Terms of service
Terms of ServiceAcquiring Platform Canada LTD, a company having its principal place of business at 422 RICHARDS ST, SUITE 170, VANCOUVER, BC, V6B 2Z4, CANADA (“MilkyPay”) provides this web site (the “Site”) subject to your compliance with the terms and conditions below (the “Agreement” or “Terms and Conditions”).
1. Rules
You will not:
1. Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
2. Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or
3. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
2. Site Operation
MilkyPay shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.
3. Monitoring
MilkyPay has no obligation to monitor the Site. However, you agree that MilkyPay has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users in accordance with MilkyPay Privacy Policy. MilkyPay will not intentionally monitor or disclose any private electronic-mail message unless required by law. MilkyPay reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
4. Submissions
All information submitted to MilkyPay through the Site shall become the property of MilkyPay and MilkyPay shall be free to use, for any purpose, idea, concept, know-how or technique contained in the formation that you may submit to MilkyPay through the Site. MilkyPay shall not be under an obligation of confidentiality in respect of such information except and to the extent that MilkyPay enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by MilkyPay or as may be required by applicable law. This provision shall not serve to limit the responsibilities of MilkyPay in respect of customers with whom or for whom it has established a customer relationship by, for example, referring such a customer to a payment processor or acquiring bank.
5. PrivacyIn so far as you enter into a customer agreement, other than this Agreement, with MilkyPay or one of its sponsoring banks, processors or suppliers, then information submitted by you in the course of such relationship shall be governed by the MilkyPay Privacy Policy posted on this Site.
6. Limitation of Liability
THE COMPANY, INCLUDING ITS AFFILIATES, RELATED COMPANIES, SPONSORING BANKS, PROCESSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION: IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN $100.
7. Recourse
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of MilkyPay in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
8. Indemnity
You agree to defend, indemnify and hold MilkyPay and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.
9. Intellectual Property
All elements of the Site (the “Elements”) such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of MilkyPay and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of MilkyPay or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on the Site are trademarks which were registered or not by MilkyPay or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on the Site without the prior written approval of the owner of such trademark.
10. Third Party Links
Third parties may provide links to other internet websites or resources on this Site. MilkyPay neither controls nor endorses such ‘linked sites’ nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that MilkyPay is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that MilkyPay, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.
11. Amendments
MilkyPay reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.
12. Miscellaneous
This Agreement, including any and all documents referenced herein, constitutes the entire agreement between MilkyPay and you pertaining to the subject matter hereof. In the event that you are solicited by MilkyPay for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. MilkyPay's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the Province of British Columbia and the federal laws applicable therein.
Contacting MilkyPay
If you have any questions concerning this Agreement, please contact MilkyPay through sales@milkypay.org or other contact information set out on the Site.
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