These Terms of Use (“Terms”) form a legally binding agreement between you (“User”, “Merchant”, “you” or “your”) and B7 Club, with its office at Karaiskaki 13, 3032 Limassol, Cyprus (“B7 Club”, “Company”, “we”, “our” or “us”).
B7 Club operates the payment orchestration and merchant services platform available through the B7 Club website (the “Platform”).
1. Definitions
1.1 “Services” means the payment orchestration, merchant services, technology, connectivity, routing, transaction management and related services made available through B7 Club.
1.2 “Merchant” means a business or legal entity using or applying to use the Services.
1.3 “Payment Provider” means an independent payment service provider, acquirer, payment processor or other regulated financial services provider connected to or accessible through B7 Club.
1.4 “User” means any person or entity accessing or using the Platform or Services.
1.5 “Content” means information, data, software, documentation and other materials made available through the Platform or Website.
1.6 “Applicable Law” means all applicable laws and regulations relevant to the Services, including applicable laws of Cyprus and the European Union, data protection, anti-money laundering, sanctions and other applicable regulatory requirements.
2. Scope of the Services
2.1 B7 Club provides payment orchestration and merchant services technology that enables Merchants to connect with and manage access to multiple independent Payment Providers through a single technological and commercial relationship.
2.2 B7 Club may provide technology for payment routing, transaction management, reporting, connectivity, integration and related merchant services.
2.3 Payment processing, acquiring, settlement and other regulated payment services are provided by the relevant independent and appropriately licensed Payment Provider.
2.4 Unless expressly stated otherwise in a separate written agreement, B7 Club does not receive, hold, safeguard, store, or settle Merchant funds.
2.5 B7 Club does not represent itself as a bank, electronic money institution, payment institution, acquirer or other regulated financial institution unless expressly authorised to provide such services by the relevant competent authority.
2.6 The availability of particular Payment Providers, payment methods, currencies, territories and processing capabilities may depend on the Merchant’s eligibility and the applicable agreements with the relevant Payment Providers.
3. Eligibility
3.1 The Services are available only to persons who have the legal capacity to enter into binding agreements.
3.2 Merchants must be duly incorporated, validly existing and authorised to conduct their business in their jurisdiction.
3.3 By applying for or using the Services, the User represents that all information provided to B7 Club is accurate, complete and current.
3.4 The User must not use the Services in violation of Applicable Law or applicable sanctions.
3.5 B7 Club reserves the right to refuse, suspend or terminate access where eligibility requirements are not satisfied.
4. Merchant Onboarding and Verification
4.1 Access to certain Services may require registration and completion of merchant onboarding procedures.
4.2 B7 Club and/or the relevant Payment Provider may require information and documentation necessary for merchant verification, KYC, KYB, AML, sanctions screening, risk assessment and regulatory compliance.
4.3 Such information may include company registration details, ownership information, director information, identification documents, business information, website information and other relevant documentation.
4.4 B7 Club and/or the relevant Payment Provider may request additional information or documentation at any time where reasonably required.
4.5 Failure to provide required information may result in the suspension, restriction or termination of access to the Services.
5. Provision of Services
5.1 B7 Club will use commercially reasonable efforts to provide the Services in accordance with these Terms and the applicable agreement with the Merchant.
5.2 B7 Club may connect Merchants to one or more independent Payment Providers.
5.3 The availability and terms of processing through a Payment Provider are subject to that provider’s own requirements, approval, agreements and applicable regulations.
5.4 B7 Club does not guarantee approval by any particular Payment Provider or uninterrupted availability of any payment route.
5.5 B7 Club may modify, add or remove Payment Providers, payment routes or technological features where reasonably necessary for operational, commercial, security or regulatory reasons.
6. Fees and Charges
6.1 Fees for B7 Club Services will be specified in the applicable commercial agreement, pricing schedule, order form or invoice.
6.2 Fees charged by independent Payment Providers may be separate and may be subject to their respective agreements and pricing.
6.3 The Merchant is responsible for all applicable taxes, duties and charges arising from its use of the Services.
7. Merchant Responsibilities
7.1 The Merchant shall use the Services in accordance with these Terms, Applicable Law and all applicable Payment Provider requirements.
7.2 The Merchant is responsible for the accuracy and legality of its business activities, products and services.
7.3 The Merchant must maintain appropriate security over its account credentials and promptly notify B7 Club of any suspected unauthorised access.
7.4 The Merchant shall not use the Services for fraudulent, unlawful or prohibited activities.
7.5 The Merchant is responsible for complying with applicable consumer protection, privacy, advertising, tax and other laws applicable to its business.
8. Prohibited Activities
8.1 The Services may not be used for activities prohibited by Applicable Law or by B7 Club or its Payment Providers.
8.2 Prohibited activities may include fraud, money laundering, terrorist financing, sanctions violations, illegal gambling, unlawful sale of goods or services, prohibited financial activities and other restricted activities.
