TERMS AND CONDITIONS

INTRODUCTION

The Chorus Pay platform is designed to help users easily move toward the adoption and use of digital currencies. Our users can transfer Bitcoin and Ethereum easily into our platform. Chorus Pay will respect and protect your privacy and data. For businesses using our Merchant Platform, we expect and trust that you will run your business, service your customers, protect your customers’ data, report & pay taxes, and observe all laws, rules, and regulations. If you have any questions, do not hesitate to contact us.

ABOUT OUR SERVICES AGREEMENT

This Agreement is a contract between you and Chorus Pay and it governs your use of all Services. Using the Chorus Pay Services means that you must accept all the terms and conditions contained in this Agreement and the agreements, as may be applicable to you from time to time, on the Legal Agreements page, including the Privacy Policy and the Acceptable Use Policy. This Agreement contains several sections and you should read these terms and conditions carefully. The General Section contains eleven (11) subsections and is followed by a User Services Agreement. As this agreement is for consumers (users) and merchants, not all sections may be applicable to all parties.

PLEASE READ THE GENERAL SECTION CAREFULLY INCLUDING SECTION 10 WHICH SPECIFICALLY HIGHLIGHTS THE RISK OF USING DIGITAL CURRENCIES & SECTION 11 WHICH EXPLAINS OUR INDEMNIFICATION POLICY.

GENERAL

Chorus Pay Limited (“Chorus Pay”) and all related subsidiaries maintain www.choruspay.com and its related sites (collectively the “Chorus Pay site”) for your personal and business use. Access to the Chorus Pay site is subject to the following rules (the “Rules”) as well as all applicable laws. By accessing and using the Chorus Pay site, you accept and agree to the Rules without limitation or qualification, and acknowledge that any other agreements you may have with Chorus Pay are superseded by the Rules, to the extent any conflict exists. Chorus Pay may at any time revise these Rules by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Rules from time to time.

Chorus Pay reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or, users, or entities to all or any part of this site.

  1. Use of the Site

Unless otherwise specifically indicated, you may download material displayed on the Chorus Pay site for personal, non-commercial use only and you may not distribute, modify, transmit, use, or reuse any of the contents of the Chorus Pay site for any public or commercial purpose without the written consent of Chorus Pay or any third-party Chorus Pay deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the Chorus Pay site you make and distribute for any purpose must also include these Rules. You may not access or use the Chorus Pay site in any way that could or is intended to damage or impair the Chorus Pay site, or any server or network underlying the Chorus Pay site, or interfere with anyone else’s use and enjoyment of the Chorus Pay site.

 

  1. Copyrights, And Other Rights

You should assume that everything on the Chorus Pay site is copyrighted unless otherwise noted and that it must not be used except as provided in the Rules or with the express written consent of Chorus Pay or any third-party Chorus Pay deems necessary. CHORUS PAY NEITHER WARRANTS OR REPRESENTS THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE CHORUS PAY SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Any product, service, program, or technology described on the Chorus Pay site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by Chorus Pay. Any such right that is not expressly licensed herein is reserved by Chorus Pay.

Images of people or places displayed on the Chorus Pay site are either the property of, or used with permission by, Chorus Pay. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the Chorus Pay site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Any product, service, program or technology described in any document published by Chorus Pay on this site may be the subject of other intellectual property rights owned by Chorus Pay. Any such right that is not expressly licensed hereunder is reserved by Chorus Pay.

  1. Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Chorus Pay site are registered and unregistered Trademarks of Chorus Pay and others. Nothing contained on the Chorus Pay site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Chorus Pay site without the written permission of Chorus Pay or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Chorus Pay site is prohibited. Chorus Pay aggressively enforces its intellectual property rights, including via civil and criminal proceedings.

Images of people or places displayed on the Chorus Pay site are either the property of, or used with permission by, Chorus Pay. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the Chorus Pay site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Any product, service, program or technology described in any document published by Chorus Pay on this site may be the subject of other intellectual property rights owned by Chorus Pay. Any such right that is not expressly licensed hereunder is reserved by Chorus Pay.

  1. Submissions

Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the Chorus Pay site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Chorus Pay site may be used by Chorus Pay for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to Chorus Pay.com, you irrevocably transfer and assign to Chorus Pay, and forever waive and agree never to assert, any copyrights, “moral” rights, rights of publicity or to privacy, or other intellectual-property or proprietary rights that you may have in such material. Chorus Pay is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Chorus Pay site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.

