Terms of Service : FINCAPITAL PARTNER AG TERMS OF SERVICE
Important
Please read the following terms of service (“TOS”) carefully as they represent a binding agreement (the “Agreement”) between you and FINCAPITAL PARTNER AG (“we” or “us” and related pronouns) governing your use of our services. fincapital.com is owned and operated by FINCAPITAL PARTNER AG, a company registered in Switzerland.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms. In such cases, the terms “you” or ““your” shall refer to such entity and its affiliates. If you do not have such authority, you must not indicate your acceptance on behalf of the entity.
If you are a user working for or on behalf of a company, you represent and agree that: (1) such company has duly authorized your access to the applicable service as a user, and (2) you have read and understand these terms and agree to be bound by all applicable terms. If you do not accept these terms in their entirety, you must not indicate your acceptance and may not use the service in any way. Your acceptance of these terms constitutes an essential part of the agreement between you and FINCAPITAL PARTNER AG, without which FINCAPITAL PARTNER AG would not agree to extend the rights set forth herein.
GENERAL
This Agreement will be effective between you and FINCAPITAL PARTNER AG. Your use of the Services is specifically governed by these TOS, and your legal rights to make use of the Services are conditioned upon: (i) your compliance with all provisions of these TOS, and (ii) your prompt payment of all applicable costs.
Overview of Payment Services.
FINCAPITAL PARTNER AG provides fast and secure electronic payment services for individuals and businesses in the IT industry. Based in Geneva, Switzerland, the company enables customers to send and receive money electronically in today’s digital economy.
Internet and Equipment.
You are responsible for all service, internet, data charges, and any other fees and costs related to your use of our services, including the cost of any necessary equipment, hardware, software, and internet connectivity. It is your responsibility to obtain and maintain the equipment and connectivity required for accessing and using our services.
Usage of our Services.
When using our payment services, you must comply with all applicable laws and regulations, including those relating to copyright and other intellectual property, privacy, and personal identity. You must provide accurate information and refrain from knowingly providing false information. You may not copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with our services. Framing or embedding these services, impersonating another person, or gaining unauthorized access to another person’s account is prohibited. Introducing any virus, worm, spyware, or other computer code, file, or program intended to damage or hijack the operation of any hardware, software, or telecommunications equipment or any other aspect of the payment services operation is strictly prohibited. Additionally, you may not scrape, spider, use a robot, or any other automated means of any kind to access our services.
APPLICABILITY.
This Terms of Service applies specifically to the payment processing services provided by FINCAPITAL PARTNER AG in connection with the client’s business operations. These services may include payment processing, account management, and related support services. By using these payment processing services, the client agrees to be bound by the terms and conditions set forth in this Terms of Service. This Terms of Service does not apply to any other services or products offered by FINCAPITAL PARTNER AG which may be subject to separate terms and conditions that will be made available to the client at the time of use.
PAYMENT
You agree to pay the service fees and any other charges incurred in connection with the service agreement, including any applicable taxes, at the rates in effect when the charges were incurred. We will automatically bill all charges to your designated payment method, such as your credit card or FINCAPITAL PARTNER AG.
CREDIT CARD CHARGES AND FRAUD PENALTIES
You hereby warrant that you are over 18 years of age and not subject to the Child Online Privacy Law. You are also of legal age to enter into contractual agreements in the state in which you are present when making a subscription or payment to our services. Furthermore, you certify that you are the true and authorized owner of the credit card used for subscription or purchase. Any violation of these requirements may result in civil or criminal prosecution, and you will be liable for liquidated damages equivalent to (AMOUNT) per fraudulent transaction, in addition to actual damages. Please note that all information collected by us may be used for prosecution and shared with law enforcement agencies, credit card companies, and merchant service providers.
If you, as the true and/or authorized owner of a credit card, attempt to commit fraud, you authorize each credit card company or merchant service provider to disclose to us any information that could be considered evidence of credit card fraud.
In the event that you attempt to perpetrate credit card fraud, you hereby authorize us (FINCAPITAL PARTNER AG) to access all credit information about you from credit reporting agencies. You also authorize FINCAPITAL PARTNER AG to gather all relevant information about the fraudulent activity from any source and to disclose such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
WARRANTY DISCLAIMER
FINCAPITAL PARTNER AG’s electronic payment services and any materials made available through the services are provided “AS IS,” without any warranties of any kind, express or implied. FINCAPITAL PARTNER AG hereby disclaims all such warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
STATUTE OF LIMITATIONS
Regardless of any statute or laws to the contrary, you must file any claim or cause of action arising out of or related to the Services within one year after such claim or cause of action arose or be forever barred. This section shall survive termination of this agreement.
LIMITATION OF LIABILITY
We shall not be liable for any indirect, incidental, special, or consequential damages arising from or in connection with your use of our platform. Our maximum liability to you shall not exceed the amount paid by you (if any) for the use of our platform.
TERMINATION
We reserve the right to terminate your access to our platform at any time for any reason. We may also terminate these terms of service at any time. Upon termination, you must immediately cease all use of our platform.
SEVERABILITY
If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision could be lawful or enforceable if part of it were deleted, that part will be deemed deleted, and the rest of the provision will continue in effect.
GOVERNING LAWS
This agreement shall be governed by and construed in accordance with the laws of Switzerland. The courts of Switzerland shall have exclusive jurisdiction to adjudicate any disputes arising under or in connection with these Terms of Service.