End User Policy

Taynow.com and Paywithtay.com are the web sites maintained on the World Wide Web by Tay Now Inc. (“TayNow”). “The Site” or “Site” refers to TayNow.com and paywithtay.com. “You”, “User,” or collectively “Users,” refers to you as a Consumer who accesses the site in order to make payment to merchant. “TayNow”, “we”, “us” and “our” shall refer to Tay Now and all its affiliates and subsidiaries. “Access” means viewing or otherwise obtaining information located on the Site. “Agreement” refers to these Terms of Use and any subsequent modification. The “Services” or “TayNow Services” refers to digital payment services offered by Tay Now. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

By accessing the Site via the World Wide Web or any other medium, You accepts and agrees to all conditions imposed in this Terms of Use Agreement. TayNow reserves the right to modify these Terms of Use at any time without notice to You, including imposing a fee to access certain materials contained on the site. Any change in these Terms of Use is effective immediately upon your receipt of notice from TayNow. Notice can be given through e-mail, posting on the site or any other means by which You may obtain notice. You should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. TayNow has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. TayNow can restrict access to any or all portions of the site or remove any information or content from the site at any time. TayNow reserves the right to monitor use of the site. You are solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

    • General

      • TayNow grants you a non-exclusive, non-transferable limited license to access the Site and use the TayNow Services and related resources in accordance with these Terms of Use. By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of the Service. TayNow may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. TayNow may also limit the geographic locations or jurisdictions where certain Services may be available.

      • Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of You to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the Services whatsoever is to discontinue using the Services.

    • Information

      • You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the Services or in connection with the Site is accurate, reliable and complete and does not violate our content guidelines. You authorize us and our service providers and their vendors and subcontractors to monitor your use of the Site and the Services. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the Services. TayNow accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.

    • Conditions of Usage

      • You agree to use the Services for the purposes that they were intended and only in accordance with the terms of this agreement. If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and in conjunction with your use of the Services. Your registration for use of the Site or the Services constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of the Services confidential and up to date.

      • You are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release TayNow from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify TayNow for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.

    • Software Notice

      • In the event that You, as a Consumer, are required to download or use software in connection with the Services, You may be unable to download and access such software unless You first agree to the license agreement relating to such software. Use of any such software is governed by these Terms of Use and any such license agreement.

    • Copyrights, Trademarks and Intellectual Property

      • TayNow and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the Services. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to You. Without any prejudice to the foregoing, any information or data entered by You or otherwise provided for accessing the Services shall at all material times remain the property of You. You hereby grant to TayNow a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by You in connection with the Services for uses related to the delivery of the Services.

      • Materials on and relating to the Site and the Services, including the content of any software downloaded from TayNow, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, TayNow reserves all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the Site or the Services without TayNow’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Services.

      • TayNow has rights to several trade-marks which it uses in connection with the operation of the Services. TayNow does not grant You any right or license to use the TayNow trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

    • Prohibited Use

      • You may access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience. You shall not use any means to restrict or prevent another user from accessing or enjoying the Services. You are not permitted to upload material to the Services that You know, or ought to know, infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the Services in a manner which could block access to, impair, damage or otherwise disable any of our servers. You may not attempt to gain unauthorized access to the Services or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws. You shall not lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to TayNow in a manner that is inconsistent with our intellectual property rights over the software.

    • Limitation of Liability

      • YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE TAYNOW FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A ”CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF THE SITE OR THE SERVICES AND ANY RELATED APPLICATIONS INCLUDING ANY THIRD PARTY SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.

      • FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.

      • EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, TAYNOW DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET YOUR REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN ”AS IS” BASIS AND YOU AGREE TO USE THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO THE SERVICES AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF THE SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING THE SERVICES.

      • IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH ANY RELEASE PROVIDED BY YOU IN THESE TERMS OF USE, INCLUDING THE FOREGOING, WHICH SECTION STATES: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

    • Termination of Service

      • TayNow may terminate this agreement and your use of the Services at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Upon such termination, you must immediately cease using the Services. We may at our option immediately block your access to the Site and the Services.

    • Ownership and Disclosure of Information

      • You own all of your private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service. Notwithstanding the above, there may be circumstances in which we may be required to disclose data. If we are required to disclose your data or information, we will use our commercially reasonable efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. TayNow’s Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.

    • Third Party Links, APIs and Content

      • You may when using our Site and Services be directed to websites maintained by other third party service providers. Some of the functionality of the Services interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using the Services. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.

      • You acknowledge that such sites and services are completely independent of TayNow and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party services providers will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of the Services.

    • Authorization to Export Data

      • You acknowledge that we may retain a copy of transactional information gathered through the use of the Services and other information uploaded on Your account. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.

    • Force Majeure

      • Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

    • Severance and Non- Waiver

      • All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable. No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.

    • Governing Law and Dispute Resolution

      • Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the State of California. You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.

    • Privacy Policy

      • TayNow’s Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business’ financial information (the “Information”) collected for the purposes of the Services offered through our website.

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