PLEASE NOTE: Pro
Secure Ltd. IS AN ONLINE SERVICE PROVIDER AND NOT A
PUBLISHER OR EDITOR OF CONTENT. PRO SECURE LTD. DOES
NOT APPROVE OR ASSUME EDITORIAL CONTROL OVER ANY CONTENT
OFFERED FOR DOWNLOAD BY A PRO SECURE LTD. SUBSCRIBER.
PRO SECURE LTD. DOES NOT STORE ANY CONTENT ON ITS SERVERS.
PRO SECURE LTD. PROVIDES A MEANS FOR NOTICE AND TAKE-DOWN
UNDER THE DMCA. IF YOU HAVE ANY ISSUES CONCERNING INTELLECTUAL
PROPERTY, PLEASE PAY CLOSE ATTENTION TO THE SECTION
OF THIS ACCEPTABLE USE POLICY THAT GOVERNS INTELLECTUAL
PROPERTY.
I. General Description of Agreement
A.
What This Agreement Covers
(i) Definitions
"Subscriber" means any
person or business entity that (a) downloads, attempts
to download, or otherwise utilizes any uniform resource
locator (URL) resource that resides entirely upon a
server owned/operated by PRO SECURE LTD.; (b) any person
or entity that transmits electronic mail, files, or
other data transmission into any network owned/operated
by PRO SECURE LTD.; (c) and person or business entity
linked to a URL resource owned/operated by PRO SECURE
LTD.; and (d) any person or entity that contacts PRO
SECURE LTD. through the use of any telecommunications
network.
"PRO SECURE LTD." means
PRO SECURE LTD., its successors, and assigns.
This Agreement between you, Subscriber
and PRO SECURE LTD. governs the use, download, and storage
of any PRO SECURE LTD. website ("Site/URL"),
including the sending of any electronic mail communication
into the PRO SECURE LTD. network, and use of any PRO
SECURE LTD. resources ("Service(s)" authorizing
PRO SECURE LTD. to charge your credit/debit card, checking
account, and/or telephone invoice. These Services permit
Subscribers to perform a number of interactive functions
through the use of a personal computer.
B.
Accepting the Agreement
When you use any of the Services
described in this Agreement, or authorize others to
use them, you agree to the terms and conditions of the
entire Agreement.
C.
Relation to Other Agreements
Your use of Services may also
be affected by other agreements between you and PRO
SECURE LTD.. When you use, download, and store any PRO
SECURE LTD. website, you do not change the agreements
you already have with us. For example, when you use
PRO SECURE LTD. Complete to allow your customers to
purchase a subscription with their credit card, you
do so under the terms and conditions for the particular
service. (i.e.: PRO SECURE LTD. Complete). You should
review those agreements for any applicable fees and
for other restrictions, which might impact your use
of any other PRO SECURE LTD. Services.
II. Description of the Services.
A.
Services for Consumers:
PRO SECURE LTD. allows Subscribers
to transmit data to various financial networks and telecommunication
networks for settlement. In order to enroll in any PRO
SECURE LTD. Service, you must be at least 18 years of
age; you must populate every field on every form presented
to you with accurate data; you must have a valid email
address; and you must agree to be bound by this Agreement
and/or any other agreement governing your use of the
Service and/or particular resource. Your failure to
populate every field may result in your waiver of certain
rights under this Agreement, or other agreements.
Credit/Debit Card Authorization:
By submitting your credit/debit
card ("Bank Card") data to PRO SECURE LTD.,
you authorize PRO SECURE LTD. in its complete discretion
to submit a financial transaction(s) to your issuing
bank for settlement. You agree that once PRO SECURE
LTD. has approved or declined your transaction, PRO
SECURE LTD. has fully performed under the terms of this
Agreement.
