Terms and Conditions For Online Payments of Grayfalkon.com
1. Introduction:These terms and conditions (the “Terms and Conditions”) apply to subscribers of certain product(s) of Gray Falkon LLC (“Gray Falkon”) who wish to make payment via an online service (“Customer”). Kindly read these terms and conditions carefully. By authorizing a payment to Gray Falkon through the online payment service provided by Gray Falkon’s vendor, Stripe, Inc. and its affiliated and related entities (Stripe, Inc. and its affiliated and related entities, collectively “Stripe” and such online payment services provided by Stripe, the “Stripe Service”), Customer will be deemed as having accepted these terms and conditions. Gray Falkon reserves all the right to amend these terms and conditions at any time without giving prior notice. Customer understands that by Customer’s continued use of the Stripe Service after a change becomes effective, Customer has agreed to such change. It is the responsibility of Customer to have read the terms and conditions before using the Stripe Service.
2. Key Terms:
Payment(s) through the Stripe Service may only be made with a credit card or debit card. It is the responsibility of Customer to specify its preferred payment method. The Stripe Service is intended to facilitate the continued offering of options to Customer to make payments via various online payment methods.
Before using this Stripe Service, Customer shall make all necessary inquiries about charges or fees payable to their credit/debit card service provider.
The card information supplied by Customer is being provided to, and processed by, Stripe and will not be supplied or processed by Gray Falkon. It is the sole responsibility of Customer to ensure that the information provided by Customer is up to date and correct. It is recommended that Customer make and retain a copy of the transaction for record keeping purposes.
Customer agrees, understands and confirms that information provided via the Stripe Service, which may include, without limitation, details relating to debit/credit cards, transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and neither Gray Falkon nor Stripe have any control over such matters. Neither Gray Falkon nor Stripe accepts or assumes any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a Customer.
The Stripe Service is provided by Stripe. However, neither Stripe nor Gray Falkon gives any assurance, that the information so provided online by Customer, is secure. Information provided by Customer may be read or intercepted by a third party. Neither Gray Falkon nor Stripe accepts or assumes any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a Customer.
The Customer agrees that Gray Falkon or any of its employees will not be held liable by the Customer for any loss or damages arising from Customer’s use of, or reliance upon the information contained on the Gray Falkon website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Gray Falkon’s reasonable control.
3. Debit/Credit Card Details:
Customer warrants, agrees and confirms in connection with its transactions:
Customer is fully and lawfully entitled to use the credit/debit card for payment purposes;
Customer is responsible for ensuring payment details are accurate and complete;
Customer authorizes processing and payment of applicable fees;
Customer agrees to be bound by any rules of its financial institution required for pre-authorized electronic funds transfer transactions and fees associated with pre-authorized transfers;
If Customer permits any individuals to use its payment profile, Customer has authorized that individual to access and use the Stripe Services and Customer is responsible for any transactions that individual initiates or authorizes;
Customer is responsible for ensuring that sufficient funds are available on the nominated card to facilitate payment of fees due to Gray Falkon plus all applicable processing fees due to all third parties (if any).
4. No Warranty:
No warranty, representation or guarantee, express or implied, is given by Gray Falkon in respect of the operation of the Stripe Service.
5. Disclaimer and Limitation of liability:
Gray Falkon is not liable or responsible for any damage, loss of any kind, cost (including legal costs), expenses, direct or indirect losses or consequential damage of any kind which may be suffered or incurred by Customer from use of the Stripe Service. In no event is Gray Falkon responsible for any direct or indirect, special or consequential damages. Customer is solely responsible for hardware and software it uses to access the Stripe Services. Gray Falkon is not responsible for any malfunctions of Customer’s hardware or software or for any computer virus that affects Customer’s systems while using the Stripe Service. Neither Gray Falkon or Stripe shall be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall Gray Falkon or Stripe, or their respective employees, directors, and its third party agents involved in processing, delivering or managing the Stripe Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Stripe Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Stripe Service. Customer agrees that Gray Falkon is not liable for any loss or damages arising from Customer’s use of, or reliance upon the information contained in, the Stripe Services, or any failure to comply with these Terms and Conditions.
6. Claim Resolution:
These Terms and Conditions were written in English. To the extent any translated version conflicts with the English version, the English version controls. In connection with these Terms and Conditions, the laws of the State of Utah will govern without regard to conflict of law provisions. Customer agrees to submit to the exclusive jurisdiction of the courts located in Salt Lake County, Utah, for the resolution of any dispute or claim relating to these Terms and Conditions. Customer and Gray Falkon each waive any right to a trial by jury.
7. Refund/Cancellation Policy:
UPurchase summary shows fees payable to Gray Falkon. Fees paid will not be refunded under any circumstances.
Gray Falkon’s privacy terms located at https://grayfalkon.com/privacy-policy/ shall govern Customer’s use of Gray Falkon’s website and any transmittal of information from Customer to Gray Falkon. For the purpose of online processing of payments, Gray Falkon may share your personal information with Stripe for effectuating Stripe Service. This information shall be strictly up to the legal permissible limit and not exceeding.
Either Customer or Gray Falkon may terminate these Terms and Conditions at any time by giving the other party written notice.
10. Gray Falkon Contact:
If you have any questions regarding these Terms and Conditions, Customer may contact Gray Falkon at: Gray Falkon LLC, 3450 North Triumph Boulevard, Suite 201, Lehi, Utah 84043, Attn: Brandt Madsen or email at firstname.lastname@example.org.