Last Updated: 01 Jul 2023
Terms Governing Use of the Service
1. Mezzofy Account Registration
To utilize the Services, you are required to create a Mezzofy Account. During the registration process, we will prompt you to provide certain information, including your name and other personal details. It is imperative that you furnish accurate and complete information in response to our inquiries. To gain access to the Services, you must successfully complete this registration process and any other relevant procedures. Additionally, you are responsible for maintaining the accuracy and currency of the information you provide. Please note that we retain the right to suspend or terminate the Mezzofy Account of any individual who supplies inaccurate, false, or incomplete information, engages in fraudulent activities, or fails to meet the account registration requirements.
When registering for a Mezzofy Account, it is essential that you use your true and accurate name, as well as the genuine name of your business if applicable. We require this information to ensure the integrity and authenticity of our user base. Using false or misleading names is strictly prohibited, as it undermines the transparency and trustworthiness of our platform. By agreeing to these terms, you acknowledge and agree to provide only your true and accurate name, as well as the legitimate name of your business, when signing up for a Mezzofy Account.
The software associated with our mobile and website applications is an integral part of the Services we provide. It empowers you to access and utilize the full range of features and functionalities offered. To ensure a seamless user experience and to benefit from the latest enhancements and improvements, it is imperative that you install any and all software updates as they become available. These updates are designed to optimize performance, introduce new features, and address any security or compatibility issues. By agreeing to these terms, you acknowledge the importance of installing software updates to maintain uninterrupted access to and optimal usage of the Services.
4. Verification and Inspection
In the event that your request to open a Mezzofy Account is approved, Mezzofy reserves the right to request additional information from you at any time. This may include but is not limited to verifying your identity, validating your business information (if applicable), or conducting necessary background checks. You agree to promptly provide any requested information accurately and in a timely manner. Failure to comply with these requests may result in the suspension or termination of your Mezzofy Account.
5. Compatible Mobile Devices and Third Party Carriers
Your Mezzofy Account allows you to handle cash and/or payment card transactions using compatible mobile devices. It is important to note that devices that have been modified in a manner that goes against the manufacturer's software or hardware guidelines, including those with disabled hardware or software controls (commonly referred to as "jailbroken" devices), are not considered compatible mobile devices.
You acknowledge and agree that the use of a modified device to access and use the Services is strictly prohibited, constitutes a violation of the terms outlined in this Agreement, and may result in the termination of your Mezzofy Account. Mezzofy does not provide any warranty or guarantee that the Services will be compatible with your specific mobile device or third-party carrier.
Your use of the Services is governed by the Mezzofy's Merchant Agreement, which includes any additional terms provided by third-party platform providers. Additionally, your use of the Services is also subject to the terms and conditions set forth in your agreements with your mobile device manufacturer and your carrier. It is important to review and comply with all relevant agreements to ensure your use of the Services is in accordance with their respective terms.
6. Your Mezzofy Account
You are required to use the Services in full compliance with all applicable laws and regulations. It is strictly prohibited to export the Services, directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by Hong Kong law.
By creating a Mezzofy Account, you also confirm that you will not accept payments in connection with any illegal activity or goods. It is your responsibility to ensure that all transactions and activities conducted through the Services comply with the law and adhere to ethical standards. Any violation of these terms may result in the suspension or termination of your Mezzofy Account.
7. Our Role
The Mezzofy application facilitates the tracking of payments you receive from your Buyers. We provide assistance in collecting, analyzing, and relaying information generated in connection with these payments. This includes providing you with tools and features to manage and monitor your payment transactions effectively. By using the Mezzofy application, you acknowledge and agree to the collection and processing of payment-related information for the purposes of payment tracking and management.
8. Unauthorised or Illegal Use
If we have a reasonable suspicion that your Mezzofy Account has been used for unauthorized, illegal, or criminal purposes, you expressly authorize us to share information about you, your Mezzofy Account, and any related transactions with law enforcement authorities. We may disclose this information to cooperate with investigations, prevent fraudulent activities, comply with legal obligations, or protect the rights and safety of Mezzofy, its users, and the general public. By using the Mezzofy Services, you acknowledge and consent to such disclosures in the event of suspected unauthorized or illegal activities.
