Payments Terms of Service
Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.
Last Updated: July, 2019
These Payments Terms constitute a legally binding agreement (“Agreement”) between you and Paleopetres (as defined below) governing the Payment Services (defined below) conducted through or in connection with the Paleopetres Platform.
When these Payments Terms mention “Paleopetres,” “we,” “us,” or “our,” it refers to the Paleopetres company you are contracting with for Payment Services, which may be Paleopetres, Inc.
Table of Contents
- Scope and Use
- Key Definitions
- Payment Methods
- Financial Terms
- General Financial Terms
- Currency Conversion
- Prohibited Activities
- General Provisions
1. Scope and Use of the Payment Services
1.1 The Payment Services contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and users should review them independently. Paleopetres is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Paleopetres of such Third-Party Services.
1.2 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Key Definitions
“Payment Method” means a financial instrument, such as a credit card, debit card, or PayPal account.
You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
4. Payment Methods
4.1 When you add a Payment Method, you will be asked to provide customary billing information such as name, billing address, and financial instrument information to Paleopetres third-party payment processor(s) such as Stripe or Paypal. You must provide accurate, current, and complete information when adding a Payment Method, and it is your obligation to keep your Payment Method up-to-date at all times.
4.2 When you add or use a new Payment Method, Paleopetres may verify the Payment Method by authenticating your account via a third-party payment service provider.
4.3 Please note that Payment Methods involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments in connection with the Payment Services (including deducting charges from the Payout amount), and Paleopetres is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
4.4 You are solely responsible for the accuracy and completeness of your Payment Method information. Paleopetres is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
4.6. If your Contracting Entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
5. Financial Terms
You authorise Paleopetres third-party payment processor(s) to charge your Payment Method the Total Fees for any booking requested. Paleopetres will collect the Total Fees in the manner agreed between you and Paleopetres via the Paleopetres Platform. Paleopetres may offer alternative options for the timing and manner of payment. For example, in some cases, Guests may be required to pay or have the option to pay in multiple instalments. If Paleopetres is unable to collect the Total Fees as scheduled, Paleopetres will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
6. General Financial Terms
6.1 Payment Authorisations
You authorise Paleopetres to collect from you amounts due pursuant to these Payment Terms or the Paleopetres Terms. Specifically, you authorise Paleopetres to collect from you:
- Any amount due to Paleopetres (e.g., as a result of your bookings, Booking Modifications, cancellations as a user of the Paleopetres Platform).
- Overstay Fees payable.
- Fees, costs and/or expenses associated with a Damage.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
6.2.1 Any refunds or credits due to a user will be initiated and remitted by Paleopetres.
6.2.2 Paleopetres will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
6.3.1 If Paleopetres is unable to collect any amounts you owe under these Payments Terms, Paleopetres may engage in collection efforts to recover such amounts from you.
6.3.2 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone. Such communication may be made by Paleopetres, or by anyone on their behalf, including but not limited to a third-party collection agent.
7. Currency Conversion
Paleopetres will process each transaction in the currency the Member selects via the Paleopetres Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method and/or the Member’s country of residence. Any such limitations will be communicated via the Paleopetres Platform, and you will be prompted to select a different currency, Payment Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Paleopetres is not responsible for any such fees and disclaims all liability in this regard.
8. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights,
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Paleopetres or any of Paleopetres’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. Neither Paleopetres nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Paleopetres has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, you agree to release, defend (at Paleopetres’ option), indemnify, and hold Paleopetres and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Paleopetres’ Collection; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation according to this Section 10 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
11. General Provisions
11.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Paleopetres and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Paleopetres and you regarding the Payment Services.
11.2 No joint venture, partnership, employment, or agency relationship exists between you or Paleopetres as a result of this Agreement or your use of the Payment Services.
11.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
11.4 Paleopetres’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
11.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Paleopetres’ prior written consent. Paleopetres may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.
11.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
11.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Paleopetres via email, Paleopetres Platform.