Legal Notice of PayToo
These Terms and Conditions of Use ('Legal Notice') apply to the PayToo website located at www.paytoo.com and all associated sites. Each Company constituting the PayToo Group or DBA websites have their own separate policies and procedures. THE SITE IS THE PROPERTY OF PAYTOO GROUP. BY USING THIS SITE YOU AGREE TO THESE TERMS (LEGAL NOTICE). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. IF YOU ARE NOT OF SUFFICIENT LEGAL AGE TO PROVIDE INFORMATION OR ENTER CONTRACTS, PLEASE DO NOT USE THIS SITE. YOU MAY NOT USE THIS SITE OR OUR SYSTEMS AND SERVICES FOR ANY UNLAWFUL PURPOSE.
Void Where Prohibited
This site is accessible worldwide, but not all features may be available in every country. Any offer for any product, service, feature, or function offered on the site is void where prohibited.
Unless otherwise specifically indicated, you may download material displayed on the PayToo site for personal, non-commercial use only and you may not distribute, modify, transmit, use, or reuse any of the contents of the PayToo site for any public or commercial purpose without the written consent of PayToo. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the PayToo site you make and distribute for any purpose must also include these rules.
You may not attempt to gain unauthorized access to any part or function of this site or the systems that support it by hacking or any other unauthorized or illegal means. You may not use any device or program to attempt to interfere with the proper working of this site. You may not copy, scan, probe, or otherwise breach the security measures of this site or the systems that support it. You may not impersonate any other individual or entity. You agree to follow any applicable laws in your use of the PayToo site.
Copyrights, Other Rights
Everything on PayToo web sites is copyrighted unless otherwise noted and must not be used except as provided in the Legal Notice or with the express written consent of PayToo.com.
PayToo recognizes the logos and trademarks of VISA, DISCOVER and MAESTRO in accordance with the delivery of services to Paytoo.com by the company VISA, DISCOVER or MASTERCARD and this partner's Bank or card suppliers.
Images of people or places displayed on www.paytoo.com, www.PayToo.com, or www.gopaytoo.com are either the property of, or used with permission by, PayToo Group. Use of these images by you or other third parties is prohibited unless expressly permitted in the rules or elsewhere on the PayToo Group web sites. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
If you use PayToo and/or PayToo Services payment gateway for online transactions, we may provide your personal information to appropriate financial institutions, processors, and third parties under contract with our affiliates for providing a subset of the payment services (for example: credit authorization and fraud screening). For financial institutions and processors, federal and state privacy laws govern the use of personally identifiable consumer information. For other third parties under contract with PayToo Group and/or subsidiary, the use and distribution of your personal information will be used by such entity for its internal use related to fulfilling the transaction services for PayToo, will be treated as confidential by this entity, and will be transferred between PayToo and this entity only via encrypted means. We may also permit the merchant through which you placed your order to review the personal information you provide. The merchant's use of your personal information should be governed by your agreement with the merchant.
If we are required by law to disclose certain information to local, state, federal, national or international government or law enforcement authorities, we will do so.
If you believe you have made a payment in error or have any other issues or questions related to your payment history with PayToo, please contact Customer Service at +1.888.363 1895. Our customer service staff will work with you on an individual basis to meet your needs.
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. NEITHER PAYTOO NOR ANY OF ITS AFFILIATES, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, INCLUDING PUBLISHING ERRORS WITHIN ITS WEBSITES. PAYTOO AND ITS AFFILIATES, EMPLOYEES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PAYTOO SHALL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE OUR SERVICE IS SUBJECT TO MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS INTEGRATION PERIODS WITH NEW CLIENT COMPANIES, INTERNET DELAYS, DELAYS IN THE BANKING SYSTEM OR INTERNATIONAL MAIL SERVICES.
LIMITATION OF LIABILITY
IN NO WAY SHALL PAYTOO, OR ANY OF OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE, THE INABILITY TO USE THE SERVICE, ANY RESULTS FROM THE USE OR NON-USE OF THE SERVICE OR ANY OTHER CAUSE UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL NOT IN ANY WAY HOLD PAYTOO OR ANY OF OUR AFFILIATES, EMPLOYEES OR AGENTS RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES RELATED TO THE SERVICE, SUCH AS YOUR BANK. THE SOLE AND ENTIRE MAXIMUM AGGREGATE LIABILITY OF PAYTOO AND ITS AFFILIATES, EMPLOYEES AND AGENTS FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE PURCHASE COST OF THE SIM CARD PAID TO PAYTOO IN THE TWELVE MONTHS PRIOR TO ANY CLAIM. YOUR USE OF THE PAYTOO SITE AND SERVICES IS AT YOUR OWN RISK TO THE MAXIMUM EXTENT ALLOWED BY LAW.
