THIS END USER SERVICES AGREEMENT (“AGREEMENT”) FORMS A LEGAL AGREEMENT BETWEEN YOU AND @YOURGATE, LLC (“AYG”) WITH RESPECT TO YOUR USE OF THE ATYOURGATE PLATFORM AND RELATED SERVICES (THE “ATYOURGATE SERVICE”). AYG IS ALSO THE SERVICE PROVIDER TO MERCHANTS (THE “MERCHANTS”) FROM WHICH YOU MAY PURCHASE GOODS AND/OR SERVICES USING THE ATYOURGATE SERVICE. SOMETIMES AYG IS REFERRED TO AS “WE”, “US” OR “OUR”. THIS AGREEMENT APPLIES TO THE ATYOURGATE SERVICE THAT YOU ARE AUTHORIZED TO USE WHILE THIS AGREEMENT IS IN FORCE. BY CREATING AN AYG ACCOUNT (AS DEFINED BELOW), YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO ACKNOWLEDGE THAT YOUR PURCHASES USING THE ATYOURGATE SERVICE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY MERCHANTS AND MADE AVAILABLE TO YOU PRIOR TO YOUR PURCHASE.
PLEASE NOTE THAT, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, (I) YOUR MERCHANT AND AYG DO NOT PROVIDE WARRANTIES FOR THE ATYOURGATE SERVICE AND (II) THIS AGREEMENT CONTAINS LANGUAGE THAT LIMITS THE MERCHANTS’ AND AYG’S LIABILITY. CONSEQUENTLY, PLEASE READ SECTIONS 9, 10, AND 11 OF THIS AGREEMENT CAREFULLY.
1. SERVICE DESCRIPTION:
- The ATYOURGATE Service allows you to pay for and order goods using a mobile application.
- You have the option to pick up goods or have the goods delivered.
- You can order using the order for “now” or using the “order later” feature and, in either case, will be notified when the order is ready for delivery.
- Orders may only be paid for by using Visa or MasterCard.
- The AtYourGate Service is available on iOS and Android.
2. CREATION OF ATYOURGATE SERVICE ACCOUNT
You can register and create your personal account (“ATYOURGATE Account”) on the ATYOURGATE Service by entering your email and creating a password.
3. CONTENTS OF ATYOURGATE ACCOUNT:
Your ATYOURGATE Account contains the following information: your first name, last name, phone number, email address, gender (optional), birth date, country, and postal code. All information pertaining to your order and purchase history is maintained by AYG for a period of seven (7) years, including without limitation, your name, the date and time each of your orders was placed, details of your orders, frequency of your orders, purchase amounts, your address for delivery of orders, and your mobile phone number.
4. YOU ARE RESPONSIBLE FOR YOUR ATYOURGATE ACCOUNT
You are solely responsible for all activities that take place with your email and password (“Credentials”), and you are responsible to ensure that you and only you use your Credentials to access your ATYOURGATE Account. You are responsible for maintaining the confidentiality of your Credentials and are similarly responsible for all uses of your ATYOURGATE Account with such Credentials whether or not such uses are authorized by you. You must immediately notify AYG by email at firstname.lastname@example.org if the security of your ATYOURGATE Account has been compromised in any way. The Merchant(s) and/or AYG is not required to confirm the identity or the access right of any individual who uses your Credentials to access your ATYOURGATE Account. Non-personal and commercial accounts are prohibited under the ATYOURGATE Service.
Subject to the provisions hereof, once the ATYOURGATE Account is created by you, you will be able to access and use your ATYOURGATE Account until you decide to terminate your ATYOURGATE Account. AYG may cease providing you with the ATYOURGATE Service: (i) if you do not comply with this Agreement; (ii) if termination or suspension is necessary to prevent threats to the privacy, security, and integrity of your data or the data of other users or to the performance or availability of the ATYOURGATE Service; (iii) to comply with any applicable law or court order; and/or (iv) AYG discontinues the provision of the ATYOURGATE Service. You may terminate this Agreement and terminate your ATYOURGATE Account at any time by removing the ATYOURGATE application from your mobile device. Upon termination of your ATYOURGATE Account, AYG will maintain a copy of your ATYOURGATE Account for a period of seven (7) years from your last transaction or from the creation of your ATYOURGATE Account, as the case may be, subject to AYG’s standard back-up procedures.
