TERMS OF USE

Herein the following definitions will apply:

“You”, Your”, “Yours” refers to any user of the Maxpay Site, Maxpay Platform or Maxpay Services.

“We”,“Our” and “Us” refers to Maxpay.

“Maxpay” means Maxpay Limited, a legal entity registered in Malta with registration number C 66555 whose registered office is at Villa Ichang no. 16, Triq Mons Alfredo Mifsud, Ta’ Xbiex, XBX 1063, Malta which is subsidiary of Maxpay Holdings Limited, a legal entity registered in Malta with registration number C 66553.

“Maxpay parties” refers to Maxpay, its affiliates, subsidiaries and its respective directors, employees, agents and shareholders.

“The Site” refers to the Maxpay Site (www.maxpay.com), including all its content.

“Maxpay Platform” means internet-based software, API and other technologies allowing to obtain Maxpay Services.

”Client” means an individual who purchases goods or services from You. 

MAXPAY SERVICES

We provide you with software and a service to process your online credit and debit card payments, obtain and send payments through alternative payment methods and fight fraud with help of our anti-fraud solution Covery (https://covery.ai/) (the “Maxpay Services”). Reporting tools and fraud protection of your transactions are an inseparable part of Maxpay Services. We will provide you with application programming interfaces, SDKs and other technologies (the "APIs") to enable you to access and implement the Maxpay Services.

YOU AGREE TO THESE TERMS OF USE BY REGISTERING, ACCESSING, OR USING THIS SITE, MAXPAY PLATFORM OR MAXPAY SERVICES. IF YOU DO NOT AGREE, YOU SHOULD STOP ACCESSING THE SITE OR OBTAIN SERVICES IMMEDIATELY AND REFRAIN FROM FURTHER ACCESS AND USE THEM.

ALLOWED USE OF THE MAXPAY SITE AND ITS CONTENTS

The Maxpay Platform, the Site and all its contents and functions that are available to you are provided “as is” and “as available” for your personal use and information only. Subject to your acceptance of and compliance with these Terms of Use, we provide you with personal, non-commercial, revocable, on the previously agreed territories, non-exclusive, non-sublicensable and non-assignable right to use the Maxpay Platform, the Site  and its contents only for your personal purposes and always in full accordance with the Terms of Use and the applicable laws.

You may not: use, allow to use or assist other persons to use Maxpay Platform, the Site or any of its contents for any purpose other than obtaining of Maxpay Services unless we give you prior written consent.

Misuse of the Maxpay Platform, the Site and its content which are contradictory to the Maxpay Terms of Use and/or applicable laws will be regarded as a violation of these Terms of Use. 

You agree that you will not use, copy, modify, adapt, distribute, transmit, translate, display or otherwise exploit the Maxpay Platform and the Site without the prior written consent of Maxpay. 

You agree not to remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Maxpay Platform and the Site.

Maxpay reserves all rights not expressly granted in and to the Site and Maxpay Platform.

DATA PROTECTION

You should be aware that by providing you with Maxpay Services we act as a data processor and you act as a data controller in the meaning given by General Data Protection Regulation (GDPR). We process your data only to provide you the Maxpay Services and only on documented instructions from you. You warrant that you obtain prior consent from your Clients to collect, use and process their personal data by Maxpay.

You, as data controller, shall comply with all applicable data protection laws, rules and regulations. You should check if your privacy policy duly discloses your data practices, including using third-party service providers for detection and prevention of fraud. 

When we act as a data processor, we will transfer you requests or claims from Clients concerning your data protection obligations (if any). In the first place, it is your obligation as data controller to deal with any claims or quires to delete, change or obtain personal data from your Client. Nevertheless, we will assist you by providing all necessary information or by other means envisaged by applicable law.

In some cases, when you use Maxpay Hosted payment page (HPP) allowing you to accept card payments through Maxpay payment page, we and you jointly determine to process cardholder data for the purposes of our cooperation. In such case, we are joint data controllers and bear several liability for data protection infringements. Our obligations and responsibilities will be allocated in the separate agreement with you.

We warrant and represent that Maxpay has implemented the technical and organisational security measures and technological development to ensure an appropriate level of security of personal data. We will notify you of any personal data breaches (including any unauthorized or accidental access) without undue delay after becoming aware of a personal data breach. 

You shall ensure the security of data you transfer to Maxpay. We immediately inform you if, in our opinion, you infringe GDPR protection provisions. You assume full liability for failures to meet the GDPR in cases when it envisaged by these Terms of Use or GDPR.

For more detail please read our Privacy Policy.

VIRUSES

We do not guarantee that the Site is free of viruses/bugs nor that it is totally secure. You, the user, are responsible for your entire information technology configuration, computer programs and platforms necessary to access and use the Site. You should make use of your own software for virus protection.

