QisstPay Account Terms
Effective Date: 03.24.2020
Welcome to the QISSTPAY, INC. (hereinafter “QISSTPAY,” “we” “us” or “our”) website at https://qisstpay.com/us/1click and the QisstPay app (including all content under the “QISSTPAY” name, and referred to herein as the “Website”).
We provide the Accounts (as defined below) on the Website to enable you to make purchases from Merchants (as defined below) and the associated services, data, information, tools, software, application, updates and materials (altogether, the “Services”), subject to your agreement to and compliance with the terms and conditions set forth in this document (the “Agreement”). Please carefully read this Agreement, that governs your access to and use of the Website and Services, including use of any Account that you create. If you do not agree or consent to this Agreement, please do not use the Services. If you are accepting this Agreement on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent and warrant that you have full legal authority to bind such entity to this Agreement.
The Website and Services enable customers to more easily shop at multiple online stores by storing an electronic token representing their payment information, and also storing personal information needed for the checkout process as well as shipping preferences. Sellers of goods and services (“Merchants”) choose the payment processors used for their own stores.
If you have an account to log into QisstPay services on behalf of a Merchant that you represent, this Agreement does not apply to you. Instead, you must comply with the terms of any agreement that we enter into with the Merchant that you represent, as well as our Website and Mobile App Terms & Conditions of Use.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
- Privacy and Cookies Policy
- IMPORTANT NOTICES
- QisstPay is a Delaware corporation incorporated in the United States. Our address is at 2201 Spinks Road, Suite 271, Flower Mound, Texas, 75022. To contact us, please email support@QISSTPAY.com or write to QisstPay at 2201 Spinks Road, Suite 271, Flower Mound, Texas, 75022 Attn: Head of Data Security.
- As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website, and to access and receive the Services thereon that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.
- You agree that (i) except in your normal use of the Website, you will not copy or distribute any part of the Website or Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Services other than as is necessary to use the Website or Services for their intended purposes; and (iii) you will otherwise comply with this Agreement.
- You may create an “Account” on our Website to access and use the Services. In order to create an Account you must:
- ensure that your registration details, including your name and email address, are true and accurate at all times and you will update your registration details from time to time when they change. If we become aware that any information you have provided to us is incorrect, we reserve the right to immediately terminate this Agreement, your Account and you shall no longer be able to access your Account;
- set a username and password. We reserve the right to require you to change your username. You should not attempt to impersonate any person through your choice of username. For your own security, all passwords must meet our security requirements, as notified to you or as displayed on our Website, from time to time.
- You will only become an Account holder when we email you to confirm that you may now access and use your Account. If we are unable to accept you as an Account holder, we will inform you of this by email.
- Your Account. Each Account may only be used by a single person. Your Account is personal to you and you must not transfer it to others. Any information you provide to us about yourself at any time (including on registration) must be true, accurate, up to date and complete. You must not create Accounts for the purpose of abusing the functionality of the Website, or Services, or on behalf of any other person. You must not attempt to pass yourself off as another person or account holder. You must not use a false e-mail address, impersonate any person or business or otherwise mislead us, including as to the origin of a piece of content you submit.
- Changes to Account functionality. As you may use an Account at no monetary cost and may delete your Account at any time, you agree and understand that we:
- may, from time to time, decide to change, update or discontinue certain Services and Account features offered by having an Account. This includes making technical improvements;
- have no obligation to store or maintain your content, or other information you provide, except to the extent required by applicable law.
- You agree that you will not violate any applicable law or regulation in connection with your use of the Website or Services.
- If, as part of your use of the Website or Services, you distribute, upload, make available or otherwise publish suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages, tags or similar materials (“Submissions”), you must ensure that all Submissions comply with our Website and Mobile App Terms & Conditions of Use , when using the Website or Services, expressly including “Uploading content to our Site or App”, “No text or data mining, or web scraping”, “Prohibited Uses” and “Content Standards ”, “We are not responsible for viruses and you must not introduce them”.
