KAIZENOVAte Stripe Customer Portal
Terms of Service
These Stripe Customer Portal Terms of Service are a legal agreement between Stripe, Inc. (“Stripe”, “we” or “us”) and you, the user of the Stripe Customer Portal service (“you”). By using the Stripe Customer Portal service, you agree to be bound by these terms and conditions.
This policy was updated June 3, 2020.
The Stripe Billing Customer Portal (“Stripe Customer Portal”) is a website maintained by Stripe that enables you to view and modify information about the purchases that you make from Kaizenovate (“Merchant”) that uses Stripe Billing. The Stripe Customer Portal may also enable you to store and manage the payment credentials, such as credit cards and debit cards, that you use to make purchases from Merchant (“Payment Credentials”).
2. Using the Stripe Customer Portal
You will be able to access your Stripe Customer Portal via a mechanism specified and controlled by Merchant. For example, Merchant may choose to use a link from the dashboard that Merchant maintains for you. Regardless of the mechanism used, Merchant is responsible for ensuring that you are the only person able to access your Stripe Customer Portal.
Your Stripe Customer Portal is specific to Merchant. This means that, if you make purchases from other merchants that use Stripe Billing, you would need access to portals for those merchants. You will not be able to view information across portals, and actions that you take on one portal (such as cancelling a subscription, or adding a payment method) will only affect the portal in which you take the action. Also, please be aware that each merchant decides whether or not to provide its customers with access to a Stripe Customer Portal, so just because a merchant uses Stripe Billing does not necessarily mean that you will have access to a portal for that merchant.
3. Information Displayed on the Stripe Customer Portal
Merchant provides us with the Information that is displayed on the Stripe Customer Portal. If you believe that any of the information is incorrect or incomplete, please contact Merchant to request a correction.
4. Stripe’s Role
The Stripe Customer Portal is a mechanism for managing certain aspects of your relationship with Merchant. It doesn’t change or eliminate your obligations to Merchant or your bank or credit card company. You are ultimately responsible for the purchases you make from Merchant, and Merchant, not Stripe, is responsible for providing you the goods or services that you purchase.
Similarly, Stripe does not control the manner in which Merchant offers its goods or services. If you use the Stripe Customer Portal to enroll in a new subscription, or modify an existing subscription, then by doing so you consent to the terms that Merchant specifies for the subscription. These Merchant terms may, for example, limit your ability to subsequently cancel the subscription, or obtain a refund for goods or services that you have already purchased. Please contact Merchant if you have any questions about Merchant’s terms, including its cancellation and refund policies.
5. Restricted Activities
6. Ceasing Use of the Stripe Customer Portal
You may stop using the Stripe Customer Portal at any time. If you do so, you must contact Merchant to request access to information that you were previously able to access via the Stripe Customer Portal, and to make changes to your future purchases from Merchant. Future payments will not be cancelled merely because you stop using the Stripe Customer Portal. To cancel future payments, you must complete the cancellation process on the portal, or contact Merchant directly.
7. Representations and Warranties
By using the Stripe Customer Portal you represent and warrant that you are at least 18 years old, and that you will not use the Stripe Customer Portal for any fraudulent, unlawful or abusive purpose.
The Stripe Customer Portal, including all content, software, functions, materials, and information made available on, provided in connection with, or accessible through the Stripe Customer Portal, are provided “as is.” To the fullest extent permissible by law, Stripe and its affiliates, and their agents and independent contractors (the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever for the Stripe Customer Portal, including the services, content, materials, information and functions made accessible by the Stripe Customer Portal, or for any breach of security associated with the transmission of sensitive information through the Stripe Customer Portal. Each Disclaiming Entity disclaims without limitation all warranties of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the Stripe Customer Portal will be uninterrupted or error free. The Disclaiming Entities will not be responsible for any service interruptions, including system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including whether that information is accurate.
9. Limitations of Liability; Force Majeure
In no event will any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary damages or losses, including damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the use of the Stripe Customer Portal, or any goods, services, or information purchased, received, sold, or paid for by way of the Stripe Customer Portal, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event will the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms of Service or the Stripe Customer Portal exceed $10 US dollars. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated in this Section and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity will have any liability for any failure or delay resulting from any condition beyond the reasonable control of that party, including governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
10. Governing Law
These Terms of Service will be governed by the laws of California, except for California’s choice of law rules, and by applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in San Francisco, California, and each party waives all objections to that jurisdiction and venue.
11. Term and Termination
These Terms of Service apply to you starting on the date you first access or use the Stripe Customer Portal and continue until Stripe terminates these Terms or Service, or until you stop using the Stripe Customer Portal. If after stopping, you start to use the Stripe Customer Portal again, you are consenting to these Terms of Service. We may terminate these Terms of Service at any time for any reason by providing you notice. We may suspend your access to the Stripe Customer Portal, or immediately terminate these Terms of Service, if (i) you use the Stripe Customer Portal in a prohibited manner or otherwise do not comply with any of the provisions of these Terms of Service; or (ii) any Law requires us to do so, in which case you will no longer be able to access the Stripe Customer Portal.
12. Modification of Terms of Service; Notices
We have the right to change or add to these Terms of Service at any time, solely with prospective effect, by posting the changes on our website. We may provide notice to you via email, postings on our website or the Stripe Customer Portal, or through other reasonable means. If you are an existing Stripe Customer Portal user, the changes will come into effect 10 days after we post the changes to our website, and your use of the Stripe Customer Portal more than 10 days after we publish the changes constitutes your acceptance of the modified Terms of Service. In the event that you do not agree with any modification, your sole and exclusive remedy is to stop using the Stripe Customer Portal. You can access a copy of the current Terms of Service on our website at any time. You can find out when these Terms of Service were last changed by checking the “Last updated” date at the top of these Terms of Service.
You may not assign these Terms of Service or any of your rights or obligations, by operation of law or otherwise, without our prior written approval and any attempted assignment will be void. We reserve the right to freely assign these Terms of Service and our rights and obligations to any third party without notice or consent. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of you and us, their successors and permitted assigns.
Upon termination of your use of the Stripe Customer Portal or termination of these Terms of Service for any reason, in addition to this section, the following sections will survive termination: Sections 7 through 16.
Stripe’s failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the section. These Terms of Service constitutes the entire agreement between you and Stripe with respect to your use of the Stripe Customer Portal. These Terms of Service are not intended and will not be construed to create any rights or remedies in any parties other than you and Stripe, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service. These Terms of Service do not limit any rights that Stripe may have under trade secret, copyright, patent or other laws.