You
agree to contact PRO SECURE LTD. in the event that you
desire to cancel any recurring charge, prior to the
next billing cycle. Should you fail to contact PRO SECURE
LTD., you agree to indemnify and hold PRO SECURE LTD.
harmless from any losses or damages that you suffer
as a result of a recurring charge. PRO SECURE LTD. may
be contacted at: support@ProSecurepayment.com
210,
St James Court
St Denis Street
MU- Port Louis
Tel : +41 21 695 6009
Fax : +41 21 695 6001
Mail : Contact@ProSecurePayment.com
If you think that there is an
error on your account, including an incorrect amount
or unauthorized transaction, you agree to contact PRO
SECURE LTD. within the below time periods. Upon proper
notification, PRO SECURE LTD., in its sole discretion
may issue a credit to your Bank Card:
• EU and USA Issued Bank Cards Within 120 days
of the transaction.
• International Issued Bank Cards Within 180 days
of the transaction.
III.
Intellectual Property
A. Online Copyright Infringement Liability Limitation
Act.
Your acceptance of this Agreement,
and use of any PRO SECURE LTD. Service requires that
you abide by the Copyright laws of the United States
and the members of the Berne Convention. This being
the case, we demand that you use due diligence when
purchasing content, or creating your own. You should
have available for inspection any license, or model
release.
PRO SECURE LTD. does not initiate
the transmission of any copyrighted material, other
than that PRO SECURE LTD. owns. The transmission or
routing of financial communications through the PRO
SECURE LTD. Service is purely an automatic and technical
process. PRO SECURE LTD. does not select any recipient
of any copyrighted material, except as an automatic
response to a request for works PRO SECURE LTD. owns
the copyright to. No copyrighted material, other than
that owned by PRO SECURE LTD. passes through the PRO
SECURE LTD. system. PRO SECURE LTD. never modifies any
copyrighted material other than its own.
PRO SECURE LTD. has adopted, implimented,
and published a policy that provides for the termination
in appropriate circumstances of subscribers and account
holders of our system who infringe copyright. The determination
and classification of an infringer," is in our
complete discretion.
If
you believe that PRO SECURE LTD. is hyperlinked to a
website that is infringing upon your copyrighted works,
you may send a notice to the following email addresses,
or copyright@ProSecurepayment.com , or to: PRO SECURE
LTD., Copyright Department, 210,
St James Court St Denis Street MU- Port Louis
Tel : +41 21 695 6009 Mail : Contact@ProSecurePayment.com
Your notice should include the
following:
1. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
or other intellectual property interest;
2. A description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief
that the disputed
5. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
or intellectual property owner, its agent, or the law;
6. A statement by you made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual
property owner's behalf.
In appropriate circumstances,
and in PRO SECURE LTD.'s reasonable discretion, PRO
SECURE LTD. shall expeditiously disable access to the
interactive service.
B.
The Lanham Act
PRO SECURE LTD. does not tolerate,
and will not provide its Service to any Subscriber that
is committing acts constituting trademark infringement,
unfair competition, or any other violation under the
Lanham Act, or state or foreign trademark laws.
PRO SECURE LTD. reserves the right,
in its complete discretion, to cancel a contract, or
disable processing for any Subscriber in the event that
PRO SECURE LTD. believes that the Subscriber is committing
acts of trademark infringement.
IV. PRO SECURE LTD. Privacy Policy
PRO SECURE LTD. maintains its
privacy policy at the following location: http://www.ProSecurepayment.com/services-client/privacy.
V. Subscriber Accounts, Passwords, and Security
Some interactive resources provided
to you require a username and password scheme. You are
responsible for maintaining the confidentiality and
security of your username password, and you are fully
responsible for any activity that occurs under your
password or account. You agree to immediately notify
PRO SECURE LTD. of any unauthorized use of your password
or account, and ensure that you properly log-off any
session that requests resources protected by secure
hardware/software schemes. PRO SECURE LTD. shall not
be liable for any loss or damages arising from your
failure to comply with this section V.
VI. Subscriber Conduct
You understand that all information,
data, text, software, music, sound, photographs, graphics,
movies, videos, messages, or other materials, ("Content")
whether publicly posted or privately transmitted, are
the sole responsibility of the person from which the
Content originated. This means that PRO SECURE LTD.
is not responsible for any online activity. You understand
that some of the Content may be offensive, indecent,
or objectionable. Under no circumstances, will PRO SECURE
LTD. be liable in any manner for any Content, including,
but not limited to, any errors or omissions, or for
any loss or damage of any kind incurred as a result
of the use of any Content.
