Terms of Service

Clickpayments

Terms of Service and End User License Agreement (EULA)

Last updated 30 April 2020

Please read carefully the terms and conditions of this end user license agreement (EULA) before using the software application provided by Offshorly Ltd (trading as Clickpayments). This is a legal agreement between Clickpayments and you.

Clickpayments integrates the services provided by Stripe Payments (Stripe) into an App to facilitate you accepting your customer’s payments (Platform Services). Clickpayments and Stripe are independent entities, and nothing in this EULA does or attempts to represent any partnership, agency, or employment relationship between Clickpayments and Stripe.

To provide you the Platform Services, you agree to input into the App your customer’s credit, debit, transaction or any other card payment details (Card Details) by manual or other means, including but not limited to ‘near-field-communication’ technology. You agree that Card Details are processed by Stripe as a Card Not Present (CNP) transaction and acknowledge that you may be wholly responsible for any fraudulent misuse of Card Details by your customers. The Card Details and Data are securely encrypted and transmitted to Stripe by Clickpayments in accordance with a Connect Platform Agreement (https://stripe.com/connect/legal) between Clickpayments and Stripe and Clickpayments’ Privacy Policy.

In order for Clickpayments to provide you with the Platform Services, you agree to create a standalone, or utilise your existing, Connected Account with Stripe, consistent with Standard Onboarding as that term is used in the Connect Platform Agreement. You must agree to the Stripe Connected Account Agreement prior to using your Connected Account with Stripe and the App with Clickpayments. In creating a Connected Account, it is your responsibility to provide sufficient data to enable Stripe to validate your account. Clickpayments will not prepopulate any data on your behalf. Clickpayments will only engage in Activity on your Connected Account to the extent that it is doing so as an agent on behalf of the Connected Account (as a merchant payee) for the limited purpose of processing or acceptance of payments using the Stripe Service.

You have read and agree that the terms of this EULA and the documents listed below, which are incorporated herein by reference (Terms), govern your access to and use of the App: Clickpayments Privacy Policy; Stripe’s Merchant Services Agreement (https://stripe.com/legal#section_a); Stripe’s Connect Account Agreement (https://stripe.com/connect-account/legal) Stripe’s Connect Platform Agreement https://stripe.com/connect/legal; Stripe’s Privacy Policy (https://stripe.com/privacy) and any other document that may be referred to within all those documents listed above.

By using the App you acknowledge and agree, in addition to the above, that:

  • your use of the App in conjunction with the Stripe Service is solely at your own risk
  • you consent to the collection, use, sharing and transfer of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in the Clickpayments Privacy Policy;
  • you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees; and
  • as set forth in this EULA, the App is provided “as is”.

IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT USE THE APP.

MODIFICATION OF THE EULA. Clickpayments reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Clickpayments materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the App or the Service for the first time after such material changes are made. By continuing to use the App after Clickpayments has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of the App. This Agreement will also govern any software upgrades and/or updates provided by Clickpayments that upgrade and/or supplement the App, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

LIMITED LICENSE. Conditioned upon your compliance with the terms and conditions of this EULA, Clickpayments hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license use the App solely for your personal use on a device (whether mobile device or other) owned or controlled by you. Clickpayments reserves all rights in the App not expressly granted to you in this EULA.

USE RESTRICTIONS. You may not use the App in any manner that could: (i) damage, disable, overburden, or impair the App (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the App (or any server or networks connected to the App).

You agree and permit Clickpayments to take all reasonable steps to ensure that you do not use Stripe Service in violation of the Stripe Services Agreement or for any activity that is expressly prohibited, including those activities listed at Prohibited Businesses List (https://stripe.com/prohibited_businesses).

RESERVATION OF RIGHTS. The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the App (the “Clickpayments Materials”), are protected by copyright laws of various jurisdictions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Clickpayments Materials, including intellectual property rights therein and thereto, are the property of Clickpayments or its subsidiaries or affiliated companies and/or third-party licensors. Clickpayments reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the Clickpayments Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.

TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the App.

Clickpayments may terminate support of the App and/or this EULA, or limit or terminate your access to the App at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLICKPAYMENTS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. CLICKPAYMENTS EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE.

LIABILITY WAIVER. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CLICKPAYMENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF CLICKPAYMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLICKPAYMENTS’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE DOLLARS ($5).

INDEMNIFICATION. To the maximum extent permitted by law, you agree to defend, indemnify and hold Clickpayments and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable legal fees) arising from or incurred as a result of your use of the App or any breach by you of this EULA.

MISCELLANEOUS. (a) This EULA and all the policies referenced herein constitute the entire agreement between Clickpayments and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Clickpayments. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the United Kingdom regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods; (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. (f) You may not assign your rights under this EULA to any party without Clickpayments’s consent.

Clickpayments for Stripe is an unofficial app made by Offshorly Ltd| Copyright © 2020