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Terms of Use/Merchant Agreement

Terms of Use

Please read the following Terms of Use (“Terms”) carefully. They govern your use of the RapidCents website and mobile applications (collectively, the “Site”) of ASCENTRIO INC. (“RapidCents”). By using the Site, you hereby agree that you are at least eighteen (18) years of age and are bound by all of the following provisions of these Terms. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY RAPIDCENTS SERVICE OFFERED THROUGH THE SITE.

ABOUT RAPIDCENTS

The RapidCents website, web application, and mobile applications are products of RapidCents, a registered Incorporation in the Federal government of canada. The RapidCents software and other technologies have been designed, architected and developed by ASCENTRIO INC.

RapidCents provides services for online businesses and organizations.

RapidCents is not an agent of the organization in receiving Payments. RapidCents is not a bank, money transmitter, or other money services business, as defined by the Bank Secrecy Act or state banking law. The relationship of RapidCents to each organization shall also be governed pursuant to the rules and regulations of Visa and MasterCard, where RapidCents is a payment facilitator or payment processor and the organization is a merchant, such rules are available here and are incorporated herein by reference:

License and User Conduct

RapidCents grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of RapidCents. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RapidCents. Any unauthorized use of the Site shall automatically terminate the license granted to you by RapidCents for such use.

You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. RapidCents may terminate your use of the Site in RapidCents’s sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Site.

The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or Content; (2) taking any action that imposes an unreasonable or disproportionately large load on RapidCents’s hardware or software infrastructure; (3) sending SPAM to RapidCents users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts RapidCents customers to a third party; (7) submitting Content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading; or (8) using the services if you are or wish to assist a person or entity who is on a Specially Designated National List of the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”) or otherwise prohibited from accessing the U.S. financial system.

Copyrights and Trademarks

Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of RapidCents, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of RapidCents. The posting of information, documentation, and other content does not constitute a waiver of any of RapidCents’s, an affiliate’s, and/or a third-party licensor’s proprietary rights in such information, documentation, and other content (such as but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of RapidCents. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. RapidCents and its affiliates reserve the right to revoke this authorization at any time.

When you upload, submit, or store any content (“User Content”) through the Site, you grant RapidCents a worldwide license to use, host, store, reproduce, modify, and create derivative works from the User Content to provide, support, and improve the Site. You acknowledge that User Content and information regarding your account will be processed by RapidCents and stored and processed using online hosting services selected by RapidCents. You represent and warrant that you have all necessary rights in, and obtained all necessary consents to, the User Content and the Third-Party Services (described below), to grant RapidCents the rights granted under this Section, and to allow RapidCents to perform the Integration Services (described below).

Registration and Accounts

Only you may use your RapidCents account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use RapidCents on your behalf, including providing your account information to third-party websites to access your RapidCents account. You are responsible for all activity that takes place within your account.
At any time, RapidCents, in its sole discretion, may disable or delete any account registered on the Site for any reason. By registering to the Site, you agree to provide any verification information as required by RapidCents to comply with various CANADA laws, including, but not limited to, the CANADA Patriot Act.

You agree to be bound by policies of third parties including networks, bank card associations and banks used to process payments. You agree to forever release and hold RapidCents harmless from any cost, damage, or other injury that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution.

Some third parties may require a direct agreement with Merchants. If a direct agreement between such third party and particular Merchants is required, RapidCents will make reasonable efforts to facilitate the execution of such agreements between both parties. RapidCents reserves the right to disable or delete a merchant’s account if the merchant is unable to enter into a direct agreement with a third party, as required by the policy of the said third party.

