These Payer Terms and Conditions (“Payer Terms”) govern your use of the Qualy application and platform (collectively, “this Application” or “the Service”) when you are acting as a Payer to make payments for services and products offered by Qualy customers (Education Agents, Schools, or other entities, collectively “Service Providers”) through this Application.
These Payer Terms, together with our general Terms of Use (if you are also a registered User of other platform features) and our Privacy Policy, form a legally binding agreement between you (“Payer,” “You,” “Your”) and the relevant Qualy entity providing the Service.
The Qualy entity you are contracting with depends on your primary region or the specific transaction:
Collectively, these entities are referred to as “Qualy,” “Owner,” “We,” “Us,” or “Our.” The specific Qualy entity responsible for your transaction will generally be the one associated with the Service Provider you are paying or the payment processing channel used.
Please read these Payer Terms carefully before using the Service to make any payments. By making a payment through this Application, you signify your acceptance of these Payer Terms.
If any other contract or agreement has been entered into between the Owner and the Service Providers, such agreements shall prevail regarding the relationship between the Owner and the Service Provider. These Payer Terms govern Your relationship with Us as a Payer.
Although the entire contractual relationship relating to the underlying services or products (“Provider Services”) is entered into between You (or the Beneficiary You represent) and the Service Provider, You acknowledge and agree that, where this Application has been provided to You via the Apple App Store or Google Play Store, Apple or Google may enforce these Payer Terms as a third-party beneficiary.
Nothing in these Payer Terms creates any relationship of employment, agency (except as explicitly stated herein regarding Qualy acting as a mandatary for certain Service Providers for payment collection), or partnership between the involved parties.
Owner contact email: support@qualyhq.com
Qualy provides a platform that facilitates:
1.1. Role of Qualy and Service Providers
Qualy does not generally control, monitor, or inspect the Provider Services beyond initial onboarding processes for Service Providers, where applicable. Qualy does not guarantee the quality, suitability, or legality of Provider Services. Any descriptions, claims, or offers related to Provider Services are made by the Service Providers themselves.
To make payments, You may be required to provide necessary information on this Application. You agree to:
3.1. Product and Service Descriptions & Prices Prices, descriptions, and availability of Provider Services are determined by the Service Providers and displayed on this Application. While We strive for accuracy, We are not responsible for errors or omissions in such information provided by Service Providers.
Foreign Exchange (FX): If Your payment involves a currency conversion, the exchange rate applied will be determined by the designated Payment Processor at the time of the transaction, or as otherwise indicated on the payment page. Quoted FX rates may be valid for a limited period. Significant FX rate volatility between the time a rate is quoted and the time Your payment is processed may, in exceptional circumstances, require adjustment or re-confirmation of the transaction amount, as per the terms of the relevant Payment Processor or as communicated to You.
For Payers in Brazil making payments for services subject to Brazilian regulations: The final price presented to You prior to order submission will be the total amount due in Brazilian Reais (BRL), including all applicable taxes (such as IOF - Imposto sobre Operações Financeiras - for international transactions processed via the platform) and any of Qualy’s intermediation fees if charged directly to You. The breakdown of these costs will be made available. You acknowledge that when paying for services from a Service Provider in Brazil for whom Qualy acts as a mandatary, the payment for the Service Provider’s services is collected by Qualy Services Brazil LTDA on behalf of the Service Provider. The Service Provider is responsible for issuing its own Nota Fiscal de Serviços (Service Invoice) to You for their services. Qualy Services Brazil LTDA will issue a Nota Fiscal de Serviço Eletrônica (NFS-e) for its own intermediation fee to the party responsible for its payment (e.g., the Service Provider, or You if directly charged).
3.2. Order Submission and Contract Conclusion When You submit an order or instruction to pay:
3.3. Payment Authorization and Processing By initiating a payment, You authorize Qualy, through its designated Payment Processors, to charge Your selected payment method for the full amount specified.
Payment Processors: Your payments will be processed by third-party Payment Service Providers (“Payment Processors”) selected by Us. The specific Payment Processor(s) utilized may vary depending on factors such as Your geographical location, the currency of the transaction, the location of the Service Provider, and the specific services being acquired.
The Payment Processor(s) applicable to Your specific transaction(s) will be identified to You at the point of payment or in Your transaction details. By proceeding with any payment, You authorize the designated Payment Processor(s) to facilitate Your payment and You agree to be bound by their respective terms and conditions and privacy policies. It is Your responsibility to review these terms.
Links to the terms and conditions of our primary Payment Processors are provided below:
For transactions primarily involving Payers in Brazil or processed in BRL:
For transactions primarily involving Payers in Australia or processed in AUD:
For certain international transactions and other jurisdictions, including where “Transfermate for Education” is indicated:
If the designated Payment Processor for Your transaction is not listed above, or if You are unsure which terms apply, the relevant terms will be made available at the point of payment or can be requested from Us.
You expressly authorize Qualy to share Your payment information and other necessary personal data with the applicable Payment Processor(s) for transaction processing and regulatory compliance.
3.4. Failed Payments If Your payment fails or is refused by the Payment Processor or Your financial institution, neither Qualy nor the Service Provider is obligated to fulfill the order for Provider Services. Any costs or fees resulting from failed or refused payments shall be Your responsibility.
3.5. Refunds, Cancellations, and Chargebacks
Qualy is not responsible for refund decisions made by Service Providers, except to ensure that agreed-upon refunds are processed. Qualy’s own service fees, if any were charged directly to You for the use of the payment platform, are generally non-refundable unless required by law (e.g., under the Brazilian Right of Repentance if Qualy’s fee is part of the repented transaction).
