VSwipe SSL RELYING PARTY WARRANTY
The relying party warranty set forth herein (the "Relying Party Warranty") may provide an avenue of relief to people whose reliance on a VSwipe-issued digital certificate results in a loss of money due to a fraudulent charge to their credit card by the holder of a VSwipe digital certificate. If VSwipe was negligent in issuing a digital certificate that resulted in a loss to a Relying Party ("you"), you may be eligible to receive up to US$1,000 per incident, subject to a maximum aggregate limit of $10,000 USD or $250,000 USD (as applicable) for all claims related to that digital certificate. The terms and conditions of the Relying Party Warranty are as follows.
1. Application
Before taking any action in connection with or relying in any way on a VSwipe Digital Certificate (as defined below), you must read and agree to the Relying Party Agreement.
2. Definitions
The capitalized terms used in this Agreement shall have the following meanings, unless otherwise specified: "Digital Certificate" means an encrypted electronic data file (conforming to the X509 version 3 ITU-T standard) issued by VSwipe in order to identify a person or entity or to provide SSL encryption using a Digital Signature or entity and which contains the domain name or identity of the person authorized to use the Digital Signature and a copy of their Public Key, a serial number, a time period during which the Digital Certificate may be used and a Digital Signature issued by VSwipe. "VSwipe CPS" means the Certification Practice Statement released by VSwipe, as amended from time to time. "Subscriber" means a person who is issued a Digital Certificate signed by VSwipe and who has entered into a VSwipe Subscriber Agreement.
3. Relying Party Warranty Terms
3.1. Subject to the provisions herein, VSwipe warrants solely for the benefit of Covered Persons (as defined below) that VSwipe and its third party vendors have exercised reasonable care to perform the validation steps set forth in the appropriate VSwipe CPS in issuing a Digital Certificate (the "VSwipe Warranty").
3.2. If a Covered Person suffers monetary losses resulting directly from an online credit card transaction made with a Subscriber of a VSwipe Digital Certificate, and the Covered Person fulfills all obligations described herein, VSwipe will pay to the Covered Person, subject to the Payment Limits, Max Transaction Values, Incident Limit and exceptions described below, the amount fraudulently charged to the Covered Person's credit card by the Subscriber. This VSwipe Warranty applies only if the Subscriber's Digital Certificate that was relied upon by the Relying Party was issued by VSwipe in violation of the VSwipe Warranty described herein, and only if the losses were monetary losses from an online credit card transaction.
4. Payment Limit
4.1. VSwipe Digital Certificates. Each VSwipe SSL certificate carries an aggregate maximum payment limit (the "Payment Limit") and a maximum transaction value ("Max Transaction Value") as described in the table below and the VSwipe Certificate Subscriber Agreement, for all claims paid in connection with these Digital Certificates.
| VSwipe Certificate Type |
Max Transaction Value |
Payment Limit |
| InstantSSL |
$1,000 |
$10,000 |
4.2. Incident Limit. A Covered Person may only receive a maximum payment of $1,000 per online transaction ("Incident Limit") for which the Covered Person claims there was a breach of the VSwipe Warranty (each an "Incident"). If multiple Covered Persons are affiliated as to a common entity, then those multiple Covered Persons collectively are eligible to receive a maximum amount of $1,000 per Incident. Any payments to Covered Persons shall decrease by an amount equal to the sum of such payments the relevant Aggregate Limit available to any party for future payments for any claims relating to that Digital Certificate. For example, if a Digital Certificate carries a Payment Limit of $10,000, then Covered Persons can receive payments in accordance with this warranty for up to $1,000 per Incident until a total of $10,000 has been paid in the aggregate for all claims by all parties related to that Digital Certificate. Upon renewal of any Digital Certificate, the total claims paid for such Digital Certificate shall be reset to zero dollars.
5. Covered Persons
Under this warranty, you must complete an online credit card transaction in reliance on a VSwipe Digital Certificate and meet all of the following requirements:
(i) You must use a credit card validly issued in your name.
(ii) You must read and agree to be bound by the terms of the VSwipe Relying Party Agreement, which can be found at http://www.VSwipegroup.com/repository/index.html, prior to providing any credit card information to a Digital Certificate Subscriber. The Relying Party Agreement applies to you if, among other things, you decide to rely on a Digital Certificate issued by VSwipe.
(iii) You must fulfill all of your obligations described herein, including but not limited to all obligations as a Relying Party in the Relying Party Agreement.
(iv) You must dispute with your credit card issuer and/or other entity, as appropriate, the unauthorized credit card charges for which you wish to make any claim under this warranty, in compliance with the rules, procedures and time-lines applicable to the credit card that was subject to the unauthorized charges. Any payment by VSwipe will be reduced by the amount of any recovery, relief or reversal of charges received by the Covered Person from the credit card issuer.
