Last updated: December 4, 2019
Welcome to the Payall website https://payall.com (the "Site"). Thank you for visiting and learning more about Payall!
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
The registration and use of Payall services shall be subject to separate terms and conditions of Payall User Service Agreement specific to the Service you have enrolled for, as modified from time to time.
1. You Accept These Terms
2. Updates to Terms
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms on our Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity
This is a general audience Site for adults. We will assume (and by using this Site you represent that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
You represent that you are at least eighteen (18) years of age.
5. The Information You Give Us Must Be Correct
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
6. Online Privacy Notice
7. Internet Browsers
Up-to-date Internet browsers or email clients that we support include Windows - Chrome Browser 64bit - Google Chrome 75.0.3770.80 and the following ascending versions, MacOS Safari - Safari 12.1.1 - and the following ascending versions, Windows - Microsoft Edge Browser 22.214.171.124 - and the following ascending versions, Windows - Mozilla Firefox 46.0.1- and the following ascending versions, Windows - Internet Explorer 9 64bit - and the following ascending versions, Android - Gmail Version:9.2.3 - and the following ascending versions, Windows - Microsoft Outlook 2016 - and the following ascending versions, Windows - Mozilla Thunderbird 52.0 - and the following ascending versions.
8. Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PAYALL, ITS PARENT COMPANY, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PAYALL ("THE PAYALL GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PAYALL GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PAYALL GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PAYALL GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PAYALL GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
ALL RIGHTS, OBLIGATIONS AND COVENANTS OF THE PAYALL GROUP AND ANY PAYALL CUSTOMER WITH RESPECT TO ANY PAYALL PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.
9. Limitation of Liability
10. Trademarks and Copyrights
This Site and materials incorporated by Payall on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Intellectual Property Rights"). Some of the characters, logos or other images incorporated by Payall on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Payall or others ("Trademarks"). Payall respects the intellectual property rights of others and asks users of this Site to do the same. You may not copy or use the names, marks or logos of Payall in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may appear on the Site, and those are the sole property of their respective owners.
11. Your Use of Material
12. Submissions, Postings and E-mails
Payall is interested in hearing from you regarding your questions or comments about our Site. However, Payall does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of Payall.
13. Invited Submissions
From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL, EXCEPT WE WILL TREAT YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOUR BANK ACCOUNT INFORMATION AND YOUR TRANSACTIONS INFORMATION AND DATA AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
14. Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
- Your name, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Copyright Agent Payall Payment Systems, Inc, 1111 Lincoln Road, Suite 606 Miami Beach, FL 33139, email@example.com. Payall seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
15. Responsible Use of Site
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this Site are the sole responsibility of the sender, not Payall, and that you are responsible for all material you upload or otherwise transmit to or through this Site. You may not link or otherwise connect our Site or any content on our Site without our prior written permission to do so. You agree that you will not use this Site for any of these prohibited uses or purposes:
- Selling, reselling or offering for sale or resale any content or aspect of this Site;
- Bypassing any measures we use to prevent, restrict or otherwise limit access;
- Using the Site to send altered, deceptive or false information;
- Using the Site to intercept, collect or store personal information of others;
- Using the Site to spam or phish or otherwise impact the operation of the Site or the integrity of the use of the Site Payall others;
- Accessing, monitoring or copying any content or information on the Site, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;
- Framing or otherwise incorporating all or any portion of the Site into any other site;
- Decompiling, disassembling or reverse engineering any of the software or content used in any part of the Site;
- Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or techniques in connection with the Site;
- Overloading or otherwise crashing or attempting to crash the Site; and
- Engaging in any high volume data transfers or bandwidth use through your use of the Site.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
17. System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Payall shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Payall considers insecure, Payall will be entitled to require this to be changed and/or terminate your account.
19. Violation of Security
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Payall reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Payall reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. Payall may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Payall may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Payall believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Payall will fully cooperate with any law enforcement authorities or court order requesting or directing Payall to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PAYALL GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PAYALL GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PAYALL GROUP OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
22. Reservation of Rights
Payall reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
23. Local Regulations
Payall makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
24. Third-Party Sites
25. Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
26. Jurisdictional Issues
The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
27. Choice of Law
With the exception of Section 10 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
28. How To Contact Us
This Site is controlled and operated by Payall Payment Systems, Inc, 1111 Lincoln Road, Suite 606 Miami Beach, FL 33139. Please forward any comments or complaints about the Site to firstname.lastname@example.org. Please forward any questions regarding privacy to email@example.com.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Payall relating to the matters contained here and the Site.