e-snapped is a copyrighted web platform owned by AltPayNet, with legal representation in Europe (AltPayNet Europe Limited), US (AltPayNet Inc.), Hong Kong (AltPayNet Limited), and Philippines (AltPayNet Corp.)
2. INTRODUCTION AND USAGE
This e-snapped User Agreement, together with any related materials currently available and shall be available in the future including but not limited to the updates of the Terms shall govern your access to and use of the website published including any content, functionality, applications, and services offered on or through this website (individually and collectively, the "Services"), whether as a guest or a registered user.
3. e-snapped, AN INDEPENDENT CONTRACTOR
e-snapped provides e-invoicing and e-payments facilities in a Platform-as-a-Service format. The relationship between you and e-snapped is that of independent contractors. Anything you can find in this Agreement shall not be construed as creating any partnership, agency, employment or fiduciary relationship, joint venture or any form of joint enterprise between the parties. Consequently, both parties shall have no authority to contract for or bind the other party in any manner whatsoever.
4. ELIGIBILITY TO USE SERVICES
By Using e-snapped, you represent and warrant that you
i. are either an individual at least 18 years of age or of legal age as determined by the laws of your country of origin or entering into this Agreement on behalf of a legally recognized entity, duly organized, validly existing, and in good standing under the laws of your state of organization; and
ii. have full right, power and authority to enter into this Agreement and to perform its obligations hereunder; and
iii. if you are entering into this Agreement on behalf of a legally recognized entity, the acceptance of this Agreement has been duly authorized and sanctioned by all necessary action on the part of such entity
5.1 CLIENT APPLICATIONS
To use e-snapped, you are required to provide certain registration details and documents in order for us to set up your account. All information you provide in the registration process shall be accurate and complete. If any information changes, you shall promptly inform us about the said changes. You agree to protect and keep confidential all your e-snapped account information including but not limited to your USERNAME and PASSWORD. Disclosure of these account information to any person or entity means that you assume all risk of losses associated with the action and that you are responsible for any transactions, activities, and other uses that occur as a result of the action. You agree to notify us immediately at the e-snapped support facilities (as set forth at the end part of the Document) of any unauthorized use (or attempted unauthorized use) of your account.
5.2 INVOICE RECIPIENTS
Clients register invoice recipients' detail and Know-Your-Customers (KYC) documents. If necessary or if asked by a partner Financial Institution such as banks and payment institutions, invoice recipients or the CLIENT or through the CLIENT shall be asked to provide additional documentations for Enhanced Due Diligence (EDD).
6. ACCESS TO e-snapped
e-snapped can be accessed over the internet using supported web browsers or applcations and may require particular hardware and/or software. It is your sole responsibility to meet these requirements. In the event that we make available any desktop, mobile, or other applications for download as an extended service, you may download copies of that to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by any end user license agreement that comes with said applications.
7. ASSOCIATED FEES
e-snapped fees are set forth on our website or are communicated in a separate Pricing Agreement between you and AltPayNet (owner of e-snapped). We reserve the right to change the fees that we charge for e-snapped from time to time by notifying you 3 months prior. You agree to pay all applicable fees as indicated on our website and/or in a separate Pricing Agreement before you can begin to access your e-snapped account.
8. INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS
The services provided by e-snapped including, but not limited to, our website and its contents, logo, features and functionalities, are solely owned by AltPayNet and its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property laws. You are not allowed to copy, modify, record, publish, transmit, distribute, sell, create similar works, or in any way exploit any of the content, in whole or in part without our written consent.
The e-snapped trademark and all related names, logos, product and service names, designs and slogans are trademarks owned by AltPayNet. You must not use such marks without the prior written permission of AltPayNet. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
9. PROHIBITED ACTIVITIES, BUSINESS PRACTICES OR SIMPLY BUSINESSES
Our Services can only be used for purposes that are not prohibited by the law and in accordance with this Agreement. By entering into this Agreement, you agree not to use our Services:
i. In any way that violates any applicable domestic or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the countries where AltPayNet has the entity or representative office and outside).
ii. To do phising or any similar form of misrepresentation.
iii. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
iv. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm e-snapped or users of our Services or expose them to liability.
Additionally, you agree not to:
i. Use any payment method to engage in any fraudulent transactions.
ii. Manipulate or abuse the credit card or any payment methods including, but not limited to, making a payment to create cash from a credit or gift card.
iii. Use the Services for any unauthorized or illegal purpose, including, but not limited to, making or receiving payments related to pornography, illegal drugs, gambling, or other prohibited activities.
iv. Use the Services in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the website or Services, including their ability to engage in real time activities through the website or attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
v. Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the website.
vi. Use any manual process to monitor or copy any of the material on the website or the Services or for any other unauthorized purpose without our prior written consent.
vii. Use any device, software or routine that interferes with the proper working of the website or Services including but not limited to any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
viii. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services the server on which our software or website is stored, or any server, computer or database connected to the Services.
e-snapped makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays in the banking system. THE SERVICES ARE PROVIDED "AS IS." E-SNAPPED HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, E-SNAPPED MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION OR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET YOUR OR OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION OR MATERIALS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE.
10. LIMITATION ON LIABILITY
(a) EACH USER AGREES TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT IN NO EVENT WILL E-SNAPPED, ITS PARENT COMPANY, SUCCESSORS, AGENTS, AFFILIATES, BUSINESS PARTNERS, AND SERVICE PROVIDERS AND EACH OF THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE "E-SNAPPED ENTITIES") BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER THE E-SNAPPED ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT AN E-SNAPPED ENTITY.
