June 2, 2016

Terms and Privacy Policy

TERMS OF SERVICE & PRIVACY POLICY

By downloading the Application, using the Services or registering to use the Services, you signify your assent to both these Terms and our Privacy Policy

ByPal (bypal.co or us, our, we) provides an online tool and application to facilitate the trade, recommendation, and sharing of goods and services with specific friend groups or communities,  Allowing to target and promote your friend and  trusted contacts over other unknown users and commercial information (the Application). These Terms of Service (Terms) govern your access, privacy policy and the use of the Application and our website (the Site) and other services that we may provide (collectively, the Services). User or you means a customer who uses the Services.

Please read these Terms  carefully. These Terms govern your access to and use of the Services. By downloading the Application, using the Services or registering to use the Services, you signify your assent to both these Terms and our Privacy Policy, which is available at http://www.bypal.co/privacy . Changes may be made to these Terms from time to time. Your continued use of the Services will be deemed acceptance of any such amended or updated terms. If you do not agree to any of these Terms, please do not click ACCEPT and do not use the Services.

Terms and services  

  1. Use of Services. Subject to the terms and conditions hereof, during the period these Terms are in effect ByPal allows you to use the Services on a non-exclusive basis. ByPal may change, modify or update the Services at any time without prior notice to you, including removing functionality.
  2. Currently, ByPal makes the Services available free-of-charge to you, but ByPal may choose at any time to charge for your future use of the Services.
  3. Persons under the age of 18 (or any other person that is a minor under applicable law) may not use and/or make sales or purchases through the Services. You may not use any or all of the content or Submissions (as defined below) in order to create a database, whether in print or electronically.
  4. Account Registration. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide WhatsApp with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, WhatsApp may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to WhatsApp to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. BayPal will use the information gathered according to its privacy policy. We may change or add method of registration at our discretion.   
  5. ByPal allow you to connect it with your social account to enable social features and to provide extra social information to help us to provide a better service. We may change the method of registration at our discretion. By registering through a social media account you represent and warrant that such account is yours and you have all right to provide us with the information in such account.
  6. ByPal reserves the right to refuse to allow any User to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes.

 

