YOU ARE BEING PRESENTED THIS AGREEMENT FOR ACCEPTANCE VIA Fynbos Technologies LLC. (THE “MARKETING PARTNER”). MARKETING PARTNER IS NOT THE SUPPLIER OF SERVICES DESCRIBED IN THIS AGREEMENT, THE PAYMENTS PROVIDER IDENTIFIED BELOW AND MACHNET ARE THE SUPPLIER OF SUCH SERVICES. MARKETING PARTNER DOES NOT PROVIDE ANY FINANCIAL SERVICES.
You must agree to this Agreement prior to using our services.
Machnet may amend this Agreement at any time by posting a revised version on the service platform. All amendments will be effective immediately after they are posted on the service platform.
In this Agreement, “you” or “your” means any person or entity (“Users”) using the Service. Unless otherwise stated “we”, “Platform” or “our” will refer to Machnet.
By clicking on “I Agree” during registration in our service platform, it will be deemed that you have read and understood the Terms and Conditions and that you agree to accept and abide by the Terms and Conditions of this user agreement.
“Account” means a unique account supplied by Machnet accessible via the User ID and User Password through which User can send, receive and exchange data to, from and among User, Machnet and Third-Party Servicers. The Account is not a financial account; financial accounts in the Services are provided by Payments Providers.
“Affiliate” means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person’s principal partners, shareholders, or owners of some other ownership interest.
“Alliance Partner” means Synapse or any third-party service provider that is not itself a Payments Provider.
“Fees” means the fees applicable to the Service as disclosed on the Site, via the Account or by other means.
“Payment Account” means a direct deposit account, stored value account or other financial account supplied to User by a Payments Provider on direct terms between User and the Payments Provider.
“Payment Method” means your bank account or your debit cards linked and registered in the service platform by you to pay for the transaction created by you. Such bank accounts and debit cards are authorized by you to our Payments Provider to debit the amounts required by us to complete the transaction entered by you in the service platform.
“Payment Service” means a Service that includes taking possession of User funds, such as money transmission or payment processing.
“Payments Provider” means Evolve Bank & Trust or another financial institution that supply Payment Services (e.g. money transmission or payment processing) pursuant to Third-Party Servicer Terms, such as they may be disclosed to User from time to time.
“Person” is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity.
“Recipient” means an individual or entity to whom you wish to make a payment Transaction using the Service.
“Service” means any product, service displayed or offered on or through the Platform whether by us or a Third-Party Servicer.
“Site” means the website and/or mobile app of the Marketing Partner or such other site, app or portal through which the Service is made available.
“Synapse” means Synapse Financial Technologies, Inc., a Third-Party Servicer.
“Third-Party Servicer” means an Alliance Partner, a Payments Provider or other third party engaged to supply Third-Party Services to the User under Third-Party Servicer Terms.
“Third-Party Servicer Terms” are the terms by which Third-Party Servicers supply their Third-Party Services.
“Transaction” means an actual or attempted transfer of money using the Services involving a Payments Account or otherwise.
“User ID” means the user identification chosen by the User used to access the Account.
“User Password” means the password chosen by the User and registered by the service platform which, along with the User ID, will enable the User to avail of services and enter into transactions in respect of the services offered on the service platform or do such other acts as the service platform may permit.
The site is powered by technology provided by Machnet. The Payment Services are provided by Payments Providers through their arrangement with Alliance Partners. Synapse, an Alliance Partner, is an agent of Evolve Bank & Trust, a Payments Provider. Through Machnet’s relationship with Synapse and by extension the Payments Provider, Evolve Bank & Trust, Machnet is able to enable these services in our service platform. Machnet is not a bank, money transmitter or other form of money services business, it is instead it (i) assists Third-Party Servicers to obtain customers such as you; and (ii) communicates your instructions and information to, from and among you, Machnet and Third-Party Servicers.
The Marketing Partner is a partner of Machnet engaged to market the services and its functions involve marketing, facilitating onboarding of the customers and transaction initiated by the customers.
User hereby instructs Machnet to send User Transaction information and non-public personal information concerning the User to, from and among Third-Party Servicers in order for User to be able to access the Services of each of Machnet and Third-Party Servicers.
Machnet shall provide User with a unique and private Account accessible through the Service. The Account shall be a record of User Transactions and Fees. Machnet shall provide User with access codes for the Account. User shall not disclose such codes or permit any third party to use them. User has exclusive responsibility for the use of User Account. Machnet will invite User to enter certain preferences and specifications within the Application or the Account that will apply to the Services; User assumes exclusive responsibility for such selections even if they contain errors by User or result in losses to User. Any additional terms and conditions posted to the Site with respect to the Account or specific Services preferences selected by User are incorporated herein by reference.
