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Terms and Conditions

Terms and Conditions About These Terms We are SterbeyLLP ("we," "us," or "Sterbey"), a companyregistered in England and Wales under company number OC444518 with ourregistered office at Warnford Court, 29 Throgmorton Street, London, England,EC2N 2AT.


These Terms and Conditions provide you withinformation about us and outline the legal terms and conditions governing theprovision of our services to you.


These Terms and Conditions (the "Terms")apply to the agreement (the "Agreement") between you ("you"or the "user") and us for the provision of online payment services.


By utilizing our services, you confirm your acceptanceof these Terms and agree to adhere to them. If you do not agree to these Terms,you must refrain from using our Services. Please carefully read these Terms andensure that you understand them before registering to use our Services.Additionally, by registering to use the Services, you agree to be bound bythese Terms and the other documents expressly referred to herein.


It is recommended that you print a copy of these Termsor save them to your computer for future reference.


We may revise these Terms from time to time, asoutlined in clause 12. Prior to each use of our Services, please review theseTerms to understand the applicable terms and conditions at that time.


1-    Definitions


"User Account" refers to the user’sregistration created by Sterbey for each user utilizing Sterbey’s paymentservices on an Associated Website. This registration is internal and exclusiveto Sterbey, and the user agrees to its creation and maintenance by usingSterbey’s services.


"Intellectual Property Rights" encompasspatents, rights to inventions, copyrights, trademarks, trade names, domainnames, rights in get-up, goodwill, rights in designs, rights in computersoftware, database rights, and any other intellectual property rights, whetherregistered or unregistered, and including all applications (or rights to apply)for and be granted, renewals or extensions of, and rights to claim priorityfrom, such rights and all similar or equivalent rights or forms of protectionwhich subsist or will subsist now or in the future in any part of the world.


"Intellectual Property" includes anyartistic, musical, dramatic, or literary work, invention, sign, symbol, logo,sounds, slogan, color, computer program, or other materials on which any personholds Intellectual Property Rights.


2-    Age Requirement Youmust be at least 18 years old to utilize our Services. We will not provide theServices to individuals who do not meet this age requirement. If you are under18 years old, please refrain from attempting to use our Services. Furthermore,if in your country of residence or the country from which you access ourservices, the legal age is above 18 years old, by using the services youdeclare you are of that age or older. By using our Services, you warrant thatyou have the right, authority, comply with the age restriction, and capacity toenter into and be bound by these Terms.


3-    Domicile Requirement


We may restrict access to our Services from IPaddresses located in jurisdictions where we believe it may not be legal for usto provide the Services.


4-    Accredited Websites


Sterbey provides local payment methods to usersthrough integration with certain websites ("Accredited Websites"). Toutilize the Services on an Accredited Website, you must register with suchAccredited Website. By submitting your personal data to the Accredited Website,you acknowledge that Sterbey will have no responsibility for the processing ofsuch personal data, and you agree to have your personal data processed inaccordance with the Accredited Website’s privacy policy.


5-    Registration withSterbey


The data used by the user on Accredited Websites willbe used to automatically generate a Sterbey "user account." We mayrequest, at any time (via email, telephone, or any other means), anyinformation or documentation that can prove your identity, address, and/orauthenticity of the transactions. You agree to provide us with true, precise,and complete information. Your Account is personal and shall not be transferredto any individual.


In the event that another individual accesses theAccount due to you having provided any of your account details, you shall beliable for this individual’s access. You shall compensate us for all and anylosses, damages, costs, and expenses we may suffer as a result of any failureby you to keep your account details confidential. You are responsible for:maintaining the confidentiality of the password and username; not permittingothers to use your Account; not using the Accounts of other Users; refraining fromselling, trading, or otherwise transferring your Account to another party;immediately notifying us via email at [email protected] if you have anysuspicion of unauthorized use of your password or Account or any other breachof security, including unauthorized use of your debit or credit card. You mustnot provide false account details, which include but are not limited to yourname, email address, age, or location. In the event that we have reasons tobelieve that you have provided us with false account details, we reserve theright to terminate the provision of our Services to you and restrict youraccess, suspend, or cancel your Account without prior notice. You agree to holdus harmless against any falsehood or inaccuracy contained in the informationyou provide us. You warrant that the email address with which you register yourAccount is an active, valid email address controlled by you.


