Terms of service

Website TERMS & CONDITIONS

THESE TERMS & CONDITIONS SHALL GOVERN YOUR USE AND ACCESS TO THIS WEBSITE. 

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS, UNDERSTAND THEM, AGREE THAT THE TERMS & CONDITIONS SHALL GOVERN YOUR USE OF THE WEBSITE, AND AGREE TO BE LEGALLY BOUND BY THE TERMS & CONDITIONS.

IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS, PLEASE EXIT THE WEBSITE IMMEDIATELY, AND DO NOT USE THE WEBSITE OR MAKE ANY PURCHASES ON THE WEBSITE.

1) Definitions

  1. “Terms & Conditions” means these Website Terms & Conditions.
  2. “Customer” means a party who accesses or uses the Website.
  3. “Hardware Product” means a payment terminal, card reader, and any other hardware product sold or delivered by CyberSource. For the avoidance of doubt, Hardware Products do not include Software Products or Services.
  4. “CyberSource” means CyberSource Corporation 900 Metro Center Blvd, Forster City, California, USA and all its affiliates.
  5. “Website” means https://shop-hardware.cybersource.eu.
  6. “Services” means the performance of tasks, the provision of advice or assistance, or the provision of access to a resources or information by CyberSource.
  7. “Software Products” means computer software programs sold or delivered by CyberSource, whether pre-loaded or provided separately, and related licensed materials.

2) General Terms

  1. These Terms & Conditions shall govern Customer’s use of and access to the Website.
  2. By using or otherwise accessing the Website you agree to comply with, and be bound by, these Terms & Conditions.
  3. CyberSource may update the Terms & Conditions or any part thereof at any time without prior notice. By continuing to use the Website after any update you accept and agree to be bound by, and consent to, the current terms including any changes.

3) Privacy Policy

  1. The Privacy Policy which is available on the Website is incorporated into and made part of these Terms & Conditions.
  2. The Privacy Policy governs the use of any personal information that you provide to CyberSource on this Website or is otherwise collected through your use of the Website. By using or otherwise accessing the Website you agree to the Privacy Policy.
  3. Without limiting the terms of the Privacy Policy, you acknowledge and agree that CyberSource may preserve any transmittal or communication by you with CyberSource through the Website (or customer service), and may also disclose such data if required to do so by law or if CyberSource determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these use terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of CyberSource, its employees, users of or visitors to the Website, and the public.

4) Hardware Sales

  1. From time to time, CyberSource may offer Hardware Products for sale on the Website.
  2. Any sale and/or delivery of Hardware Products shall be governed by the Hardware Sales Agreement which is also available on the Website.

5) Software and Services Sales

  1. Software Products or Services cannot be purchased on the Website.
  2. Customer must contact CyberSource to purchase Software Products or Services.
  3. Any sale and/or delivery of Software Products or Services to Customer shall be governed by a separate contract between CyberSource and Customer (or between CyberSource and a third party of which Customer is a beneficiary).

6) Not Intended for Minors

  1. The Website is not intended for those under 18.
  2. CyberSource does not knowingly collect or solicit personal information from those under 18 (including those under the age of 13) or knowingly allow such persons to register for an online account or to post personal information on Website.
  3. By using the Website, you agree you are 18 years of age or older.

7) Intellectual Property

  1. The Website and material on the Website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, soundtracks, written text, logos, any copyrightable material, any trademarks) are the exclusive property of CyberSource, its parent company, and/or its affiliates and subsidiaries, or third parties who have licensed or authorized CyberSource to use such property.
  2. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the Website.
  3. Nothing in these Terms & Conditions, nor your access or use of the Website, shall grant you any right or license in or to any intellectual property of CyberSource, its parent company, and/or its affiliates and subsidiaries, or third parties who have licensed or authorized CyberSource to use such property.

8) Trademarks

  1. The “CyberSource” trademark and all other related marks and logos, whether registered or not registered, displayed on the Website, as well as the domain names “cybersource.com,” and all other domain names used by CyberSource and/or its parent or affiliate companies, are and will remain the exclusive property of CyberSource and/or its parent and/or affiliate companies. Any reproduction, distribution, transmission, modification, or use of any CyberSource trademark for any purpose is prohibited.

9) Proprietary Markings 

  1. You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.

10) Links to Third-Party Websites

  1. The Website may contain links to third party websites not under the operation or control of CyberSource. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third-party websites or any products or services that may be offered thereon.
  2. CyberSource shall have no liability or responsibility for the content, availability, or otherwise in connection with such third-party websites.
  3. Any questions or concerns about third-party websites should be directed to the owners or operators of such websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from the terms herein.

11) Use Restrictions

  1. No Scraping
    1. You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or “spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. CyberSource reserves the right to bar any such activity.
  2. No Circumvention
    1. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website by hacking, password “mining” or any other illegitimate means. In addition, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of CyberSource, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  3. No Interference
    1. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  4. No Unlawful Use.
    1. You may not use the Website for any purpose that is unlawful or prohibited by these use terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of CyberSource or others.
  5. No Unauthorized Links.
    1. You may not provide or create a link (including deep linking) to the Website if expressly authorized in writing by CyberSource. 

