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Terms & Conditions

Last Update: 4 July 2018

Introduction

These are the Terms & Conditions (these may change from time to time) governing the use of this website and the agreement that applies between us and you (the “Terms & Conditions”). These Terms & Conditions set out the rights and duties of all users (“you”/“your”) and of Elavon Financial Services DAC (acting as Elavon Merchant Services) (“us”/“our”/“we”/“Elavon”) in connection with this website. Please read these Terms & Conditions and our Privacy Policy carefully. By using this website, you accept these Terms & Conditions and our Privacy Policy (see below) as binding. Please do not use this website but leave it immediately if you do not accept all the Terms & Conditions and the Privacy Policy.

If you have any questions about these Terms & Conditions or the Privacy Policy (see below), please contact us at Elavon Financial Services DAC, German Branch, Lyoner Str. 36, 60528 Frankfurt or info@elavon.com. Elavon Merchant Services is a registered trade name of Elavon Financial Services DAC. Elavon Financial Services DAC (under the trading name of Elavon Merchant Services) is subject to supervision by the Federal Financial Supervisory Authority (BaFin) and the Central Bank of Ireland. The company’s registered office is 2nd Floor, Block C, Cherrywood Science and Technology Park, Loughlinstown, County Dublin, Ireland, and the company number is 418442.

Licensing

On the condition that you agree to comply with these Terms & Conditions, Elavon grants you personal, revocable and non-transferable permission to access and use this website. Elavon reserves the right to terminate your access to this website at any time without notice. All rights not expressly granted in these Terms & Conditions are reserved.

Links on this website

Links to the websites of third parties and details about services on this website are only provided for your benefit, and Elavon does not exercise any control over these third parties, their products, services and/or websites and their availability and content, and is not responsible for them. Elavon has not checked or assessed any third parties’ product, services or websites of any kind, and also does not support these or the service providers of the third parties or represent them. If you use a link to a third party, you thereby leave this website, and if you decide to access any websites of third parties linked with this website or use any of the products or services of third parties described there, you do so entirely at your own risk.

Elavon may disseminate content provided by third parties on this website. Any opinions, recommendations, statements, services, offers or other such by third parties, including information providers or all other users of this website, or any information or content provided, are those of the respective author(s) or distributor(s) and not those of Elavon.

Links to this website

If you wish to link to this website, you may only do so if you link to the homepage of this website, but must not replicate it, and only on the following conditions:

  • You do not remove, distort or otherwise change the size or appearance of the Elavon logo;
  • You do not place any frame or any other browser or so-called border environment around this website;
  • You in no way state or imply that Elavon supports any products other than its own;
  • You do not misrepresent your relationship with Elavon;
  • You do not publish any false information about Elavon;
  • You do not in any way infringe the intellectual property rights of Elavon or its licensors;
  • You do not link from a website that does not belong to you;
  • Your website does not contain any content that is in bad taste, offensive or contentious, or infringes any intellectual property rights or other rights of any person or in any other way does not comply with all applicable laws and regulations.

Elavon expressly reserves the right to withdraw the right granted above due to a breach of these Terms & Conditions and to take any steps that it deems appropriate. You must compensate Elavon for any direct or indirect loss or damage incurred by Elavon due to a breach of the Terms & Conditions stated above.

Amendments to the Terms & Conditions

Elavon reserves the right to change the contents of this website, including these Terms & Conditions, from time to time or temporarily suspend or terminate this website. You should therefore familiarise yourself with the Terms & Conditions (and any possible changes thereto) when you visit this website.

Visitor behaviour and materials

You are not permitted to take part in any activities via this website which are illegal, insulting or offensive, or which infringe the rights of third parties. Without restricting the general validity of the above, you are prohibited from sending or transferring materials from the website which are:

  • threatening, defamatory, obscene, indecent, subversive, offensive, pornographic, insulting, discriminatory, scandalous, inflammatory or blasphemous, which may be punishable as incitement to racial hatred, perceived as threatening, or represents a breach of trust, infringes privacy or which may arouse anger or unpleasantness; or
  • for which you have not obtained all the licences or authorisations required; or
  • which represents conduct or encourages such that would be seen as a criminal act, would entail a liability under civil law or would otherwise break the law or breach the rights of any third-party site in any country in the world; or
  • which is technically harmful (including computer viruses, logic bombs, Trojans, worms, harmful components, corrupt data or other malware or harmful data, but without restriction thereto).

