Paytree eCommerce Terms of Service (Anzili)

Effective Date: January 31, 2020

Posted Date: January 2, 2020

These eCommerce Terms of Service (“eCommerce Terms”) are a legal agreement between you, as a current or prospective customer of Paytree’s services (“you,” “your”) and Paytree Group Limited (” Paytree,” ” Anzili,” “we,” “our” or “us”) and govern your use of Paytree’s services, including eCommerce, mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms and that business accepts these terms. By using any of the Services, you agree to these eCommerce Terms and any policies referenced within. You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.

1. Account Terms

You are responsible for your Account and any Materials you upload to the Paytree Service. Remember that if you violate these terms, we may cancel your service.

If we need to reach you, we will send you an email.

1. To access and use the Services, you must register for a Anzili and Paytree account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Paytree may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. 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.
3. You confirm that you are receiving any Services provided by Paytree for the purposes of carrying on a business activity and not for any personal, household or family purpose.
4. You acknowledge that Paytree 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.
5. You are responsible for keeping your password secure. Paytree cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
6. 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”).
7. A breach or violation of any term in the Terms of Service or other related legal agreements, as determined in the sole discretion of Paytree may result in an immediate termination of your Services.

2. Account Activation

Only one person can be the “Merchant”, usually the person signing up for the Paytree Service. The Merchant is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Merchant responsible for your Account.

2.1 Merchant

1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Merchant”) 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 Merchant in connection with the Service.
2. If you are signing up for the Services on behalf of your employer, your employer shall be the Merchant. 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.
3. Your Anzili Store can only be associated with one Merchant. A Merchant may have multiple Anzili Stores. “Store” means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

1. You can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Merchant can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to information on the Reports page or prevent Staff Accounts from changing settings).
2. The Merchant 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 Merchant’s own acts, omissions or defaults.
3. The Merchant and the users under Staff Accounts are each referred to as a “Paytree User”.

2.3 Paytree Payments Accounts

1. You must open an account with us (a “Paytree Account”) to use the Services. During registration, we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Paytree Account, including for any actions taken by persons to whom you have granted access to the Paytree Account. We reserve the right to suspend or terminate the Paytree Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

2.4 Domain Names

You may purchase a domain via our partners, or choose to get a domain from any other source. You acknowledge that it is your sole responsibility to manage your own domain for use with the Anzili service.

3. General Conditions

The Anzili service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use Paytree’s APIs, you will comply with our API terms.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

You must read, agree with and accept all of the terms and conditions contained in these Paytree Terms of Service, including the Privacy Policy and related policies as available on https://paytreegroup.com/legal before you may become a Paytree User.

1. Technical support in respect of the Services is only provided to Paytree Users.
2. The validity, construction and interpretation of this Agreement and the rights and duties of the parties hereto shall be governed by the laws of Kenya.
3. You acknowledge and agree that Paytree may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Paytree’s website, available at https://paytreegroup.com/legal and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Paytree’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4. You may not use the Paytree Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Kenya. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Paytree.
6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Paytree, Anzili or Paytree trademarks and/or variations and misspellings thereof.
7. Questions about the Terms of Service should be sent to Anzili Support.
8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
9. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Paytree, is governed by its privacy policy at https://www.paytreegroup.com/legal/privacy
10. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Paytree shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Paytree’s prior written consent, to be given or withheld in Paytree’s sole discretion.
11. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
12. Sections 1, 3(2)-(5), 4, 6-8, 13-14, 16(9)-(11), 18, 20 and 21 will survive the termination or expiration of these Terms of Service.

4. Paytree Rights

We can modify, cancel or refuse the service at any time. In the event of an ownership dispute over a Paytree account, we can freeze the Anzili account or transfer it to the rightful owner, as determined by us.

• 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.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Terms of Service.
• Verbal or written abuse of any kind (including threats of abuse or retribution) of any Paytree customer, Paytree employee, member, or officer will result in immediate Account termination.
• Paytree does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
• 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 Paytree employees and contractors may also be Paytree customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
• 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 photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
• Paytree retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Merchant. If we are unable to reasonably determine the rightful Merchant, without prejudice to our other rights and remedies, Paytree reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Confidentiality

Both you and Paytree agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

1. “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. Paytree’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.
2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

6. Limitation of Liability

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.

1. You expressly understand and agree that, to the extent permitted by applicable laws, Paytree 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.
2. To the extent permitted by applicable laws, in no event shall Paytree or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Paytree partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
3. 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.
4. Paytree does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5. Paytree does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
6. Paytree 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.

7. Waiver and Complete Agreement

If Paytree chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Paytree don’t apply if they conflict with these terms.

The failure of Paytree to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Paytree and govern your use of the Services and your Account, superseding any prior agreements between you and Paytree (including, but not limited to, any prior versions of the Terms of Service).

8. Intellectual Property and Customer Content

Anything you upload remains yours and is your responsibility.

