Lite Fintech LLC.
Terms and Conditions
Last updated: December 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”) OR ANY OTHER SERVICE. BY USING THIS WEB SITE IN ANY MANNER, INCLUDING USE OF ANY SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
These terms and conditions (“Agreement”) are a legal agreement between you and Lite Fintech LLC (“Lite Fintech”), a corporation, duly incorporated, validly existing and in good standing under the laws of the State of Florida.
On the website, the terms “we” , “us” and “our” refer to Lite Fintech. Lite Fintech operates this Site and the mobile applications, including all available information, tools and services.
Lite Fintech has the exclusive and authorized use of the technology, software, domains, brand and any other related on the MeDo platform (hereinafter MeDo) a duly registered and validly existing brand, therefore when mentioning the Platform, MeDo Platform or MeDo, it will be understood that we are referring to the rights of which Lite Fintech is holder under a license agreement granted by MercaDolar, Inc.
By visiting the Website, accessing or using the services or software (each of which is individually, a “Service” and collectively, the “Services”), you agree to be bound by the following terms and conditions (“Terms”), including any additional terms and conditions and policies referred to herein and/or available via a hyperlink. These Terms apply to all users of the Website, including without limitation users who are browsers, users, customers, merchants and/or content contributors. In the event of an inconsistency between this Agreement and any additional terms or policies referred to herein, the provisions of the additional terms or policies shall prevail.
Please read these Terms and Conditions carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all of the Terms of this Agreement, then you may not access the Website or use any Services.
Any new features or tools added to the current Website will also be subject to the Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on the Website. It is your responsibility to check this page periodically for changes. Your continued use or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – AGE, USAGE, CONFLICTING TERMS AND LANGUAGE
By accepting these Terms, you declare that you are of legal age in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this Website.
You may not use the Website or Services for any illegal or unauthorized purpose, nor may you, in using our products or Website, violate any laws in your jurisdiction.
You must not transmit any viruses or code of a destructive nature.
Failure to comply with or violation of any of the Terms will result in immediate termination of your account and the right to use our Services.
In the event of a conflict between these terms and the terms set forth in other agreements governing your use of certain Services offered by Lite Fintech, the Additional Terms, (“Additional Terms”), shall prevail in connection with your use of that particular Service.
To the extent permitted by law, the controlling language of this Agreement is English, and any translation provided by Lite Fintech is for your convenience only.
SECTION 2 – PERSONAL INFORMATION
With respect to personal information, you agree: (i) to refrain from sharing information with anyone, under any pretext; (ii) to keep the information only on devices and media under your exclusive control; and (iii) to immediately and permanently remove the information from your computer and electronic devices once the Services have been provided or cancelled.
The account created on the MeDo portal is personal and non-transferable. The user agrees to make responsible use of the account, understanding that the information provided is secret, personal and non-transferable and that you as a user are solely responsible for maintaining its confidentiality. Lite Fintech recommends that you pay special attention and care when entering your personal data into the MeDo platform, especially your banking data, and that you do not share your registration keys and passwords with third parties. Any damage or loss that occurs directly or indirectly to Lite Fintech or to third parties through the use of your password and user registration will be your sole responsibility.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without notice:
1. Restrict, suspend or terminate your access to all or part of the Website or Services;
2. Change, suspend or discontinue all or part of the Website or Services;
3. Reject, move or delete any content that is available on all or part of the Website or Services;
4. Deactivate or delete accounts;
5. Establish general practices and limits regarding the use of the Website or Services.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that the Website or services may include communications such as service announcements and administrative or legal notices from us.
You understand that the information you provide (not including financial information) may be transferred unencrypted and involves (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Financial information is always encrypted during transfer through the networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Services, use of the Website or the Services, or access to the Website or the Services, or any contact on the Website or the Services, without our express written permission.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or the Services.
The content of the MeDo platform is not for sale. Use of the Website or Services does not entitle Users to make unauthorized use of any protected content and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use the protected content only for your personal use, and you will not make any other use of the content without the express written consent of Lite Fintech. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to Lite Fintech’s intellectual property except as expressly authorized in these Terms.
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.
SECTION 4 – FINANCIAL TRANSACTIONS
Through integration with Prime Trust, we offer the following services:
● Transfers of funds through the National Automated Clearing House Network (‘ACH Transactions’) for transactions made by you;
● Custodian of all securities, assets deposited or collected by Lite Fintech from you, for safekeeping, care and maintenance;
When you register on the Platform, you must accept the Terms and Conditions set out in the ‘Custody Agreement’, with our Financial Partner Prime Trust;
●Transfers of funds made electronically (wire transfer).
