PAYCRUISER Terms of USE
Last updated: October 20, 2022
AGREEMENT TO TERMS OF USE
Use of our Mobile App also constitutes acceptance of Apple's Licensed Application End User License Agreement, which is accessible HERE
These Terms and Conditions of Use (the "Terms of Use") apply to the PayCruiser website, PayCruiser Mobile apps, and all associated sites linked to www.paycruiser.com by PayCruiser, its subsidiaries and affiliates (collectively, the "Site"). The PayCruiser site (or mobile apps) is the property of PayCruiser Inc. ("PayCruiser") and its licensors. PayCruiser Inc. owns and controls the processing website. Your access to and use of the PayCruiser site, mobile apps or payment processing interfaces is subject exclusively to these Terms of Use. You will not use the PayCruiser site (or mobile apps), for any purpose that is unlawful or prohibited by these Terms of Use. BY USING the PayCruiser site (or mobile apps), YOU ARE FULLY AGREEING TO THESE TERMS OF USE; CONDITIONS AND DISCLAIMERS CONTAINED IN THIS NOTICE. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY STOP USING the PayCruiser site (or mobile apps). A PDF version of these terms is available HERE.
PERSONAL IDENTIFICATION INFORMATION
User can browse the PayCruiser site (or mobile apps) anonymously, however when user contact us using contact form, we may keep the information with us and may use the email to inform user with new updates and other information. We will never share this information with any 3rd party. Additionally, by using the PayCruiser site (or mobile apps), you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the PayCruiser site (or mobile apps) may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
AUTHENTICATION TO OUR SYSTEM
We can suspend or drop your account in the event that you provide deficient or bogus data. To authentication to our system, you must employ at least two of the following methods
- Something you know, such as a password or passphrase that we send to you by email or text
- Something you have, such as a token device, phone or smart card
- Something you are, such as a biometric
Your passwords/phrases must meet the following:
- A minimum length of at least seven characters
- Contain both numeric and alphabetic characters
- Must be change at least every 90 days
- Do not use group, shared, or generic IDs, passwords, or other authentication methods
You should open a record with us (a "PayCruiser Account") to utilize the Services. During enlistment we will approach you for data, which may incorporate yet isn't constrained to, your name and other individual data. You should give exact and complete data in light of our inquiries, and you should keep that data current. You are completely liable for all movement that happens under your PayCruiser Account, including for any activities taken by people to whom you have conceded access to the PayCruiser Account. We claim all authority to change the record type, suspend or end the PayCruiser Account of any individual who gives mistaken, false, or fragmented data, or who neglects to follow the record enrollment necessities.
CREDIT CARD/PAYMENT & CARD HOLDER DATA PRIVACY
Your Credit Card Details/Payment details are not stored by us and all transactions processed through the PayCruiser site (or mobile apps) are secured and encrypted. We have processes in place to securely delete sensitive authentication data (defined below) post-authorization so that the data is unrecoverable.
We do not store sensitive authentication card data in any form after authorization (even if encrypted). Sensitive authentication data is defined as the following:
- The card verification code or value (three-digit or four-digit number printed on the front or back of a payment card) is not stored under any circumstance.
- The personal identification number (PIN) for debit card transactions is not stored under any circumstance.
In order to safeguard sensitive cardholder data during transmission over open, public networks, we use strong cryptography and security protocols (for example, SSL/TLS, IPSEC, SSH, etc.). These controls are implemented as follows:
- Only trusted keys and certificates are accepted.
- The protocol in use only supports secure versions or configurations.
- The encryption strength is appropriate for the encryption methodology in use.
However, you acknowledge and agree that Internet transmissions in general are never completely private or secure. You understand that any message or information you send to the PayCruiser site (or mobile apps) may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted
If you hold at least one of our card readers, you agree to limit cardholder system components and data to only those individuals whose jobs require such access. Access limitations must include the following:
- Access rights for privileged user IDs must be restricted to the least privileges necessary to perform job responsibilities.
- Privileges must be assigned to individuals based on job classification and function (also called “role-based access control).
- Immediately revoke access for any terminated users
- All media containing cardholder data must be destroyed when no longer needed for business or legal reasons
- ⦁ Hardcopy media must be destroyed by shredding, incineration or pulping so that cardholder data cannot be reconstructed
- ⦁ Containers storing information waiting to be destroyed must be secured (locked) to prevent access to the contents by unauthorized personnel
CURRENCIES ACCEPTED
UNITED STATES DOLLAR (USD) , UNITED STATES DOLLAR COIN (USDC) AND WEST AFRICAN FRANC CFA (XOF). The minimum Transaction Amount is $1 or its equivalent in USDC and XOF; The maximum Transaction Amount is $250 USD or its equivalent in USDC and XOF RESTRICTIONS
We reserve the privilege to report your data to law enforcement in case of illegal activities on the PayCruiser site (or mobile apps).
