Terms of Use

Introduction

Welcome to pawaPay! This Terms of Use shall govern your use of this website, and our payment portal accessible at https://dashboard.pawapay.cloud and https://dashboard.sandbox.pawapay.cloud and any other digital portal we provide (the Site). By using this Site, you agree to accept all terms and conditions. These Terms apply in full force and effect to your use of the Site and by using the Site you expressly accept all terms and conditions contained herein in full and without limitation our qualification, including our Privacy Policy and Cookie Notice. Any use of Site is an expression of your adherence to these Terms.

Changes to Terms of Use

Payments Techco OÜ(“we” or “pawaPay”) reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, pawaPay grants you the right to enter and use the Site.

Age Restriction

You must be both: (i) at least 18 years of age, and (ii) the age of majority under the laws of your jurisdiction, in order to create a pawaPay account.

Intellectual Property

Unless otherwise stated, pawaPay and/or its licensors own the intellectual property rights and materials on the Site subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Site and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the Site are subject to the intellectual property rights of pawaPay and its affiliates and their licensors and licensees (collectively the “Content”). We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. The Content may not be copied, reverse engineered, decompiled, disassembled, modified or reposted to other websites. Nothing on the pawaPay site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of pawaPay or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

License to Use Our Site

We grant you a non-assignable, non-exclusive and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.

The services are protected by copyright, trademark in several countries. Nothing in this Terms gives you a right to use the pawaPay name or any of pawaPay’s trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of pawaPay and its licensors.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, pawaPay and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit without any obligation to you.

Warranty Disclaimer

WE PROVIDE ALL MATERIALS “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAWAPAY MAKES NO WARRANTY THAT OUR SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR SITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERROR FREE.

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR SITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.

You are responsible for configuring your information technology, computer programmes and platform in order to access our services. Please ensure you use your virus protection software or application as we cannot guarantee that our services will be free from viruses or bugs.

You must not attempt to gain unauthorized access to our services, computers or databases. You must not misuse our services by introducing trojans, viruses or other materials which are malicious or technologically harmful.

Limitation of Liability

YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE TO THE LIMITATION OF LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: pawaPay WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER PAWAPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF PAWAPAY’S SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF PAWAPAY’S SITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby indemnify pawaPay and undertake to keep pawaPay, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold pawaPay harmless from and against any claim, suit or proceedings brought against pawaPay arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the services.

Breaches of these Terms

Without prejudice to pawaPay’s other rights under these Terms, if you breach these Terms in any way, pawaPay may take such action as pawaPay deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Cookies

Like many other websites, we use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits.

Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our Site. Refer to our Cookie Policy for more on how we use cookies.

Data Protection

pawaPay recognizes the importance of protecting the privacy of those who visit and choose to use the pawaPay services. With respect to all the Personal Information belonging to, and/or processed in connection with pawaPay or this website, such Personal Information at all times are in compliance with all data protections laws in the territory, in all respect and in particular the General Data Protection Regulation and all applicable data protection regulations in force. pawaPay maintains a Privacy Policy which provides an overview of the Personal Information we collect about you or that you provide to us. By using the Site, you consent to such processing and you commit to provide accurate information.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms and conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of a subsequent breach.

Assignments

pawaPay is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreements

These Terms constitute the entire agreement between pawaPay and you in relation to your use of this Site and supersede all prior agreements and understandings.

Governing Law

These Terms will be governed by and interpreted in accordance with the laws of England and Wales. Your use of the website may also be subject to other local, state, national or international laws.

Dispute Resolution

If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting us at legal@pawapay.io and in the event it is not resolved you agree to submit to the non-exclusive jurisdiction of English courts for the resolution of any disputes.