6. PRIVACY AND SECURITY
We are committed to protecting the security of your personal information. AYG and the Merchants apply industry-standard safeguards to protect the confidentiality of your personal information. The systems used to provide the ATYOURGATE Services use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, the personal information within your ATYOURGATE Account is stored on computer servers, with limited access, and which are located in controlled facilities. Data encryption is used during transmission of personal information. The ATYOURGATE Service allows you to change your password at any time, as you deem necessary (we recommend a change of password every 90 days).
7. USE OF THE ATYOURGATE SERVICE
You may start using the ATYOURGATE Service upon completing the sign-up process and agreeing to the terms of this Agreement. While using the ATYOURGATE Service, you will comply with the terms set forth herein, which includes that you will (i) comply with applicable laws and regulations; (ii) maintain the confidentiality of your ATYOURGATE Account (including Credentials) and all of uses of your ATYOURGATE Account; (iii) promptly notify us if you observe or learn of a privacy/security breach related to the ATYOURGATE Service; (iv) be responsible to communicate with any applicable Merchant if you notice that the data within your ATYOURGATE Account is not accurate and/or exhaustive; and (v) indemnify the Merchant and AYG for your failure to comply with the above.
In using the ATYOURGATE Service you agree not to:
- use or permit any other party to: use the ATYOURGATE Service to perform any activity that violates any applicable laws or terms of this Agreement and/or, if applicable, use the ATYOURGATE Service to transmit or send any inappropriate, improper, excessive, threatening, or obscene material or to otherwise harass, offend, threaten, embarrass, distress, or invade the privacy of any individual or entity;
- engage in any activity that could compromise the security of or disrupt or interfere with the ATYOURGATE Service or any network or computers on the Internet or disrupt or interfere with the services of any third party;
- invade anyone's privacy by any means, including but not limited to, by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
- knowingly provide false or misleading information to AYG or the Merchants;
- circumvent, decrypt, or bypass any technology that is used to protect the ATYOURGATE Service;
- perform any activity that would harm or disrupt another user’s device or would allow others to illegally access software or bypass security on web sites or servers, including but not limited to spamming;
- resell, rent or redistribute the ATYOURGATE Service; and
- disassemble, decompile, or reverse engineer any software included and/or used in the ATYOURGATE Service, except and only to the extent that the law expressly permits this activity.
In using the ATYOURGATE Service, you further agree to the following:
- You agree that all orders of goods made and confirmed through the ATYOURGATE Service are final. You agree to be responsible for any mistake made at the time of the order and for any order made via your account or device, whether or not authorized by you. Any purchase of products shall be in accordance with the prices and purchase options set forth at the time of purchase. You are responsible to pay all sales, use, property, service, or other taxes in connection with the product(s) purchased.
- Any issue or complaint regarding the ordered items should be addressed to AYG via phone or email: email@example.com or 844-266-GATE.
- If you order goods that are restricted by age through the ATYOURGATE Service, you acknowledge and agree or confirm that you are of legal age to order said goods in the jurisdiction where the goods are being ordered and consumed. You are hereby advised that you may be requested to show a recognized government-issued ID at the time of the delivery. Should you not have the requested ID, you will still be responsible for the payment of the goods ordered via the ATYOURGATE Service.
- You are hereby advised that you may be requested to show a recognized government-issued ID at the time of the delivery or pick-up of any goods to confirm your identity.
- Estimated times for deliveries and pick-ups are provided by the applicable Merchant and are only estimates.
