate bus services of its own. In order to provide a comprehensive choice of cinemas, movie/show times, bus operators, departure times and prices to customers, it has tied up with service providers.

  2. FonePay’s responsibilities include
    • Issuing a valid ticket (a ticket that will be accepted by the cinema/bus operator) for its’ network of bus operators.

  3. FonePay’s responsibilities do not include:
    • The bus operator’s bus not departing / reaching on time.

    • The bus operator’s employees being rude.

    • The bus operator’s bus seats etc not being up to the customer’s expectation.

    • The bus operator canceling the trip due to unavoidable reasons.

    • The baggage of the customer getting lost / stolen / damaged.

    • The bus operator changing a customer’s seat for any reason.

    • The customer waiting at the wrong boarding point (please call the bus operator to find out exact boarding point if you are not a regular traveler on that particular bus).

    • The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point.

    • The movie not starting on time.

    • The movie being cancelled.

    • The movie time being changed.

  4. The arrival and departure times mentioned on the ticket are only tentative timings. However the bus will not leave the source before the time that is mentioned on the ticket.

  5. Passengers are required to furnish the following at the time of boarding the bus:
    • A copy of the ticket (A print out of the ticket or the print out of the ticket e-mail)

    • Proof of Identity (Driving License, CNIC etc.). Failing to do so, they may not be allowed to board the bus

  6. Cancellation Policy: Read the ticket cancellation policy on the ticket provided. Tickets will be cancelled as per the cancellation policy mentioned with the ticket. The transaction charges will not be refunded in the event of ticket cancellation.

  7. Refund Policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators at the actual time of cancellation. FonePay has no role in governing the cancellation policies.

