This Nium Checkout User Statement of Service (“Statement”) stipulate the relationship between Nium Pte Ltd., its subsidiaries and affiliates (together, “Nium” “we” or “us”) and you, the user of the Nium Checkout service (as defined below) (“you”). By using the Nium Checkout service, you agree to be bound by this Statement.
Nium provides certain payment processing and electronic money services, and other related services for its Merchants, either itself, or through its authorised payment providers (“Partners”).
Where relevant, Nium Checkout allows you to make transactions by utilising services provided by our Partners. Please note that Nium Checkout is a stand-alone service and has no impact on your relationship with the Merchant (that you are paying), your bank or your credit card company.
We may, at our discretion, impose limits on the frequency and/or quantum of payments you can make through Nium Checkout.
By adding details pertaining to a relevant payment method, including but not limited to a debit card, a credit card or a bank account, as your Payment Credentials, you are providing Nium with an authority to automatically charge you for the relevant amount of the transaction when using Nium Checkout.
Please note that in some cases, tokenization of your card (storing your data in a digital asset form) may be subject to a minimal charge of your card which will be refunded immediately thereafter. In such cases, this will appear in your bank account.
When utilising the Nium Checkout services, please note that you are purchasing good/services from the Merchant directly. As such, any refund requests will be strictly subject to the Merchant’s own refund policy and terms and conditions, not Nium’s. For the avoidance of doubt, the Merchant is responsible for any refund requests initiated by you.
The Merchant is solely responsible for any liability pertaining to chargebacks. To initiate any chargeback requests, you will be required to lodge the relevant chargeback request with your financial institution associated with the relevant payment method you utilised to make payment via Nium Checkout.
You agree to allow the Merchant to recover any amounts due to the Merchant by debiting your payment method, as necessary. If there are insufficient funds in the balance of your relevant payment method to cover your outstanding liability, you must reimburse the Merchant through other means. If you file a Chargeback request with your card issuer or financial institution, only the card issuer or financial institution will be able to determine the validity and approval of such request.
By using Nium Checkout you represent and warrant that you will not use Nium Checkout for any fraudulent, unlawful or abusive purpose.
Nium, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through Nium Checkout, are provided “as is.” To the fullest extent permissible by law, Nium, its affiliates, and their agents, merchants or independent contractors (the “Disclaiming Entities”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by Nium Checkout, or for any breach of privacy or security associated with the transmission of data through Nium Checkout. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The Disclaiming Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.
In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to this Statement exceed $10 US dollars. Each party acknowledges that the other party has entered into this Statement relying on the limitations of liability stated herein and that those limitations are an essential basis of the agreement between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and Internet disturbances.
This Agreement is concluded in English. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of the jurisdiction in which the service is obtained.
We have the right to change or add to this Statement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on the use of Nium Checkout by posting such changes on our website or any other website we maintain or own. We may provide you with notice via email, postings on our website, or through other reasonable means. If you are an existing Nium Checkout user, the changes will come into effect immediately after we post the changes to our website, and your use of Nium Checkout immediately after we publish any such changes on our website constitutes your acceptance of the modified Statement. In the event that you do not agree with any such modification, your sole and exclusive remedy is to stop using the Nium Checkout services.
You may not assign this Statement or any rights or obligations hereunder, by operation of law or otherwise, without Nium’s prior written approval and attempted assignment shall be null and void. We reserve the right to freely assign this Statement and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Statement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Failure. Nium’s failure to exercise or enforce any right or provision under this Statement will not be considered a waiver of that right or provision.
Severability. If any provision of this Statement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Statement shall otherwise remain in full force and effect and remain enforceable between the parties.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Entire Agreement. This Statement, including Nium’s policies governing Nium Checkout referenced herein, constitutes the entire agreement between you and Nium with respect to the use of Nium Checkout.
Third Party Rights. This Statement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Nium, and no other person will have the ability to assert any rights as a third party beneficiary under this Statement.
Nium Rights. This Statement does not limit any rights that Nium may have under trade secret, copyright, patent or other laws.
These terms and conditions create a contract (“Agreement”) between you ("Buyer") and Nium (as defined below) and govern your use of the Services.
Nium is the Merchant of Record and authorised reseller of the Product for the Supplier, which means that you purchase the Product from Nium using the Services, but the Product is licensed to you by the Supplier.
Please read the Agreement carefully. By placing an order with Nium, you agree to the terms and conditions set out in both this Agreement and the Supplier Agreement.