You agree not to use any PRO SECURE
LTD. Service to:
• Uupload, post, email, transmit, or otherwise
make available any Content that is unlawful, harmful,
threatening, abusive, or harassing;
• harm minors in any manner;
• impersonate any person or entity;
• forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted;
• upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark,
trade secret, copyright or other intellectual property
right;
• upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, or junk mail;
• upload, post, email, transmit or otherwise make
available any material that contains software viruses
or any other computer code;
• disrupt the normal flow of data or otherwise
interfere with any data communications;
• stalk, or otherwise harass another; or
• collect, or store personal data about other
subscribers, without first establishing and enforcing
a privacy policy with at least as much protections as
the PRO SECURE LTD. Privacy Policy.
PRO SECURE LTD. has no obligation
to monitor the Content.. However, PRO SECURE LTD. reserves
the right to review Content and decide as to whether
PRO SECURE LTD. is interested in the provision of Services
in connection with said Content. PRO SECURE LTD. reserves
the right to terminate your access to any or all of
the Services at any time, without notice, for any reason
whatsoever.
PRO SECURE LTD. reserves the right
at all times to disclose any information as PRO SECURE
LTD. deems necessary to satisfy any applicable law,
regulation, legal process or governmental request
Always use caution when giving
out any personally identifiable information about yourself
or your children in any non-PRO SECURE LTD. controlled
environment. PRO SECURE LTD. does not control or endorse
the Content, messages or information found in any resource,
other than those controlled by PRO SECURE LTD. and,
therefore, PRO SECURE LTD. specifically disclaims any
liability with regard to the Content and any actions
resulting from your use thereof.
VII. Software
All
Content and software (if any) that is made available
to view and/or download in connection with the PRO SECURE
LTD. Site/Service/Software, excluding content and/or
software that may be made available by end-users through
a non-PRO SECURE LTD. controlled resource, is owned
by and is the copyrighted work of PRO SECURE LD. and/or
its suppliers and is protected by copyright laws and
international treaty provisions. Your use of the Site/Service/Software
is governed by the terms of this Agreement, as well
as the agreement connected to any PRO SECURE LTD. Service.
You may not install or use any Site/Service/Software
unless you first agree to this Agreement, as well as
the agreement connected to the particular PRO SECURE
LTD. Site/Service/Software.
PRO
SECURE LTD. grants to you, the Subscriber, a revocable
personal, non-transferable license to use the Site/Service/Software
as detailed in this Agreement, and for no other purpose
provided that you keep intact all copyright and other
proprietary notices. Any reproduction or redistribution
of the Site/Service/Software is expressly prohibited
by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. You acknowledge that the Site/Service/Software,
and any accompanying documentation and/or technical
information, is subject to applicable export control
laws and regulations of Mauritius. You agree not to
export or re-export the Site/Service/Software, directly
or indirectly, to any countries that are subject to
Mauritius export restrictions.
VIII. Liability Disclaimer
THE INFORMATION, SITE/SERVICE/SOFTWARE,
AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE PRO
SECURE LTD. SITES/SERVICE/SOFTWARE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE
TO THE PRO SECURE LTD. SITE/SERVICE/SOFTWARE AND TO
THE INFORMATION THEREIN. PRO SECURE LTD. AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRO SECURE LTD. SITE/SERVICE/SOFTWARE AT ANY
TIME. ADVICE RECEIVED VIA THE PRO SECURE LTD. SITE/SERVICE/SOFTWARE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PRO SECURE LTD. AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES
OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS
CONTAINED WITHIN THE PRO SECURE LTD. SITE/SERVICE/SOFTWARE
FOR ANY PURPOSE. ALL SUCH INFORMATION, SITES/SERVICE/SOFTWARE,
PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. PRO SECURE LTD.
