Introduction
Welcome to Paylolly. The Terms of Service described herein constitute a legal agreement (“Agreement”) between you, Paylolly Limited (“Paylolly”) – Paylolly shall be referred to as “we”, “us”, or “our”). These Terms of Service govern your use of the “Service.” For purposes of this Agreement, “Service(s)” means the payment transaction service, including all features and functionalities and user interfaces, as well as all content and software associated.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Please read this Agreement carefully before using the Services, which are provided through the Paylolly.com Website (the “Website”).
Section A: The Service
1 – Acceptance of Terms of Service
These Terms of Service, which include Paylolly’s Privacy Policy, located at https://paylolly.com/legal, govern your use of the Service. By using the Service, you accept and agree to these Terms of Service. If you do not agree to these Terms of Service, do not use the Service.
2 – Change to Terms of Service
We may, from time to time change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing customers, such revisions shall, unless otherwise stated subject to any prior notice required under applicable law, be effective 30 days after posting.
3 – Changes to Website
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
4 – Privacy
Personally identifying information is subject to Paylolly’s Privacy policy located at https://paylolly.com/legal, the terms of which are incorporated herein. Please review Privacy Policy for an understanding of how we treat your data. You acknowledge that you have received, read in full, and agree with the terms of Paylolly’s Privacy Policy, linked to and incorporated into this Agreement by reference.
5 – AML & TA
To help the government fight the funding of terrorism and money laundering activities, the law requires all financial institutions to obtain, verify and record information that identifies each person or company who opens an account. What this means for you: when you or your company opens an account with us or at certain other times after account opening, we will ask for your name and or company name and registration, address, social security number, date of birth and other information that will allow us to identify you, such as a tax identification number. We may also ask to see a copy of your government-issued photo identification card or other identifying documents.
6 – Fraud
We will protect the security of data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. We recommend that you review our Privacy Policy for the Service located at https://paylolly.com/legal which will help you understand how we collect, use and safeguard the information you provide to us.
7 – Personal Accountability
By using the Service, you are completely and solely responsible for any and all activities which occur under your account whether authorised or unauthorised.
You are responsible for any and all transactions on or under your account, and for all uses of the Service with your password. If you believe that your password to your mobile device or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at [email protected].
8 – Restricted use
As a condition of your use of the Services, you agree not to provide any information that is unlawful, illegal, harmful, threatening, abusive, harassing, degrading, defamatory, libellous, infringing, discriminatory, prejudice, invasive and/or exploitive to any other persons or entities in any way. You agree not to obtain or attempt to obtain any materials and/or information through and by any means non-intentionally made available, disclosed or provided through Services.
You agree to use the Services for its sole intended purposes. In no event shall you use the Services in a manner that will violate any local, state, or international law, rules and regulations, including, without limitation, in regards to unauthorised disclosure of any third party personal private information, such as name, address, SSN (Social Security Number), DOB (Date of Birth) or financial information, etc. You will not use the Service in support of or in connection with any marijuana-related business, any money service business, or any business engaged in the defence sector or the manufacture or production of arms, military equipment or weapons of mass destruction. In addition, you shall not resell or make any commercial use of the Service without our express written consent.
The Service is controlled and operated from facilities in Cyprus. We may limit the Services or the Website’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose. You may not create more than one account with Paylolly. Each unique mobile device may not be associated with more than two accounts with Paylolly. Further, you shall not interfere with the proper functioning of the Service; make any = automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In addition to all other legal rights, we reserve the right to remove any content at any time with or without notice to you or others. Further, we may suspend or terminate your use of the Service at any time with or without notice.
9 – Commercially reasonable effect and no guarantee
Due to circumstances beyond our control, particularly delays in handling and posting by the payee or financial institutions, some transactions may take longer to be credited to your Linked External Account. We will bear no responsibility for any late payment related charges due to the actions of others or that are outside of our direct or indirect control. You agree that our Service is being offered as a service only.
You acknowledge and agree that we will take commercially reasonable steps to ensure the validity of each transaction you enter through our Service. We do not guarantee funds and if funds are not available when processed through your financial institution it is your sole responsibility to collect said funds. In addition, we do not guarantee that once funds have been verified that the status of your bank/financing account will not change prior to the withdrawal or depositing of funds.
10 – License to use the website & trademarks
Paylolly grants you a personal, limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to electronically access and use the Website for transactions in a manner consistent with this Agreement and any other relevant documentation provided to you. The Service includes the Website, software, documentation, tools, internet-based services, components, images, and any updates thereto provided to you by Paylolly. Paylolly may terminate this license at any time.
11 – Ownership
We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own all interest, title, and other worldwide IP Rights (as defined below) in the Website and the Service and all copies thereof. All content included or available on Paylolly’s Website, including site design, text, graphics, illustrations, interfaces, and the selection and arrangements thereof is the property of Paylolly, with all rights reserved with respect to copyrights and trademarks.
Any use of materials on Paylolly’s Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission and consent from Paylolly is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy Paylolly’s web pages or the content contained therein without prior written permission and consent from Paylolly.
You may not republish Paylolly content or other content from the Services or the Website, on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to the Services or the platform. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access the Website is virus free. You will not attempt to gain unauthorised access to the platform or to any other user’s account. You will not modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services. You will not modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law, or copy, distribute, transfer, sell or license all or part of the Services.
You will not use the Services to access, copy, transfer, retransmit or transcode information, Paylolly logos, marks, names or designs or any other content in violation of any law or third party rights, or remove, obscure, or alter Paylolly’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.