Except as required to deliver the Services or as otherwise required by law, Machnet shall not grant any third party access to User Account, User ID or User Password.
User shall notify Machnet by email to firstname.lastname@example.org immediately of any loss or disclosure, whether voluntary or otherwise, of any User ID or User Password or other Account credentials to a third party. User is responsible for all activity occurring under its User ID. Machnet reserves the right to replace the User ID in its sole discretion for any reason or for no reason.
User shall provide, at User’s own expense, all necessary hardware, applications and internet connectivity necessary to access the Services. User acknowledges that the internet can be unpredictable in performance, unsecure and may, from time to time, impede access to the Services or performance hereunder. User agrees that Machnet is not responsible for any internet outages, unsecure WIFI or other connections or any other interference with User’s use of or access to the Services or security breaches arising from any User Device and User waives any and all claims against Machnet in connection therewith.
The following Persons are prohibited from using the Services: (i) Persons who appear on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN); (ii) Persons who are less than 18 years of age; (iii) Persons, or their Affiliates who have procured services from Machnet and have been terminated for cause by Machnet; and (iv) individual consumers. Machnet reserves the right to decline to provide Services or terminate Services to one or another type of business or activity; Machnet shall notify User of prohibited business types through the Site, the Account or by other means. In any case, any business that is illegal or operates in support of illegal activity is prohibited from using the Services.
Limitations on Use
User shall not: (i) permit any party to access or use the Services other than as authorized under this Agreement; (ii) modify, adapt, alter or translate any software of Machnet systems underlying the Services; (iii) license, lease, rent, loan, distribute, or otherwise transfer the Services to any third party; (iv) except if, and solely to the extent that, such a restriction is impermissible under applicable law, reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or algorithms, structure or organization) of any software or Machnet systems underlying the Services; (v) use or copy the any software or Machnet systems underlying the Service except as expressly allowed hereunder; (vi) conduct or promote any illegal activities while using the Service; (vii) use the Services to generate unsolicited email advertisements or spam; (viii) use the Service to stalk, harass or harm another individual; (ix) use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts); (x) except if, and solely to the extent that, such a restriction is impermissible under applicable law, interfere in any way with the proper functioning of the Service or interfere with or disrupt any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (xi) attempt to gain access to secured portions of the Service to which it does not possess access rights; (xii) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (xiii) use any robot, spider, other automatic device, or manual process to extract, “screen scrape”, monitor, “mine”, or copy any static or dynamic web page on the Services or the content contained on any such web page for commercial use without our prior express written permission; (xiv) impersonate any person or entity, or otherwise misrepresent its affiliation with a person or entity; (xv) mirror or frame the Service or any content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (xvi) publicly display or publicly perform any part of the Service. User may not use the Service for any purpose other than a purpose for which the Service are expressly designed. If User is prohibited under applicable laws from using the Services, User may not use them.
a. provide true, accurate, current and complete information about themselves as prompted by the registration form for the Account on the Platform;
b. maintain and update this information to keep it true, accurate, current and complete at all times; and
c. indemnify Machnet and all Third-Party Servicers, for any losses caused to us, or them or another third party, due to any act or omission by User or any information provided by User to us, or a Third-Party Servicer, being untrue, inaccurate, not current or incomplete in any respect. Neither Machnet nor any Third-Party Servicer shall be responsible for any losses sustained due to any act or omission of User or due to untrue, inaccurate, non-current or incomplete information provided by User to Machnet or any Third-Party Servicer. If any information provided by you is untrue, inaccurate, non-current or incomplete, we and each Third-Party Servicer, has the right to terminate User’s Account and refuse access to or use of the service platform or any Services.