6-    Use of Our Services


You are responsible for providing and paying for anymeans and equipment necessary to enable your access to the Services. You agreenot to disguise or interfere in any way with the IP address of the device youare using to access the Services or otherwise take steps to prevent us fromcorrectly identifying the actual IP Address of the device you are using whileaccessing the Services. You acknowledge that the Services, like other Internetapplications, are not secure, and we do not guarantee the prevention ordetection of any unauthorized attempts to access the Services. When using ourServices, you warrant that you are in compliance with all relevant andapplicable laws and regulations of whatever country you are physically locatedin and with all Sterbey’s policies. You shall not use the Services for anyillegal purposes, such as receiving or transmitting material that is obscene,harassing, defamatory, in breach of confidentiality, or in violation of anyIntellectual Property Rights. Without prejudice to the right of initiatinglegal proceedings or reporting the fact to the relevant authorities, in theevent that we have reasons to believe that you are making any illegal and/orunauthorized use of the Services, we reserve the right to restrict your access,suspend, or cancel your access to our Services without prior notice. Illegaland/or unauthorized use of the Services includes but is not limited to: usingthe Services without satisfying the age requirement of at least 18 years old orapplicable age; submitting false, inappropriate, or inaccurate account detailsor personal data to us or to any Accredited Website; engaging in any illegaland/or fraudulent activity; acting in a manner that is detrimental to theconduct of our business or which may result in legal liability for you, us, ora third party; and providing, creating, or disseminating computer viruses.Further, any other irregular activity which diverges from the normal use of ourservices and which harms or may potentially harm either Sterbey, or any otherthird party. By harm, both monetary and non-monetary damages are included, suchas moral damage, threats, or bribery actions.


Sterbey will use its reasonable endeavors to maintainthe operation of the Website and the Services. Whenever it is necessary totemporarily suspend the Services for operational or other reasons, Sterbey willuse its reasonable endeavors to restore the Website and re-establish theprovision of the Services. Sterbey declares that it does not guarantee and thusis not bound to 99.9% functionality towards the user. The user acknowledges andagrees that any payment processed via the Services may be subject to limits andconditions imposed by the applicable legislation and any regulatory authority,and that Sterbey reserves the right to restrict the maximum amount of anytransaction processed by Sterbey accordingly. The user acknowledges that delaysmay occur in transferring funds between Sterbey and the Accredited Websites, orfor any other reason related to the operation of the financial network and thebanking system. Sterbey shall not be liable for any delays in the processing ofpayments via the Services. However, it is the user’s responsibility not to usethe payment services in a way that exceeds the maximum legal limits imposed onthe user by its legislation either of residence or jurisdiction from where theservices are used. Sterbey may subcontract or delegate in any manner any or allof its obligations under this Agreement to any third party to enable orfacilitate the provision of the Services to the user. The user accepts andauthorizes the exchange rates used by Sterbey or any intermediary institution usedby Sterbey for such purposes. Sterbey reserves the right to refuse to processtransactions through the Services where such transactions do not comply withthe applicable legislation, any regulatory authority codes of practice, orSterbey’s policies or operations standards. The user acknowledges and agreesthat any transfer of funds made via the Services has the sole purpose ofallowing users to make payments in good faith on Accredited Websites, and thatnone of these payments shall be considered as credit granted by Sterbey to theuser. Sterbey does not warrant that the Users’ use of the Services will beuninterrupted or error-free. Sterbey is not responsible for any delays,delivery failures, or any other loss or damage resulting from the transfer ofdata over communications networks and facilities, including the internet, andthe Users acknowledge that the Services may be subject to limitations, delays,and other problems inherent in the use of such communications facilities.Furthermore, all funds the user uses throughout our Services must be of legalorigins.


