Terms & Conditions
General
1. The following describes the legal terms and conditions (“Terms of Use”) outlined within this agreement upon which Payteka Ltd. (“Payteka” “We” “Our” “Us”) offers access to its Website and Services (as such terms defined below) to any entity or person who registered for using and/or receiving certain of the Services (“You”, “Your”) from Us directly or through Our Website (as defined below).
Accordingly, these Terms of Use describe the terms and conditions that apply to Your use of the Services. Use of the Website and/or Services by you may solely be done in accordance with these Terms of Use. Please note that these Terms of Use constitute a legally binding agreement between You and Payteka. In addition to these Terms of Use, please take the time to review Payteka’s Privacy Policy including the other rules, policies, and terms and conditions relating to the Services posted on the Website, which are incorporated hereinafter by reference, together with such other policies of which You may be notified of by Us from time to time. If You do not agree to be bound by the Terms of Use, terminate your use or access to Our Website and/or Services, and inform Us in writing immediately.
If any of the terms of this Terms of Use are not understood or incoherent, please contact us at [email protected] before using the Services.
2. Payteka provides online payment processing solutions worldwide and acts as a coordinator in order to aid You to accept online payments with respect to, but not restricted to, debit cards, credit cards, local payments methods, merchant payments and other ancillary services (the “Services”), subject to the Terms of Use (which you should read carefully in its entirety prior to Your use of the Services).
3. Payteka’s Services are subject to registration and initiation of an Account with Payteka, as further described below, and may also be required to execute additional documents by and between Us and You, and by and between any relevant financial institution and/or authority and You, as will be executed from time to time. Payteka makes no representations or warranties as to whether the relevant financial institutions will accept and approve You as their customer.
4. In accordance with the procedure specified hereafter, anyone registered to the Website and/or Services, or makes use the information published on the Website and/or Services, accepts upon himself/herself, in free will and consent, the Terms of Use’s authority, agrees to be bound by the Terms of Use, commits to act pursuant to the Terms of Use’s stipulations and to the rules specified therein, as they will be updated from time to time, without any reservation.
5. Payteka reserves the right to amend these Terms of Use at any moment in time, and to do so according to its absolute and exclusive discretion; such amendments shall be posted on the Website and will enter into immediate effect upon such posting, or at a later date as notified by Payteka. Should you wish not to be bound by such amendments, Your only remedy in such a case is to stop using the Website and Services and to close Your Account; should you choose to continue to use the Website and/or Services, You will be deemed to have agreed to such change and it will be binding upon You.
Definitions
In these Terms of Use, the following words and phrases shall (unless specified to be otherwise depending on context) have the meanings set out beside them.
“Account” shall mean a personal account opened by You via the Website in connection with the use of the Services as set forth in the [Account Opening document].
“Anti-Money Laundering or AML” encompasses the set of procedures, laws, and regulations designed to stop the practice of generating income through Illegal Actions. Though the laws surrounding anti-money laundering cover a relatively limited number of transactions and criminal behaviors, their implications are far-reaching. This includes, among other, domestic legal regulations, legally binding IFSC Rules, recommendations of international organizations, and established practices.
“Illegal Actions” shall mean illegal, unlawful, fraudulent or other improper activities (including, but not limited to, (i) collusion between Users, (ii) sale, transfer and/or acquiring Accounts from other Users, (iii) breaking into the Website and/or Services or attempting to do the same, (iv) using the Account or Services to attempt Money Laundering, Terror Financing or bribery.
“Restricted Territories” shall mean jurisdictions blocked by Payteka at its sole discretion, from time to time.
“We”, “Our” or “Us” shall mean Payteka, and/or any of Payteka’s affiliated or associated companies, officers, directors, shareholders and employees.
“Website” shall mean Payteka.com and/or any website owned, operated or hosted by Payteka, and any software or content that is used to access such website in order to use the Services.
Account
6. Registering with Payteka and to use the Services, requires you to set up one or more Account and accept Our standard agreement. In order to establish the Account, certain information must be provided by yourself, as shall be determined by Payteka from time to time, which shall include, the account name, password in addition to general information about You. Payteka shall be entitled to determine the minimum thresholds to be maintained on an Account and other restrictions. Each Account shall be assigned with an internal serial number.
It should be evident that only businesses (including sole proprietors), (i.e., charitable organizations, and other entities or persons) which comply with the requirements under these Terms of Use are eligible to open an Account to use the Services.