WHERE A PRODUCT IS DIGITAL CONTENT WHICH IS IMMEDIATELY MADE AVAILABLE, BY DOWNLOADING OR OTHERWISE ACQUIRING THE PRODUCT, YOU CONSENT TO IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THIS AGREEMENT ONCE THE DOWNLOAD OR APPLICABLE TRANSMISSION OF THE DIGITAL CONTENT HAS BEGUN.
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a Consumer to rely on such mandatory provisions of local law.
"Confidential Information" means any commercial, financial or technical information; information relating to the Nium; the Services; plans or strategy, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to this Agreement;
“Consumer” means a Buyer who is purchasing the Product or using the Services wholly or mainly for their personal use;
“Digital Content” means data which is produced and supplied in digital form;"Nium" means Socash Pte Ltd, with registered address at [ADDRESS] and in either case is also referred to in this Agreement as 'us', 'we', and 'our';
"Nium Checkout" means the online checkout that Buyers use to purchase the Product and make payment to Nium using payment methods such as credit cards, alternative payment methods and bank transfer;
"Nium Invoicing" means Nium invoicing Buyers for the Product and collecting payment by bank transfer or other agreed payment method;
"Product" means the Supplier's software or digital product(s) and/or Digital Content licensed for use by the Buyer under the terms of the Supplier Agreement;
"Supplier" means the licensor of the Product;"Supplier Agreement" means the Supplier's terms and conditions in respect of the Product;
“Services” means Nium’s services through which you can buy, get, licence, rent or subscribe to the Product (and which for the avoidance doubt includes Nium Invoicing and Nium Checkout); and
“Transaction” means acquiring the Product via our Services for a charge.
By completing a Transaction through the Services offered by Nium, you make a binding offer to enter into a contract with Nium, subject to the terms of this Agreement. The Transaction process consists of the following steps:
Step one: You select the desired Product on the Supplier's website and agree to the Supplier’s terms and conditions.
Step two: You submit your personal data, which is required for completing the Transaction and issuing invoices to you in accordance with the Privacy section below. You also agree to the terms and conditions as per this Agreement.
Step three: You will select your preferred payment method to make payment for the purchase of the Product and input the relevant payment information to successfully complete payment for the Product.
Final step: Nium will send you an invoice for the successful purchase of the Product(s) to the email address you shared with Nium as part of Step 2.
Your Agreement with Nium is concluded upon the successful purchase of the Product and payment of the invoice in full, subject to the terms of this Agreement.
Where any Product supplied is, or includes, software, that software is licensed by the relevant Supplier pursuant to the Supplier Agreement.
Nium will charge your chosen payment method for any paid Transactions, including any applicable taxes according to the tax jurisdiction in which the Transaction is taken place. You agree to receipt of all invoices and receipts in an electronic format, which includes email.
Product prices may change at any time. If technical problems prevent or unreasonably delay delivery of the Product, your exclusive and sole remedy is either replacement of the Product or refund of the price paid, as determined by Nium. When providing us with your information, you must ensure that it is up-to-date and accurate. Nium will not be responsible for the event of non-receipt of the Product due to incorrect information being provided by you. To make amendments to your order, please contact us at firstname.lastname@example.org. We reserve the right to not fulfil and to cancel orders if we do not receive payment.
If you fail, or Nium suspects that you have failed, to comply with any of the provisions of this Agreement, Nium may, without notice to you: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your license to the Product; and / or (iii) preclude your access to the Services.
Nium further reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice to you, and Nium will not be liable to you or to any third party should it exercise such rights. To the extent possible, Nium will warn you in advance of any modification, suspension or discontinuance of the Service. Termination of the Service will not affect any rights accrued thereunder or the Product that you have already acquired.
Where Nium suspects that fraudulent activities are being conducted by you, we have the right to cancel and block your usage of our Services without notice. Nium may also liaise with relevant authorities for law enforcement and financial crime prevention reasons and pass your details on to authorities should evidence be found confirming malicious or fraudulent or other criminal activity.
Nium takes every effort to ensure that the product descriptions stated are as accurate as possible. However, to the extent permitted by law, we do not warrant that such product descriptions are complete and accurate.
Nium has a strict no-refund policy. You acknowledge and understand that any purchases successfully made are final, and no returns will be accepted, nor any refunds issued unless expressly specified otherwise in this Agreement. Please be sure the products are right for you before purchasing. You are solely responsible for confirming that your device(s) are compatible with the Products you have purchased. All Products purchased are final, non-refundable and non-returnable. Nium does not offer refunds or exchanges for the incorrect purchase of Products, including due to compatibility issues. Any refunds that are provided are done so at the sole discretion of Nium, and on a case-by-case basis.
