In these Terms of Service (hereafter “Agreement” or “Terms”), “we,” “us,” “our” or “Falcon Pay” will refer collectively to WalterGates Ghana Limited and its affiliates. The terms “you,” “your” and “Customer” will refer to you. To be eligible to register for a customer account to use the Services, you must review and accept these Terms by clicking on the “I Accept” checkbox or other mechanism provided. Suppose you are registering for a customer account to use the Services on behalf of an organization. In that case, you are agreeing to these Terms for that organization and promising to Falcon Pay that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “Customer” will refer to that organization). The exception is if that organization has a separate written agreement with Falcon Pay covering the use of the Services, in which case that agreement will govern such use.
When we refer to the “Services” in these Terms, we mean to include all products and services that Falcon Pay offers.
Your use of our services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for reference.
Our Services are intended for business-to-business, consumer-to-consumer, and business-to-consumer communications. No person under the age of eighteen (18) years shall have the right to use Our Services. By using Our Services, you represent and warrant that You are at least eighteen (18) years of age and that Your use of the Services does not abuse Our system or violate the Agreement. Your uploads may be deleted, and Your subscription may be terminated without notice if We have reason to believe that You are under eighteen (18) years of age or abuse or has the intention to abuse our system or violate the Agreement or any law.
To the extent the Services are made available for a fee, you agree to pay all applicable fees. Our current fee schedule for our priced plans is set forth here: https://falconpayglobal.com/pricing. Falcon Pay reserves the right to increase or add new fees to any of its Services without advance notice. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax.
We may specify how you will pay any fees, penalties charges, or fines, that Falcon Pay may have been charged by a carrier or any other government/regulatory agencies. All payments must be made in advance unless otherwise agreed in a written agreement signed by authorized representatives of the parties. You warrant that you are authorized to use any credit/debit card or payment account for the payment for the use of our services.
If you use our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Falcon Pay is not responsible for third-party access to your account that results from theft or misappropriation of your account. Falcon Pay and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
All purchases are final, and all payments made or accrued are non-refundable. Also, if Your account is terminated due to Your breach of the Agreement, no payment will be refunded.
You agree to use our services only for lawful purposes and that you are responsible for your use of communications and content you share via the Falcon Pay platform. You agree not to use the Services to offer any services for any unlawful purposes. You agree not to post on or transmit through our services any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, regional, national or international law. You agree not to use these Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Falcon Pay or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part of our services. Falcon Pay content is not for resale. Your use of our services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Falcon Pay and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Falcon Pay or our licensors except as expressly authorized by these Terms.
Additionally, the following list gives examples of illegal, abusive, interfering, or otherwise unacceptable or inappropriate behavior while using our services:
You agree to indemnify, defend, and hold harmless Falcon Pay, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Falcon Pay reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Falcon Pay in asserting any available defenses.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Falcon Pay agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WALTERGATES GHANA LIMITED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WALTERGATES GHANA LIMITED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WALTERGATES GHANA LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
WalterGates Ghana Limited reserves the right, in its sole discretion, to terminate your access to our services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Ghana and you hereby consent to the exclusive jurisdiction and venue of courts in Ghana in all disputes arising out of or relating to the use of our services. Use of our services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WalterGates Ghana Limited as a result of this agreement or use of our services.
WalterGates Ghana Limited’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of WalterGates Ghana Limited’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our services or information provided to or gathered by WalterGates Ghana Limited concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WalterGates Ghana Limited for our services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and WalterGates Ghana Limited concerning our services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Visiting www.falconpayglobal.com or sending emails to WalterGates Ghana Limited constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the website, satisfy any legal requirement that such communications be in writing.
Upon termination of these Terms, your payment obligations will survive.
We reserve the right to change any of the terms of the Agreement by posting the revised Agreement on Our Website and/or by sending an email to the last email address You have given Us. The most current version of the Terms will supersede all previous versions.
WalterGates Ghana Limited encourages you to periodically review the Terms to stay informed of our updates.
WalterGates Ghana Limited welcomes your questions or comments regarding the Terms:
Email Address: info@falconpayglobal.com
Effective as of July 19, 2024.
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