We are Blaven Technologies LLP (“we”, “us” or “Blaventech”), a company registered at Warnford Court, 29 Throgmorton Street, London, England, EC2N 2AT
These Terms and Conditions tells you information about us and the legal terms and conditions upon which we provide our services to you.
These Terms and Conditions (the “Terms”) apply to the agreement (the “Agreement”) between you (“you” or the “user”) and us for the provision of the online payment service.
By using our services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. Please note that you agree to be bound by these Terms and the other documents expressly referred to in it, from the time that you register to use the Services up until the time your Account is terminated.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as is set in this Agreement. Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on July 2021.
1. Definitions
“Blaventech Service” means the payment processing solution which enables users to pay for the purchase of goods or services from the Associated Websites: through cash payments, credit cards, online banking and other local payment methods offered by the Processor;
“Information” means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.
“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; and
“Intellectual Property” means any artistic, musical, dramatic or literary work, invention, sign, symbol, logo, sounds, slogan, colour, computer program or other materials on which any person has Intellectual Property Rights.
“User Account” means the user’s registration created by Blaventech for each user who uses Blaventech’s payment services in an Associated Website. This registration is internal and of exclusive use of Blaventech and the user accepts to its creation and maintenance by using Blaventech’s services.
“User Registration Fee” means the user upon registration shall make the payment for the first month.
2. Age requirement
2.1. You must be at least 18 years old to use our Services. We will not provide the Services to you if you do not satisfy this age requirement. If you are under 18 years old, please do not attempt to use our Services. Further, if in your country of residence or kin the country from where you access our services, the legal age is above 18 years old, by using the services you declare you are of that age or older.
2.2. By using our Services, you warrant that you have the right, authority, comply with the age restriction and capacity to enter into and be bound by these Terms.
3. Accredited Websites
3.1. Blaventech provides local payment methods to the users through integration with certain websites. (“Accredited Websites”).
3.2. To use the Services on an Accredited Website, you must register with such Accredited Website.
3.3. By submitting your personal data to the Accredited Website, you acknowledge that Blaventech will have no responsibility to the processing of such personal data and you agree to have your personal data processed in accordance with the Accredited Website’s privacy policy.
4. Use of Blaventech Payment Services
4.1. By using Blaventech you will be able to purchase goods and or services using online payments methods provided by Blaventech in Associated Website.
4.2. You shall only use the Services for lawful purposes. You shall not use the Services to receive or transmit material that is harassing, and defamatory, in breach of confidentiality or violation of any Intellectual Property Rights or applicable laws.
4.3. Without prejudice to the right of initiating legal proceedings or reporting the fact to the relevant authorities, in the event that we have reasons to believe that you are making any illegal and/or unauthorised use of the Services, we reserve the right to restrict your access, suspend or cancel your access to our Services without prior notice:
Illegal and/or unauthorised use of the Services includes but is not limited to:
4.3.1. submitting false, inappropriate or inaccurate account details or personal data to us or to any Accredited Website;
4.3.2. engaging in any illegal and/or fraudulent activity;
4.3.3. acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or a third party; and
4.3.4. providing, creating or disseminating computer viruses.
4.3.5. using the Services without satisfying the age requirement of at least 18 years old or applicable age;
Further, any other irregular activity which diverges from the normal use of our services and which harms or may potentially harm either Blaventech, or any other third party. By harm both monetary and non-monetary damages are included such as moral damage, threats or bribery actions.
4.4. Blaventech will operate the Associated Websites with the reasonable skill and care of an online service provider based on the relevant industry standard.
4.5. Blaventech will use its reasonable endeavours to maintain the operation of the Website and the Services. Whenever it is necessary to temporarily suspend the Services for operational or other reasons, Blaventech will use its reasonable endeavours to restore the Website and re-establish the provision of the Services.
4.6. The user acknowledges and agrees that any payment processed via the Services may be subject to limits and conditions imposed by the applicable legislation and any regulation authority, and that Blaventech reserves the right to restrict the maximum amount of any transaction processed by Blaventech accordingly.
4.7. Blaventech reserves the right to refuse the process transactions through the Services where such transactions are not complaint with the applicable legislation, any regulation authority codes of practice or Blaventech’s policies or operations standards.
4.8. The user acknowledges that delays may occur on transferring funds between Blaventech and the Accredited Websites, or for any other reason related to the operation of the financial network Blaventech shall not be liable for any delays in the processing of payments via the Services. However, it is user’s responsibility not to use the payment services in a way that exceeds the maximum legal limits imposed to the user by its legislation either of residence, or jurisdiction from where the services are used.
4.9 The user acknowledges and agrees that any transfer of funds made via the Services have the sole purpose of allowing users to make payments in good faith in Accredited Websites, and that none of these payments shall be considered as a credit granted by Blaventech to the user.
4.10. Blaventech does not warrant that the Users’ use of the Services will be uninterrupted or error-free and thus is not bound to 99.9% functionality towards the user.
