1. BACKGROUND
These Web Widget Terms of Service (hereinafter: “WW Terms”) form an integral part of Business Terms and other Policies and shall be read and interpreted in connection therewith. All provisions in the Policies of use apply here, unless otherwise specified differently with these WW Terms.
Web Widget is one of the functionalities offered by SCE pursuant to provision 5 (Business Services) of the Business Terms, consequently the provisions of the Business Terms also apply to the use of Web Widget. These WW Terms set out the terms and conditions for Business who are the holders of a Business Profile and use the Business Services in accordance with the Business Terms.
BY CLICKING ON THE “I AGREE” OR A SIMILAR AFFIRMATION ON THE REGISTRATION PAGE ON THE WEBSITE, OR BY ACKNOWLEDGING ACCEPTANCE OF THE AGREEMENT BY ANY OTHER METHOD ALLOWED, OR BY USING OR ACCESSING OUR SYSTEM AND SERVICES DESCRIBED BELOW VIA WEB OR MOBILE APPLICATION, YOU (ON BEHALF OF YOURSELF AND THE BUSINESS YOU REPRESENT) ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE REVIEWED AND UNDERSTAND THESE WW TERMS; (II) YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT; AND (III) YOUR USE OR USE OF THE ENTITY YOU REPRESENT OF OUR SYSTEM AND SERVICES DESCRIBED BELOW WILL BE GOVERNED BY THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE BUSINESS SERVICES.
2. DEFINITIONS
In these WW Terms, unless otherwise stated below, all capitalized terms shall have the meaning assigned to them in the Business Terms and other Policies, and shall have the meaning assigned to them here throughout this entire document, unless explicitly mentioned otherwise:
“eCredits Web Widget API“ hereinafter “Web Widget” or “API” means as described in provision 3.1. of these WW Terms;
“eCredits Webshop Plug-in” hereinafter “Plug-in” is a component of the Web Widget that the Business can obtain on various eCommerce platforms, as follows from provision 3. of the WW terms.
“Business Applications” Business’ website, applications or other software which the Business has under its control and will use for its own needs in the context of Business activities in connection with the Business Profile;
“Business Services” means any services provided by SCE under the Business Terms and General Terms, including the products and services as described further in section 5. of the Business Terms, and any other service as agreed between the parties from time to time;
“Policy” refers to General Terms, Business Terms, Privacy Policy, eActivity program, terms and conditions of specific services and other applicable policies that have been provided or made available to you, including through publishing on the Website, Web Portal, eCredits Wallet App or other connected ThirdParty apps;
“QR Code” means the unique two-dimensional code generated to identify the amount of transaction, the Crypto Address of the recipient, and/or other information;
“SCE Materials” means any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including the specifications and any integration guides) developed and provided by us or our Partners to you for download from the Website, Web Portal or eCredits Wallet App;
“User Account” means contractual arrangement wherein a User has accepted these Terms of Use and ancillary policies and registered on the Website and/or Apps. Means that User has generated an unique and private key on the eCredits blockchain and established various Crypto Assets (such as ETH or ECS Address). The User Account includes User information, information on Assets balance and account history and other information related to such User’s use of the Services;
“User”, “you” or “your” means all Business and everyone who is using the Web Widget and Business Services under the Business profile for the purposes of these WW Terms;
“Personal-Business Transaction” means a transaction between an User (either Personal or Business) and Business using Assets, whereby User initiates a Transaction in specific amount to Business in exchange for Business Product/Service;
“Web Widget Content” include display SCE’s logos, information available on SCE Websites, advertising for SCE or third-parties, as well as all software files or images incorporated in, or generated by, the Web Widget, and any and all data and embedded code that accompanies the Web Widget, and any upgrades, enhancements or modifications to such software and code.
3. GENERAL
3.1. Web Widget represents a set of tools (such as Plug-in, API connection and web-hook service) that the Business may place on Business’ website, applications or other software (“Business’ Software”), which provide initiations of Personal-Business Transactions by providing a QR Code displayed on Business’ Software to the User with whom the User transacts with the Business in accordance with provision 8. (Personal-Business Transactions) of the Business Terms.
3.2. The Web Widget (will be available in the form of a web shop plugin on various eCommerce platforms (such as WooCommerce, Adobe Commerce and others) or as through API and can be implemented or integrated by the Business on the Business’ Application in accordance with the procedures of each platform, or his own website respectively
3.3. SCE may use data capture, analysis, and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Web Widget. If you object to our use of any of the foregoing tools, you must stop using the Web Widget and remove the Web Widget from your Business’ Application.
