Terms and Conditions of Use

Last Updated:  1 April 2018

These Terms and Conditions of Use (“Terms of Use”) act as a legal agreement between you ("you" or "user") and Elavon Financial Services Designated Activity Company. (“Elavon” or “we”, “us”, or “our”).  These Terms of Use and the Elavon Cookie Policy and Privacy Pledge state the terms and conditions that govern your access to and use of the website located at www.developer-eu.elavon.com  (the “Site”), including the Content (defined below) and the services available via the Site (the “Services”).  These Terms of Use apply solely to the Site, Content and Services and your use thereof.  BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE EXIT IMMEDIATELY AND DO NOT ACCESS OR USE THE SITE, CONTENT OR SERVICES. 

WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED ACCESS TO OR USE OF THE SITE, CONTENT OR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.

We recommend that you print a copy of these Terms of Use for future reference.   

  1. Site Availability/User Eligibility.  The Site is available worldwide and may be operated from various locations both within and outside the European Economic Area.  The Site may be hosted by Elavon or a third party vendor of Elavon.  You should only access and use the Site, Content and Services from locations where such access and use are not prohibited by applicable law.   If you access or use the Site, Content or Services from outside the European Economic Area, you do so at your own risk and you are responsible for complying with the laws and regulations of the territory from which you access or use the Site, Content or Services.  You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, Content and Services. You should not access or use the Site if you are under the age of 18 years of age.  The Site, Content and Services may only be used for the intended purpose for which they are being made available.      
  2. Additional Terms May Apply.  Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain types of submissions or available features on the Site.  If applicable, these Additional Terms will be set forth: (i) where you are permitted to make a submission or access certain features or, (ii) in a link adjacent to where you are permitted to make a submission or access the available features.  You should carefully review all Additional Terms before making a submission or accessing the applicable available feature. These Additional Terms are hereby incorporated into and made a part of these Terms of Use by reference.  In the event any Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which the Additional Terms apply. 
  3. Copyright and Ownership. The Site and the APIs and Documentation (defined below) and all of the other materials and content featured or displayed on the Site, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (collectively "Content"), is owned by Elavon, its licensors, vendors, agents and/or its Content providers, and all rights in and to the Site and Content are reserved.  Except as otherwise set forth in these Term of Use or as permitted by applicable law, you are authorized to view, play, print and download Content for informational, evaluation and testing purposes only.  Except as otherwise set forth in these Term of Use or as permitted by applicable law, you may not modify, copy, reproduce, distribute, transmit, publicly display or perform, publish, license, create derivative works from, transfer or sell any Content.  You may not remove any copyright, trademark or other proprietary notices from the Site, Content or Services.
  4. License to APIs.  Elavon may make available on the Site certain application programming interfaces (each an “API”) and certain documentation and other Content associated with the APIs (“Documentation”).  Unless other specific terms and conditions are provided by Elavon in connection with the API, Elavon grants you a limited, revocable, non-exclusive, non-transferable license to access and use the APIs and their Documentation for the sole purpose of testing the integration of the APIs into applications owned by you or properly licensed to you by third party licensors (together the “Applications”) and to test the ability of such Applications to transmit and receive test data to and from Elavon.  You acknowledge and agree that you may not distribute commercially or otherwise utilize in production any Application you may develop using the APIs unless you first agree and enter into an additional agreement with Elavon. 
  5. Trademarks/No Endorsement. All trademarks, service marks and trade names used by Elavon in connection with the Site, Content or Services (including, but not limited to, Elavon’s name, logos and the Site design) (collectively “Marks”) are the intellectual property of Elavon or its affiliates, partners, vendors or licensors, and these Terms of Use do not grant you any right to use the Marks, including as a link to the Site, or as part of a website address, “meta tag” or in hidden text.  In addition, you shall not without Elavon's prior written consent use the Marks, Elavon’s name or any language, pictures or symbols which indicate or which could, in Elavon’s judgment, imply Elavon’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature,.
  6. Account Registration and Security. Subject to the terms of these Terms of Use, you understand that you may need to create an account to have access to all functionality of the Site.  By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account.  You may not maintain more than one active account for the Site at any time.  In consideration of your right to use of the Site, Content and Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Site's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Elavon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Elavon has the right to suspend or terminate your account and refuse any and all current or future use of the Site, Content or Services (or any portion thereof).  You may not allow any other user to access or use your account or account credentials.  

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.  You will not share your account information or your user name and password with any third party or permit any third party to logon to the Site using your account information.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site, Content and Services.

  1. User Submissions.  Portions of the Site may permit you to create, upload, share, post or otherwise transmit videos, photos, messages, feedback, recommendations, tips or other materials, items or other Content (“User Submissions”).  While you retain ownership of the intellectual property rights in any User Submissions, by creating, uploading, sharing or posting User Submissions on our Site in any manner, you expressly grant Elavon a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display your User Submissions and your name, voice, and/or likeness as contained in your User Submissions, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the Site, Content and Services.  Any User Submissions are deemed non-confidential, and Elavon shall be under no obligation to maintain the confidentiality of any information or ideas, in whatever form, in any User Submissions.  Furthermore, you shall be solely responsible for your own User Submissions and the consequences of creating, uploading, sharing, posting or otherwise transmitting them.

In no event shall you represent or suggest, directly or indirectly, Elavon’s endorsement of any User Submissions.