7-    Sterbey Fees and Taxes


Sterbey does not charge any administration fees fromthe user. The user is responsible for paying any taxes concerning thetransaction processed via the Services. Where a user disputes any transactionwith any Accredited Website, Sterbey’s sole responsibility will be to verifywhether the transaction was made in accordance with the instructions given bythe user to the Accredited Website. Sterbey shall not be liable for anyadministration fees charged by the Accredited Websites to the user. Anycomplaint about the Accredited Websites’ administration fees shall be made bythe user to the Accredited Websites.


8-    Intellectual PropertyRights


The Intellectual Property Rights related to theprovision of Services and the Website, its functionality and appearance, areeither owned by or licensed to Sterbey. You are expressly prohibited from:reproducing, copying, sharing, editing, transmitting, uploading, modifying,altering, incorporating into any other materials, removing, commercializing,creating derivative works from, framing, mirroring, republishing, downloading,displaying, or distributing all or any portion of the Website, the Services,and any content thereof in any form or media or by any means; or attempting tode-compile, reverse compile, data mine, disassemble, reverse engineer, orotherwise reduce to human-perceivable form all or any part of the Website orthe Services or using any Intellectual Property related to the provision ofServices and the Website, its functionality, and appearance; Doing anythingthat may be seen to take unfair advantage of the reputation and goodwill of theWebsite, the Services, and/or Sterbey’s business in general; and Doing anythingthat could be considered an infringement of the Intellectual Property Rightsowned and/or licensed to Sterbey without first obtaining the written permissionof the owner of the Intellectual Property.


9-    How We Use YourPersonal Information


For the purpose of the Data Protection Act 1998 (the"Act"), we process personal data as a data controller, and ourregistered address is Warnford Court, 29 Throgmorton Street, London, England,EC2N 2AT. This clause sets out the basis on which any personal data we collectfrom you, or that you provide to us, will be processed by us. Please read thefollowing carefully to understand our views and practices regarding yourpersonal data and how we will treat it. By creating an Account, you areaccepting and consenting to the processing of your personal data as set out inthis clause. For the purposes of this clause, your personal data ("User’sInformation") may be: Information you give to us: this includes, withoutlimitation, your name, address, email address, and phone number, financial andcredit card information, personal description, proof of your identity oraddress, authorization to use third-party funds to pay for a transactionthrough Sterbey, and any other information you submit when registering to useour Website or the Services, subscribe to our mailing list, leave us yourfeedback, or report a problem with our Website or Services; Information wecollect about you: this includes, without limitation, any information wecollect about you related to your usage of the Website and the Services,including information on the payments made by you through Sterbey, and thenature of the services and products purchased; and Information we receive fromother sources: this includes, without limitation, information we receive aboutyou if you use any of the other websites we operate or the other services weprovide, or information we receive from third parties (including, for example,business partners, subcontractors, advertising networks, analytics providers,search information providers, credit agencies, or other agencies). We may useUser’s Information in the following ways: to carry out our obligations arisingfrom any contracts entered into between you and us and to provide you with theinformation, products, and services that you request from us; to provide youwith information about other goods and services we offer that are similar tothose that you have already purchased or enquired about; to contact you foryour views on our services and to notify you occasionally about importantchanges or developments to our Website or to our Services; to manage ourWebsite and Services, for internal operations, including troubleshooting, dataanalysis, testing, research, statistical and survey purposes; to improve our Website,Services, and any services and products provided by us; as part of our effortsto keep our Website and the Services safe and secure; to measure or understandthe effectiveness of advertising we serve to you and others, and to deliverrelevant advertising to you; to make suggestions and recommendations to you andother users about goods or services that may interest you or them; to maintainand develop our commercial relationship with you; and to evaluate any financialrisks, verify any risks of money laundering, prevent fraud, and make anyreports that we are required to make by the applicable law. We may combineinformation we receive from other sources with information you give to us andinformation we collect about you. We may use this combined information for thepurposes set out above. We do not sell, rent, or otherwise provide User’sInformation to third parties, except where (a) we obtain your consent; (b) itis necessary to provide you with our Services; (c) we are required orauthorized by law; or (d) as described in clause 9.9. We may share User’sInformation with: any of our employees or any member of our group or theiremployees, where "member of our group" means our subsidiaries, ourultimate holding company and its subsidiaries; our third-party consultants,subcontractors, suppliers, or other service providers who may access yourpersonal information to provide services (including but not limited to ITsupport services) to us in order to enable us to perform any contract we enterinto with you; auditors or contractors or other advisers auditing, assistingwith, or advising on any of our business purposes; analytics and search engineproviders that assist us in the improvement and optimization of our Website andthe Services; our successors in title, our prospective sellers or buyers of ourbusiness; government bodies and law enforcement agencies and in response toother legal and regulatory requests; any third party where such disclosure isrequired in order to enforce or apply any contract we enter into with you; anythird party for the purposes of protecting the rights, property, or safety ofour company, our customers, or others (including, without limitation, you).This includes exchanging information with other companies and organizations forthe purposes of verifying your personal identification or address, fraudprotection, anti-money laundering measures, and credit risk reduction; The Actgives you the right to access information held about you. Your right of accesscan be exercised in accordance with the Act. Any access request may be subjectto a reasonable fee to meet our costs in providing you with details of theinformation we hold about you.