Apart from personally identifiable information which is covered in our Privacy Policy (see below), any materials which you transmit or send to the website are regarded as non-confidential and not protected. Elavon is not subject to any obligations with regard to this material. Elavon and its representatives are free to copy, publish, disseminate, integrate or otherwise use such material, and any data, images, sounds, texts and other items contained therein for any commercial or non-commercial purposes.

Intellectual property rights

The content of this website is protected by laws of copyright and trademark rights and is the property of Elavon and/or its licensors. Unless stated otherwise, the copyright and other intellectual property rights to all material on this website (including photographs and graphic illustrations, but without restriction thereto) are the property of Elavon and/or its licensors. You may only access materials on this website for your personal use, providing you do not modify or delete any trademark, legends or copyright information of any kind.

You are not permitted to modify, copy, represent, transmit, edit or otherwise exploit the content of this website. You must comply with and observe all additional copyright information or other restrictions contained in any part of this website.

You are permitted to print out and download extracts of this website on the following conditions:

  • documents or associated graphics on the website are not modified in any way;
  • graphics on the website are not used separately from the associated text; and
  • the copyright and trademark information and this authorisation information appear in any copies.

Exclusion and restriction of liability

Elavon makes every effort to provide correct information on the website, but cannot guarantee that materials on the website are free from errors or complete. Elavon may make changes to the material on the website at any time without notice. The material on the website may be obsolete, and Elavon does not accept any obligation to update this material.

This website is available to all users in its “current status” without any explicit or implicit warranty or guarantees of whatever kind. Elavon provides the website to you to the maximum extent permitted by law on the basis that Elavon excludes any warranties, guarantees, terms and other conditions (including the statutory terms & conditions with regard to marketability/satisfactory quality, fitness for purpose and use of due care and skills which might have impacts in relation to the website except on account of this legal information, but without restriction thereto).

Elavon, any other party (irrespective of whether involved in the creation, production, maintenance or delivery of the website or not) and all Elavon group companies and members of its management board, directors, employees, shareholders or their proxies exclude any liability and responsibility for any amount or any form of loss or damage (including direct, indirect consequential damage or loss or that resulting from crime, and any loss of income, profit, goodwill, data, contracts, monetary expenditure, or losses or damage arising from or in connection with any form of business interruption, and irrespective of whether as a result of unlawful act (including and without restriction to negligence), contract or otherwise), but without restriction thereto, which may arise to you or third parties in whatever form in connection with the website or its use, its unavailability for use or the result of the unavailability of the website, of any websites connected with the website or of the material on these websites; this includes, but is not restricted to, loss or damage due to viruses which may infect your computer equipment, software, data or other property due to your accessing, using or browsing on our website or downloading material from the website or from websites linked to the website.

Nothing in these Terms & Conditions restricts our liability in any form: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter in which the exclusion of our liability or the attempt to such an exclusion by us would be illegal.

Jurisdiction, applicable law

The place of jurisdiction for disputes in connection with this website is the registered office of Elavon in the various European jurisdictions in which Elavon is commercially active. These Terms & Conditions are subject to the laws of the various European jurisdictions, and disputes must be addressed to the various branches of Elavon or the headquarters of Elavon in Ireland.

Severability

If these Terms & Conditions have loopholes or one of its provisions becomes invalid, the validity of the other provisions is not affected thereby.

Miscellaneous

Any suspension of these Terms & Conditions must be executed in writing and signed by Elavon to be valid. Any suspension of a provision of these Terms & Conditions does not bring about the suspension of any other provision or the continued suspension of the same provision for the future.

These Terms & Conditions represent the complete accord and agreement between you and Elavon in connection with this website and replace all previous oral or written statements, accords and agreements between you and Elavon in connection with the use of this website; they can only be amended if executed in writing and signed by you and Elavon.

Feedback

We welcome your feedback about this website, the Terms & Conditions or the Privacy Policy. Please send your comments to us at info@elavon.com.

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What if I don't want to accept cookies?

If you wish to restrict or block the cookies which are set by any website - including the Elavon website, you should do this through the browser settings for each browser you use, on each computer or device you use to access the internet.

Please be aware that some of our services may not function if your browser does not accept cookies. However, you can allow cookies from specific websites by making them "trusted websites" in your internet browser.

You may wish to visit www.allaboutcookies.org which contains comprehensive information on how to do this on a wider variety of browsers including mobile internet browsers.