- You acknowledge that a Merchant may accept or reject an order at any time. AYG will notify you (generally by email) as soon as reasonably practicable if a Merchant rejects your order. However, we do not guarantee that any Merchant will accept your order(s).
- By creating an ATYOURGATE Account, you acknowledge that AYG may need to send you communication or data via email or text regarding the ATYOURGATE Service, including, but not limited to, notices about your use of the ATYOURGATE Service, updates to the ATYOURGATE Service, and promotions regarding additional products and services offered through the ATYOURGATE Service. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided in such message.
8. HOW WE AND THE MERCHANTS USE YOUR PERSONAL INFORMATION
Merchants may have additional terms and conditions relating to the collection, use, and disclosure of your personal information. Any such additional terms and conditions will be made available for your review prior to you making a purchase from such Merchant.
Aggregated Personal Information. You accept and consent (i) that AYG and its service providers, and/or the Merchants may use your Personal Information to which it has access as part of the delivery of the ATYOURGATE Services and for statistical purposes and (ii) that AYG may use and share non-identifying information derived from your Personal Information to third parties for the delivery by AYG or a third party of business intelligence services (including analytical consultation services).
9. WARRANTY AND DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES IN YOUR JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT AYG AND THE MERCHANTS PROVIDE THE ATYOURGATE SERVICE ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF SAME IS STRICTLY AT YOUR OWN RISK, WITH NO ADDITIONAL REPRESENTATIONS, CONDITIONS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOUR MERCHANT DOES NOT GUARANTEE TIMELY, ERROR-FREE, OR UNINTERRUPTED ATYOURGATE SERVICE OR THE ACCURACY AND COMPLETENESS OF YOUR ATYOURGATE ACCOUNT OR TIMELINESS OF INFORMATION AVAILABLE FROM THE ATYOURGATE SERVICE. THE ATYOURGATE SERVICE MAY FAIL OR BE INTERRUPTED FOR REASONS INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, TECHNICAL LIMITATIONS, DEFECTS OR FAILURES, LIMITATIONS OF THE SYSTEMS OF TELECOMMUNICATIONS COMPANIES, EMERGENCY, OR PUBLIC SAFETY REQUIREMENTS, OR CAUSES BEYOND YOUR MERCHANTS’ OR ITS OPERATOR’S REASONABLE CONTROL.
10. LIABILITY LIMITATION
- EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU HEREBY AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, YOU CAN ONLY RECOVER FROM AYG OR ANY APPLICABLE MERCHANT THE DAMAGES THAT ARE DIRECTLY ARISING FROM A FAILURE BY AYG OR ANY APPLICABLE MERCHANT TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND IN ANY EVENT THE TOTAL CUMULATIVE AMOUNT WHICH YOU CAN RECOVER SHALL NOT EXCEED THE PURCHASE PRICE OF YOUR LAST ORDER. IN ADDITION, NONE OF AYG, ANY APPLICABLE MERCHANT, ANY SERVICE PROVIDER OR ANY APPLICABLE OPERATOR, OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES SHALL BE LIABLE TO YOU (OR ANY THIRD PARTY) FOR ANY CLAIM, LOSS, COST, EXPENSE, OR DAMAGE WHATSOEVER, INCLUDING (A) PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES; (B) LOSS OF PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER ECONOMIC LOSS OF ANY NATURE; (C) LOSS OF USE, LOSS OF DATA, LACK OF AVAILABILITY OF YOUR DATA, OR THIRD PARTY MATERIALS; (D) INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; (E) ANY DAMAGES WHATSOEVER RELATING TO THE USAGE OF THIRD PARTY PRODUCTS OR SERVICES (INCLUDING APPLICATIONS AND/OR DEVICES) ACCESSED THROUGH THE ATYOURGATE SERVICES OR NOT; OR (F) ANY DAMAGES WHATSOEVER RELATING TO BUSINESS INTERRUPTION, DELAYS, VIRUSES, OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS, USE, AND/OR RELIABILITY OF THE ATYOURGATE SERVICES, INCOMPATIBILITY BETWEEN THE ATYOURGATE SERVICE AND OTHER SERVICES, SOFTWARE, AND HARDWARE. IN NO EVENT WILL AYG OR ANY MERCHANT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. AYG AND THE MERCHANTS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE ATYOURGATE SERVICE IS AT YOUR RISK.