9. Mezzofy Account History
Summaries of your Mezzofy Account activity, including monthly statements, are accessible on our website for up to one year of account activity. However, it is your sole responsibility, except as required by law, to compile and retain permanent records of all transactions and other data associated with your Mezzofy Account and your use of the Services. Additionally, you are responsible for reconciling all transactional information associated with your Mezzofy Account.
In the event that you believe there is an error or unauthorized transaction activity associated with your Mezzofy Account, it is imperative that you promptly contact us. We encourage you to review your account activity regularly and report any discrepancies or concerns to us without delay.
You have the option to provide your Buyers with a choice to receive or decline a written receipt. In addition to a written receipt, the Mezzofy application offers Buyers the convenience of signing up to receive digital receipts delivered by Mezzofy through email. However, it is important to note that it remains your responsibility to provide your Buyers with receipts, proof of purchase, or tax invoices as required by applicable law.
While the Mezzofy application facilitates the delivery of digital receipts, we do not assume any responsibility or liability for the form, content, accuracy, or provision of such receipts, proof of purchase, or tax invoices. It is your obligation to ensure compliance with relevant legal requirements and provide the necessary documentation to your Buyers.
You are solely responsible for determining and handling any applicable taxes (referred to as "Taxes") associated with your use of our software and services. This includes assessing, incurring, collecting, paying, withholding, reporting, and remitting the correct amount of Taxes to the appropriate tax authority.
Mezzofy does not have an obligation to determine the applicability of Taxes to your transactions or to calculate, collect, report, or remit any Taxes on your behalf. We explicitly disclaim any liability or responsibility for Taxes associated with your use of our software and services.
It is your responsibility to understand and comply with tax laws and regulations, including the proper collection, reporting, and remittance of Taxes. We recommend consulting with a tax professional to ensure your compliance with applicable tax requirements.
12. Customer Service
You bear full responsibility for all aspects of customer service policies and matters related to your goods or services. This includes pricing, order fulfillment, cancellations or no-shows, returns, refunds and adjustments, rebates, warranty, technical support, and handling feedback regarding experiences with your personnel, policies, or processes.
When providing customer service, it is important that you clearly present yourself as a separate entity from Mezzofy. We will only handle customer service matters specifically related to your Mezzofy Account.
Please note that any customer service issues pertaining to your goods or services are your sole responsibility, and Mezzofy is not liable for such matters. It is your duty to address and resolve these issues in a timely and satisfactory manner.
13. Your Privacy
14. Privacy of Others
When using the Services, you may come across information about Buyers or other third parties. It is crucial that you treat such information as confidential and only utilize it in relation to the Services. You are strictly prohibited from disclosing or sharing any of this information with third parties or using it for marketing purposes, unless you obtain explicit consent from the Buyer or other third party. It is your sole responsibility to comply with any applicable privacy laws pertaining to your use of the Services.
15. Your Content
In connection with your Mezzofy Account, any business listing, and your use of the Services, you may be able to upload or provide photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Merchant Content”). You agree that you will not upload or provide any Merchant Content unless you have created that content yourself or you have permission from the content owner to do so.
By uploading or providing Merchant Content, you grant Mezzofy, its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Merchant Content in any media throughout the world. This right is granted to Mezzofy for the purpose of providing and promoting the Services and Mezzofy's business, with or without attribution or reference to you. You retain all rights in your Merchant Content, subject to the rights granted to Mezzofy in this Agreement. You can modify or remove your Merchant Content through your Mezzofy Account or by terminating your Mezzofy Account.
You agree not to upload or provide any Merchant Content or post, transmit, distribute, or disseminate through the Services any material that:
(a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
(b) encourages conduct that would be considered a criminal offense or gives rise to civil liability;
(c) breaches any duty towards or rights of any person or entity, including rights of publicity, privacy, or trademark;
(d) contains corrupted data or any other harmful, disruptive, or destructive files;
(e) advertises products or services that are competitive with Mezzofy's or its partners' products and services, as determined by Mezzofy in its sole discretion; or
(f) in Mezzofy's sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or may expose Mezzofy, its affiliates, its customers, or Buyers to harm or liability of any nature.
While Mezzofy is not obligated to screen, edit, or monitor Merchant Content, it reserves the right, at its absolute discretion, to remove, screen, edit, or disable any Merchant Content at any time and for any reason without notice. You acknowledge that by using the Services, you may be exposed to Merchant Content that is offensive, indecent, or objectionable. Mezzofy assumes no responsibility and shall have no liability for any Merchant Content, including any loss or damage to any of your Merchant Content.