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT PRO
SECURE LTD. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR
RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A
PRO SECURE LTD. SITES/SERVICE/SOFTWARE. YOU SPECIFICALLY
AGREE THAT PRO SECURE LTD. IS NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR
ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PRO SECURE
LTD. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN A PRO SECURE LTD. SITES/SERVICE/SOFTWARE
BY ANY THIRD PARTY.
IN NO EVENT SHALL PRO SECURE LTD.
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE PRO SECURE LTD. SITES/SERVICE/SOFTWARE, WITH
THE DELAY OR INABILITY TO USE THE PRO SECURE LTD. SITES/SERVICE/SOFTWARE,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS,
AND RELATED GRAPHICS OBTAINED THROUGH THE PRO SECURE
LTD. SITES/SERVICE/SOFTWARE, OR OTHERWISE ARISING OUT
OF THE USE OF THE PRO SECURE LTD. SITES/SERVICE/SOFTWARE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF PRO SECURE LTD. OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE PRO SECURE LTD. SITES/SERVICE/SOFTWARE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE PRO SECURE LTD. SITES/SERVICE/SOFTWARE.
IX. Termination/Access Restriction
PRO SECURE LTD. reserves the right,
in its sole discretion, to terminate your access to
any or all PRO SECURE LTD. Site/Service/Software and
the related services or any portion thereof at any time,
without notice.
PRO SECURE LTD. may also terminate
or suspend your access to PRO SECURE LTD. Site/Service/Software
for inactivity, which is defined as failing to log into
a particular service for an extended period of time,
as determined by PRO SECURE LTD.. Upon termination of
the PRO SECURE LTD. Site/Service/Software, your right
to use the PRO SECURE LTD. Site/Service/Software immediately
ceases.
PRO SECURE LTD. shall have no
obligation to maintain any content or to forward any
unread or unsent messages to you or any third party.
X. No Spam
PRO SECURE LTD. will immediately
terminate any account that it believes, in its sole
discretion, is transmitting or is otherwise connected
with any unsolicited bulk email. In addition, because
damages are often difficult to quantify, if actual damages
cannot be reasonably calculated then you agree to pay
PRO SECURE LTD. liquidated damages of $5 for each piece
of spam or unsolicited bulk email transmitted from or
otherwise connected with your account, otherwise you
agree to pay PRO SECURE LTD.'s actual damages, to the
extent such actual damages can be reasonably calculated.
Such payment may be deducted directly from any monies
owed to you from PRO SECURE LTD..
XII. General
The laws of the Netherlands, govern
this agreement. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts of the Netherlands
in all disputes arising out of or relating to the use
of the PRO SECURE LTD. Sites/Services. You agree that
no joint venture, partnership, employment, or agency
relationship exists between you and PRO SECURE LTD.
as a result of this agreement or use of the PRO SECURE
LTD. Sites/Services. You agree to indemnify and hold
PRO SECURE LTD., its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim, demand,
or damage, including reasonable attorneys' fees, asserted
by any third party due to or arising out of your use
of or conduct on the PRO SECURE LTD. Site/Service/Software.
PRO SECURE LTD. reserves the right to disclose any personal
information about you or your use of the PRO SECURE
LTD. Sites/Services, including its contents, without
your prior permission if PRO SECURE LTD. has a good
faith belief that such action is necessary to: (1) conform
to legal requirements or comply with legal process;
(2) protect and defend the rights or property of PRO
SECURE LTD. or its affiliated companies; (3) enforce
the terms or use; or (4) act to protect the interests
of its members or others. PRO SECURE LTD.'s performance
of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is
in derogation of PRO SECURE LTD.'s right to comply with
governmental, court and law enforcement requests or
requirements relating to your use of the PRO SECURE
LTD. Sites/Services or information provided to or gathered
by PRO SECURE LTD. with respect to such use. If any
part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the
original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement
between the user and PRO SECURE LTD. with respect to
the PRO SECURE LTD. Site/Service/Software and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user
and PRO SECURE LTD. with respect to the PRO SECURE LTD.
Site/Service/Software. A printed version of this agreement
and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained
in printed form.
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