Please read these Terms and Conditions carefully before using the Rehive website, dashboard, API and any other software operated by Rehive and/or Plusgo Co.
2. USE OF REHIVE AND THE SERVICES
2.2 Security. It is your responsibility to ensure that Rehive and the Account is only accessed by you and that you keep your login details, password or other security features associated with your access safe and secure. If you have any knowledge or any suspicion that any of these security features have been stolen or misappropriated or used without authorisation or otherwise compromised you must contact Client Support without delay. Any undue delay in notifying us may affect the security of your Account and /or result in you being liable for any losses as a result.
2.4 Equipment. You must provide and/or obtain any equipment or telecommunications lines and links that may be necessary for you to use Rehive and you acknowledge that certain software and equipment used by you may not be capable of supporting certain features of Rehive.
2.5 Principal only. You hereby confirm, represent and warrant to us at all times that that you are acting on your own account and not on behalf of any other person and acknowledge that we shall not be responsible for or otherwise guarantee the performance of any transaction entered into by you with an End Customer.
2.6 End Customers Responsibilities. You will be solely responsible for all services provided to End Customers.
3. DATA PROTECTION LEGISLATION
3.1 Personal data. By asking us to provide you with the Services you will be providing us with information which includes information that may be personal data which we as a data controller, collect, store and process. We will only use any personal information to allow us to provide you with the Services and to assess our risks in doing so. 3.2 Responsibility for Data. You are solely responsible for the content, quality, accuracy and completeness of End Customer data and any other data transmitted by you or on your behalf via or in connection with the use of Rehive and the Services.
4. FEES AND AMOUNTS TO BE PAID
4.1 Fees. Transaction fees and service fees for the Services shall be as set out in the relevant Commercial Agreements and may be increased by us in accordance with the terms of the relevant Commercial Agreement. Pre-paid transaction and service fees are non-refundable.
4.2 Taxes. All Fees are stated exclusive of all taxes and similar fiscal charges now in force or enacted in the future, all of which you will be responsible for and must pay in full, except for taxes based on our net income.
6. CONFIDENTIAL INFORMATION
7. OUR AGREEMENT WITH YOU
8.1 Instructions and Agreed Orders. We are entitled to act on instructions and rely on agreed Orders which are received from or made with you or an Authorised Person or appear so to be. You agree to indemnify us for all losses arising from our doing so and from any losses we may incur resulting from any errors made by you or an Authorised Person in providing instructions to us or concluding Orders with us (whether verbally or in writing) unless these arise due to our negligence, willful default or fraud. We shall not be liable to you for the non-execution of a payment or for the defective execution of the payment if the information you provide is incorrect. However, we will make reasonable efforts to recover the funds involved in the payment. You will be responsible for the costs incurred by us for any such recovery.
8.2 Non Exclusion. Nothing in this Agreement excludes our liability for fraudulent misrepresentation, death or personal injury caused by our negligence or the negligence of our employees or agents or any other liability that cannot be excluded by law.
8.3 Unauthorised or incorrectly executed payments. Under the Regulations you may be entitled to redress for any unauthorised or incorrectly executed payments. In the case of an executed payment not authorised by you or an Authorised Person we will refund the amount of the unauthorised payment to you and where applicable, restore the debited payment account to the state it would have been in had the unauthorised payment not taken place. If we fail to execute, or incorrectly execute, a payment unless we can establish that the beneficiary’s payment service provider received the amount of the payment transaction, we will refund to you the amount of the non-executed or defective payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place. We will also refund to you with any direct charges for which you are responsible and any interest which you must pay as a consequence of the non-execution or defective execution of the payment transaction. Beyond this, we have no further liability to you any unauthorised or incorrectly executed payments.
8.5 Payee/beneficiary bank failure. We will not be liable if the payee/beneficiary bank fails to process the payment correctly.
8.6 Our Negligence. If a loss is incurred due to our negligence, we will attempt to correct the error. If we are unable to do so, we will be liable for any direct losses such as bank fees and interest incurred as a result of our negligence. In no circumstances will we be liable for any indirect, unforeseeable or incidental losses incurred such as loss of opportunity by you or any action for damages made against you by a beneficiary
8.7 Your Indemnities. You agree to defend any claim against us that your actions in connection with your use of Rehive or the Services violate any third party’s rights of privacy, or violate any privacy laws; and arising from or relating to End Customer data. You will, in either case, indemnify us (and our directors, employees and agents) against all damages awarded against us or agreed to in a written settlement agreement signed by you arising out of such claim. In addition, with regard to Contracts, you shall, on our demand, indemnify us from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by us (including losses and expenses from any action we take to seek to cover or reduce our exposure under any Contracts) as a result of: our acting on a written, oral, telephone, fax or electronic Order which reasonably appeared to us to be from you or an Authorised Person; or our exercising our rights to Close Out all or any part of any Contract.
9.3 Additional Grounds for Termination. We may suspend Services and terminate your Commercial Agreement at any time without prior notice if: a financial regulator, regulatory agency, or law enforcement agency posts a warning with regard to you: any governmental, regulatory, or judicial authority directs us to suspend or terminate your Commercial Agreement; a banking partner of ours requests that we terminate your Commercial Agreement; or we have reason to believe that you are engaged in fraud, money laundering, or terrorist financing.
10.2 Changes to the Rehive. We reserve the right to modify Rehive at any time as it deems necessary to comply with applicable laws and regulations or business needs, provided that such modification shall not thereby substantially degrade the functionality of the Rehive.
10.5 Advertising. We may include your name, logo and contact information in directories of our service subscribers and other general promotional materials for the purpose of promoting the use of Rehive generally. Neither party shall issue a press release relating to their business relationship without the written consent of the other party. Neither party may use the trademark or trade name of the other party without the written consent of such party.
10.8 Non-Solicitation. During the term of your Commercial Agreement and for a period of one (1) year thereafter, you shall not solicit or hire the services of any employee or subcontractor of us, without our prior written consent.
10.13 Complaint. If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know.