Please read these Terms and Conditions (“terms”) carefully before using the Website www.nexopay.es which is operated by Arrow Holding Oy (“us”, ‘we”, “our”).
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Arrow Holding Oy, doing business (“NEXOPAY.ES”), “we”, “us”, or “our”), concerning your access to and use of the: www.nexopay.es website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
BY USING THE PAGES OF THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. ARROW HOLDING OY (“NEXOPAY.ES”) MAY UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME AND YOU AGREE TO THE TERMS OF USE THAT ARE POSTED AT THE TIME YOU ARE USING THIS WEBSITE. YOU SHOULD PERIODICALLY CHECK THESE TERMS OF USE FOR UPDATES OR REVISIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE POSTED AT THE TIME YOU INTEND TO ACCESS OR USE THIS WEBSITE, DO NOT ACCESSS OR USE THIS WEBSITE OR ANY PAGES THEREOF.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
“Company” means Arrow Holding Oy trading as www.nexopay.eswhich is a company incorporated under the laws of Finland, with registration number Nr: FI3358837-3 . With its Registered offices at Antinkatu 3 D, 00100 Helsinki, Finland .
“NEXOPAY.ES” means the brand name of the Company.
“Website” means the website titled www.nexopay.es as well as any other sub-domains which belong to, and are operated by, the Company.
“Customer” means a person making use of the Website, and/or the Company’s products & services via the Website, and/or who effects Transactions via the Company’s Payment Channels for his/her benefit or for the benefit of a Merchant.
“Links” means any sites linked to other websites which are contained in the Company’s Website.
“Merchant” means a natural or legal person who been accepted as Customer and has contracted with the Company to use the Company’s Payment Channels to conduct Transactions.
“Payment Channels” means any form of payment instrument(s) or payment method(s) whether it is physical, virtual, online, electronic, internet based or any other payment method provided by the Company (either directly via the Company itself or via third party providers) from time to time.
“Transaction(s)” means any type of payment order executed for the purchase/sale of goods or the provision of services. It should be noted that the Company simply processes the Transaction though secure Payment Channels. The Company facilitates the execution of the Transaction(s) and process them as quickly as practicable possible.
“Terms and Conditions” means these terms and conditions in relation to the Website visit, navigation and/or usage, as may be amended, modified, updated or replaced from time to time by the Company.
“User” means any person having access to the Website and the sub-domains of the Company and it includes the visitor(s), the Customer(s) and any other persons who access and/or use the Website.
In these Terms and Conditions, references to persons shall include legal entities (unless otherwise specified therein); and references to the singular shall include the plural and vice versa; and references to any gender shall include all genders.
These Terms and Conditions govern the business relationship between the Company and the User, regarding the visit, navigation, the use of and the access of the Company’s Website and/or the services and products offered through our Website (if applicable).
Your access to and use of this Website is conditioned on the acceptance of, and compliance with, these Terms and Conditions. These terms apply to all Users.
By entering, accessing, browsing, navigating and/or using this Website, you certify that you have carefully read, understood and agree to be bound by these Terms and Conditions as well as the notices contained herein and to comply with all the applicable laws and regulations.
Furthermore, this Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
If you disagree with any part of the terms or do not want to be bound by these Terms and Conditions, then you may not access this Website and you are advised to leave the Website immediately.
NEXOPAY.ES only grants use and access of this Website, its products, and its services to those who have accepted its terms.
Where this Website is accessed from outside the of Finland and European Union, the User is responsible for complying with all the local laws and regulations.
These Terms and Conditions refer to additional terms which also apply to the User’s use of this Website being (a) our Privacy Policy and (b) our Cookies Policy. We therefore, strongly advise you to read both policies before using or continuing to use our Website.
The Company may request from you some personal information (such as name, surname, contact details etc.) through this Website. In doing so, the Company is committed to the protection, in the highest degree possible, of the User’s personal data and undertakes to lawfully process these data in accordance with, and pursuant to, the applicable laws in the Finland for Data Protection and within the European Union adhere to the General Data Protection Regulation (EU) 2016/679 (known as GDPR) as amended from time to time.
Any personal information you provide us will be treated as strictly confidential and shared only within the Company and its affiliates, business partners, associates and service providers. The Company undertakes not to disclose your personal data to any third party unless such a disclosure is required by the Law, or under any regulatory and legal proceedings, or if the User provides prior written consent.
We strongly advise you to read our Privacy Policy which contains detailed information about how we collect, use, process and disclose your personal data as well as to understand your rights in respect to it. It will help you better understand our practices.
You must be at least 18 (eighteen) years of age before you can use this Website. By using this Website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. NEXOPAY.ES assumes no responsibility for liabilities related to age misrepresentation.
Unless stated otherwise, you agree that all the content, information, data, images, text, graphics, design, materials, products, and services provided on this Website, including all logos, copyrights, trade secrets, trademarks, patents, and any other intellectual property that appears on this Website, belongs to and is the property of Arrow Holding Oy, and/or its subsidiaries, sister companies, affiliates, directors, officers, employees, agents, suppliers, licensors or business partners. All rights are reserved.