You specifically authorize Lite Fintech to forward your name and other personal information to any local, state or federal authority within the United States of America, as necessary or appropriate, in Lite Fintech’s opinion, in order to comply with the laws and regulations that apply to Lite Fintech and these Services. Such laws and regulations include, but are not limited to: the Bank Secrecy Act, the Patriot Act, and the Venezuelan Civil Society and Human Rights Act of 2014. Further, you understand and agree that Lite Fintech may contact you to confirm that the information you have provided is accurate or to request additional information and that Lite Fintech may take additional steps to verify any information you have provided.
When you enter your online banking credentials, Plaid establishes an encrypted connection with the bank you registered on the MeDo platform. Once this connection is established, through the use of security parameters, we obtain the data we need to provide our service, without having direct access to your bank account or credentials. These flows were designed to provide you with security and as an easy alternative to entering static account numbers and routing.
These integrations require Lite Fintech to have strong security controls, and it is understood that the Platform can be audited and tested regularly to ensure that its controls meet industry standards.
4.2 International bank accounts: Lite Fintech may make integrations with international banks, which will allow the registration of bank accounts via micro deposit. In this way, Lite Fintech will be able to verify and authenticate the ownership and validity of the bank accounts registered on the platform.
It is understood that all integrations with international banks will be previously notified by your banking institution, being this a complementary and independent service of the products offered by your bank.
When you enter your credentials, we establish an encrypted connection with the bank you registered on the MeDo platform. Once this connection is established, through the use of security parameters, we obtain the data we need to provide our service, without having direct access to your bank account or credentials.
You will be responsible for the veracity of the information provided at the time of registration of the bank account under this modality.
SECTION 5 – LICENSE
You are granted a worldwide, non-exclusive, non-transferable, revocable license to access and use the Website and the Services strictly in accordance with these Terms. As a condition of your use of the Website and the Services, you warrant to Lite Fintech that you will not use the Website and the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Web Site and the Services in any manner which could damage, disable, overburden, or impair the Web Site and the Services or interfere with any other member’s use and enjoyment of the Web Site and the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and the Services.
SECTION 6 – ACCURACY, COMPLETENESS AND CURRENTNESS OF INFORMATION
We are not responsible if the information available on the Website or Services is not accurate, complete or current. The material on the Website or Services is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on the Website or Services is at your own risk.
The Website or Services may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of the Website or Services at any time, but we have no obligation to update the information on the Website or Services. You agree that it is your responsibility to monitor changes to the Website or Services.
SECTION 7- MODIFICATIONS TO SERVICE AND PRICES
The rates associated with our Services are subject to change without notice.
We reserve the right to modify or discontinue any Service (or any part or content thereof) at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or interruption of the service.
SECTION 8 – OUR SERVICES
We reserve the right to limit access to our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of Services we offer. All price descriptions of the Services are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Services at any time. Any offer to provide Services made on this Website is void where prohibited.
We do not guarantee that the quality of any Service or information used or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 9 – PROHIBITED USES
You agree that you access and use the Website or Services in a manner consistent with these Terms. In addition to other prohibitions set forth in the Terms, you are prohibited from using the Website or Services or their content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful act; (iii) to violate any international, federal, provincial or state regulation, rule, law or ordinance; (iv) to infringe or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, libel, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (vi) submit false or misleading information; (vii) upload or transmit viruses or any other malicious code that is used or may be used in any way that affects the functionality or operation of the Website or the Services or any related site, other sites or the Internet; (viii) collect or track personal information of others; (ix) spam, phish, pharm, pretext, spider, crawl, or scrape (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the Website or Services or any related site, other sites, or the Internet; (xii) to interrupt or attempt to interrupt the operation of the Website or Services in any way; (xiii) to attempt to gain unauthorized access to the Website or Services, any portion thereof, or any related site, or any other site, or the Internet through the Website or Services (xiv) in any manner that could damage, disable, overburden, or impair the Web Site or the Services or interfere with any other party’s use and enjoyment of the Web Site or the Services; and (xv) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site or the Services.