You will not use the Site, API and/or Maxpay Platform to introduce trojans, viruses, worms, logic bombs or any other material that may harm the Site or its technology. You must not use unauthorized access to the Site or Maxpay Platform or to the server where the Site is stored or any other server, database or computer connected to the Site and/or Maxpay Platform. You must not implement any attacks on the Site or Maxpay Platform using denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss/damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may harm your computer equipment, programs, data or other proprietary material due to your use of the Maxpay Platform or the Site or in the event that you download any content from it, or from any website linked to it.

INTELLECTUAL PROPERTY RIGHTS

You, the user, hereby acknowledge and agree that all information, content and material contained on the Site, Maxpay Platform and API’s are exclusively the ownership of Maxpay, our affiliates, partners, suppliers or licensors who are protected by intellectual property laws and/or international treaty provisions.

You acknowledge that we own or are licensed to use all rights, titles and interests in and to the Maxpay Platform, Site and contents including, without limitation, all intellectual property rights therein and thereto. By “Intellectual property rights”, we mean any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, whether or not registered or capable of registration, and whether subsisting in any specific country (-ies) or any other part of the world, and any and all other proprietary rights as may be updated and expanded periodically.

You acknowledge that, under no circumstances, will you acquire any title or interest to any part of the Maxpay Platform, Site or its contents. You may not reproduce, store, share, distribute or use any of the information, content and material contained on the Site or Maxpay Platform, either in whole or in part, without our and the respective owner’s prior written consent.

TRADEMARKS

The Maxpay name and logos are trademarks of Maxpay and our affiliates and subsidiaries. Other marks, graphics, icons, names and logos used or displayed on or through the Maxpay Site, and the described or offered products or services are trademarks, trade dress and/or service marks of Maxpay and our affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Maxpay.

You must not copy or use any of the abovementioned trademarks, trade dress and/or service marks, in whole or in part, without our and the respective owner’s prior written consent.

You must not use any meta-tags or any other “hidden text” utilizing any of the abovementioned trademarks, trade dress and/or service marks without the prior written permission of Maxpay or the respective owner.

INFORMATION ON THE SITE

You must not accept information on the Site as comprehensive nor should you rely on the information displayed on the Site for business/legal decisions. ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL NOT CREATE ANY WARRANTY, SHOULD NOT BE RELIED UPON FOR BUSINESS/LEGAL DECISIONS AND YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL FOR SPECIFIC ADVICE ACCORDING TO YOUR PARTICULAR SITUATION. Any forethoughtful statements made on the Site are based on our best judgment but are subject to a number of uncertain issues as well as events that are beyond our control.

You understand and agree that your access to and use of the Site and its contents are entirely at your sole discretion and at your own risk and that you will be solely responsible for any losses and damages that may result from such access and use.

PRIVACY POLICY AND USE OF COOKIES

Use of the Site and Maxpay Platform is also regulated by our Privacy Policy, the provisions of which are adopted herein by reference so when we refer to these Terms of Use, we also refer to the Privacy Policy. Be assured we respect your privacy and your personal data will be protected as well as your Clients’ information and data.

THIRD PARTY PRODUCTS AND LINKS TO OTHER WEBSITES

The Site may contain third party offers, products and services, as well as links to other websites. Third party products, services and sites may contain information/material that is illegal, unreasonable or such that some users may find inappropriate or offensive.

You acknowledge that we assume no responsibility or liability whatsoever for any of the third party products or services or to the content or privacy practices of those third parties, and that these Terms of Use and Privacy Policy do not apply to the third party products, services or websites or to information collected by such third parties.

Before using third party sites, you are advised to read and understand those sites’/product’s/services’ terms and conditions and privacy policies to ensure you agree to their terms.

You are knowingly and voluntarily assuming all risks of using third-party products, services and sites and that we shall have no liability whatsoever with respect to such third party sites, products and services and your usage of them.

LINKS TO THIS SITE

You may create links to this Site from other websites inasmuch as it is clear that we do not endorse you or your activity, business, products or services and that you and we are not affiliated in any way.

We reserve the right to withdraw linking permission without any prior notice.

DISCLAIMER

The Maxpay Platform, Site and its contents available to you are provided on an “as is” and “as available” basis with no warranties whatsoever. Maxpay parties do not assume any liability whatsoever and disclaim any responsibility for any consequences resulting from your access or use of the Maxpay Platform, Site and contents.

You understand and agree that your access and use of the Maxpay Platform, Site and its contents are entirely at your sole discretion and at your own risk and you will be solely responsible for any consequences resulting from your access or use of the Site and contents.

We do not guarantee that the Site and/or and the Maxpay Platform will be undisturbed or error-free. We do not guarantee that the Site and/or and the Maxpay Platform will be maintained and kept up-to-date on a regular basis, or that all its products and services will be available anywhere, any time and to all users.

