OVERVIEW
This website is operated by Paygen. Throughout the site, the terms “we,” “us,” and “our” refer to Paygen. Paygen offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain offerings from Paygen may be exclusively accessible online through our website. These offerings, be they products or services, might be available in limited quantities and are subject to our Return Policy for exchanges or returns.
Every effort has been made to accurately showcase the colors and images of our products on the website. However, we cannot guarantee that the display of colors on your computer monitor will be precise.
Paygen reserves the right, without obligation, to limit the sale of our products or services to specific individuals, geographic regions, or jurisdictions. This discretion may be exercised on a case-by-case basis. Additionally, we retain the right to restrict quantities of any products or services we offer. Descriptions of products or pricing are subject to change at any time, at our sole discretion. We also reserve the right to discontinue any product without prior notice. Any offer for a product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee the correction of any errors in the Service.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Paygen retains the right to reject any order placed with us. We may, at our sole discretion, impose limits or cancel quantities purchased per person, per household, or per order. Such limitations may apply to orders under the same customer account, using the same credit card, or sharing identical billing and/or shipping addresses. In the event of an order change or cancellation, we will make efforts to notify you through the provided e-mail and/or billing address/phone number. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide accurate and complete purchase and account information for all transactions made on our store. It is your responsibility to promptly update your account, including email address and credit card details, ensuring we can complete your transactions and contact you as necessary.
For further details, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
As part of your PayGen experience, we might grant you access to third-party tools. It’s important to note that we don’t actively monitor or control these tools, nor do we have any direct influence over them.
You recognize and agree that the access we provide to such tools is on an “as is” and “as available” basis, without any warranties, representations, or conditions. We don’t endorse these tools, and we bear no liability for any issues arising from or related to your use of these optional third-party tools.
Your utilization of the optional tools available on the site is entirely at your own discretion and risk. It’s crucial that you familiarize yourself with and approve of the terms set by the relevant third-party provider(s).
FRAUD/RISK SERVICES
For merchants engaging with Paygen’s Fraud Prevention/Risk Monitoring Tools, known as Fraud Shield (the “Tools”), it’s important to understand that these tools do not guarantee protection against fraud or unauthorized activities, nor do they ensure the prevention of resulting chargebacks and/or payment network fees. Applicable fees for tool usage and transactions apply.
While Paygen may assist the merchant in configuring risk assessment rules on the Tools, the ultimate responsibility lies with the merchant to configure these tools, including any filters or settings they enable. The merchant is solely responsible for assessing transaction risk and implementing necessary risk management controls to prevent unauthorized activity. The final decision to accept or reject a transaction remains with the merchant, as applicable.
Looking ahead, we may introduce new services and features through the website, including the launch of additional tools and resources. These new additions will also be subject to the terms outlined in these PayGen Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
In our Service, you may encounter content, products, and services that incorporate materials from third parties.
Links to third-party websites on this platform may redirect you to sites unaffiliated with us. Our responsibility does not extend to scrutinizing or verifying the content’s accuracy, and we disclaim any liability or responsibility for materials on third-party websites, as well as any other products, services, or content provided by third parties.
We are not accountable for any harm or damages arising from the purchase or use of goods, services, resources, or any transactions related to third-party websites. It is essential to thoroughly review the policies and practices of these third parties before engaging in any transactions. Any complaints, claims, concerns, or questions about third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you voluntarily provide specific submissions, such as contest entries, or share creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or other channels (collectively, ‘comments’), you agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and utilize these comments in any medium, without any obligation to you. We are not obligated to (1) keep comments confidential; (2) provide compensation for comments; or (3) respond to comments.
We retain the right, though not an obligation, to monitor, edit, or remove content at our discretion if we determine it to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of intellectual property rights or these Terms of Service.
Your comments must not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, abusive, or obscene material, or any computer virus or malware that could impact the operation of the Service or related websites. You must use a valid email address, accurately represent yourself, and not mislead us or third parties about the origin of any comments. You are solely responsible for the accuracy of your comments, and we assume no liability for comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy, available for your review.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
While we strive for accuracy, there may be occasional typographical errors, inaccuracies, or omissions in the information on our site or in the Service. We reserve the right to correct errors, inaccuracies, or omissions, and to modify or cancel orders if the information on the Service or related website is inaccurate, without prior notice. This includes corrections or updates to information, such as product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We undertake no obligation to update or clarify information except as required by law. Any specified update or refresh date should not be taken as an indication that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
Beyond the restrictions outlined in the Terms of Service, users on the PayGen platform are expressly prohibited from engaging in the following activities: (a) utilizing the site or its content for any unlawful purpose; (b) encouraging or participating in any unlawful acts by soliciting others; (c) violating international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or the rights of others; (e) engaging in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other malicious code that may impact the functionality or operation of the Service, related websites, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) pursuing any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet. We retain the right to terminate the user’s access to the Service or any related website if these prohibited uses are violated.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not ensure, represent, or warrant that the use of our PayGen service will be uninterrupted, timely, secure, or error-free.