User shall not:
a. use the Service platform for any purpose that is unlawful in any jurisdiction or not permitted by this Agreement or any Third-Party Servicer Terms;
b. Breach this Agreement, or any other agreement between User and Machnet or any of its Affiliates;
c. Open more than one Account;
d. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law; or
e. Share Transaction numbers or information with anyone except Machnet and Third-Party Servicers or Recipient and User will advise Recipient not to share Transaction numbers or information with anyone other than User, Machnet, Third-Party Servicer or their correspondent.
b. As per the U.S. law requirement to fight the funding of terrorism and money laundering activities, Machnet and Third-Party Servicers are required to obtain, verify, and record information about User. Machnet may require that User provide us with non-public, personal, identifying information about User and Recipient. Machnet may also lawfully obtain information about User from other sources without knowledge of User, including non-personal identifying information that Machnet may obtain while User visits our site or otherwise uses the Service.
d. User authorizes Payments Providers to directly or through third parties, to make any inquiries Machnet or they consider necessary to validate the information that User provides. This may include asking User for additional information and documents, requiring User to take steps to confirm ownership of your e-mail address, mobile device or Payment Method, or verifying User information against third party databases or through other sources. This may also include verifying Recipient information.
e. Machnet and each Third-Party Servicer are entitled to share User information with third parties where required to complete a Transaction. For example, a Payments Provider may share User Transaction information with a correspondent or foreign payor that delivers Transaction funds to Recipients.
Machnet reserves the right to terminate this Agreement, access to its service platform for any reason or for no reason and at any time without prior notice to or consent of User. Additionally, Machnet may suspend or terminate your account as required by any order or directive of a government authority, subpoena or court order or Machnet suspects User of using the Account in furtherance of illegal activity or activity that exposes Machnet to excessive security, financial or reputational risk, as determined by Machnet. Machnet instruct a Payments Provider to complete or refund any incomplete Transactions at the time of suspension or termination unless such Transaction is otherwise prohibited: (i) under applicable law; (ii) by the order or directive of a government authority or a Third-Party Servicer; or (iii) a valid subpoena or court order. Except as permitted by applicable law, User may not close, cancel or terminate the Account or any Transaction to evade an investigation, avoid paying any amounts otherwise due or to evade losses incurred due to exchange rate changes while an incomplete order was processed. Machnet reserves the right to instruct Payments Providers to either complete or cancel any incomplete orders, and upon cancellation of Account, User authorizes us to instruct Payments Providers to complete, cancel or suspend any incomplete orders, and to return the funds associated with such Transactions to User bank account, as applicable. In the event that any party terminates this Agreement or deactivates or cancels their Account, User will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or account errors, Machnet may temporarily suspend access to User Account until the problem is resolved. Those provisions of this Agreement that, by their nature, should survive termination of this Agreement shall survive any such termination including but not limited to those concerning indemnification, limitation of liabilities, confidentiality, governing law and venue.
8.DELETION OF ACCOUNT
a. You may request us to delete your Account by contacting Machnet through contact information provided in the Site.
b. Upon receiving User request to close their Account, Machnet will process the request. This will generally take two (2) business days. Once the Account is deleted, all User information pertaining to your identification, your transactions, etc will also be deleted except to the extent that Machnet is required to retain such information in order to comply with applicable law or assist Third-Party Servicers to comply. Machnet will contact User once the Account is deleted.
c. Once we complete your request, we will not be able to supply any of your information, including but not limited to, information regarding your KYC, transactions initiated by you, transaction receipts, etc. even upon your request. Hence, please ensure that you have obtained necessary backup of all such information before you place a request.
e. Despite your account being deleted, we may contact you for redressal and/or recovery in case we encounter any issue with any transaction created by you in the platform.
9.PAYMENT ACCOUNT AND PAYMENTS
As and when offered to User, User may be able to maintain a Payments Account supplied by a Payments Provider that User will be able to load, maintain and debit as per its terms with the Payments Provider, such as they may be from time to time.
Together with or distinct from the Payments Account, Users may pay for a Transaction via ACH Debit and Debit card payable to a Payments Provider. ACH Deposits generally take 4 to 6 business days whereas debit cards are debited instantly. By using ACH/Cards you authorize our Payments Provider through us to debit the Payment Method provided by you for the noted amount on the date you authorize. You understand that because this is an electronic transaction, these funds may be withdrawn from your account as soon as the date you authorize. You will not dispute our Payments Provider debiting your checking/savings account, so long as the transaction corresponds to the terms indicated in your transaction. In addition, you agree on the following:
a. You agree to pay a Transaction Fee plus the Transaction amount for every transaction that you place in the Service platform. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. You agree to reimburse Payments Providers or us, as the case may be, all Fees if you submit a Transaction that results in the Payments Provider being charged non-sufficient fund fees, chargeback fees, or other similar Fees.
b. In order to collect payment from you, you authorize the Payments Provider to access, charge, or debit funds from any of the Payment Method you provide us in connection with your use of the Service. If your payment fails or is insufficient, we may re-try debiting your Payment Method one or more times without your authorization or you may authorize us to try debiting a different Payment Method. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, the Payments Provider may try to debit your bank account at a later time. You are solely responsible for any fees or charges that may be imposed by the financial institutions associated with your mode of Payment.