If You, as the Payer, are making a payment on behalf of another individual (such as a student, child, or other beneficiary, hereafter the “Beneficiary”), the following terms apply in addition to all other Payer Terms:
4.1. Authorization and Representation By making a payment on behalf of a Beneficiary, You represent and warrant that: a. You have all necessary legal authority and consent from the Beneficiary (or their legal guardian if the Beneficiary is a minor) to make such payments and to provide any personal information of the Beneficiary required for the transaction and the provision of Provider Services. b. You are acting in the best interests of the Beneficiary. c. You have informed the Beneficiary (or their legal guardian) about the payment being made, the Provider Services being acquired, and that their information may be shared with Qualy, the Service Provider, and relevant Payment Processors for these purposes.
4.2. Information Disclosure You acknowledge that in the course of processing the payment and facilitating the Provider Services, We, the Service Provider, and the Payment Processors may require information pertaining to both You (as the Payer) and the Beneficiary. You agree to provide accurate and complete information for both parties as requested. This may include, but is not limited to:
4.3. Responsibility for Terms You, as the Payer, are responsible for ensuring that both You and the Beneficiary (to the extent applicable based on their age and capacity) understand and agree to comply with all relevant terms, including these Payer Terms, the Service Provider’s terms, and the Payment Processor’s terms. You agree that any notices or communications regarding the payment or related services sent to You shall be deemed as effectively communicated in relation to the transaction for the Beneficiary.
4.4. Data Privacy of the Beneficiary You acknowledge and consent (and confirm You have the Beneficiary’s or their guardian’s consent) to the collection, use, and sharing of the Beneficiary’s personal information as described in Our Privacy Policy and as necessary for the purposes outlined in these Payer Terms and for the provision of Provider Services. You are responsible for ensuring the Beneficiary (or their legal guardian) is aware of Our Privacy Policy.
4.5. Disputes and Communication While You are the Payer, communications regarding the substance of the Provider Services may primarily occur between the Service Provider and the Beneficiary (or their legal guardian). However, You, as the Payer, will typically be the primary contact for matters directly related to the payment itself (e.g., payment confirmations, billing inquiries, refund processing).
Your personal data, and that of any Beneficiary You represent, provided in connection with payments will be processed in accordance with Our Privacy Policy and as necessary to facilitate transactions with Service Providers and Payment Processors.
For Payers in Brazil: The processing of Your personal data will comply with the General Data Protection Law (LGPD - Law No. 13.709/2018) . You have specific rights under LGPD, including access, correction, deletion, and portability of Your data. The Data Protection Officer (DPO / Encarregado) for Qualy Services Brazil LTDA can be contacted via support@qualyhq.com .
All intellectual property rights in and to this Application and the Qualy Service, including its software, design, text, graphics, and other content, are owned by or licensed to Qualy. You are granted a limited, non-exclusive, non-transferable license to access and use this Application solely for the purpose of making payments as a Payer in accordance with these Payer Terms. You may not copy, modify, distribute, sell, or lease any part of Our Service or included software, nor may You reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or You have Our written permission.
7.1. Disclaimer of Warranties THIS APPLICATION AND THE QUALY SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUALY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
7.2. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUALY (OR ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES) BE LIABLE FOR:
QUALY’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THIS APPLICATION AS A PAYER SHALL NOT EXCEED THE AMOUNT OF QUALY’S OWN SERVICE FEES (IF ANY) PAID BY YOU IN CONNECTION WITH THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM IN THE PRECEDING 12 MONTHS, OR A NOMINAL AMOUNT (E.G., USD 50 OR EQUIVALENT IN LOCAL CURRENCY) IF NO SUCH FEES WERE PAID BY YOU DIRECTLY TO QUALY.
Specific Provisions for Payers in Brazil qualifying as Consumers: Notwithstanding any limitation of liability stated herein, for Payers in Brazil qualifying as Consumers, the liability of Qualy Services Brazil LTDA shall be governed by the Brazilian Consumer Protection Code (Law No. 8.078/1990). Clauses that exempt or attenuate Qualy’s liability in a manner inconsistent with the CDC may be considered null and void. The CDC establishes a system of joint and several liability among all participants in the supply chain. Therefore, Qualy Services Brazil LTDA may be held liable under the CDC for issues arising from transactions facilitated through the platform if it is considered part of the supply chain for such Consumers.
Specific Provisions for Payers in Australia: Nothing in these Payer Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which You may have under the Australian Consumer Law (ACL) and which cannot be excluded, restricted, or modified. To the fullest extent permitted by law, Our liability to You, including for a breach of a non-excludable right, is limited, at Our sole discretion, to the re-supply of the services or the payment of the cost of having the services supplied again.
7.3. Indemnification You agree to defend, indemnify, and hold harmless Qualy and its affiliates, officers, directors, agents, and employees from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including legal fees) arising from:
Qualy reserves the right to amend or otherwise modify these Payer Terms at any time. Such changes will only affect the relationship with You for the future. Your continued use of the Service to make payments after such changes will signify Your acceptance of the revised Payer Terms.
For Payers in Brazil qualifying as Consumers: For material changes, particularly those affecting consumer rights, We will endeavor to obtain explicit acceptance where required by or advisable under Brazilian law, in addition to prior notification.
You are encouraged to first attempt to resolve any disputes related to Provider Services directly with the Service Provider. For disputes related to Qualy’s Service (e.g., payment processing issues not resolved by the Payment Processor, platform functionality), please contact Us at support@qualyhq.com . We will try to resolve them amicably.
For Payers in Brazil: Consumers in Brazil may also use the online dispute resolution platform Consumidor.gov.br.
For European Consumers: The European Commission’s ODR platform is available at http://ec.europa.eu/consumers/odr/ .