- You further agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Services;
- interfere with or disrupt the operation of the Website or Services, including restricting or inhibiting any other person from using the Website or Services by means of hacking or defacing;
- attempt to probe, scan or test the vulnerability of the Website or Services or to breach our security or authentication measures;
- register for more than one user Account; or,
- impersonate any other person or business.
- Notwithstanding the foregoing rules of conduct, our right to terminate your access to the Website or Services shall not be limited to violations of this Restrictions section.
- We reserve the right to, for any reason, remove any Submission at any time from the Website.
- Some parts or all of the Website or Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Services if:
- doing so would violate any applicable law or regulation, including but not limited to U.S. export controls or restrictions; or
- you have been prohibited or suspended from using our services, for any reason including under applicable law or by QisstPay.
- You must be over the age of 18 to register an Account on the Website or use the Services. By registering an Account or using the Services, you represent that you meet this minimum age requirement. More specifically, the Website and the Services are not intended for use by children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider for more information.
- You may be required to register your personal and/or financial information with us in order to use certain areas of the Website or the Services, for example, to create an Account, access/provide Submissions or to initiate Transactions. In doing so, you agree that you will provide accurate and complete information. We may refuse to process your information or requested Transactions if we believe that you may be: i) impersonating another person; ii) violating the intellectual property or other rights of any entity; iii) posting Submissions that are offensive; iv) breaching this Agreement; or v) providing any information that we may otherwise reject for any or no reason in our sole discretion.
- When you enter into a Transaction with a Merchant, we are not party to the agreement between you and the Merchant. You are responsible for all charges for goods and services you order from Merchants, and the Merchants are responsible for customer service, including refunds and exchanges. You must comply with any agreement you make with a Merchant related to a Transaction. We make no warranties or representations whatsoever about services or merchandise you may purchase through use of the Website or Services. If you have any issue with a charge processed through our Services, you must contact the Merchant directly. Please consult the Merchant's policies regarding refunds and exchanges.
- If you are registered with an Account on the Website, you agree to keep your user name and password and/or any other Credentials needed to login to the Website or Services (or otherwise use them) confidential and secure. You are responsible for controlling the access to and use of your Account. You understand and agree that we assume that instructions we receive from your Account are authoritative, and that we should act upon such instructions. We are not responsible for any unauthorized access to your Account or profile or the ramifications of such access, and we are not required to take action to disable any Account.To the extent permitted under applicable law, you agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your Account Credentials.
- Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your Account, we may take reasonable actions to disable or lock your Account, or otherwise address your situation.
- You are under no obligation to submit anything to us, and we will not claim ownership of your Submissions. In order for us to provide the Services to you or for promotion of our Services, however, we require your permission to process, display, reproduce and otherwise use Submissions you make available to us. Therefore, if you choose to submit any Submissions (including your name, likeness and other personal information) to the Website or Services, or otherwise make any Submissions available through the Services, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions, including without limitation distributing part or all of the Submissions in any media format through any media channels.
- You acknowledge that we are under no obligation to maintain any Submissions that you submit, post or make available to or on the Website or Services. We reserve the right to withhold, remove and or discard any such materials at any time (including removing any Submissions that are available on the Website).
- You acknowledge that i) the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to such software (the “Software”), ii) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and iii) all documentation therefor, are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein.
- To the extent that you gain access to or receive any copies of the Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Services, or at our request.
- Before entering into this Agreement, we advise that you review and save a copy of this Agreement for your records .
- The “Term” of this Agreement will commence when we email you to confirm that you may now access and use your Account or the Services. The Term will continue until the Agreement is terminated as provided herein. We may suspend or terminate your Account, if:
- you have provided false or misleading information;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services to you; or
- you have failed to comply with any terms of this Agreement.
We may also terminate the Agreement at any time, if we withdraw our Website or Services or cease to offer the ability to use an Account, in which case we may write to you to let you know that we will stop providing an Account to you.
- Without limiting the foregoing or assuming any additional legal obligations, we reserve the right to terminate violators of the U.S. Copyright Act, in accordance with applicable law. All rights that you grant to us herein related to Submissions shall survive any termination of this Agreement. Further, your representations, warranties and indemnification obligations herein shall survive any termination of this Agreement.