Unauthorized access to or use of the Website or the Services, including, but not limited to, unauthorized entry or attempted entry into any system, misuse of passwords, misuse of any information transmitted on the Website or the Services, or unlawful conduct, is strictly prohibited. We reserve the right to terminate your use of the Website or the Services or any related site for incurring any of the prohibited uses.
SECTION 10 – CREATING AN ACCOUNT, SECURITY
We offer accounts for two types of use: personal accounts and approved business accounts.
Once you have created an account with us, you will be registered on the MeDo platform. The terms “member”, “membership” and “account” refer to this registration as a member on the MeDo site.
Your personal account is not valid for business purposes within the Website unless you have received our express authorization to open a business account. When you create a personal account on the MeDo platform, you will be asked to provide information about yourself, including, but not limited to: personal identification, contact information such as: your name, address, email address, phone number; or your banking details, among other requirements depending on the type of User you are. We will also ask you to create a password. Because any activity that occurs under your account or password is your responsibility, it is important that you keep your password secure.
When creating a business account on the MeDo platform, you will be asked to provide: documentation proving the legal status of the company, the company’s address, as well as any additional requirements Lite Fintech may require for review and validation. This process of creating a business profile should be initiated by expressing your willingness to do so by writing to: firstname.lastname@example.org
With a business profile, you will be able to perform all permitted operations within the MeDo platform, provided that these uses do not violate the Acceptable Use Policy or any other terms between you and us. For a business profile, any and all terms relating to your MeDo account apply, unless specifically stated otherwise.
We may restrict the use of your business profile on the MeDo platform if the activity through this profile reaches certain limits, involves certain activities or violates any terms between you and us. In addition, if your business profile meets certain transaction limits, we may ask you to provide us with additional information and documentation for tax reporting or other banking compliance purposes and may suspend or limit your account until we receive the requested information and documentation.
If you are simply browsing through the Website and have not yet created an account, your use of the Website or the Services remains subject to this Agreement; if you do not agree with the content of this Agreement, do not use the Website or the Services.
You may not assign or transfer your account to any other person or entity. You acknowledge that Lite Fintech is not responsible for third party access for reasons resulting from theft or misappropriation of your account. Accordingly, you agree that you will be liable to Lite Fintech for any and all activities and use of the Site or Services that occur under your Account. Please notify us through any of the support or customer service channels immediately if you believe that someone has used your username, email or password without your authorization.
Any information about you required by Lite Fintech is considered part of the registration process for the Services, or part of your continued use of the Services. You agree that any information you provide to Lite Fintech, whether during registration or while using the Services, will always be accurate, complete and current.
SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third party products or tools over which we have no control or input.
You acknowledge and agree that we provide access to such products or tools “as is” and “as available” without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the use of any third party products or optional tools.
Any use you make of the optional products or tools offered through the Website or the Services is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the products or tools are provided by the relevant third party provider(s).
We may also, in the future, offer new products, services and/or features through the Website or Services (including, the launch of new products, tools and resources). Such new products, features and/or services will also be subject to these Terms.
SECTION 12: REFERRAL PROGRAM
12.1 Referral program: Lite Fintech makes available to the Users of the platform and also to third parties not registered on the platform, the possibility of inviting and recommending the use of the platform to potential users who have not registered. For performing this action they will receive a reward, the value and details of which will be set out on the website.
Users of the platform will be able to apply, taking into consideration that they must go through the registration process as a natural person.
12.2 Member of the Referral Program: Any person who wants to be part of this Program must register on the platform established for this purpose and comply with the Terms and Conditions of the services offered by this tool, which are available at: https://referralrock.com/tos/. In addition, you must comply with the requirements agreed upon in the MeDo Platform Referral Program. Once registered, you will have access to a unique link with the code that identifies you, which can be shared according to the modalities indicated on the website. Through this link, Lite Fintech will be able to verify all the activity you perform and determine the number of referred users.
12.3 Referrals: Users who are natural or legal persons and who meet the following requirements will be considered as referrals:
If you are a natural person you must:
● Register on the MeDo platform through the link sent by the Referral Program member;
● Make your first purchase or sale transaction through the MeDo platform.
If it is a legal entity, it must:
● Fill out the corresponding form.
● You will be contacted by a MeDo platform Sales Executive to validate if the business profile received is considered a Qualified User.
● Process the registration of the Legal User in the MeDo platform and mobilize the amount established in the Website.
12.4 Rewards: Lite Fintech will pay the members of the Referral Program, for each user who is a natural or legal person, provided that they comply with the conditions set forth and previously accepted. The amount to be paid will be stated on the Website and will be processed only once per referral.
