Terms of use

About MaxPay

Herein the following definitions will apply:

“You” refers to any User of the MaxPay Site.
“Your” refers to that which belongs to the User.
“We” and “Us” refers to MaxPay.
“Our” refers to that which belongs to MaxPay or the MaxPay parties.
“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 whose registered office is at Villa Ichang no. 16, Triq Mons Alfredo Mifsud, Ta’ Xbiex, XBX 1063, Malta.
“MaxPay parties” refers to MaxPay affiliates, partners, licensors, suppliers and the respective directors, employees, agents and shareholders (jointly: the “MaxPay parties”).

“The Site” refers to the MaxPay Site (www.maxpay.com).
MaxPay introduces a brand new payment service (the “Service”) to help you easily accept your customers’ online credit/debit cards payments.

MaxPay Service

We provide you with software and a service to process your online credit and debit card payments. Be assured we respect your privacy and your personal data will be protected as well as your customers’ information and data. You will be able to pay and report taxes while continuing to work within all applicable laws and regulations.

USING THE MAXPAY SITE INFERS THAT YOU AGREE TO OUR TERMS OF USE. IF YOU DO NOT AGREE, YOU SHOULD STOP ACCESSING THE SITE IMMEDIATELY AND REFRAIN FROM FURTHER ACCESS AND USE OF THE SITE.

We highly recommend you to read and understand these Terms of Use and refer to them on a regular basis to be aware of any changes that may have been made. We reserve the right and have sole discretion to make amendments and changes to the Terms of Use. Any changes we make will be in effect immediately, and be noted by updated date to the end of this Terms of Use.
We do not guarantee that the Site will be undisturbed or errors-free. We reserve the right for permanent or temporary, entire or partial discontinuation, suspension, removal and/or amendment to the Site and any of the contents stored within it, at any time, at our sole discretion without any prior notice.
We do not guarantee that the Site 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 reserve the right to limit your access to the Site or its parts without any prior notice, at our sole discretion and without any liability.
All products and services presented on the Site are subject to their individual agreements or terms and conditions and, if there is a dispute, these agreements or terms and conditions will have precedence over the Terms of Use of MaxPay.
Note that these Terms of Use limit our liability and your remedies. We do not warrant nor guarantee the MaxPay Site and its contents.

ALLOWED USE OF THE MAXPAY SITE AND ITS CONTENTS

The MaxPay Site and all its contents and functions that are available to the User are provided “as is” and “as available” for the user’s 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 to 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 will in no way change or manipulate the MaxPay Site and its contents. You may not: use, allow to use or assist other persons to use the Site or any of its contents for any purpose other than for those purposes described in the previous paragraph of the Terms of Use unless we give you prior written consent.
Misuse of the Site and contents including, but not limited to, printed copies thereof, which are contradictory to the MaxPay Terms of Use and/or applicable laws will be regarded as a violation of this Agreement and intellectual property laws. Misuse is strictly forbidden and may lead to termination of your right to access and use of the Site and its contents, and may lead to legal action.
You agree that you will not use, copy, modify, adapt, distribute, transmit, translate, display or otherwise exploit 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 Site.
MaxPay reserves all rights not expressly granted in and to the Site.

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 MaxPay Site 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 to the server where the Site is stored or any other server, database or computer connected to the Site. You must not implement any attacks on the Site 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 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 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 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 Site or its contents. You may not reproduce, store, share, distribute or use any of the information, content and material contained on the Site, 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 Holdings Limited 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 Holdings Limited 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 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.

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. By choosing these, you will leave our Site and receive/use products and services from third parties or will be transferred to online merchants or other third party sites, not all of whom are under our control, are not monitored nor reviewed by us.
We include links to third party websites, products or services for your convenience only and such inclusion does not mean affiliation, endorsement or adoption by us. If we share information with third parties, we shall do this in full compliance with our Privacy Policy. 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 Site and contents available to you are provided on an “as is” and “as available” basis with no warranties whatsoever. We and our affiliates, partners, licensors, suppliers and the respective directors, employees, agents and shareholders (jointly: the “MaxPay parties”) do not assume any liability whatsoever and disclaim any responsibility for any consequences resulting from your access or use of the Site and contents.
You understand and agree that your access and use of the 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.
The MaxPay parties 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 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 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 ($100). 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 of 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).

GOVERNING LAW AND DISPUTES

The Site 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

ENTIRE AGREEMENT. These Terms of Use and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only by written form that has been signed by us.
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.
LANGUAGE. Where we provide you with a translation of English language version of the Terms of Use, Privacy Policy or any other document, you agree that the translation is provided for your convenience only, does not attempt to modify the English version and that the English language version prevails.
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.
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.

Should you have any questions or concerns, please feel free to contact us.
Terms of Use last modified on January 23, 2015