IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
3. Mobile Application
Furthermore, with respect to any Mobile Application accessed through or downloaded from an App Store such as Google Play® store or the Apple® App Store® (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store.
4. Age Restrictions
5. Services Use Restrictions
Without our prior written consent, you may not:
Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
Engage in the practices of “scraping”, or any other activity with the purpose of obtaining content or other information;
Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or
Access, use, or monitor our Services for benchmarking or any direct competitive purposes.
Sub-license your rights to access and use the Services.
6. User Representations
Parts of the Services may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libellous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorised use of your account. We are not responsible for any losses resulting from unauthorised use of your account.
In addition, you agree not to use the Services to:
Except where authorised by us, register for more than one User account, or register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless expressly authorised to do so by that third party;
Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services; or Use or attempt to use another account without authorisation from that person, or create a false identity through the Services.
7. Information Posted through the Services
You are solely responsible for the information that you post on or through the Services and your conduct regarding the Services. By posting information to or through the Services, you agree to (a) provide accurate, current and complete information; (b) maintain the security of your password and identification, to the extend you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Services; and (d) be fully responsible for all use of your account and for any actions take place using your account.
8. Consent to Communications
By providing us your telephone number, you consent to receive calls and/or texts at that number, including those sent through the use of automated technology and/or prerecorded messages. LatitudePay and third parties representing LatitudePay may use this number to call and/or text you with transactional messages and to provide relevant offers or other marketing. LatitudePay’s merchant partners may use this number to call and/or text you with transactional messages. Your carrier’s standard telephone minute and text charges may apply. LatitudePay will not share the phone number you provide with third parties who are not affiliated with us, unless they are our merchant partners or service providers acting on our behalf, without your consent. LatitudePay, its merchant partners or third parties who represent LatitudePay may also contact you at the email address you provide. You further agree to electronic communications, as outlined in the [Electronic Communication Agreement].
9. Intellectual Property
We are the owner or the licensee of the copyright and all other Intellectual Property Rights subsisting in our Website and the Mobile Application. Nothing herein or otherwise shall be construed as an assignment or transfer of our rights in the Intellectual Property Rights subsisting in our Services and its content. All our rights are fully and expressly reserved.
For the avoidance of doubt, “Intellectual Property Rights” mean any copyright, rights in software, rights in databases, patents and rights in inventions, trade marks, rights in domain names, designs, know-how, trade secrets and other rights in confidential information, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world.
You must not use any part of the materials on our Website or the Mobile Application for commercial purposes without obtaining a licence to do so from us or our licensors.
The content available on our Website may not be reproduced, distributed, transmitted, published, displayed, broadcast, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without our prior written consent. You may not, without our prior written consent, insert a hyperlink to our Website (or any part thereof) on any other website or “mirror” or frame any content available on our Website on any other server or website.
No license or right is granted to you, and your access or use of our Services, should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names or logos appearing on our Website or Mobile Application.
10. Prohibited Activities
In connection with your use of the LatitudePay Services, you agree not to do any of the following:
11. Third-Party Links
12. No Warranties
We reserve the right to change any and all content within the Services and any service offered through the Services at any time without notice.
THE LATITUDEPAY SERVICES ARE PROVIDED “AS IS” AND LATITUDEPAY AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE LATITUDEPAY SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LATITUDEPAY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Services.
In providing the LatitudePay Service, LatitudePay acts only as a factor to purchase (by an absolute assignment) the charges, fees and other indebtedness owed by you to a merchant in connection with (inter alia) goods, supplies and/or services obtained by you from the merchant or other transaction between the merchant and you. LatitudePay has no responsibility or liability whatsoever for any such goods, supplies, services and/or transaction, and you must address any complaint or claim only to the relevant merchant. We also do not guarantee the continuous, uninterrupted, error-free or secure use of any part of the LatitudePay Services. Use of the LatitudePay Services may be interrupted due to events outside LatitudePay’s reasonable control, such as delays in the banking system or credit card networks. We will use commercially reasonable efforts to process payments in a timely manner, but we make no representations or warranties regarding the time it takes to complete any transaction. We may discontinue the Services or any goods or services available through the Services at any time and for any reason.
We do not approve or control any third party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.
13. Limitation of Liability
IN NO EVENT SHALL LATITUDEPAY AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF LATITUDEPAY OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE LATITUDEPAY SERVICES, LATITUDEPAY WEBSITES OR THESE TERMS, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LATITUDEPAY AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF LATITUDEPAY OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (2) DELAYS OR DISRUPTIONS IN ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM MERCHANTS, OR THE RETURN OF SUCH GOODS AND SERVICES; OR (8) CHANGES TO THESE TERMS. These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if LatitudePay or its affiliates, knew or should have known about the possibility of damages.
You may not transfer or assign any rights or obligations you have under these Terms without LatitudePay’s prior written consent. LatitudePay reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
15. Applicable law and Jurisdiction
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.