Terms & Conditions
- Home
- Terms & Conditions
Terms and Conditions
By accessing and using the Services provided by (Company name), (Website name), (we), (us), or (our), you are agreeing to be bound by the terms and conditions set forth in these Terms. It is important that you carefully read and understand these Terms before using the Services or accessing them. These Terms govern your access to and use of the Services.
These Terms include our Privacy Policy, which can be found in (the "Privacy Policy"), as well as the terms of our Payment Partner, which are defined within these Terms. Your agreement to these Terms establishes a contractual relationship between you and (website name). If you do not agree to these Terms, you may not access or use the Services.
ELIGIBILITY CRITERIA
By accessing and using the Services, you confirm and guarantee that:
- (a) you have the full capacity and competence to accept and abide by these Terms;
- (b) you are at least eighteen years of age;
- (c) you are a resident of (country name); and
- (d) you possess all the required registrations, licenses, rights, and authority to enter into these Terms and Conditions. If you are acting on behalf of a company, organization, or any other legal entity, you warrant that you have the authorization to legally bind that entity to these Terms.
PROFILE CREATION
To utilize the Services, it is necessary to create an Account on the Platform by providing a username, password, phone number, and email address.
You agree to take reasonable measures to secure access to: (a) any device associated with the phone number or email address linked to your Platform Account, and (b) any device connected to the phone number or email address associated with your Platform Account.
You are responsible for maintaining the confidentiality of your username and password provided during the account registration process. If there is any unauthorized use, disclosure, or security breach concerning your Account, you must promptly report it to us.
In the event of any violation of the Terms, we reserve the right to disable passwords or other unique codes that grant access to the Platform or identify your activities on the Platform.
To prevent unauthorized use of your Account, it is important to log out at the end of each session.
You explicitly acknowledge and agree to assume responsibility for any actions or activities that occur through your Account. Unauthorized access, including hacking or security breaches, may result in unauthorized transactions, refund requests, or disputes initiated through your Account. We cannot be held liable for such actions.
You consent to receive communications from us regarding various matters, including:
- transaction-related information specific to the Platform;
- details of the transaction amount;
- information about our company and the Services;
- service updates and promotional offers from us and our third-party partners; and
- any other communications related to the Services.
SERVICES SCOPE
Services provided by (website name):
- a) In simple terms, we are a payment gateway company that offers services accessible at (URL). Our role as a technology provider enables various services, including listing services, logistics and payment services, education platforms, and other value-added services that support business growth and expansion.
- b) It is important to note that we do not endorse you, your goods, or the services offered on the Merchant Dashboard.
- c) Linking to Our Platform:
You must refrain from linking to our Platform in any way that suggests or implies our affiliation, endorsement, or approval of any person, product, service, etc., unless we have granted specific consent. Additionally, you must avoid any unlawful linking practices or actions that may harm our reputation or goodwill, whether intentional or unintentional.
If we deny you permission to link, you must immediately cease doing so. For any requests to link to or use our Platform's content beyond the specified instances, please contact (mention email address).
Payment Aggregation Services
To facilitate seamless payments through the Platform, (website name) has collaborated with a Payment Partner. The payment processing will be governed by the Payment Partner Terms in addition to these Terms. It is important to note that (website name) is not responsible for the actions or inactions of the Payment Partner.
You agree that the Payment Partner will settle all Transaction Amounts with you according to the Payment Partner Terms.
If you or your customers have any questions, concerns, or complaints regarding the Payment Aggregation Services provided, please contact (mention email address).
Access to Services
Depending on the subscription plan you have purchased, the availability of certain features within the Services may vary. Each Service or subscription plan has its own set of features, capabilities, and associated fees. We also reserve the right to enable or disable specific features on your behalf.
If your selected payment method supports auto-renewal, you authorize us to collect subscription fees for the chosen subscription term(s) on a recurring basis. Please be aware that selecting auto-renewal as your payment method will result in consecutive renewals of your Services subscription for the specified terms.
You acknowledge and agree that we may need to modify the Services to comply with applicable laws, which may result in the inability to use some or all of the Services. We shall not be held liable for any limitations on your usage of the Services due to our compliance with applicable laws.
Third-Party Services
The Services may include Third-Party Services, such as services, content, documents, and information provided by third parties or links to such services. Your use of Third-Party Services is entirely at your own risk, and the responsibility for the Third-Party Services lies with the third party that created or provided them.
We do not make any representations and disclaim all warranties and liabilities arising from or related to such Third-Party Services, including their accuracy or completeness. If you use a Third-Party Service, the terms and conditions and privacy policies of the respective third parties providing the service will apply to you. Additionally, all intellectual property rights to Third-Party Services are owned by their respective third parties.
(Website Name) Rights
Consent to Use Data
Our Privacy Policy governs the collection and use of all data required to provide you with our Services.
You authorize us to store and share backups with the Payment Partner as necessary for them to offer the Payment Aggregation Services and with any relevant authority. This includes data related to the information available on the Merchant Dashboard, your Account, your usage of (website name) Services, and electronic conversations with customers, including complaint discussions.
To enhance the efficiency of the Platform and improve the effectiveness of our Services, we may utilize information and data on your usage for analytics, trend identification, and statistical purposes.
The Platform tracks, organizes, and analyzes your orders and Platform usage, subject to your consent, to provide various additional services. If you provide consent, we may share order and transaction data with our affiliates. If we utilize your order or transaction information to identify and acquire suitable additional services on your behalf, we may charge a facilitation fee. By consenting, you agree to these terms.
