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Last updated: October 7, 2023
IntroductionThe terms and conditions contained hereinafter (“Terms of Use”) shall apply to your access to and the use of website [●] and any other, products, software(s), API keys, features, content or application services in connection therewith, offered from time to time by GateWellPayments LTD, its licensors, affiliates (“Gatewellpayments” or “we” or “our” or “us”) (collectively, “Website”).“Content” shall mean in this Terms of Use any trademarks, service marks and/or trade names used by us on the Website from time to time, and other content posted on the Website, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text, available through or posted on the Website.
Any natural or legal person ( hereinafter referred to as a “User”, “You”, “Your” ) logging on to or using the Website (even when such person does not avail of any services provided in the Website (“Service”) shall be presumed to have read and agreed with the Terms of Use (which includes the Privacy Policy and Cookies Policy available on the Website). This Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Gatewellpayments for other products, services or otherwise.By accessing or using the Website, Content and/or Service available on the Website, you consent that you have read, understand and agree to be bound by This Terms of Use in all respects with respect to the Website; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as signed written agreement. If you are not willing to be bound by each term or provision or if any representation made herein by you is not true, you may not use, and must cease using the Website. Please read the terms set out hereunder carefully before You agree to them. You can accept the Terms of Use by:
• Clicking to accept or agree to the Terms of Use, where this option is made available to you by Gatewellpayments on the Website, User interface for any particular Service; or
• Accessing, testing or actually using the Services. In this case, you understand and agree that Gatewellpayments will treat your use of the Services as acceptance of the Terms of Use from that point onwards.For avoidance of doubt, if any provision of the Terms of Use becomes void or unenforceable, the remaining provisions of this Terms of Use shall be binding upon the User.
Amendments of the Terms of UseWe reserve the right to amend this Term of Use at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will only amend this Terms of Use if the provisions in the Terms of Use are no longer appropriate or if they are incomplete, and only if the changes are reasonable. The latest, fully amended version of this Terms of Use will be published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If you continue to use the Website after any amendment come into force, you will be conclusively deemed to have accepted such amended version of this Terms of Use without objections.
Use of the WebsiteThe Website is intended for your personal use only. By using the Website, you represent and warrant that you have achieved your legal age of majority or have not been previously suspended or removed from the Website. We reserve, at our sole discretion, the right to refuse any request by you to purchase any Service offered by Website.In consideration of your use of the Website, Content and Service, you agree to (a) provide accurate, current and complete information and permit Gatewellpayments to correct that information where it is known to be incorrect or incomplete; (b) maintain and promptly update your information; (c) maintain the security of your access to Services and the information you provide to Gatewellpayments; and (d) promptly notify Gatewellpayments if you discover or otherwise suspect any security breaches related to the Website, Content and Service.
You may not harvest, collect, store or use information about the users of the Website, the Content or other information posted on the Website and also may not post on or transmit through the Website any content, in whatever format, that (i) is defamatory, unlawful, harassing, abusive, obscene, threatening, hateful, sexist or racist; (ii) violates any person’s privacy rights; (iii) violates any applicable law, statute, regulations or rules; or (iv) constitutes SPAM or other inappropriate network conduct.Without limiting any of our rights, we may suspend, restrict or terminate your access to use of the Website at any time, without notice to you if the operation or efficiency of the Website or any third party’s equipment or network is impaired by your use of the Website; we have received a third party complaint which relates to your use or misuse of the Website; you have been or are in breach of any provision of this Terms of Use; we are required to do so for legal reasons; or if we have other valid reason to do so.
Proprietary Rights and LicenseThe Services, Content and all other therein, including, without limitation, the Gatewellpayments logo, patent, designs, text, graphics, pictures, information, data, software, sound files, trade secrets, domain names, URL, other files and the selection and arrangement thereof are exclusively owned by Gatewellpayments (“Proprietary Rights”) and are protected by international copyright laws. You hereby acknowledge that by accessing and using the Website and/or Services you obtain no rights in or to the Proprietary Rights other than those expressly granted under this Terms of Use.We hereby grant you a limited, personal, non-exclusive, non-transferable, revocable, license to access and make use of the Website. Without the permission of the Gatewellpayments, You may not reproduce, adapt, distribute, modify, or show in public any of the Content, including, any of its features or components of Website, including files downloadable from the Website, not also enter, access or attempt to enter or access or otherwise bypass the applicable security system or interfere in any way with the Website or the Content.
Links to third-party websitesWhere our Website contains links to and integration with third-party websites and services (or any products or other services associated therewith) provided by the third-parties, you acknowledge that your access to or use of this websites and services is entirely at your own discretion and at your own risk and you will be solely responsible for any loss or damage that may result from such access or use. Your use of such websites and services will be a subject to the terms applicable to each such website and service.
Disclaimers and Assumptions of RiskOther than as expressly set out in this Terms of Use, the Website, Content and Service are provided strictly on an “AS IS” and “AS AVAILABLE” basis without any warranties. To the maximum extent permitted by applicable law, the GATEWELLPAYMENTS disclaim all express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, error-free service, and uninterrupted service. Gatewellpayments neither represents nor warrants that the Website, Content and Service provided through the Websites or software, or information downloaded from the Website will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components.Some authorities prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in this Terms of Use, such exclusions and limitations will not apply to you strictly to the extent necessary to make this Terms of Use consistent with such prohibitions.
Limitation of LiabilityThe Website are provided for information purposes only and, to the maximum extent permitted by applicable law, Gatewellpayments exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Website and any materials you obtain via the Website save that we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so.To the maximum extent permitted by applicable law, Gatewellpayments disclaim all liability and shall not be liable for any direct, indirect, incidental, special, consequential or punitive losses or damages, including without limitation damages for lost profits or revenues, goodwill, work stoppage, security breaches, viruses, computer failure or malfunction, use, data or other intangible losses or reputational damages, even if any of such parties are advised of the possibility of such losses, arising under or in connection with this Terms of Use and Website.
The Gatewellpayments shall not be responsible or liable to you or any other person for any errors or omissions in the Website, any information made available through Website, any decision made or action taken in reliance on the Website or the information made available through Website, or for any loss or damages that arise out of or in connection with your use of the Website or any materials obtained by you or in connection with the Website. The maximum aggregate liability of GATEWELLPAYMENTS for any liability arising under or in connection with this Terms of Use, to you or any other third party howsoever arising(including by way of negligence or any other theory of law) shall be limited to the aggregate amount paid by you for the purchase of the product or services directly giving rise to such liability.
You are solely responsible to determine whether the access and use of the Website and/or the Content by you, and the purchase of Services, are permitted under any applicable laws, rules or regulations and will fully indemnify, defend and hold us and our agents, contractors and suppliers harmless on demand from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise as a result of or in connection with (a) access and use of the Website and/or Service by you or by anyone else on your behalf; or (b) breach by you of any of the terms and provisions of this Terms of Use.
AssignmentWe may at any time assign our rights and obligations under this Terms of Use, in whole or in part, without notice to you. You may not assign this Terms of Use without our prior, written consent. This Terms of Use will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Applicable LawThis Terms of Use and all disputes and claims arising out of or in connection with them shall be governed by Latvian law. With the sole exception of any application for injunctive relief, the parties irrevocably agree that the courts of Latvia have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with this Terms of Use or the Services (including their subject matter or formation).
Contact UsIf you have any questions regarding this Terms of Use, please contact us using the information below:
GateWellPayments LTD
Company number 40203338114;
Lielirbes street 17A-22, Riga, Latvia, LV-1046;
E-mail: info@gwp.digital
Phone: +371 26555167