By using this site, you may submit, or Chorus Pay may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, Chorus Pay is free to use such information for any purpose it deems appropriate.

  1. No Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, CHORUS PAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE. THERE IS NO WARRANTY THAT ANY INFORMATION OR SERVICE PROVIDED OR REFERENCED BY THIS SITE IS EITHER ACCURATE, THAT SUCH INFORMATION OR SERVICE WILL FULFILL ANY OF YOUR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION OR SERVICE DOES NOT INFRINGE ON ANY THIRD-PARTY RIGHTS. EXCEPT FOR ANY EXPRESS WARRANTIES STATED ON THIS SITE, IF ANY, THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER.

SO, WHILE CHORUS PAY MAY USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE CHORUS PAY SITE, CHORUS PAY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, TIMELINESS, OR COMPLETENESS. CHORUS PAY MAY PERIODICALLY ADD, CHANGE, OR IMPROVE ANY OF THE INFORMATION, PRODUCTS, SERVICES, PROGRAMS, AND TECHNOLOGY DESCRIBED ON THE CHORUS PAY SITE WITHOUT NOTICE. CHORUS PAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE CHORUS PAY SITE.

IN FACT, YOUR USE OF THE CHORUS PAY SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER CHORUS PAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CHORUS PAY SITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE ON THE CHORUS PAY SITE, EVEN IF CHORUS PAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, CHORUS PAY ASSUMES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO OR ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE YOUR ACCESS TO, USE OF, OR DOWNLOADING FROM, THE CHORUS PAY SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY RESTRICT OR DISALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Other Agreements

Your use of the Chorus Pay site, or certain features or information provided through the Chorus Pay site, may be subject to additional agreements apart from the Rules.

  1. Links

Chorus Pay has not reviewed all the sites which are linked to or from the Chorus Pay site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. Chorus Pay is not responsible for the contents of any site linked to or from the Chorus Pay site; and your connection to any such linked site is at your own risk.

  1. International Information

Most of the information on the Chorus Pay site applies internationally, but a significant amount of information applies only to certain countries or regions. Although Chorus Pay tries to mark all country and region-specific information with a country indication, it does not warrant or represent that all information without indication applies internationally. You should check the applicability of any information on this site to you or your organization.

  1. Use
    • 9.1 – By creating an account on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all the Services.
    • 9.2 – You agree to provide us with accurate, true, current and complete information including such identification and verification documentation as may be required by Chorus Pay at any time.
    • 9.3 – We reserve the right to suspend Your account in the instance of any suspicious activities, upon notification, until the required processes and checks have been carried out by our fraud and compliance departments.
    • 9.4 – You are obliged to act in Your name and not on behalf of a third party unless otherwise notified to do so in writing and confirmed and accepted by Chorus Pay.
    • 9.5 – You affirm that You comply with all laws to which You are subject.
    • 9.6 – You agree and understand that You can have only one Chorus Pay account at any given time.
    • 9.7 – These Terms of Service may be amended, changed, or updated by Chorus Pay at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
  1. Digital Currencies

The Chorus Pay platform is designed to help users easily move toward the adoption and use of digital currencies. The buying, selling, trading and in general using digital currencies can be risky. This risk disclosure statement does not, and cannot, list all the potential risks. As such, the risks include, but are not limited to the following:

