In these Terms, the words "we", “our” and "us" refer to Wirecard, its affiliates and agents.
1. Ownership of Site
All copyright and other intellectual property rights in this Site (a reference to which in these Terms includes a reference to all services, content, materials or other matter made available by this Site) belong to us or our licensors. You agree not to make any unauthorised use of this Site. No part of this Site may be reproduced or stored on any other website or included in any public or private retrieval system or service without our prior written authority.
2.1. This Site is provided on an “as is” and “as available” basis and you use this Site at your own risk. To the extent permitted by law, we disclaim all representations, conditions and warranties of any kind, express, implied or statutory, in relation to this Site, including without limitation all implied conditions and warranties of satisfactory quality, merchantability, fitness for a particular purpose and non- infringement.
2.2. We make no representations or warranties that this Site is or will be complete, accurate, reliable, timely, secure, available or will perform in an uninterrupted manner, or be free from viruses, Trojan horses, worms, software bombs or any other malware or free from error or defects of any kind, or be compatible with your equipment or that the use of this Site will not harm any data or equipment.
2.3. To the extent permitted by law, we shall not be liable for any loss or damage of any kind, including indirect, incidental, consequential, special, exemplary or punitive loss or damage or for any lost profits or lost savings, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, even if we have been advised of the possibility of such loss or damage.
2.4. Nothing in these Terms is to be interpreted as an attempt to limit or exclude our liability for personal injury or death resulting from our negligence or liability which cannot be limited or excluded under the applicable law.
3. Links to third party resources
This Site may carry advertisements and links to other websites owned and/or operated by third parties. We do not, whether expressly or by implication, endorse the services of any advertiser or externally linked website. We do not warrant the security, quality or propriety of websites to which there are links on this Site. We accept no liability in any way for any loss or damage suffered by you in relation to your use of other websites. Such other websites are subject to separate terms and conditions which you should read and accept before you use those websites.
5. User accounts and passwords
5.1. You may require a password protected user account to gain access to this Site or any part thereof.
5.2. If you are assigned any user IDs and passwords to access this Site or any part thereof, you shall be solely responsible for maintaining the confidentiality of such user IDs and passwords and for the proper use of your user account. We are entitled to treat all activities under your user account as having been carried out with your knowledge and authority.
5.3. In applying for and/or using your user account, you represent and warrant to us that:
5.3.1. Where you are not an individual, the person who transacts on this Site in your name and on your behalf is authorised to do so and to bind you to these Terms.
5.3.2. You have the right, power and authority to use and transact on this Site and to fully perform all your obligations under these Terms.
5.3.3. All information and documents you provide to us are true, accurate, current and complete and you have not willfully suppressed any material fact and you will promptly notify us of any changes or corrections required to be made to such information or documentation.
5.3.4. You shall promptly provide us with such information, documents and other materials as we may require from time to time in connection with your use of this Site and any application, request or claim you have submitted by means of this Site.
5.4. We reserve the right, exercisable forthwith without prior notice, to limit, suspend or deactivate your user account or any of your rights as a user account holder if you violate any of these Terms or any other contract we have with you or, if in our opinion, there are security reasons for doing so.
You agree to indemnify, defend and hold harmless Wirecard, its officers, employees, agents and suppliers from and against all claims, losses, expenses., damages and costs (including legal costs) arising out of or in connection with a breach of any warranty or your violation of these Terms.
7. Revisions to these Terms
We reserve the right at any time, in our sole discretion, to make any changes to these Terms. Any changes will be notified to you by publishing the revised Terms on this Site. By continuing to use the Site after such publication you agree to be bound by such changes.
In using this Site to transact with us, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications provided electronically by us shall satisfy any legal requirement that such communications be in writing. We are not responsible for any failure or delay in the electronic transmission of any email or any information or documentation, howsoever arising. You agree that any electronic communications between you and us shall be admissible as evidence of the actual information or documentation transmitted and you shall not dispute the authenticity, integrity or the accuracy of such information, documentation or communications.
These Terms and all disputes arising out of or in connection with these Terms shall be governed by the laws of Singapore without regard to conflicts of law provisions. You hereby consent and submit to the non-exclusive jurisdiction of the courts of Singapore.
These Terms are the entire agreement between you and us concerning your use of this Site. If any provision of these Terms is subsequently held to be invalid or unenforceable by any court or other authority, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provision of these Terms. These Terms shall be binding upon the parties’ authorized successors and assignees. You shall not assign any rights or benefits under these Terms to any third party without our prior written consent. The failure by us to enforce any of these Terms will not be deemed as a waiver of the right to enforce such term or condition. No person who is not a party to these Terms shall have any right under the Contracts (Right of Third Party) Act (Cap.53B) to enforce any of these provisions. In these Terms, the reference to a person includes a reference to any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state (in each case, whether or not having separate legal personality).
11. How to contact us
If you have any questions about these Terms or this Site then please contact us at firstname.lastname@example.org.