You may not, nor may you grant any outsider, legitimately or by implication, to:
- Trade the Services, which might be liable to send out limitations forced by US law, including US Export Administration Regulations (15 C.F.R. Part VII)
- participate in any movement that might be disregarding guidelines controlled by the United States Department of the Treasury's Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Disallowed action incorporates however isn't constrained to the arrangement of Services to or to assist a purview, substance, or individual blocked or restricted by pertinent approvals specialists, including yet not restricted to exercises in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. Whenever saw as in clear infringement of these limitations, your record could be terminated and your funds could be held for an indefinite period of time
- Access or screen any material or data on any PayCruiser framework utilizing any manual procedure or robot, bug, scrubber, or other computerized implies
- Except to the degree that any limitation is explicitly disallowed by law, disregard the limitations in any robot prohibition headers on any Service, work around, sidestep, or dodge any of the specialized impediments of the Services, utilize any instrument to empower highlights or functionalities that are in any case crippled in the Services, or decompile, dismantle or in any case figure out the Services
- Perform or endeavor to play out any activities that would meddle with the correct working of the Services, forestall access to or utilization of the Services by our different clients, or force a preposterous or excessively huge burden on our framework
- Duplicate, recreate, change, alter, make subsidiary works, openly show, republish, transfer, post, transmit, exchange or disperse in any capacity material, data or Services from PayCruiser
- Use and advantage from the Services by means of a rental, rent, timesharing, administration agency or other game plan
- Move any rights conceded to you under these General Terms
- Utilize the Services in a manner that diverts or keeps you from obeying traffic or laws
- Utilize the Services for the offer of guns, gun parts, ammo, weapons or different gadgets intended to cause physical damage
- Utilize the Services for any criminal behavior or products or in any capacity that uncovered you, other PayCruiser clients, our accomplices, or PayCruiser to hurt; or in any case utilize the Services aside from as explicitly permitted under these Terms
In the event that we sensibly speculate that your PayCruiser Account has been utilized for an unapproved, illicit, or criminal reason, you give us express approval to share data about you, your PayCruiser Account, and any of your exchanges with law authorization.
AUDIT LOG
PayCruiser site (or mobile apps) continuously perform audit logs during the entirety of the time you are accessing the PayCruiser site (or mobile apps). the PayCruiser site (or mobile apps) monitors for and evaluates all your interactions and collects data such as your IP address and all of your interactions within the PayCruiser site (or mobile apps). We retain audit trail history for at least one year, with a minimum of three months immediately available for analysis.
COMMUNICATION
You agree to us sending messages to your email or cell phones about your record or our administrations, which may incorporate showcasing. You can quit interchanges in manners that are explicit to that specialized technique, for example, by withdrawing from messages, or answering to instant messages with 'STOP'.
You agree to acknowledge and get interchanges from us, including email, instant messages, calls, and pop-up messages to the phone number you give to us when you pursue a PayCruiser record or update the contact data related with your record. Such interchanges may incorporate, however are not restricted to demands for optional confirmation, receipts, updates, notices in regards to updates to your record or record backing, and advertising or limited time correspondences. You recognize that you are most certainly not required to agree to get special messages or calls as a state of utilizing the Services. Call and instant message correspondences might be produced via programmed phone dialing frameworks. Standard message and information rates applied by your mobile phone bearer may apply to the instant messages we send you. You may quit accepting limited time email correspondences we send to you by following the withdraw choices on such messages. You may quit any special calls by advising the guest that you might not want to get future limited time calls. You may just quit instant messages from PayCruiser by answering STOP. You recognize that quitting accepting correspondences may affect your utilization of the Services.
RISK AND VULNERABILITY
We establish a process to identify security vulnerabilities, using reputable outside sources for security vulnerability information, and assign a risk ranking (for example, as “high,” “medium,” or “low”) to newly discovered security vulnerabilities. Risk rankings are to be based on industry best practices as well as consideration of potential impact. For example, criteria for ranking vulnerabilities may include consideration of the CVSS base score, and/or the classification by the vendor, and/or type of systems affected. Methods for evaluating vulnerabilities and assigning risk ratings will vary based on our environment and risk-assessment strategy. Risk rankings, at a minimum, allow to identify all vulnerabilities considered to be a “high risk” to the environment. In addition to the risk ranking, vulnerabilities may be considered “critical” if they pose an imminent threat to the environment, impact critical systems, and/or would result in a potential compromise if not addressed. Examples of critical systems may include security systems, public-facing devices and systems, databases, and other systems that store, process, or transmit cardholder data.
INCIDENT RESPONSE POLICY
Our responses are processed through the following stages: identification, severity classification, containment, eradication, recovery and root cause analysis resulting in improvement of security controls.
How we Contain, Eradicate, Recover and perform Root Cause Analysis
- Notify applicable card associations.