c. You shall not be entitled to any benefit accrued to us and our Third-Party Servicers on account of any foreign exchange fluctuation during the course of the services provided by us or Third-Party Servicers. You agree, when you send a Transaction to a Recipient’s bank account, that the bank account is denominated in the currency as set during the time of your Transaction.
d. In case if you fail to make payment and your transaction is already delivered to Recipient, we have the right to take all possible actions to recover the payment, to the extent permitted by law. Your failure to fully pay amounts that you owe us is a material breach of this Agreement and you will be liable for our costs associated with recovery and collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
Machnet reserves the right, but does not have the obligation, to cause funds for a Transaction to be made available to a Recipient before the Payment Provider is in receipt of User Transaction funds. In such case Payments Provider and Machnet reserve the right to not characterize such Transactions as money transmission but, instead, reimbursement of an advance provided to a Recipient.
10.ELECTRONIC FUND TRANSFER
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
11.ACCOUNT AGGREGATION DISCLOSURES (Linking Bank accounts)
12.PAYOUT AND DELIVERY
a. You are solely responsible for any consequence that may come forth upon credit of the payment to the Recipient as per the payout modes determined at the time of entering the transaction. Payout of your transaction shall be completed through authorized correspondent agents of Payments Providers or their designees.
b. Please verify and make sure that the details of the Recipient are correct prior to submitting your Transaction because we are not responsible for detecting inaccuracies. If the information/account/wallet details of the Recipient are incorrect, the funds may be credited to the wrong recipient and may not be recovered. We or our Alliance Partners shall not be liable for such wrong delivery of funds.
a. In the receipt of your instructions concerning Transactions hereunder, Machnet does so as your agent for delivery of such instructions to the Payments Provider servicing you for a Transaction.
b. We shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
c. We shall be entitled, in our sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
d. We shall have the right to, and you hereby authorize us to, verify any information provided by you. As a standard KYC check we may be required to verify your identity details, which may leave a Machnet footprint on your credit file.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. In any event, you may have a right to a refund as expressly described herein.
15.REFUND OF REMITTANCE PAYMENT
a. Pursuant to Third-Party Servicer Terms with Payments Providers, you may cancel your Transaction for a full refund within 30 minutes of creating your Transaction, unless the funds have already been paid out to Recipient or your transaction has been picked up for processing. After 30 minutes, Payments Providers generally do not provide refunds unless they did not process your Transaction according to your instructions or they are unable to pay out the Transaction. To request a refund, please contact Machnet.
b. We will instruct the Payments Provider to make every effort not to debit your Payment Method after we have received your request for cancellation. However, in some cases, they may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Payment Method may be debited even if you have cancelled your Transaction but Payments Provider will refund your money usually within fourteen (14) business days, after we have received the funds from your financial institution. This shall apply only if your transaction has not been delivered to your Recipient.
c. Refunds will be credited to the same Payment Method used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time your Transaction was submitted.
d. The amount of funds that is returned to the User shall be the amount after deducting any service charges and other expenses incurred while refunding the funds.
e. If Machnet determines to refund remittance payment funds to you, these funds may be returned to you by the Payments Provider at the exchange rates established by Machnet on the date of return. Machnet shall not be liable to the registered user for any loss occurring due to cancellation or refund of a remittance payment.
If you face any issues during your onboarding and/or during the course of your transaction, you may contact the Marketing Partner at the contact details mentioned below:
a. if you believe a transaction receipt or a statement is wrong, or
b. if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
16.1 TIME PERIODS
Ten-Day Time Period: Machnet will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Machnet shall report the results to the consumer in writing within three business days after completing its investigation. Machnet shall correct the error within one business day after determining that an error occurred.
Forty Five-Day Time Period: If Machnet is unable to complete its investigation within 10 business days, Payments Provider may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided does the following:
a. Provisionally credits the consumer’s account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Machnet need not provisionally credit the consumer’s account if:
- does not receive written confirmation within 10 business days of an oral notice of error; or
- The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
b. Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
c. Corrects the error, if any, within one business day after determining that an error occurred; and
d. Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).