To register you must provide Us with certain specifics concerning your business; including your business or trade name, physical address, email, phone number, tax identification number, URL, the nature of your business or activities, and certain other information about you that we require. We may also collect “personal information” (as defined in applicable privacy law), subject to Our Privacy Policy, about your beneficial owners, principals, etc. Until you have submitted, and we have reviewed and approved, all the necessary information, your Account will be available to you on a preliminary basis only, and we hold the right to terminate it at any time and for any reason.
User Eligibility
7. The Services offered are available to and may only be used by individuals or entities who can form legally binding contracts under the laws and regulations applicable to their country of residence. Without limiting the aforementioned, Our Services are not available to persons under the age of 18 or otherwise under the legal age. If You are under the age of 18 or otherwise under legal age, You may not use this Website and/or Services. If You do meet the necessary stipulations to qualify, please do not use Our Website and/or Services. For the avoidance of doubt, We shall not be responsible for any unauthorized use by any User under legal age in any way or manner.
8. Without derogating from the above provision, We hold no responsibility for verifying and/or ensuring whether You possess sufficient knowledge and/or experience to use Our Website and/or Services, nor shall We be responsible for any damage and/or loss incurred by You due to and/or related to the Website and/or the Services. You shall bear sole responsibility for any decision made and/or to be made by You relying on the content of the Website. Without limiting the foregoing, We reserve the right to refuse and/or cancel Services to anyone at Our own discretion if Our Services are being used where it is illegal to do so.
9. The Services are intended only for Users who, under the laws of any applicable jurisdiction, are not prohibited by from using the Services. You represent, warrant and agree to ensure that Your use of the Services will comply with all applicable laws, statutes and regulations. You shall be solely responsible for determining whether Your use of the Services is legal in the place where You operate and/or use the Services and to ensure that You comply with any and all laws applicable to You before registering or participating in any activity through this Website. If You reside or are present in any jurisdiction that prohibits using the Services (including without limitation any of the Restricted Territories) You shall not participate in the prohibited activity. Should you have any concerns of the legality of Your use of the Services, we recommend consulting with Your legal counsel in the applicable jurisdiction.
10. The availability of the Services shall not be deemed or interpreted as an invitation by Us to use the Services and or the legality of our Services, if You reside in a place in which such use is currently forbidden by law (including without limitation any Restricted Territories), or where We, in Our sole discretion, elect not to offer Services. We do not intend to enable You to contravene applicable law. We make no representations or warranties, expressed or implied, concerning the legality of the Services and/or the lawfulness of any person’s participation in any activity through the Website and/or Services.
Registration Requirements
11. You shall be wholly and solely responsible for, in confidentiality, reserving Your Account and not to transfer Your Account details to another. The full responsibility for unauthorized use of Your Account lies solely with You, and You will bear, alone, all responsibility resulting of an unauthorized use of Your Account. If You misplace, forget or lose Your Account details, regardless of circumstances, Payteka shall not be liable for any direct or indirect loss associated with such occurrences.
12. By opening an Account, You hereby represent, warrant, acknowledge and undertake, towards Payteka, that: (i) Your Account is for Your personal use only and not at the behest of any third party; (ii) You are an individual or company with the capacity and authority to form legally binding contracts under the law applicable to Your country of residence, and You are a minimum of 18 years old or at the age of legal consent as set by the law applying in the territory You are located in –whichever is higher; (iii) if You are registering as or in the stead of a business entity, You hereby declare that You have the authority to bind that entity to this Agreement; (iv) it is Your responsibility to read and comprehend the Services’ rules and procedures and You fully understand these rules and procedures before proceeding; (v) You will be uninhibited and transparent with Payteka and provide it with all requested documentation in a full, complete and truthful manner; (vi) You have verified and ensured that Your use of the Services does not violate any laws or regulations of any jurisdiction that applies to You; (vii) Your use the Website and/or Services must be in good faith towards Payteka as well as others using the Website and/or Services; (viii) Payteka may at its sole discretion, open, maintain and/or close Your Account; (ix)Soley You will be responsible for maintaining the confidentiality of Your Account, including any and all actions undertaken in association with Your Account by anyone who enters Your Account while using Your Account, and all such actions shall be deemed as actions taken by You as they will be viewed as your proxy; (x) Upon any suspected unauthorized use of Your Account or any Illegal Action, You must immediately inform Payteka of such occurrences; (xi) You shall indemnify Payteka and hold Payteka unaccountable from and against any and all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms of Use by You, and any other liabilities arising out of: (a) Your access to or use of the Website and/or Services, or (b) Your violation of any of the terms of these Terms of Use, or (c) Your breach of any applicable laws or regulations, or (d) any unauthorized use of the Website and/or Services by any third party using Your Account.
