By using Persollo and the persollo.com website (Service), a service of Persollo Pty Ltd (ACN: 607 490 611) (Persollo), you are agreeing to be bound to the following terms and conditions (Terms and Conditions).
Persollo reserves the right to update and change these Terms and Conditions at its discretion without notice. Any new features in excess to the current Service shall be subject to these Terms and Conditions.
Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time at: persollo.com/terms.
Violation of any of the terms below may result in immediate termination of your Service account.
• Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
• You must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete the sign-up process.
• You are responsible for maintaining the security of your account and password. Persollo cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation.
• You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account.
• You may not use the Service for any illegal activities. You must not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activities through the Service, you agree to hold Persollo blameless and not liable for any damages or crimes that may occur as a result. You will also have your account immediately shut down, and all data therein deleted.
• You may not use the Service to sell or distribute offensive or illegal content (goods, software, products or material). You agree Persollo holds the right to determine what is considered "offensive" as pertaining to this agreement. Offensive and illegal content includes: things that are sexually-oriented or pornographic, drugs, gambling, things that promote hate or violence towards others. You will have your account immediately shut down, and all data there-in deleted should you sell or distribute illegal or offensive content.
• You understand that the Service uses a third-party payment processor Stripe (stripe.com) to handle payment transactions, and that all monetary transactions made through your use of the Service are subject to any fees Stripe may charge.
Payment and Refunds Terms
• The Service charges its transaction fee immediately at the point of each transaction. Transaction fees vary depending on the payment plan for which you sign up.
• For accounts that are signed up to a plan that charges a monthly fee, the Service bills on a monthly basis on the first day of each month and that fee is non- refundable. Accounts are not prorated. There will be no refunds or credits or upgrade/downgrade refunds.
• All fees for our Service are inclusive of GST. Cancellation and Termination
• It is your responsibility to ensure that your account has been properly cancelled. An email requesting an account to be cancelled is not considered a cancellation. You can cancel your account at any time from the "Account" section within the Service.
• All of your Content will be immediately removed from the Service should you initiate cancellation. This information cannot be recovered once your account is cancelled.
• Your cancellation will be effective immediately once initiated. You will not be charged again from that point forward.
• Persollo has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Persollo, in its sole discretion, reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
• Persollo reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently.
• Persollo reserves the right to change the prices of any and all Services upon 30 days’ notice. If you do not agree to the price change you must cancel your account in order to avoid future charges. If you use the Services after a price increase you will be deemed to have accepted the price change.
• Persollo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
• You retain your rights to any content you submit, post or display on or through the Service. Persollo claims no ownership to any content you post to the Service.
Limitation of Liability
• To the fullest extent permitted by law, Persollo excludes all terms, conditions, warranties, and guarantees which might be implied into these terms and conditions.
• Persollo’s liability to you in respect of any claim made by you arising out of or in connection to the Service is limited, at the option of Persollo, to the provision of the Service again or paying to provide the Service again.
• You expressly understand and agree that Persollo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Persollo has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Applicable Law and Jurisdiction
• These terms and conditions are governed by and construed in accordance with the laws applicable in New South Wales, Australia.
• You and Persollo agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
• Your use of the Service is at your own risk. The service is provided on an "as-is" and "as-available" basis.
• Technical support is available to account holders and is available via email (email@example.com) or via our twitter account (@persollo).
• You acknowledge and understand that Persollo uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Persollo.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Persollo employee, member, or officer will result in immediate account termination and potential criminal charges.
• Persollo does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
• You expressly understand and agree that Persollo shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by the third-party payment platform the Service uses: Stripe (stripe.com). You agree Persollo shall not be liable for any issues regarding financial and monetary transactions between you and any other party.
• The failure of Persollo to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and Persollo and supersedes any prior agreements between you and Persollo including prior iterations of the Terms and Conditions.
• Part or all of any provision of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining provisions of this agreement will continue in force.
• Additionally, by registering your account, you also agree to the Stripe Connected Account Agreement.
All transactions marked as “AUD” are processed in Australian dollars (AUD).
All transactions marked as “USD” are processed in American dollars (USD).
All transactions marked as “CAD” are processed in Canadian dollars (CAD).
All transactions marked as “GBP” are processed in British pounds (GBP).
All transactions marked as “DKK” are processed in Danish krones (DKK).
All transactions marked as “NOK” are processed in Norwegian krones (NOK).
All transactions marked as “SEK” are processed in Swedish krones (SEK).
All transactions marked as “JPY” are processed in Canadian dollars (CAD).
All transactions marked as “SGD” are processed in Singaporean dollars (SGD).