12) Account 

  1. From time to time, certain features or services offered on or through the Website may require you to open an account.
  2. You are entirely responsible for maintaining the confidentiality of the information for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
  3. You agree to notify CyberSource immediately of any unauthorized use of your account or password, or any other breach of security.
  4. You may be held liable for losses incurred by CyberSource or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.
  5. Access to your account may be terminated or suspended in our sole discretion. See the Termination of Access section below for more information.

13) Termination of Access

  1. You agree that CyberSource may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website for any reason, or no reasons, with or without cause, including, without limitation, if we determine that you have violated these Terms & Conditions.
  2. You agree that CyberSource may, in its sole discretion and without prior notice, terminate your access to the Website for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

14) Injunctive Relief

  1. You agree that any violation by you of any of these Terms & Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to CyberSource, for which monetary damages would be inadequate, and you consent to CyberSource obtaining any injunctive or equitable relief that CyberSource deems necessary or appropriate in such circumstances without the posting of any bond.
  2. These remedies are in addition to any other remedies CyberSource may have at law or in equity.

15) Recovery of Costs for Violation of Terms & Conditions

  1. If CyberSource does take any legal action against you as a result of your violation of these use terms, CyberSource will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CyberSource. You agree that CyberSource will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of our terms, including the use terms, the sale terms, the additional terms, and the privacy policy.

16) Disclaimer of Representations and Warranties

  1. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYBERSOURCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CYBERSOURCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED IN OUR ORDER CONFIRMATION.
  2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CYBERSOURCE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (A) THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIAL OR MALICIOUS CODE; (B) THE INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE; OR (C) THE WEBSITE IS FREE OF DEFECTS OR THAT ANY INACCURACIES OR DEFECTS WILL BE CORRECTED.
  3. BY USING THE WEBSITE, YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT CYBERSOURCE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST CYBERSOURCE FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
  4. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

17) Limitation of Liabilities

  1. CYBERSOURCE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, PERFORMANCE OF, OR INFORMATION PROVIDED THROUGH THE WEBSITE, EVEN IF CYBERSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. WITHOUT LIMITING THE FOREGOING, CYBERSOURCE SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE TO DELIVER PRODUCTS OR OTHERWISE PERFORM ANY OBLIGATION AS SPECIFIED HEREUNDER IF THE SAME IS WHOLLY OR PARTLY CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE USE TERMS, CYBERSOURCE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, CYBERSOURCE’S LIABILITY SHALL IN NO EVENT EXCEED $1,000.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

18) Indemnity

  1. You agree to defend, indemnify and hold CyberSource, its parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Website or any of our products or services purchased on the Site, or your breach of these Terms & Conditions.
  2. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

19) Feedback

  1. You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to CyberSource through this Website or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by CyberSource without restriction or compensation.
  2. By making a submission to CyberSource, you grant to CyberSource under all right, title and interest, including copyrights, in the submission a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such submissions.
  3. CyberSource has no obligation (i) to keep any submission confidential; (ii) to pay you or anyone any compensation for any submission or for using a submission; or (iii) to respond to or acknowledge any submission.
  4. You represent and warrant that no submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, you agree that CyberSource has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any submission you make.

20) Governing Law

  1. These Term & Conditions and all transactions and disputes arising hereunder shall be governed by the laws of the State of California, without regard to its conflict of law principles.

21) Dispute Resolution

  1. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, USA, before one arbitrator; provided that, nothing in this arbitration provision or these Terms & Conditions shall preclude CyberSource for seeking injunctive relief to stop any unauthorized use of its intellectual property or Website.
  2. The arbitration shall be administered by JAMS pursuant to Streamlined Arbitration Rules and Procedures.
  3. Judgment on the Award may be entered in any court having jurisdiction.
  4. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

22) Electronic Notice

  1. You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") from us electronically if we so choose, including without limitation by e-mail or by posting notices on this Website.
  2. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  3. You further agree that this consent to receive Notices electronically is entirely separate from any election you may make with respect to receipt of marketing communications.

23) Miscellaneous

  1. If any provision of these Terms & Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of shall remain in full force to the extent permitted by law.
  2. No failure, forbearance, neglect or delay of any kind or to any extent on the part of CyberSource in connection with the enforcement or exercise of any rights under the use terms, the sale terms, the additional terms shall affect or diminish Cybersource's ability to enforce such rights or any other rights under the use terms, the sale terms, the additional terms.
  3. References to articles, sections and exhibits are to be construed as references to the articles or sections of the relevant portions of the use terms, sale terms, or additional terms, unless otherwise indicated, and terms such as “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the same. The paragraph headings and captions are included merely for convenience of reference. They are not to be considered part of, or to be used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions. Whenever used, except as otherwise expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders. The words "include" and "including" when used herein shall be deemed to be followed by the phrase "without limitation" unless such phrase otherwise appears. Any reference to products, goods, or merchandise shall refer to the items offered for sale on the Website.

[End of Terms & Conditions]

 

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