WARRANTY AGAINST PAYTOO DAMAGE
You hereby agree to indemnify, defend and hold PayToo, its parent, subsidiaries, affiliates, officers, directors and employees harmless from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to
(i) Your breach or violation of this agreement,
(ii) Your use of the service,
(iii) Your infringement or violation of the intellectual property or other rights of third parties,
(iv) Any refunds or charge-backs of fees due PayToo that are initiated pursuant to Your request,
(v) Any credit card funded payments to debit/credit card that are reversed,
(vi) Any transactions that are conducted using debit/credit card following the closing of Your PayToo SIM Card,
(vii) Your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay PayToo expenses, as provided above, PayToo shall have the right to defend itself, and in that case, you shall reimburse PayToo for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of PayToo’s written requests.
Florida laws, Broward County or the appropriate local laws where the providing company will be registered will govern this agreement and your use of the service. You agree to the exclusive jurisdiction for any claims or disputes with PayToo Group through its administration or any of its affiliates, employees or agents to reside in US courts. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. You hereby submit to the exclusive US jurisdiction for any claims or disputes with PayToo Group or any of its affiliates, employees or agents.
PayToo shall have the right, at any time and without notice, to add to or modify the terms of this agreement, simply by delivering such amended terms to user by email at the address provided to PayToo by user or by posting the changes on our websites. User's access to or use of the service after the date such amended terms are delivered to user shall be deemed to constitute acceptance of such amended terms. User agrees to review these agreements periodically to be aware of such modifications. In the event that user does not agree to modifications made, user's only remedy is to cancel the PayToo SIM Card and all services with PayToo that they currently hold.
PAYTOO ACCEPTABLE USE POLICY FOR DID ("AUP-DID")
PayToo Group promotes a high level of responsible behaviour in connection with the use of PayToo's website as well as the use of PAYTOO's network. PAYTOO aims at maintaining a valuable service that meets the needs of the customer. To this end, PayToo Group created this AUP in order to:
ldefine acceptable practices for the use of any PAYTOO's services; Or PayToo’s Services (PayToo Group)
lprotect the interests, reputation and resources of PAYTOO and its customers against any abuses;
lprotect, as far as PAYTOO is reasonably able to do, the public Internet community as a whole from an improper and/or illegal use.
By using any of a PAYTOO service, the customer acknowledges that he has read, understood and agrees with the terms, conditions and notices of this policy. This AUP is used in conjunction with PAYTOO Terms of Sale ("Agreement").
In case the customer provides PAYTOO services to their own users or customers (e.g. end users, account holders or customers of those customers-resellers- or other third parties), the customer should ensure that their own customers and subscribers are aware of and comply with this AUP. The customer ensures that the own customer and subscriber have read, understood and agreed with the terms, conditions and notices of this AUP. For PAYTOO, customers own customers and subscribers are deemed to agree with the provisions of this AUP (and the time to time revision that might occur).
PAYTOO customers that provide services to their own customers and subscribers must affirmatively and contractually pass on the restrictions of this AUP to their users and customers and take steps to ensure compliance by their customers and subscribers with this AUP, including, without limitation, the ability to terminate the service to the subscriber, account holders or customers for violations of this AUP.
Any complaints or enquiries regarding any breach of this AUP shall be sent by e-mail to abuse@PayToo.com. In case customers are aware of any activity in violation of this AUP, customers must promptly report to PAYTOO by email to abuse@PayToo.com. PAYTOO will reasonably investigate incidents involving such violations. If necessary, Customers shall provide reasonable assistance to PAYTOO for this investigation and duly cooperate with any law enforcement or regulatory authority to investigate claims of criminal, illegal or inappropriate behaviour.
This AUP shall be governed by and construed in accordance with the Delaware Law and the relevant Delaware Court.
2. PAYTOO's right of modification
PAYTOO reserves the right to modify the AUP from time to time. Such modification will enter into force upon one month’s notice to customer.
Nevertheless, customers are recommended to monitor this web site (http://www.PAYTOO.com) for changes. The use of a PAYTOO services by a customer after changes to the AUP have been posted on PAYTOO website will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.
PAYTOO cannot monitor, control and censor the Internet or any content sent or received by the customer, its customers or a subscriber, and will not attempt to do so. In no event shall PAYTOO be liable to its customers (or any of their end users or accounts holders) nor any third party for any injury, loss resulting from inaccurate, unsuitable, offensive, illegal or unlawful use of services as set out in this AUP or any direct, indirect, special or consequential damages for actions pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise.
The responsibility for avoiding the harmful activities as set forth in this AUP rests primarily with the Customer. PAYTOO will not, as an ordinary practice, monitor the communications of customers to ensure that they comply with PAYTOO policy or applicable law. However, PAYTOO reserves the right to, where feasible, to implement technical mechanisms to prevent any violations of this AUP.
