Acquiring Platform FOTIFY PAY INC, a company having its principal place of business at 329 HOWE ST PMB 2118 VANCOUVER, BC, CANADA V6C3N2 ("Fotify Pay") is providing this website (the "Site") subject to your compliance with the following terms and conditions ("Terms and Conditions") the terms and conditions below ("Agreement" or "Terms and Conditions").
You will not be able to:
Fotify Pay 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.
Fotify Pay has no obligation to monitor the Site. However, you agree that Fotify Pay 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 Fotify Pay’s Privacy Policy. Fotify Pay will not intentionally monitor or disclose any private electronic mail message unless required by law. Fotify Pay 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.
All information submitted to Fotify Pay through the Site shall become the property of Fotify Pay and Fotify Pay shall be free to use, for any purpose, idea, concept, know-how or technique contained in the formation that you may submit to Fotify Pay through the Site. Fotify Pay shall not be under an obligation of confidentiality in respect of such information except and to the extent that Fotify Pay enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by Fotify Pay or as may be required by applicable law. This provision shall not serve to limit the responsibilities of Fotify Pay 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.
In so far as you enter into a customer agreement, other than this Agreement, with Fotify Pay 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 Fotify Pay Privacy Policy posted on this Site.
THE COMPANY, INCLUDING ITS AFFILIATES, RELATED COMPANIES, SPONSORING BANKS, PROCESSORS, AND OTHER SUPPLIERS, TAKES NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, THE 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.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Fotify Pay in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
You agree to defend, indemnify, and hold Fotify Pay 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.
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 Fotify Pay 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 Fotify Pay 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 that were registered or not by Fotify Pay 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.
Third parties may provide links to other internet websites or resources on this Site. Fotify Pay 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 Fotify Pay 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 Fotify Pay, 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.
Fotify Pay 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.
This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Fotify Pay and you pertaining to the subject matter hereof. In the event that you are solicited by Fotify Pay 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. Fotify Pay’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.
If you have any questions concerning this Agreement, please contact Fotify Pay through [email protected] or other contact information set out on the Site.
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