1. About these Payment Processing Terms and Conditions

1.1. These Card Terms and Conditions constitute the Agreement between you, the Payer, and the Processor for the processing of payment transactions and related matters.

1.2. The Processor, this is, Cutros Group Inc., is registered under the laws of British Colombia (Canada), with company registration number BC1449093, with its registered offices at 905 West Pender Street 6TH FL, Vancouver, British Columbia, Canada. The Processor is registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), holding MSB registration number M24887352.

1.3. By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of these Terms and Conditions by any other method allowed by the Processor, Payer acknowledges and agrees that: (i) it has reviewed and understands these Terms and Conditions; (ii) it agrees to be legally bound by these Terms and Conditions; and (iii) its use of the services will be governed by this Agreement. If Payer does not agree or is not willing to be bound by these Terms and Conditions, Payer should not click on the “I AGREE” button.

2. Payment Processing

2.1. Payment for the goods/services that the Payer wants to purchase from Merchant may be effectuated by a debit/credit card. Payer authorizes Processor and/or its authorized agents to transact such payments initiated by the Payer. Unless you have good reason to believe your debit/credit cards you use to purchase the goods/services is lost or stolen, you agree not to report that debit/credit cards as lost or stolen. In case you fraudulently report your debit/credit card used to get the goods/services as stolen, or if you fraudulently report that an authorized charge processed by the Processor is unauthorized, you shall be liable to the Processor for liquidated damages.

3. Interruptions or Discontinuation

3.1. Processor may suspend the provision of the payment processing services for repair, maintenance, and/or upgrade work. In such an event, the Processor shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience as reasonably possible.

3.2. The Processor reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the payment processing services, or the payment processing services themselves.

3.3. The Processor aims to make the system as widely accessible as possible. Because of the technical aspects of Internet and mobile phone connections, over which the payment processing services has no influence, disruptions may however arise from time to time in the data transfer. The Processor cannot, therefore, give any guarantee on the accessibility of the system or for the accessibility of individual participants, however, providing the best possible performance is one of the main goals of the Processor.

4. Limitation of liabilities and disclaimer of warranties

4.1. Except in jurisdictions where such provisions are restricted, you agree that the Processor’s entire liability to you or any third person, and your or any third person’s exclusive remedy, in law, inequity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the fees paid to the Processor.

4.2. Except in jurisdictions where such provisions are restricted, the Processor, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages. Even if the Processor has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, the Processor liability is limited to the extent permitted by law in such country.

4.3. You are fully responsible for all activities within your password or account or through your subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the payment processing services.

4.4. The Processor will take reasonable measures to maintain the privacy and security of all private information provided by you, but third parties (such as hackers) may breach or attempt to breach the Processor’s security measures or may gain unauthorized access to the Processor or other equipment containing your information. You agree that the Processor shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Processor website or any other processor equipment or payer information.

4.5. Without limitation to the foregoing, and due to the complexity, variability and number of intermediaries/third parties involved with the provision of our Services, Internet connection, the development and speed of development, along with the spread of malicious code over the Internet, the Processor cannot give any guarantees as to the provision or constant provision of services, services being available by any particular time, or integrity of data stored or transmitted via our system or the Internet. The Processor will use all reasonable efforts to ensure that its systems are secured from any and all unauthorized access or the effects of any malicious code, but will not be held liable for any or all inadvertent disclosure of, corruption or erasure of any or all data transmitted, received or stored on its systems despite their efforts.

4.6. Processor may not be held liable as regards the provision to Processor’s servers of transaction data regarding payments. The Merchant from which you want to purchase goods/services shall be exclusively responsible for the security of data transmission to Processor servers, as well as for the correctness and appropriate format of the data. As regards a loss of data after they have been submitted by the Merchant to Processor, Processor disclaims any and all liability for any harm, loss or injury resulting from the fact that no proper backup copy was made by the Merchant (or a third party authorized by the Merchant in this respect) on the Merchant’s systems prior to transmission, if such backup is permitted under the applicable law and requirements of relevant Intermediary Institutions.

5. Personal Data

5.1. Data protection is of utmost importance to the Processor. The Processor handles any data strictly confidentially and in accordance with the respective data protection laws and regulations. Payer data is always stored securely. However, to operate such a system and to prepare invoices it is sometimes necessary to store data and pass data on to third parties. Therefore, the Payer understands that the Processor will be able to collect, process and store personal, invoicing, mail, chat and access data.

5.2. By proceeding to use the Processor services you acknowledge that Processor, including other third parties that provide services to the Processor, process and store your personal data and may share such data with other entities, exercising our rights and obligations as data controller and data processor, depending on a role carried out during the provision of payment services.

5.3. Data will be used for processing of payment orders, invoicing, for technical administration, for consumer information according to our privacy policy, for fulfilling of legal and reporting obligations.

5.4. You may have the following rights in connection with the collection and processing of your personal data: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to erasure; (v) the right to restrict processing; (vi) the right to data portability; (vii) the right to object; (viii) the rights in relation to automated decision making and profiling. Processor may not be able to allow enforcement of some of these rights if such rights are superseded by legal obligations of Processor, in this case, a detailed explanation will be provided by Processor.

5.5. We process information about you in accordance with our Privacy Policy. By using the payment processing services, Payer consents to such collection and processing and Payer warrants that all data provided by you is accurate. You are responsible for reviewing the terms of the Privacy Policy, awareness and execution of your rights. By continuing to use the Services you are confirming that you accept the terms of the Privacy Policy.

5.6. You expressly authorize The Processor to monitor, record and log all your online activities on the website, according to business and legal grounds described in Privacy Policy.

5.7. You agree that in order to fulfil the payment processing services, your personal data may be transferred to third countries. Processor will have data protection processes in place to ensure such transfers comply with the requirements of applicable data protection laws and regulations.

5.8. You can exercise your rights, or get an answer in regards to any questions or requests for information regarding data protection via an email to [email protected] or by sending a letter to our legal address. You must identify yourself and provide proof of identification to ensure that the answer is actually provided to the affected person.

6. Intellectual Property Rights

6.1. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (“the Processor Intellectual Property Rights”) are owned by the Processor or its licensors, and you agree to make no claim of interest in or ownership of any such the Processor Intellectual Property Rights.

6.2. You acknowledge that no title to the Processor Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

7. Indemnification

7.1. You agree to indemnify and hold the Processor, its parent, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of or in connection with the use of the payment processing services.