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Terms and Conditions

 

Welcome to Yoozy. Before you begin using our service, you must read and agree to these terms and conditions and policies, including any future amendments that may be made to them (collectively, this “Agreement”). In this Agreement, “Yoozy”, “we” and “our” refer to Wholesale Payment Solutions, Inc. company having its principal place of business at 4320 Marsh Ridge Road, Suite 100, Carrollton, Texas 75010, and “User”, “you” or “your” refers to you.

Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at www.yoozy.com (the “Site”) as the version of this Agreement applicable to you will be posted at the Site. We may, in our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Yoozy service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

General Terms and Conditions for Use of the Site

1. Rules.

While visiting the Site, you may not:

2. Site Operation

Yoozy shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.

3. Services.

The service provided by this Site (the “Service”) consist of simply informing you of various Yoozy and third party services for which we are a sales organization. Any service other than obtaining information will be provided to you under separate terms and conditions either with us or with a third party, which agreements are separate and distinct from this Agreement.

4. Monitoring and Content.

Yoozy has no obligation to monitor the Site. However, you agree that Yoozy has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users in accordance with Yoozy's Privacy Policy (set out below). Yoozy will not intentionally monitor or disclose any private electronic-mail message unless required by law. Yoozy reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Violation of any of the foregoing, including rules as to content, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You are responsible for all of the content you post using the Service. Although we reserve the right to monitor content, we have no obligation to do so. Therefore, we take no responsibility for any content. Instead, we merely provide you with access to such content as a service to you.

Users are prohibited from posting unlawful, offensive, harmful, inaccurate or otherwise inappropriate material. You must use caution and common sense and exercise proper judgment when using the Service.

5. Submissions.

All information submitted to Yoozy through Site shall become the property of Yoozy and Yoozy shall be free to use, for any purpose, idea, concepts, know-how or techniques contained in in formation that you may submit to Yoozy through this Site. Yoozy shall not be under an obligation of confidentiality in respect of such information except and to the extent that Yoozy enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by Yoozy or as may be required by applicable law. This provision shall not serve to limit the responsibilities of Yoozy in respect of customers with whom or for whom it has established a customer relationship by, for example, referring such a customer to a payment processor or acquiring bank.

6. Yoozy Privacy Policy.

Protecting the privacy of users of this Site is important to us. This privacy policy (the “Privacy Policy”) sets out the general terms by which Yoozy collects, stores and discloses personal information on this Site. From time to time, Yoozy may modify this Privacy Policy without prior notice to you.

You are Free to Supply or Not Supply Personal Information

The only information we collect about you on this Site is information that you voluntarily provide to Yoozy. This information may include, for example, name, mailing address, Email address, phone number and similar information. If you supply us with personal information on this Site, we will use that information only to contact you so that we can:

Browsing Only

Like most standard web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information unless you instruct us to complete an application for services from one of our Suppliers in which case we will log your IP address together with other information submitted on such an application form. This Site may use cookies or web beacons solely to aggregate information about the pages users visit so we can update and redesign, as necessary, our Site.

From time to time, however, we may disclose this information to fulfill legal or regulatory obligations or if we determine such disclosure is legally advisable or necessary to protect our rights and the rights of others, or to prevent harm. In addition, we may aggregate data about users of our site and use it for statistical purposes.

Privacy and Security are Yoozy Priorities

We take every precaution to protect our users' information. When users submit sensitive information via the Site, their information is protected both online and off-line. Only employees or consultants, if any, who need the information to perform a specific job are granted access to personally identifiable information. Our employees and consultants, if any, must use password-protected screen-savers when they leave their Yoozy portal. When they return, they must re-enter their password to re-gain access to user information. Furthermore, all employees and consultants, if any, are kept up-to-date on our security and privacy practices. As well, any time new policies are added, our employees and consultants, if any, are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility. If you have any questions about the security at our Site, users can send an email to Site at the address provided at the contact section of this site.

Yoozy may disclose personal information collected online to our affiliates and to Suppliers who assist us with obtaining or supplying services to you that you have requested. In some cases, this may require your information to be sent to other countries. By supplying your information on this Site, you consent to your information being transferred across national borders to Yoozy, its affiliates and Suppliers.

Use by Minors Prohibited

You may not use this Site if you are not of the age of majority in the district where you reside or of you are under 18 years of age. This Site offers products and services to businesses only and not to individual consumers. You may not use this Site as an individual consumer.

7. Limitation of Liability.

COMPANY, INCLUDING ITS AFFILIATES, RELATED COMPANIES, SPONSORING BANKS, PROCESSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN $100.

8. Recourse.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of Yoozy in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

9. Indemnity.

You agree to defend, indemnify and hold Yoozy and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.

10. Intellectual Property.

All elements of the Site (the "Elements") such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of Yoozy and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Yoozy or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices.

The trademarks and logos used or posted on the Site are trademarks which were registered or not by Yoozy or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.

11. Third Party Links

Third parties may provide links to other internet websites or resources on this Site. Yoozy neither controls nor endorses such 'linked sites' nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that Yoozy is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that Yoozy, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, 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 such content, goods and services available on or through any such linked sites.

12. Amendments.

Yoozy reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.

13. Miscellaneous.

This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Yoozy and you pertaining to the subject matter hereof. In the event that you are solicited by Yoozy for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. Yoozy's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which Yoozy has its principal place of business and disputes shall be heard only in the courts of competent jurisdiction in the county in which Yoozy has its principal place of business.

14. Contacting Yoozy

If you have any questions concerning this Agreement, please contact Yoozy through the contact information set out on the Site.

 

 

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