Your Responsibilities
By agreeing to these Terms, you confirm that all information provided by you on the Platform or in relation to the Services is accurate, complete, and up to date at the time of acceptance, and you will ensure its ongoing accuracy, completeness, and currency throughout your use of the Services. If you provide incorrect, incomplete, inaccurate, or misleading information or fail to disclose any material fact while using the Services, we cannot be held responsible or liable for any resulting loss or damage.
Your Responsibilities
By agreeing to these Terms, you confirm that all information provided by you on the Platform or in relation to the Services is accurate, complete, and up to date at the time of acceptance, and you will ensure its ongoing accuracy, completeness, and currency throughout your use of the Services. If you provide incorrect, incomplete, inaccurate, or misleading information or fail to disclose any material fact while using the Services, we cannot be held responsible or liable for any resulting loss or damage.
During the Term and after its termination, you agree not to engage in any actions that could harm our reputation, goodwill, or business relationships with the general public, customers, suppliers, or employees. You shall refrain from making any disparaging remarks or comments about us or our affiliates.
If you breach any of your obligations or covenants under these Terms, you agree to fully cooperate with us in defending any legal proceedings brought against us.
Unless expressly permitted by these Terms, you are prohibited from using the Services in the following ways:
- Violating the proprietary rights of any other party, including copyrights, patents, trademarks, or trade secrets.
- Copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating derivative works from, or licensing the Services, unless specifically authorized in this agreement.
- Transmitting data or uploading content that contains viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or computer code designed to disrupt the operation of software or hardware.
- Monitoring or copying the App or any portion of it using automated or manual methods such as robots or spiders.
- Using the Services for fraudulent or malicious purposes or in any manner prohibited by these Terms.
- Abusing Appropriate Regulations in any way.
Intellectual Property
The ownership or licensed rights to the Platform and Services, as well as the intellectual property rights arising from them, belong to us. We grant you a limited, non-exclusive, non-sublicensable, royalty-free license to use the Platform in accordance with these Terms and any provided instructions, as long as you comply with these Terms.
Occasionally, we may request feedback on the Services from you, such as bug reports or vulnerability disclosures (collectively referred to as "Feedback"). You acknowledge that any Feedback you provide may be used by us freely, including but not limited to using, copying, disclosing, publishing, displaying, distributing, and exploiting the Feedback, without requiring your prior consent, payment of royalties, acknowledgment, or any other restriction based on your intellectual property rights.
Indemnity
You agree to indemnify and hold harmless (website name), its parent company, affiliates, officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives from any losses, actions, damages, penalties, costs and expenses, claims, demands, lawsuits, or judicial proceedings (including but not limited to damages, liabilities, settlements, costs, and attorney's fees) arising from:
- Errors, misrepresentations, negligence, fraud, forgery, dishonesty, violations committed by you, your personnel, agents, or representatives, or any third party using your Account, accessing the Platform, or using the Services in violation of these Terms;
- Violation of applicable laws or industry practices by you;
- Claims made by authorities or third parties resulting from your actions or omissions, including breaches of these Terms or engaging in activities outside the scope of these Terms.
Limitation of Liability
Notwithstanding any provision to the contrary, (website name), its affiliates, and related parties shall not be liable to you or any third party for any indirect, incidental, special, or consequential damages, loss of revenue, or profits arising from these Terms, including actions taken by Authorities or Payment Partners. By using the Platform or the Services, you agree to release (website name), its affiliates, subsidiaries, parent company, and each of their directors, officers, employees, and agents from any and all claims, losses, damages, liabilities, expenses, and causes of action to the maximum extent permitted by law.
Changes to Terms
We have the right to modify these Terms and Conditions and the Platform at any time. As a Merchant, it is your responsibility to review these Terms and any Additional Terms each time you use the Platform or the Services. Your continued use of the Platform and Services after any modifications constitutes your acceptance of the revised Terms. If you disagree with the changes, we recommend that you discontinue using the Platform and/or the Services.
Additionally, we reserve the right to limit or suspend the availability of our Platform, either partially or completely, for business or operational reasons. Please note that our Platform may not always be available or uninterrupted, and we will make reasonable efforts to inform you in writing of any such suspensions or withdrawals as soon as possible.
Severability
If any provision of these Terms is found to be illegal or unenforceable by a court or competent authority, the remaining provisions will still remain in full force and effect. If a part of a provision is deemed unlawful or unenforceable but can be made lawful or enforceable by deleting specific words or phrases, those words or phrases will be removed, and the rest of the provision will remain valid and enforceable.
Force Majeure
You acknowledge and agree that we shall not be held liable for any breach of these Terms that arises from an unforeseen event beyond our reasonable control. Such events may include, but are not limited to, failures of communication systems, system breaches or viruses, sabotage, natural disasters (such as fire or flood), explosions, acts of God, civil unrest, strikes or industrial action, riots, insurrection, war, government actions, and unauthorized access to computer data and storage devices. In the event of a Force Majeure Event, we will be granted a reasonable extension of time to fulfill our obligations, and we will make reasonable efforts to notify you of the event and minimize its impact.
Governing Laws and Jurisdiction
Any dispute arising from these Terms shall be exclusively governed by and brought before the courts in the city and state mentioned in the agreement. The laws of the country mentioned in the agreement shall apply to the interpretation and enforcement of these Terms. The chosen jurisdiction and applicable laws aim to provide a clear framework for resolving any disagreements or legal issues that may arise in relation to these Terms.
Contact Details
You are welcome to get in touch with us at (insert email address here) if you have any inquiries, complaints, or claims regarding the Services.