PLEASE READ THIS NICKELSOLUTION TERMS OF SERVICE AGREEMENT (“TERMS”)CAREFULLY. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NICKEL TECHNOLOGY, INC., (“Nickel”, “us”, “our”, and “we”). THESE TERMS GOVERNYOUR USE OF THE NICKEL PAYMENT SOLUTIONAND ANY CONTENT, INFORMATION, SERVICES, FEATURES, OR RESOURCES AVAILABLE ORENABLED VIA THE NICKEL SOLUTION (COLLECTIVELY, THE “NICKEL SOLUTION”).
BY CLICKING “I ACCEPT,” OR OTHERWISEACCESSING OR USING THE NICKEL SOLUTION[1] [2] [CW3] ,OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU HAVE READ,UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (ii) YOU ARE AT LEASTEIGHTEEN (18) YEARS OLD; AND (iii) YOU ARE NOT A PERSON OR ENTITY BARRED FROMUSING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCEOR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THATYOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT (ONBEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IFTHE INDIVIDUAL ENTERING INTO THE AGREEMENT OR OTHERWISE ACCESSING OR USING THESERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS AREPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCHENTITY AGREE THAT: (i) THE TERM “YOU”AND “YOUR” AS USED HEREIN APPLY TOSUCH ENTITY AND SUCH INDIVIDUAL; AND (ii) THAT THE INDIVIDUAL ENTERING INTO THEAGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THEAGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THEAGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
If you are an entity that is seeking to use the Nickel Solution tosell products or services to business customers (each, a “Merchant”), these Terms do not apply to you, and insteadthe Nickel Services Agreement or other contract executed between you and Nickel,will apply to your use of Nickel’s products and services made available to you.The Nickel Solution supports business transactions (“Transactions”) between Merchants and their business customers.Nickel does not facilitate payment processing services to consumers, or inrelation to consumer products for personal consumption. We do not offerproducts or services for use by individuals for their personal, family orhousehold purposes
1. THE NICKEL SOLUTION. The Nickel Solutionoffers customers of Merchants (collectively “Merchant Customers”) the ability to authorize the use of your credit card, bank account information, orother method of payment accepted by Merchants (each a “Payment Method”) for purchases made by you from Merchants, to allowMerchants to process a Transaction for products and services made available bythe Merchant (such products and services, “Merchant Offerings”).Payment processing services for Transactions are not provided by Nickel.Rather, payment processing services for each Transaction are provided byPaysafe (https://www.paysafe.com/us-en/) on behalf of Merchant. In connectionwith the payment processing services provided by Paysafe on behalf of theMerchant as its limited authorized agent, you expressly agree that you haveread, understood and hereby accept Paysafe’s privacy policy: https://www.paysafe.com/en/paysafegroup/comprehensive-privacy-policy/.
2. As part of the Nickel Solution, Nickel, on behalf of a Merchant,will deliver to Merchant Customer an acknowledgement of purchase (a “Receipt”) that includes certaininformation including an order number and total fees charged by Merchant forsuch purchase(s). Nickel, on behalf of Merchants, will issue a Receipt by emailto each Merchant Customer after Merchant Customer purchases Merchant Offeringsthrough the Merchant’s website.
When you use the NickelSolution, we will transmit yourPayment Method to the Merchant, or other applicable third parties, to allowthem to process the Transaction on behalf of the Merchant. Your Payment Method information may be represented as atoken to help protect your Payment Method. You expressly agree that theMerchant or other applicable third party can transmit information about theTransaction to the applicable payment network for your Payment Method and thatthe Transaction will be paid for using the Payment Method you have supplied.
3. LICENSE GRANT. Nickel grants to you alimited, revocable, non-exclusive, non-sublicensable and otherwisenon-transferable license to use the Nickel Solution in accordance with theseTerms. Nickel may in its sole discretion suspend, discontinue or terminate thislicense at any time, for any reason. All rights not expressly granted to youare reserved by Nickel and its licensors.
