Users of the Services offered by Kickpay acknowledge and accept these terms and conditions.
Kickpay Inc. – 775 Post St #211 – 94109 San Francisco, CA (USA)
Kickpay is a a marketplace where businesses can sell their account receivables to investors.
Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Kickpay and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
The information provided by the Owner in connection with Kickpay is the property of and/or proprietary to the Owner. The Owner hereby grants you a limited, non-exclusive, non-transferable and non-sublicensable right and license, solely for your personal or internal business use, to use Kickpay and the services provided thereon. You may not resell, license or otherwise redistribute Kickpay content or services. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark or other the Owner proprietary right, and you expressly agree not to make any use of any such the Owner proprietary right. This includes, but is not limited to, all patentable subject matter, whether registered or not, trade secrets, copyrights and copyrightable subject matter, all trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Kickpay and that are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Kickpay.
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of Kickpay.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
The Owner reserves the right to modify these Terms at any time. The Owner may inform the Users about such changes by publishing a notice within Kickpay. Users are in any case required to periodically check this Terms for updates.
Users who continue to use Kickpay after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Kickpay must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by Kickpay as described in these Terms and in Kickpay.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.