In case PAYTOO becomes aware of harmful communications, or when it is notified or becomes aware of actual or potential violations of this AUP, PAYTOO may take any action to stop the harmful activity. PAYTOO has the sole discretion to determine which action is appropriate under the circumstances. PAYTOO may take action immediately without regard to any cure periods that may be set forth in the applicable PAYTOO Terms of Sale.
PAYTOO shall have the sole right to interpret the meaning of any provision of this AUP or whether a customer or any of its customer’s or subscriber’s activity violates this AUP.
PAYTOO is not liable for the security of communications transmitted over PAYTOO's facilities.
Customers are responsible for protecting the confidentiality of their password, user names and user’s account. Customers may not share them with any other person, even if related in any way. Customers may not transfer their account to anyone without prior written consent of PAYTOO.
In case a customer loses its username, customer should send an email explaining the situation to sales@PayToo.com. In case a customer loses its password it may click the “I forgot my password” button. In case a customer has good grounds to believe that the security of its password might have been compromise he should promptly sent an email to sales@PayToo.com.
4. Prohibited use
In general, customers may not use the PAYTOO network, application or services in any manner which:
lviolates any applicable law, regulation, treaty or tariff;
lviolates the acceptable use policies of any networks, application, machines or services which are accessed through PAYTOO’s network;
linfringes on the intellectual property rights of PAYTOO or others;
lviolates the privacy of others;
linvolves deceptive online marketing practices.
Solely as guidance to the customer, prohibited activities include, but are not limited to, the following:
lattempting to interfere with or denying service to any user or host (e.g. denial of service attacks);
lattempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any PAYTOO services or those of any other party;
lfalsifying header information, user identification or user information;
lintroduction of malicious programs into the network (e.g. viruses, worms, Trojan horses, etc.);
lmonitoring or scanning the networks of others without permission (e.g. port scan);
lattempted or successful security breaches or disruption of Internet communication, including without limitation accessing data, machines or networks of which the customer is not an intended recipient or user or logging into a server or account that the customer is not expressly authorized to access (e.g. hacking or cracking);
lexecuting any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for the customer;
lusing any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
lsending unsolicited commercial spam through the PAYTOO network;
ltransmitting or receiving copyright infringing material, including but not limited to copyrighted music, video, software, books, programs or other published material;
ltransmitting or receiving obscene, indecent, offensive, racist, defamatory, unreasonably violent, threatening, intimidating or harassing material;
lother activities, whether lawful or unlawful, that PAYTOO or any of its third party providers or peering partners determines to be harmful to its customers, subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service.
5. Consequences of a prohibited use
Any violation of any of the policies described below grants PAYTOO the authority to take action to restrict or terminate your access to the services.
Notwithstanding anything herein to the contrary, a violation of this AUP by a customer or a customer's own user or customer are considered as a violation of this AUP by PAYTOO 's customer. PAYTOO may take immediate action, without regard to any cure periods in the Agreement, in response to such violation, including, but not limited to, termination of the Agreement.
Moreover, customers who violate this AUP may incur criminal or civil liability. PAYTOO may refer violators to civil or criminal authorities for prosecution, and, if needed for the related investigation, will fully cooperate with the relevant government authorities. In case PAYTOO is required by court orders, statutes, regulations or governmental requests to disclose information transmitted through its facilities, PAYTOO will duly and entirely cooperate. Respecting all laws applicable (especially privacy law), PAYTOO may disclose information transmitted over its facilities where necessary to protect PAYTOO and its customers from harm, or where such disclosure is necessary to the proper operation of the system.
In case of prohibited activities by the customer or the customer's own user or own customer, PAYTOO reserves the right to charge the customer to cover administrative costs related to Page 4 of 4these activities including, but not limited to, recovery of the costs of identifying offenders and restricting or terminating the access to the services.
6. Copyright and trademarks
All PAYTOO web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of PAYTOO CORP © 2005-2012 all rights reserved.
The PAYTOO and PAYTOO trade names and trade marks, the PAYTOO and PAYTOO logos; and all other related names, design marks, product or feature names are either registered trademarks or trademarks of PAYTOO CORP. PAYTOO marks may not be used without the express written permission of PAYTOO SA. All other products and services referenced in this site are the trademark or services marks of their respective owners.
Customers acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any PAYTOO service. Nothing on any PAYTOO website shall be interpreted or implied in such as conferring any right or license to any intellectual property rights, content, technology, system, process, or related material belonging to PAYTOO by virtue of it being displayed or made accessible on any PAYTOO website. Except as expressly authorized, customers agree not to use the website www.PayToo.com or any PAYTOO services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any PAYTOO services.