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WEBSITE
TERMS AND CONDITIONS
A. The
following are the terms and conditions for use
of PaySmart USA (hereinafter referred to as
“PaySmart USA”) website, with domain name,
www.paysmartusa.com ("the website").
B. The
website is owned, hosted and maintained by
PaySmart USA.
C. By
accessing and using the website, you (“the
user”), agree to be legally bound by the terms
and conditions as are set out in this notice.
The user is therefore urged to familiarize him /
herself with these terms and conditions prior to
the usage of the website. If the user does not
wish to be bound by these terms and conditions,
then he / she may not access, display, use,
download and/or otherwise copy or distribute any
of the content of this website.
1. USER
PRIVACY
1.1 To
ensure acquaintance with and awareness of the
privacy measures and polices of PaySmart USA,
the user acknowledges that he / she has read and
understood the underlying privacy clauses
incorporated in these terms and conditions:
a)
the user may visit the website without providing
any personal information.
b) for PaySmart USA to
continually assess the popularity and use of the
website and improve it for the users, the
website server will collect information to
measure the number of visits, average time spent
at the website, pages viewed, etc.
c)
PaySmart USA however assumes no obligation to
protect any user’s information, and may copy,
distribute or otherwise use such information
without limitation.
2. USER
CONDUCT
2.1 The
user agrees that the use of this website will be
for lawful purposes only and no modification of
the material or content will be permitted.
2.2 The
user agrees that he / she will not use this
website for any unlawful purpose, including but
not limited to: a) commercial purposes; b)
commission of a criminal offense (including but
not limited to defaming, abusing, harassing,
stalking, threatening or otherwise violating any
legal rights of others; c) transmit unlawful
material; including but not limited to:
•
publishing, posting, uploading, distributing or
disseminating any inappropriate, profane,
defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information;
•
uploading
files that contain software or other material
protected by intellectual property laws (or by
rights of privacy of publicity);
•
uploading
files that contain viruses, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer;
•
falsify or
delete any author attributions, legal or other
proper notices or proprietary designations or
labels of the origin or source of software or
other material contained in a file that is
uploaded;
d) gain
unauthorized access to other computer systems,
with intention to harvest or otherwise collect
information about others, including e-mail
addresses, without their consent; or
e) violate
any applicable laws or regulations.
3.
UPDATING OF THESE TERMS AND CONDITIONS
3.1
PaySmart USA reserves the right to, from time to
time and at its own discretion, change, modify,
add to or remove from portions or the whole of
the terms and conditions. Changes to the terms
and conditions will become effective upon such
changes being posted to the website. It is thus
the user’s obligation to at all times, check the
terms and conditions on the website for changes
or updates.
3.2
The user’s
continued use of the website following the
posting of changes or updates will be considered
notice of the user’s acceptance to abide by and
be bound by the terms and conditions, including
such changes or updates.
4. LIMITATION
OF LIABILITY
4.1 The
user agrees to access and use this site entirely
at your own risk and all content on the website
is provided “as is” without any warranty or
condition of any kind.
4.2
PaySmart USA makes no representations or
warranties of any kind, whether express or
implied: a) as to the suitability, reliability,
availability, timeliness and accuracy of content
on the website; b) that the functions provided
by the website will be uninterrupted or
error-free, or that the website or the server is
free from viruses or other harmful components.
4.3 While
PaySmart USA will take every effort is made to
ensure that the information provided on the
website is current and accurate, the user should
not assume that the information on the website
is always current or accurate, and other sources
of this information should be consulted before
making any decision to act on the information
displayed on this website and the user
acknowledges that he / she will not hold
PaySmart USA, its parent companies,
subsidiaries, affiliates, directors, employees,
officials, suppliers, agents and/or
representatives, under no circumstances and will
keep them fully indemnified, from and against
any loss or damage suffered or liability
incurred in respect of any third party, which
arises from the user’s use of the website, and
such loss or damage may include but not limited
to, liable for any defamatory, offensive or
illegal conduct of other users or third parties.
4.4 The
user acknowledges that he / she will not hold
PaySmart USA, its parent companies,
subsidiaries, affiliates, directors, employees,
officials, suppliers, agents and/or
representatives liable for any direct, indirect,
punitive, incidental, consequential damages, or
any damages whatsoever arising from the use of
this website regardless of how the damages
arise, which damages may include but not limited
to: a) damages for loss of data or profits,
arising out of or in any way connected with the
use or performance of the website, including but
not limited to claim, demand, or damage, injury
caused by any failure of performance or errors,
omission, inaccuracy, interpretation, deletion,
defect, delay in accessing material or content
of the website, viruses, connection failures,
theft, alteration of use, attorneys' fees, or
any other action asserted by any third party due
to or arising out of your use of or conduct on
the website;
b)
incompleteness of material or content on the
website;
c) errors, omissions or inaccuracy of material
or content on the website;
d) the delay or inability to use the website or
related services;
e) the provision of or failure to provide
services or for any information, software,
products, services or related graphics obtained
through the website; or
f) any
other damages otherwise arising out of the use
of the website, whether based on contract, tort,
negligence, strict liability or otherwise even
if PaySmart USA has been advised of the
possibility of damages.
5.
PROPRIETARY RIGHTS TO CONTENT
5.1
PaySmart USA retains copyright in the website
and all current and future content that is
displayed on the website which is not owned by
third parties.
5.2 The
user acknowledges that content, including but
not limited to text, graphics or other material
contained in either sponsor advertisements or
electronically distributed, commercially
produced information presented to him / her by
the website is protected by copyrights,
trademarks, service marks, patents or other
proprietary rights and laws.
5.3 The
user may make a copy of this content for his /
her personal, non-commercial use only, provided
that he / she keeps all copyright and other
proprietary notices intact.
5.4 The
user may not, for any commercial purpose without
written prior consent of PaySmart USA, modify,
copy, reproduce, duplicate, republish, resell,
upload, post, transmit, or distribute in any way
content available through the website and its
associated web sites.
6.
EXTERNAL LINKS
6.1 This
website provides links to other websites.
6.2 The
fact that we have such links must not be
construed as constituting any relationship or
endorsement of the linked third party, and
reliance on all information and content provided
by the external links is done so at the user’s
own risk.
6.3 Third
party advertising and promotional material may
be displayed on the site from time to time, and
the display of such material should not be
construed as PaySmart USA’ endorsing or creating
any relationship between PaySmart USA and that
third party. Reliance on any such promotional or
advertising material is entirely at the user’s
own risk.
7. LINKING
Any third party wishing to link the website to
their website must obtain permission from
PaySmart USA by directing such request to the
webmaster, using the contact details in clause
11 below and permission may be granted on terms
and conditions agreed to by PaySmart USA.
8.
AMENDMENTS PaySmart USA reserves the right to
make changes and/or terminate access to any part
or the entire website and any related service(s)
at any time, with or without cause, with or
without notice, effective immediately, for any
reason whatsoever.
9. ENTIRE
AGREEMENT These terms and conditions constitute
the entire agreement with respect to use of the
website and supersede any and all previous
agreements, either verbal or written, with
respect to the use of this website.
10.
CONTACT DETAILS In the event that the user needs
to contact PaySmart USA for purposes related to
these terms and conditions, the following
contact details may be used: Email:
webquotes@paysmartusa.com.
11.
COPYRIGHT NOTICE
All
contents of the website are: Copyright ©
PaySmart USA 2010.
Any rights
not expressly granted herein are reserved.
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