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PAYZIP SERVICE TERMS AND
CONDITIONS
Welcome to our online spending account service
(referred to as the "Service"). We provide the
Service to you on the following Terms and
Conditions.
By clicking on the appropriate button to
indicate your acceptance or by paying for the
Service, you agree to use the Service consistent
with these Terms and Conditions and with all
applicable laws and regulations. We may modify
these Terms and Conditions from time to time. If
we do, we will notify you by posting the amended
Terms and Conditions on the Service. Please read
these Terms and Conditions carefully. We will
not notify you before we terminate your account
for violation of these Terms and Conditions. If
we terminate your account, we may not reinstate
it in our sole discretion.
A. RULES FOR USING THE SERVICE
1. YOUR RESPONSIBILITIES. You are solely
responsible for the content of your purchases.
You are not permitted to perform purchases using
the Service that (a) infringe on any third
party's intellectual property or proprietary
rights, or rights of publicity or privacy; (b)
violate any law, statute, ordinance or
regulation; (c) are defamatory, trade libelous,
threatening, unlawfully harassing, abusive,
pornographic or obscene; (d) any product related
to gaming, betting, casino or similar products
that offer winnings or payouts.
2. RULES RELATING TO MINORS. If you are under
the age of 18 you may not use the Service
without the consent of a parent. If you are
under the age of 16, you may not use the Service
at all. If you are age 18 or older, you warrant
to us that you are at least 18 years old, that
all information that you submit to us is true
and verifiable (including your credit card
account information), and you agree to pay all
fees, charges, taxes and assessments arising out
of your use of the Service.
B. PAYMENT TERMS
1. TERM. The Service is available to purchase
products on the Internet on a regular basis
beginning on the date that you accept these
Terms and Conditions and return the signed
contract to us by mail.
We will automatically renew your Service for
additional terms (yearly) and charge your credit
card account for each successive term unless you
provide us with notice of your intent to cancel
your account, 10 days in the case of yearly,
prior to the end of your term either by email to
support@payzip.com or fax to any of the fax
numbers listed on our website. No other notices
of Service cancellation will be accepted.
2. PAYMENT. Upon placing an order for the
Service, you must provide us with a valid credit
card account number. You hereby authorize us to
charge your credit card account in advance, for
the full price of the Service for one term. You
acknowledge and agree that we may, in our sole
discretion, change the Fee Schedule at any time;
provided that we will only apply any changes in
the Fee Schedule to your future charges.
3. REFUNDS - OUR CANCELLATION. You will not be
entitled to a refund in the event we cancel your
account Service for a violation by you of these
Terms and Conditions.
4. REFUNDS - NON-USE. Notwithstanding anything
to the contrary herein, in no event will you be
entitled to a refund of any portion of the
Service fees because you have not used the
Service. In certain cases where you are unable
to use the service due to technical problems
your will be entitled to a full refund of the
setup fee once you return the Digipass security
device and the ATM/Visa card if it has been sent
to you.
5. TERMINATION. We, in our sole discretion, may
suspend or terminate the Service if you default
in your payment. A payment "default" means that
your credit card company denies the charge to
your credit card account (chargeback). We will
provide you with notice of any payment default
by email, when possible. You will have five (5)
days to cure a payment default updating your
credit card account information through our
Customer Service at disputes@payzip.com or send
a fax to any of the fax numbers listed on our
website.
In case of failure to balance your account
default, we will use bill collection agencies in
your jurisdiction to reclaim that debt.
C. OUR PRIVACY POLICY
1. PRIVACY OF YOUR ACCOUNT. We consider your
registration data and the content of all of your
messages to be private. Transactions that you
perform will be received with your Digital ID
and Internet Protocol (IP) address from the
location where you perform the transaction. We
will not intentionally monitor or disclose any
of your transactions or personal data unless we
believe in good faith that we are required to do
so (i) to enforce these Terms and Conditions,
(ii) by law, (iii) to defend us in any action,
or (iv) to protect our property. Additionally,
you agree to respect the privacy and
confidentiality of others. Since privacy is a
function of your password and Digipass device,
we encourage you to change your password
frequently and to not share it with anyone.
2. PRIVACY OF YOUR REGISTRATION DATA. Unless you
are in violation of any of the items listed in
C1, we will never intentionally monitor or
disclose any of your transactions or personal
data unless you specifically instruct us to do
so.
D. ABOUT YOUR ACCOUNT
1. ALLOWED USE. You acknowledge that only you
are authorized to use your account. You agree
not to resell the Service and you agree to be
fully liable for the use of your account,
including any unauthorized use of your account
by a third party. You agree to notify us
immediately if you become aware of any
unauthorized use of your account.
2. ACCOUNT LIMITS. Your account will include a
maximum of five thousand (5,000) EUR. We may not
process any transactions that are larger than
five thousand (5,000) EUR, at our sole
discretion.
3. CANCELLING YOUR ACCOUNT. If your account is
cancelled for any reason, all transaction data,
including your personal details will kept for
twelve (12) months dated from cancellation date
in order for us to handle any forthcoming
disputes. After that period your data will
automatically be deleted and unrecoverable and
we may, in our sole discretion, close your
account if it has been inactive for twelve (12)
months.
E. OTHER PROVISIONS
1. PROPRIETARY RIGHTS. We may provide you with
content such as text, software, music, sound,
photographs, graphics, video or other material
which may be protected by copyrights,
trademarks, or other intellectual property
rights and laws. You may use this material only
as expressly authorized by us and you may not
copy, transmit or create derivative works of
such material without express authorization.
You acknowledge and agree that you may not
upload, post, reproduce, or distribute any
content on or through the Service that is
protected by copyright or other proprietary
right of a third party, without obtaining the
permission of the owner of such right. Any
copyrighted or other proprietary content
distributed with the consent of the owner must
contain the appropriate copyright or other
proprietary rights notice. The unauthorized
submission or distribution of copyrighted or
other proprietary content is illegal and could
subject you to personal liability or criminal
prosecution.
2. INDEMNIFICATION. You agree to defend,
indemnify and hold us, our parents,
subsidiaries, affiliates, officers and
employees, harmless from any claim, demand or
damage, including reasonable attorneys' fees,
caused by or arising out of claims made against
us based upon the use of the Service.
3. SURVIVAL OF TERMS AND CONDITIONS. You must
adhere to these Terms and Conditions for so long
as you are using the Service. The following
provisions of these Terms and Conditions will
survive any termination: Rules for Using the
Service, Our Privacy Policy, Indemnification and
Other Provisions.
4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE
THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE MAY CHANGE THE FEATURES OR
FUNCTIONALITY OF THE SERVICE AT ANY TIME, IN OUR
SOLE DISCRETION. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS, OR THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR
ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE SOLEY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICE PURCHASED OR OBTAINED THROUGH THE
SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
5. LIMITATION OF LIABILITY. WE SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED
COMMUNICATIONS, LOST DATA OR LOST PROFITS
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. Some jurisdictions do
not allow the limitation of liability so the
foregoing may not apply to you.
YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE
TERMS AND CONDITIONS OF THIS AGREEMENT IS
CANCELLATION OF YOUR ACCOUNT.
6. MISCELLANEOUS. These Terms and Conditions
will be governed by and construed in accordance
with the laws of Singapore without giving effect
to principles of conflict of laws. If any
provision of this Agreement is held to be
invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be
enforced. Our failure to act with respect to
your breach does not waive our right to act with
respect to subsequent or similar breaches. These
Terms and Conditions set forth the entire
understanding and agreement between you and us.
These Terms and Conditions and all documents
relating hereto have been drafted and will be
interpreted in English.
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