16. Copyright and Trademark Infringement
Mezzofy places great importance on respecting the copyright and trademark rights of others, and we expect you to do the same. We have implemented a Copyright & Trademark Policy that addresses claims of third-party material infringing on copyrights or trademarks. Mezzofy diligently responds to all valid notices of such infringement and it is our policy to suspend or terminate the access privileges of those who repeatedly violate the copyrights and trademarks of others.
We have implemented robust technical and organizational measures to safeguard your personal information against accidental loss and unauthorized access, use, alteration, or disclosure. While we strive to maintain the highest level of security, it is important to note that no system is entirely foolproof, and we cannot guarantee that unauthorized third parties will never be able to bypass these measures or misuse your personal information. By providing your personal information, you acknowledge and accept the inherent risks involved and understand that you do so at your own risk.
If your Mezzofy Account is terminated or suspended, whether for a specific reason or without any reason, you agree to the following:
(a) You will continue to be bound by the terms of this Agreement.
(b) You will immediately cease using the Services.
(c) The license granted to you under this Agreement will be terminated.
(d) We reserve the right (but have no obligation) to delete all information and account data associated with your Mezzofy Account from our servers.
(e) Mezzofy shall not be liable to you or any third party for the termination or suspension of your access to the Services or for the deletion of your information or account data.
It is important to note that even after termination or suspension, certain provisions of this Agreement may continue to apply, including those regarding intellectual property rights, limitation of liability, and dispute resolution.
19. Your Right to Terminate
You have the right to terminate this Agreement and any other Mezzofy agreements by closing your Mezzofy Account at any time. To close your Mezzofy Account, you can follow the instructions provided on our platform or contact our customer support. Please note that upon closing your Mezzofy Account, you may lose access to certain features and data associated with your account. Additionally, any outstanding obligations or liabilities under this Agreement will still apply even after the termination of your account.
20. Suspension or Termination by Us
We reserve the right to terminate this Agreement or suspend or close your Mezzofy Account at any time and for any reason, with or without prior notice to you. This includes the right to immediately suspend or terminate the Services and your access to your Mezzofy Account in the following circumstances:
(a) if you have violated the terms of this Agreement, any other agreement you have with Mezzofy, or Mezzofy's policies;
(b) if you pose an unacceptable credit or fraud risk to us; or
(c) if you provide false, incomplete, inaccurate, or misleading information, or engage in fraudulent or illegal conduct.
In the event of termination or suspension, you agree that we shall not be liable to you or any third party for any losses or damages arising from such termination or suspension. Additionally, we may exercise our right to delete any information or data associated with your Mezzofy Account upon termination or suspension.
21. Effect of Termination
We shall not be held liable to you for any compensation, reimbursement, or damages arising from your use of the Services or as a result of any termination or suspension of the Services. This includes any losses, expenses, or damages incurred by you, whether direct, indirect, consequential, or otherwise, including but not limited to loss of profits, data, or business opportunities.
You acknowledge and agree that your use of the Services is at your own risk, and Mezzofy shall not be responsible for any adverse consequences or damages that may arise from such use or from any termination or suspension of the Services.
Additional Legal Terms
22. Your Licence
Mezzofy grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Services solely for the purpose of managing your inventory, expenses, and received funds, providing email receipts to your customers, and utilizing any other Services made available through the Mezzofy application, in accordance with the terms of this Agreement. The Services include our website and any mobile applications, software, programs, documentation, tools, internet-based services, components, and any updates provided by Mezzofy.
You are entitled to download updates to the Services, subject to any additional terms communicated to you at that time, when Mezzofy makes such updates available.
While we want you to have a positive experience using the Services, it is important to adhere to the following restrictions:
(i) You may not access or monitor any material or information on any Mezzofy system using any manual process or automated means, such as robots, spiders, scrapers, or other automated tools, unless you have a separate written agreement with Mezzofy that grants you an exception to this prohibition.
(ii) You may not copy, store, reverse engineer, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute Mezzofy's software, materials, or information in any way.
(iii) You may not allow any third party to use or benefit from the Services through rental, lease, timesharing, service bureau, or similar arrangements.