We specifically and explicitly disclaim, to the fullest extent permitted by law, any and all representations, guarantees and warranties (expressed, implied, statutory or otherwise) with respect to the Maxpay Platform, Site and contents, including, without limitation, warranties as to accuracy, performance, merchantability, fitness for a particular purpose, and non-infringement. The Maxpay parties also disclaim any warranties and liability regarding the accuracy, completeness, security, reliability, timeliness, and performance of the Maxpay Platform, Site and contents.

Some countries and jurisdictions do not allow the exclusion or disclaimer of certain terms or warranties, so the above exclusions in whole or in part may not be applied fully in your country or jurisdiction. If the above exclusions are not fully enforceable under applicable law, they will apply to you to the extent they are enforceable. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.

LIMITED LIABILITY

Nothing in the Terms of Use excludes or limits liability for death or personal injury arising from negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Inasmuch as enforceable under applicable law, the Maxpay parties will not be liable for any damage whatsoever, including but not limited to any (i) direct; (ii) indirect; (iii) consequential; (iv) special; (v) exemplary; (vi) punitive; or (vii) incidental damages; including but not limited to damages for loss of income or profits, business interruption, loss of business information, loss of goodwill or reputation (and the like), whether such claim is based on warranty, contract, tort (including negligence), or otherwise, and even if the Maxpay parties, jointly or separately, have been advised of the possibility of such damages or loss.

Such limitation of liability shall also apply whether the damages arise from use, misuse, inability to use and reliance on the Site and contents, or from the interruption, suspension, or termination of the access or use of the Site and contents for any reason. Such limitation shall apply to the fullest extent permitted by law, notwithstanding a failure of essential purpose of any limited remedy.

Some countries and jurisdictions do not allow the exclusion, disclaimer or limitation of liability of certain types of damages, so the above exclusions may not be fully applied to you in your country or jurisdiction. If the above exclusions are not enforceable under applicable law, and under any circumstance whatsoever, the aggregate liability of the Maxpay parties shall not exceed one hundred U.S. dollars. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.

Without prejudice to the other provisions of the Terms of Use, while these limitations for liability provisions use the Maxpay parties’ definition, the Maxpay parties will not have any joint responsibilities or liabilities (i.e. no member of the Maxpay parties shall be responsible for the damages and losses caused by another member).

SUSPENSION OF SERVICES 

We may without prior notice temporarily suspend or terminate our services in the event: 

  • your activity or your user’s activity is likely to harm the operation of the Maxpay Platform or the Site;
  • you do not pay us or pay with a delay for providing Maxpay Services;
  • you violate your obligations or warranties under these Terms of Use;
  • you stop use Maxpay Services.

INDEMNIFICATION

You will defend, indemnify and hold harmless Maxpay parties, its officers, directors and employees against any third party claim, demand, suit, investigation or proceeding relating to any violation or alleged violation of these Terms of Use by you.

HOW MAY THESE TERMS OF USE BE CHANGED

We can make amendments to these Terms of Use at any time by the means of publishing a revised edition on the Site. You will be notified of any substantial changes. The revised version will be in effect immediately and be noted by updated date to the end of these Terms of Use. You are entitled to terminate the agreement with Maxpay if you do not agree on any changes. By continuing using Maxpay Services, you accept the changes.

GOVERNING LAW AND DISPUTES

The Site and/or Maxpay Platform can be accessed from numerous places and countries all over the world. That shall not be understood as venue or consent to that local jurisdiction as we did not avail ourselves to any other local jurisdiction other than the one stated and expressly implied in these Terms of Use.

The construction, validity and performance of these Terms of Use and any claim or dispute arising out of them shall be governed in all respects by the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. The competent courts in London, England, shall have exclusive jurisdiction in any legal matter arising from or related to the Site and these Terms of Use. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.

MISCELLANEOUS PROVISIONS

NO WAIVER. Failure or delay by us to exercise any right, power or remedy under these Terms of Use or to require or enforce strict performance by you of any provision of these Terms of Use, the Privacy Policy and any supplemental or incorporated documents or policies shall not be regarded as a waiver or relinquishment of any such right, power or remedy..

SEVERABILITY. All the provisions of these Terms of Use Agreement are distinct and severable. If any court or other authority of competent jurisdiction finds any provision or part of any provision of these Terms of Use, to be invalid, unenforceable or illegal, this shall not impair the operation of these Terms of Use or affect the other provisions, which are valid.

FORCE MAJEURE. Neither party will be liable under these Terms of Use for non-performance caused by events or conditions beyond that party's control if the party makes reasonable efforts to perform.

ASSIGNMENT. You may not novate, assign, transfer or sub-contract any rights or obligations under these Terms of Use, or any part thereof, without our prior written permission.

CONTACTS

IF you have any further questions, please feel free to contact us.

dpo@maxpay.com
support@maxpay.com
https://maxpay.com/contact/

 

Terms of Use last modified on 16 May 2018