10- Suspension of Services
 

In addition to Sterbey’s right to suspend the Servicesin accordance with the aforementioned clause, Sterbey reserves the right to, atany time, suspend the Services for repairs, maintenance, or improvements. Inthe event that Sterbey suspends the Services in accordance with this clause,Sterbey will use its reasonable endeavors to give prior notice to the users,unless the Services are suspended due to suspicion of security breach or fraud.Where the Services provided to you are suspended due to suspicion of a securitybreach caused or fraud committed by you, Sterbey reserves the right to: requestthat you provide information in accordance with clause 5; and at its solediscretion, restrict your access, suspend, or terminate your Account withoutprovision of any notice.
 

11- Term and Termination
 

These Terms will remain in full force and effect whileyou are using our Services. If you wish to cease being a User, you can do so atany time by requesting Sterbey to close the User Account in accordance with theinstructions available in the relevant Website’s section. Alternatively, youcan send us an email at [email protected] Sterbey may, for any reason and atany time, restrict your access, suspend, or terminate your User Account bysending notice to your email as indicated in your account details.
 

12- Variation of Terms
 

We may revise these Terms from time to time. Everytime you use our Services, the Terms in force at that time will apply to theprovision of the Services to you. Except as provided in clause 12.4, wheneverwe revise these Terms, we will keep you informed and give you at least onemonth’s written notice before the changes take effect. We will also state thatthese Terms have been amended and the relevant date at the top of this page.Upon receipt of the notice specified in clause 12, if you wish to terminateyour Account, you may do so by giving us at least 10 days’ notice before thechanges take effect. If after the expiry of the notice period you continue touse the Website or Services, you will be deemed to have accepted any changes tothese Terms. We reserve the right to make changes to the Website and theServices from time to time without any prior notice to you provided that suchchanges have no material adverse effect on you.
 

