InComm Agent Solutions Dealer Portal Terms of Use
BY ACCESSING THE WEB SITE LOCATED AT
HTTPS://COMPANYPORTAL.QPAY123.COM OR ANY RELATED WEB PAGES (COLLECTIVELY REFERRED TO AS THE “WEB SITE”), PRINTING OR DOWNLOADING MATERIALS FROM THE WEB SITE, OR OTHERWISE USING THE WEB SITE, YOU (“YOU”, “YOUR” OR “USER”) AGREE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, AS THE SAME MAY BE AMENDED OR MODIFIED FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”).
THIS WEB SITE IS INTENDED TO BE ACCESSED AND USED ONLY BY AUTHORIZED INDIVIDUALS THAT HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE JURISDICTION WHERE THEY ARE LOCATED (EITHER 18 OR 19 YEARS OF AGE DEPENDING UPON THE JURISDICTION). YOU MAY NOT USE OR ACCESS THIS WEB SITE UNLESS YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE JURISDICTION WHERE YOU ARE LOCATED.
InComm Agent Solutions, Inc. (IAS), formerly known as Qpay, Inc. maintains or arranges for the maintenance of this Web Site through which you may, as an authorized representative of a merchant or other third party that has entered into an agreement with IAS, Inc. to offer products or services provided by IAS, Inc. or its affiliates (“Agent”), perform the following: (i) review and update information relating to the Agent’s business, including, but not limited to, contact information, bank account information, information relating to the physical locations operated by the Agent, and such other information related the Agent’s relationship with IAS, Inc. and/or its affiliates as may be required by IAS, Inc. from time to time; (ii) review and execute certain agreements with IAS, Inc. and/or its affiliates; (iii) receive news and updates related to the Agent’s relationship with IAS, Inc. and/or its affiliates, including, but not limited to, information related to the products and services provided by IAS, Inc. and/or its affiliates; and (iv) such other activities as may be determined by IAS, Inc. from time to time (each, an “Action”). As used herein, “IAS” means, individually and collectively, IAS, Inc., InComm Financial Services, Inc. and their respective parents, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, authorized representatives, successors and assigns.
Your use of the Web Site means that you (i) agree that these Terms legally bind you in the same manner that a signed, written, non-electronic contract does, (ii) agree that you have read and understood these Terms and unconditionally agree to comply with all applicable laws and regulations regarding use of this Web Site, (b) represent and warrant to IAS that you are authorized by the Agent to access the Web Site and conduct any Actions which you initiate or attempt to initiate, and (iii) agree (A) to safeguard the username and password provided to you that allows you to access the Web Site, and prevent any unauthorized persons from obtaining or using such username and password, and (B) that any use of such username and password to access the Web Site and initiate or attempt to initiate any Action shall constitute your authorization of such Action, and that you and the Agent shall be responsible for each such Action.
You may not use the Web Site in any manner or attempt to access the Web Site if you are not willing to be bound and abide by these Terms. Your continued use of the Web Site also means that you represent and warrant to IAS that you are able to enter into legally binding contracts. You use of certain content and features offered through the Web Site may be subject to additional terms and conditions. By using such content and features, you also agree to be bound by such additional terms and conditions. You acknowledge and agree that in the event of any conflict between these Terms and any provision of any agreement between you or the Agent and IAS, these Terms shall govern.
IAS reserves the right to change or modify these Terms, or modify or discontinue any portion of the features and functionality provided through the Web Site, at any time in its sole discretion. Upon any change to the Terms, you will be prompted at your first login to the Web Site following the change to review and accept the revised Terms. Your continued use of the Site following any amendments will constitute agreement to such amendments. IAS will not be bound by any message or material received from you at variance with these Terms, including amendments. IAS reserves the right to modify or temporarily discontinue your access to the Web Site or parts thereof, with or without notice to you. You agree that IAS shall not be liable to you or any third party for any modification of the Web Site, these Terms, or your access to the Web Site.
Use of the Web Site and Materials.
