Welcome to Nayax Shop Website (the “Website”). The Website itself is owned and operated by Nayax LLC (the “Company”, “we”, “our”). Please carefully read the following terms of service (the "Terms"), which constitute a binding agreement. The Terms define your rights and responsibilities regarding your activities on the Website.
These Terms apply together with any additional terms or policies agreed to between you and the Company. By accessing or using the Website or submitting a request to obtain and use our solution as a customer of the Company, you signify your acceptance of these Terms. If you do not agree to these Terms, you may not access the Website or use it in any manner, and you must not order any product through the Website.
About the Website
The Website provides information about the Nayax Cashless and Remote Monitoring Solution for vending machines (the “Solution”), and allows you to submit a request to obtain and use the Solution as a customer of the Company.
The Website is intended only for persons or organizations that operate vending machines in the United States.
In addition, the Website is intended for use only by users who are at least 18 years old. By using the Website or ordering Products through the Website, you warrant that you are at least 18 years old. To that end, if we find that you are below the minimum age specified above, we may request, at any time, additional information in order to confirm your age. If we find that you are under the minimum age, we will decline orders that you place and may cancel orders you previously have placed..
Subject to these Terms, users may use the Website to learn about the Solution and submit a request to obtain and use the Solution as a customer of the Company.
Registration and onboarding
If you express interest in obtaining and using the Solution as a customer of the Company, you must apply through our designated online applications forms. We will indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to apply.
We will then process your request through our Know Your Customer (KYC) process. As we process your request, and thereafter, following your onboarding as a customer of the Solution (if accepted), we may request additional information, documentation and materials from you, as we, in our discretion, deem necessary. If you decline to provide the additional information, documentation and materials we request, or if you fail to provide them within the timeframe we request, you will not be able to become a customer.
You must provide true, accurate and complete information, and you are fully accountable for any outcome that may result from your failure to do so. If you are applying on behalf of, or as, a legal entity (such as a company), then you represent and warrant that you are duly authorized by the legal entity to do so and that you are duly authorized to bind the legal entity to these Terms.
Once we complete processing, evaluating and considering your request, we will determine, in our sole discretion:
- Whether to accept or decline your request to use the Solution as a customer of the Company;
- The number of units of the Solution that we are able and willing to provide you; and
- Any use limitations or restrictions that we apply to your use of the Solution.
We are not obligated to admit you as a customer or to make available to you any particular number of units of the Solution. We may, but are not obligated to, inform you of the grounds for our decision regarding your request. You will have no plea, claim or demand against us in connection with any decision we may or may not make regarding your own, or anyone else’s, request. Our decision is final and non-contestable.
Your onboarding as a customer of the Solution is conditioned upon your acceptance of one or more additional and separate customer agreements (or client agreements) (the “Customer Agreements”), that we will send to you for signature once we accept you as a customer of the Solution.
If we accept you as a customer of the Solution and you agree to the Customer Agreements, you will be designated an account username and password. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details, and may not provide or disclose them to anyone else or otherwise allow or permit others to view the content accessible through your Registered User account.
Acceptable use of the Website
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.
While using the Website, you agree to refrain from –
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Website;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users of the Website.
We may employ technological measures to detect and prevent fraudulent or abusive use of the website.
All ecommerce sales are final, and the Company does not offer any refunds.
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted there not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral. By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability, or for any transactions made between you and such third party websites.
All intellectual property rights associated with the Website and its content, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.
It is forbidden to copy, duplicate, distribute, sell, make available, market or translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company's explicit prior and written consent.
Trademarks on the Website (whether registered or not) as well as the Website's domain name – are the sole property of the Company, or respective third party owners. It is forbidden to use them without the Company's, or their respective third party owners’, prior and written consent.
Website changes and Availability
The Company may, from time to time, change the Website’s structure, layout, design or display, as well as the scope and availability of the information, Products, and content therein - all without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from glitches or any kind of failure resulting from their introduction.
Termination and suspension
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and the Website’s business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms, as well as any additional terms and policies. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.
The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Applicable Law and Dispute Resolution and Local Laws.
Changes to the Terms
The Company may change the Terms from time to time. We will notify you of the changes by posting them on our Website or by some other means of notification. Your continued use of the Services after the effective date of the amended Terms have been brought to your attention constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.
Disclaimers and Limitation of Liability
The website and its content are provided hereunder "as is", “with all faults” and without warranty of any other kind.
To the maximum extent permitted by law, the company expressly disclaims any and all warranties, conditions, representations, and guarantees with respect the website, its content, products, and product descriptions whether express or implied, arising by common law, custom, prior oral or written statements or otherwise, including, without limitation, any warranty of merchantability, fitness for a particular purpose, quality, safety, compatibility, expected business outcome or earnings, performance, security and data security, accuracy, title or noninfringement. Nothing in these terms shall limit our lability under law resulting from our willful misconduct, fraud, bodily injury or other harm by an unsafe products.
To the maximum extent permitted by law, no representation or other affirmation of fact, including, without limitation, statements regarding suitability for use or performance of the website, its content or the products, whether made by the company, a representative or otherwise, shall be deemed to be a warranty by us for any purpose, or give rise to any liability of the company whatsoever. you agree and acknowledge that use of the website, and its content are entirely, or to the maximum extent permitted by the applicable law, at your own risk.
To the maximum extent permitted by law, the company, and its officers, directors, shareholders, employees, sub-contractors and agents, shall not be liable to you, to the maximum extent permitted by applicable law, for any indirect, special, punitive, exemplary, statutory, incidental or consequential damage, or any similar damage or loss (including loss of profit or loss of data), costs, expenses and payments, whether in tort (including negligence), contract, or in any other form or theory of liability, arising from, or in connection with the website, its content, the products, or any other aspect of these terms, including, without limitation, damage to or replacement of equipment and property, even if the company is advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the company’s total and aggregate liability to you for any damage, loss or causes of action (whether in tort, contract, or in any other form or theory of liability), is limited to the amount you actually paid to the company in the twelve months preceding the event purportedly giving rise to the damage, loss or cause of action.
You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of the Terms, or your violation of any right of a third party in connection with the Website or the Products.
Notices from us to you, required under the Terms or otherwise necessary, may be given by email communication, or by posting on the Website.
Applicable Law and Dispute Resolution
These Terms, and any dispute, claim or controversy between you and us regarding the Products or the Website (a “Dispute”), shall be governed by the laws of New York without regard to its conflict of laws provisions. Any Dispute shall be adjudicated under the exclusive jurisdiction of the competent courts of the Southern District of New York.
Notwithstanding anything to the contrary in this section, the Company may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any Company intellectual property right, in any court of competent jurisdiction having personal jurisdiction over you.
Whenever used in the Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and all "i.e." and "such as" notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
These Terms, including the additional documents referenced explicitly herein, constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign, transfer or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities and obligations herein.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Last Updated: December 15, 2020.