RAPYD CHECKOUT USER TERMS OF SERVICE

These Rapyd Checkout User Terms of Service (“Terms”)  are a legal agreement between Rapyd Financial Network (2016) Ltd, its subsidiaries and affiliates (together, “Rapyd” “we” or “us”) and you, the user of the Rapyd Checkout service (as defined below) (“you”). By using the Rapyd Checkout service, you agree to be bound by these Terms.

1. General

The Rapyd Checkout service (“Rapyd Checkout”) is a technology that makes it easier for merchants (“Merchants”) to collect payments from individuals like you. Rapyd Checkout allows you to insert and store your payment credentials such as your card number, expiration date and CVV code (“Payment Credentials”) so that payments made through  the Rapyd Checkout will be executed easily and securely. Please note that by using Rapyd Checkout you also acknowledge our Privacy Policy which forms part of these Terms.

2. Using Rapyd Checkout

When you check out on the website of a Merchant that has Rapyd Checkout enabled, we will collect and store certain personal data about you, such as your name, email address or your mobile phone number (“Rapyd Credentials”), along with your Payment Credentials. We also use cookies to link your web browser to your Rapyd Credentials and recognize when you return to the Rapyd Checkout. For information about data collected via cookies, please see our Cookie Policy.

3. Rapyd’s Role

Rapyd provides certain payment processing and electronic money services, and other related services for its  Merchants through its licensed payment providers (“Partners”). 

Rapyd Checkout allows you to make transactions by using our Partners. Please note that Rapyd Checkout is a stand-alone service and has no impact on your relationship with the Merchant you’re paying, your bank or credit card company. You are and will always be responsible for the purchases you make and for the information you upload using Rapyd Checkout on the Merchant’s site. The engagement between you and the Merchant, as well as  any use of your data by the Merchant, is subject to the Merchant’s terms of use and privacy policy. Our role is only to execute the transaction and to charge you in accordance with these Terms.

4. Making Payments; Recurring Payments

We may, at our discretion, impose limits on the amount of payments you can make through Rapyd Checkout. By adding a debit card, a credit card or a bank account as your Payment Credentials, you are providing Rapyd with an authority to automatically charge you when using the Rapyd Checkout. This may include recurring payment when you subscribed for a certain subscription which requires subscription fees, including ‘free trials’ of any kind.

Please note that in some cases, tokenization of your card (storing your data in a digital asset form) may be subject to a minimal charge of your card which will be refunded immediately thereafter. In such cases, this will appear in your bank account. 

Rapyd Checkout also provides a cash-in functionality for eligible customers at certain Point of Sale in certain countries (“Cash-In”). Users who are eligible for Cash-In may be subject to Know Your Customer (KYC) and Anti Money Laundering checks and may be rejected depending on its results. If you use Cash-In, you can present codes to Point of Sale Partners and pay in cash. Partners will accept hard currency cash payments and Rapyd will cause such payments to be routed through Rapyd Checkout to pay the Merchants to which you are sending the funds as part of your purchase on the merchant’s site.

5. Refunds

When utilising the Rapyd Checkout product, you are purchasing items from the Merchant who has implemented it. Therefore, any refund will be subject to the Merchant’s refund policy and terms and conditions

6. Chargebacks and Fees. 

The Merchant is solely responsible for any chargebacks and fees. You will be required to lodge a chargeback request at your financial institution associated with your payment method.

7. Liability for invalidated payments 

You agree to allow the Merchant to recover any amounts due to the Merchant by debiting your payment method. If there are insufficient funds in your balance to cover your liability, you must reimburse the Merchant through other means. If you file a request for Chargeback with your card issuer or financial institution, only the card issuer or financial institution will determine on such request. 

8. Representations and Warranties

By using Rapyd Checkout you represent and warrant that you are at least 18 years of age and that you will not use Rapyd Checkout for any fraudulent, unlawful or abusive purpose.

9. Disclaimers

Rapyd Checkout, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through Rapyd Checkout, are provided “as is.” To the fullest extent permissible by law, Rapyd, its affiliates, and their agents, merchants or independent contractors (the “Disclaiming Entities”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by Rapyd Checkout, or for any breach of privacy or security associated with the transmission of data through Rapyd Checkout. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The Disclaiming Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.

10. Limitations of Liability; Force Majeure

In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms of Service exceed $10 US dollars. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the agreement between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and Internet disturbances.

11. Governing Law

This Agreement is concluded in English.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of the jurisdiction in which the service is obtained.

12. Modification of Terms of Service; Notices

We have the right to change or add to these Terms of Service at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on the use of Rapyd Checkout by posting such changes on our website or any other website we maintain or own. We may provide you with notice via email, postings on our website, or through other reasonable means. If you are an existing Rapyd Checkout user, the changes will come into effect 10 days after we post the changes to our website, and your use of Rapyd Checkout more than 10 days after we publish any such changes on our website constitutes your acceptance of the modified Terms of Service. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of Rapyd Checkout.

13. Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

14. Survival

Upon termination of your use of Rapyd Checkout or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: Sections 8 through 15.

15. Miscellaneous

Security and Privacy. In order to protect your data held with us, we use industry-standard physical, procedural and electronic security measures. For more information please refer to our Privacy Policy. 

Failure. Rapyd’s failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision.

Severability. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. 

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 

Entire Agreement. These Terms of Service, including Rapyd’s policies governing Rapyd Checkout referenced herein, constitutes the entire agreement between you and Rapyd with respect to the use of Rapyd Checkout. 

Third Party Rights. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Rapyd, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service. 

Rapyd Rights. These Terms do not limit any rights that Rapyd may have under trade secret, copyright, patent or other laws.