Terms & Conditions
Vers. 1.0, 19.10.2021.
UniversePay is the trade name of the groups of companies, which provide their services in the Fintech market as a Payment Facilitator or IPSP/TPP depending on the type of services the client is interested in.
The group of the companies, representing trade name UniversePay (“we”, “us” or “our”) include:
Finnera Payments Ltd., the company incorporated and acting according to the federal laws of Canada and local regulations of British Colombia, CA, having its registered office in 1090 Homer St., Suite 300, Vancouver, BC V6B 2W9, Canada (hereinafter referred to as – Finnera);
Finpay PTE Ltd, the company incorporated and acting according to the laws of Singapore, having its registered office in 400 Orchard Road #05-25, Orchard Towers, Singapore, 238875 (hereinafter referred to as – Finpay);
Depending of the range of the services and the selected jurisdiction of the activity, the client is granted with the possibility to select the model of cooperation with UniversePay as graphically laid down here.
If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally.
You will use the Website only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us by contacting us at firstname.lastname@example.org and provide us with assistance, as requested, to stop or remedy such violation.
Accessing and/or using our website
These Terms refer to the following additional conditions and regulations as they also apply to your use of our Website:
Changes to these Terms
Allowed use of the Website and contents
You hereby expressly acknowledge and agree that we are the owner or the licensee of all intellectual property rights on our website, whereas all such materials are copyright protected. The Website and all its contents and any functionalities are provided to you “as available” and “as is” only for your information and personal use. Subject to your acceptance of and compliance with these Terms, we grant you a personal, revocable, non-exclusive, right to use the contents of our Website. You are allowed to use it for non-commercial purposes without assigning any rights provided thereof. You agree that you will not use, copy, distribute, transmit, display, modify, adapt or otherwise exploit our Website or its contents for any other purpose whatsoever, unless with our prior written consent. You further agree that you will not use any drawings, illustrations, design solutions, photographs, video or any other illustrative sequences or any graphics separately from any accompanying text.
Information on the Website
You hereby acknowledge and agree that the content on our Website is provided for information purposes only. We do not guarantee that the Website, or its content is free from errors or omissions, and although we make reasonable efforts to update the content regularly, we make no express or implied warranties, guarantees or representations, that the latter is precise, accurate and up to date. You should not rely on such information in legal- or business decision-making processes.
Links to websites of third parties
If the Website contains links to websites or resources provided by the third parties, you acknowledge that your access to or use of these websites and resources is entirely at your own discretion and these links are provided for your information only and do not represent an endorsement of these websites or resources by us. These websites you are accessing and using at your own risk and that you will be solely responsible for any loss or damage that may result from such actions.
We do not guarantee that our website will be secure or free from bugs and viruses. You are responsible for configuring your computer programs, applications, IT platform and other sources and means of technology, if you wish to access our Website. You should use your own licensed virus protection software. You must not misuse the Website intentionally introducing viruses, worms, trojans, logic bombs or other technical solutions which are malicious or technologically harmful or could be used for the creating any harm or damages for the host. You must not attempt to gain unauthorized access to the Website, the servers on which this website is stored or any server, computer or database connected to this website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
The Website and all the contents are made available to you on an “as is” and “as available”. We and our affiliates, partners, agents, licensors, suppliers and the respective employees, directors and shareholders (hereinafter referred to as the “UniversPay side”) do not assume any liability and disclaim any responsibility for any consequences resulting from your access or use of the Website and its contents. The UniversePay side specifically and explicitly disclaims to the maximum extent permitted by law any and all representations, guarantees and warranties, whether express or implied, with respect to this Website and its contents, including, without limitation, warranties to the accuracy, performance, merchantability, fitness for a particular purpose and non-infringement. The UniversePay side also disclaims any warranties and liability regarding the accuracy, completeness, security, timeliness and performance of this Website and its contents. Please take into consideration that some countries and applicable jurisdictions do now allow the exclusion or disclaimer of certain terms or warranties arising out of the agreement you have entered into with us, so the above exclusions in whole or in part may not apply fully to you. In such event, these exclusions shall apply to you to the extent permitted by applicable law. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.
Limitation of liability
Nothing in these Terms shall attempt to exclude or limit our liability to an extent that is not permissible under the applicable law, including, without limitation, for death or personal injury arising from negligence or our fraudulent misrepresentation. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any contents on it, whether express or implied. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of or inability to use our website, or;
- Use of or reliance on any content displayed on our website. Please note that in particular, we will not be liable to you for loss of any profit, sales or revenue; loss of business opportunity, goodwill or reputation; business interruption or any indirect or consequential loss or damage.
We assume no liability for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment or software, data or other proprietary material due to your use of the Website or to your downloading of any content on it or on any website linked to it. Some countries and jurisdictions do not allow limitations of liability of certain types of damages. In the event that certain limitations are unenforceable in your country or jurisdiction, the aggregate liability of the UniversePay side shall under no circumstances whatsoever exceed USD 100.00 or the equivalent in the local currency of the applicable jurisdiction.
You acknowledge and accept that use of the Website is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, we are not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Website arising for any reason, including, but not limited to security related vulnerability or technical or operational failure of any nature.
Our trade marks (whether registered or unregistered), trade names and any service marks (“Trade Marks”) appearing on the Website are our exclusive property and may not be used by you in any manner without our prior written consent. All other trademarks or trade names not owned by us (or any companies within our group of companies), that appear on this Website are the property of their respective owners, who may or may not be affiliated with, or connected to, us (or any companies within our group of companies) and are also subject to similar restrictions on use.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organization to content posted on the Website. You must not copy, download, upload, modify reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the materials (whether in tangible of printed or electronic form) from, or embodied in, the Website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
You also agree that you will not obscure, remove or alter any copyright, trademark or other proprietary rights notices placed on or contained within the Website or its contents. You are permitted to download or print out a copy or extracts of any page(s) from the Website for your personal use only and you may draw the attention of others to the contents of our Website. If you decide to do so, you are fully liable for the informing of the said persons of the conditions of these Terms. Any misuse of the Website and its contents contradictory to these Terms applicable law is strictly prohibited and represents a violation of our rights. Such misuse may therefore lead to termination of your right to access or use this Website and its contents, as well to legal action.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employment, agency or franchising relationship between you and us. If any provisions of these Terms appeared to be unlawful, void or for any reason unenforceable in the certain jurisdictions, that provisions will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our prior written consent. We may choose to assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and us relating to the subject matter hereof and supersedes any and all prior or written or oral agreements, correspondence or understandings between you and us relating to such subject matter. Notices to you may be made via e-mail, or by regular mail, in our discretion. The Website may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfil any obligations due to causes beyond our control.
All provisions of these Terms are distinct and severable. If any provision of these Terms is or becomes invalid or unenforceable, the provision will be treated as if it was not in the agreement and the remaining provisions will still be valid and enforceable.
These Terms are effective until terminated. We may terminate your access to or use of the Website at any time and for whatever reason, including if we consider that you have violated or acted inconsistently with the letter or spirit of these Terms, in our sole discretion. Upon any such termination, your right to use the Website will immediately be ceased. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and will prevent any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Governing law and dispute resolution
When you visit the Website or send e-mail(-s) to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you have any questions regarding the meaning of application of these Terms, please direct such questions to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.