1. We do not claim any intellectual property rights over the Materials you provide to the Paytree Service. All Materials you upload remains yours. You can remove your Paytree Store at any time by deleting your Account.
2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Paytree to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Paytree can, at any time, review and delete all the Materials submitted to its Service, although Paytree is not obligated to do so.
3. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
4. Paytree 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.

9. Theme Store

You can purchase our Themes to use for one Store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

1. You may establish the appearance of your Anzili Store with a design template from Anzili’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store.
2. You may modify the Theme to suit your Store. Paytree may add or modify the footer in a Theme that refers to Anzili at its discretion. Paytree may modify the Theme where it contains, in our sole discretion, an element that violates the Paytree Terms of Service, even if you received the Theme in that condition. Paytree may modify the Theme to reflect technical changes and updates as required.
3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Paytree may take administrative action such as modifying your Store or closing your Store.
4. Technical support for a Theme is the responsibility of the designer, and Paytree accepts no responsibility to provide such support. Paytree may be able to help you contact the designer.
5. It is the responsibility of the user, and not Paytree, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or UI, of the user.

10. Payment of Fees

1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, and any fees relating to your purchase or use of any products or services such as Paytree Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
2. 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 Paytree’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 Merchant via the email provided. As well, an invoice will appear on your Paytree account.
3. All Fees are exclusive of applicable government, local or other applicable taxes.
4. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Paytree’s products and services. To the extent that Paytree charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Paytree of your exemption. If you are not charged Taxes by Paytree, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
5. For the avoidance of doubt, all sums payable by you to Paytree under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Paytree to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Paytree shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
6. You must maintain an accurate location in the administration menu of your Paytree Store. If you change jurisdictions you must promptly update your location in the Anzili store.

To initiate a termination contact Anzili Support. Paytree will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Paytree will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.

1. You may cancel your Account and terminate the Terms of Service at any time by contacting Anzili Support and then following the specific instructions indicated to you in Paytree’s response.
2. Upon termination of the Services by either party for any reason:

1. Paytree will cease providing you with the Services and you will no longer be able to access your Account;

2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

3. any outstanding balance owed to Paytree for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

4. your Store website will be taken offline.

3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
4. We reserve the right to modify or terminate the Paytree eCommerce Terms of Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
5. Fraud: Without limiting any other remedies, Paytree 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.

12. Modifications to the Service and Prices

1. Prices for using the Services are subject to change upon 30 days’ notice from Paytree. Such notice may be provided at any time by posting the changes to the Paytree and Anzili Site or the administration menu of your Anzili Store via an announcement.
2. Paytree 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.
3. Paytree shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

13. Third Party Services, Experts, and Experts Marketplace

We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the Paytree platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

1. Paytree may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Paytree App Store, or Experts Marketplace. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
2. Any use by you of Third-Party Services offered through the Services or Paytree’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. In some instances, Paytree may receive a revenue share from Third Party Providers that Paytree recommends to you or that you otherwise engage through your use of the Services.
3. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Paytree has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services on Paytree’s websites, including on Anzili, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Paytree. Paytree does not guarantee the availability of Third-Party Services and you acknowledge that Paytree may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. Paytree is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. Paytree strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates, you should charge to your customers.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Paytree is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.
5. Google Maps is a Third-Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
6. The relationship between you and any Third-Party Provider is strictly between you and such Third-Party Provider, and Paytree is not obligated to intervene in any dispute arising between you and a Third-Party Provider.
7. Under no circumstances shall Paytree be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider, including any Expert. These limitations shall apply even if Paytree has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
8. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Paytree partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service or your relationship with a Third-Party Provider.

14. Beta Services

From time to time, Paytree may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta feature that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Paytree will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Paytree Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Paytree’s prior written consent. Paytree makes no representations or warranties that the Beta Services will function. Paytree may discontinue the Beta Services at any time in its sole discretion. Paytree will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Paytree may change or not release a final or commercial version of a Beta Service in our sole discretion.

15. Feedback and Reviews

Paytree welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third-Party Provider (collectively, “Feedback") to Paytree be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Paytree (whether submitted directly to Paytree or posted on any Paytree hosted forum or page), you waive any and all rights in the Feedback and that Paytree is free to implement and use the Feedback if desired, as provided by you or as modified by Paytree, without obtaining permission or license from you or from any third party. Any reviews of a Third-Party Service or Third-Party Provider that you submit to Paytree must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Paytree reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third-Party Providers, but does not regularly inspect posted Feedback.

16. DMCA Notice and Takedown Procedure

Paytree respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Paytree a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

Paytree supports the protection of intellectual property and asks Paytree merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Paytree’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

17. Rights of Third Parties

Only Paytree, Paytree Users and persons accessing Paytree Services have any rights under these Terms of Service.

Save for Paytree and its affiliates, Paytree Users or anyone accessing Paytree Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

18. Privacy & Data Protection

Paytree 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 Paytree’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.