Paynode services (the “Service”) are principally provided by Paynode AB and its affiliate Paynode LLC ( “Paynode”, “we,” “us”, or “our”) through paynode.com (the “Website”). In connection with the Service, as further described below, Stripe, Inc. or Stripe Payments Europe, Ltd (“Stripe”, or “Card Processor”) will be providing certain payment processing services in order to process your payments and facilitate the disbursement of Payments (as defined below) by you to the Service Providers (as defined below).
By utilizing the Service, you consent to these Payor Terms of Use, which also include the Paynode Privacy Policy, which is incorporated herein (collectively, the “Terms and Conditions”) between you, the user of the Service (“you” or “your”), and us.
The Service provides a means by which you may tender payment (“Payment”) to either a broker for air charter companies or the air charter companies themselves (collectively, the “Service Providers”) for the Service Providers’ provision of air charter and related services rendered by the Service Providers and for no other purpose. In each instance the obligation to render Payment to a Service Provider will arise once the Service Provider sends a request for payment (a “Payment Request”) to you through the Service; provided, however charges for incidentals relating to the air charter may also be charged to your account as provided in “Authorization for Incidental Charges” below.
Payments for Service Providers located in the United States or Canada are processed via Paynode LLC’s Card Processor, Stripe, Inc. Payments for Service Providers located anywhere in the rest of the world are processed via Paynode AB’s Card Processor, Stripe Payments Europe, Ltd.
The Service and the underlying Payment, and certain aspects of the Service and Payment, may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing the Service as well as certain circumstances and conditions associated with your use of the Service. Card Processor may report the Payment, including the Payment Amount (as defined below), and other information relating to you and/or your use of the Service, to the appropriate legal or regulatory authorities, governing bodies or entities when necessary or appropriate pursuant to the laws and regulations governing the Service.
To be eligible to use the Service, you must have a valid debit card or credit card account for a card type accepted by Paynode’s card payment processor t. Other restrictions may apply. You can request to utilize the Service by entering the required information on the Website and agreeing to be bound by these Terms and Conditions and any applicable terms of the Service Provider, including, but not limited to, the Service Provider’s terms and conditions and the Service Provider’s cancellation policy. If approved, we will allow you to utilize the Service to make a Payment and either us or our payment processor will charge your credit card account or bank account in the amount of your Payment (the “Payment Amount”).
We or our Card Processor have the right to refuse to process (or may reverse) any Payment at any time, including but not limited to: (a) if we believe, in our sole discretion, you are using a Service for any illegal or improper purpose or (b) the Payment Amount exceeds the available balance of your available credit line or the available balance in your bank account, (c) we have reason to believe any Payment may not be authorized by you; (d) a Payment would breach any law, rule or regulation applicable to the Service by you or the financial institution which issued your bank account or credit card account; (e) a Payment is not in accordance with any other requirement stated in these Terms and Conditions or any of our policies, procedures or practices or those of our payment processor or as required by applicable law or regulatory requirements; or (f) for our or our payment processor’s protection or yours, we have reasonable cause not to process a Payment request. You agree that neither Paynode, Card Processor, or their respective affiliates will be held responsible or liable to you or any other person for such action except as required by law.
In order to comply with various national, Federal, State, foreign and other laws, rules and regulations, we obtain, verify, and record information that identifies each person who utilizes the Service and/or authorises a Payment through the Service. In order for you to utilize the Service at our Website, we will ask for your name, address, e-mail, and other information, that will help us to identify you. We reserve the right not to provide you with access to the Service or to otherwise authorise a Payment through the Service in our sole discretion. You agree to provide us accurate and complete information we may request in connection with the Service, any Payment, and these Terms and Conditions and for us to share this information with our payment processors at our discretion. We or our Card Processor has the right to disclose your information as required by applicable law or if requested by a government authority or regulatory body to disclose your information.
You represent, warrant and acknowledge that all information you supply to us as part of your use of the Service is truthful, accurate, and complete and your use of the Service does not violate any law, including without limitation, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud. Furthermore, you represent, warrant and acknowledge that you have the necessary authorisations to permit us to share any information you supply as part of your use of the Service with other third parties (including Card Processor).