(iv) You may not transfer any rights granted to you under this Agreement.
(v) You may not violate any robot exclusion headers on the Services or any Mezzofy service or product, attempt to circumvent technical limitations, use tools to enable disabled features, or reverse engineer the Services, except to the extent prohibited by law.
(vi) You may not perform actions that disrupt the proper functioning of the Services, prevent access to or use of the Services by other customers, or impose an unreasonable or disproportionately large load on our infrastructure.
(vii) You may only use the Services as expressly allowed under this Agreement.
Please note that all rights granted to you under this Agreement will terminate immediately if you breach any term or condition contained herein.
The Services provided by Mezzofy are licensed to you and not sold or assigned. Mezzofy retains all rights that are not expressly granted to you in this Agreement. The Services are protected by various intellectual property laws, including patent, copyright, trademark, trade secret, and other intellectual property rights. Mezzofy owns the title, copyright, and other Intellectual Property Rights in the Services and all copies of the Services. This Agreement does not grant you any rights to Mezzofy's trademarks or service marks.
For the purposes of this Agreement, "Intellectual Property Rights" refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and any other intellectual property rights under the laws of any state, country, territory, or jurisdiction.
You may choose to submit comments or ideas about the Services, including suggestions for improvement or feedback on our other products ("Ideas"). By submitting any Idea, you agree that your disclosure is voluntary, unsolicited, and without any expectation of compensation. You acknowledge that your submission does not create any fiduciary or other obligation on Mezzofy's part, and we are free to use the Idea without providing any compensation to you. We may also disclose the Idea on a non-confidential basis or to others. Furthermore, you acknowledge that Mezzofy's acceptance of your submission does not waive any rights to use similar or related ideas previously known to Mezzofy, developed by its employees, or obtained from other sources.
You agree to indemnify, defend, and hold us (including our employees, directors, agents, affiliates, and representatives) harmless from any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys' fees) arising from any claim, action, audit, investigation, inquiry, or other proceeding brought by a person or entity that is related to or arises from:
(a) Your actual or alleged breach of the representations, warranties, or obligations set forth in this Agreement, including any violation of our policies;
(b) Your unauthorized, wrongful, or improper use of the Services;
(c) Any transaction you submit through the Services, including the accuracy of any Merchant Content, product, service, or transaction information provided by you, and any claims or disputes arising from products or services offered or sold by you;
(d) Your violation of any third-party right, including privacy rights, publicity rights, or Intellectual Property Rights;
(e) Your violation of any law, rule, or regulation in Hong Kong or any other country;
(f) Another party's access and/or use of the Services using your unique name, login, password, or other security code.
You agree to bear the costs and expenses associated with such claims and to cooperate fully in the defense against any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
25. Representation and Warranties
You represent and warrant to us that:
(a) You have reached the legal age of majority in your jurisdiction.
(b) You are eligible to use the Mezzofy application and Services, and you have the right, power, and ability to enter into and fulfill your obligations under this Agreement.
(c) If you are registering and using the Services on behalf of an organization, you have the authority, power, and right to act on behalf of that organization under this Agreement.
(d) The name you provided during registration belongs to you or your business under which you sell goods and services.
(e) You and all transactions initiated by you will comply with all applicable national, federal, state, and local laws, rules, and regulations, including tax, employment, wage and hour, and tip laws and regulations in your jurisdiction.
(f) You will not use the Services, directly or indirectly, for any fraudulent activity or in a manner that interferes with the operation of the Services.
(g) Your use of the Services will be in compliance with this Agreement.
By agreeing to these terms, you confirm the accuracy and truthfulness of these representations and warranties.
26. No Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MEZZOFY AND ITS LICENSORS (INCLUDING THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) MAKE NO WARRANTY THAT THE SERVICE IS ACCURATE, RELIABLE, OR CORRECT. THEY DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE. THEY DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEZZOFY OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
MEZZOFY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEZZOFY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
26a. Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEZZOFY, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL MEZZOFY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR MEZZOFY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEZZOFY, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) MERCHANT CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL MEZZOFY, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, BREACH OF STATUTORY DUTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MEZZOFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Services are controlled and operated from facilities in Hong Kong. Mezzofy makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Hong Kong and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by Hong Kong or are a foreign person or entity blocked or denied by the Hong Kong government.