Last Update: March 10, 2011

PRIVACY STATEMENT FOR MERCHANT CUSTOMER PERSONAL INFORMATION

Protecting the privacy of our merchants is a matter of great importance to Elavon Financial Services DAC. (together with all successors and assigns, hereinafter "Elavon", "we", "us", "our"). We want our merchants to understand what personal information we collect and how we use it. To provide our merchants with transaction processing services and related products, including but not limited to credit card, charge card, debit card, loyalty card, gift card and stored value card transaction processing services, as well as other value-added products and services that we may offer or that a merchant may request from us and we agree to provide to merchants from time to time (collectively, the "Elavon Services") as effectively and conveniently as possible, we may provide our affiliates (and other organizations that help us serve our merchants) with access to personal information provided to us in the course of our relationship with our merchant customers.

"Personal Information" is information about identifiable individuals directly connected with the merchant. The merchant and each such individual are collectively referred to herein as "you" or "your".

Your application for Elavon Services, and/or your continued use of the Elavon Services constitutes your consent to Elavon’s collection, use and disclosure of your Personal Information, as set out in this Privacy Statement. Please be advised that if you withdraw your consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Statement, we may not be able to provide you with the Elavon Services.

1. Why We Collect Your Information

We gather your Personal Information so we can: (i) evaluate the merchant's application for the Elavon Services; (ii) underwrite the merchant's account; (iii) process the merchant's transactions; (iv) manage all billing processes; (v) enable fraud protection and risk management processes; (vi) provide merchant account servicing; (vii) offer you other products and services; and (viii) support Elavon ’s legal compliance obligations.

2. Confidentiality and Security

Within Elavon and our affiliates, we restrict access to your Personal Information to those employees who need to know that information to provide products and services to you. We have established physical, technical and administrative security processes that are commensurate with the sensitivity of the information collected to safeguard Personal Information and we employ an independent auditing firm to test the effectiveness of the systems and practices that we have in place. Recognizing that technology is continually developing, Elavon implements new procedures and technology improvements on an ongoing basis to further safeguard your Personal Information.

3. What Information We Collect and How We Collect It

During the course of our relationship with the merchant, we may collect the following types of Personal Information about you in the following ways:

  • Personal Information, such as your date of birth, home address, home and mobile phone numbers, social insurance number, driver's license information and other identifying information that Elavon receives from time to time from the merchant on the application form, on other forms or otherwise;
  • Personal Information that may be delivered in connection with the merchant's transactions with Elavon;
  • Credit and financially-related Personal Information that Elavon receives from consumer reporting agencies, such as credit bureau reports and other information relating to credit-worthiness; and
  • Credit and financially-related Personal Information that Elavon receives from other sources, such as the merchant's financial institution.

What Information We Disclose

Your Personal Information is disclosed to affiliates of Elavon and other third parties to provide you with the Elavon Services. For example, certain Elavon Services are provided to you through Elavon’s affiliates, and it may be necessary to share your Personal Information with these affiliates. Elavon may also disclose your Personal Information to third parties in the normal course of business, including but not limited to: (i) payment networks, and the members of such networks; (ii) electronic funds transfer networks; (iii) clearing and settlement banks; (iv) service companies that perform business operations for Elavon, including but not limited to account statement preparation and mailing services; (v) Elavon's marketing partners who will advise you of new products and services from Elavon to assist in the growth and development of your business; (vi) courts, independent auditors, law enforcement agencies and other governmental authorities, bodies or agencies in response to subpoenas, to prevent fraud, during the course of an audit or examination or as required by law; and (vii) collection agencies, credit reporting agencies, business credit bureaus or other parties associated in collecting any debt owed by the merchant to us.

Elavon requires all such third parties to maintain the confidentiality of information provided to them by us. Service companies and marketing partners are also prohibited from using Personal Information for any reason other than to provide the specific products or services intended. Elavon reserves the right to transfer Personal Information in connection with the sale of all or part of its business or assets.

5. Additional Rights and Modifications

This Privacy Statement does not apply to your relationship with your customers, your financial service providers or with your other vendors. We may amend this Privacy Statement at any time, and will post the amended Privacy Statement on our Internet website at www.imerchantconnect.com.

6. Want to Learn More?

If you would like to learn more about how we use your Personal Information to deliver you with the best services and products, please contact us during regular business hours.

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