Results obtained from the service are not guaranteed to be accurate or reliable.
Users acknowledge that we may suspend the service for indefinite periods or cancel it at any time without prior notice.
Users explicitly agree that their use of, or inability to use, the PayGen service is at their sole risk. The service, along with all products and services provided through it (unless expressly stated otherwise by us), is offered ‘as is’ and ‘as available,’ without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Paygen, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise. This applies to claims arising from the use of the service or any products obtained through it, or any other claim related to the use of the service or its content (or product), including errors or omissions in any content, or any loss or damage incurred due to the use of the service or any content (or product) posted, transmitted, or made available via the service. This limitation of liability is applicable even if users have been advised of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
When using PayGen, you agree to indemnify, defend, and hold Paygen and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees. This includes claims arising from your breach of these PayGen Terms of Service or the referenced documents, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these PayGen Terms of Service is deemed unlawful, void, or unenforceable, the provision will still be enforced to the fullest extent permitted by law. The unenforceable portion will be considered severed from these Terms of Service, but this determination will not affect the validity and enforceability of any remaining provisions.
SECTION 16 – TERMINATION
Obligations and liabilities incurred by the parties before the termination date will survive the termination of this agreement. These PayGen Terms of Service are effective until terminated by either party. You can terminate by notifying us that you no longer wish to use PayGen services or by ceasing to use our site.
If, in our sole judgment, you fail to comply with any term or provision of these PayGen Terms of Service, we may terminate the agreement at any time without notice. You’ll remain liable for all amounts due up to the termination date, and we may deny you access to PayGen services.
SECTION 17 – ENTIRE AGREEMENT
The failure of Paygen to exercise any right or provision in these PayGen Terms of Service does not waive that right or provision. These Terms of Service, along with any posted policies or rules, constitute the entire agreement between you and Paygen, governing your use of the PayGen service. They supersede any prior agreements, communications, and proposals, whether oral or written.
Any ambiguities in interpreting these Terms of Service won’t be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These PayGen Terms of Service and any separate agreements where Paygen provides you services are governed by and construed in accordance with the laws of The United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can always check the latest version of the PayGen Terms of Service on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It’s your responsibility to check our website periodically for changes. Continued use or access to our website or the PayGen service after posting changes constitutes acceptance of those changes.
SECTION 20 – PAYMENT AUTHORIZATION
You authorize the initiation of ACH debits from your depository bank accounts and/or credit cards for all amounts due pursuant to this Agreement, including but not limited to the fees incurred for the Services. You will maintain such depository account at a financial institution which accepts ACH transactions and is acceptable, and will at all times ensure that sufficient funds are in such account to pay all amounts due. This authorization shall remain in full force and effect until all fees due and owing under this Agreement have been collected. Entries initiated to or from your depository accounts will be in accordance with the rules of NACHA or any other applicable regulatory body or agency. You agree to promptly (and in any event within fifteen (15) days of any change) send update as to any changes to your depository account information or credit card information. You will complete, execute, and return this ACH authorization forms requested in connection with this Agreement. You will not, and will not cause your financial institution to, issue a stop-payment, reject any ACH transaction initiated, or otherwise cancel, block, charge back, or return any ACH transaction or other transaction initiated pursuant to this Agreement
SECTION 22 – DELINQUENCES
Failure to pay any amount when due, which due date shall be the date the ACH transaction is attempted (or such other due date set forth on the applicable invoice), will result in late fees, service charges, and other fees and penalties as set forth in the applicable fee schedule, all of which will be immediately due and payable. All past due amounts will accrue, and you will be responsible for paying. In the event that a check is returned or an ACH debit to the account identified by you is rejected for any reason, a $25.00 (USD) fee will be imposed.
SECTION 22 – CONTACT INFORMATION
For any questions about the PayGen Terms of Service, reach out to us at [email protected]