  1. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. ByPal will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold ByPal harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at info@bypal.co
  2. Termination of Account. You agree that we may for any reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms, (c) fraudulent, harassing or abusive behavior, (d) behavior that is harmful to other Users, third parties, the community ethos of our Services or our business interests or (e) our reasonable belief that you have provided false information regarding the goods and services you are offering for sale. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at info@bypal.co.
  3. if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your account at any time and for any reason by sending an e-mail to info@bypal.co. Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
  4. Your Responsibilities. ByPal  provides a platform to assist Users to sell, buy, rent, give, lending or review goods or services they have on third-party websites or services.you may add review on items or services that you had experience with.  You  agree to provide truthful and accurate information of the goods or services and the offer that you are offering. You agree to send and/or provide the goods or services in a timely and secure manner to the buyer. If you are a buyer, you agree to pay the amount agreed upon with the seller in a timely manner and to accept the provided goods and services. ByPal will not have any liability for the failure of a seller to provide any goods or services you have purchased with the Services, for the failure of any User to negotiate in good faith, for the failure of the goods or services to match their description or quoted price, or for the failure of a buyer to pay and/or accept the goods and services. In addition, ByPal has no responsibility for any messages sent to you by a seller through the Services, including whether such messages comply with applicable law. You may only use the Services to make legitimate purchases or sales, and you shall not use the Services to make any speculative, false or fraudulent offers to purchase or sell, rent, lend, give any goods or services. You agree to use the Services solely for your own personal requirements. You shall not, nor allow any third party, to reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Services to any third party or to provide services by means of the Services to any third party. We reserve the right to terminate without notice the account of any User we have reason to believe may be using the Services either fraudulently, in bad faith or in violation of these Terms. ByPal shall have no responsibility for the actions of any User and/or third-party seller or buyer, online or offline, nor for the goods, services, advice, data and information provided by any User and/or third-party seller, buyer, website or services, nor for the terms, services or actions of any third-party website or services. If you have any complaints regarding any of the foregoing, please be in touch directly with the applicable User and/or third-party seller, buyer, website or services.
  5. Affiliate links the use of affiliate link is not allowed in ByPal. ByPal can remove or change the affiliate links with no notification, and can close the user account  We reserve the right to terminate without notice the account of any User we have reason to believe may be using the Services either fraudulently, in bad faith or in violation of these Terms. ByPal shall have no responsibility for the actions of any User and/or third-party seller or buyer, online or offline, nor for the goods, services, advice, data and information provided by any User and/or third-party seller, buyer, website or services, nor for the terms, services or actions of any third-party website or services.
  6. Shipping, Returns and Refunds. ByPal does not have a shipping policy and all shipping terms must be negotiated and agreed with the applicable seller and/or buyer and may be subject to the terms of the third-party website or services upon which the goods and/or services were posted. ByPal does not have any return or refund policy, and all refunds or returns must be negotiated and agreed with the applicable seller and/or buyer and may be subject to the terms of the third-party website or services upon which the goods and/or services were posted. If you are not satisfied with any goods or services you have purchased, or with their shipment, please be in direct contact with the applicable seller and/or the third-party website or services upon which the goods and/or services were posted.
  7. Intellectual Property. All right, title and interest in (a) the Services, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Services; and (b) all trade names, trademarks, and logos of ByPal shall at all times remain solely with ByPal or its licensors. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing or any Services shall mean only the right to use the Services pursuant to these Terms.
  8. Submissions. ByPal allows you to upload images, descriptions and prices of the goods and services that you want to post on social networks and/or sell by means of our Services. ByPal may also allow you to post comments or reviews or other Submissions to the Services. Submissions means anything material that a User transmits to the Services, to another User or to a third-party user while using the Services, including any text, audio or visual material. You are responsible for any Submissions you post or transmit. You are responsible for them being a truthful and accurate representation of whatever goods and/or services that you want to offer for sale. In addition, you represent and warrant that no Submission infringes the intellectual property, moral, publicity or privacy rights of any third party, and that you have all rights necessary to post or transfer such Submission. We do not pre-screen Submissions. We reserve the right, at our sole discretion, to remove any Submissions that we believe violates the letter or spirit of these Terms. We do not claim ownership of your Submissions. However, by sending any Submissions you automatically grant ByPal a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, reproduce, publish, display and distribute Submissions in any manner whatsoever, in or out of context, in all language, in all media, including for our promotional purposes. By posting Submissions you also grant us explicit permission to transfer the Submissions to social networks of your choice. You agree that such Submissions will be subject to the terms and conditions of the social networks upon which they are posted. For more information, please refer to the terms and conditions of the applicable social networks.
    1. You agree that you will not: (a) solicit another person’s password or other personal information under false pretenses; (b) impersonate another User or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another User, to us, or otherwise; (c) violate the legal rights of others, including defaming, abuse, stalking or threatening Users; (d) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (e) post or transmit any Submission that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) violate any applicable law, rule or regulation, (g) publish falsehoods or misrepresentations; (h) post or transmit any Submission that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services; (i) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (j) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (k) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Services.
    2. You may not, nor may you assist other parties to (a) copy, modify, or create derivative works of the Services, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, or (c) attempt to disable or circumvent any security mechanism of the Services. ByPal does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and ByPal expressly disclaims any and all liability in connection with Submissions.
    3. ByPal is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to these Submissions. Further, you understand and acknowledge that you may be exposed to Submissions that are inaccurate, misleading, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against ByPal with respect to thereto.
  9. Copyright Infringement. ByPal does not own any descriptions or pictures of any goods or services provided by any User. ByPal will remove all infringing content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to Users at any time. Under the Digital Millennium Copyright Act of 1998 (the DMCA), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Services infringes their rights. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCAs requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to info@bypal.co.
  10. Privacy Policy. You understand that ByPal collects data you enter in the Services, which data includes information that may personally identify you or describe your personal interests or history (the Personal Information). ByPal may make all use of the Personal Information as set forth in the ByPal Privacy Policy, which may be updated from time to time by ByPal (the Privacy Policy). A current copy of the Privacy Policy is available at http://www.bypal.co/privacy 
  11. Disclaimer. Your use of the Services is at your sole discretion and risk. The Services are provided on an AS-IS and AS-AVAILABLE basis without warranties of any kind. ByPal expressly disclaims any warranties and without limitation, express or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Any reliance on the Services is at your own risk, and ByPal disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Services. Information regarding goods and services, including any pricing information or descriptions, is provided by third parties and ByPal cannot and does not accept any liability in respect thereof.
  12. Limitation of Liability. in no event shall ByPal, its directors, officers, employees, agents or shareholders, be liable to you or any other third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Services, site, content or Submissions. ByPals entire liability under any provision of these terms shall not exceed amounts you have paid to ByPal to use the Services. As such, if you have not made any payment to ByPal to use the Services, ByPal shall have no liability to you in respect thereof. ByPal is not responsible for any connections to or from the Internet. ByPal is not responsible for any telephone network or lines or computer systems or servers. Under no circumstances shall ByPal be responsible for any loss or damage resulting from use of the Services, of any content or Submissions posted on or through the Services, including content or Submissions posted on third-party websites or services, or from the conduct of any User or third-party buyer or seller, whether online or offline.
  13. Indemnification. You agree to indemnify, defend, and hold harmless ByPal and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password or login information, including due to submission of false or inaccurate descriptions of goods or services; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
  14. Term. The term of this agreement shall commence on the date you accept these Terms and shall continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate these Terms at any time by written notice (including via e-mail). Notwithstanding the termination of these Terms, Sections 2 15 shall survive the termination of these Terms for any reason.
  15. Third Parties. ByPal does not endorse any products offered by any User or any other third party. The Services may provide links to third-party websites or third-party services or resources. The Services allow for posting your Submissions on third-party websites or services. We have no control over third-party websites, services, content or resources and all use of the foregoing is at your own risk. Additionally, ByPal cannot accept responsibility for any payments processed or submitted through such third-party websites or services, or for the privacy policies of any such websites and services. ByPal is not responsible for content available by means of such websites and services. ByPal does not endorse any products or offered by third parties and we urge our Users to exercise caution in using third-party websites.

Changes and updates to this Privacy Notice

This Privacy Policy may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. Your continued use of the WhatsApp Site and WhatsApp Service constitutes your agreement to this Privacy Policy and any amendments.

 

Date Last Modified:

This Terms & Privacy Notice was last modified June 2th, 2016