4.11. Blaventech may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party so as to enable or facilitate the provision of the Services to the user.
4.12. The user accepts and authorizes the exchanging rates used by Blaventech or any intermediary institution used by Blaventech for such purposes.
4.13. Blaventech is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Users acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
4.14. Further, all the funds the user uses throughout our Services must be of legal origins.
5. Intellectual property rights
5.1. The Intellectual Property Rights on Intellectual Property related to the provision of Services and the Website, its functionality and appearance, are either owned by or licensed to Blaventech.
5.2. You are expressly prohibited from:
5.2.1. reproduce,copy, share, edit, transmit, upload, modify, alter, incorporate into any other materials, remove, commercialize, create derivative works from, frame, mirror, republish, download, display, or distribute all or any portion of the Website, the Services and any content thereof in any form or media or by any means; or attempt to de-compile, reverse compile, data mine, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website or the Services or using any Intellectual Property related to the provision of Services and the Website, its functionality and appearance;
5.2.2. Doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website the Services and/or Blaventech’s business in general; and
5.2.3. Doing anything that could be considered an infringement of the Intellectual Property Rights owned and/or licensed to Blaventech without first obtaining the written permission of the owner of the Intellectual Property.
6. How we use your personal information
6.1. This clause sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
6.2. By creating an Account, you are accepting and consenting to the processing of your personal data as set out in this clause.
6.3. For the purposes of this clause, your personal data (“User’s Information”) may be:
6.4.1. information you give to us: this includes, without limitation, your name, address, email address and phone number, financial and credit card information, personal description, proof of your identity or address, and any other information you submit when registering to use our Website or the Services,
6.4.2. Information we collect about you: this includes, without limitation, any information we collect about you related to your usage of the Website and the Services, including information on the payments made by you through Blaventech and the nature of the services and products purchased; and
6.4.3. Information we receive from other sources: this includes, without limitation, information we receive about you if you use any of the other websites we operate or the other services we provide, or information we receive from third parties (including, for example, business partners, sub-contractors, advertising networks, analytics providers, search information providers, credit agencies or other agencies).
6.4. We may use User’s Information in the following ways:
6.4.1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
6.4.2. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
6.4.3.to contact you for your views on our services and to notify you occasionally about important changes or developments to our Website or to our Services;
6.4.4. to manage our Website and Services for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
6.4.5. to improve our Website, Services and any services and products provided by us;
6.4.6. as part of our efforts to keep our Website and the Services safe and secure;
6.4.7. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
6.4.8. to make suggestions and recommendations to you and other users about goods or services that may interest you or them;
6.4.9. to maintain and develop our commercial relationship with you; and
6.4.10. to evaluate any financial risks, verify any risks of money laundering, prevent fraud and make any reports that we are required to make by the applicable law.
6.5. We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this combined information for the purposes set out above.
6.6. We do not sell, rent, or otherwise provide User’s Information to third parties, except where (a) we obtain your consent; (b) it is necessary to provide you with our Services; or (c) we are required or authorised by law;
6.7 We may share User’s Information with:
any of our employees or any member of our group or their employees, where “member of our group” means our subsidiaries, our ultimate holding company and its subsidiaries;
our third-party consultants, (sub-)contractors, suppliers or other service providers who may access your personal information to provide services (including but not limited to IT support services) to us in order to enable us to perform any contract we enter into with you;
auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;
analytics and search engine providers that assist us in the improvement and optimization of our Website and the Services;
our successors in title, our prospective sellers or buyers of our business;
government bodies and law enforcement agencies and in response to other legal and regulatory requests;
any third party where such disclosure is required in order to enforce or apply any contract we enter into with you;
any third party for the purposes of protecting the rights, property, or safety of our company, our customers, or others (including, without limitation, you). This includes exchanging information with other companies and organizations for the purposes of verifying your personal identification or address, fraud protection, anti-money laundering measures and credit risk reduction;
7. Blaventech fees and taxes
7.1. Blaventech does not charge any administration fees from the user.
7.2. The user is responsible for paying any taxes concerning to the transaction processed via the Services.
7.3. Where a user disputes any transaction with any Accredited Website, Blaventech’s sole responsibility will be to verify whether the transaction was made in accordance with the instructions given by the user to the Accredited Website.
7.4. Blaventech shall not be liable for any administration fees charged by the Accredited Websites to the user. Any complaint on the Accredited Websites’ administration fees shall be made by the user by to the Accredited Websites.
8. Registration with Blaventech
8.1. The data used by the user on Accredited Websites will be used to automatically generate a Blaventech “User Account”.
8.2. We may request, at any time (via email, telephone or any other means), any information or documentation that can prove your identity, address and/or authenticity of the transactions. You agree to provide us with true, precise and complete information.
8.3. Your Account is personal and shall not be transferred to any individual. In the event that another individual accesses the Account due to you having provided any of your account details, you shall be liable for this individual’s access. You shall compensate us for all and any losses, damages, costs and expenses we may suffer as a result of any failure by you to keep your account details confidential.
