These PortPos User Terms of Service are a legal agreement between Portonics Limited. (“PortPos,” “we” or “us”) and you, the user of the PortPos service (“you”). By using the PortPos service, you agree to be bound by these terms and conditions. you agree that you are exercising your full discretion in making the payment using this Service and that you agree to the terms and conditions contained herein.
1. The PortPos service (“PortPos”) is technology that makes it easier for merchants on the Internet (“Merchants”) to collect payment from individuals like you. PortPos also makes it easy for you to store a credit card or debit card (“Payment Credentials”) with PortPos for use across the websites of Merchants.
2. You authorize debit of the nominated card/bank account/digital account for making payment using this Service.
3. It is the sole responsibility of you to ensure that any information entered in the relevant fields are correct, accurate and valid
4. The User shall not use any debit/credit card, or detail of any bank account or digital account that is not lawfully owned by the User, or the use of which is not authorized by the lawful owner thereof.
5. The User’s personal data including, without limitation, details relating to debit card/ credit card/net banking/digital account transmitted over the Internet may be susceptible to misuse, hacking, theft and/or fraud and that PortPos have no control over such matters.
6. In the event of such unauthorized interception, hacking or other unauthorized access to information provided by a User of the Service, PortPos does not accept or assume any liability.
7. PortPos reserves the right to decline a transaction for any reason deemed necessary.
8. When you check out on the website of a Merchant that has PortPos, we will ask you if you’d like us to remember you. When you allow us to remember you, PortPos will store certain identifying information, such as a password, your email address, or your mobile phone number (“PortPos Credentials”), and your Payment Credentials. The advantage of remembering you is that it will make your payment quicker and easier if you come back to the same website, or to any of the other websites that use PortPos–this can be especially handy when you’re on a mobile device or don’t have your credit card in front of you.
10. PortPos is a way of storing your Payment Credentials, but it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using PortPos. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using PortPos, not PortPos. No warranty, representation or guarantee, express or implied, is given by PortPos in respect of the operation of this Service or in connection with the products to be purchased by the User using this Service. PortPos will use our reasonable efforts to keep your Payment Credentials secure.
11. If you want to delete your Payment Credentials or change your settings, you can sign in to myaccount.portpos.com and remove your saved cards.
Representations and Warranties
12. By using PortPos you represent and warrant that you are at least 18 years of age and that you will not use PortPos for any fraudulent, unlawful or abusive purpose.
Limitations of Liability; Force Majeure
13. IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
14. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
15. Any dispute or claim relating to your use of our services is to be governed by and construed in accordance with the laws of Bangladesh. Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of this Agreement, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty-day period provided above, the matter shall be settled by arbitration under Arbitration Act, 2001. Each Party shall appoint one arbitrator and the two arbitrators thus appointed shall jointly appoint an additional arbitrator who shall act as the Chairman of the Tribunal. The arbitration proceedings shall be held in English language at Dhaka, Bangladesh. Each Party shall bear its own Arbitration cost.
16. Notices and other communications to you may be made by mail, email or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the PortPos Website.
Modification of Terms of Service
17. We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time without providing any notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the PortPos.
18. You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
19. Upon stopping the use of PortPos or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: Sections 1-7 and 10.
20. PortPos failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. these Terms of Service, including PortPos’s policies governing PortPos referenced herein, constitutes the entire agreement between you and PortPos with respect to the use of PortPos. These Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than you and PortPos which each shall be a third party beneficiary of these Terms of Service, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.