4. NICKEL’S ROLE
4.1 WEARE NOT A BANK, MONEY TRANSMITTER, OR MONEY SERVICES BUSINESS. WHILE THE NICKEL SOLUTION PROVIDES MERCHANT CUSTOMERS THEABILITY TO AUTHORIZE THE USE OF PAYMENT METHODS FOR PURCHASES MADE BY MERCHANTCUSTOMERS WITH MERCHANTS, NICKEL IS NOT A PARTY TO THE TRANSACTION AND THEPAYMENT TO OR FROM A MERCHANT IN CONNECTION WITH YOUR USE OF THE NICKELSOLUTION, INCLUDING THE PURCHASE OR RETURN OF MERCHANT OFFERINGS, IS SOLELYBETWEEN YOU AND THE MERCHANT. The Nickel Solution integrates into applicable Merchants’transaction flow, but any Transaction made via the Nickel Solution is directlybetween you and the Merchant. You, and not Nickel, are responsible for anypurchase of Merchant Offerings via the Nickel Solution. The Merchant is solelyresponsible for the Merchant Offerings that you purchase from them, includingbut not limited to fraud, delivery, refunds, advertising, liability relating tothe Merchant Offerings, or failure to comply with applicable law.
4.2 Nickel does not endorse, and is not responsible for, any (a) financial institution, bank, or otherparty associated with your Payment Method, or other third parties thatfacilitate the payment for a Transaction on behalf of the Merchant (includingwithout limitation, Third-Party Offerings (as defined below)), or that you mayuse in connection with the Nickel Solution; (b) the Merchant Offeringspurchased or Transactions made via the Nickel Solution; (c) honoring orfulfilling Merchant Offerings purchased or Transactions made via the NickelSolution; and (d) any Merchant. Nickel is unable to intervene in any disputebetween you and a Merchant related to any Transactions that are facilitated viathe Nickel Solution. Nickel has no obligation to resolve any disputes betweenyou and the Merchant, another user, or any other third party. You are solelyresponsible for settling any dispute with a Merchant, your Payment Method, orany other third party you engage with via the Nickel Solution. You releaseNickel from any claims, demands, and damages arising out of disputes relatingto your use of the Nickel Solution, including those with other users orparties.
4.3 Nickel disclaims all warranties with respect to the MerchantOfferings or information provided by Merchants, and we are not responsible orliable for: (a) Merchant Offering liability claims; (b) claims that the offeror sale of Merchant Offerings via the Nickel Solution fails to conform to anyapplicable legal or regulatory requirement; (c) claims arising under consumerprotection or similar laws or regulations; (d) any inaccurate, incomplete orout of date information offered by the Merchant; or (e) the acts or omissionsof any third-party platform (including, without limitation, Third-PartyOfferings).
4.4 If you determine that you require a refund or reversal of anyTransaction completed via the Nickel Solution, please contact the Merchant toobtain a refund. Nickel is not responsible or able to resolve any such issuesthat you may have with a Merchant.
5. ELIGIBILITY. The Nickel Solution isonly available to business users who are: (a) residents of the United States ofAmerica (the "PermittedJurisdictions"); (b) at least eighteen (18) years old;(c) able toaccess the Internet on a computer or other device; and (d) the cardholder orauthorized to access and use a Payment Method, and in good standing withrespect to such accounts.
Access to the NickelSolution from any location where it is illegal or otherwise restricted isprohibited. If your jurisdiction of residence changes, you may be required tocease access to the Nickel Solution. If your new location is not a PermittedJurisdiction, you may access the Nickel Solution if and when it becomesavailable in your new place of residence.
6. THIRD-PARTY PROVIDERS
6.1 Nickel may facilitate Merchant Customer’s access to services thatare provided directly by certain third parties (such services, a “Third-PartyOffering”).
6.2 Without limiting the foregoing, the Nickel Solution may containlinks to third-party websites, services, and applications (collectively, “Third-Party Materials”). SuchThird-Party Materials are not under the control of Nickel, and Nickel is notresponsible for any Third-Party Materials. You acknowledge that we have nocontrol over, and do not necessarily agree with the views, opinions or contentsof any such Third-Party Materials, which are made available by companies orpersons other than Nickel. You acknowledge and agree that Nickel cannotcontrol, and is not responsible for, the accuracy, functionality, oravailability of any such Third-Party Materials. You further acknowledge that weare not liable to you for any loss or damage you incur as a result of thesethird parties including Third-Party Materials, including losses or damagessuffered in connection with Transactions made via the Nickel Solution. Nickelprovides access to these Third-Party Materials only as a convenience to you,and does not review, approve, monitor, endorse, warrant, or make anyrepresentations with respect to Third-Party Materials. You use all Third-Party Materials at your ownrisk, and should apply a suitable level of caution and discretion in doingso. When you click on any of theThird-Party Materials, the applicable third party’s terms and policies apply,including the third party’s privacy and data gathering practices. You should make whatever investigation youfeel necessary or appropriate before proceeding with any transaction inconnection with such Third-Party Materials.