Method of payment of rewards for members: The amount of the reward that has been accumulated during the month will be paid directly to the MeDo Wallet on the 28th of the following month, according to the outstanding balance that the User has in his/her account as a Member of the Program. If the stipulated day coincides with a non-business day, payments will be made on the immediately following business day.
12.5 Penalty: Any attempt of abuse or suspicious behavior in the transactions to fulfill the objectives of the Program, may be penalized with the disqualification of the program for both parties, or with the disqualification or permanent closure of the accounts involved in both the platform and the tool of the Referral Program and the payments originated under these circumstances will be considered as not generated.
SECTION 13 – THIRD PARTY LINKS
Certain content available through the Website or Services may include third party materials.
Third party links on the Website or Services may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability for any third party materials or sites, or for any other materials, products or services of third parties.
We are not responsible for any damage or harm related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third party sites. Please review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER PRESENTATIONS
If, at our request, you make certain specific submissions or without our request, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any Comments you submit. We do not and will not have any obligation (i) to hold any comment in confidence; (ii) to pay compensation for any comment; or (iii) to respond to any comment.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. Further, you agree that your comments will not contain libelous or illegal, abusive or obscene material, or contain any computer virus or other malware that may affect in any way the operation of the Website or the Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or others as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website or Services that contains typographical errors, inaccuracies or omissions that may be related to descriptions, prices, promotions, offers, availability, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or Services is inaccurate at any time without notice.
We assume no obligation to update, modify or clarify information on the Website or the Services, including, without limitation, pricing information, except to the extent required by law. No specified update or date of update applied to the Website or the Services should be taken to indicate that all information on the Website or the Services has been modified or updated.
SECTION 16 – REPRESENTATIONS, OBLIGATIONS AND RESPONSIBILITIES
You declare, warrant and certify to Lite Fintech that your use of the Site or the Services shall not in any manner, directly or indirectly, (i) violate any law, statute, ordinance, contract or regulation including, but not limited to, any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support of drug trafficking or terrorist activities, or fraud or theft; or (ii) violate any of these Additional Terms or Conditions. Where required by applicable law, Lite Fintech will disclose details about you and information regarding your transaction to federal, state, local or foreign authorities; by using the Site or the Services, you hereby consent to such disclosures. In addition, Lite Fintech will cooperate with law enforcement authorities in prosecuting illegal activities to the extent permitted by applicable law. You may be required to provide Lite Fintech with certain information to enable Lite Fintech, among other things, to verify your identity and complete any transaction. You understand and agree that Lite Fintech is an escrow service provider and you agree that you may use the Services for these purposes.
In addition, by using the Website or any of the Services, you agree: (i) that the information you provide is not false, inaccurate or misleading; (ii) that you do not access, or attempt to access, any of the Websites or Services by any means other than through the user interface that is explicitly provided by the MeDo platform; (iii) that you use the Websites or Services only for purposes that are permitted by the Terms and any Additional Terms and are not prohibited by any applicable law; (iv) and you hereby certify that the funds (money, credit or otherwise) used by you in connection with the Website or the Services are not of unlawful origin; (v) you will not use any of the Website or the Services in connection with money laundering or other illegal activities; and (vi) you will not engage in any activity that interferes with or disrupts the Website or the Services, or any server or network that is connected to the Website or the Services.
You acknowledge that your access to or use of the Website or the Services may require you to agree to Additional Terms, pursuant to which you must take specific actions at certain times in order for the Service to be successfully provided. In addition, you also acknowledge that your use of the Web Site or the Services may require you to provide Lite Fintech with personal information for the successful performance of the Services. These steps constitute your obligations and responsibilities, which will be expressly stated in the applicable Additional Terms.
You also acknowledge that your access to or use of the Website or the Services may require your consent to allow you to access “personal information” provided by other users or customers of the Website or the Services. Therefore, you acknowledge that such information is provided to you solely for the purpose of fulfilling your obligations and responsibilities, and may not be used for any other purpose.
In the event of death, interested parties should contact us to ensure that your account information is only shared with authorized individuals. For these cases, interested parties should email us and explain the case in detail and attach a copy of the death certificate to: email@example.com.