13. Furthermore, you represent, warrant, acknowledge and undertake, towards Payteka, that (i) Use of Your Account will not be allowed for any third party that wishes to use Your Account for any Illegal Actions; (ii) should You perform any Illegal Action Payteka shall be entitled to disclose any and all of Your Account details and information to the relevant authorities, and to suspend and/or cancel Your Account; (iii) You shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by You and You shall indemnify Payteka for any such losses, damages and liabilities; and (iv) You have not had an Account in the past which was terminated or suspended by Payteka.
14. Through any action performed through the Website and/or Services You may not damage, disablement, overburden or create impairment to the Website and/or Services. You may not: (i) upload any content to the Website and/or Services that is libelous, defamatory, offensive, threatening, abusive, hateful, objectionable, harassing, sexually explicit, obscene, illegal, or that infringes or violates any of the intellectual property rights of any person or otherwise violates the law; (ii) use any automated means to access, exploit or use the Website and/or Services through means of copying or web scrapping from the Website and/or Services; (iii) bypass any measure or action Payteka may use to prevent or restrict access to the Website or any of the Services; (iv) fraudulently manipulate and or vilify the Website and/or Services in any way. For avoidance of doubt, You shall be solely responsible and bound by any unauthorized use of the Website and/or Services, made in breach of this section.
Powers and Authorities of Payteka
15. Payteka shall make the necessary and reasonable efforts to prevent the malfunctioning or error in the Website and/or Services activity. However, in the event of a technical failure (or any other error) in the Website and/or Services systems for any reason whatsoever, Payteka is entitled to cancel Your participation in any and all of the Services that resulted or caused the error or malfunction in question. Payteka shall not be held liable for any and all failures and errors, including but not limited to, technical failures, malfunctions, viruses, bugs, errors, tampering or unauthorized intervention, fraud or any causes which are beyond the control and scope of Paytekas duties etc., which You encounter when using or in connection with the Website or the Services.
16. Should the Services cannot be conducted as planned, including, but not limited to, infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the control of Payteka; Payteka reserves the right to cancel, terminate, modify or suspend the Services if for any reason; Payteka is entitled to take any action it, at its sole discretion, decides to take in order to counter any such circumstances.
17. Payteka reserves the right to limit, refuse or cancel any act performed by either You or through Your Account (regardless of whether such cancellation was due to actions on Your part or of any third party), where Payteka believes that any act of fraudulent behaviour or any other act of bad faith has been taken against Payteka or any third party.
18. Payteka shall be entitled, at its sole discretion, to amend, modify, or discontinue, from time to time, any of the Services and/or introduce new Services. Payteka shall not be liable for any loss suffered by You resulting from any changes made in the Services offered and You shall have no claims against Payteka in such regard.
19. Payteka reserves the right, however, is under no duty and/or obligation, to monitor any content uploaded to the Website by You and/or any third party. Payteka, at its sole discretion, may remove any such content at its sole discretion.
Reservations Concerning the Responsibility of Payteka
20. Payteka is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect resulting loss which arises from these occurrences. Payteka is not responsible for any problems or technical malfunction related to any external service providers including but not limited to any telephone network or lines, computer on-line, systems, servers or providers, computer equipment, software failure of email on account of technical problems or traffic congestion on the internet or at any website. Payteka shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Website and/or the Services and/or Your Account or which resulted in damage to Your hardware and/or software and/or data.
21. Under no circumstance shall Payteka be liable for any direct, indirect, incidental, special, punitive or consequential damages or damages for loss of profits, revenue, data or use incurred by You or any authorised or unauthorised third party, whether in an action for contract, tort or any other legal theory, arising from the access to, or use of, the Website, the Services or otherwise, regardless of whether Payteka has been informed of the possibility of such damages.
22. You are aware that the Website or Services could contain links provided by third parties which could link directly or indirectly to, inter alia, third party websites and/or advertisements and/or Services, none of which are affiliated with Payteka in any way. You acknowledge that Payteka shall not assume any responsibility with respect to any third party and/or third-party post and/or links and/or advertisements of any sort on the Website or the Services. Should any of Your actions or decisions be with regard to a third party, including but not limited to, Your decision to access any third party link, You understand that Your decisions are at Your own risk and that Payteka will not bear any liability with regard to any of Your actions.
23. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products and Services contained and/or offered on the Website and/or the Services for any purpose. All information, software, products and Services are provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to information, software and Services contained or offered on the Website and/or Services, whether express or implied.
