Disclaimer
Who are we?
CosmosPay is a product of BitCanna, a Dutch Software-as-a-Service provider utilizing blockchain technology. We are founded by and focused on the global cannabis industry to solve problems existing in the market. We are grateful to have the opportunity to serve as your reliable business partner on financial and other business-related services, with the help of our professional staff to help merchants to achieve their goals for the development and expansion of the international cannabis market.
Legal notice
By using and/or installing the payment plugin and/or our services, you hereby agree with the full applicability of this disclaimer and the terms and conditions contained therein (hereinafter jointly referred to as: the/these Terms) to you and your use of the payment plugin and/or our services. These Terms will remain fully applicable to you, and other users of the payment plugin and/or our services like you, for as long as the payment plugin and/or our services are used by you and/or installed on your website. No other (general) terms and/or conditions will be applicable.
What is the payment plugin?
The payment plugin enables you, and other shop/website owners like you, to allow consumers to pay with (Cosmos SDK-based) cryptocurrencies via our plugin. Our payment plugin is developed to be integrated with e-commerce platforms (WooCommerce and PrestaShop) to work seamlessly and effectively perform payments for shop/website owners. The plugin offers a range of parameters that the shop/website owner can set to fit their needs, like receiving addresses or the coins that the shop/website owner is willing to accept. For a complete description of the plugin, please visit the CosmosPay website (hereinafter referred to as: the Website).
Under or in relation to (the use of) the payment plugin and/or the related services, BitCanna does not (in any way) provide or facilitate payments, payment services, cryptocurrency exchange services and/or any other (related) payment- or exchange services.
Use of the plugin
The plugin will be installed by you on and integrated into your website and made available by you to (your) end consumers over the internet. BitCanna grants you a limited, revocable, non-exclusive, non-transferable, worldwide right to use the plugin solely for your own internal business purposes and subject to these Terms.
Usage of the payment plugin is advised to be done via the guide as shown on the Website. BitCanna recommends you to use automated methods for adding receiving addresses or applying updates as much as possible to avoid the risk of errors and mistakes. Furthermore, it is always advised to double-check the contents of any field in the settings of the payment plugin.
Necessary settings of the payment plugin are secured via an administrator password; this is a password set and managed by you as user. BitCanna does not and will not have access to this password or any plugin settings. It is your own risk and responsibility to securely save, maintain and access the password.
You hereby agree and warrant to BitCanna that you will use the payment plugin and related services, as well as the contents thereof diligently and correctly, in accordance with the law (albeit local, regional, national and/or international laws), morality, public order, and in strict accordance with these Terms, as well as not to use it to carry out illicit or criminal activities, that violate the rights of third parties or that violate any rule of the legal system. You hereby agree and warrant to BitCanna to only use the payment plugin and related services if you comply with the legislation and regulations which are applicable to you in that regard.
BitCanna will deliver the payment plugin and the related services to you ‘as is’ and BitCanna will only use its best-efforts in that regard. Therefore, BitCanna does not and will not make any representations and/or give any warranties in relation to the payment plugin and the related services. BitCanna is not responsible for the management, conditions of use, content, errors, or possible contradictions of information that may be found in or on the websites where the plugin is installed. BitCanna does not promote, identify, guarantee, represent, sponsor, or endorse any website with the plugin installed. BitCanna is not aware of the contents and services of these sites and, therefore, is not responsible directly or indirectly for the damages caused by the illegality, quality, outdated, unavailable, error, and uselessness of the contents and services of the websites or for any other damage that is not directly attributable to BitCanna.
Availability of the plugin
BitCanna holds the right to suspend, interrupt or limit the use of the payment plugin and/or related services at her own and sole discretion. BitCanna will use its best-efforts to timely announce this via the social media channels and/or on the Website if this is applicable. It is your own and sole responsibility to be and stay up to date with these announcements. Unavailability of the payment plugin and/or related services will not render BitCanna liable in any way and will not give you or any other affected party any right to compensation.
You realise and warrant to BitCanna that (you know that) blockchain technology and the (underlying) software(products) are currently in an early development-stage and have not been proven to be without error. BitCanna will employ its best effort to reduce the risk on downtime, however BitCanna cannot give you and other parties like you any warranties regarding the availability, errorless and/or hack-free functioning and performance of the blockchain network(s) which are used in relation to the payment plugin and related services.
Intellectual property
Except as otherwise provided for in these Terms, each party shall own and retain all its own intellectual property (rights) subsisting in that party immediately prior to entering into these Terms. Parties agree and warrant to each other not to use the other party’s intellectual property (rights) in a way that will infringe or disparage the other party or its services or otherwise diminish or damage its goodwill.
The payment plugin and all coding, information, and elements contained therein (including, but not limiting to, its programming, editing, compilation, and other elements necessary for its operation, designs, texts, graphics, icons, buttons, documents, photographs, drawings, graphic representations, information, sound and image files, source code and object code, among others), as well as logos, trademarks, trade names or other distinctive signs, industrial or any other signs susceptible of industrial and commercial use, as well as the related services are exclusively owned by and/or protected by intellectual or industrial property rights (of) BitCanna.
Unless explicitly agreed upon otherwise in these Terms, nothing with regard to (the execution of) these Terms and/or (the provision of) the payment plugin and related services may be interpreted or construed as granting the use of and/or transferring any (intellectual) (property) right(s), however named, by BitCanna to you.
Exclusion of liability
You hereby acknowledge and agree that you cannot and will not hold BitCanna, its directors, its employees and/or any third party involved with (the creation and/or execution of) the payment plugin, the related services and/or these Terms liable for any and all damages (however named and on whatever (legal) ground) caused by and/or in relation to the creation, performance and/or execution of the payment plugin, the related services and/or these Terms.
Additionally, you hereby acknowledge and agree that you will indemnify BitCanna, its directors, its employees and/or any third party involved with (the creation and/or execution of) the payment plugin, the related services and/or these Terms against (any) third-party claim(s) which arise from you breaching these Terms and/or your use of the payment plugin and/or the related services.
Closing provisions
BitCanna may modify these Terms at any time, considering the evolution of the payment plugin, the related services and/or the contents it offers, reserving the right to modify, add or delete at any time and unilaterally.
In case any clause or provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the remainder of these Terms will continue in full effect.
You hereby waive your rights to terminate, annul and/or dissolve these Terms, or cause it to be terminated, annulled or dissolved, on any grounds whatsoever, including, but not limited to, pursuant to section 6:265 to section 6:272, and section 6:228 of the Dutch Civil Code that relate to the termination, annulment or dissolving of these Terms on account of an error or to apply to a court of law to terminate, annul or dissolve these Terms. Furthermore, you waive your right to demand these Terms to be amended on any grounds whatsoever including, but not limited to, pursuant to section 6:230(2) or section 6:258 of the Dutch Civil Code.
Any right or claim that may ensue from (the use of) the payment plugin, the related services and/or (the execution of) these Terms cannot be transferred by you to any third party without the prior written consent of BitCanna, this with effect under property law (met goederenrechtelijke werking) as defined in section 3:83(2) of the Dutch Civil Code.
These Terms and any non-contractual obligation arising out of or in connection with these Terms, the payment plugin and/or the related services are solely and exclusively governed by and shall be construed in accordance with the laws of the Netherlands.
Any disputes arising out of or in connection with (the execution of) these Terms, the payment plugin and/or the related services, including regarding the existence or validity of these Terms, are subject to the sole and exclusive jurisdiction of the court of Oost-Brabant, location ‘s-Hertogenbosch, the Netherlands.