You agree that you will not copy, download, duplicate, transfer, transmit, store, modify, reuse, license, publish or republish, post or repost, produce or reproduce, distribute or redistribute the Company’s intellectual property in any way, including electronic, digital, or new trademark registrations, without the prior written consent of the Company.
Your access and/or usage of this Website should not be construed as granting, by implication or otherwise, any license or right to use any trademarks or intellectual property appearing on the Website.
As a User of this Website, you may be asked to register with us and provide private personal information and data such as: name, surname, email address, password etc. You are solely responsible for ensuring the accuracy of this information, and for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your user account and/or password (including fraudulent user thereof). The Company will not be liable for any damage and/or loss suffered by the User as a result of such acts.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.
“Binding Arbitration”
Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Finland. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Finland.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Any dispute related in any way to your visit and/or usage of this Website shall be subject to the jurisdiction of the courts of the Finland, and you consent to the exclusive jurisdiction and venue of such courts.
Nonetheless, without prejudice to the above paragraph, the Company reserves its rights to bring an action before the Courts of any other country.
By visiting and/or using this Website, you agree that the laws and regulations within Finland, without regard to principles of conflict laws, will govern these Terms and Conditions, or any dispute of any sort that might come between NEXOPAY.ES and you, or its affiliates, business partners and associates.
Arrow Holding Oy “NEXOPAY.ES” and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Finland, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the Finland, or in the EU country in which you reside. These conditions are governed by and interpreted following the laws of the Finland, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence.
In the event that any provisions of these Terms and Conditions are found by any competent authority or court to be invalid, unlawful or unenforceable to any extent, such term or provisions shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
The Company is allowed to assign, transfer or subcontract its rights and/or obligations under these Terms and Conditions without any notification or consent required.
These Terms and Conditions constitute the entire agreement between the Company and the User in relation to the use of this Website, and it supersedes and replaces all prior terms and conditions, agreements and understandings.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The information provided by Arrow Holding Oy trading as “NEXOPAY.ES”, “we,” “us” or “our”) on NEXOPAY.ES.com (the “Site”) and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Site cannot and does not contain financial advice. The financial information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of financial advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We may suspend your access or use of the Website immediately, with or without notice to you, and without any liability, if we determine that your access or use of the Website presents a threat or security risk. The suspension could be temporary or indefinite depending on the nature of the threat.
The Website may contain Links to other third-party websites. These Links are not under the ownership and/or control of the Company and thus the Company is not responsible for the completeness, accuracy, lawfulness or reliability, including but limited to, the text, logos, information, content, changes, updates or any other links contained in the third-party site. Moreover, where the Company provides these Links, it does so only as a convenience and because we believe in good faith that such a website contains or may contain information and material which you may find useful. The inclusion of any Links on the Company’s Website does not imply any kind of review, approval or endorsement of the third-party’s website or its contents on our behalf.
Accordingly, the Company or any of its subsidiaries, affiliates, business partners, related companies and employees shall be held responsible for the information and content of the third-party site, or any other website, including any website through which you may have gained access to our Website, or to which you may gain access from our Website. We do not accept any liability in connection with any such websites or third-party links.
The Company will not be held responsible for any delay or failure to comply with our obligations under these Website Terms and Conditions if the delay and/or failure arises from any cause which is beyond our reasonable control, including but not limited to, natural disasters, war, terrorist acts, industrial disputes, strikes, power outage, legislation and regulation from national, foreign and international administrative, civil or judicial authorities. In the case of a force majeure event, the Company will take the actions and measures that are reasonably necessary to limit the negative consequences of such a situation.
You hereby agree to indemnify and hold NEXOPAY.ES and its owners, operators, officers, directors, employees, agents, subsidiaries, affiliates, business partners, related companies harmless, from and against all legal claims and demands that may arise from:
We reserve the right to select our own legal counsel. This indemnification obligation will survive these Terms and Conditions and your use of the Website.
The information provided on this Website is believed to be true, accurate and reliable when posted however, the Company cannot guarantee that the information provided on this Website will be accurate, complete and current at all times. In no event will the Company be liable to the Customer, User or any other persons for any direct, indirect, special or other consequential damage, loss of profits, damage to reputation or any other damage and/or loss sustained of whatsoever nature which results from his/her reliance on information contained on this Website, and/or is related to the use of this Website, and/or use of any other Link on this Website.
The Company may update or change this Website from time to time in order to reflect any changes in the Company’s products, services, business activities or the Users’ needs. Accordingly, as a result of changes taking place, technical errors, operational reasons or maintenance, the Website (or parts of it) could be temporarily unavailable or interrupted. In such a case, we shall try to give you a reasonable notice prior to any changes however, this cannot be guaranteed.
The Company reserves the right at any time to supplement, modify, amend or update these Terms and Conditions at its absolute discretion. The Company shall therefore, post the latest version of these Terms and Conditions its Website and such supplemented, modified or amended terms shall be effective as of that revision date. By continuing to use this Website following any such changes, implies that you agree to be bound by any such revisions. You should therefore periodically visit the Company’s Website to be duly informed as to the Terms and Conditions which currently apply.
In case of breach of these Terms and Conditions by any User, the Company may and will take all necessary actions to protect its rights. Accordingly, the Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
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