Links

This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. RapidCents does not endorse, and RapidCents is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. RapidCents is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. RapidCents shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on such other sites. RapidCents shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

Pay Services

Certain services made available over the Site may be offered on a reoccurring fee basis (hereinafter referred to as a “Pay Service”). You agree to pay all the fees applicable to any purchased Pay Service, including any fees associated with the use of such Pay Service and any payment service fees listed on the accept payment page together with all applicable taxes (collectively, the “Fees”). Fees shall apply to merchants only. Unless otherwise indicated on the relevant Pay Service description page, all Fees for a Pay Service will be billed immediately to the credit card designated by you and are non-refundable. RapidCents reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages of the RapidCents.com Site related to the use of the Pay Services.

Merchants

Transaction Fees. The services provided under this Agreement for Merchants are subject to payment of fees by Merchants(“Fees”). The amount of the Fees are posted on the Agreement. RapidCents reserves the right to off-set from each Payment the applicable Fee before settling such Payment to a Merchants.

Third Party Integrations / Content

Integrations Generally. This section applies to any Integration Services (defined below) that are not otherwise governed by separate terms and conditions. “Integration Services” means any services related to the integration of the Site or any portions thereof, with any other third party services (“Third Party Services”), as requested and directed by merchants. RapidCents is not obligated to, and shall provide any Integration Services at its sole discretion. merchants shall be solely responsible for identifying any Third Party Services, and any dealings with such Third Party Services are between merchants and the Third Party Services and may be subject to additional terms provided by such Third Party Services. Merchant agrees that by using such Third Party Services, RapidCents is not liable for any loss or claim that it may have against any such Third Party Services.

Content. When Merchant uploads, submits, or stores any content (“Merchant Content”) through the Site, Merchant grants RapidCents a worldwide license to use, host, store, reproduce, modify, and create derivative works from the Merchant Content to provide, support, and improve the Site. Merchant acknowledges that Merchant Content and information regarding the merchant’s account will be processed by RapidCents and stored and processed using online hosting services selected by RapidCents. Merchants represent and warrants that it has all necessary rights in, and obtained all necessary consents to, the merchant Content and the Third Party Services, to grant RapidCents the rights granted under this Section, and to allow RapidCents to perform the Integration Services.

Responsibilities. RapidCents is not responsible:

  • For any electronic communications and/or merchant Content which are delayed, lost, altered, intercepted or stored during the transmission of any data by means of third party networks;
  • The operation, availability, functionality, or use of any Third Party Services;
  • For acquiring any rights, title, interests, and/or licenses to any Third Party Services, as may be required in order to perform the Integration Services;
  • Or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Services, or these Integration Services.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. RAPIDCENTS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND RAPIDCENTS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. RAPIDCENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability

USE OF THE SITE IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER RAPIDCENTS, NOR ANY OF RAPIDCENTS’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “RAPIDCENTS ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF RAPIDCENTS OR A RAPIDCENTS ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH RAPIDCENTS IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, RAPIDCENTS’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO RAPIDCENTS IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.

THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY RAPIDCENTS FROM ITS OFFICES WITHIN THE CANADA. RAPIDCENTS MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE CANADA. YOU MAY NOT ACCESS THE SITE FROM A LOCATION OUTSIDE THE CANADA.

NOTHING IN THE FOREGOING LIMITATIONS OF LIABILITY SHALL LIMIT THE LIABILITY OF RAPIDCENTS TO SETTLE TO MERCHANT THE AMOUNT OF EACH PAYMENT RECEIVED BY MERCHANT THROUGH RAPIDCENTS AS ITS AGENT, LESS APPLICABLE FEES OR OTHER LIABILITIES OF MERCHANT TO RAPIDCENTS HEREUNDER.

Indemnification

You agree to indemnify, defend, and hold harmless RapidCents, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, transaction made by you, and/or Transactions received by you in connection with the Site or any use of the Site in violation of this Agreement.

Notices

Where required, RapidCents may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to RapidCents by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with RapidCents, please e-mail or write to:

ASCENTRIO INC. DBA: RapidCents
Unit 210, 515 Consumers rd., North York, ON, CANADA
support@RapidCents.com

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