TERMS OF SERVICE
By accessing, using or attempting to use Global Payments Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Global Payments or utilize Global Payments services.
Due diligence and KYC
The purpose of customer due diligence is to prevent the use of assets and property obtained in a criminal manner in the economic activities. Customer due diligence is aimed, first and foremost, at applying the Know-Your-Customer principle, under which a customer shall be identified and the appropriateness of transactions shall be assessed based on the customer’s principal business and prior pattern of payments. In addition, customer due diligence serves to identify unusual circumstances in the operations of a customer or circumstances whereby an employee of the Global Payments has reason to suspect money laundering or terrorist financing.
Requirement for the measures of prevention of money laundering and terrorist financing is that the Global Payments does not enter into transactions or establish relationships with anonymous or unidentified persons. Legislation requires that the Global Payments waives a transaction or the establishment of a business relationship if a person fails to provide sufficient information to identify the person or about the purpose of the transactions or if the operations of the person involve a higher risk of money laundering or terrorist financing. Also, legislation requires the Global Payments to terminate a continuing contract without the advance notification term if the person fails to submit sufficient information for application of customer due diligence measures.
Global Payments reserves the right, taking account the special requirements and restrictions provided by law, to use the services of a third party under a contract the subject of which is the continuing performance of activities and continued taking of steps required for the provision of (a) service(s) by the Global Payments to its customers and that would normally be performed and taken by the Global Payments itself. For the purposes of this section, third parties include, for instance, agents, subcontractors and other persons to whom the Global Payments transfers the activities relating to the provision of the services provided as a rule by the Global Payments in its economic activities.
If the Global Payments does not provide otherwise for a particular user or group of users, user identification maybe provided by EU GDPR compliant third-party, including online identification.
Under this agreement you, as a user, grant consent to the transfer of your personal data from to the Global Payments.
The user must take into account that, given the legal obligations of the Global Payments under the Money Laundering and Terrorist Financing Prevention laws and other relevant laws Global Payments should keep personal information of the users, and such information cannot be removed or deleted by user’s request.
User has legal obligation to inform the Global Payments is, he/she is:
a politically exposed person;
a person whose place of residence or seat is in a country where no sufficient measures for prevention of money laundering and terrorist financing have been taken;
a person with regard to whose activities there is prior suspicion that the person may be involved in money laundering or terrorist financing;
a person with regard to whom international sanctions are imposed;
Legislation requires that the Global Payments waives a transaction or the establishment of a business relationship if a person fails to provide sufficient information to identify the person or about the purpose of the transactions or if the operations of the person involve a higher risk of money laundering or terrorist financing. Also, legislation requires the Global Payments to terminate a continuing contract without the advance notification term if the person fails to submit sufficient information for application of customer due diligence measures.
Eligibility and Acceptable Use
You must be an adult to use our software and service. When accessing or using our software and services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our software and services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our software and services, or that could damage, disable, overburden or impair the functioning of our software in any manner;
Use our software and services to pay for, support or otherwise engage in any illegal gambling activities; scam activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our software or to extract data;
Use or attempt to use another user's account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our software that you are not authorized to access;
Develop any third-party applications that interact with our software without our prior written consent;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited in European Union or in country of your residence.
Discontinuance or change of software/services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our software or services.
Rights of the Website User
The Website User has a right to refer to the Website support service with questions, claims, recommendations for work improvement, or with any other information;
The Website User has a right to demand for all of his sensitive information issued to the Global Payments to be fully protected and not distributed to any third parties, except for the cases where such distribution is essential for the Global Payments (and not prohibited by law) to provide qualitative service to the current Website User;
The Website User has a right to view full, detailed and timely transaction information and other data from his Website user panel;
The Website User has a right to get a timely notifications about fraudulent or potentially harmful activities performed by third parties, and combine efforts with the Global Payments to ensure these activities are stopped.