SECTION 17 – COMMUNICATIONS
You expressly understand that Lite Fintech may, as part of your use of the Site or the Services, provide you with email and other forms of electronic communications. Such notices will be provided solely as a courtesy to you, and in no event will failure to provide such notices constitute a waiver of any rights retained by Lite Fintech, nor will failure to provide such notices relieve you of your obligations and liabilities with respect to the Website or the Services. Further, you understand and agree that Lite Fintech, its employees and principals, its affiliates and licensors shall not be liable to you for the consequences arising from notifications that are classified as spam by your email provider or that are deleted, filtered, blocked or obscured by a server path, by your email client or by your email provider, or are otherwise not received by you or your email servers.
SECTION 18 – REFUSAL OF SERVICE AND CANCELLATION
Lite Fintech reserves the right to deny access to or use of any or all of the Services or the Website to anyone, at any time and for any reason, in Lite Fintech’s sole discretion. Any transaction initiated through the Website or the Services is subject to acceptance or rejection by Lite Fintech, and any transaction may be cancelled by Lite Fintech, at any time before or after receipt of payment for such Service. Each specific Service for which a payment may be made to Lite Fintech will explicitly explain the refund procedure to be followed in the event of cancellation, reversal or termination of such Service. You acknowledge and agree that Lite Fintech may stop providing any and all Services to you in its sole discretion, without notice to you. In addition, you may stop using the Site or the Services at any time. In the event of a refusal by Lite Fintech to provide the Services or termination by you, Lite Fintech will refund any money paid by you to Lite Fintech for which the Services were not provided, less any applicable fees, bank charges or transmittal fees, in accordance with the terms of that specific Service.
SECTION 19 – COPYRIGHT AND TRADEMARK NOTICE
The Website, the Services and their contents are Copyright © 2020 MercaDolar Inc. all rights reserved, and Lite Fintech has the exclusive and authorized use of the trademark, domains, technology, software and everything related to the services provided through the Platform. Also, the domain name, https://www.medopay.com, all trademarks on the Websites and Services provided by Lite Fintech, are trademarks or registered trademarks of MercaDolar Inc. and Lite Fintech LLC. Other trademarks mentioned within our content belong to their respective owners.
You understand that all information, such as written text, software, images, videos, and other data that you may access as part of your use of the Websites or Services, are operated by Lite Fintech. You further acknowledge that your access to or use of the Websites or Services may contain information designated as “confidential” or proprietary by Lite Fintech and that you may not disclose such information without Lite Fintech’s prior written consent.
Unless you have received such prior written consent from Lite Fintech, nothing in these Terms and Conditions gives you the right to use any of the trademarks, trade names, logos, slogans, domain names or any other feature of Lite Fintech, MercaDolar, and/or MeDo. The Site, the Services, the content, and all intellectual property related to and contained in the Site are the exclusive and authorized use of Lite Fintech; therefore, all right, title, and interest in and to the Site shall remain the property of Lite Fintech at all times.
The Website and the Services may only be used for the purposes permitted by these Terms and any Additional Terms. You are only authorised to view and retain a copy of the pages of the Website for your personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, the Services or any part thereof for any public or commercial use without the express written consent of Lite Fintech.
SECTION 20 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our Website or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website or Services will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Website or our services is at your own risk. All Services delivered to you through the Website or the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Lite Fintech, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential injury, loss, claim or damage of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any other similar damage, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Website or the Services, or any other claim related in any way to your use of the Website or the Services, including, without limitation, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of your use of the Website or the Services or any content posted, transmitted or otherwise made available through the Website or the Services, even if advised of the possibility of such loss or damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You expressly understand that some of the Services rely on information not originated by Lite Fintech and that omissions and errors may occur that could result in a Service being aborted, voided or terminated for you. You expressly understand and agree that Lite Fintech, its assigns, successors, employees, directors, affiliates and licensees shall not be liable to you for any loss arising from any error of fact or law or any error of judgment, or for any act or omission, except as a result of your bad faith, willful misconduct or gross negligence. In no event shall Lite Fintech, its assigns, successors, employees, directors, affiliates and licensees be liable to you or any third party for any indirect, incidental, special, consequential or exemplary damages that may be incurred by you or any third party, however caused, and under any theory of liability. Such damages shall include, but not be limited to (i) any loss of profit, whether direct or indirect, or (ii) any loss of goodwill or business reputation, or (iii) any loss of data suffered, cost of acquisition of goods or services, and any other tangible or intangible loss; or (iv) any loss or damage which may be incurred by You or any third party, including but not limited to, loss or damage as a result of any reliance placed by You on the availability of funds; Your inability to provide Lite Fintech with accurate information; the inability of another user or customer to provide Lite Fintech with accurate information; or Your inability to keep Your Account details secure and confidential.