(v) You must submit all claims via email to the following email address: legal@VSwipe.com, and you must include: the date of loss, a detailed description of the events and circumstances of the loss, the amount of any claimed loss, the web site URL and Subscriber name through which the loss occurred, the credit card number and card issuer through which the loss occurred. You must cooperate fully with any investigation of your claim (including providing additional information when requested). Any claim must be submitted to VSwipe (or the entity designated by VSwipe) within 90 days of the loss for which you are seeking payment.
6. Exceptions to the Warranty
This VSwipe Warranty does not apply to losses or damages of a Covered Person, caused wholly or partially by:
(i) brown-outs, power failures, or other disturbances to electrical power;
(ii) illegal acts by the Covered Person or the Subscriber of the Digital Certificate upon which they rely, or by persons coercing the Covered Person or Subscriber to cause the loss or damages;
(iii) the Covered Person's own breach of any warranty or obligations in the Relying Party Agreement, including but not limited to failure to validate a Digital Certificate prior to relying upon it, and failure to validate the certificate chain for any Digital Certificate prior to relying upon it;
(iv) acts by any unauthorized individuals which impairs, damages, or misuses the services of any Internet Service Provider or telecommunications, cable, or satellite carrier, other common carrier or value-added services, including but not limited to, denials of service attacks and the use of malicious software such as computer viruses;
(v) the Covered Person's unreasonable or unjustified reliance upon information contained within a Digital Certificate in view of what the Covered Person knows or should have known, or based on the Covered Person's course of dealings and customs of trade;
(vi) failure of any services or equipment not under the exclusive control or ownership of VSwipe or its partners, affiliates, and agents; or
(vii) the Covered Person's reverse engineering, interference with, or monitoring of the certificate services, except as provided by the Service Agreements or with VSwipe' express consent.
information with due care and security. Our Privacy Policy sets forth the ways in which VSwipe obtains and uses your personal information. VSwipe reserves the right, without notice, to modify or eliminate all or a portion of this Privacy Policy at any time. By making use of the VSwipe website or any VSwipe product or service, you agree to the terms of the Privacy Policy in its ongoing form.
VSwipe may store the information that you provide. This information may include, for example, your name, mailing address, e-mail address and telephone number, as well as certain interactive data such as the type of browser you use, the files you request, or the domain or IP address you use to access our website(s). If you supply us with personal data or request information from us, we may use your information to respond to your request. If you are a VSwipe merchant you may receive third-party email notifications and/or offers relating to products or services in which VSwipe believes you may have an interest. You can change the preference settings in your VSwipe account at any time.
VSwipe limits access to your personal information to those VSwipe employees and business clients that need the information in order to provide our products and services to you. If you are a VSwipe merchant, we may share your information with outside parties for such purposes as (by way of example and not of limitation) obtaining credit reports, performing customer verifications, and administering underwriting and risk management functions. We will disclose your information in response to a valid request issued by a court, government agency or regulatory authority.
When we have a direct customer relationship with you, we will strive to make information available to you about the general uses of the information we collect. Generally, we publish or link to this information on web pages at the point of sale, through privacy notices on our websites, and by other means specified by applicable state and federal laws.
When we obtain personal information as part of our direct relationship with you, we will not share this information with non-affiliated third parties, except in the following circumstances:
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To comply with federal, state, and local laws, including credit reporting laws and credit card association rules
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To investigate fraud
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In the case of VSwipe merchants, to offer products and services that VSwipe believes may be of interest to you.
VSwipe employs industry-standard security measures to protect personal information collected against unauthorized access, disclosure, alteration or destruction. These measures may include, without limitation, encryption, restricted internal access, physical access security, and other technologies. VSwipe continually reviews and enhances its security systems in an ongoing effort to provide safe and secure treatment of its data.
As part of its products and services, VSwipe may create links to third-party websites. VSwipe is not responsible for the content or privacy practices employed by third-party websites that are linked to our website, nor does VSwipe control or warrant the utility, merchantability, or workmanship of the products or services offered at third-party websites. Before you supply your personal information to a third-party website, whether or not the third party is a merchant, client, or partner of VSwipe, you should review and understand the applicable privacy policy for that website.
The examples contained in this Privacy Policy are illustrations only, and they are not intended to be all-inclusive. If your VSwipe account is terminated for any reason or if you become an inactive customer, our Privacy Policy will continue to apply. If you are a merchant using the VSwipe product(s) or service(s), this Privacy Policy applies to all accounts you may have with us, and it replaces all our previous disclosures to you about our information practices.
If you have any questions about the VSwipe Privacy Policy, please contact us using one of the methods available on the "Contact Us" page of the VSwipe website.
This VSwipe Privacy Policy is currently applicable only to persons making use of the VSwipe website, product(s), and/or services(s) in the United States of America. To the extent allowed by law, the same terms and conditions hereof apply to non-U.S. parties. However, additional terms and conditions under international laws and cross-border credit card association regulations may apply. |