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Clearpay Terms of Use

  1.  These Terms of Use apply to your use of the Clearpay Business Hub and apply in addition to the merchant agreement between the Merchant and Clearpay for the provision of deferred payment services (Merchant Agreement).
  1.  In these Terms of Use: (a) Clearpay means the Clearpay legal entity identified in the Merchant Agreement; and (b) “you”, “your” or “Merchant” means the merchant legal entity identified in the Merchant Agreement.
  2.  By using the Clearpay Business Hub, you confirm that you accept these Terms of Use. If you do not agree to these Terms of Use, you must not use the Clearpay Business Hub. We amend these Terms of Use from time to time. Every time you use the Clearpay Business Hub, please check these Terms of Use to ensure you understand the terms that apply at that time.
  1.  Any capitalised term in these Terms of Use that are not defined within these Terms of Use shall have the meaning assigned to it in the Merchant Agreement.

 

Business Hub  

  1.  The Clearpay Business Hub allows you to view, manage and update certain Merchant details in relation to the Merchant’s Clearpay account and is made available free of any additional charges.
  2. The Clearpay Business Hub is provided “as is” and we may update and change the Clearpay Business Hub from time to time, for example, to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes but the Clearpay Business Hub may be subject to unexpected downtime. We do not guarantee that the Clearpay Business Hub, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Clearpay Business Hub for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  3. You are also responsible for ensuring that all persons who access the Clearpay Business Hub are aware of these Terms of Use, and that they comply with them.
  4. You can access the Clearpay Business Hub by using the login credentials that you create when you first set up your Clearpay Business Hub merchant login. These credentials are for the Merchant's use only and may not be provided to any third party, including separate legal entities within the Merchant's own legal group and sub-processors, except as otherwise expressly permitted by Clearpay.
  5. You must keep your credentials confidential and must ensure that access to the Clearpay Business Hub is restricted to authorised persons only, including by undertaking reasonable security measures to keep usernames and passwords secure. If you know or suspect that anyone other than you knows your user identification, username or password, you must promptly notify us at security@clearpay.com.
  6. You must not use or try to use the Clearpay Business Hub for a purpose outside of the scope and intention of these Terms of Use and the Merchant Agreement. This includes, without limitation, exporting any personal data from the Clearpay Business Hub or using any data accessible in the Clearpay Business Hub for any purpose other than the purposes as contemplated by these Terms of Use and our Merchant Agreement with you. You must not attempt to compromise or bypass the security controls of the Clearpay Business Hub or undertake any activities that might directly or indirectly impact the security of the Clearpay Business Hub.
  7. Access to the Clearpay Business Hub as well as all changes performed by all users of the Merchant will be logged by Clearpay for security reasons and in order to comply with any applicable regulatory obligations
  8. In case of a breach or suspected breach of these Terms of Use, Clearpay reserves the right to restrict or revoke access to the Clearpay Business Hub, in addition to any remedies set out in the Merchant Agreement.

Clearpay iQ

  1. We may offer you access to Clearpay iQ from time to time. You may not assign or otherwise transfer these Terms of Use, including without limitation your right to access Clearpay iQ whether or not pursuant to an executed order form. If we provide you access to Clearpay iQ, it shall constitute a personal, limited, nonexclusive, revokable, non-transferable license to access Clearpay iQ and the data, information, and other content displayed or otherwise made available therein (collectively, “Clearpay iQ Content”) for your internal business purposes pursuant to these Terms of Use. You may not distribute, sell, sublicense, rent, lease or otherwise grant access to Clearpay iQ or Clearpay iQ Content outside of your organization for your internal business purposes and may not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source, underlying data, or personal information in or relating to Clearpay iQ or the Clearpay iQ Content, by any means whatsoever. We may limit or revoke your access and/or license to Clearpay iQ at any time in our discretion and without notice. We reserve the right to make your access to Clearpay iQ conditioned upon such further terms and conditions, including those that may be contained in an order form mutually executed by the parties. For the avoidance of doubt, Clearpay iQ is a part of Clearpay Business Hub.

 

Our responsibility for loss or damage

  1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  2. The Clearpay Business Hub is provided “as is” and we exclude all implied conditions, warranties, representations or other terms that may apply to the Clearpay Business Hub or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Clearpay Business Hub, or use of or reliance on any content displayed on the Clearpay Business Hub. In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Data and content

  1. Any information, including personal data, will be subject to both parties' applicable confidentiality, privacy and data protection obligations set out in the Merchant Agreement.
  2. When you use the Clearpay Business Hub, Clearpay collects and handles personal data in accordance with its Merchant Privacy Policy.

General

These Terms of Use are governed by the laws set out in your Merchant Agreement. Any disputes shall be governed according to your Merchant Agreement.