Conditions of Use

Last updated on [14] December, 2020

Welcome to paymentservices.amazon.com.

Payfort International FZ LLC and/or its affiliates ("Amazon Payment Services", “APS” or “Amazon”) provide website features and services to you when you visit paymentservices.amazon.com (the "Website"), use services or use software provided by APS in connection with any of the foregoing (collectively "APS Services"). “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person. Please see our Privacy Notice to understand how we collect and process your personal information through APS Services. APS provides the APS Services subject to the conditions set out on this page and to any other agreement governing your use of our services.

Conditions of Use

Please read these conditions carefully before using APS Services. By using APS Services, you signify your agreement to be bound by these conditions. We offer a wide range of APS Services, and additional terms shall apply. When you use an APS Service, you will also be subject to the terms, guidelines and conditions applicable to that APS Service ("Service Terms"), which may be set out in a separate agreement governing your use of the APS Services. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. ELECTRONIC COMMUNICATIONS

When you use any APS Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail or by posting e-mail messages or communications on the Website or through the other APS Services. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALIZATION

As part of the APS Services, we will recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any APS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of APS or its content suppliers and is protected by local and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any APS Service is the exclusive property of APS and is protected by local and international copyright and database right laws.

You may not extract and/or re-utilize parts of the content of any APS Service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any APS Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any APS Service without our express written consent.

4. TRADEMARKS

Click here to see a non-exhaustive list APS of trademarks. In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any APS Service are trademarks or trade dress of APS. APS’ trademarks and trade dress may not be used in connection with any service that is not APS', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits APS. All other trademarks not owned by APS that appear in any APS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APS.

5. PATENTS

One or more patents apply to the Website, certain features and services. Click here to see a non-exhaustive list of applicable APS patents and applicable licensed patents.

6. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, APS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the APS Services. This license does not include any resale or commercial use of any APS Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any APS Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by APS or its licensors, suppliers, publishers, rights holders, or other content providers. No APS Service, nor any part of any APS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of APS without our express written consent. You may not use any meta tags or any other "hidden text" utilizing APS' names or trademarks without our express written consent.

You may not misuse the APS Services. You may use the APS Services only as permitted by law. The licenses granted by APS terminate if you do not comply with these Conditions of Use or any Service Terms.

7. YOUR ACCOUNT

You may need your own APS account to use certain APS Services, and you may be required to be logged into the account.

If you use any APS Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the ‘Account Setup’ section of the Website.

You must not use any APS Service: (i) in any way that causes, or is likely to cause, any APS Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other Service Terms and conditions, guidelines or policies.

8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

You may post comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. We reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on any APS Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any APS Service, please notify us by completing and submitting the appropriate notice form and we will respond.

If you post comments, questions, or other content generated by you for display on the Website , you grant APS a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content throughout the world in any media. You grant APS and APS’ sublicenees the right to use the name that you submit in connection with such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify APS for all claims brought by a third party against APS arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. APS has the right but not the obligation to monitor and edit or remove any activity or content. APS takes no responsibility and assumes no liability for any content posted by you or any third party.

9. INTELLECTUAL PROPERTY CLAIMS

APS respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

10. APS SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with APS Services (the "APS Software").

11. SANCTIONS AND EXPORT POLICY

You may not use any APS Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using APS Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including APS Software), technology, and services. Nothing in these Conditions of Use shall, or shall be interpreted or construed to, induce or require APS or you to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable U.S. laws, regulations, rules, or requirements.

12. OUR LIABILITY

We will do our utmost to ensure that availability of the APS Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to APS Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

APS will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the APS Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have services provided within a reasonable time.

13. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any APS Service, or to any services provided by APS or through the Website, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

14. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any APS Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the APS Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

15. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

16. OUR CONTACT DETAILS

This Website is owned and maintained by Payfort International FZ LLC. Our contact details are:
Dubai Internet City
Dubai Properties Headquarters Building
6th Floor, Zone A
Dubai, United Arab Emirates
P.O. Box 500761
https://www.paymentservices.amazon.com

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified below. Please note that this procedure is exclusively for notifying APS that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement can be sent as follows:
Amazon Payment Services
Payfort International FZ LLC Legal Department
Dubai Internet City
Dubai Properties Headquarters Building
6th Floor, Zone A
Dubai, United Arab Emirates
e-mail: [middleeastlegal@amazon.ae]

ADDITIONAL APS SOFTWARE TERMS

1. Use of the APS Software. You may use APS Software solely for purposes of enabling you to use and enjoy the APS Services as provided by APS, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the APS Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the APS Software or otherwise assign any rights to the APS Software in whole or in part. You may not use the APS Software for any illegal purpose. We may cease providing any APS Software and we may terminate your right to use any APS Software at any time. Your rights to use the APS Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain APS Software that are specifically identified in related documentation may apply to that APS Software (or software incorporated with the APS Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any APS Service is the property of APS or its software suppliers and protected by local and international copyright laws.

2. Use of Third Party Services. When you use the APS Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the APS Software, whether in whole or in part, or create any derivative works from or of the APS Software.

4. Updates. In order to keep the APS Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.