(b) E-SNAPPED IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES, AND YOU RELEASE THE E-SNAPPED ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
(c) MAXIMUM LIABILITY. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF THE E-SNAPPED ENTITIES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE GREATER OF: (i) THE AMOUNT OF FEES RECEIVED BY US PURSUANT TO THIS AGREEMENT FOR THE SERVICES PERFORMED IN THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL IMMEDIATELY PRECEDING THREE MONTHS. THE PURPOSE.
(d) Exceptions. The exclusions and limitations in this Section 10 do not apply to e-snapped's obligations or liability for e-snapped's gross negligence or willful misconduct.
(e) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify and hold harmless the e-snapped product and therefore, its owners against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement (including any Additional Terms), your use of the website or the Services, or from any act or omission by you with respect to the Services including the payment processing module of the solution.
13. MONITORING AND ENFORCEMENT; TERMINATION
(a) We have the right to: i. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
ii. We reserve the right to refuse to provide Services to you or terminate or suspend your account if we believe, in our sole opinion, that you are using (or intend to use) the Services in a fraudulent manner or in a way that is otherwise in violation of the law or this Agreement.
(b) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or website. YOU WAIVE AND HOLD HARMLESS THE E-SNAPPED ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN ANY OF THE FOREGOING PARTIES DURING OR AS ARESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
(c) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement.
(d) Any suspension or termination shall not affect your obligations to us under Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of your account or this Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, disclaimers, limitations on liability, provisions related to intellectual property ownership, and all the miscellaneous provisions in Section 17.
14. MODIFYING OR CLOSING YOUR ACCOUNT
You may close your account through your account by contacting the e-snapped support facilities as set forth in the official website. You may also close or make changes to your account by logging into your account and changing your account settings or by informing us of the change that you want to apply via the e-snapped support facilities.
15. GEOGRAPHIC RESTRICTIONS
(a) e-snapped is based in Hong Kong, Manila, Philippines;. We make no claims that the Services, website or any of its content is accessible or appropriate for use outside of the locations of our operations. Users are ultimately responsible to ensure their compliance as it is applicable to them. Access to the Services or website may not be legal by certain persons or in certain countries. If you access the Services or website from territories by which AltPayNet operates or in other countries which we have no operstions, you do so on your own initiative and are responsible for compliance with local laws.
16. ADDITIONAL TERMS; CHANGES TO THE AGREEMENT AND SERVICES
(a) We reserve the right at any time and for any reason, to modify or discontinue any aspect or feature of the Services or to modify this Agreement. In addition, we reserve the right to provide you with additional terms and conditions that may govern your use of the Services generally, unique parts of the Services, additional functionality or applications made available to you as part of the Services, or any or all of these ("Additional Terms"). Any such Additional Terms that we may provide to you will expressly reference this Agreement, will be effective upon notice, and be incorporated by reference into this Agreement. To the extent any Additional Terms directly conflict with this Agreement, the Additional Terms will control.
(b) Subject to the next paragraph, modifications to this Agreement will become effective three (3) days after posting on the website or, if we notify you by email or conventional mail, as stated in the email message or conventional mailing. Your access to and use of the Services or website after the effective date of any modification of this Agreement will signify your assent to and acceptance of the same. If you object to any subsequent revision to this Agreement, immediately discontinue use of the Services or website. All counteroffers to this Agreement (or amendments to the same) are categorically rejected.
(c) If a dispute arises out of or relates to the website or this Agreement including, without limitation, any Additional Terms or their breach (the "Dispute"), the parties agree that the Agreement in effect at the time the Dispute arose shall apply to the Dispute, including any amendments to the Agreement posted prior to the dispute arising. No amendment to the Agreement shall apply to any Dispute as to which we had notice prior to posting the amendment.
17. THIRD PARTY CONTENT AND LINKS
(a) We may provide third-party content through our website or Services. Any such third-party content represents the opinions and judgments of the third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement that may be made in such third-party content and expressly disclaim any warranties with respect to the same. (b) We may provide links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.'
(a) Force Majeure. e-snapped shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of e-snapped including, but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of ten (10) days, you shall be entitled to give notice in writing to e-snapped to terminate this Agreement.
(c) Governing Law and Jurisdiction. All matters relating to our website, the Services, this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the country of registration of the AltPayNet entity which you, the user or merchant, entered and signed an e-snapped agreement with without giving effect to any choice or conflict of law provision or rule (whether of the country of registration of the AltPayNet entity you entered and signed an e-snapped agreement with or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to our website, the Services, and/or this Agreement shall be instituted exclusively in respective courts of the country of origin of the relevant AltPayNet entity . You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
AltPayNet's legal representation:
905 Vicente Madrigal Building,
6793 Ayala Avenue,
Makati 1226 Philippines
SEC Registration No. CS201523088
Suite 603 6/F
Hang Point Commercial Building 31
Cheung Sha Wan Kowloon, Hongkong
Registration No. 2305731
AltPayNet Europe Limited
13, Belvedere, Alfred Gerada Street, Iklin
Registration No. 77435
13192 Southwest 141st Street
MIAMI, 33186 USA
Company No. P16000072156
(d) Waiver and Severability. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
(e) Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without e-snapped's prior written consent. e-snapped reserves the right to transfer or assign this Agreement or any right or obligation under them at any time.
(f) Communications. You consent to receiving communications from e-snapped electronically. You agree that we have the right to communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. CONTACTING US
The Services (including this website) are owned and operated by AltPayNet.
All questions about your account, requests for support, feedback, comments, and other communications relating to the Services should be directed to the e-snapped Support Facilities at email@example.com.
Thank you for visiting https://e-snapped.com or www.e-snapped.com