We are Discover Calabria Ltd. References to “you” and “your” in these online payment terms means the person using the website’s online checkout system. “We”, “us” and “our” means Discover Calabria Ltd. By using our online checkout system, you are agreeing to the terms and the process defined below.
Discover Calabria Ltd. uses the service provided by Stripe Payment Gateway. By using our online checkout service, you are entering an agreement with Discover Calabria Ltd and committing to abide by the booking terms & conditions highlighted below.
Stripe Payment Gateway Terms & Conditions
These Stripe Checkout User Terms of Service are a legal agreement between Stripe Payments Europe, Ltd. (“Stripe,” “we” or “us”) and you, the user of the Stripe Checkout service (“you”). By using the Stripe Checkout service, you agree to be bound by these terms and conditions.
The Stripe Checkout service (“Stripe Checkout”) is technology that makes it easier for merchants on the Internet (“Merchants”) to collect payment from individuals like you. Stripe Checkout also makes it easy for you to store a credit card or debit card (“Payment Credentials”) with Stripe for use across the websites of Merchants who’ve chosen to enable it.
2. Using Stripe Checkout
When you check out on the website of a Merchant that has Stripe Checkout enabled, we will ask you if you’d like us to remember you. When you allow us to remember you, Stripe will store certain identifying information, such as a password, your email address, or your mobile phone number (“Stripe Credentials”), and your Payment Credentials. The advantage of remembering you is that it will make your checkout quicker and easier if you come back to the same website, or to any of the other websites that use Stripe (a “Checkout Enabled Site”)–this can be especially handy when you’re on a mobile device or don’t have your credit card in front of you.
If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.
3. Our Role
Stripe Checkout 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 Stripe Checkout. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using Stripe Checkout, not Stripe. Stripe will use our reasonable efforts to keep your Payment Credentials secure.
4. Making Changes
If you want to delete your Payment Credentials, stop storing information using Stripe Checkout, or change your settings, you can send an email to firstname.lastname@example.org.
5. Representations and Warranties
By using Stripe Checkout you represent and warrant that you are at least 18 years of age and that you will not use Stripe Checkout for any fraudulent, unlawful or abusive purpose.
Stripe Checkout, including all content, software, functions, materials and information made available on, provided in connection with or accessible through Stripe Checkout, are provided "as is". To the fullest extent permissible by law, Stripe, its affiliates and their agents, merchants or independent contractors (The "Disclaiming Entities"), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by Stripe Checkout, or for any breach of security associated with the transmission of sensitive information through Stipe Checkout. Each disclaiming entity disclaims without limitation, any warranty of any kind with respect to the services, non-infringement, merchantability, or fitness for a particular purpose. The disclaiming entities do not warrant that the functions contained in the services will be uninterrupted or error free. The disclaiming entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing acceptance, completion or settlement of payment transactions. The disclaiming entities are not responsible for the accuracy of any payment instrument, offer or reward program item information, including, without limitation, whether such information is accurate.
7. Limitations of Liability; Force Majeure
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 loos 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 is the disclaiming entity has been advised of the possibility of such damage or loss. In no event shall the disclaiming entities total cumulative liability arising from or relating to these Terms of Service Exceed $10 US Dollars. 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.
8. Governing Law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of the Republic of Ireland.
Any Dispute shall be finally resolved by arbitration under the LCIA Rules by a sole arbitrator appointed in accordance with the said Rules. It is agreed that the seat of the arbitration shall be Dublin and the language of the arbitration shall be English.
Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Notices and other communications to you may be made by mail, email, postings on the Stripe Website 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 Stripe Website. Notice to Stripe may be made to Stripe, Inc., 3180 18th Street, San Francisco CA 94105.
10. Modification of Terms of Service
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 by posting notification here or otherwise communicating the 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 Stripe Checkout.
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.
12. Data Protection
Upon termination of your use of Stripe Checkout or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: Sections 5 through 14.
Stripe 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 Stripe’s policies governing Stripe Checkout referenced herein, constitutes the entire agreement between you and Stripe with respect to the use of Stripe Checkout. 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 Stripe 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.