Terms Of Use

Terms of website use

These terms of use (together with the documents referred to in it) establish the terms of use on which you may make use of our website https://flexify.finance/ (“Website”) Please read these terms of use carefully before you start to use our website. By continuing to access, link to, or use this website, or any service accessible via this website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not access, link to, or use this website, or any service accessible via this website.

Other applicable terms

The following terms also apply to your use of our website:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy, which sets out information about the cookies on our website.

Information about us

https://flexify.finance/ is a website operated by Orion Transact Inc. with the MSB registration No: M23302373 (“Company”, “we”, “our”, or “us”, or “Flexify Operators”), providing the payment gateway services for Merchants. Flexify Operators refer to all parties that provide services available on this website according to their authority and role (“Flexify services”), including but not limited to legal persons, unincorporated organizations.

Under these Terms, Flexify operators may change as Flexify’s business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of Flexify operators may be expanded due to the provision of new Cor Flexify ytech services. By continuing to use Flexify services, you are deemed to have agreed to execute these terms jointly with the newly added Flexify operators.

Changes to these terms

We may revise these terms of use at any time by amending this page. Such modifications shall be effective immediately. Accordingly, please continue to review these Terms whenever accessing, linking to, or using our website. Your access, link to, or use of our website, or any service accessible from it, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified.

Information on our website and changes to it

The information contained in this website is for general information purposes only. We endeavour to keep the information published on our website up to date and correct, however we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy

Any information you give us about yourself will be stored on our systems and may be disclosed to, processed and used by us, and the other companies that assist us in providing our services in accordance with our Privacy Policy.

Intellectual property rights

The Website, including but not limited to text, content, photographs, video, audio, links, software and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws. The Website is also protected as a collective work or compilation under copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You acknowledge that the Website has been developed, compiled, prepared, revised, selected, and arranged by Company, its partners, subsidiaries, and affiliates and others through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Company and such others. You agree to protect the proprietary rights of Company and all others having rights in the Website during and after the term of this agreement and to comply with all reasonable written requests made by Company or its service providers, partners and licensors of content, equipment, or otherwise to protect their and others’ contractual, statutory, and law rights in the Website. You agree to notify Company in writing promptly upon becoming aware of any unauthorized access or use of the Website by any individual or entity or of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory, or law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the "Intellectual Property Rights") shall, as between you and Company, at all times be and remain the sole and exclusive property of Company. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to Company for its exclusive use. Except as specifically permitted, you may not copy or make any use of the Website or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Website, or the names of any individual participant in, or contributor to, the Website, or any variations or derivatives thereof, for any purpose, without Company’s prior written approval.

Residence and Legal Restrictions

Our website is not aimed at residents of jurisdictions from which for whatever reason the access to and use of our website or any part thereof is either prohibited or strictly regulated. If you are subject to such restrictions, you may not access and use our website or any part thereof.

Limitation of our liability

You agree that your use of our website is at your sole risk and acknowledge that anything contained within our website, including, but not limited to, its content or advertisements are provided "as is" and "as available". The information provided on our website is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

- use of, or inability to use, our website; or

- use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for:

- loss of profits, sales, business, or revenue;

- business interruption;

- loss of anticipated savings;

- loss of business opportunity, goodwill or reputation; or

- any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to our website. Such links should not be interpreted as endorsements by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Company, its service providers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with our website, or any links on our website, including, but not limited to: (i) your use or someone using your computer's use of our website; (ii) a violation of the Terms by you or anyone using your computer (or account, where applicable); (iii) a claim that any use of our website by you or someone using your computer infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of our website by you or someone using your computer; (v) any misrepresentation or breach of representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defence. You acknowledge and agree to pay Company reasonable attorneys' fees incurred in connection with any and all lawsuits brought against you by Company under the Terms and any other terms and conditions applicable to the access and use of our website, including without limitation, lawsuits arising from your failure to indemnify Company pursuant to the Terms.

Restrictions on use

You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software, as we do not guarantee that our website will be secure or free from bugs or viruses at all times.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our website will cease immediately.

Restrictions on linking to our website

You may link to our home page, provided you do so in a fair and legal manner and that do not damage or take advantage of our reputation.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

Termination

You may terminate the Terms, with or without cause and at any time, by discontinuing your access and use of our website and destroying all materials obtained from it.

You agree that, without notice, we may terminate the Terms, or suspend your access to our Website, with or without cause at any time and effective immediately. The Terms will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of the Terms. To the maximum extent law allows, we will not be responsible for any loss, damage, harm or consequence, including any delay or inconvenience, you may suffer as a result of termination.

You agree that, without notice, we may terminate the Terms, or suspend your access to our Website, with or without cause at any time and effective immediately. The Terms will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of the Terms. To the maximum extent law allows, we will not be responsible for any loss, damage, harm or consequence, including any delay or inconvenience, you may suffer as a result of termination.

Applicable Law and Jurisdiction

The Terms are subject to and shall be construed in accordance with English law without reference to its conflict of law rules, as the sole and exclusive governing law.

Contact

To contact us in relation to these terms of use, please email [email protected] stating in the subject matter of your email ‘Question re Website Terms of Use’.