The contents of the Web Site, including all information, data, graphics, images, logos, editorial content, and software (“Materials”) referenced on the Web Site are protected under United States and foreign copyright laws, patent laws, trademark laws, and other intellectual property laws and treaties. IAS grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Web Site solely to view the Materials for informational purposes or to perform Actions. Any other use of the Materials or the Web Site is expressly prohibited. All other rights in the Materials and the Web Site are reserved by IAS and its licensors. IAS reserves all rights in the Web Site and you agree that these Terms do not grant you any rights in or licenses to the Web Site or the Materials, except for this express, limited license. IAS reserves the right to modify or to discontinue any and all Materials or any portion or attribute thereof, or the ability to conduct one or more types of Actions, with or without notice to you. IAS shall not be liable to you in the event that IAS exercises its rights under this provision of the Terms.
You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Web Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Web Site (or any part of the Web Site) as part of any other web site or any other work of authorship without IAS’s prior written permission. If you violate any of these Terms, your permission to access and use the Web Site may be immediately terminated in IAS’s sole discretion. In addition, IAS reserves the right to all remedies available at law and in equity for any such violation.
User Submissions.
Except for information specifically requested by IAS or with respect to certain Actions that require your secure submission of personal identifying information, or confidential or proprietary information (“Data Exclusions”), you agree you will not otherwise send any personal identifying information, confidential or proprietary information to IAS through this Web Site. Other than such Data Exclusions, any communication or Material that you send to the Web Site, electronically or otherwise, including but not limited to data, questions, comments, suggestions or submissions (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary. By making a Submission, you agree to hereby grant to IAS and any party authorized by IAS a non-exclusive, worldwide, perpetual, irrevocable, assignable, and transferable license to reproduce, distribute, perform or display (publicly or otherwise), create derivate works from, and otherwise use and exploit the Submissions (and to authorize others to do the same), in whole or in part and as may be edited or modified by IAS or any party authorized by IAS, for any purpose whatsoever, commercial or otherwise, in any form or media now existing or hereafter devised, without obligation of any kind. You also agree not to make any Submission that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark, or other intellectual property right or any privacy rights) or that are otherwise unlawful. You will be solely liable for (and will indemnify and hold harmless IAS and any party authorized by IAS from) (i) any damages arising from and relating to the Submissions or the use thereof, in whole or in part, by IAS or any party authorized by IAS, and (ii) any losses resulting from the unauthorized use of the username and password provided to you or the Agent which allows access to this Web Site. For the avoidance of doubt, and without limiting any provision hereof, you agree that as between you, the Agent and IAS, you and the Agent shall be solely responsible for (and will indemnify and hold harmless IAS and any party authorized by IAS from), any inaccuracies or fraud relating to any Action that you initiate or attempt to initiate using this Web Site.
Web Site Accuracy.
Although IAS intends to provide accurate and timely information on the Web Site, the Web Site (including, without limitation, the Materials) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. IAS reserves the right to make corrections, modifications, enhancements, improvements and other changes to the information at any time without notice, including, without limitation, information regarding IAS’s policies, procedures, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Web Site are your sole responsibility and IAS shall have no liability for such decisions.
If you need specific details about any information contained in the Web Site, you should contact IAS by e-mail at PortalHelp@qpaynet.com or call 1-866-236-7733 and select Option #1.
Web Site Restrictions.
As a condition of your use of the Web Site, you represent and warrant that you shall not use the Web Site for any purpose that is unlawful or otherwise prohibited by these Terms. You will not submit any false, misleading or inaccurate information to IAS, whether by e-mail, phone, mail, the Web Site or otherwise. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Web Site. By way of example, and not as a limitation, you will not use the Web Site to:
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Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the
legal rights (such as, but not limited to, rights of privacy, publicity and
intellectual property) of others;
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Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar,
infringing, obscene, tortuous, indecent, immoral or otherwise objectionable
material or information;
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Transmit or upload any material to the Web Site that contains viruses, trojan
horses, worms, time bombs, cancelbots, or any other harmful or deleterious
programs;
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Interfere with or disrupt the Web Site networks or servers;
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Harvest or otherwise collect information from the Web Site about others,
including without limitation email addresses, without proper consent;
- Use
the information of another party to access or use the Web Site;
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Otherwise attempt to gain unauthorized access to the Web Site, other accounts,
computer systems or networks connected to the Web Site, through password mining
or any other means; or
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Interfere with another individual's or entity's access to or use of the Web
Site.
