05th July 2018
We may make minor revisions to the Terms and Conditions without notice. By continuing to use our services, you agree to the Terms and Conditions and any minor reviews. Major changes will be communicated to you via your registered email address.
Contents
Introduction
Thank you for choosing Tascuro.com. We were developed to help growing businesses remove the hassle and expense involved in accepting credit and debit card payments via their websites. With the market saturated with e-commerce offerings, there were few services which make it simple for service providers to allow their customers to settle invoices in a cashless manner.
We offer a simple platform (the "Service") to facilitate the creation, distribution and settlement of service based invoices to help you get paid quicker and allow you to offer multiple payment methods to your customers.
Our aim has always been to simplify the process of accepting card payments, specifically via your own website, to allow you to focus on your own business.
This page (together with the documents referred to on it) informs you of the Terms and Conditions ("T&C") on which you may use our website www.tascuro.com ("our Site"), inclusive of all subdomains. No other terms of business will apply to such use.
Please read these Terms and Conditions carefully, and in full, before you start to use our Site. By registering to use our service, you agree that you accept these Terms and Conditions and that you agree to abide by them. You must accept these terms and conditions before being allowed to register with our service.
PLEASE NOTE THAT IN ORDER TO ACCESS AND USE OUR APP AND SITE YOU MUST BE OVER 18 years old or over the minimum legal age in the JURISDICTION from which you are accessing our site, whichever is the higher.
Who we are
Our service is operated by Tascuro Ltd ("We" or "Tascuro" or "Tascuro.com").
We are registered in England and Wales under company number 10800297
Our registered office at 85 Great Portland Street, First Floor, London, England, W1W 7LT.
Our Platform
We agree to provide you with a service supported by software via our Site to allow you to permit us to communicate your customers' debit and credit card details to Payment Providers in order for those Payment Providers to provide a payment service to you under their own terms of business (the "Payment Service"), and to manage information in relation to those payments by having the facility to: generate quotes and invoices, customise quotes, invoices and instant receipts and export your payment information into various formats for accounting purposes.
Prior to being able to use the Services, the details you provide to us upon registration will be checked and verified by Payment Providers, with whom you must also have a separate agreement.
For further information on this verification process, please see your agreement with the relevant Payment Providers.
We will notify you once your registration has been either approved or deemed ineligible by the relevant Payment Provider(s) for use of the Payment Service.
The Payment Provider will provide you with the relevant Payment Providers' terms of business which will govern the terms of the Payment Service: please note that we facilitate the provision of information between you and Payment Providers to assist your management of the Payment Service but we do not provide the Payment Service ourselves and your contract for the Payment Service is directly between you and the relevant Payment Provider on the Payment Provider's terms of business.
All references in these Terms and Conditions to the Payment Service and to actions which Payment Providers will take assume that the relevant Payment Provider has agreed to provide the Payment Terms to you: this will be subject to their verification of the information you provide to us and to other conditions of their terms of business from time to time. We do not guarantee, even if you have paid the relevant fees, access to the Service, or that a Payment Provider will agree to or will continue to provide you with the Payment Service. Your rights to terminate the Services are set out at the section headed Termination below.
Although we will endeavour to assist you in any dispute resolution between yourself and the Payment Provider, We shall not be required to act for or on your behalf, and cannot guarantee any actions taken by Tascuro or by the Payment Provider,
Subject to successful registration with Tascuro.com and approval by a Payment Provider, the Site may be used in accordance with these Terms and Conditions to receive access to the Payment Service provided by Payment Providers for unlimited payment transactions in return for the per-payment fees and custom rates (for payments in any calendar month having an aggregate value in excess of £20,000 or such other amount as may be specified) specified on the Site. Please note that Payment Providers may vary their charges from time to time in accordance with their own terms of business.
Access to the Service (via one of our Subscription packages) is subject to payment in arrears of our then current monthly fee or payment in advance of our then current annual fee, each as specified on the Site. Monthly fees must be paid during the month for which the Service is being provided, no later than the last working day of that month. The annual fee must be paid upon registering for the Service for twelve (12) months on our Site. Please note that we may increase our fees for the Service from time to time by giving you not less than 30 days' notice to your registered email or via the Site. Your rights to terminate if you do not wish to accept any such increase are set out at the section headed Termination below.
The Payment Providers pay you for your transactions minus their fees into your designated bank account, specified directly to the Payment Provider, typically within 7 working days for card transactions. We are however not liable for any delays caused which are out of our control.
A certain amount of your funds may be subject to an additional hold period by the Payment Providers with terms determined by your perceived risk and transaction history. Please consult your agreement with the Payment Providers for further information on their payment terms.
You are responsible for refunds, returns, and liable for customer disputes including Charge backs. Please see "Your Liability" below for further information.
