These Terms and Conditions of Service are addressed to Users of the 1click service (the "Service") of Nexi Payments ("Nexi"), who agree to be bound by them by using the Service.
1. General Information
The Service enables merchants operating on the Internet ("Merchants") to collect payments made by their customers more easily. Specifically, the Service allows the User to store payment credentials, such as credit and debit cards ("Payment Credentials"), so that they no longer have to be entered by Merchants who have chosen to use Nexi as their payment provider.
2. Description of the Service
When the User performs the check-out from the website of a Merchant that has enabled the Service, the User will be asked if he or she wants Nexi to store certain identifying information, such as his or her email address and cell phone number ("Nexi Credentials") as well as the Payment Credentials. Information stored as part of Payment Credentials could include information such as the User's name, account number and payment card expiration date, as well as associated information such as billing address and shipping address. Storing the information has the advantage of making payment faster and easier should you decide to use the same website again or that of any other Merchant that makes use of Nexi ("Enabled Merchant").
The User acknowledges that the Service only allows the storage of Payment Credentials; Nexi is therefore not a party to the relationship between the User and the Merchant or to that between the User and his or her bank or payment card company. Nexi shall make every reasonable effort to keep the Payment Credentials secure.
The ultimate responsibility for purchases made using the Service rests with the User. In addition, the responsibility regarding the provision of goods or services purchased using the Service rests with the Merchant. If the User believes that a Merchant has failed to comply with its terms and conditions or return policies, or any other obligation imposed by applicable law, the User shall contact the Merchant directly.
3. Removal and Changes
If you wish to delete your Payment Credentials or change your settings, you may do so during payment on the premises of one of our merchants or through the removal link in the notification email received from Nexi.
4. Representations and Warranties
By using the Service the User confirms that he or she is at least 18 years of age and that he or she will not use the Service for fraudulent, illegal, or illicit purposes.
5. Warranty Exclusions
The Service – including all content, software, features, materials, and information made available or accessible through the Service – is provided "as is." To the fullest extent permitted by law, Nexi makes no representations or warranties of any kind for the services, the content, materials, information, and functions made accessible through the Service or for any security breaches associated with the transmission of sensitive information through the Service. To the fullest extent permitted by law, Nexi disclaims all warranties of any kind with respect to the Service, as well as any warranties of non-infringement, merchantability, or fitness for a particular purpose. Nexi does not warrant that the functionality of the Service will be uninterrupted or error-free. Nexi is not liable for any interruption of the Service, including, but not limited to, system failures or other disruptions that may affect the receipt, processing, acceptance, completion, or settlement of payment transactions, unless such interruption of the Service was caused by Nexi.
6. Disclaimer of Liability by Nexi
Except in cases of wilful misconduct or gross negligence, in no case shall Nexi be responsible or liable to User or any third party, under any circumstances, for any indirect, consequential, special, penalty or exemplary damage or loss, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses that may occur in connection with Nexi or the Service, or any goods, services or information purchased, received, sold or paid for by means of the Service.
In addition to, and without limiting, the foregoing, Nexi disclaims any liability for any failure or delay resulting from any condition beyond its reasonable control, including, but not limited to, governmental action or acts of terrorism, earthquakes, fires, floods, pandemics, wars or other acts of God, strikes or other industrial action, power outages and Internet outages.
7. Applicable Law
These Terms and Conditions are concluded in the Italian language.
These Terms and Conditions and all disputes or claims arising out of, or in connection with, them or their subject matter (including non-contractual disputes or claims) ("Disputes") shall be governed by Italian law.
This section does not affect any prevailing right that the User may have in his or her home country. If the User is a consumer, the courts of the User's home country may have jurisdiction over any Dispute that may arise out of or in connection with these Terms and Conditions of Service.
If you are located in the European Union, we provide you, in accordance with Article 14 of EU Regulation 524/2013 an electronic link to the European Union's online dispute resolution ("ODR") platform. For the purposes of that same EU Regulation, we confirm that you can contact us through the following e-mail address: firstname.lastname@example.org, and that we do not intend to use the platform.
8. Amendment of Terms and Conditions of Service; Communications
Nexi may make changes or additions to these Terms and Conditions of Service at any time, with non-retroactive effect, as well as change, delete, discontinue, or impose conditions on the use of the Service by posting such changes on its website. Nexi may forward communications to you via e-mail, through postings on its website or by using other reasonable means. The changes will become effective ten days after the changes are posted on Nexi's website, and use of the Service more than ten days after the posting of such changes will constitute acceptance of the amended Terms and Conditions of Service. If the User does not intend to accept the changes, the User must discontinue use of the Service. The current and updated text of these Terms and Conditions can be accessed at any time through Nexi's website. The date on which these Terms and Conditions of Service were last amended may be checked by consulting the "Last Updated" date listed at the beginning of these Terms and Conditions of Service.
The User may not assign these Terms and Conditions or any rights or obligations hereunder for any reason. Nexi reserves the right to assign these Terms and Conditions, and its rights and obligations hereunder, to any third party.
10. Miscellaneous Provisions
The User may stop using the Service at any time by stopping making purchases from Enabled Merchants. Upon discontinuation of the use of the Service or termination of these Terms and Conditions for any reason, the following sections will remain in effect in addition to this section: sections 5 through 13 (inclusive).
Failure by Nexi to exercise or enforce any right or provision of the Terms and Conditions does not constitute a waiver of that right or provision. Should any provision of these Terms and Conditions be declared unenforceable or invalid by a court having jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary for these Terms and Conditions to remain otherwise in full force and effect and to remain enforceable between the parties. The headings are for illustrative purposes only and in no way define, limit, interpret, or describe the scope or extent of the relevant sections. These Terms and Conditions of Service, including Nexi's policies applicable to the Service set forth above, constitute the entire agreement between the User and Nexi with respect to the use of the Service. These Terms and Conditions do not and shall not be construed to create any rights for any party other than the User and Nexi, and no third party shall have standing to assert any rights as a third-party beneficiary under these Terms and Conditions. These Terms and Conditions do not limit Nexi's rights under trade secret, copyright, patent, or other statutes.