- Alert all necessary parties.
- Merchant
- Merchant bank
- Local FBI Office
- U.S. Secret Service (if Visa payment data is compromised)
- Local authorities (if appropriate)
- OFAC and other global sanctions lists
- Perform an analysis of legal requirements for reporting compromises in every state where clients were affected. Using the following source of information: https://www.ncsl.org/research/telecommunications-and-information-technology/security-breach-notification-laws.aspx
- Collect and protect information associated with the intrusion
- Eliminate the intruder's means of access and any related vulnerabilities
- Research potential risks related to or damage caused by intrusion method used
CHANGE OF USE
We may alter the Terms whenever with notice that we consider to be sensible in light of the current situation, by posting the reconsidered terms on the PayCruiser site (or mobile apps) or conveying it to you through the Services (each an "Amended Version"). The Revised Version will be compelling as of the time it is posted, however won't have any significant bearing retroactively. Your proceeded with utilization of the Services after the posting of a Revised Version establishes your acknowledgment of such Revised Version.
We reserve the right to:
- Change or remove (temporarily or permanently) the PayCruiser site (or mobile apps) or any part of it without notice and confirm that the PayCruiser site (or mobile apps) shall not be liable to you for any such change or removal and.
- Change these Terms and Conditions at any time, and your continued use of the PayCruiser site (or mobile apps) following any changes shall be deemed to be your acceptance of such change.
- By proceeding to utilize our administrations after these updates, you consent to the reconsidered terms. You likewise consent to get notices from us electronically.
LINKS TO THIRD PARTY WEBSITES
PayCruiser site (or mobile apps) may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
RESTRICTIONS AND RESPONSIBILITIES
- Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
- Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement
- Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
- Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
COPYRIGHT
- All our content is copyright by us or we will be having prior written consent of the copyright holder. In any case if you find any violation of copyright law or if the content is yours and you have not given permission to use this. Please contact us immediately and we will remove your content.
- In accessing the PayCruiser site (or mobile apps) you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
DISCLAIMERS AND LIMITATION OF LIABILITY
the PayCruiser site (or mobile apps) is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy To the extent permitted by law, PayCruiser will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the PayCruiser site (or mobile apps). PayCruiser makes no warranty that the functionality of the PayCruiser site (or mobile apps) will be uninterrupted or error free, that defects will be corrected or that the PayCruiser site (or mobile apps) or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PayCruiser for death or personal injury as a result of the negligence of the PayCruiser site (or mobile apps) or that of its employees or agents
SALES, RETURNS, REFUNDS & CANCELLATION POLICY
- All Sales are Final unless & otherwise advised
- Returns are not authorized because PayCruiser transactions are digital transactions (e.g: transfer of digital currency). Once a transaction is initiated, it cannot be reversed or refunded.
- The minimum Transaction Amount is $1 or its equivalent in XOF
- The maximum Transaction Amount is $250 USD or its equivalent in XOF
SHIPPING
Not Applicable.
Shipping Fees
Not Applicable.
Shipping Internationally
Not Applicable.
QUESTIONS ABOUT RETURNS?
If you have questions about returns, please review our SALES, RETURNS, REFUNDS & CANCELLATION term above.
INDEMNITY
You agree to indemnify and hold PayCruiser and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against PayCruiser arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Site.
SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Regulatory Compliances & Security
- We rely on industry standard compliances such as PCI DSS. We also run KYC/KYB/AML internally, using our proprietary real-time KYC/AML engine.
- We run a full site PCI Compliance audit on a quarterly basis, through a FirstData partnership
- We also partner with solutions such as Persona: https://withpersona.com for users Government ID and biometrics verification.
- We also partner with Comply Advantage: https://complyadvantage.com for government regulatory KYC, AML, OFAC and Global sanctions watch. These compliances verifications run every 15 minutes to ensure both new and existing users are verified.
- On the technology side, we partner with companies like Veracode to look out for potential vulnerabilities in our system. We typically run vulnerability scans prior to each deployment of a new release. Also,
- Our platform relies entirely on too factors authentication in order to authenticate users
- We do not store sensitive authentication card data in any form after authorization (even if encrypted)
- We implement access limitations in place and only allow few select privileged users with need-to-know to access restricted information
- We use strong cryptography and security protocols to protect data intransitive and at rest through our entire platform
- We also conduct real-time and scheduled audits logs for all interactions with our platform and our incident response policy is in accordance with PCI guidelines.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Delaware/USA and you hereby submit to the exclusive jurisdiction of the USA courts. For any further information please email [email protected] Or contact us at our office: 2901 West Coast Highway, Suite 200, Newport Beach CA 92663
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have any further questions or comments, you may contact us by: Phone (Toll free): +1-949-258-4388 Mail: 2901 West Coast Highway, Suite 200, Newport Beach CA 92663