  1. Restrictions on Use.     

In accessing and using the Site, you must comply with all applicable laws, rules and regulations, this Agreement and any applicable Additional Terms and you may not:

  • request or otherwise attempt to obtain or store, personal information, passwords, account information or any type of information of other users;
  • disguise the origin of any User Submission;
  • collect or use any Content on the Site except as expressly permitted in this Agreement or any applicable Additional Terms;
  • make any derivative use of the Site or Content except as expressly permitted in this Agreement or any applicable Additional Terms;
  • except in relation to establishing connections via the APIs in accordance with the Documentation, use any automated means to access the Site for any purpose or otherwise use any data mining, robots, spider, scraper or similar data gathering and extraction tools;
  • upload any material that contains viruses, malware, or other contaminants (including, but not limited to, worms, bots, logic bombs, trojans, trap doors, back doors, exploits or any self-propagating or other similar programs) that may infect, damage, disable, interfere with, intercept or expropriate the operation or another’s computer, data or other property;
  • access or attempt to access content on the Site through any interface except for API connections established in accordance with the Documentation or other publicly provided interfaces provided by Elavon;
  • frame or utilize framing techniques to enclose any Marks or other proprietary information (including images, text, page layout or form) of Elavon, its Content providers or its affiliates;
  • take any action that imposes or may impose, in our opinion, an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • create a link to the Site, including a deep-link that bypasses the Site’s home page; or
  • bypass any measures we may use to prevent or restrict access to the Site.

In addition, you must not create, upload, share, post or otherwise send or transmit any User Submissions that:

  • violates or infringes a third party’s intellectual property rights or any other rights of a third party;
  • is threatening, disparaging, derogatory, unlawful, violent, abusive, libelous, obscene, lewd, pornographic, sexual in nature, profane or defamatory or otherwise offensive or that could constitute or encourage criminal conduct or give rise to civil liability, or otherwise violates any law;
  • contains false, misleading or inaccurate information;
  • poses a threat to any person or the public’s safety;
  • does not pertain to the subject matter of the Site;
  • contains advertising or promotional materials or any other form of solicitation; or  
  • contains information relating to a third party including the name or likeness of a natural person.

You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Site or the Site or through voice computer systems is expressly prohibited by these Terms of Use.

Any unauthorized use of the Site in breach of this section 8 automatically terminates the permissions and/or licenses granted by us to you. 

  1. Inappropriate User Submissions/Takedown.  Elavon has the right, but not the obligation, to monitor User Submissions.   Elavon may reject or remove any User Submissions which Elavon believes, in its sole discretion, violate these Terms of Use or are otherwise objectionable to Elavon.  Elavon reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Submission from the Site at any time and without notice. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate this Agreement, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Site at any time without notice.
  2. Third Party Links. From time to time, the Site may contain links to other websites. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither Elavon nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither Elavon nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Site, you do so entirely at your own risk.           
  3. Representations and Warranties.  You represent and warrant that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein.  You further represent and warrant that your use of the Site, Content and Services is and will be in compliance with all applicable laws and these Terms of Use.  Without limiting the foregoing, in connection with User Submissions, you represent and warrant the User Submissions and Elavon’s exercise of its rights in and to any User Submission as contemplated by these Terms of Use will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity
  4. DISCLAIMERS. Your use of the Site, content and services is at your own risk. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ELAVON NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE SITE. In addition, Elavon does not guarantee continuous, uninterrupted or secure access to our Site, CONTENT or Services, and operation of the Site may be interfered with by numerous factors outside of our control. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER ELAVON, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELAVON OR THROUGH THE SITE, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  1. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ELAVON, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SITE, CONTENT OR SERVICES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, COST OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF GOODWILL ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, CONTENT, SERVICES OR ANY WEBSITES LINKED TO THE SITE.  YOU AGREE THIS LIMITATION SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE, CONTENT OR SERVICES.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  1. Indemnity. You agree to defend, indemnify and hold Elavon, its affiliates and any of their respective officers, directors, employees, representatives or agents harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to, arising out of or in connection with (i) the use of the Site, Content or Services; (ii) your violation of any part of these Terms of Use; (iii) your violation of any law, rule or regulation of Ireland or any other country; (iv) your User Submissions; or (v) any other party’s access and use of your account.
  2. Release. In the event that you have a dispute with one or more other users of the Site, you release Elavon (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, including without limitation any intellectual property dispute.
  3. Termination. Elavon may cease making all or any part of the Site, Content or Services available at any time in its sole discretion.  In addition, Elavon may suspend or terminate your account or your use of the Site, Content or Service at any time in its sole discretion or in the event of any breach of you by you of these Terms of Use. 
  4. Data Collection and Use.  The collection and use of data via the Site, Content and Services, including collection and use of data that is personally identifiable information is governed by the Elavon Cookie Policy and Privacy Pledge which is incorporated into and is a part of this Agreement. 
  5. Transmission of Personal Data.  You acknowledge and agree that by providing Elavon with any personal or proprietary user information through the Site, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Elavon’s standard business practices.
  6. General. Any claim (including non-contractual disputes or claims) relating to, and the use of, the Site, Content or Services is governed by Irish law . You consent to the exclusive jurisdiction of the Irish Courts to settle any dispute or claim (including non-contractual disputes or claims) relating to, and the use of, the Site, Content or Services.  Nothing in this section shall limit our right to bring proceedings in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.  A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Elavon may cooperate with any law enforcement authorities, lawful process, warrant or court order   requesting or directing us to disclose the identity of anyone utilizing the Site, Content or Services or requesting or directing us to provide any other information regarding use of the Site, Content or Services.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Elavon in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections [2] – [20] shall survive the termination of these Terms of Use.  

  1. Entire Agreement.  These Terms of Use (including the Additional Terms, Cookie Policy and Privacy Pledge) constitute the entire agreement between you and Elavon with respect to the Site, Content and Services and supersede all prior understandings, promises, assurances, warranties, representations and agreements (written or oral) relating to this subject matter.  Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.