Paytree eCommerce Terms of Service (Mzizzi)
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,” ” Mzizzi,” “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
If we need to reach you, we will send you an email.
1. To access and use the Services, you must register for a Mzizzi 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
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
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
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 Mzizzi Store can only be associated with one Merchant. A Merchant may have multiple
Mzizzi Stores. “Store” means the online store or physical retail location(s) associated with
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
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 Mzizzi service.
3. General Conditions
The Mzizzi 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
policies as available on https://paytreegroup.com/legal before you may become a Paytree
- Technical support in respect of the Services is only provided to Paytree Users.
- 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.
- 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.
- 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.
- 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.
- You shall not purchase search engine or other pay per click keywords (such as Google
AdWords), or domain names that use Paytree, Mzizzi or Paytree trademarks and/or
variations and misspellings thereof.
- Questions about the Terms of Service should be sent to Mzizzi Support.
- 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.
- You acknowledge and agree that your use of the Services, including information
- 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.
- 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.
- 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 Mzizzi 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
- 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
- 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.
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
- “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.
- 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.
- 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.
- 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.
- 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
- Paytree does not warrant that the Services will be uninterrupted, timely, secure, or
- Paytree does not warrant that the results that may be obtained from the use of the
Services will be accurate or reliable.
- 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.
- 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.
- 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.
- 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
- 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.
- You may establish the appearance of your Mzizzi Store with a design template from
Mzizzi’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.
- You may modify the Theme to suit your Store. Paytree may add or modify the footer in a
Theme that refers to Mzizzi 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.
- 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.
- 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
- 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
10. Payment of Fees
- 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”.
- 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.
- All Fees are exclusive of applicable government, local or other applicable taxes.
- 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
- 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
- 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 Mzizzi store.
11. Cancellation and Termination
To initiate a termination contact Mzizzi 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
We may change or terminate your account at any time. Any fraud and
we will suspend or terminate your account.
- You may cancel your Account and terminate the Terms of Service at any time by contacting
Mzizzi Support and then following the specific instructions indicated to you in
- 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.
- 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.
- 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.
- 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
- 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 Mzizzi
Site or the administration menu of your Mzizzi Store via an announcement.
- 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.
- 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.
- 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.
- 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.
- 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
Mzizzi, 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
- 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.
- 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
- 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.
- 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.
- 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.
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