  1. Market Risk: Like all currencies, digital currencies are susceptible to fluctuations in valuation. The market for Digital Tokens, or digital currencies is still new and uncertain. No user should have funds invested in Digital Tokens or speculate in Digital Tokens that they are not prepared to lose entirely. Chorus Pay, nor any of its’ subsidiaries, guarantee the value of a digital currency. The user bears 100% of the responsibility and risk for any of the price fluctuation of any digital, crypto currency. Chorus Pay is not liable, nor responsible for any losses a user may incur while, buying, selling, trading or using digital or crypto-currencies in any manner.
  2. Liquidity Risk: All markets for financial instruments have inherent varying degrees of liquidity. Markets for Digital Tokens and crypto currencies are no different. There is never a guarantee that there will be an active market for one to sell, buy, or trade these instruments or products derived from or ancillary to them.
  3. Legal Risk: The legal status of certain Digital Tokens and crypto currencies is not clearly defined in some jurisdictions. This may affect the legality of holding or trading them. As a result, how one or more Digital Tokens or crypto currencies constitute property, or assets, or rights of any are subject to definition and interpretation of the jurisdiction in question. Users and participants are responsible for knowing and understanding how Digital Tokens and crypto currencies will be addressed, regulated, and taxed under applicable law.
  4. Exchange Risk (Counterparty Risk): Holding Digital Tokens and/or crypto currencies on deposit either personally or with any third party in a custodial relationship has inherent risks. These risks include security breaches, risk of contractual breach, and risk of loss. Users and participants should be wary of allowing third parties to hold their property for any reason.
  5. Trading Risk: In addition to liquidity risks, values in any digital tokens and/or the crypto currencies marketplace is volatile and value fluctuations can shift quickly. Participants in any Digital Tokens market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.
  6. Risks Associated with Financing Activities: Due to the above-mentioned risks, when you finance a purchase or sale of Digital Tokens on a peer-to-peer basis, you run the risk of losing your provided financing. Also, when you accept financing to enter a trading agreement, you accept the risk of not being able to repay that financing. Users and participants should carefully read and be aware of all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations.

The user bears 100% of the responsibility and risk for any losses incurred, or the price fluctuation when using any digital or crypto currencies. Chorus Pay, or any of its subsidiaries, nor any of its officers, directors, employees are not liable, nor responsible for any losses a user may incur while, buying, selling, trading, holding, investing or using digital or crypto-currencies in any manner.

  1. Indemnification

You shall hereby indemnify and protect, defend and hold harmless Chorus Pay, its subsidiaries, and their officers, officials, agents, employees and counsel and their respective heirs, administrators, executors, successors and assigns (each of the foregoing, an “Indemnified Party”), from and against, any and all losses, liabilities, claims, damages, interest, judgments, costs, or expenses, including without limitation fees and disbursements of counsel, incurred by any of them arising out of or in connection with or by reason of this Agreement, the Entries, Transactions, the provision of the ACH Processing Services hereunder, or any breach of Rules or Regulations or your representations, warranties or covenants set forth herein (collectively, “Losses”), except only that you shall not be required to indemnify any Indemnified Party for any Losses to the extent such Loss is finally determined by a court of competent jurisdiction to have arisen solely out of the gross negligence or wilful misconduct of such party. The indemnification obligations of the Merchant under this Agreement shall survive any termination of this Agreement.

SERVICES AGREEMENT

This Agreement is a contract between you and Chorus Pay and governs your use of all Services. Using the Services means that you must accept all the terms and conditions contained in this Agreement and the agreements, as may be applicable to you from time to time, on the Legal Agreements Section, including the Privacy Policy Section and the Acceptable Use Policy Section. We may amend and update this Agreement without your consent at any time by posting a revised version on our website. Any amendment or, amendments, to any one section or, sections does not invalidate any other section or sections of this agreement. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, or if it applies to consumers, we will provide you with at least 30 Days’ prior written notice (and at least 60 Days’ prior written notice to our Merchants in the case of the introduction of a new fee or an increase of an existing fee which applies them) by posting notice on the Policy Updates page of our website.

This Agreement contains several sections and you should read these terms and conditions carefully.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. If you agree to and comply with these Terms of Use, Chorus Pay grants to you a personal, non-exclusive, non-transferable, non-sub licensable and limited right to enter and use the Site and the Service.

Chorus Pay charges a transaction fee for transactions done online through the Chorus Pay Platform. By either:

  • accessing the Chorus Pay website
  • entering personal financial or business information
  • transacting online through the Chorus Pay Platform,

you agree to all the terms and conditions of this agreement including all fees associated with these transactions.

  1. Required Information

Chorus Pay does require personal and financial information to provide Payment Processing services to you. Chorus Pay does have to validate your identity with a Third-Party Service Provider(s). There are no credit checks that will negatively impact your credit score. Information that you may be required to submit is:

  • Full legal name
  • Email Address
  • Current address
  • Month and year of birth
  • Bank Account Details

More information is available in the customer sign in section.

If you are operating a registered business, at a minimum you will have to submit the following:

  • Full business name
  • Business address
  • Business EIN or ABN
  • Business phone

More information about the Merchant sign up procedure is available in the Merchant sign up section of the Chorus Pay website (www.choruspay.com).

By accepting this Agreement, you authorise Chorus Pay to share, retrieve and verify information about you through properly vetted Third Party Service Providers to the extent required to validate your identity to provide Payment Processing services to you. You acknowledge that this may include history of past addresses and other data about you. Chorus Pay may require that your information be updated from time to time.

