Transparency is a recurring Checkout.com value that is reflected in our pricing promise, our security protocol and our legal agreements.
These Dashboard Terms describe how you, as the Checkout.com Sub-Merchant or Platform Merchant, may use Checkout.com's Hosted Onboarding Services.
By using the Hosted Onboarding Services, you expressly agree to the terms and conditions of these Dashboard Terms and any updates or amendments to those made from time to time by Checkout.com. Therefore, it is important that you regularly check our website as throughout these Dashboard Terms, we make reference to various matters that may be notified to you on our website.
These Dashboard Terms incorporate and comprise:
Part 1 - General Terms: These are the terms that apply to our relationship with you for the Hosted Onboarding Services.
Part 2 - Definitions: The meaning of capitalized terms in these Dashboard Terms is set out here.
1. Checkout.com Dashboard
1.1. The Checkout.com Dashboard will help you access Checkout payment services by creating an account. By creating an account, you can submit the necessary information for onboarding verification. You are responsible for ensuring all information you have provided in connection with these Dashboard Terms is true, accurate, up to date and complete, as it becomes legally binding.
1.2. The Checkout.com Dashboard may perform certain actions on your behalf, in line with the relevant and applicable provisions contained in your Payment Processing Agreement. Actions may be submitted, initiated, or performed through the Checkout.com Dashboard or through the API, and this includes the communication of information about transactions (if applicable), as well as other features as described in the Platform Agreement.
1.3. For access-related issues or queries regarding Checkout payment services, please reach out to Checkout.com at [email protected].
2. Your Confirmations
2.1. You represent and warrant that as of today and throughout the term of these Dashboard Terms:
3. Data Protection and Privacy
3.1. By agreeing to these terms, you acknowledge that you have read, understood, and accepted our Privacy Policy (Privacy Policy Checkout.com) which sets out how we will process any Relevant Personal Data. Both parties acknowledge and agree that when processing the Relevant Personal Data in connection with these Merchant Terms, they will each act as independent data controllers.
3.2. We shall process the Relevant Personal Data (along with any relevant data sub-processors that we work with) to fulfill our legal and contractual obligations, for internal research, fraud security, risk management, product development, improving our services, analytics, assessing credit and information security risks, alongside any other purposes we will inform you about from time-to-time.
4. Limitation of Liability
4.1. Checkout.com is not liable for:
a. your obligations to the Platform under your Payment Processing Agreement;
b. your compliance with Applicable Laws, regulatory requirements, Payment Scheme Rules or any other obligations you might have and be subject to in your particular jurisdiction;
c. your obligations to your customers including, but not limited to, delivery of goods and services, providing customer service, payments, refunds, chargebacks;
d. any Platform's acts or omissions in providing services to you or your customers, or for any Platform's failure to comply with the terms of your Platform Processing Agreement;
e. any acts or omissions by Checkout.com in providing services to you or your customers, or any failure to comply with the terms of your Platform Agreement;
f. loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage; or
g. actions taken based on any information you provided via the Dashboard.
4.2. Nothing in these Dashboard Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
4.3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
4.4. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Checkout.com Dashboard.
4.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Hosted Onboarding Service or to your uploading or downloading of any content on it, or on any website linked to it.
5. Intellectual Property
5.1. We (or our licensors) own all intellectual property rights subsisting in the API and/or the software including other related materials. You are granted a limited, non-exclusive and non-transferable personal license (without the right to sub-license) only to use the API, software and all other materials made available by us solely for the purpose of using our Services.
6. Term, Termination and Effect of Termination
6.1. The term of these Dashboard Terms begins when you register your Checkout.com account and continues until you or Checkout.com terminates these Dashboard Terms. Checkout.com may suspend or terminate these Dashboard Terms at any time for any reason by notifying you unless it is not possible. Upon termination, you will not be able to use or access the Checkout.com Dashboard.
6.2. Terminating these Terms will not affect the Payment Processing Agreement, which can only be terminated according to its terms. These Dashboard Terms will automatically terminate if the Platform Agreement terminates.
7. Effect of Termination
7.1. Upon termination of these Dashboard Terms for any reason, all rights and obligations of the parties to these Dashboard Terms will cease to have effect immediately, save that their respective obligations under those sections which expressly or by implication have effect after termination will continue to be enforceable notwithstanding such termination, including sections 3 (Data Protection and Privacy), 4 (Limitation of Liability), 6 (Term and Termination), 7 (Effect of Termination), 8 (Confidentiality), 9 (Sevratiliby) and 10 (Governing law and Disputes).
7.2. Termination shall not affect the accrued rights, obligations and liabilities of any party as at the date of such termination. You agree that you shall be, and shall remain, liable after termination for any obligations and/or liabilities which occur post-termination, as applicable.
