UTSPAY: Terms of Use

This policy serves as an agreement between the user and UTSPAY regarding the use of UTSPAY, which includes both website and application of UTSPAY. By accessing or signing up for an account with UTSPAY, you acknowledge and agree to comply with the following terms, conditions, and notices. bound by these Terms of Use. UTSPAY maintains the right to amend its terms and conditions, in whole or in part, at any time, with or without notice.

UTSPAY User Agreement

AZprime Technologies FZCO (“UTSPAY”) offers, amongst other things, Cashback to UTSPAY account holders for trading made at ShopBack’s broker partners through UTSPAY’s various platforms including but not limited to its website, browser extension and mobile application (the “ShopBack UTSPAY”). The use of the services (the “Services”) offered on the UTSPAY Platforms and accounts maintained with UTSPAY shall be subject to these terms and conditions (the “Agreement”). This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with UTSPAY. By using any of the Services or maintaining an account with UTSPAY, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. UTSPAY may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with UTSPAY shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

Acceptance of Terms

By using UTSPAY, you agree to be bound by the terms, conditions, and notices stated in this policy. These terms apply to all users of UTSPAY. By using UTSPAY, you agree to be bound by the terms, conditions, and notices stated in this policy. These terms apply to all users of UTSPAY. Subject to this Agreement, UTSPAY hereby grants you a revocable, non-exclusive, non-transferable licence (without the right to sublicense) to access and use the UTSPAY Platforms and the Services solely for your personal use. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. UTSPAY reserves the right to change, the charges associated with the use of the platform, upgrade or discontinue any or all of the Services or the UTSPAY Platforms or any feature of the Services or the UTSPAY Platforms, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by UTSPAY.

Modification of these Terms of Use

UTSPAY reserves the right to modify, amend, or update this policy at any time without prior notice. It is your responsibility to review these terms periodically to ensure compliance.

UTSPAY Account

In order to utilize the services provided by UTSPAY, users are required to have a UTSPAY account. This includes the ability to request a refund, which will be solely determined by UTSPAY and subject to the terms and conditions in place. Use of the account and the Services (including the opportunity to earn Cashback) are offered at the sole discretion of UTSPAY and subject to your compliance with this Agreement. An individual shall not create or have control and/or custody over multiple UTSPAY accounts. In particular:

• Each email account may only be linked to one UTSPAY account;
• Each mobile number may only be linked to one UTSPAY account;
• Each payment account (e.g. each bank account; each paypal account) may only be linked to one UTSPAY account.

A failure to abide by any terms and conditions, the perpetration of any fraud or abuse, whether relating to the accrual or receipt of Cashback and/or other rewards or otherwise, and/or any misrepresentation of any information furnished to UTSPAY or its affiliates may result in your UTSPAY account being flagged for suspicious activity and suspended or terminated; any Cashback accumulated being forfeited; and/or being cancelled.

You are responsible for regularly checking your account to ensure Cashback has been properly credited and that your account balance is up to date. You must notify UTSPAY of any omissions, incorrect entries or discrepancies concerning any transaction within 30 days after that transaction. UTSPAY reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period.

Please note that failure to comply with any of the required conditions may result in account suspension or termination.

High-risk Investment

Trading CFDs or any instrument on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade CFDs or any instrument, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with CFDs or any instrument trading.

Broker Partner Policy

UTSPAY and its Broker partners have a mutually beneficial relationship, allowing them to collaborate freely. You agree that we are not agents of any broker partners and that the broker partners operate independently and not under our control. Accordingly, your participation in trading or offers or correspondence with, any broker partners is solely between you and that broker partners. However, it is important to note that UTSPAY will not assume any liability for any damages or losses incurred by customers while participating in activities with broker partners. We do not assume any liability, obligation or responsibility for any part of such correspondence, trading or offers, including, without limitation, the withdrawal or modification of any such offer or trading. UTSPAY is not responsible for changes to, or discontinuance of any broker partners from any of UTSPAY’s platforms or the termination of any promotion offered by any broker partners on any of UTSPAY’s platforms, or for any effect on accrual of Cashback caused by such changes, discontinuance, or withdrawal. UTSPAY assumes no responsibility and shall not be liable for any content, product and/or services on the broker’s platforms.

Nature of Cashback

For the avoidance of doubt, you do not gain any proprietary right over any monies or assets held by UTSPAY when you earn Cashback in your account. The Cashback accrued in your account does not constitute monies held on trust by UTSPAY for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights of repayment as may arise out of this Agreement.

Tax Responsibility

Customers are solely responsible for any applicable taxes. If taxes are levied on the Cashback received from UTSPAY, it is the customer's responsibility to handle them accordingly. UTSPAY makes no representation as to the tax treatment of such amounts.