26b. Third Party Products
Subject to the additional third-party terms from third-party platform providers, as set out in this Agreement, all third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. MEZZOFY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MEZZOFY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD-PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact Mezzofy Support with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration.
Arbitration is a private process where both parties agree to have a neutral third party (an arbitrator) hear and decide the dispute. By accepting this Agreement, you and Mezzofy agree to resolve any disputes through binding arbitration. This means that neither you nor Mezzofy will have the right to have a judge or jury decide the dispute. You also waive the right to participate as a plaintiff or class member in any class action or similar proceeding. The arbitration will be conducted in accordance with the rules and procedures of the arbitration provider mutually agreed upon by the parties. The arbitrator's decision will be final and binding on both parties.
This arbitration provision does not restrict either party's right to seek injunctive or other equitable relief for disputes relating to intellectual property rights, unauthorized access, or unauthorized use of the Services. Any claims arising from intellectual property rights or unauthorized access or use of the Services may be brought in a court of competent jurisdiction.
Please note that this dispute resolution process does not apply to claims arising from unauthorized use of your Mezzofy Account, which should be reported to Mezzofy immediately.
By accepting this Agreement, you acknowledge and agree to the terms of this dispute resolution process.
28. Binding Individual Arbitration
You and Mezzofy agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST MEZZOFY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the local law authorities. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Hong Kong or another mutually agreeable location.
The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, Mezzofy will pay all the arbitration fees. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Mezzofy will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous.
For purposes of this arbitration provision, references to you and Mezzofy also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries of Mezzofy services.
Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in, and you hereby consent to the exclusive jurisdiction and venue in the state courts in the County of Hong Kong.
29. Governing Law
This Agreement and any Dispute will be governed by Hong Kong law as applied to agreements entered into and to be performed entirely within Mezzofy, without regard to its choice of law or conflicts of law principles that would require the application of the law of a different jurisdiction.
30. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
31. Right to Amend
We reserve the right to change or add to the terms of this Agreement at any time. We may also change, delete, discontinue, or impose conditions on any feature or aspect of the Services. We will provide notice of any changes that we deem reasonable, including posting the notice on our website at Mezzofyup.com or any other website owned or maintained by us. Your continued use of the Services after we publish any such changes will constitute your acceptance of the modified Agreement. However, any Dispute that arose before the modification will be governed by the Agreement that was in place when the Dispute arose.
This Agreement, including the rights and licenses granted hereunder, may not be transferred or assigned by you. However, Mezzofy may assign this Agreement without any restriction.
33. Third Party Services and Links to Other Web Sites
34. Other Provisions
This Agreement, except as specifically stated otherwise, constitutes the complete and exclusive agreement between you and Mezzofy, governing your access and use of the Services. It represents the entire liability of Mezzofy and its vendors and suppliers (including processors), and it serves as your exclusive remedy in relation to the Services. In the event of a conflict between this Agreement and any other agreement or policy of Mezzofy, this Agreement shall prevail regarding the subject matter covered herein. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, it shall be modified and interpreted to the extent necessary to achieve the objectives of such provision to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. The headings in this Agreement are included for convenience purposes only and shall not affect its interpretation. This Agreement does not limit any rights that Mezzofy may have under trade secret, copyright, patent, or other laws. The failure of Mezzofy to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
In addition to any provisions necessary to fulfill the purpose and enforce the terms of this Agreement, the following sections shall survive and remain in effect upon the termination of this Agreement: Sections 9-12, 14-15, and 21-36.
"Buyer" refers to any individual who engages in a cash or payment card transaction with a Merchant.
"Dispute" encompasses any claim, controversy, or dispute between you and Mezzofy, regardless of the legal theory involved, including matters related to this Agreement (such as breach, termination, or interpretation), our relationship, Mezzofy advertising, and the use of Mezzofy software or services. The term "Dispute" also includes claims that arose before this Agreement and those that may arise after its termination.
"Merchant" pertains to any individual who registers for a Mezzofy Account in order to utilize the Mezzofy application for inventory management, expense tracking, payment processing, issuing email receipts to Buyers, or any other Service offered by Mezzofy through the Mezzofy application.
"Mezzofy" encompasses Mezzofy, its suppliers, and licensors, along with their respective affiliates, agents, directors, and employees.
Powered by Mezzofy