You must provide all information requested to authorise any Payment through the Service. You agree that providing the requested information and submitting a request for a transaction has the same effect as your written signature and can be used to authorize Payments. You agree that if any person with access to your debit card or credit card provides your debit card or credit card information to us, you will be deemed to have authorized such person to initiate a Payment.
Your Payment to the Service Provider shall be made as identified in these Terms and Conditions. When authorizing Payments through the Service, Payments made using 3DSecure authentication procedures, those Payments shall also be governed by their respective terms of use.
The financial institution that holds your bank or credit card account may impose fees in connection with your use of the Service, which may include foreign currency conversion fees. You should consult your cardholder agreement for an explanation of the fees that may be assessed by your debit card or credit card issuer. Paynode will not assess additional foreign currency conversion fees.
For each Payment you authorise through the Service, you authorize us or our Card Processor to charge against your bank account or credit card account the Payment Amount. We shall have no obligation to effect a Payment unless sufficient funds are available in your credit card account or bank account, and we shall have no liability if a Payment is not effected as a result of the unavailability of sufficient credit. You are responsible if we or our Card Processor makes a Payment you request and, for any reason, we or our Card Processor are unable to collect the funds from your bank account or credit card account, or the Payment is later reversed.
By using the Service, you authorize Paynode or our Card Processor to retain your debit card or credit card information and make additional charges to your account for future incidental expenses charged by the Service Provider in connection with the air charter which is the subject of a Payment. Incidental charges may include items such as catering, ground transportation, de-icing, late departure fees, or other incidental goods and services associated with the air charter.
You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your card. You agree that, to the extent permitted by law, you will assume the entire risk for fraudulent or unintentional use of your card and that neither Paynode, Card Processor or any of their respective affiliates will have any liability for any losses or damages which you or any other person may suffer if you disclose your card information to any other person, including any losses or damages arising out of the disclosure of your card information by the recipient to another person.
Contact the financial institution which issued your debit card or credit card IMMEDIATELY if you believe your card information has been lost or stolen or if any charge to your credit card account or debit to your bank account relating to a Payment authorised through the Service(s) is erroneous or unauthorized.
Communications and notices may be posted on the Website and/or delivered to the email address we have on file for you which was provided by you to us at the time that you authorised the Payment. Notices will be deemed delivered when posted on the Website or sent by email. You agree that these are reasonable procedures for sending and receiving electronic communications.
The Service Providerwill receive the Payment, once the Service Providerconfirms the air charter and/or related services. A Payment is deemed made by you when it is received by Card Processor on behalf of the Service Provider. The Card Processor holds funds on behalf of the Service Provider to which you have authorized the Payment to be made. We have no further liability to you, except as set forth below, when a Payment is authorized by you.
Your Payment may be cancelled for a refund only as determined by the Service Provider in accordance with its cancellation policy. You must agree to the Service Provider’s cancellation policy. To initiate a refund due to cancellation or for any other reason, you must contact Paynode or the Service Provider directly to ensure that such refund is properly authorized outside of the Service. For help with these matters, contact our support team at [email protected].
You have three options with respect to disputes related to a Payment: (1) you may contact Paynode, (2) you may contact the Service Provider directly to raise and/or resolve the dispute, or (3) you may reach out to the financial institution that issued the debit card or credit card used to authorize the Payment to initiate a chargeback to the Service Provider. In the case of a chargeback, we support the dispute management process through to resolution. For help with these matters, contact our support team at [email protected].
A receipt for your Payment will be sent to the e-mail address that you provided to us when you authorised payment through the Service. Note that the e-mail address that you provided to us may be different from the e-mail address that you originally provided to the Service Provider. To obtain a duplicate copy of your receipt, you may contact our support team at [email protected].