6.3 These Terms do not amend or otherwise modify any agreement withyour Payment Method provider. In the event of any inconsistency between theseTerms and any agreement with your Payment Method provider, these Terms governas to the relationship between you and Nickel solely with respect to the NickelSolution, and your Payment Method provider Agreement with your Payment Methodprovider governs the relationship between you and your Payment Method provider.You are responsible for ensuring that your use of the Nickel Solution complieswith any agreement you may have with the provider of your Payment Method.
7. PRIVACY. We process your personalinformation as necessary to provide the Nickel Solution to you, as furtherdescribed in our Privacy Policy located at [insert URL]. For more information about how we collect, use,and share your personal information when you use the Nickel Solution, and anydata privacy choices you may have, please review our Privacy Policy.
8. REPRESENTATIONSAND WARRANTIES. By using the Nickel Solution, you represent and warrant that (a)the information you provide via the Nickel Solution is true, accurate, andcomplete, and will not violate any applicable laws, regulations or rights ofthird parties, (b) you will not use the Nickel Solution for any fraudulent,unlawful or abusive purpose, and (c) your use of the Nickel Solution is not inviolation of any obligation imposed on you by any third party or regulatorybody.
9. RESTRICTIONS; ACCEPTABLEUSE POLICY
9.1 By accessing and using the Nickel Solution, you agree that youwill not, and will not permit any third party to: (a) license, sell, rent,lease, transfer, assign, distribute, host, or otherwise commercially exploitthe Nickel Solution, whether in whole or in part, or any content displayed onthe Nickel Solution; (b) frame or utilize framing techniques to enclose anytrademark, logo, or other Nickel content (including images, text, page layoutor form); (c) modify, make derivative works of, disassemble, reverse compile orreverse engineer any part of the Nickel Solution; (d) access or use the NickelSolution in order to build a similar or competitive website, product, orservice; and (e) copy, reproduce, distribute, republish, download, display,post or transmit in any form or by any means any part of the Nickel Solution,except as expressly permitted herein. Unless otherwise indicated, any futurerelease, update, or other addition to the functionality of the Nickel Solutionshall be subject to this Agreement. All copyright and other proprietary noticeson the Nickel Solution (or on any content displayed on the Nickel Solution)must be retained on all copies thereof.
9.2 The following termsconstitute our “Acceptable Use Policy”:You agree not to: (a) upload, transmit, or distribute to or through the NickelSolution any computer viruses, worms, or any software intended to damage oralter a computer system or data; (b)interfere with, disrupt, or create an undue burden on servers or networksconnected to the Nickel Solution, or violate the regulations, policies orprocedures of such networks; (c) attemptto gain unauthorized access to the Nickel Solution (or to other computersystems or networks connected to or used together with the Nickel Solution),whether through password mining or any other means; (d) interfere with any other user’s use andenjoyment of the Nickel Solution; or (e)use software or automated agents or scripts to produce multiple accounts on theNickel Solution, or to generate automated searches, requests, or queries to (orto strip, scrape, or mine data from) the Nickel Solution (provided, however,that we conditionally grant to the operators of public search engines revocablepermission to use spiders to copy materials from the Nickel Solution for thesole purpose of and solely to the extent necessary for creating publiclyavailable searchable indices of the materials, but not caches or archives of suchmaterials, subject to the parameters set forth in our robots.txt file).
10. ENFORCEMENT. We reserve the right (but have no obligation)to investigate and/or take appropriate action against you in our solediscretion if you violate Section 8 or any other provision of these Terms orotherwise create liability for us or any other person. Such action may include reporting you to lawenforcement authorities.
11. FEES. Many of our services arecurrently provided free of charge to Merchant Customers, however Nickel retainsthe right to implement a fee structure for any of our services, includingwithout limitation, access to and use of the Nickel Solution, in the future. Nickel will provide notice if it begins tocharge fees for any of these services. You are solely responsible for acquiringany hardware, device, software, wireless and Internet access, and other itemsrequired for you to use or access the Nickel Solution, and any associated fees,expenses or other charges.