- You may terminate this Agreement at any time (including if we have told you about an upcoming change to the functionality of your Account or this Agreement which you do not agree to) by ceasing use of the Website or Services, and by closing your Account.
- Once this Agreement is terminated, you will no longer have access to your Account. We may also delete the content you have uploaded, posted or created. Please note however that if you wish for us to delete your Account, it may still exist for a while in our logs and backups.
- We do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services, or their features at all times. We reserve the right at any time to modify or discontinue (temporarily or permanently) the Services, or any part thereof, with or without notice.
- The Services may be used to perform data analysis and other analytics, however, we do not guarantee the results of any such use.
- Certain data displayed by the Services rely on the receipt of underlying data from third party sources, including Merchants. Such data sources may not be real-time or accurate, and there may be delays or inaccuracies in such displayed data.
- The Website or Services may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
- Although we have the right to remove information from or on the Website or Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.
- We make no warranties or representations whatsoever about services or merchandise you may purchase through use of the Website or Services. You must lodge any complaints about such purchases with the merchant who sold the services or goods to you.
- Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in the Website, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
- BY USING THE WEBSITE AND/OR SERVICES YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND SERVICES “AS IS” AND, TO THE DEGREE PERMITTED UNDER APPLICABLE LAWS, WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
- USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of the greater of the Fees you have paid to us during the most recent twelve (12) month period or $100.00, or (2) any indirect, incidental, punitive, special, exemplary or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
- SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED. ALL SUCH DISCLAIMERS OR LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LOCAL LAW. FURTHER INFORMATION FOR CERTAIN JURISDICTIONS IS SET OUT BELOW.
- Disclaimers and Limitation of Liability if you are a consumer based in the United Kingdom:
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during a sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the degree permitted under applicable law, you agree to defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website or Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; (iv) any claim that any of your Submissions caused damage to a third party; (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services; or (vi) your purchase, delivery, and/or any use of any goods or services you received from any third party, including without limitation, any Merchant. This defence and indemnification obligation will survive any termination or expiration of this Agreement or your use of the Website and/or Services.
- You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT.
- There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address specified in the Notice section, below.
- Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
- You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.
- Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
- Any dispute or alleged claim you may have with respect to your access or use of the Website or Services must be commenced within one (1) year after the occurrence of the events leading to the dispute or alleged claim.
- The laws of the State of Delaware shall govern this Agreement. Any arbitration shall be held in Dallas, Texas (the “Dispute Resolution Location”), and will be conducted in the English language. To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website, Services or us, may only be brought by you in a state or federal court located in Wilmington, Delaware, USA. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.
- You may also be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
Nothing in the foregoing shall exclude or restrict rights you have under local law that cannot be excluded or restricted. You may be entitled under law to bring claims against QisstPay in the courts and pursuant to the governing law of your country of residence. If you reside within the European Union:
- Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
- Revisions. We may amend this Agreement from time to time. We shall amend this Agreement by posting a revised Agreement on the Website and notifying you of the revised Agreement by email or through your Account. In the event that we update this Agreement we will notify you in advance and you may then terminate this Agreement if you disagree. Your continued use of the Website or Services after the date when the Agreement is amended shall constitute an agreement to the updated terms.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website or Services.
- Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent. Any unauthorized assignment shall be null and void.
- No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website or Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
- Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: QISSTPAY, INC. 2201 Spinks Rd, Suite 271, Flower Mound, TX, 75022 Attn: Head of Data Security. Email: firstname.lastname@example.org
- Survival. Any provision of this Agreement that may reasonably be interpreted as being intended by the parties to survive termination or expiration of the Agreement, shall survive any such termination or expiration.
- No rights for third parties. This Agreement does not give rise to any rights of third parties or third-party beneficiaries, including to enforce any provision of this Agreement, and QisstPay has no obligation to any third party by virtue of this Agreement.
Copyright © QISSTPAY, INC. All rights reserved. The Website is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colours, and designs.