Terms & Conditions.
Everything you need to know and more about the Occasion service.
The Occasion Service
Starting up with Occasion
Receiving your Funds from Card Transactions
Termination and Other Legal Terms
Section A: The Service
Authorization for Handling of Funds
Pursuant to the Internal Revenue Code, merchant acquiring entities and third party settlement organizations are required to file an information return with the IRS for each calendar year, reporting all payment card transactions and third party network transactions with merchants occurring in that calendar year. You acknowledge that we will report to the Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.
Occasion is responsible for protecting the transmission of Card Data from our software to Spreedly, and will maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk.
You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access Occasion systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from Occasion; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.
Suspicion of Unauthorized or Illegal Use
Card Network Rules
Disclosures and Notices
References to Our Relationship
Section B: Termination and Other General Legal Terms
Effects of Termination
Termination does not relieve you of your obligations as defined in this Agreement and Occasion may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this Agreement, including but not limited to Chargebacks, Fees, Refunds, or other investigations or proceedings.
Upon termination you agree: (i) to immediately cease your use of the Service by removing any scripts from your website (ii) discontinue use of any trademarks and to immediately remove any Occasion references and logos from your Site (iii) or other trademarks to continue to be bound by this Agreement (iv) that the license granted under this Agreement shall end, (v) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.
Your License; Our Trademarks
We may also periodically make available certain Occasion logos, trademarks or other identifiers for your use. If we do so, you will use them subject to and in accordance with Occasion’s then-current trademark usage guidelines.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Occasion under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Occasion does not waive any rights to use similar or related ideas previously known to Occasion, or developed by its employees, or obtained from sources other than you.
Representation and Warranties
Disputes; Choice of Law; Jurisdiction and Venue
Right to Amend
Change of Business
Third Party Services and Links to Other Web Sites