- Zotapay’s Services are subject to registration and opening of an Account with Zotapay, as further described below, and may also be subject to executing additional documents by and between Us and Your Authorized representative, and by and between any relevant financial institution and/or authority and Your Authorized representative, as will be executed from time to time.
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 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.
“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 as shall be provided to You.
“Anti-Money Laundering or AML” shall mean the set of procedures, laws, and regulations designed to stop the practice of generating income through Illegal Actions. Though anti-money-laundering laws cover a relatively limited number of transactions and criminal behaviors, their implications are far-reaching. This includes, among others, domestic legal regulations, legally binding FCA, MAS, FATF, OPAC, etc. rules, guidelines, recommendations of international organizations, and established practices.
“Authorized representative” means the entity which purchased Services from Us under that specific Merchant Services Agreement via it’s Authorized representative, to be executed between You and US.
“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) attempt to conduct Money Laundering, Terror Financing, Proliferation Financing, or bribery using the Account or Services.
“Merchant Services Agreement” means the contract between Us and Your Authorized representative for the provision of the Services.
“Restricted Territories” shall mean jurisdictions blocked by Zotapay at its sole discretion, from time to time.
“Website” shall mean http://Zotapay.com and/or any website owned, operated, or hosted by Zotapay, and any software or content that is used to access such website to use the Services.
- In order to establish the Account, You must provide certain information, as shall be determined by Zotapay from time to time, which shall include the account name, password in addition to general information about You. Zotapay shall be entitled to determine, minimum thresholds to be maintained on an Account and other restrictions. Each Account shall be assigned the internal serial number.
- User Eligibility
- Without derogating from the above provision, We shall not be responsible for verifying and/or checking whether You possess such 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, Our Services are not available where they are illegal to use, and We reserve the right to refuse and/or cancel Services to anyone at Our own discretion.
- The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction 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 and Your Authorized representative shall be solely responsible for determining whether Your use of the Services is legal in the place where You live 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. You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Services.
- The availability of the Services shall not be deemed or interpreted as an invitation by Us to use the 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
- You shall be fully and solely responsible for reserving in confidentiality Your Account and not to transfer Your Account details to another. The full responsibility for the unauthorized use of Your Account lies solely with You, and You will bear, alone, all responsibility derived from an unauthorized use of Your Account. If You misplace, forget, or lose Your Account details, Zotapay shall not be liable for any direct or indirect loss associated with such occurrence.
- You further represent, warrant, acknowledge and undertake, towards Zotapay, that (i) You will not use Your Account and will not allow any third party to use Your Account for any Illegal Actions; (ii) in case You will perform any Illegal Action Zotapay 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 (iv) You have not had an Account in the past which was terminated or suspended by Zotapay.
- You may not damage, disable, overburden or impair 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 intellectual property rights of any person or otherwise violates the law; (ii) use any automated means to access or use the Website and/or Services or copy or scrape data from the Website and/or Services; (iii) bypass any measure Zotapay may use to prevent or restrict access to the Website or any of the Services; (iv) fraudulently manipulate the Website and/or Services in any way. For avoidance of doubt, You shall be responsible and bound by any unauthorized use of the Website and/or Services, made in breach of this section.
- Powers and Authorities of Zotapay
- Zotapay shall make reasonable efforts to prevent malfunctioning on the Website and/or Services activity. However, in any event of a technical failure (or any other error) on the Website and/or Services systems for any reason whatsoever, Zotapay will be entitled to cancel Your participation in any of the Services, concerning which the malfunctioning that resulted or caused the error or malfunction in question has occurred. Zotapay 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 of Zotapay etc., which You encounter in connection with the Website or the Services.
- Zotapay reserves the right to cancel, terminate, modify, or suspend the Services if, for any reason, 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 Zotapay; Zotapay is entitled to take any action it, at its sole discretion, decides to take in order to counter any such circumstances. Zotapay, therefore, reserves the right to cancel, terminate, modify, or suspend the Services if for any reason.
- Zotapay reserves the right to limit, refuse, or cancel any act by You or through Your Account (regardless of whether such cancellation was due to actions on Your part or of any third party), where Zotapay believes that any act of fraud (and fraudulent behavior) or any other act of bad faith has been taken against Zotapay or any third party.
- Zotapay 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. Zotapay shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Zotapay in such regard.
- Zotapay reserves the right, but is under no duty and/or obligation, to monitor any content uploaded to the Website by You and/or any third party. Zotapay, at its sole discretion, may remove any such content at its sole discretion.
- Immediate, temporary, or permanent withdrawal of your right to use our site.
- Issue a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- Subject to any losses which cannot be excluded by applicable law, we are not liable to You for any losses You suffer from Your use of the Website or Services. Our responsibilities and liability to You Authorized representative shall be as set out in the Merchant Services Agreement only.
- Reservations Concerning the Responsibility of Zotapay
- Zotapay 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. Zotapay 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. Zotapay 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.
- Under no circumstance shall Zotapay 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 Zotapay has been informed of the possibility of such damages.
- 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 Zotapay in any way. You acknowledge that Zotapay 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 Zotapay will not bear any liability with regard to any of Your actions.
- 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.
- 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.
- Zotapay 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.
- Use of the Website and Services is done at Your own risk, and under no circumstance shall Zotapay 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. Zotapay 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.
- 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 ZOTAPAY 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
- You may not use any data and/or content and/or any part whatsoever of the Website and/or Services in order to build a product or service or anything in that matter which might compete with and/or competes with the Website and/or the Services, 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 Zotapay. In this respect, You recognize and acknowledge that this shall constitute as a breach of agreement and shall entitle Zotapay to terminate this agreement effective immediately without any prior warning.
- Customer Support
- You may contact Us in connection with anything related to the Website and/or the Services at any time via Our customer support or via Email at[email protected].
- Any communication with Our customer support will be handled with the utmost care and without any delay. For such purpose, We will contact You via the contact details provided to Us, and You hereby provide Your consent for such contact.
- Zotapay may transfer or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
- We may provide You with notices with respect to or in connection with this Agreement in an Email and/or through the Website and/or Services.
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 Zotapay; (ii) create or confer any rights or benefits to any third party; and/or (iii) grant You any security interest in any asset of Zotapay.
- 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.