For the purposes of this Agreement, “IP Rights” means all patent rights; copyright, including rights in derivative works; trademark, trade dress and service mark rights; goodwill; trade secret rights; and other intellectual property rights that now exist or may hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
12 – General information purpose
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
13 – No warranties
The Service is provided are on an “as-is” and “as available” basis without any warranty of any kind, express or implied, except to the extent set forth herein. To the fullest extent permitted by applicable law, we do not represent, warrant or guarantee that the Service will be free from any delay, failure, interruption, corruption or otherwise from any financial institution or delivery carrier.
THE FOREGOING IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
14 – Third-party liability
In delivering the Services to you, we may engage third parties. We are not affiliated or employed with such third parties whatsoever. In no event shall we be liable or held responsible under the use of any of the Services for any acts or omissions caused by any third party for any consequential, special, indirect or other damages, whether based in contract, tort or otherwise, even if we have been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
Additionally, where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
15 – Limitations of liability and damage
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAYLOLLY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES IN CONNECTION WITH RELIANCE ON, USE OR MISUSE OF INFORMATION CONNECTION WITH THE USE OF OUR SERVICES OR FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE OR DATA, ARISING OUT OF OR RELATED TO THE WEBSITE OR THE USE OF THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Website or this Agreement must be filed as provided above in the Arbitration Provision within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement shall be governed by, construed and interpreted according to, the Cypriot law without regard to its conflict of law principles.
You and we both agree that the courts of Cyprus will have exclusive jurisdiction.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Please Note: Different limitations and exclusions of liability will apply to liability arising as a result of the sale of electronic money and other services we provide to you, which will be set out in our Personal and Business Terms.
16 – Rights to amend
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature, aspect of, or eligibility related to, the Service or software that we in our sole discretion deem to be reasonable in the circumstances, such as the Services and/or our website or any other website maintained or owned by us. Any use of the Service or software after our publication of any such charges shall constitute your acceptance of this Agreement as modified.
We will not be responsible for the loss of any personal settings, dropped connections, disabled features, disabled or suspended alert messages, or service interruptions resulting from an upgrade, maintenance or any reason. It is your responsibility to review your account to confirm the balance and the status of all transactions.
17 – Third-party product terms
We may, from time-to-time and subject to this Agreement, make a third party’s products and services available to you through the Services (the “Third Party Products”). The Services may provide Third Party Product listings, descriptions, and images of goods or services or related coupons or discounts, as well as references and links to such Third Party Product. Third Party Products may be made available for any purpose, including general information purposes. We do not control or endorse, nor are we responsible for, any Third Party Product, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of any Product, or any intellectual property rights in any Third Party Product. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Product.
We have no obligation to monitor Third Party Products, and we may block or disable access to any Third Party Products through the Services at any time. In addition, the availability of any Third Party Products through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Product, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF ANY THIRD PARTY PRODUCT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY PRODUCT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY PRODUCTS).
18 – Link to third-party sites
The Website may contain hyperlinks to websites or applications operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites or applications and are not responsible for their content. Your access to and use of such websites or applications, including information, material, products and services on such websites or applications, is solely at your own risk. Furthermore, because our Privacy Policy is applicable only when you are on the Website, once linked to another website or application, you should read that site’s privacy policy before disclosing any personal information.
19 – Use of submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of the Services or the Website, such information will be deemed to be non-confidential.
We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
20 – System outages, slowdowns, capacity limitations and updates
Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Services or the Website, or communicating with us through the internet or other electronic and wireless services. The Service and the Website may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.
21 – Operation of mobile device
We do not represent or warrant the performance or operation of any mobile device. You select a mobile device and any issues relating to the operation, performance, and costs associated with the device are among you, your wireless telecommunications provider, and the person or entity who sold or provided you with the device. Your wireless telecommunications provider for your mobile device and other third-party service providers that you use may charge fees, including fees for data storage, to transmit data between your mobile device and the Website and browsers, and roaming.
22 – Website misuse
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
23 – Confidential Information
You agree that you will not disclose Confidential Information to any person and you will not use any Confidential Information except as necessary in connection with the Services and except as required by court order.
You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than ordinary care. “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the Website, or (ii) which is (A) marked “Confidential,” “Restricted,” or other similar marking, (B) known by you to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
24 – Parties
This Agreement binds you and your respective heirs, representatives, and permitted and approved successors or any permitted assigns.
25 – Customer support
You may communicate with us by email at [email protected] If you send us an email, you we are not responsible for the confidentiality, privacy or data security of any of your information or data (including personal information) or under other confidentiality, privacy or data security laws, rules, regulations, guidelines or obligations related to your information or data if such information or data is intercepted or monitored outside of our systems.
26 – Severability; No waiver
If any of the provisions herein are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the terms and conditions as a whole. Failure by us to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right.
27 – Entire agreement
This Agreement and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and us with respect to the provision of the Service. In the event of a conflict between this Agreement and any other agreement or policy relating to the subject matter herein, this Agreement shall prevail. Except as expressly provided herein, these terms and conditions describe our entire liability and define your access and use of the Service. If any provision of this Agreement (or any portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue to be in full force and effect.
28 – Email may not be used to provide notice
Communications made through the Service’s e-mail and messaging system will not constitute legal notice to Paylolly or any of their officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation. All legal notices to us shall be sent in writing to the following address: 12-14 KENNEDY STREET, 1st FLOOR, OFFICE 108, 1087 NICOSIA, CYPRUS.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.
Paylolly and other logos, product and service names are trademarks and service marks owned by or licensed to Paylolly or its affiliates (“Paylolly Group”). Without the prior written permission of Paylolly, or its appropriate affiliates, you agree not to display or use in any manner, the Paylolly Group, Paylolly and other logos, product, and service names are trademarks and service marks owned by or licensed to Paylolly or its affiliates (the “Paylolly Group”). Without the prior written permission of Paylolly, or its appropriate affiliates, you agree not to display or use in any manner, the Paylolly Group.
All other trademarks are the property of their respective owners.