SECTION 21 – INDEMNIFICATION
You shall indemnify Lite Fintech and its assigns, successors, officers, directors, owners, agents, employees, affiliates, licensees and third party service providers (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys’ fees at all levels of arbitration, trial or appeal) incurred by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from (i) your access to and/or use of the Website, Software or Services on the MeDo platform; and/or (ii) your breach or any representations or warranties made by you under these Terms and Conditions; and/or (iii) your breach or violation of the terms and conditions of this Agreement.
SECTION 22 – NOTICES
Unless otherwise stated in these Terms, any “Notice” or other communication required or permitted hereunder shall be sent in writing to Lite Fintech at the following email address: firstname.lastname@example.org and to you at the address specified in Your Account. Such notice will be effective: (i) when delivered in person or sent via an email address; (ii) on the next business day after delivery to a nationally recognized overnight delivery service (e.g., FedEx) with all charges prepaid; or (iii) 3 days after mailing if sent by certified U.S. Postal Service mail, return receipt requested and postage prepaid.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms at any time at https://www.medopay.com/terms.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on the Website. It is your responsibility to check the Website periodically for changes. Your continued use or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 24 – APPLICABLE LAW
To the extent not precluded by federal law, the provisions of this Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida, notwithstanding any choice of law or conflict of law rules to the contrary.
The Parties agree that any non-arbitral legal action relating to this Agreement shall be commenced and maintained exclusively before any appropriate state or federal court in the State of Florida.
SECTION 25 – DISPUTE RESOLUTION
*** THE FOLLOWING IS A MANDATORY ARBITRATION PROVISION
In the event of a breach of these Terms and Conditions and/or the applicable Additional Terms by either party, the non-breaching party shall be entitled to all appropriate legal and equitable remedies, including, but not limited to, such remedies: (i) a court order to enforce or prevent conduct that violates these Terms and/or any applicable Additional Terms; (ii) damages incurred by the non-defaulting party as a result of the breach; and (iii) attorneys’ fees and costs (at all levels of arbitration, trial and appeal) incurred by the non-defaulting party in enforcing the terms of these Terms and/or any applicable Additional Terms.
Any issue, question, dispute, claim or controversy arising out of or relating to these Terms and/or any applicable Additional Terms, or any provision thereof, or the breach, termination, application, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and/or any Additional Terms applicable to the arbitration, shall be determined by arbitration in the City of Miami, Florida before a single arbitrator (the “Arbitrator”). The arbitration shall be administered by JAMS in accordance with its General Rules of Arbitration and pursuant to the Expedited Procedures of such Rules. Judgment on the Award may be entered by any court having jurisdiction. This dispute resolution provision shall include emergency or expedited arbitration measures and shall not prevent any party from seeking interim relief in aid of such emergency or expedited arbitration measures from an arbitrator pursuant to this document.
You understand that, by agreeing to arbitration in the manner required by these Terms, you waive any right you may have to bring before a court (for any reason other than an injunction, as set forth below) any claim that may have arisen from, or for any violation of, any federal, state, local or other law, rule or ordinance, or any other right protected or arising under any such law, rule or regulation. However, both you and Lite Fintech agree to waive all rights that you and we may have and agree to submit all disputes to binding arbitration in accordance with the terms of these Terms and Conditions.
*** THE FOLLOWING IS A WAIVER OF CLASS ACTION RIGHTS.
All arbitrations under these Terms and/or the Additional Terms must be individual. This means that neither Lite Fintech nor you, individually, may consolidate your claims in arbitration by or against any other party, or litigate in court, or arbitrate any dispute, claim or controversy as a representative or member of a class or in a private attorney general capacity. To the extent a dispute arises regarding this waiver of a party’s right to a class action, only a court in the State of Florida, and not an arbitrator, shall determine the validity and effect of this class action waiver.
The Arbitrator shall have the authority to award the same damages and other relief that a court might award. The Arbitrator shall issue a reasoned award explaining the decision and the damages awarded. The decision of the Arbitrator shall be final and binding on the parties. The parties shall fully abide by and comply with any award rendered by the arbitrator. In making the award, the Arbitrator shall state the reasons, including (without limitation) any calculation of actual damages or compensation, if applicable.