12. FEEDBACK. If you provide Nickel with any feedback orsuggestions regarding the Nickel Solution or our other services (“Feedback”), you hereby assign to Nickelall rights in such Feedback and agree that Nickel shall have the right to useand fully exploit such Feedback and related information in any manner it deemsappropriate. Nickel will treat anyFeedback you provide to Nickel as non-confidential and non-proprietary. You agree that you will not submit to Nickelany information or ideas that you consider to be confidential orproprietary.
13. NICKELCOMMUNICATIONS
1.1 Generally. You may have the opportunity to provide uswith your e-mail address. By providingyour email address to us, you consent to receiving email communications fromNickel. Communications from us and ouraffiliated companies may include communications about your use of the NickelSolution (such as to send receipts in connection with your purchase of MerchantOfferings), updates concerning new and existing features on Nickel Solution,and news concerning Nickel and industry developments. You will have the ability to opt out ofreceiving such communications by following the unsubscribe instructions in thecommunication itself. YOU ACKNOWLEDGETHAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITIONOF USING THE NICKEL SOLUTION. CONSENT TOTHESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE NICKEL SOLUTION.
1.2 Text Messages.While Nickelwill not send you SMS or text messages in connection with your use of theNickel Solution, you may receive messages from Merchants or other third-partiesin connection with your purchase of Merchant Offerings (e.g., shippingnotifications, order reminders). Note that message and data rates may apply forany SMS or text messages sent to you from any third party. If you have anyquestions about your text plan or data plan, contact your wireless provider.
14. INDEMNIFICATION. You agree to indemnify and hold Nickel (and its officers,employees, and agents) harmless, including costs and attorneys’ fees, from anyclaim or demand made by and third party due to or arising out of (a) your useof the Nickel Solution, (b) your violation of these Terms; or (c) your violation of applicable laws orregulations. Nickel reserves the right,at your expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate with ourdefense of these claims. You agree notto settle any matter without the prior written consent of Nickel. Nickel will use reasonable efforts to notifyyou of any such claim, action or proceeding upon becoming aware of it.
15. MODIFICATION. Nickel reserves the right, at any time, to modify,suspend, or discontinue the Nickel Solution (in whole or in part) with orwithout notice to you. You agree thatthe Nickel Solution will not be liable to you or to any third party for anymodification, suspension, or discontinuation of the Nickel Solution or any partthereof.
16. DISCLAIMERS
THE NICKEL SOLUTION ISPROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND NOGUARANTEES REGARDING OUTCOMES OR PERFORMANCE. NICKEL (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES ANDCONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALLWARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THATTHE NICKEL SOLUTION WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON ANUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIESWITH RESPECT TO THE NICKEL SOLUTION, ALL SUCH WARRANTIES ARE LIMITED INDURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONSON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TOYOU.
17. LIMITATIONON LIABILITY
TOTHE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NICKEL (OR OURSUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TOTHESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE NICKEL SOLUTION, EVEN IFNICKEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE NICKEL SOLUTION ISAT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTINGTHEREFROM.
TOTHE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATEDTO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS(U.S. $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOTENLARGE THIS LIMIT. YOU AGREE THAT OURSUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESETERMS.
SOME JURISDICTIONS DO NOT ALLOWTHE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. TERMAND TERMINATION. Subject to this Section,these Terms will remain in full force and effect while you use the NickelSolution. We may suspend or terminateyour rights to access or use the Nickel Solution at any time for any reason atour sole discretion, including for any use of the Nickel Solution in violationof these Terms. Upon termination of yourrights under these Terms, your right to access and use the Nickel Solution willterminate immediately. Nickel will nothave any liability whatsoever to you for any suspension or termination of yourrights under these Terms. Even afteryour rights under these Terms are terminated, Sections 2 - 18 of these Termswill remain in effect.
19. DISPUTERESOLUTION. TheseTerms and any action related thereto will be governed and interpreted by andunder the laws of the State of New York without giving effect to any conflictsof laws principles that require the application of the law of a differentjurisdiction. Merchant Customer herebyexpressly consents to the personal jurisdiction and venue in the state andfederal courts for the county in which Nickel’s principal place of business islocated for any lawsuit arising from or related to these Terms. The United Nations Convention on Contractsfor the International Sale of Goods does not apply to these Terms. MerchantCustomer shall always comply with all international and domestic laws,ordinances, regulations, and statutes that are applicable to its use of theNickel Solution.