Cashback Withdrawal

You have the flexibility to withdraw your Cashback whenever you wish, as long as you adhere to the terms and conditions outlined in this Agreement or any specific conditions associated with individual entries in your account. When withdrawing money, it is necessary for the name on the bank account to match the name used for identity verification. This requirement is in compliance with the law to prevent the act of anti-money laundering. Furthermore, the Company retains the right to temporarily suspend the withdrawal of funds from the Client's account in the event that any improper or fraudulent activity is detected. This measure is implemented to safeguard the interests of both the Company and the Client, ensuring a secure and transparent financial environment. To be eligible for withdrawal, the total value of your accumulated Cashback must meet or exceed the minimum withdrawal amount, which will be communicated periodically. To withdraw your Cashback, it is essential to have an active account and provide the necessary information, such as a valid bank account number, to facilitate the withdrawal process. And you can connect only 3 bank account or account per payment. If you want to change your account, you must contact [email protected] only. However, if you fill in information about the bank account that will receive Cashback or mistakenly transferred to any other account from us. which is caused by providing your information We have no policy to take responsibility for any such actions. Moreover, If a customer provides incorrect information for their cashback receipt, whether it is the account number, account name, amount, or other details, UTSPAY and the Payment Gateway will not be held responsible. UTSPAY's role is solely to distribute cashback to customers, and it does not assume the duty to verify or notify of transfer errors, including maintaining privacy in cashback receipt. In cases where cashback is received in an account other than the customer's own or other similar scenarios, UTSPAY considers it the customer’s responsibility to safeguard their own interests. UTSPAY will not be liable in such cases. and UTSPAY announces that effective July 3, 2024, the minimum withdrawal amount will be set at $10. Any withdrawal requests below this amount will be declined in all cases. This decision is due to customers withdrawing funds from outdated versions of the UTSPAY application that have not been updated, despite numerous notifications through all our social platforms. Therefore, we reserve the right to deny such withdrawal requests. We kindly request all customers to update their applications to the latest version to ensure convenience, speed, and ease of use.

Meaning of Cashback

UTSPAY is the opportunity to earn Cashback on trading made at our various broker partners through our various UTSPAY Platforms. Creating and maintaining an account with UTSPAY is required before a user can start earning Cashback. Earning cashback in your account does not grant you ownership or control over any funds or assets held by UTSPAY. The cashback you accumulate in your account does not represent funds held in trust by UTSPAY for your benefit. Your rights and entitlements are solely confined to personal or contractual repayment rights that may arise from this Agreement.

Termination of Account

UTSPAY reserves the right, in its sole discretion, to terminate or temporarily suspend your access to the UTSPAY Website and the related services or any portion thereof at any time, without notice. The cashback accumulated in your UTSPAY account will expire if there is no trading activity or any other form of action for a continuous period of 180 days. It is important to note that remaining inactive for such a duration will result in the expiration of the cashback.

Earning Cashback

To earn cashback, the trading account added with UTSPAY must have a username that matches the authentication with UTSPAY. The account that will receive the cashback must be associated with UTSPAY. Please be aware that all trading activities and investment decisions are undertaken at your own risk. UTSPAY holds no responsibility in any manner for any outcomes resulting from these actions. It is important to refrain from engaging in fraudulent activities or violating the terms and conditions of UTSPAY or its broker partners. These terms, conditions and requirements include but are not limited to:

• Requiring the user to have cookies enabled when accessing the UTSPAY Platforms and subsequently the broker partner’s website;
• Ensuring that after being redirected to the broker partner’s website, the user completes the transaction before proceeding to any other website;
• Completing the trading on the broker’s platform or website;
• Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by UTSPAY or the applicable broker partner;

However, Cashback amounts and exclusions vary from broker partner to broker partner and individual promotions may contain specific exclusions. UTSPAY may be given all details of your trading activity by broker partners: i.e. (instrument, open, close, volumes, etc.) to properly compute your rebate. UTSPAY owners, operators, and affiliates shall have no liability or obligation under any circumstance to issue client payments for any reason, and all payments are issued at our sole discretion.

Please review these terms carefully. These exclusions are subject to change without notice, and UTSPAY hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. If at any time UTSPAY becomes unable to collect funds from any broker(s) or contracted firms/entities then UTSPAY reserves the right not to pay clients. UTSPAY shall not be indebted to any client or other party for any reason regardless of whether UTSPAY has received compensation based on actions or agreements executed by the client.