Card processing fees are set and deducted from any payments processed via the Payment Provider, by the Payment Provider. They are responsible for any increases in this fee and should communicate any changes to this fee to your as part of their own terms of business. We are not liable for any increases to this fee as it is not administered or controlled by our Service.
Whilst we aim to provide uninterrupted Services, unfortunately we cannot guarantee this. We will use reasonable endeavours to minimise any disruption to the Services (for example, by endeavouring to limit Site maintenance activities to non-business hours) and wherever reasonably possible, we will provide advance warning on our Site of any known or planned interruptions. Interruptions may also be caused by factors beyond our reasonable control. If circumstances happen that are beyond our reasonable control, we will not be liable for any failure to perform our obligations under these Terms and Conditions because of those circumstances, and we will be excused from that failure for so long as those circumstances continue. Interruptions caused by factors outside our control may include, but are not limited to, failure of our telecommunications or internet service provider, or actions or omissions of Payment Providers.
You shall provide us with accurate information when registering to use our Site, including that you are over 18 years old or the legal minimum age in the jurisdiction from which you are accessing our Site, whichever is the higher.
The Service is available to persons or entities that operate a business selling goods and / or services in addition to personal, family or household purposes. To use our Service for any
reason, you will first have to register for our Site.
To use the Service in a personal capacity, we will collection information including your name, address, email address and phone number.
To use the Service for your business, in addition to the aforementioned information, we will also collect your; business name, business identification number and tax information
such as VAT number.
You must provide information about an owner or principal of the business and you must be authorised to act on behalf of the business and have the authority to bind the business to
these Terms and Conditions.
From time to time, we may restrict access to some parts of our Site to members who have registered with us.
We may restrict access to areas or functionality within the Site dependant on the subscription Package that you have selected.
You must treat your password and any other piece of information that we provide you with as part of our security procedures, as confidential, and you must not disclose it to any third party. We have the right to disable any user password or account, whether chosen by you or allocated by us, at any time and to suspend access to the Services accordingly if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
When accessing the Site via a mobile device, you acknowledge that the terms of agreement between you and your respective mobile network provider ("Mobile Provider") will continue to apply when using our Site. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile device being used to access the App, you must receive permission from the bill payer before using the App on the mobile device.
System Requirements
In order to use the Site, you are required to have a compatible internet enabled device, internet access, and the necessary minimum specifications ("Minimum Software Requirements").
The Minimum Software Requirements are as follows: a PC or Mac running Google Chrome.
Use of Internet Explorer is not recommended.
Our conduct
You will only accept payments and use the Services for transactions between you and your customers for the bona fide sale of lawful goods or services and related account management activities.
You will not solicit or use your customers' card details for any purpose other than to process payment for such goods and services.
You will comply with all applicable laws, rules, regulations and orders of governments having jurisdiction in connection with your use of the Site and the Services.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in and to our Site and the Service, and in the material published on the Site. These works are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as owners of our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining written consent from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You will not, nor allow third parties on your behalf to:
- Make and distribute copies of the App or the Site;
- Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Site or any underlying software which is used to operate the Site; or
- Create derivative works of the Site, or of any underlying software which is used to operate the Site, of any kind whatsoever.
Our Liability
Subject to the below paragraphs, our maximum responsibility and liability to you (including in negligence) in relation to these Terms and Conditions will be limited to paying you an amount equal to the total amount of fees you paid to us in the 6 months prior to the incident for which we are responsible.
We will not be responsible for any of the following:
- Loss or damage which we could not have reasonably known about at the time you registered for the Services (sometimes called indirect, consequential, incidental or special damage);
- Loss or damage you suffer as a result of us or any Payment Provider not providing any Services or making the Site available because of something beyond our control;
- Loss or damage caused by the acts or omissions of any third parties;
- Loss or damage caused by any action or omission of any Payment Provider.
- Loss or damage you suffer which arise from you using the Services other than as described on our Site, or in these Terms and Conditions, including without limitation if we actually knew or should have known about the possibility you could experience such loss.
This does not limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under the applicable law.
Your Conduct and Liability
You shall indemnify and keep indemnified and hold harmless Tascuro from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Tascuro as a result of or in connection with any action, demand or claim arising out of or relating to your breach of any provision of (i) these Terms and Conditions and/or your use of the Services, and/or the Site; and (ii) the terms of your agreement with any Payment Provider.
We process information about you in accordance with our Privacy Policy, which encompasses EU GDPR conditions. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
You must not misuse our Site or Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via any denial-of-service attack or any distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and Service will cease immediately without notice.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, mobile device and/or computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on them, or on any website linked to them.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to remove any link you may make to our Site at our sole and absolute discretion. This section doesn't not apply to the use of links which facilitate the ability for your customer's to provide payment for invoices created with our Site.
Our Site must not be framed on any other site. You are permitted and must use the scripts/code provided by us to incorporate our Service into your own/another website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.