8. Confidentiality
8.1. Checkout.com will keep confidential and will not tell any third party any Platform Merchant Confidential Information which is obtained because of these Dashboard Terms. Checkout.com will protect Confidential Information against unauthorised access. Checkout.com will not use your Confidential Information for any purpose other than to perform its obligations arising out of or in connection with these Dashboard Terms.
8.2. The obligations of confidentiality will not apply to any part of the Confidential Information which is:
a. or was already, or has subsequently become, published or publicly available for use or otherwise in the public domain other than because of a breach of these Dashboard Terms or of any other confidentiality obligation;
b. disclosed by a party under a requirement of Applicable Law or the lawful requirement of any Government Authority but then only to the extent of such required disclosure;
c. already in the possession of Checkout.com other than because of a breach of these Dashboard Terms or of any other confidentiality obligation;
d. disclosed by us to any Payment Scheme when required by Scheme Rules or anyone else who is involved in providing the services to you;
e. required to be disclosed to a third party, who has the same confidentiality obligations as set out in these Dashboard Terms for the purposes of (i) equity or debt financing; (ii) acquisition or sale of a business or assets; or (iii) acquisition or sale of a corporate entity or the shares in such entity; or
f. disclosed by us to any member of Checkout.com Group Company.
8.3 Confidentiality obligations shall last for 5 years after these Dashboard Terms have ended.
9. Severability
9.1. If any provision of these Dashboard Terms are found by any court or other administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then that provision will, to the extent required, be given no effect and will be treated as though it were not included in these Dasbhoard Terms. The validity or enforceability of the remaining provisions of these Dashboard Terms will not be affected.
10. Governing Law and Disputes
10.1. Any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
10.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Dashboard Terms or its subject matter or formation (including non-contractual disputes or claims). If you are incorporated in a country or have assets in a country outside the United Kingdom, we may choose to enforce any judgment in that relevant country.
Part 2 - Definitions
APM or Alternative Payment Method: is a payment method which can be used by a buyer as a means of payment for a transaction and which is accepted by you as an alternative to a card (such as bank transfers, direct debits, vouchers, post-pay solutions and wallets).
Applicable Laws: are all laws, orders, decrees, rules, regulations, circulars, notices or guidelines (including the requirements of any Government Authority) that have legal effect and as applicable to a party in respect of its rights and/or obligations under these Terms (and, in your case, in relation to any transaction, refund or chargeback) in force in any applicable jurisdiction from time to time. These include anti-money laundering, anti-bribery, anti-terrorist financing, sanctions, data privacy, tax and consumer protection laws (as applicable).
Confidential Information: is all information related to these Dashboard Terms which is not, or does not become, publicly known. This includes anything we tell each other and anything in writing.
Government Authority: is any competent government or regulatory authority, law enforcement department or agency, court of law or other law, rule or regulation making body that has jurisdiction over a party and/or where a party submits or is subject to, in any relevant territory.
Group Company: is (i) any direct or indirect holding company of a party; and/or (ii) any direct or indirect subsidiary of a party or of any relevant holding company of a party, including, where applicable, the party itself.
Hosted Onboarding Services (or ‘Services’): are the services provided by Checkout.com under these Dashboard Terms, which refer to a digital solution offered to the Platforms for facilitating the onboarding and necessary verification of their Platform Merchant. The Services are subject to these Dashboard Terms and the associated Payment Processing Agreement. The Services interface, used for submission of required information, forms part of the Checkout Dashboard as defined in these Dashboard Terms.
Payment Scheme: is an entity regulating and/or offering the relevant payment method, including card schemes such as Visa or MasterCard and APM providers.
Payment Scheme Rules: are the rules, regulations, operating regulations, procedures and waivers issued by a Payment Scheme including the requirements of any third-party acquirer. The Payment Scheme Rules specifically include Visa Inc. (referred to as ‘Visa Core Rules and Visa Product and Service Rules’ and available at https://www.visaeurope.com/about-us/policy-and-regulation/veor), MasterCard Worldwide (referred to as ‘MasterCard Rules’ and available at https://www.mastercard.com/ca/merchant/en/getstarted/BM_Manual.pdf), Union Pay International, Cartes Bancaires, JCB, American Express and Diners Club International/Discover Network rules and Payment Method Rules. Those rules that are not publicly available will be communicated to you from time to time in accordance with the guidance and instruction of the relevant Payment Scheme.
Platform: is the e-commerce entity that has entered into a Platform Agreement with Checkout.com. The Platform makes available its e-commerce services for use to you, either as a Checkout.com Sub-Merchant or a Platform Merchant. This includes the facilitation of onboarding and verification through the Hosted Onboarding Services as provided by Checkout.com.
Platform Agreement: is the agreement between Checkout.com and the Platform.
Platform Merchant (Checkout.com Sub-Merchant): is a Platform user(s) that has an agreement with the Platform to use the Platform and Checkout.com services.
Payment Processing Agreement: is the agreement between the Platform and its Platform Merchants.
Relevant Personal Data: is the personal data that you will share with us and that we will process while performing our Services.
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