These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Collllor that govern the Payment Services (defined below) conducted through or in connection with the Collllor Platform. When these Payments Terms mention “Collllor,” “we,” “us,” or “our,” it refers to the Collllor company you are contracting with for Payment Services.
Collllor provides payment services to Collllor Users via the Collllor Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
1.1 Collllor Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Collllor may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Collllor may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Collllor will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Users’ contractual obligations or decrease the Users’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Users should review them. Collllor is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Collllor of those Third-Party Services.
1.3 Your Collllor Account. Collllor may enable features that allow you to authorize other Users or third parties to take certain actions that affect your Collllor account. You may authorize a third party to use your Collllor account if the feature is enabled for your Collllor account. You acknowledge and agree that anyone you authorize to use your Collllor account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize Collllor, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Collllor reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2.1 Adding a Payment Method. When you add a Payment Method to your Collllor account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Collllor or its third-party payment processor(s). You authorize Collllor and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Collllor may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Collllor account so it can be used for a future transaction. You can remove the Payment Method from your Collllor account as long as it is not associated with an active or future order.
2.3 Payment Authorization. You allow Collllor to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Collllor account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Collllor generally charges the Total Price due after the Seller accepts your purchase order. Collllor may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Collllor Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Collllor is unable to collect the Total Price due, as scheduled, Collllor will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your purchase order is successfully completed, you will receive a confirmation email.
2.6 Currency. Collllor will process each transaction in US Dollars.
2.7 Order Status. If an order is declined either because it is not accepted by the Seller or you, or you cancel the order before it is accepted by the Seller, any amounts collected by Collllor will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.8 Payment Restrictions. Collllor reserves the right to decline or limit payments that we believe (i) may violate Collllor’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Collllor, or others to risks unacceptable to Collllor.
2.10 Your Payment Method, Your Responsibility. Collllor is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
3.1 Payment Collection. Collllor generally collects the Total Price of an order at the time the order is accepted and approved by both Seller and Buyer, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Collllor account. When you add a Payout Method to your Collllor account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Collllor or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Collllor to collect and store your billing information and financial instrument information. Collllor may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Buyer, Collllor will generally initiate Payouts to your selected Payout Method: 6 business days after the proof of delivery submitted by the Seller.
3.4 Payout. Your Payout for an order will be the Total Price less applicable fees like Collllor service fees and applicable taxes. In the event of cancellation of an approved order, Collllor will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Collllor may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Collllor may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume order cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. Collllor will remit your Payouts in US Dollars.
3.7 Limits on Payouts. For compliance or operational reasons, Collllor may limit the amount of a Payout. If you are due an amount above that limit, Collllor may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.9 Handling of Funds. Collllor may combine amounts that it collects from Buyers and invest them as permitted under applicable laws. Collllor will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. Collllor is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.11 Different ways to get paid
3.11.1 Split Payouts
If you provide Seller Services jointly with one or more other Sellers as part of a team, business or other organization (“Seller Team”), Collllor may make available to such Sellers the option to allocate between the members of the Seller Team the total Seller Payout for an order. Collllor will execute such payments at the instruction of one or more members of the Seller Team and is not responsible for any losses related to errors or omissions made by the Sellers in providing such payment instructions.
4.1 Each Seller, including each Seller Team member, hereby appoints Collllor as the Seller’s payment collection agent solely for the limited purpose of accepting and processing funds from Buyer purchasing Seller Services on the Seller’s behalf.
4.2 Each Seller, including each Seller Team member, agrees that payment made by a Buyer through Collllor, shall be considered the same as a payment made directly to the Seller, and the Seller will provide the Service ordered by the Buyer in the agreed-upon manner as if the Seller has received the payment directly from the Buyer. Each Seller agrees that Collllor may refund the Buyer in accordance with the Terms. Each Seller understands that Collllor’ obligation to pay the Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Collllor guarantees payments to Seller(s) only for such amounts that have been successfully received by Collllor from Buyers in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Seller, Collllor assumes no liability for any acts or omissions of the Seller.
4.3 Each Buyer acknowledges and agrees that, notwithstanding the fact that Collllor is not a party to the agreement between you and the Seller(s), including each Seller Team member, Collllor acts as each Seller’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Seller(s). Upon a Buyer’s payment of the funds to Collllor, the Buyer’s payment obligation to the Seller(s) for the agreed upon amount is extinguished, and Collllor is responsible for remitting the funds successfully received by Collllor to the Seller(s) in the manner described in these Payments Terms. In the event that Collllor does not remit any such amounts, the Seller(s) will have recourse only against Collllor and not the Buyer directly.