We understand that there may be occasions where you may not recognise or wish to dispute a payment made to Nium in relation to a Transaction.
Chargeback is a mechanism for your payment card issuer or payment provider (at their discretion) to reclaim money from a retailer’s bank. This can allow your card issuer or payment provider to provide you with a refund in a number of circumstances, including:
• if you do not get the Product you paid for;
• if you are charged the wrong amount, or charged twice by mistake;
• if the payment was made fraudulently.
You agree to contact Nium prior to raising a request for a chargeback or any dispute with your bank or card issuer/payment provider in relation to any Transaction.
We recognise that chargebacks can happen for a variety of reasons. However, if you make a payment through Nium, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to prohibit you from using our Services by providing compelling evidence to refute your invalid chargeback request.
If you are dissatisfied with any Product(s) purchased using the Services, or if you believe that you have been charged in error, please directly contact the following in order to resolve the issue:
(a) Nium - for issues relating to requests for refunds, payment, invoicing, and initial order related support;
(b) the Supplier - for all other issues, including issues relating to the product and/or its functionality.
If you are unable to resolve the issue with the Supplier directly, you may file a dispute or complaint against the Supplier with Nium. You must not make any false or misleading statements when filing, or during the subsequent investigation of, a dispute. Nium will investigate all disputes that are filed with it and will make reasonable efforts to resolve them. However, the ultimate resolution of such disputes shall be at Nium’s sole discretion.
For buyers in India, you can submit any payment-related questions to email@example.com. In the event of an escalation, you may contact our Grievance Officer Sudhir Nair at firstname.lastname@example.org.
It’s your responsibility to provide us with the correct payment details (your unique bank transfer reference number), and order information to avoid delays in your order fulfilment, as we may be unable to reconcile or refund such transactions.
If you’ve been charged sales tax on your purchase and are registered for sales tax in the country of purchase, you may be entitled to a refund of the sales tax amount if permitted by the laws applicable in such country. Sales taxes include VAT, GST, Consumption Tax and others as applicable from time to time. For wire transfers, please refer to the Wire Transfer section above for more information regarding eligibility of sales tax refunds.
You must contact Nium within 30 days after completing the purchase to be eligible for a sales tax refund. This refund will only be processed upon the provision of a valid sales tax code for your country.
All refund requests received after 60 days from the date of the Transaction will not be processed.
Nium reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and if accepted, will be effective immediately and will be incorporated into this Agreement and will apply to the purchase of any further Products through the Services. In the event you refuse to accept such changes, Nium will have the right to terminate the Agreement.
This Agreement and Nium’s rights and obligations under this Agreement will be transferred automatically to the Supplier upon receipt of a written notice from the Supplier requesting the transfer. In such circumstances:
• The Supplier agrees to be bound by this Agreement in every way as if it were the original party to it in place of Nium.
• You will perform the Agreement and be bound by its terms in every way as if the Supplier were the original party to it in place of Nium.
Nium is not responsible or liable for third party materials included within or linked from the Product or the Services.
You agree that the Services, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Nium and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Product in any manner, and you shall not exploit the Services in any manner not expressly authorised.
The Nium name, logo and other Nium trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Nium, and you are granted no right or license with respect to any of the aforesaid trademarks.
If you believe that any Products available through the Services infringe a copyright claimed by you, please contact Nium at email@example.com.
Nium disclaims any and all warranties, express, implied or statutory regarding the Services to the full extent permitted by law and in particular does not warrant that:
i) your use of the Services will be uninterrupted or error-free; ii) the Services or Products will be free from corruption, attack, viruses, interference, hacking or other security intrusion which shall be events of Force Majeure, and Nium disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Product purchased, acquired or rented using the Service.
In no event will Nium, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to the Buyer for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Agreement, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort otherwise. You may have the benefit of a manufacturer’s, licensor’s or Supplier’s warranty with the Products supplied and you should refer to the relevant documentation supplied with the Product in this regard (including the Supplier Agreement).
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. Nium's acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive Nium's right to act with respect to subsequent or similar breaches. Likewise, the delay or failure of Nium to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The parties agree that any Confidential Information provided under this Agreement shall be held and maintained in strict confidence. Each party agrees to protect the confidentiality of such information in a manner consistent with the way a reasonable person would protect similar Confidential Information.
Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods.
Except to the extent amended by any provisions of the law of the country in which you are resident, this Agreement and the relationship between you and Nium, and all Transactions shall be governed by the laws of the Singapore.