4. WW LICENCE
4.1. Subject to the Business’ compliance with these WW Terms, SCE grants the Business a nonexclusive, non-transferable, non-sublicensable, revocable license to use and display the Web Widgets on Business’ Software solely for Business’ own use as permitted by these WW Terms and other SCE’s Policies.
4.2. The Business is not licensed to use the Web Widget (which also applies to the Plug-in as part of the Web Widget) for any other purpose, and, except for the limited license set forth herein, nothing in these WW Terms shall be deemed to grant you any right, title or interest in the Web Widgets.
4.3. The WW license is subject to the following restrictions on use:
a) may not use the Web Widget for purposes other than those contemplated by these WW Terms or other Policies;
b) you may not obscure or disable any element of the Web Widget;
c) Business’ Application title and other trademarks and logos must appear at least as prominent as SCEs trademarks and logos in the Web Widget and be used in accordance with Business Terms;
d) you may not display the Web Widget in any manner that implies with sponsorship, or endorsement by SCE;
e) you may not display the Web Widget on any Business’ (or third party) Application that disparages SCE or its products or services, infringes any SCE or third-party intellectual property or other right, or violates any applicable law, self-regulatory rules, industry rules and governmental regulations;
f) you may not place the Web Widget on Business’ Applications that include content that is offensive,
abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as
determined by SCE in its sole discretion;
g) you must not tamper with the Web Widget in any way that would alter the original SCE settings;
h) you must never use or include the Web Widget or Web Widget content in any advertisements or for purposes of targeting advertisements;
i) you must comply with other warranties and representation in General Terms and Business Terms.
4.4. Subject to the limited license granted to you above, the Web Widget and the Web Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed without SCE’s prior written approval in each instance. You acknowledge and agree that SCE may examine or otherwise monitor Business’ Application for the purpose of confirming compliance with these WW Terms.
4.5. SCE may terminate your use of the Web Widget without cause at its own discretion by a written notice to you. In any event, the right to use the Web Widget shall terminate if the relationship between SCE and Business terminates in accordance with the General Terms and Business Terms. In this case, the Business shall promptly remove the Web Widget from the Business’ Application and cease all further use of the Web Widget.
5. PUBLICITY
5.1. SCE may publicly refer to you, orally or in writing, as a licensee of the Web Widget and may publish your name and/or logo (with or without a link to your Business’ Application) on the SCE Website or service, in press releases, and in promotional materials without your prior consent. Following the termination of your Business Profile and User Account and upon written request from you, SCE will make commercially reasonable efforts to remove all references and links to your Business’ Application from the SCE website or services.
6. NO WARRANTY
6.1. The Web Widgets are provided on an “as is” and “as available” basis. SCE disclaims any warranties, express, implied, or statutory, regarding any Web Widget, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. SCE further disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of the Web Widget. You understand and agree that you use the Web Widget at your own discretion and risk, and that you will be solely responsible for any damages to any computer system or any loss of data or inaccurate data that results from the use of the Web Widgets.
7. LIMITATION OF LIABILITY
7.1. The Web Widget are being provided as an additional service to the Merchant Services without additional fees. Accordingly, you agree that SCE shall have no liability arising from or based on your use of the Web Widgets. This limitation of liability shall apply to direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise, even if SCE has been advised of the possibility of such damages. Some states and other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, SCE’s maximum liability under this agreement shall not, in any event, exceed 50 EUR.
8. INDEMNIFICATION
8.1. You will defend, hold harmless and indemnify SCE and our affiliates, and their employees, shareholders and directors, from any third-party claim or action, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of your obligations herein.
9. BUSINESS’ REPRESENTATIONS AND WARRANTIES
9.1. You represent and warrant to us that:
(a) you have read and agree to these WW Terms, Business Terms, General Terms and other Policies;
(b) you have a valid Business Profile and can perform obligations under these WW Terms on behalf of the company you represent;
(c) you will only use the Web Widget to transact on your own account and not on behalf of any other person or entity;
(d) you and all Transactions initiated by you will comply with all applicable Regulatory Requirements, including any tax laws and regulations;
(e) you will not use the Web Widget, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Business Services;
(f) your use of the Web Widget will be in compliance with these Business Terms and General Terms and other Policies.
10. MODIFICATIONS
10.1. We may modify the terms and conditions of WW Terms or any Policy, or the features of the Business Services at any time. We will notify you of any updated WW Terms by posting it to our Website or otherwise communicated to you.
10.2. Any change to a Policy will be effective upon the earlier of posting to our Website or when otherwise communicated to you. Any other change to these WW Terms will be effective 14 days after the earlier of the date of posting to our Website or of your receipt of our communication regarding the change.
The People’s SCE