Terms of Service
Equitotal Ltd., owns and operates the websites located at:
(“website”), and any subdomains used in connection with or related to the same, and the mobile applications (the “app”).These terms of service apply to all users of the website, including users who upload any materials to the website, users who use services provided through this website, users who download the app and users who simply view the content on or available through this website.
You must be at least eighteen (18) years old to use the website and app. by using this website and/or the app you indicate your acceptance of these terms of service. if you do not accept these terms of service, then do not use the app or this website or any of their content or services. these terms of service may be amended or updated by Equitotal Ltd from time to time without notice and the terms of service may have changed since your last visit to this website.
It is your responsibility to review these terms of service for any changes. Your use after any amendments or updates of these terms of service shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms of service, unless stated otherwise. You should visit this page periodically to review these terms of service.
If you are accepting these terms of service on behalf of a company, corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these terms of service on behalf such company, corporation or entity and to bind such company, corporation or entity to these terms of service.
- The Service.The (“Service”) means the web based services that Equitotal Ltd makes available through the app or directly through the website. Our Service is provided to business customers who have registered for an account with us (“Account Owners”). Account Owners are individual, company, corporation or business entity. Each Account Owner has a default (“Primary User”) responsible for managing the account.
- Fees, Payments, Refunds, Upgrading and Downgrading. Information on the current fees for users who are registered for the Services can be found in the Subscription section of Your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://equitotal.com/pricing/ From time to time, we may offer a free trial of the Service, in our sole discretion. A valid credit card or registering with GoCardless is required for paying accounts. If you sign up for a monthly paid account, and you don’t cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e. up to and including the last day of your free trial), your access to the Services will terminate, and your credit card / GoCardless will not be charged. The Service is billed in advance on a monthly basis and is non-refundable. If you sign up for an annual paid account, we will bill you for the entire year on the date that you sign up for this account. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of features, of your account. Equitotal does not accept any liability for such loss. If you cancel the Service before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and your account will be suspended unless you have elected to delete it. You will not be charged for the next month but you will be able to access your suspended account with view only privilege. Your suspended account will be deleted from our servers, after 6 months from date of suspension. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 14 days’ notice from us. Such notice may be provided by email or through an in-App notification.
- Payment Services Features. If you register for third party payment service providers depending upon your country, they will be able to process credit card or ACH / Direct Debit payments through your account with them, process payment refunds, and allow your end users to process payment via email. The third party payment service providers will also store and manage end user credit cards, permit you to view transactions, deliver automated receipts, receive notification of payment disputes.
- Accuracy of Information. As between You and Equitotal Ltd, you are responsible for all the information you provide in connection with registering for, and using the third party payment service provider’s features of the Services. You hereby represent and warrant that you are providing true, accurate, and complete information to third party payment providers, and shall fully indemnify Equitotal Ltd for any losses, costs, expenses incurred by Equitotal Ltd or any third party arising as a result of your failure to provide accurate, timely and complete information.
- No Liability for Third Party Services. The third party payment service providers Agreement is between the third party payment service providers and You, and Equitotal Ltd shall not have any liability or responsibility for any breach of the third party payment service providers Agreement, or any losses, damages, expenses costs or other injuries incurred by You in connection with such agreement.
- User Authorization. If you subscribe to Payments by third party payment service providers, You hereby authorize the third party payment service providers and Equitotal to collect certain payment information and data (including account and transaction data, and certain personal information about your end users), and to store, use and process such information data for the purposes of providing the Payments service.
- User Covenants. You hereby covenant, represent and warrant that you will not use the third party payment service provider’s Payments service for any illegal, deceptive or fraudulent activity, including for any illegal businesses, including, without limitation, the third party payment provider’s Prohibited Business list as applicable. Equitotal Ltd and the third party payment service providers hereby reserves the right, in its sole discretion, at any time, to suspend or terminate Your account if We have a good faith reason to believe You or any end user has engaged in any fraudulent or illegal activities, or are engaging in prohibited business activity, and to provide any relevant information to the applicable authorities in connection with any investigation of the same.
- Payment Disputes. As between You and Your end users, all payment disputes between You and Your end users arising in connection with Your use of third party payment provider are between You and such end users and not you and Equitotal Ltd or Equitotal Ltd and your end users. Equitotal Ltd shall not be liable or responsible in any way for any payment dispute between you and any third party that uses the third party payment provider’s Payments feature to process payments via your subscription for the Service. You hereby agree to indemnify, defend and hold Equitotal Ltd harmless for any costs, damages, claims, losses, expenses, liabilities incurred by Equitotal Ltd in connection with any payment dispute arising between You and any end user or other third party.Payments. Payment service is provided by (“third party payment service providers”), GoCardless and Stripe. You are required to agree to the terms of third party payment service providers at the time of setting up your account with them to collect payments from your customers. Any personal information that you provide to third party payment service providers about you or your customers will be treated in accordance with the terms of their respective privacy policies. Equitotal Ltd and third party payment service providers reserve the right to collect certain additional information from Account Owners and their customers in order to provide this service. third party payment service providers payment fees are set forth at *GC fees link* & *Stripe fees link*. Third party payment service providers reserve the right to revise their Fees as per their terms & conditions. Equitotal Ltd reserves the right to add, change third party payment service providers from time to time with a 14 days notice period to Account Owners
- Equitotal Ltd Limitation of Liability. Because the Payments feature is provided and hosted by a third party payment service provider, we are not responsible for, and expressly disclaim all direct and indirect, incidental, consequential, punitive, exemplary, special or other damages in connection with (i) any technical issues, errors, unavailability or failures, losses, damages, loss of data, lost profits or other losses or claims originating from or arising in connection with the third party payment service provider’s Platform; (ii) any unauthorized access, hacking, tampering with or to your account or third party payment service provider’s by third parties; or (iii) any software, bugs, viruses, Trojan horses, or other harmful and malicious code that may be transmitted via the third party payment service provider’s platform. In certain circumstances detailed in the third party payment service provider’s Services Agreement, the third party payment service providers may withhold or delay processing transfers and transactions and Equitotal Ltd shall not be responsible in any way for any such action taken by the third party payment service providers.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Equitotal Ltd, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Equitotal Ltd does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Equitotal Ltd be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
- Restrictions on User Content and Use of the Service. Equitotal reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.In using the Website, App and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
- modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the App or any software provided as part of the Service or to falsely imply that another website is associated with the Service except to the extent the foregoing restrictions are expressly permitted by applicable law.You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Equitotal Ltd) of other Equitotal customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
8. End User License. Except for User Content, the App, this Website, and the information and materials contained therein, are the property of Equitotal Ltd and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Equitotal Ltd grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms of Service gives you a right to use the names, trademarks, logos, domain names, and other distinctive brand features owned and operated by Equitotal Ltd without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.