Bonuses and Rewards

UTSPAY provides a range of bonuses and prizes to its users. Participation in UTSPAY activities, such as inviting friends to use UTSPAY, may entitle you to earn bonuses or rewards. The specific terms and conditions for each activity will outline the methods by which bonuses or rewards can be earned. Please review and comply with these terms and conditions in order to qualify for and receive the associated benefits. UTSPAY reserves the right to approve the disbursement of such bonuses or rewards based on adherence to the stated terms and conditions. For some partner brokers bonuses may be deducted from our commissions resulting in a lower rebate than may be expected. UTSPAY periodically offers bonuses or rewards for performing certain actions (such as referring new users to UTSPAY). The terms and conditions accompanying such offers will govern how they are earned and paid. You shall not send any paid traffic directly to your referral link. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to brokers or forum pages belonging to third parties.

Tools

UTSPAY assumes no responsibility for any errors, inaccuracy of the information, or losses resulting from the use of the CFDs or any instrument Calculators, Tools available on our website, including the support thereof.

Fraud

UTSPAY may suspend or terminate your account if it has reason to believe are involved in any fraudulent or dishonest activities. Any failure to comply with this Agreement, any fraud, dishonesty or abuse relating to the use of the services or your account, or any misrepresentation of any information furnished to UTSPAY or its affiliates by you or anyone acting on your behalf may result in the termination of your account; cancellation of any trading made; and/or forfeiture of your accrued Cashback rewards.

Fees Incurred Related to Payments

Certain reasonable fees may be incurred by clients as a result of. Wire fees, PayPal, Crypto payment fees, and other similar costs and the labor associated with these services may be charged to the client’s account and deducted from the payment amount.

Communications

By becoming a UTSPAY user, you agree to receive communications that are account and user related (e.g. that we’ve added Cashback to your account, that we have paid out money to your bank account) as well as periodic trading related Notifications that special deals available to UTSPAY users. We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process. Your consent to receive electronic communications include any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us appraised of your current e-mail address should the same change subsequent to the date you become a Member. We may also send you push notifications if you install the mobile application.

Links to Third Party Sites

UTSPAY Website and/or Platform may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of UTSPAY and UTSPAY is not responsible for the contents of any Linked Site (third party), including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UTSPAY is not a Representative or Associate of the third party and UTSPAY has no control over data provided by the third party. You shall perform your own research and due diligence when accepting service provided by a third party of UTSPAY. UTSPAY is not responsible for webcasting or any other form of transmission received from any Linked Site. UTSPAY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UTSPAY of the site or any association with its operators.

Ownership

All rights, title, and interest in the Services, the UTSPAY Platforms and the Content associated with or on the same belong to UTSPAY or its licensors. Additionally, UTSPAY shall maintain all rights, title, and interest in “UTSPAY”, the letter U has uneven lines logo, and any other marks, service marks, trademarks, or logos of UTSPAY (the “UTSPAY Marks”) that are registered in Dubai and other markets. The UTSPAY Marks may not be used in connection with any non-UTSPAY product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UTSPAY. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing “UTSPAY” or anything substantially similar to “UTSPAY” or any other UTSPAY Mark including, without limitation, utspay.com, utspay.co.th, utspay.sg, utspay.com.sg utspay.my, utspay.co.id, utspay.ph, utspay.co.tw, utspay.vn, utspay.jp, utspay.co.kr and utspay.com.au with any search engine, domain service provider or any intellectual property office whatsoever. You shall not mention or use UTSPAY in any ad text, extension, or banner ad without express written consent of UTSPAY. All other trademarks not owned by UTSPAY that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UTSPAY.

Indemnification

You agree to indemnify UTSPAY, any broker partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses, and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

Warranty Disclaimer

The Services, content, and the UTSPAY Platforms are provided “as is” and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. UTSPAY does not warrant that the functionality of the UTSPAY Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, UTSPAY does not warrant, guarantee, or make any representations regarding the quality of, or accuracy of advertisements for, any brokers, products, or services offered or provided by its affiliate broker in conjunction with the services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTSPAY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE UTSPAY PLATFORM/WEB SITE, WITH THE DELAY OR INABILITY TO USE THE UTSPAY PLATFORM/WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE UTSPAY PLATFORM/WEB SITE, Including problems with payment intermediaries, broker partners, or payment options to selected customers OR OTHERWISE ARISING OUT OF THE USE OF THE UTSPAY PLATFORM/WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UTSPAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

UTSPAY disclaims all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, issuer or other provider of your selected Payment Method.

Waivers/Severability

Any failure to enforce any provision of this Agreement on the part of UTSPAY will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by UTSPAY on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.

Entire Agreement

This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the UTSPAY services or continued maintenance of an account with UTSPAY shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

Regulatory

These terms and conditions are governed by and subject to the regulatory framework of Dubai laws.

Discrepancy of Terms and Conditions

In the event of any discrepancy between different versions of the terms and conditions, the English version shall prevail and be considered the authoritative version.