24. We shall have no liability, regardless of circumstances, with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the Website and/or Services. Consequently, You and anyone using the Website and/or Services are invited to verify the sanctity the information published on the Website and/or Services.
25. IN NO EVENT SHALL PAYTEKA OR ANY OF ITS AFFILIATES OR ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN ACTION FOR CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE WEBSITE, THE SERVICES OR OTHERWISE REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER PAYTEKA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
26. Payteka shall not be responsible or hold any liability for any actions or omissions of internet service providers or any other third party which provides You with access to the Website or Services. You undertake not to hold Payteka liable for any of Your actions or the actions of anyone associated with You.
27. Use of the Website and Services is done at Your own risk, and under no circumstance shall Payteka be responsible for any damage or loss You shall incur as a result or consequence of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services. Payteka will not be responsible for any damage or loss incurred by You as a result of Your use or reliance on the content of any website or application to which links appear on the Website and/or Services.
28. It is hereby agreed that any claim and/or cause of action pertaining to the Services and/or the Website must be filed by You or any other third party within one (1) year after such claim and/or cause of action arose or be forever barred.
29. THE WEBSITE, SERVICES, THE WEBSITE AND/OR SERVICES CONTENT USED IN CONNECTION THEREWITH ARE PROVIDED “AS IS”, AND PAYTEKA MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR OF APPLICABLE LAWS AND REGULATION, OR THAT THE WEBSITE, SERVICES, THE WEBSITE AND/OR SERVICES CONTENT USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE WEBSITE AND/OR SERVICES.
Intellectual Property
30. All the rights, including the intellectual property rights (i.e., patents, copyright, trademarks, service marks, logos, trade names, know-how or any other intellectual property rights) concerning or inherent to the Website and the Services, and all of its content, including, but not limited to, programs, files, video, audio, pictures, graphics, pictures, text and software (collectively the “IP Rights”), are and shall remain the sole and exclusive property of Payteka. You may not use any of the IP Rights without the express prior written approval of Payteka, except pursuant to these Terms of Use, and You shall not, by using the Website and/or Services or otherwise, acquire any rights to any of the IP Rights. Without derogating from the above, You are strictly prohibited from: (i) copying, redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the IP Services to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing the Services, and (iii) making the Services or the Website available to any third party.
31. Use of any data and/or content and/or any part whatsoever of the Website and/or Services by You with the aim of building a product or service or anything in that vein which might compete with and/or competes with the Website and/or the Services is prohibited, nor will You use the Website and/or the Services to provide services to any third parties, except with the express permission in writing by Payteka. In this respect, You recognize and acknowledge that above-mentioned actions shall constitute as a breach of agreement and entitles Payteka with the right to terminate this agreement effective immediately without any prior warning.
Customer Support
32. You may contact Us via Our customer support or via Email at [email protected] in relation with anything related to the Website and/or the Services at any time.
33. Any communication that Our customer support receives will be handled with the utmost care and without any delay. For such purpose, You hereby provide Your consent that We may contact You via the contact details provided to Us.
Miscellaneous
34. These Terms of Use and the relationship between You and Payteka shall be governed by, and construed and interpreted in accordance with, the laws of Belize, excluding its conflict of law rules, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Belize with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms of Use, the Website and/or the Services.
35. Payteka may transfer or assign to any third party all of its rights and obligations hereunder; without derogating or detracting from the above, the Website and/or any of the Services may be operated by authorised third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this form of Agreement.
36. Unless explicitly stated otherwise within this Agreement, nothing in this Agreement shall: (i) be construed as the creation of any agency, arrangement, trust of fiduciary relationships or any relationship akin the aforementioned between You and Payteka; (ii) create or confer any rights or benefits to any third party; and/or (iii) grant You any security interest in any asset of Payteka.
37. These Terms of Use as well as any other terms and conditions referred to herein or incorporated by reference hereto, constitute the entire agreement between You and Us with respect to the subject matter hereof and supersede any and all prior agreements between Us and You in relation to the use of the Website and/or Services. You confirm that, by agreeing to accept this Agreement, You have not relied on any representation for any express representation made by Us.
38. We may provide You through an Email and/or through the Website and/or Services with notices with respect to or in connection with this Agreement.
39. No failure or delay on Our part, regardless of circumstance, in exercising any right, power or remedy thereunder shall be ascertained as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
40. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
41. These Terms of Use have been drafted in the English language. In the event of any discrepancy or incongruence between the meanings of any translated versions of these Terms of Use and the English language version, the meaning of the English language version shall prevail.