If you wish to make any use of material on our Site other than as expressly set out above, please address your request to legal@tascuro.com.
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or any other person in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree not to access without authority, interfere with, damage or disrupt:
- Any part of our Site;
- Any equipment or network on which our Site is stored;
- Any software used in the provision of our Site; or
- Any equipment or network or software owned or used by any third party.
In order to use our Service you must confirm and agree that you will not use the Service to accept payments in connection with the following businesses, business activities or business practices: (1) door-to-door sales, (2) offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase, (3) negative response marketing, (4) engaging in deceptive marketing practices, (5) sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service, (6) evading Card Network’s chargeback monitoring programs, (7) engaging in any form of licensed or unlicensed aggregation or factoring, (8) airlines, (9) age verification, (10) age restricted products or services, (11) bail bonds, (12) bankruptcy lawyers, (13) bidding fee auctions, (14) collection agencies, (15) chain letters, (16) cheque cashing, wire transfers or money orders, (17) counterfeit goods, (18) currency exchanges or dealers, (19) embassies, foreign consulates or other foreign governments, (20) firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down, (21) credit card and identity theft protection, (22) cruise lines, (23) essay mills, (24) flea markets, (25) drug paraphernalia, (26) extended warranties, (27) fortune tellers, (28) "get rich quick" schemes; (29) gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services), (30) sports forecasting or odds making, (31) illegal products or services, (32) mail-order brides, (33) marijuana dispensaries and related businesses, (34) money transmitters or money service businesses, (35) multi-level marketing or pyramid schemes, (36) online or other non-face-to-face pharmacies or pharmacy referral services, (37) prepaid phone cards, phone services or mobile phones, (38) pseudo pharmaceuticals, (39) quasi-cash or stored value, (40) securities brokers, (41) sexually-oriented or pornographic products or services, (42) shipping or forwarding brokers, (43) substances designed to mimic illegal drugs, (44) telemarketing, (45) telecommunications equipment and telephone sales, (46) timeshares, (47) travel agencies or travel clubs, (48) online or other non-face-to-face tobacco or e-cigarette sales, (49) weapons and munitions (50) virtual currency that can be monetised, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, (51) personal computer technical support, (52) selling video game or virtual world credits (unless you are the operator of the video game or virtual world), (53) selling social media activity, such as Twitter followers, Facebook likes or YouTube views, (54) human hair, fake hair or hair-extensions, (55) any product or service that infringes upon the copyright, trademark or trade secrets of any third party, or (56) any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Networks. By accepting this Agreement you confirm that you satisfy these requirements and will continue to do so in connection with your use of the Service.
Termination
The Terms and Conditions are effective upon the date you agree to them as evidenced by your registration for the Service and continue so long as you use the Services or until terminated by you or Tascuro in accordance with the following section.
You may terminate your agreement with us by closing your Tascuro account at any time by following the instructions on our Site.
You may stop your subscription by downgrading your Tascuro account by going online to cancel your automatic monthly or annual subscription in the "settings" section,
so that you are not renewed.
We are not able to refund merchants on subscription costs due to a lack of use of the service.
Subject to the following paragraph, we may terminate our agreement with you and close your Tascuro account for any reason effective upon providing you two (2) months' prior notice at
any time.
If you are a Subscribed user, notice to terminate given by us to you will be deemed to expire at the end of the month in which such notice actually expires but if you have received two (2) months' notice of termination from us you may close your Tascuro account before expiry of that notice, by following the instructions on our Site. Note that if you are paying monthly fees, you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee in advance, you will receive a refund of the fee calculated on a pro-rata basis for every full month following termination. We will issue such a refund within forty-five (45) days of termination.
We may suspend your access to the Services or any part of them, or terminate our agreement with you immediately upon notice to you, if we determine in our sole discretion that there has been a breach of these Terms and Conditions or upon request of a Payment Provider, or if any other provision of these Terms and Conditions permits us to do so. Note that if you are paying monthly fees you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee, any refund in these circumstances will be at our sole discretion.
Our agreement with you on these Terms and Conditions will automatically and immediately end if you become bankrupt or your business is not able to pay its debts, stops trading or becomes insolvent. In those circumstances we shall have no further obligation to you under the Terms and Conditions.
Right to alter Terms
We may revise these Terms and Conditions at any time. Any changes we make to our Terms and Conditions will be posted on our Site and, where appropriate, notified to you by e-mail or other appropriate means. You are expected to check our Site from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Site.
Right to enforce
The Terms and Conditions and other policies posted on our Site constitute the entire agreement between us and you and supersede any prior agreement.
If we do not enforce any of these terms, we are not waiving our rights to do so later.
We may assign this agreement in our sole discretion.
Legal Jurisdiction
The English courts will have exclusive jurisdiction over any claim arising from, or related to, our Site and these Terms and Conditions.
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
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