KigoPay Payor Terms of Service
Last updated: April 24, 2018
These terms (the “Terms”) govern your use of the KigoPay services (“KigoPay”) provided by Kigo, Inc. (“Kigo) and Acapture B.V. (“Acapture”) (“we” “us” or “our”). By using KigoPay, you agree to be bound by these Terms.
Kigo reserves the right to modify these Terms at any time in accordance with this provision. If we change these Terms, we will post the revised Terms on this website and update the “Updated” date at the top of these Terms. Your continued use of KigoPay will constitute acceptance of the revised Terms.
1. KigoPay Services
KigoPay enables you to make online electronic payments to vacation rental property owners and managers (the “Payee”). KigoPay is powered by Acapture B.V. (www.acapture.com), a third-party provider of online payments services. Kigo is not a licensed money transmitter. Payments submitted through KigoPay are processed by Acapture. Payments submitted through KigoPay constitute payment by you (as the “Payor”) directly to the Payee.
2. Your Relationship With Kigo and Acapture
Except for our limited role in processing payments that you authorize or initiate, neither Kigo nor Acapture are involved in any underlying transaction between you and Payee. We are not a bank and do not offer banking services. We are not a selling agent in connection with the booking of your vacation rental property, and we have no control over the quality, fitness, safety, legality or any other aspect of your vacation rental transaction.
3. KigoPay Eligibility
By using KigoPay, you authorize Kigo, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include, without limitation, asking you to provide a form of government identification, or to verify your date of birth, address, and other information we deem necessary to validate your identity and ownership of payment accounts.
4. Payment Authorization
You authorize us to hold, receive and disburse funds in accordance with your payment instructions. When you submit a payment transaction through KigoPay, you authorize us to debit or credit your designated payment account (ACH, credit card or debit card) and transfer such funds to the designated Payee. KigoPay processes your payment and any applicable refunds in accordance with the designated Payee’s booking and cancellation policies. You agree that anyone you authorize to use your KigoPay account may use KigoPay on your behalf and that you will be responsible for any payments made by such person.
5. Transaction Holds and Delays
We may delay, suspend or reject a payment transaction for any reason including, without limitation, if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of these Terms or otherwise subject to dispute or chargeback.
6. Payment Disputes
If a payment dispute arises between you and Payee after KigoPay has processed your payment to Payee, KigoPay is not responsible for resolving your payment dispute. You must resolve your payment dispute directly with the applicable Payee in accordance with the Payee’s booking and cancellation policies. KigoPay may, in its sole discretion, cancel a payment in process prior to settlement to Payee, but has no obligation to do so.
7. Processing Errors
If there is an error in the processing of any payment transaction, you authorize us to debit or credit your designated payment account, as applicable, to correct such error.
8. Payor Representations and Warranties
You represent and warrant to us that: (i) you are at least 18 years old, and capable of (a) performing under these legally-binding Terms and (b) granting the rights, licenses, and authorizations provided herein, (ii) the information you provided when registering for KigoPay is accurate and complete, (iii) you will fulfill all of your obligations pursuant to the underlying transaction for which you submit a payment to a Payee and will resolve any payment dispute directly with such Payee, (iv) you will comply with all laws applicable to any payment transaction processed through KigoPay, and (v) you will not use KigoPay to commit fraud or in any manner that interferes with its use or function. You acknowledge that Kigo is relying on your representations as a condition of providing you with access to KigoPay. If you provide information that Kigo reasonably suspects is inaccurate or incomplete, Kigo may, without limiting any other remedies, suspend or terminate your access to KigoPay.
10. Unclaimed Property
If we are unable to credit (for example, as a refund) the payment account you used to make a payment, and the funds are deemed abandoned under applicable unclaimed property laws, we will send such funds to the appropriate state or jurisdiction.
You will indemnify and hold harmless Kigo and our affiliates (and our/their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any third-party claim, action, audit, investigation, inquiry, or other proceeding arising out of or relating to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, (b) your wrongful or improper use of KigoPay, or (c) any payment transaction submitted by you through KigoPay.
12. Disclaimer of Warranties
KIGO DOES NOT MAKE ANY PROMISES OR WARRANTIES (EXPRESS OR IMPLIED) ABOUT KIGOPAY. KIGOPAY IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN ADDITION, KIGO DISLCAIMS ANY WARRANTY THAT KIGOPAY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
13. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF KIGOPAY REMAINS WITH YOU. TO THE EXTENT KIGO IS FOUND LIABLE UNDER THESE TERMS, YOU AGREE TO THE FOLLOWING: (I) IN NO EVENT SHALL KIGO, OUR AFFILIATES, OR OUR/THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE HEREUNDER FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTED ACCESS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILTY OF KIGO, OUR AFFILIATES, OR OUR/THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS EXCEED THE AMOUNT OF THE PAYMENT TRANSACTION THAT IS THE SUBJECT MATTER OF THE CLAIM.
14. Consent to Electronic Communications and Notices
15. Governing Law and Venue
These Terms are governed solely by the internal laws of the State of Texas, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction. You consent to (and waive any objection to) the personal and exclusive jurisdiction of the federal and state courts of Dallas, Texas.
16. GENERAL TERMS
- Any notices provide by You under these Terms must be in writing and delivered either in person or by commercial overnight carrier to: Kigo, Inc., 2201 Lakeside Boulevard, Richardson, Texas 75082, Attn: KigoPay. Notice will be considered given on the day personally delivered or 1 business day after sent by commercial overnight carrier.
- These Terms comprise the entire agreement between Kigo and you relating to KigoPay and supersedes and cancels any prior agreements, representations and understandings in connection with the subject matter of these Terms.
- If any provision of these Terms is not enforceable, this will not affect any other provision or terms.
- The only way Kigo may waive any of its rights under these Terms is through a specific written waiver signed by its authorized representative. Kigo’s failure to enforce any provision of these Terms will not affect our right to subsequently enforce such provision or any other provisions of these Terms.
- These Terms are between Kigo and you. They do not create any third party beneficiary rights.
- These Terms do not create any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you, Kigo or our affiliates.
- You may not assign to any third party any of your rights or obligations under these Terms.
- Kigo will not be responsible for failure or delay of performance if caused by an act of God; act of war, hostility or sabotage; electrical, internet or telecommunications outage; government restrictions; or other event outside our reasonable control.