Terms Of Service & Conditions

IMPORTANT – Read carefully the following agreement before downloading, installing or using the Software or using the Service (as defined below).

By downloading, installing or using the Software or Service, you (defined in this Agreement as the “Client”) agree to be legally bound by this AGREEMENT. If you do not agree to be bound by the terms of this Lizuna Terms of Service.

By downloading, installing or using the Software or Service, you (defined in this Agreement as the “Client”) agree to be legally bound by this AGREEMENT. If you do not agree to be bound by the terms of this agreement, then do not download, install or use the Software or Service.

Furthermore, you hereby waive any rights or requirements under any law or regulation in any jurisdiction which requires an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

The following Terms of Service (the “Terms of Service” or “Agreement”) stipulate the terms and conditions of your use of the Software and the use of online services and other services provided to you by Lizuna G.K (“Lizuna”). The Service is provided solely for your own use. Your use of the Service and Software is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service or Software, you are agreeing to be bound by these Terms of Service. Lizuna reserves the right to amend, discontinue, limit, disable, terminate or cancel any feature of the Service or Software.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Data Protection Laws” with respect to a party, means all laws and other binding legal sources governing data privacy, data security or the processing or handling of personal data, but only to the extent such are applicable to that party and its activities, which laws and legal sources may include (but are not limited to) Directive 95/46/EC of the European Parliament and of the Council as implemented in the national law of EU Member States, any superseding legislation such as Regulation (EU) 2016/679 of the European Parliament and of the Council (also known as General Data Protection Regulation).

“Personal Data” shall have the same meaning as its correlative term under Data Protection Laws.

“Service” fraud screening services performed by Lizuna for Card-Not-Present (CNP) orders.

“Software” Lizuna’s proprietary technology for risk management of credit card transactions, including, without limitation, any patches, revisions, updates, upgrades or replacement thereto to the extent Lizuna has made them available to the Client.

“Submitted Transaction” a card-not-present transaction submitted by Client to Lizuna for review and decision in accordance with the Service.

“Transaction Information” is any and all information or data (including Personal Data) related to a Submitted Transaction or to an individual associated with a Submitted Transaction, which Client provides or makes available to Lizuna.

2. License; Supply of Service

3. Client Account, Warranties and Obligations

4. Data protection and privacy

5. Fees

6. Indemnity and Limitation of Liability

7. Terms and Termination

8. Representations and Warranties

9. Disclaimer of Warranties

EXCEPT FOR THE WARRANTIES PROVIDED IN THIS AGREEMENT, LIZUNA PROVIDES THE USAGE OF THE SERVICE AND SOFTWARE TO CLIENT ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE OR ACCURACY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, LIZUNA DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED ERRORFREE OR WITHOUT INTERRUPTION. LIZUNA DOES NOT PROVIDE THE EQUIPMENT TO ACCESS THE SERVICE AND WILL NOT BE RESPONSIBLE AND/OR LIABLE FOR CLIENT’S INTEGRATION OF THE SOFTWARE AND SERVICE.

10. Export Restrictions

Client acknowledges that the Software and Service may be subject to international rules that govern the export of data and information. Client agrees to comply with all applicable international and national laws and destination restrictions issued by national governments that apply to the Software, and Client shall not: (i) export or allow the export or re-export of the Software and Service in violation of any such restrictions, laws and regulations; (ii) remain in compliance with all requirements associated with these laws; (iii) cooperate fully with any audit related to these laws; and (iv) not utilize the Service in any country that is embargoed by the United States government. Client shall be solely responsible for the importation of the Service, including obtaining any approval or permit necessary for importation or use. Client represents that neither, nor any of the directors, officers, agents, employees, or other persons associated with or acting on Client’s behalf: (i) have received or will receive any unlawful contribution, gift, entertainment, or other payment from Lizuna; (ii) is a governmental entity; or (iii) is in violation of, or will violate any applicable anticorruption or antibribery law. Lizuna shall have an irrevocable right to immediately terminate the Agreement or any other relationship with Client if this subsection is breached.

11. Confidentiality

Each party undertakes to the other to treat as confidential and not to use or exploit any information supplied or made available by the other party under this Agreement which is designated as confidential by it or which is by its nature clearly confidential provided that this section shall not extend to any information which was rightfully in the possession of the other party prior to the commencement of the Services or which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this section). Confidential information shall include but not be limited to work products and derivatives of the Service. Neither party shall divulge any confidential information to any person except to their own employees, affiliates, sub-contractors, partners or agents and then only to those employees, affiliates, sub-contractors, partners or agents who need to know the same and who are bound to such party by similar confidentiality obligations, except when such affiliates, sub-contractors, partners or agents are engaged in and/or provide a substantially competitive service to that of Lizuna. Lizuna shall use and treat Transaction Information in accordance with Lizuna’s Privacy Policy.

12. Independence

13. Transfer of Rights

Client may not assign any rights under this Agreement. Any such purported assignment shall be null and void. Lizuna may assign its rights and obligations under this Agreement.

14. Third Party Services

Lizuna reserves the right to use third party service providers that will assist Lizuna to provide the Services to Client; provided, however, that any act or omission of such service providers shall be deemed to be acts or omissions of Lizuna for purposes of Lizuna’s obligations to Client.

15. Miscellaneous Provisions

Schedule 1

Reasons Codes

Master Card

Discover Card

AA

AMX Card

Schedule 2: LIZUNA SERVICE