Obligations of the Website User
The Website User must take all Terms of Service for this Website into consideration, along with all the safety rules for the Website usage established by the Global Payments, fully and unconditionally;
The Website User agrees that confidentiality of the data transmitted via the Internet isn't guaranteed in case when third parties get access to these data out of the communication facility zone subjected to the Global Payments ; therefore the Website shall not be liable for the damage, caused by such an access;
Upon registration on the Website, the Website User shall provide reliable and exact information about himself/herself and his/her contact information to the Global Payments ;
Upon registration on the Website, the Website User receives login and password for the safety of which he/she bears full responsibility. The Website User is obliged to change his/her personal account login data immediately if there are reasons to suspect that his/her login, e-mail address and password were revealed or may be used by third parties;
When using the Website, the Website User shall only enter data that corresponds to reality and the legislation. Otherwise, the Global Payments has the right to block this Website User's operations;
The Website User shall follow all the requirements of the Global Payments in order to help ensure functionality and safety of the Website;
The Website User is to ensure the absence of any malicious software on the computer: in case of any losses all the responsibility falls on the Website User;
The Website User shall not break safety rules and confidentiality of the Global Payments;
The Website User shall report about any changes of personal information;
The Website User shall not use the access to the Website to perform any illegal activity.
The Website User shall observe all the points of the Global Payments policy. Violation of the policy places responsibility for the losses of the Global Payments, suffered as a result of such actions, on the Website User.
Rights of the Global Payments
The Global Payments has a right to make changes to the Website, its components and the policy of the Global Payments independently or by means of the third parties.
The Global Payments has a right to ask the Website User to follow the rules of work of the Website, and also to meet safety requirements in terms of work with the Website.
The Global Payments has a right to take any actions focused on the execution of conditions of cooperation and necessary for safety and functionality of the Website.
The Global Payments has a right to perform repairing and scheduled maintenance of the Website at any time.
The Global Payments has a right to carry out control over the personal account of the Website User.
The Global Payments has a right to block the Website User’s account in case of violation of the Global Payments 's policy.
Obligations of the Global Payments
By agreeing to these Terms and Conditions, the Website User agrees to transfer the personal data of itself and its’ clients to the Global Payments , and the Website User is obliged to inform its customers thereof, receiving their permission. The Global Payments is a personal data processing manager. The Global Payments has the right to process personal data of Website User clients to fulfill its aim of providing their services, or within the framework of concluded contracts; to record customer accounts, to offer, provide and maintain their services; to fulfill and protect the Global Payments 's rights and legal interests in fulfilling its obligations; to fulfill the obligations specified in regulatory acts and laws. The Global Payments has the right to obtain personal data from third parties, as well as to transfer it to third parties in accordance with the procedures specified by regulatory acts and laws in order to provide its services or in cases of legal demand.
The Global Payments shall ensure safety and functionality of the Website in return.
The Global Payments shall provide the Website User with full and reliable information about the state of his/her personal account on the Website.
The Global Payments shall ensure security of the Website User's data, report any losses, disclosure and unauthorized access by third parties through application of security systems technologies, implementation of the limited access mode and control of data access by authorized employees.
Responsibilities of the Global Payments
The Global Payments under no circumstances bears responsibility for any damage, which may arise from Website usage, impossibility of usage, or as a result of such usage.
The Global Payments does not bear responsibility for any indirect real damage or the missed benefit of the Website User or third parties.
The Global Payments is not responsible for the Website User's losses, which have resulted from illegal actions of third parties.
The Global Payments is not responsible for the Website User's losses, which have resulted from malicious programs in the equipment or malware, wrong filling of the information in the documents or violation of the cooperation conditions.
The Global Payments does not guarantee the full functionality of the Website under force majeure circumstances and in unforeseen situations.
External references may be placed on the Website of the Global Payments, and the Global Payments does not bear responsibility for them.
The Global Payments is not responsible for malfunctions, mistakes and failures in the working process of programs or hardware facilities which provide functioning of the Website, caused by reasons beyond the control of the Global Payments, and also the Website User's losses caused by them.
Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration LCIA.
And unless the parties agree otherwise in writing:
The place of arbitration shall be: London, United Kingdom.
The language to be used in the arbitral proceedings shall be: English.
The number of arbitrators shall be: one.
The arbitral tribunal shall decide ex aequo et bono.
Any dispute arising out of or related to this agreement is personal to you and Global Payments and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
The Force Majeure (Exemption) clause of the International Chamber of Commerce (ICC Publication No. 421) is hereby incorporated in this contract.
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Communication with Global Payments
These agreement and terms are not boilerplate. If you disagree with them, believe that any should not apply to you, or wish to negotiate these terms, please contact Etna Development OÜ and immediately stop using software and service. Do not use software and service until you agreed with this Terms of Service.