8.4. You are responsible for:
maintaining the confidentiality of the password and username;
not permitting others to use your Account;
not using the Accounts of other Users;
refraining from selling, trading, or otherwise transferring your Account to another party;
immediately notifying us via email at compliance@Blaventech.com if you have any suspicion of unauthorized use of your password or Account or any other breach of security, including unauthorized use of your debit or credit card.
8.5 You must not provide false account details, which include but are not limited to your name, email address, age or location. In the event that we have reasons to believe that you have provided us with false account details, we reserve the right to terminate the provision of our Services to you and restrict your access, suspend or cancel your Account without prior notice. You agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
8.6. You warrant that the email address with which you register your Account is an active, valid email address controlled by you.
9. Our right to vary these terms
9.1. We may revise these Terms from time to time. Every time you use our Services, the Terms in force at that time will apply to the provision of the Services to you.
9.2. We reserve the right to make changes to the Website and the Services from time to time without any prior notice to you provided that such changes have no material adverse effect on you.
10. Liability and Indemnification
10.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is directly caused and a foreseeable result of our breach to these Terms or our gross negligence, but we are not responsible for any loss or damage that is not foreseeable (including in, special or consequential loss) which is not caused by Blaventech’s gross negligence and direct breach to this Terms and Conditions.’
10.2. In no event shall we, our subsidiaries and affiliates, our officers, directors, agents, employees or suppliers be liable for any damages or losses (including, without limitation, in consequential, special, incidental, or punitive damages) caused in whole or part by:
payments made to unwanted recipients or payments in incorrect amounts due to input of incorrect information by the user;
any errors or omissions in the content or operation of the Accredited Websites, misuse of the Accredited Websites or inability to access the Accredited Websites;
delays, losses, errors or omissions resulting from failure of a telecommunications or any other data transmission system or failure of the Accredited Websites’ computer’s system;
the suspension of the Services or on the availability of the Website due to failures, delays, interruptions or otherwise; or
any loss of profit, loss of business, business interruption, or loss of business opportunity.
Any loss or damage caused by the Accredited Website’s product or service.
Further Blaventech in no way is responsible for the services and/or products provided by the Accredited Websites nor their accuracy.
10.3. You agree to indemnify and hold us harmless from any liabilities, claims, losses or demands made by any third party arising from your misuse of the Website or the Services, which includes but is not limited to your breach of these Terms or a breach by you of any applicable law or rights of any third party. You also agree to fully cooperate in the defense of any claim that we may have to respond as a result of your misuse of the Website and Services.
10.4. We will make reasonable efforts to ensure that all transactions are processed in a timely manner. However, a number of factors may delay some transactions, many of which are beyond Blaventech’s control, including without limitation, the processing time, communication failures and delays in the payment system. Blaventech shall not be liable for any loss or damages arising from delay in processing transactions.
10.5. Except to the extent that the loss or damage is caused by the negligence of Blaventech or by a breach of these Terms, Blaventech shall not be liable to the user for any loss or damage which the User may suffer by using third party websites, including the Accredited Websites, and the user acknowledges and agrees that it must claim any rights with such third party websites.
10.6. We shall have no liability for defects on any goods or services purchased or paid by the user through Blaventech and shall not be liable for any charges, fees or other taxes in respect of such goods or services.
11. Suspension of Services
11.1. Blaventech reserves the right to, at any time, suspend the Services for repairs, maintenance or improvements. In the event that Blaventech suspends the Services in accordance with this clause, Blaventech will use its reasonable endeavors to give prior notice to the users, unless the Services are suspended due to suspicion of security breach or fraud.
11.2. Where the Services provided to you are suspended due to suspicion of security breach caused or fraud committed by you, Blaventech reserves the right to:
request that you provide information; and
at its sole discretion, restrict your access, suspend or terminate your Account without provision of any notice.
12. Force Majeure:
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13. Term and termination:
13.1. These Terms will remain in full force and effect while you are using our Services.
13.2. If you wish to cease being a User, you can do so at any time by requesting Blaventech to close the User Account in accordance with the instructions available in the relevant Website’s section. Alternatively, you can send us an email at legal@Blaventechltd.com
14. Communications between us
14.1. When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2. If you wish to contact us in writing for any reason, you can send us a pre-paid post to legal@Blaventech.com
14.3. If we have to contact you or give you notice in writing, we will do so by e-mail, phone or by pre-paid post to the address, phone number or email you provide to us as in your account details.
14.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales.
You and we both agree that the courts of London and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms (including non-contractual disputes or claims).
16. Other important Terms
16.1. These Terms together with the documents referred to in it, contains the entire agreement between us for your use of the Services.
16.2. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permitted by law so as to give effect to the intent of the parties, and the remaining part of these Terms shall continue in full force and effect.
16.3. These terms are between you and us. No other person shall have any rights to enforce any of its terms.
16.4. We may transfer our rights and obligations under these Terms to another organisation without notice to you, but this will not affect your rights or our obligations under these Terms.
16.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