9. Feedback. If You provide Equitotal Ltd with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service (“Feedback“), Equitotal Ltd may use such Feedback in the Website, App, Service and/or in any other Equitotal Ltd’s products or services. Accordingly, you agree that: (a) Equitotal Ltd is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Equitotal Ltd, (c) Equitotal Ltd including all of its successors may freely use, reproduce, publicise, license, distribute, and otherwise commercialise Feedback in any Equitotal Ltd Services and Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.
10. Advertising. You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Equitotal Ltd shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
11. Links & Third-Party Websites and Integrations. The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Equitotal Ltd or may make it possible for you to elect to use third party services with the Service where such third party service providers have integrated with the Service (“Third Party Integration Partners”). In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Equitotal Ltd of that third party, third party product or service. Equitotal Ltd is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third parties including Third Party Integration Partners. In order to receive access to a Third Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required to pay a fee to Equitotal Ltd or the Third Party Integration Partners as the case maybe, to turn on the third party service. Any third-party websites or services (including those offered by Third Party Integration Partners) are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Equitotal Ltd endorses or accepts any responsibility for the content or use of such websites, and You hereby release Equitotal Ltd from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.While Equitotal Ltd does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 6 of these Terms of Service. Equitotal Ltd reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
12. Disclaimer of representations, warranties and conditions. The website, service, app and all materials provided therein are provided “as is” and Equitotal Ltd does not warrant that the services will meet your specific requirements, that the service will be uninterrupted, timely, secure or error-free, that results obtained from use of the service will be accurate or reliable or that any errors in the service will be corrected. In addition, Equitotal Ltd specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Equitotal Ltd does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and Equitotal Ltd shall not be a party to any transaction that you may enter into with any such third party. Equitotal Ltd will not be liable for any type of content exchanged by means of the service.
13. Limitation of liability. Under no circumstances shall Equitotal Ltd be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this website, app or the service, (ii)
the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website or app, or (v) any errors or omissions in any material on the website or any other loss or
damage of any kind arising from or relating to your use of the website. These limitations shall apply even if Equitotal Ltd has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Equitotal Ltd’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Forty British Pounds (GBP 40) or (b) amounts you’ve paid Equitotal Ltd in the prior 6 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
14. Indemnification. You shall indemnify and hold Equitotal Ltd and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable lawyer fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of service, the rights of any third party, or any applicable law or regulation.
15. Termination. You are solely responsible for properly cancelling your account. You can cancel your account at any time, yourself through your account using a web browser on your desktop/ mobile device or by emailing us at firstname.lastname@example.org or calling us and notifying us of your desire to cancel your account. However, please see Section 2 & 3 above for details that the effect of cancellation has on your payment obligations. Equitotal Ltd may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to,(a) breaches or violations of these Terms of Service or any other agreement that You may have with Equitotal Ltd (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Equitotal Ltd), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities; or (g) verbal, physical, written or other abuse (including threats of abuse or retribution) of any Equitotal Ltd customer, employee, member or officer will result in immediate termination of Your account. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by Equitotal Ltd in its sole discretion and that Equitotal Ltd shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by Equitotal Ltd shall be in addition to any and all other rights and remedies that Equitotal Ltd may have.
16. Availability & Updates. Equitotal Ltd may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, but will endeavor to provide notice of the same. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Equitotal Ltd may periodically add or update the information and materials on this Website without notice.
17. Security. Information sent or received over the Internet is generally unsecure and Equitotal Ltd cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur for example by selecting specific paid features or services. Log-ins are intended for one user only and are not to be shared by multiple users. Equitotal Ltd will not be liable for any loss or damage arising from your failure to comply with these requirements.
18. Confidentiality. “Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Services, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information and any other non-public content posted, transmitted or accessed through the Services. A Receiving Party shall(i) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees and agents that require such access and use in connection with the Services; (ii) not disclose Disclosing Party’s Confidential Information to third parties, unless authorized under this Section of the Terms; (iii) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv)independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order In the event that Equitotal Ltd receives a request or order to release your Confidential Information, we will notify You promptly (to the extent permitted by law), so that You may seek a protective order to prevent the disclosure of your Confidential Information.
If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: email@example.com