IAS has no obligation to monitor your use of the Web Site or retain the content of any of your sessions on the Web Site. However, IAS reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Use of Cookies.
The Web Site may use a feature of your Internet browser called a “cookie.” A “cookie” is a piece of information which a web server may place on your computer when you visit a web site. The use of cookies is to facilitate your Internet session, to maintain security and to improve the user experience. For example, IAS may use cookies to verify your identity, remember your personal settings, and to monitor your use of the Web Site to improve IAS’s services. If you choose not to enable cookies on your browser, you may not be able to use some of the services offered on the Web Site.
Third Party Content and Links.
From time to time, the Web Site may contain references or links to third-party materials (including without limitation web sites) not controlled by IAS. IAS provides such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply IAS’s recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that IAS is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Web Site, including without limitation content, property, goods or services available on the linked sites.
Internet Access.
To access and use the Web Site, you must at, at your expense: (a) provide for your own access to the Internet and pay any service fees associated with such access; and (b) provide all equipment necessary for you to make such connection to the Internet, including without limitation a computer and modem or broadband Internet connection.
DISCLAIMER OF WARRANTIES.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAS RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEB SITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. IAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE; THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEB SITE WILL BE SECURE; THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEB SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IAS OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY OF ANY KIND. IAS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY MATERIALS ON THE WEB SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Indemnification.
You agree to indemnify, defend and hold harmless IAS, its contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your violation of these Terms, any applicable laws, or your violation of any rights of a third party. If you cause a technical disruption of the Web Site or the systems transmitting the Web Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
Governing Law.
You agree that any action at law or in equity arising out of or relating to these Terms or the Web Site shall be filed, and that venue properly lies, only in state or federal courts located in Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. IAS makes no representation that the Web Site, or any Materials used in connection therewith, is appropriate or available for use in any particular location. Those who choose to access the Web Site do so on their own initiative and are responsible for compliance with all applicable laws, including any applicable local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any principles of conflicts of law.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by IAS shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by IAS to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CLAIM RELATED TO ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
The supply of goods, services and software through the Web Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Web Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Web Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
You agree that any action at law or in equity arising out of or relating to these Terms or the Web Site shall be filed, and that venue properly lies, only in state or federal courts located in Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. IAS makes no representation that the Web Site, or any Materials used in connection therewith, is appropriate or available for use in any particular location. Those who choose to access the Web Site do so on their own initiative and are responsible for compliance with all applicable laws, including any applicable local laws.
Equitable Relief.
You acknowledge that any use or threatened use of the Web Site or Materials in a manner inconsistent with the terms and conditions included in these Terms shall cause immediate irreparable harm to IAS for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that IAS shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. You agree and stipulate that IAS shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of US$1000 shall be sufficient. Nothing contained herein shall limit IAS’s right to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms, as applicable.
Assignment.
You will not assign (including without limitation by operation of law, change of control or otherwise) your rights or licenses to the Web Site provided under these Terms, either in whole or in part, without the prior written consent of IAS, and any attempted assignment contrary to the foregoing will be void and have no effect. IAS may assign all or a portion of its rights under these Terms.
Force Majeure.
IAS shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond its reasonable control.
Section Titles.
The section titles in these Terms are included for convenience only and have no legal or contractual effect.
Contact Information.
If you have any questions or comments regarding the Web Site or these Terms, you may contact IAS at:
InComm Agent Solutions, Inc.
11900 Biscayne Blvd.
Ste. 300
Miami, FL 33181
E-mail: PortalHelp@qpaynet.com
Telephone: 1-866-236-7733, Option #1