  1. Privacy

Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full and agree with the terms of our Privacy Policy at www.choruspay.com/privacy and incorporated into this Agreement by reference, which contains your consent to our collection, use, retention and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes we collect, use, retain, disclose and safeguard the information you provide to us. You also acknowledge that to comply with request by regulatory bodies Chorus Pay may be required to submit personal and/or business information for their review. This may include, but not be limited to: date of birth, address, contact information, business name, tax ID, business license number as well as other financial information.

  1. Representation and Warranties

As an individual or business user, you represent and warrant to us that: (a) if you are a natural person, you are at least eighteen (18) years of age or, if you are under eighteen (18) years of age, you’ve obtained the consent of your parent or legal guardian to your execution of this Agreement and use of the Chorus Pay Services Agreement in the manner prescribed by Chorus Pay; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; If you are a business then, (c) the name identified by you when you registered is your name or business name under which you sell goods and services; (d) any sales transaction submitted by you will represent a bona fide sale by you; (e) any sales transactions submitted by you will accurately describe the goods and/or services sold and delivered to a purchaser; (f) you will fulfil all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser; (g) you and all transactions initiated by you will comply with all state, federal, provincial, territorial, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (h) except in the ordinary course of business, no sales transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity; (i) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service. Businesses further warrant they have not been “red flagged” or “black listed” by any other processors and/or credit card company(s) and if so, such information has been disclosed to Chorus Pay at the time of application. Failure to disclose such information is a breach of the agreed to Terms and Conditions and businesses and/or users will liable for any damages incurred by Chorus Pay.

  1. Prohibited Uses

(a) You agree that you will not use Chorus Pay’ Payment Processing services for, or otherwise accept payments in connection with the following businesses, business activities or business practices: (1) embassies, foreign consulates or other foreign governments, (2) door-to-door sales, (3) offering substantial rebates or special incentives to Users subsequent to the original purchase, (4) negative response marketing, (5) engaging in deceptive marketing practices, (6) sharing Users data with another merchant for payment of up sell or cross-sell product or service, (7) evading any chargeback monitoring programs, (8) engaging in any form of licensed or unlicensed aggregation or factoring, (9) airlines, (10) age restricted products or services, (11) bail bonds, (12) bankruptcy lawyers, (13) bidding fee auctions, (14) collection agencies, (15) chain letters, (16) check cashing, wire transfers or money orders, (17) counterfeit goods (e.g. knock-offs, imitations, bootlegs) (18) currency exchanges or dealers, (19) firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down, (20) credit card and identity theft protection, (21) cruise lines, (22) essay mills, (23) flea markets (firms/individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoors or outdoors), (24) drug paraphernalia, (25) extended warranties, (26) fortune tellers, (27) “get rich quick” schemes; (28) illegal products or services, (29) mail-order brides, (30) marijuana dispensaries and related businesses, (31) money transmitters or money service businesses, (32) multi-level marketing or pyramid schemes, (33) online, mail, or telephone order pharmacies or pharmacy referral services, (34) prepaid phone cards, phone services or cell phones, (35) pseudo pharmaceuticals, (36) quasi-cash or stored value, (37) securities brokers, (38) sexually-oriented or pornographic products or services, (39) shipping or forwarding brokers, (40) substances designed to mimic illegal drugs, (41) telemarketing, (42) timeshares, (43) online, mail, or telephone order tobacco or e-cigarette sales, (44) weapons and munitions (45) virtual currency or credits that can be monetised, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, or (46) products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation.

(b) You may not use our services if you are residing in any of the following countries: Afghanistan, China, Cuba, Eritrea, Iran, Iraq, Israel, Kyrgyzstan, Libya, Malaysia, North Korea, South Sudan, Sudan, or Syria. This list is not exhaustive and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate your Chorus Pay Account at any time if we reasonably believe to be required to do so by law or to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.

  1. Suspicious Use and Right to Reject a Transaction

Chorus Pay reserves the right in its sole discretion, to refuse to complete any Transaction that we have reason to believe is unauthorised, or in violation of any Chorus Pay Agreement, exposes you, other Chorus Pay users, our processors or Chorus Pay to harm, including but not limited to fraud or other criminal acts. Chorus Pay is authorized to share all information relating to such a matter with the appropriate legal and/or regulatory enforcement agencies.