20. GENERAL
1.3 Changes. These Terms are subject to occasional revision, and if wemake any substantial changes, we may notify you by sending you an e-mail to thelast e-mail address you provided to us (if any), and/or by prominently postingnotice of the changes on our Nickel Solution. You are responsible for providing us with your most current e-mailaddress. In the event that the laste-mail address that you have provided us is not valid, or for any reason is notcapable of delivering to you the notice described above, our dispatch of thee-mail containing such notice will nonetheless constitute effective notice ofthe changes described in the notice. Anychanges to these Terms will be effective upon the earlier of thirty (30)calendar days following our dispatch of an e-mail notice to you (if applicable)or thirty (30) calendar days following our posting of notice of the changes onour Nickel Solution. These changes willbe effective immediately for new users of our Nickel Solution. Continued use of our Nickel Solution followingnotice of such changes shall indicate your acknowledgement of such changes andagreement to be bound by the terms and conditions of such changes.
1.4 Export. The Nickel Solution may be subject to U.S. export control laws and may be subject toexport or import regulations in other countries. You agree not to export, reexport, or transfer,directly or indirectly, any U.S. technical data acquired from Nickel, or any products utilizing suchdata, in violation of the United States export laws or regulations.
1.5 Electronic Communications. The communications between you and Nickel maytake place via electronic means, whether you use the Nickel Solution or sendNickel e-mails, or whether Nickel communicates with you via e-mail. For contractual purposes, you (a) consent toreceive communications from Nickel in an electronic form; and (b) agree thatall terms and conditions, agreements, notices, disclosures, and othercommunications that Nickel provides to you electronically satisfy any legalrequirement that such communications would satisfy if it were to be inwriting. The foregoing does not affectyour statutory rights, including but not limited to the Electronic Signaturesin Global and National Commerce Act at 15 U.S.C. §7001 et seq.
1.6 Entire Agreement. These Terms constitute the entire agreement between youand us regarding use of the Nickel Solution. Our failure to exercise or enforce any right or provision of these Termsshall not operate as a waiver of such right or provision. The section titles in these Terms are forconvenience only and have no legal or contractual effect. The word “including” means “including withoutlimitation.” If any provision of theseTerms is, for any reason, held to be invalid or unenforceable, the otherprovisions of these Terms will be unimpaired and the invalid or unenforceableprovision will be deemed modified so that it is valid and enforceable to themaximum extent permitted by law. TheseTerms, and your rights and obligations herein, may not be assigned,subcontracted, delegated, or otherwise transferred by you without Nickel’sprior written consent, and any attempted assignment, subcontract, delegation,or transfer in violation of the foregoing will be null and void. Nickel may freely assign these Terms. The terms and conditions set forth in theseTerms shall be binding upon assignees.
1.7 Copyright/TrademarkInformation. Copyright © 2023, NickelTechnology, Inc. All rightsreserved. All trademarks, logos andservice marks (“Marks”) displayed onthe Nickel Solution are our property or the property of other thirdparties. You are not permitted to usethese Marks without our prior written consent or the consent of such thirdparty which may own the Marks. Allgoodwill generated from the use of any Nickel Mark will inure to Nickel’sbenefit
1.8 Contact Information:
Nickel Technology, Inc.,
594 Dean Street
Brooklyn, NY 11238
(646) 846-8834
help@getnickel.com
Nickel – How you plan to obtain consent to these terms? Willyou be placing a check-box at checkout? If not we will revise this language. Asdiscussed, obtaining assent via a check-box helps to make these termsenforceable against the users.
We do not plan to to place a check box. Is there a way to dosomething like "By using Nickel to complete a payment, you are implicitlyagreeing to these terms and conditions"? We will be displaying a link tothe Terms and Conditions at the bottom of the checkout page so the buyer has anopportunity to read prior to using NIckel
[CW3]Nickel– You can include a statement that says, “By using the Nickel Solution tocomplete a payment, you agree to the Nickel Solution Terms of Service”. Bytaking this approach (and not including a check-box), you do take on the riskthat this agreement and the terms of this agreement (including protective termslike limits on liability) will not apply to your users since they have notaffirmatively assented. We think about contractual assent on a spectrum ofenforceability – a click box being much more enforceable than a link at thebottom of the site (which is why we highly recommend a check box or othermechanisms to allow users to affirmatively consent to the terms). If you wouldlike to further discuss the risk involved with this approach please let usknow.