WooshPay Checkout User Terms of Service
Last updated: Dec 5, 2023
These WooshPay Checkout User Terms of Service are a legal agreement between SWOOSHTRANSFER LTD (platform name WooshPay, hereinafter referred to as “we”or” WooshPay”)and you, the user of the WooshPay Checkout service (“you”). By using the WooshPay Checkout service, you agree to be bound by these terms and conditions.
1.Background
WooshPay understand that the privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, https://wooshpay.com/ (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
2. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
| Terms | Definitions |
|---|---|
| “Account” | An account required to access and/or use certain areas and features of Our Site; |
| “Agreement” | Terms and Conditions,all exhibits,referenced documents,attachments and such other policies and guidelines notices, and announcements from time to time issued by us to you,including the Privacy Policy and the Cookies Policy. |
| “Law(s)” | Any law,regulation or generally accepted practices or guidelines in the Account Jurisdiction, or any othe er jurisdictions applicable to your use of the WooshPay Services,which shall includewithout limitation, laws governing payment services, anti-money laundering or terrorist financing requirements,consumer protectiondata protection laws,anti-discrimination,gambling,false advertising g, illegal sale or purchase or exchange of any goods or services,and those related to export/import activity,taxes or foreign currency transactions, or licensing.Please further refer to the Jurisdiction Specifc Terms |
3. General
The WooshPay Checkout service (“WooshPay Checkout”) is technology that makes it easier for merchants on the Internet (“Merchants”) to collect payment from individuals like you. WooshPay Checkout also makes it easy for you to store payment credentials, like credit cards and debit cards with WooshPay for use with Merchants who have chosen to use WooshPay as their payment processor.
4. Using WooshPay Checkout
When you check out on the website of a Merchant that has WooshPay Checkout enabled, Merchant will ask you if you’d like Merchant to remember you. When you allow Merchant to remember you, WooshPay
will store certain identifying information, such as your email address and your mobile phone number, and your Payment Credentials. Information stored as part of your Payment Credentials may include information such as your name, the account number and the expiration date, as well as associated information like your billing address and shipping address. The advantage of remembering you is that it will make your checkout quicker and easier if you come back to the same website — this can be especially handy when you’re on a mobile device or don’t have your credit card in front of you..
5. WooshPay’s Role
WooshPay act as an information storage medium and do not disclose any information stored about you to Merchants or any other organizations. Everything stored is stored as encrypted information in our back office and exists only to provide you with a faster payment experience. WooshPay Checkout store your Payment Credentials, but it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. WooshPay will, however, use reasonable efforts to keep your Payment Credentials secure.
You are ultimately responsible for the purchases you make using WooshPay Checkout. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using WooshPay Checkout, not WooshPay. WooshPay Checkout may display, or link to, the terms and policies that attach to a product or service sold by a WooshPay Enabled Merchant. For example, WooshPay Checkout may display, or link to, a Merchant’s policies with respect to returns, refunds, and exchanges. The content of any such policies is chosen by the Merchant, and WooshPay does not control, or have any responsibility for, the Merchant’s compliance with the content of its policies and terms. If you believe that a Merchant has failed to comply with its terms or policies, or any other obligation imposed by applicable law, please contact the Merchant directly.
6. Representations and Warranties
By using WooshPay Checkout you represent and warrant that you are at least 18 years of age and that you will not use WooshPay Checkout for any fraudulent, unlawful or abusive purpose.
7. Disclaimers
WooshPay Checkout, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through WooshPay Checkout, are provided “as is.” To the fullest extent permissible by law, WooshPay, its affiliates, and their agents, merchants or independent contractors, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by WooshPay Checkout, or for any breach of security associated with the transmission of sensitive information through WooshPay Checkout. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The Disclaiming Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.
8. Limitations of Liability; Force Majeure
In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms of Service exceed $10 US dollars. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
9. Governing Law
These Terms of Service will be governed by the laws of United Kingdom, and Each party agrees to submit to personal and exclusive jurisdiction of the courts located in United Kingdom.
10. Modification of Terms of Service; Notices
We have the right to change or add to these Terms of Service at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of WooshPay Checkout by posting such changes on our website or any other website we maintain or own. We may provide you with notice via email, postings on our website, or through other reasonable means. If you are an existing WooshPay Checkout user, the changes will come into effect 10 days after we post the changes to our website, and your use of WooshPay Checkout more than 10 days after we publish any such changes on our website, constitutes your acceptance of the modified Terms of Service. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of WooshPay Checkout. You can access a copy of the current terms of these Terms of Service on our website at any time. You can find out when these Terms of Service were last changed by checking the “Last updated” date at the top of these Terms of Service.
11. Assignment.
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
12. Data
By using WooshPay Checkout, you agree to the WooshPay, which is incorporated into and forms part of these Terms of Service. You should be aware that your data may be transferred, processed and stored outside of your country (including, if you are located in the European Union, outside of the European Union), and that your data may be subject to disclosure as required by applicable law.
13. Survival
Upon termination of your use of WooshPay Checkout or termination of these Terms of Service for any reason, in addition to this section, the sections shall survive termination.
14. Miscellaneous
WooshPay‘s failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service, including WooshPay’s policies governing WooshPay Checkout referenced herein, constitutes the entire agreement between you and WooshPay with respect to the use of WooshPay Checkout. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and WooshPay, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service. These Terms of Service do not limit any rights that WooshPay may have under trade secret, copyright, patent or other laws.
15. Company and Address
Company name: SWOOSHTRANSFER LTD
Company address: Aviation House, Office 04C106, 125 Kingsway, London, WC2B 6NH