5.1 Fees. Collllor may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Collllor Platform.
5.2 Payment Authorizations. You authorize Collllor to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant order, or any other Payment Method on file that you authorize in your Collllor account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Collllor to collect from you:
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Collllor collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3.1 If Collllor is unable to collect any amounts you owe under these Payments Terms, Collllor may engage in collection efforts to recover such amounts from you.
5.3.2 Collllor will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Collllor first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Seller’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Seller’s Collllor account or the associated services have been provided, whichever is later.
5.3.3 Collllor will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Collllor first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Seller’s future Payouts, after the adjustment is made to the Seller’s Collllor account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Collllor by you. Such communications may be made by Collllor or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Collllor will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Collllor or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Collllor.
5.5.2 Subject to this Section 5.5.2, Collllor will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Collllor will initiate and process the refund as soon as is practicable.
Collllor shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Collllor, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
7.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
7.2 Notwithstanding Collllor ’ appointment as the limited payment collection agent of Sellers pursuant to Section 4, Collllor explicitly disclaims all liability for any act or omission of any User or other third party. Collllor does not have any duties or obligations as agent for each Seller except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
7.3 If we choose to conduct identity verification on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a Member will not engage in misconduct in the future.
7.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
8.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Collllor account in any way, you are responsible for the actions taken by that person. Neither Collllor nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Collllor has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Sellers pursuant to these Payments Terms or an approved payment request under the Collllor Seller Protection, in no event will Collllor’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for ordering via the Collllor Platform as a Buyer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Seller, the amounts paid by Collllor to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Collllor and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Collllor’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Collllor’ option), indemnify, and hold Collllor and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
10.1 Modification. Except as otherwise required by applicable law, Collllor may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Collllor Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective.
10.2 Term. This agreement between you and Collllor reflected by these Payment Terms is effective when you create a Collllor account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 10.3.
10.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Collllor account. Terminating this agreement will also serve as notice to cancel your Collllor account pursuant to the Terms. Without limiting our rights specified below, Collllor may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address. Collllor may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Collllor believes in good faith that such action is reasonably necessary to protect other Users, Collllor, or third parties.
10.4 Suspension and Other Measures. Collllor may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Collllor believes in good faith that such action is reasonably necessary to protect the personal safety or property of Collllor, its Members, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
10.5 Appeal. If Collllor takes any of the measures described in Section 10.3 and 10.4 you may appeal such a decision by contacting customer service.
10.6 Effect of Termination. If you cancel your Collllor account as a Seller or Collllor takes any of the measures described above, Collllor may provide a full refund to any Buyers with accepted and approved order(s), and you will not be entitled to any compensation for pending or approved orders that were cancelled. If you cancel your Collllor account as a Buyer, Collllor will initiate a refund for any approved order(s) based on the Order’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Collllor account or attempt to access and use the Payment Services through an Collllor account of another User.
10.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
11.1 If you are contracting with Collllor, these Payments Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 12 must be brought in state or federal court in Wilmington, Delaware unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Wilmington, Delaware.
12.1 Overview of Dispute Resolution Process. Collllor is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Collllor’s customer service team (described in paragraph 12.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Collllor each retain the right to seek relief in small claims court as an alternative to arbitration
12.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Collllor each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Collllor by mailing it to Collllor’ agent for service. Collllor will send its notice of dispute to the email address associated with your Collllor account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
12.4 Agreement to Arbitrate. You and Collllor mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Collllor agree that the arbitrator will decide that issue.
12.5 Exceptions to Arbitration Agreement. You and Collllor each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and Collllor agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
12.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
12.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Collllor agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in Wilmington County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
12.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Collllor will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
12.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
12.10 Jury Trial Waiver. You and Collllor acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
12.11 No Class Actions or Representative Proceedings. You and Collllor acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
12.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
12.13 Changes to Agreement to Arbitrate. If Collllor changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Collllor (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Collllor.
12.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Collllor account.
13.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Collllor and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Collllor and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
13.2 No Waiver. Collllor’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
13.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Collllor’ prior written consent. Collllor may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
13.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Collllor via email or Collllor Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Collllor transmits the notice.
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
14.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
14.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
14.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
14.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Collllor for Work, as permitted by your account, you authorize Collllor to charge your Payment Method for ordering requested by employees at your company or other permitted third-party.
14.5 For any Payout Method linked to your Collllor account, you authorize Collllor to store the Payout Method, remit payments using the Payout Method for ordering associated with your Collllor account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
14.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.