All transactions marked as “EUR” are processed in Euro (EUR).
All transactions marked as “NZD” are processed in New Zealand dollars (NZD).
Stripe Connected Account Agreement
This Stripe Connected Account Agreement is a legal agreement (“Connected Account Agreement”) between you, the person or legal entity (including sole proprietors) that you identified to Stripe on the registration page or provided to a Connect Platform (“Connected Account” or “you”) and Stripe (“Stripe”). Your use of the Stripe Service is subject to your acceptance of the terms and conditions of this Connected Account Agreement. Your continued use of the Stripe Service represents your express consent to the terms and conditions contained in this Connected Account Agreement, including the Stripe Terms of Service (“Stripe ToS”), and updates or modifications that may be made occasionally by Stripe. The Stripe ToS may also incorporate separate agreements with financial services providers (each a “Financial Services Provider”).
This Connected Account Agreement governs your use of Stripe Connect and management of your Connected Account by Connect Platforms. This management includes use and administration of data about you or your transactions provided to Stripe (“Data”) and initiating Activity. As used in this Connected Account Agreement, any action submitted using the Stripe Connect API on behalf of a Connected Account is referred to as “Activity,” which includes initiating charges or Refunds, handling Chargebacks or disputes, and other functions available through Stripe Connect.
You represent to Stripe that all of the information that you provide to us directly or through the Connect Platform is accurate and complete, and that you are authorized to agree to this Connected Account Agreement on behalf of the Connected Account. You agree to the terms and conditions provided in this Connected Account Agreement and to the Stripe ToS, and understand that your use of the Stripe Service and Stripe Connect are subject to your acceptance of these terms and conditions.
1. Relationship to Other Agreements
By using Stripe Connect, including the Stripe Service, you expressly agree to abide by the terms and conditions of this Connected Account Agreement, the Stripe ToS, and to any updates or modifications to either of those documents that may occasionally be made by Stripe. The Stripe ToS is incorporated into this Connected Account Agreement by reference as it relates to your use of the Stripe Service. This Connected Account Agreement contains additional terms and conditions relating to your use of the features of Stripe Connect made available to Connected Accounts. To the extent that there is a conflict between the Stripe ToS and this Connected Account Agreement related to your use of Stripe Connect, this Connected Account Agreement will prevail. Nothing in this Connected Account Agreement alters the terms and conditions of agreements between you and Financial Services Providers. Any capitalized terms that are used but not defined in this Connected Account Agreement are defined in the Stripe ToS.
2. Stripe Connect – Your Connected Account
Stripe Connect allows Connect Platforms to help you integrate Stripe Services into your site or application, and manage your Connected Account. When you sell your goods or services, or receive bona fide charitable donations through a Connect Platform that uses the Stripe Service, the Connect Platform may agree to perform obligations on your behalf, such as web development or hosting services, customer service, processing of refunds, handling consumer complaints, or other Activity. The specific things that a Connect Platform is agreeing to do for you, if any, are determined by your agreement with that Connect Platform. Stripe is not a Connect Platform, and only provides the Stripe Services described in this Connected Account Agreement and the Stripe ToS.
3. Your Obligations
You agree to comply with all applicable laws or regulations, payment network rules (including the Network Rules), agreements with third parties that are binding on you, and this Connected Account Agreement (including the Stripe ToS) when using Stripe Services. You are solely responsible for, and Stripe disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of Stripe Services, and any obligations you may owe to your customers or users. While you may agree to share some liability with the Connect Platform, you are financially liable to Stripe for Chargebacks, Refunds, and any fines that arise from your use of the Stripe Services. These obligations are described in more detail in Section C of the Stripe ToS.
Depending on the Connect Platform, you may have access to directly manage your Connected Account through the Stripe dashboard. If such access is made available to you, you are responsible for all actions taken on your Connected Account through the Stripe dashboard, including the initiation of Refunds or changing of depository bank information. Alternatively, the Connect Platform may manage your account on your behalf.
4. Relationship to Connect Platforms
As part of your use of Stripe Connect, you understand and agree that Stripe and the Connect Platform will share some Data about you and Activity on your Connected Account. This may include information you provide to create your Connected Account to Stripe or the Connect Platform, or information about transactions submitted by your customers to Stripe. Connect Platforms will never have access to full credit card information provided by your customers. You understand and agree that Connect Platforms and Stripe can share such Data to provide services to you.
You designate the Connect Platform as your agent for the limited purpose of processing or accepting payments on your behalf (as a merchant payee) pursuant to a preexisting contract between you and the Connect Platform. You understand and agree that the Connect Platform may provide instructions regarding the delivery of funds to you for the sale of goods or services, or receipt of bona fide charitable donations.