The arbitration proceedings and any arbitration award(s) (including any arbitration award) will be maintained by you and Lite Fintech as “Confidential Information”, and will not be disclosed publicly or to any third party, in any medium (including social media), except as otherwise required by court order or as necessary to confirm, vacate or enforce the award and for confidential disclosure to the parties’ respective counsel, tax advisors, senior management and other parties with a strict need-to-know.
In the event of arbitration under the terms of these Terms, the fees charged by JAMS or another arbitration administrator and the Arbitrator shall be borne by the parties as determined by the Arbitrator, except for any initial registration fee, which shall be paid equally by you and Lite Fintech. Otherwise, each party shall bear its own costs, expenses and attorneys’ fees incurred in the arbitration, unless otherwise decided by the Arbitrator.
SECTION 26 – ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with federal law regarding electronic payments, deposits, fund transfers and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Such limits are disclosed in the appropriate agreements governing your account.
“Electronic Fund Transfer” means any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include electronic transactions such as direct deposits or withdrawals, transfers initiated by telephone, website or mobile application.
“Pre-authorized Electronic Fund Transfer” means an Electronic Fund Transfer that you have authorized in advance to be repeated at substantially regular intervals; for example, direct deposits or withdrawals from your account.
Liability, authorized transfers. You are responsible for all Electronic Fund Transfers that you authorize, either directly or indirectly.
Unauthorized transfers. Tell us immediately if you believe your account or PIN or access information has been lost or stolen or may be subject to unauthorized Electronic Fund Transfers. Send us a message of support immediately to minimize your possible losses. You could lose all the money in your account(s). If you tell us within two (2) business days after you learn of the loss or theft of your account access device, or after you learn of any other unauthorized transfer from your account involving your account access device, you cannot lose more than $50 if the Electronic Funds Transfers are made without your permission. For these transactions, if you do NOT tell us within two (2) business days after you learn of the loss, theft, or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose up to $500. In addition, if your periodic statement shows unauthorized transfers and you do NOT tell us within sixty (60) days after the statement is mailed, we may not give you back the money you lost after the sixty (60) day period if we can prove that we could have stopped the unauthorized transfer(s) if you had told us in time. If a mitigating circumstance (such as extended travel or hospitalization) prevents you from immediately notifying us of an alleged lost or stolen access device or any other alleged unauthorized transfer, the time periods specified in this Section B may be extended for a reasonable period of time.
SECTION 27 – W-9 ELECTRONIC CERTIFICATIONS
You certify, under penalty of perjury, that
a. The Taxpayer Identification Number or Social Security Number you provided is correct;
b. You are not subject to backup withholding because (i) you are exempt from backup withholding, or (ii) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding; and you are a United States citizen or other U.S. person;
c. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
SECTION 28 – SEPARABILITY
In the event that any provision of these Terms is determined to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be separate from these Terms, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 29 – WAIVER
No right, power, privilege or remedy shall be deemed to have been waived by Lite Fintech unless such waiver is in writing and duly executed by Lite Fintech. No failure to exercise, delay in exercising or course of dealing with any right, power, privilege or remedy shall operate as a waiver thereof by Lite Fintech or of any other right, power, privilege or remedy. No exercise or partial exercise of any right, power, privilege or remedy shall prevent Lite Fintech from exercising any other right, power, privilege or remedy on the part of Lite Fintech.
SECTION 30 – COMPLETE AGREEMENT
These Terms, together with the Additional Terms incorporated herein by reference, constitute the entire Agreement between the parties with respect to its subject matter; control the terms and conditions of the Services provided by Lite Fintech through the MeDo platform, as provided herein; and supersede all prior agreements, course of dealing and understandings between the parties, including, but not limited to, any acknowledgments, invoices or other similar forms issued by either party to the other; and may not be modified except by an instrument in writing signed by Lite Fintech.
SECTION 31 – GOVERNMENT REQUESTS
SECTION 32 – ACCESS TO THE SITE FROM ABROAD
The Site and the Services are controlled, operated and administered by Lite Fintech from our offices in the United States. If you access the Site or the Services from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use Lite Fintech content accessed through the Site or the Services in any country or in any manner prohibited by applicable laws, restrictions or regulations.
SECTION 33 – CONTACT INFORMATION
Questions regarding the Terms and Conditions should be sent to the following email address: email@example.com.