16.2 EXTENSION OF TIME PERIODS
The time periods described above may be extended as follows:
a. Extension of Ten-Day Time Period – The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
b. Extension of Forty Five-Day Time Period – The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
In case your grievances are not addressed by the Machnet or for any escalation purposes, please contact Machnet in the following details:
Email Address: email@example.com
Phone no.: +1-(408) 539-6455
If you believe Machnet has committed an error, please contact us at . Please provide us with information sufficient to identify you, your account and your transaction details. You must contact us within 30 days after the transaction occurred. We will use our best efforts to either correct the error or explain to you why we believe that transaction was correct within 30 days of receiving your request. Any claim of an error received after 30 days from the date of the alleged error shall be null and void.
EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY COMPETENT COURT WITHOUT THE POSTING OF A BOND), ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE FINALLY SETTLED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND Machnet HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THIS AGREEMENT SHALL BE GOVERNED PURSUANT TO DELAWARE LAW. THE ARBITRATION SHALL TAKE PLACE IN WILMONGTON, DELAWARE IN THE ENGLISH LANGUAGE AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THIS AGREEMENT SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
17.3 TIME LIMIATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Machnet must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
18. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
Machnet is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Service platform, and is the copyright owner or licensee of the content and/or information on the service platform including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Service platform. All rights on the service platform are reserved and you may not download and/or save a copy of the Service platform or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of Machnet (except as otherwise provided on the service platform or in this Agreement for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits Machnet or Alliance Partners. However, you may print a copy of the information on this Site for your personal use or records. This service platform is for your personal use. Use of this service platform, except as otherwise provided above, may result in a violation of copyright and other laws of governing jurisdictions, and may be subject to penalties. We do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the service platform.
User shall defend, indemnify, and hold harmless Machnet, its employees, officers, directors Affiliates, suppliers, licensors, Third-Party Servicers and other customers against any and all liability including damages, recoveries, deficiencies, interest, penalties, losses and reasonable attorney’s fees arising out of or relating to: (i) any breach of the terms hereof; (ii) any breach of a Third-Party Servicer Terms; (iii) any violation of any applicable laws; (iv) User use of the Services; (v) any Transaction; (vi) any financial transaction occurring as a result of data communicated via Machnet; (viii) any act or omission of any Third-Party Servicer or User; (ix) costs incurred by Machnet enforcing the terms hereof or responding to any subpoena relating to User or a Third-Party Servicer; (x) any claim by a governmental taxing authority; or (xi) any dispute between User and any third party.
20.LIMITATION OF LIABILITY
IN NO EVENT WILL MACHNET BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT EXCEEDING FEES PAID IN RESPECT OF THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. IN NO EVENT SHALL MACHNET BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICERS.
IN NO EVENT SHALL MACHNET BE LIABLE TO USER FOR ANY (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, (II) LOST SAVINGS, PROFITS, DATA, USE, OR GOODWILL, (III) BUSINESS INTERRUPTION EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, OR (IV) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE. IN NO EVENT SHALL MACHNET BE LIABLE FOR PROCUREMENT OR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
TO THE EXTENT THAT MACHNET MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF MACHNET’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Machnet shall not be liable for any claims, losses or liabilities related to any Third-Party Servicer Service; the rights and obligations of User with respect to Third-Party Servicer Services are set out in Third-Party Servicer Terms.
You acknowledge that this Agreement shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means: (i) this Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Machnet.
Communications may be provided to you through the use of autodialed or prerecorded message calls or text messages at the telephone number(s) that you provide us with. We may contact you directly or we may share your phone number with service providers with whom we contract to provide such Communications. Standard telephone minute and text charges may apply.
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this Agreement.
a. Entire Agreement. The Agreement constitutes the entire agreement between us and governs your use of the Service, superseding any prior agreements between you and Machnet. Nothing in this Agreement shall serve to limit the rights of Third-Party Servicers under their respective Third-Party Servicer Terms, such as they may be from time to time. Without limitation to the rights of Machnet, Third-Party Servicers shall each be third party beneficiaries under this Agreement and entitled to enforce the terms hereof versus User.
b. No Waiver. The failure of Machnet to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
c. Force Majeure. We shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.
d. Modification. We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.
e. Other Terms. This Agreement may be supplemented by terms applicable to other promotions, our Referral Program, and other terms applicable to you based upon your use of the Service. These terms are incorporated into this Agreement by reference. To the extent that any of these terms are determined to be in conflict with this Agreement, this Agreement shall control.
BY ACCESSING AND / OR USING THIS SERVICE PLATFORM OR PORTION / PAGE THEREOF AND / OR ANY FACILITIES YOU AGREE TO THIS AGREEMENT.
Fynbos Technologies LLC
30 North Gould Street Suite R
Sheridan, WY 82801
Phone: +1 (856) 249-3067