13- Liability
 

We do not in any way exclude or limit our liabilityfor: death or personal injury caused by our negligence; fraud or fraudulentmisrepresentation; and any other liability which cannot be excluded or limitedby applicable law. If we fail to comply with these Terms, we are responsiblefor loss or damage you suffer that is directly caused and a foreseeable resultof our breach to these Terms or our gross negligence, but we are notresponsible for any loss or damage that is not foreseeable (including in, specialor consequential loss) which is not caused by Sterbey’s gross negligence anddirect breach to this Terms and Conditions. We shall not be liable for anydamages or losses (including, without limitation, in consequential, special,incidental, or punitive damages) caused in whole or part by: payments made tounwanted recipients or payments in incorrect amounts due to input of incorrectinformation by the user; any errors or omissions in the content or operation ofthe Accredited Websites, misuse of the Accredited Websites or inability toaccess the Accredited Websites; delays, losses, errors or omissions resultingfrom failure of a telecommunications or any other data transmission system orfailure of the Accredited Websites’ computer’s system; the suspension of theServices or on the availability of the Website due to failures, delays,interruptions, or otherwise; or any loss of profit, loss of business, businessinterruption, or loss of business opportunity. Any loss or damage caused by theAccredited Website’s product or service. Further, Sterbey in no way isresponsible for the services and/or products provided by the Accreditedwebsites nor their accuracy. You agree to indemnify Sterbey against any and allclaims, actions, demands, liabilities, losses, damages, judgments, settlements,costs, and expenses (including reasonable attorney’s fees) insofar as suchclaims arise from or in connection with: your use of the Services in breach ofthese Terms or the documents incorporated herein; any use of your Account oryour Account’s password by any person, whether or not authorized by you; anybreach of your representations and warranties set forth in these Terms; yourviolation of any rights of any other person or entity; your violation of anyapplicable laws, rules, or regulations; any direct or indirect consequences ofyou disabling or allowing to disable the security features of the Account. Youagree to reimburse Sterbey for any costs or expenses incurred by Sterbey as aresult of any breach by you of any of the provisions in this clause.
 

14- Dispute Resolution
 

These Terms shall be governed by and construed inaccordance with the laws of England and Wales. Any dispute, controversy, orclaim arising out of or in connection with this Agreement, or the breach,termination, or invalidity thereof, shall be finally settled by arbitrationadministered by the London Court of International Arbitration (LCIA) inaccordance with the LCIA Rules, which rules are deemed to be incorporated byreference into this clause. The number of arbitrators shall be one. The seat,or legal place, of arbitration shall be London, England. The language to beused in the arbitral proceedings shall be English. The governing law of thecontract shall be the substantive law of England and Wales. Sterbey reservesthe right to initiate legal proceedings against the user in any other competentcourt of law. The parties expressly waive their right to settle any dispute incourt.
 

15- Miscellaneous
 

We may transfer our rights and obligations under theseTerms to another organization, but this will not affect your rights or ourobligations under these Terms. You may only transfer your rights or yourobligations under these Terms to another person if we agree in writing. Thiscontract is between you and us. No other person shall have any rights toenforce any of its terms. Each of the paragraphs of these Terms operatesseparately. If any court or relevant authority decides that any of them areunlawful or unenforceable, the remaining paragraphs will remain in full forceand effect. If we fail to insist that you perform any of your obligations underthese Terms, or if we do not enforce our rights against you, or if we delay indoing so, that will not mean that we have waived our rights against you andwill not mean that you do not have to comply with those obligations. If we dowaive a default by you, we will only do so in writing, and that will not meanthat we will automatically waive any later default by you. These Terms are theentire agreement between you and us. You acknowledge that you have not reliedon any statement, promise, representation, assurance or warranty made or givenby or on behalf of us which is not set out in these Terms and that you shallhave no claim for innocent or negligent misrepresentation or negligentmisstatement based on any statement in this agreement. These Terms, and anydispute or claim arising out of or in connection with it or its subject matteror formation (including non-contractual disputes or claims), shall be governedby, and construed in accordance with, English law. The parties irrevocablyagree that the courts of England and Wales shall have exclusive jurisdiction tosettle any dispute or claim arising out of or in connection with these Terms orits subject matter or formation (including non-contractual disputes or claims).
 

16-Contact Us
 

If you have any questions or concerns about theseTerms or our Services, please contact us by email at [email protected] or write to us at Warnford Court, 29 Throgmorton Street, London, England, EC2N 2AT.

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