- BY ACCESSING THE ATYOURGATE SERVICE, YOU HEREBY RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND AFFILIATES OF THE FOREGOING, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS, AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED, INCLUDING NEGLIGENCE), AND INCLUDING REASONABLE ATTORNEYS’ FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE ATYOURGATE SERVICE; AND (III) YOU ENTERING INTO AN AGREEMENT WITH ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, OWNERS, VENDORS AND OTHER USERS OF THE ATYOURGATE SERVICE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR OF IMPLIED CONDITIONS OR WARRANTIES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION CONSTITUTE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS, THE FEES THAT ANY APPLICABLE MERCHANT WOULD BE REQUIRED TO PAY WOULD BE SUBSTANTIALLY HIGHER AND WOULD IMPACT ANY APPLICABLE MERCHANT’S ABILITY TO OFFER AND YOUR ABILITY TO RECEIVE AND USE THE ATYOURGATE SERVICE IN YOUR JURISDICTION.
- This Agreement constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes all previous agreements or representations, oral or written, with respect thereto. The waiver or failure of the Merchant to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. If a court determines that any provision of this Agreement is wholly or partially invalid or unenforceable, such invalid or unenforceable provision will be regarded as excluded from this Agreement to the extent of such invalidity or unenforceability and the other provisions of this Agreement will remain in force and not be affected thereby. The Merchant and or AYG shall have the right to retain subcontractors to perform the ATYOURGATE Service.
- FORCE MAJEURE. No party shall be responsible for failure or delay in performance hereunder, by reason of fire, interruptions, failures, or defects in internet, telephone, or other interconnection service, interruptions, failures, or defects in electronics or mechanical equipment, flood, riot, strikes, labor disputes, or freight embargoes, acts of god or of the public enemy, war or civil disturbances, any future laws, rules, regulations, or acts of any government (including any orders, rules, or regulations issued by any official or agency or such government) or any event beyond the reasonable control of a party affecting a party that would delay or prohibit performance hereunder (a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party whose performance is so affected shall promptly give notice to the other party of the occurrence or circumstance upon which it intends to rely to excuse its performance.
- ASSIGNMENT. You may not transfer or assign your rights or obligations under this Agreement nor can you transfer or assign your rights to use any part of the ATYOURGATE Service. This Agreement is solely for the benefit of the Merchants, AYG, and you and is not for the benefit of any other third parties.
- NOTICES. Any notice, request, demand, or other communication required or permitted hereunder may be delivered in electronic form. We or a Merchant may notify you:
- by email at the e-mail address you specified when you signed up for the Service, or
- by notice directly in your ATYOURGATE Account
- Any such notice, request, demand, or other communication shall be deemed to have been delivered when received by the party to whom it was addressed.
- GOVERNING LAW AND JURISDICTION. This Agreement and performance hereunder shall be governed by the laws of California. Any claim or dispute between you and us that arises from your use of the ATYOURGATE Service or any agreement between you and us shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. You hereby expressly consent to the personal jurisdiction of the Federal and State courts located in Orange County, California and waive any objections to the laying of venue in such courts. If you have any questions or concerns, please contact us at 844-266-GATE
12. THIRD-PARTY BENEFICIARY. You further acknowledge and agree that Paysafe Merchant Services Corp. or any of its affiliated entities is a service provider to AYG and in that capacity, is a third-party beneficiary of this Agreement and may take any actions reasonably necessary to exercise and enforce any of the rights of AYG under the Agreement.