  8. Cancellation charges are calculated on the actual fare of the ticket

  9. In case of booking confirmation e-mail and SMS gets delayed of fails due to technical reasons or as a result of incorrect email ID/phone number provided the user etc. a ticket will be considered ‘booked’ as long as the ticket shows up on the confirmation page.
Communication Policy
By accepting the terms and conditions the customer accepts that FonePay may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period. 
FonePay will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from FonePay as an alert on the mobile phone number provided during the course of ticket booking and FonePay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold FonePay liable for non-availability of the service in any manner whatsoever. 
The customer acknowledges that the SMS service provided by FonePay is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, FonePay shall be immediately informed about the same by the customer and FoneFonePay will make best possible efforts to rectify the error as early as possible. The customer shall not hold FonePay liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility. 
The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. FonePay shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever. 
The customer agrees to indemnify and hold harmless FonePay and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which FonePay and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from FonePay and/or the SMS service provider. 
Customer also agrees to receive information regarding what FonePay perceives to be of their interest based on usage history via SMS, email and phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded. 
By accepting the terms and conditions the customer acknowledges and agrees that FonePay may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator. 
Grievances and claims related to the bus journey should be reported to FonePay support team within 10 days of your travel date. 
Use of Site
The customer understands that except for information, products or services clearly indicated as being supplied by FonePay, we do not operate, control, or endorse any information, products or services on the Internet in anyway.  
Limitation of Liability and Damages
FonePay shall not be liable for any unauthorized activity occurring through the Customer hereby fully indemnifies and holds FonePay harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. 
In no event will FonePay or its agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if FonePay or a FonePay authorized representative has been advised of the possibility of such damages. In no event will FonePay or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with FonePay, however caused and whether arising in contract, including negligence, warranty, or otherwise. You acknowledge and agree that FonePay has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the customer and FonePay, and that warranty disclaimers and the limitations of liability set forth herein form an essential basis of understanding between the customer and FonePay. FonePay will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement. 
The customer undertakes to comply with all applicable laws and regulations. For the avoidance of doubt, the governing law is the substantive and procedural laws of the Islamic Republic of Pakistan. 
The customer agrees to indemnify, save, and hold FonePay, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. FonePay reserves the right, at the customer’s expense, to assume the exclusive defense and control of any matter for which customers are required to indemnify FonePay, including rights to settle, and customers agree to cooperate with FonePay’s defense and settlement of these claims. This paragraph shall survive termination of this Agreement. 
The customer shall take all necessary precautions to ensure that there are no mistakes and errors and that the information provided to FonePay is error free, accurate, proper and complete at all points of time. The Customer shall be liable and responsible to Bank and accede to accept the Bank's instructions without questions for any unfair or unjust gain obtained by the Customer as a result of the same. 
Disclosure of Information
The Customer agrees that FonePay or their contractors may hold and process the customer’s Personal Information and all other information concerning his Account(s) for analysis, credit scoring and marketing. 
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, FonePay and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by the customer from FonePay or through the services or the site will create any warranty not expressly stated herein. The customer expressly acknowledge that as used in this section, the term “FonePay” includes FonePay’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that FonePay is a reseller of products and services and is not liable for any 3rd party (telcos and suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. The customer expressly agrees that use of the services and the site is at the customer’s sole risk. It is the customer’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. FonePay, and its third party suppliers, licensors, and partners do not warrant that the data, FonePay software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. FonePay and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. The customer understand and agree that the customer’s use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that the customer will be solely responsible for any damage to the customer’s property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and the customer should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will FonePay be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the services. 
Ownership: Proprietary Rights
The Services and the Site are owned and operated by FonePay and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by FonePay (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between the customer and FonePay, all Materials, trademarks, service marks, and trade names contained on the Site are the property of FonePay and/or third party licensors or suppliers. The customer agrees not to remove, obscure, or alter FonePay or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by FonePay, the customer agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. FonePay reserves all rights not expressly granted in this Agreement. If the customers have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, the customer hereby irrevocably assign FonePay, and shall assign to FonePay, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The customer agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights. 
Modification of this Agreement
FonePay reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to the customer. The changes will become effective, and shall be deemed accepted by the customer, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If the customer does not agree with any such modification, the customer’s sole and exclusive remedy is to terminate the use of the Services. For certain changes, FonePay may be required under applicable law to give you advance notice, and Fonepay will comply with such requirements. 
FonePay may publish notices of general nature, which are applicable to all Customers in newspapers or on its web site. Such notices will have the same effect as a notice served individually to each Customer. FonePay may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to FonePay must be sent by courier or registered mail to Inov8 limited, 3rd Foor New Auriga Complex. Gulberg, Lahore, Pakistan. 
  1. The Parties shall endeavor to settle amicably all disputes arising out of this Agreement, by raising the matter to the concerned party. The disputes which cannot be settled within 90 days shall be referred to arbitration which shall be a condition precedent to any action of law.

  2. Subject to Clause (1) above, any dispute arising under or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be submitted to arbitration in accordance with the Arbitration Act, 1940 and any applicable rules made there under for the time being in force, for the equitable decision of two joint arbitrators, one to be appointed by each of the Parties, and failing agreement between the arbitrators, to the decision of the Umpire, to be appointed by the arbitrators before entering upon the reference. The award made by such arbitrators or the Umpire, as the case may be, shall be final and binding on the Parties hereto. The venue of the arbitration shall be Karachi and the arbitration proceedings shall be conducted in the English language.
Governing Law
Except as otherwise agreed by the parties or as described in the Arbitration section above, customer agree that any claim or dispute the customer may have against FonePay must be resolved by a court located in Lahore, Pakistan. You agree to submit to the personal jurisdiction of the courts located within Lahore, Pakistan for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of Pakistan, without giving effect to any principles of conflicts of law. 
If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. In such case, the Parties shall make every effort to replace the ineffective provision with a new provision which has the same effect, or as approximate an effect as possible as the said provision. 
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.  
Entire Agreement
This is the entire agreement between the customer and FonePay relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by FonePay in accordance with the terms of this Agreement.