  1. Termination of Account

Chorus Pay reserves the right, in their sole discretion, to terminate an account for Fraud and/or Excessive Chargebacks. Such termination is effective immediately and you will be notified as such. Prior to receipt of such Notification of Termination you will be contacted by Chorus Pay and be requested to cease the transactions in question. Once your account is terminated, you agree to discontinue use of the Chorus Pay platform and services and any Chorus Pay trademarks. Chorus Pay will not be liable for any damages or responsible for any compensation in connection with the termination or suspension of the Payment Processing services under these circumstances. Your remaining obligations and any other terms necessary to enforce or address such obligations shall survive the termination of this Agreement for any reason.

  1. Your Right to Cancel

You have a right to cancel this Agreement within a “cooling-off” period of 14 days starting from the date of your Chorus Pay account registration. You must contact us within this period and inform us of the fact that You wish to withdraw from this Agreement; and You must not use the Chorus Pay account upon the withdrawal.

  1. Chargebacks and Refunds

If you deposit funds into your account and then authorise a payment or withdrawal of those funds, you agree that you will not charge back, cancel, reverse or de-authorise the payment method used to make that Deposit.

We reserve the right to charge you fees and expenses we incur in connection with such chargeback and any action undertaken to challenge the same. It is the user’s responsibility to settle all charges with their respective credit card company and/or financial institution if applicable. In the case of chargebacks or refunds, Chorus Pay will charge a EURO25.00 fee to process.

  1. Excessive Chargebacks

If there are excessive request for chargebacks, Chorus Pay will notify the merchant. The merchant or seller agrees to work with Chorus Pay to immediately address this issue. All costs associated with dealing with this matter are the responsibility of the seller or merchant. Failure on the behalf of the merchant to reconcile excessive chargebacks could result in suspension of services and termination of their account. Please refer to section (6), Termination of account for remaining obligation once account is terminated.

  1. Liability & Responsibility

This applies to users and merchants. User(s) may be defined as “buyers”, “Consumers”, “Purchasers”, “Senders”. Merchants may be defined as “Sellers”, “Companies”, or in general entities or individuals who take payment either in fiat or crypto currency in exchange for goods and/or services.

User’s and merchants are responsible for all Reversals, Chargebacks, Claims, fines, fees, penalties and other liability arising out of or relating to the breach of this Agreement, and/or your use of the Service. Merchants agree to reimburse your customer, Chorus Pay, the Designated Bank and any third party specified by Chorus Pay or the Designated Bank (each, a “Disclaiming Entity”) for all such liability.

“Chargeback” means a request that a buyer customer files directly with his or her card company or card issuing financial institution to invalidate a processed payment. “Claim” means a challenge to a payment that you or a buyer customer files. “Reversal” means requests initiated by the user to reverse the settlement of funds from a processed card transaction that you received because (a) the card transaction is invalidated by the card issuer, (b) the settlement funds were sent to you in error by Chorus Pay; (c) the sender of the payment did not have authorization to send the payment, (d) you received the payment for activities that violated this Agreement or any other Chorus Pay agreement, or (e) Chorus Pay decided a Claim against you.

Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Chorus Pay, and each of our respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and/or (ii) your use of the Service, including without limitation any Reversals, Chargebacks, Claims, fines, fees, penalties and legal fees; (iii) your, or your employee’s or agent’s, negligence or wilful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions (including indemnification of any Card Network or Issuer). Please refer to section 11 of the General Terms and Conditions for complete Indemnification.

If you are liable for any amounts owed to Chorus Pay, Chorus Pay may immediately remove such amounts from your Reserve Account (if applicable) and deduct the amounts owed to Chorus Pay from such Reserve Account funds. If you do not have sufficient funds in the Reserve Account to cover your liability, you will be required to immediately add funds additional funds to your Reserve Account to cover funds owed to Chorus Pay. If you fail or refuse to comply with such a request, Chorus Pay retains the right to engage in collections efforts and/or pursue legal remedies to recover such amounts from you at your cost and expense.

  1. Taxes

It is the user’s sole (personal and business) responsibility to determine what, if any, taxes apply to the transaction, sale of all goods and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. Chorus Pay is not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide processing services. We reserve the right to report to relevant revenue or taxing authorities regarding payment transactions processed by Chorus Pay on your behalf, to the extent we are required to do so by applicable law.