To the extent allowed by law, we or our Card Processor have the right to collect from you the amount of any uncollected or reversed Payment, plus any fees assessed and collection expenses, court costs and attorneys’ fees for any services provided by a Service Provider for which you did not tender payment. You may be reported to a collection agency or credit bureau if you fail to tender the Payment Amount you have authorized in accordance with these Terms and Conditions.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) OUR FRAUD; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST PAYNODE, CARD PROCESSOR OR THEIR AFFILIATES FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE IS A REFUND OF THE PAYMENT AMOUNT CHARGED. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF SUCH DAMAGES WERE FORESEEABLE AND NOTWITHSTANDING THAT THE PARTY SUFFERING SUCH DAMAGES MAY HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES COULD ARISE). THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES, AS APPLICABLE, UNDER CONTRACT OR DUE TO PAYNODE’S OR CARD PROCESSORS’S (OR THEIR RESPECTIVE AFFILIATES’) TORT (INCLUDING NEGLIGENCE), BREACH OF STAUTORY DUTY OR OTHERWISE INCLUDING ANY OTHER FAULT, ERROR, OMISSION OR NON- PERFORMANCE, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PAYNODE, CARD PROCESSORS, NOR THEIR AFFILIATES ACCEPT ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A SERVICE PROVIDER OR ANY OTHER PARTY.
These Terms and Conditions, and any dispute arising out of or in connection with these Terms and Conditions (including any non-contractual disputes or claims) are governed by the laws of England and Wales without regard to its conflicts of law rules. Each of the parties to these Terms and Conditions agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions (including any non-contractual disputes or claims).
Except as otherwise set forth in these Terms and Conditions, you agree to release, indemnify, defend, and hold Paynode, Card Processor and their respective affiliates, and their respective officers, directors, employees, sub- contractors, and agents, harmless from and against any claims, liabilities, actions, proceedings, damages, losses, and expenses, (including without limitation attorney’s fees), of any kind arising out of, directly or indirectly, (a) any breach of these Terms and Conditions by you, (b) your actions and omissions in connection with the Service or Payment, and (c) our actions or omissions, provided that they are taken/omitted in accordance with your instructions.
We may use affiliates in the provision of the Service. Each affiliate shall be entitled to avail itself of any and all rights and limitations set forth in these Terms and Conditions as if such affiliate were Paynode itself.
You may not assign or transfer these Terms and Conditions, by operation of law, otherwise without prior written consent from us. Any attempt to assign or transfer these Terms and Conditions without such consent will be null. We may assign or transfer these Terms and Conditions, at our sole discretion, without restriction.
If we fail to insist that you perform any of your obligations under these Terms and Conditions or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, such clauses shall be amended to the minimum extent necessary to render them lawful and enforceable and the remaining clauses will remain in full force and effect.
These Terms and Conditions constitute the entire agreement and understanding between you and us relating to the subject matter set out and supersedes any previous agreement, arrangement, promise, assurance, warranty, representation and understanding whether written, oral or implied between you and us relating to its subject matter. Each party acknowledges that by entering into these Terms and Conditions it does not rely on, and hereby waives any rights it may have to, any statement, representation, assurance, warranty or undertaking (whether written or oral and whether made innocently or negligently) that is not set out in these Terms and Conditions. Each party agrees that it will have no claim for innocent or negligent representation or negligent misstatement based on any statement in these Terms and Conditions. Nothing in these Terms and Conditions excludes liability of either party for fraud.
Your applicable obligations under these Terms and Conditions are given for the benefit of the Card Processor and its and our affiliates. It is intended that each such person may enforce the benefits conferred on it under these Terms and Conditions in accordance with the terms of applicable law entitling them to do so. Save in relation to such persons, these Terms and Conditions do not give any third party the right to enforce any terms hereunder under any applicable law otherwise entitling them to do so. The rights of the parties to rescind or vary these Terms and Conditions are not subject to the consent of any other person.
We may change these Terms and Conditions from time to time, at our sole discretion. We may add new terms or delete or amend existing terms, add new services and discontinue existing services, or convert existing services into new services. By continuing to use the Service(s) after any such change, you agree to be bound by the changed Terms and Conditions for any Payments initiated as of the effective date of such changes.
Our Privacy Policy which is available at https://avinodegroup.com/privacy/ for information about how we collect, use and disclose your information. Disclosed information may include, but is not limited to, your contact information, any information you provide to us, information about the Payment or your use of the Services, and other information relating to financial matters. The information may be disclosed to our affiliates, Card Processor, financial institutions, service providers, and governmental or other regulatory agencies (including law enforcement officials within or outside of the United States).