The pricing for your use of Stripe Services with a Connect Platform will depend on your agreement with the Connect Platform. Pricing from the Connect Platform may include fees for your use of the Connect Platform’s services that are separate from fees owed for Stripe Services. Stripe will receive fees for your use of the Stripe Services. The fees for the Stripe Services will not exceed the amounts posted on our web site. In addition, the Connect Platform may charge you fees for the services it provides you. You agree that Stripe will have the right to deduct both Stripe’s fees for Stripe Services and the Connect Platform fees specified to us by the Connect Platform. Stripe does not control and is not responsible for Connect Platform fees charged to you, which are based on your agreement with and use of the Connect Platform. All fees charged to you should be made clear to you in your agreement with each Connect Platform.
5. Limitations on Stripe’s Liability
Stripe is not responsible for the acts or omissions of any Connect Platform in providing services to you or your customers, nor is Stripe responsible for your obligations to your customers (including but not limited to properly describing the nature of or delivering the goods or services being sold to your customers). You are solely responsible for, and Stripe expressly disclaims all liability for, your complying applicable laws and obligations related to your provision the goods or services to your customers, or receipt of bona fide charitable donations. This may include providing customer service, notification and handling refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Stripe Services. You agree to indemnify Stripe for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.
6. Other General Legal Terms
a. Term, Termination, and the Effects of Termination: The term of this Connected Account Agreement will begin when you register your Connected Account with a Connect Platform and will end when terminated by you or by Stripe, as described in this Connected Account Agreement. You may terminate this Connected Account Agreement at any time by providing notice to Stripe and immediately ceasing your use of Stripe Connect. However, if you commence using Stripe Connect again, you are consenting to this Connected Account Agreement. Stripe may terminate this Connected Account Agreement (a) where you are in breach of this Connected Account Agreement and fail to cure the breach upon 30 days’ notice by Stripe (such notice only being required if curing the breach is feasible); (b) upon 120 days’ notice for any reason; (c) where the Connected Account is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding; or (d) where required to do so by demand of Financial Services Providers, the Card Networks, or under court or legal order.
Section 5 and all provisions giving rise to continuing obligations will survive termination of this Connected Account Agreement. As stated above, the Stripe ToS governs your use of Stripe Services, so the termination of this Connected Account Agreement will not immediately trigger termination of the Stripe ToS. All obligations in the Stripe ToS will only be terminated when done so under the terms and conditions of the Stripe ToS.
b. Governing Law, Disputes, and Interpretation: The provisions of the applicable Stripe ToS governing applicable law (jurisdiction), location of suits and disputes (venue), and any method for dispute resolution are incorporated into this Connected Account Agreement by reference. Headings are included for convenience only, and should not be considered in interpreting this Connected Account Agreement. This Connected Account Agreement does not limit any rights of enforcement that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this Connected Account Agreement does not constitute a waiver of such right or provision. No waiver of any term of this Connected Account Agreement will be deemed a further or continuing waiver of such term or any other term.
c. Right to Amend: Stripe may amend this Connected Account Agreement upon notice to you, which may be provided through email, the Stripe dashboard, or Stripe’s web site. You agree that any changes to this Connected Account Agreement will be binding on you within 7 days of such notice. If you elect to not accept the changes to this Connected Account Agreement, you must (a) provide notice to Stripe and (b) immediately cease using Stripe Connect. Where no such notice is provided or where you continue to use Stripe Connect, you agree that you are consenting to any such changes to the Connected Account Agreement.
d. Assignment: You may not assign or attempt to assign this Connected Account Agreement without the express consent of Stripe in advance. While we will generally consent to such an assignment where we consider it reasonable, we are not required to and will deny requests where such an assignment would violate this Connected Account Agreement (such as assignment to a prohibited business) or would pose a material risk to Stripe or our partners.
e. Entire Agreement: This Connected Account Agreement constitutes the entire agreement between you and Stripe with respect to Stripe Connect. Except where expressly stated in a separate agreement duly executed by Stripe, if there is any conflict between this Connected Account Agreement and any other Stripe agreement related to Stripe Connect, this Connected Account Agreement will prevail. Keep in mind, however, that with regard to your use of the Stripe Services for your own purposes (i.e. to receive payment for products or services you provide), the Stripe ToS will prevail. These terms and conditions describe the entire liability of you and Stripe, and set forth your exclusive remedies with respect to Stripe Connect. If any provision of this Connected Account Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it should be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.