Terms & Conditions
Last updated: September 2020
1. Account Terms
To access and use the Services, you must register for a TangeloPay account (“Account”) by providing your full legal name, phone number, a valid email address, and any other information indicated as required. TangeloPay may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. You confirm that you are receiving any Services provided by TangeloPay for the purposes of carrying on a business activity and not for any personal, household or family purpose. You acknowledge that TangeloPay will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You are responsible for keeping your password secure. TangeloPay cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of TangeloPay may result in an immediate termination of your Services.
2. Account Activation
The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service. Your TangeloPay Store can only be associated with one Store Owner.
Based on your TangeloPay pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults. The Store Owner and the users under Staff Accounts are each referred to as a “TangeloPay User”.
3. TangeloPay Rights
Verbal or written abuse of any kind (including threats of abuse or retribution) of any TangeloPay customer, TangeloPay employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that TangeloPay employees and contractors may also be TangeloPay customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued national photo ID, Passport, your bank account number, your status as an employee of an entity, etc.
TangeloPay retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, TangeloPay reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
4. Confidentiality
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. TangeloPay’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
5. Limitation of Liability
“You expressly understand and agree that, to the extent permitted by applicable laws, TangeloPay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. TangeloPay does not warrant that the Services will be uninterrupted, timely, secure, or error-free.TangeloPay does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
6. Intellectual Property and Customer Content
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow TangeloPay to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that TangeloPay can, at any time, review and delete all the Materials submitted to its Service, although TangeloPay is not obligated to do so.
TangeloPay shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
7. Payment of Fees
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at TangeloPay’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, TangeloPay reserves the right to terminate your Account.
TangeloPay does not provide refunds.
8. Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by contacting TangeloPay Support and then following the specific instructions indicated to you in TangeloPay’s response.
Upon termination of the Services by either party for any reason - TangeloPay will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to TangeloPay for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Store website will be taken offline.
Fraud: Without limiting any other remedies, TangeloPay may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services
9. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from TangeloPay. Such notice may be provided at any time by posting the changes to the TangeloPay Site (tangelopay.com) or the administration menu of your TangeloPay Store via an announcement.
TangeloPay reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
TangeloPay shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
10. Privacy & Data Protection
TangeloPay is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that TangeloPay’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
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