The terms and conditions contained hereinafter (“Terms of Use“) shall apply to the use of the website www.Paypeaks.com and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Paypeaks Limited (“Paypeaks” or “we” or “our” or “us“) (collectively, “Website“).

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website (“Services“)) (hereinafter referred to as a “User“, “seller“, “you” or “Client“) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Paypeaks. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Paypeaks for other services.

Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:

• Clicking to accept or agree to the Terms of Use, where this option is made available to you by Paypeaks in the User interface for any particular Service; or
• Accessing, testing or actually using the Services. In this case, you understand and agree that Paypeaks will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by Paypeaks will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User.

By using our Services you agree that Paypeaks disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. Paypeaks reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Paypeaks.

Eligibility

Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms of Use.

The User shall also be responsible for use of User’s account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

Indemnity

The User shall indemnify and hold Paypeaks, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Paypeaks in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:

• Fraud, negligence and willful misconduct by the User in the use of the Services;
• Breach of the User’s confidentiality obligations under these Terms of Use;
• Disputes raised by a User’s customer in relation to a transaction where such dispute is not attributable to the Services;
• Penalties, fines, charges, or any other actions as a result of breach or violation of any the User’s representations and warranties; and
• Fines, penalties and charges imposed by the Acquiring Bank, Card Payment Networks or any Governmental Authority on account of transactions on the User’s website or platform that are in violation of applicable law.

Force Majeure

Paypeaks shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).

Force Majeure Event means any event, whatever be the origin, not within the reasonable control of Paypeaks, which Paypeaks is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders Paypeaks from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.

Any payment obligations of Paypeaks, in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of Paypeaks.

Confidentiality

The User shall keep Confidential Information in confidence. The User shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without Paypeaks’ prior written consent, divulge any of the Confidential Information to any third party other than the User’s officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The User shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The User further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests of Paypeaks.

The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User’s website or any other computer system that is being used to effect Transactions by the usage of Services, do not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.

Subscriber Relationship with Paypeaks

Paypeaks provides the Service to users (“Subscriber”) to facilitate receipt by Subscriberof payments for goods or services or donations by card and bank transfer. These transactions are between Subscriberand persons who pay them (“Purchasers”).

Subscriber must register for Paypeaks directly or through the Platform. To register, a Subscriber provides information, including email address and a self-selected password, in order to create an account (“Account”). You may also be issued access keys that may be used to authorize certain transactions. You are responsible for maintaining the secrecy and security of your Account access credentials and for any use of or action taken under them.

Paypeaks or the Platform asks Subscriberfor additional information to identify each person that opens an Account, such as street address, telephone number, tax identification number (such as Social Security Number), date of birth and beneficial ownership information (where applicable). You agree to provide supplemental documentation upon request (including but not limited to: articles of incorporation, passports, driver’s license or a business license). You agree that the identity information provided is complete and accurate to the best of your knowledge and authorize the Platform and Paypeaks, directly or through third parties, to make inquiries or verify that this information is accurate (for example, through social media or third party databases). You specifically authorize Paypeaksto obtain your business credit reports from time to time and use them in connection with establishing and maintaining your Account. You agree to promptly notify Paypeaks, as applicable, if there are any significant changes to the nature of your business (including changes to any trade name(s)), product lines or services or in the event any person or entity acquires any beneficial ownership interest in you which is twenty-five percent (25%) or more.

Prohibited Activities

By registering as a Subscriber, you also confirm that you will not accept payments or use the Service in connection with the activities, items or services set forth below:

• Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
• Collecting, or attempting to collect, personal information about users or third parties without their consent, or using such information except as necessary to use the Service;
• Defaming, harassing, abusing, threatening, or defrauding others;
• Posting, transmitting, or distributing content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, inflammatory, or that violates the rights of others (including rights of publicity or privacy);
• Damaging, disabling, overburdening, or impairing Paypeaks, including without limitation, using the Service in an automated manner;
• Interfering with another user’s enjoyment of the Service, by any means, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
• Creating an Account that is linked to another Account that has engaged in any of the foregoing activities. Paypeaks may use evidence other than your Account information to determine whether you control an Account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.

If Paypeaks determines that you have received funds resulting from fraud or a prohibited activity, those funds may be frozen, returned to the Purchaser, or seized.

In addition, if we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, your access to the Service, and any of your transactions with law enforcement.

I hereby confirm that I have read these Terms of Use and accept them.