THIS POLICY WAS LAST UPDATED JULY 1ST 2020 (VERSION 2.0)
Privacy & Data Policies
Please read these terms carefully. By using arcarta or registering for an account, you're agreeing to these Terms, which will result in a legal agreement between you and arcarta ("Agreement"). To aid in understanding this agreement let's begin with the definitions. arcarta ("arcarta," "we," or "us") is an anti-fraud due diligence network and online payments platform (the "Service") offered through the URLs www.arcarta.com and www.arcartapay.com which allows you conduct customer due diligence, share invoices and create charges to share with clients and accept or reverse card transactions by linking to your Stripe account.
arcarta is an Arc-Pay Ltd Company which has representatives, contractors and employees (our "Team"). As a customer of the Service you're a "User" according to this Agreement (or "you").
Unless stated otherwise, these Terms apply only to arcarta Users and do not reflect the Terms of our Partners. Additional Terms for Partner Services can be found at www.stripe.com/gb/ssa.
If you have any questions regarding these Terms, please contact us.
In order to use this Service you must be:
1. At least eighteen (18) years old and able to enter into contracts;
2. Complete the registration process;
3. Agree to these Terms;
4. Provide true, complete and upto date business information, contact details and billing details
5. Not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to U.S government embargo, or that has been designated by the U.S government as a "terrorist supporting country"
By using this service, you represent and warrant that you meet all requirements listed above, and that you will not use the Service in a way that violates any laws or regulations. By representing and warranting, you are making a legally enforceable promise.
arcarta may refuse service, close accounts of any users, and change eligibility requirements at any time. Users with Stripe Accounts connected to the Service will be required to meet guidelines of Prohibited Businesses (www.stripe.com/gb/prohibited-businesses) and acknowledge that Stripe reserve the right to terminate your account as per the Stripe Services agreement (www.stripe.com/gb/ssa.)
When you sign up for the Service and agree to these Terms, the Agreement between you and arcarta is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an arcarta account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your information and clicking the “Register” button means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
3. Closing your Account
You or arcarta may terminate the Agreement at any time and for any reason by terminating your arcarta account by giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
The the event of voluntary closure, all associated account data is available upon request and can be exported for your records.
arcarta reserves the right to terminate your account if we have any reason to suspect that the facilitation of items sold is connected with crime (or the proceeds there-of) tax evasion or tax fraud.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that arcarta is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity. You’ll immediately notify us of any unauthorised access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
6. Business Practices
arcarta reserves the right to remove a charge link should we or the team detect an item being sold that is in breach of these Terms or the Terms of our Partners.
You are responsible for setting or determining any pricing or value placed upon an item for sale. The price set and negotiated for an item is done so at the Users - or those whom have access to your Account - control and you accept full responsibility.
Charges created should include accurate descriptive data and include a relevant, clear image if applicable. If we find deceptive or unclear practices we reserve the right to terminate your account.
By using and listing charges with arcarta, you give the warranty that you are the legal owner of the property of which is being sold or are authorised to do so on behalf of an additional party.
You - the User - are responsible for fulfilling all sales made to buyers. arcarta has no responsibility or obligation to assist in:
1. Fulfilment of shipping or order logistics
2. Concern over arrival dates of items sold
3. Invoicing and accounting practices permeating to your business practices outside of the arcarta Service
4. Exporting of goods from a Users country to a destination outside of the United Kingdom
5. Logistics surrounding return policies, credits or a clients wish to exchange goods or items
Buyers using this service are required to pay in full for items being purchased. It is the responsibility of the User to in-force this in line with the Terms of this agreement regarding proper use. The purchase price payable is payable in full in all circumstances.
A buyer purchasing an item made for sale is agreeing to the Users unique sales terms. It is at the discretion of the User to reasonably determine fair and proper terms. Any disputes relating to improper terms or misuse of this feature are at the liability of the User.
You acknowledge that it is your responsibility to meet the terms as set out in your sales terms. Failure to do so will result in the User being liable for any loss of goods, disputes or damages caused by breaking the agreement with the Buyer.
7. Monthly Subscriptions
When you Register for an arcarta Account, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Subscription.
If any part of a month is included in the Term, payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
8. Credit/Debit cards
As long as you are a User with an active Subscription and NOT providing payments via bank transfer or direct debit, you'll provide us with valid credit/debit card information and authorise us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
9. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.
10. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
11. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to arcarta in the course of using the Service.
12. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any loss of dispute resulting from sales made to buyers through the Service or any clients of whom you may conduct business with. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Policy, regardless of whether we terminate or suspend your account due to such violation.
13. No Warranties
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Users use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Sales, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
15. Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
We and our Team are not responsible for the behaviour of any third parties, linked websites, or other Users.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
18. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
21. Amendments and Waiver
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
22. No Changes in Terms at Request of User
Because we have so many Users, we can’t change these Terms for any one User or group.
23. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
24. Notification of Security Breach
In the event of a security breach that may affect you or a client we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone you are sharing Charge Links or Due Diligence Requests with, you’ll promptly do so.
25. Law and Jurisdiction
These Terms any any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.
The courts of England and Wales will have non exclusive or non-contractual jurisdiction in relation to any dispute arising from or in connection with these terms.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website.
Thank you for reading and taking the time to familiarise yourself with our policies.
Updated July 1st, 2020