8.3 B7 Club may suspend, restrict or terminate access where it reasonably believes that activity is suspicious, fraudulent, unlawful or contrary to the requirements of B7 Club or a Payment Provider.
8.4 Where required by law, B7 Club may report relevant activity to competent authorities or other appropriate parties.
9. Third-Party Payment Providers
9.1 B7 Club relies on independent Payment Providers for regulated payment processing, acquiring and settlement.
9.2 Each Payment Provider may have separate terms, fees, onboarding requirements, transaction limits and compliance requirements.
9.3 A Merchant may be required to enter into a separate agreement with a Payment Provider where required by that provider or Applicable Law.
9.4 B7 Club is not responsible for the independent regulatory status, availability, policies or services of a third-party Payment Provider.
10. Data Protection
10.1 B7 Club processes personal data in accordance with Applicable Law and its Privacy Policy.
10.2 Personal data may be shared with Payment Providers and other service providers where necessary to provide the Services, comply with legal obligations, prevent fraud or perform contractual obligations.
10.3 Further information regarding the processing of personal data is provided in the B7 Club Privacy Policy and Cookies Policy.
11. Intellectual Property
11.1 All intellectual property rights relating to B7 Club, including its software, technology, trademarks, documentation, Website and Content, are owned by B7 Club or its licensors.
11.2 Subject to these Terms, B7 Club grants the User a limited, non-exclusive, non-transferable and revocable right to access and use the Services for legitimate business purposes.
11.3 The User may not copy, modify, distribute, reverse engineer, reproduce or commercially exploit any part of the Platform without prior written consent, except where permitted by Applicable Law.
12. Third-Party Services
12.1 The Platform may contain integrations with third-party technology providers, Payment Providers, analytics providers and other service providers.
12.2 Third-party services are subject to their own terms and policies.
12.3 B7 Club is not responsible for the independent operation, availability or policies of third-party services.
13. Availability and Disclaimers
13.1 The Services are provided on an “as is” and “as available” basis to the extent permitted by Applicable Law.
13.2 B7 Club does not guarantee uninterrupted, error-free or continuously available access to the Services.
13.3 Payment processing may be declined, delayed, interrupted or unavailable due to circumstances involving a Payment Provider, card scheme, financial institution, technical infrastructure, regulatory requirements or other factors outside B7 Club’s reasonable control.
14. Limitation of Liability
14.1 To the maximum extent permitted by Applicable Law, B7 Club shall not be liable for indirect, incidental, special, consequential or punitive losses, including loss of profits, revenue, goodwill, business opportunities or data.
14.2 To the maximum extent permitted by Applicable Law, the aggregate liability of B7 Club arising under these Terms shall not exceed the total fees actually paid by the relevant Merchant to B7 Club during the six (6) months preceding the event giving rise to the claim.
14.3 Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by Applicable Law.
15. Indemnification
15.1 The User agrees to indemnify and hold harmless B7 Club, its directors, officers, employees and agents against claims, losses, liabilities, costs and reasonable expenses arising from the User’s breach of these Terms, unlawful use of the Services or infringement of third-party rights.
16. Suspension and Termination
16.1 B7 Club may suspend or terminate access to the Services where the Merchant breaches these Terms, fails required verification, engages in prohibited activity, presents a material risk, or where suspension is required for legal, regulatory, security or operational reasons.
16.2 B7 Club may also suspend or restrict Services where required by a Payment Provider or competent authority.
16.3 Termination does not affect rights or obligations accrued before termination.
17. Force Majeure
17.1 B7 Club shall not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, governmental actions, labour disputes, telecommunications failures, internet outages, cyber incidents or failures of third-party infrastructure.
18. Amendments
18.1 B7 Club may update these Terms from time to time.
18.2 Updated Terms will be published on the Website together with the applicable “Last updated” date.
18.3 Continued use of the Services following the effective date of revised Terms constitutes acceptance of the updated Terms, where permitted by Applicable Law.
19. Assignment and Waiver
19.1 The User may not assign or transfer its rights or obligations under these Terms without the prior written consent of B7 Club, except where otherwise permitted by Applicable Law.
19.2 Failure by B7 Club to enforce any provision of these Terms shall not constitute a waiver of that provision.
20. Governing Law and Jurisdiction
20.1 These Terms and any non-contractual obligations arising from or in connection with them shall be governed by the laws of the Republic of Cyprus.
20.2 Subject to any mandatory rights available to the User under Applicable Law, the courts of Limassol, Cyprus shall have jurisdiction over disputes arising from or in connection with these Terms.
21. Complaints and Contact
21.1 Complaints relating to B7 Club’s own Services may be submitted to:
B7 Club Karaiskaki 13 3032 Limassol, CyprusEmail: [email protected]
21.2 Complaints relating specifically to regulated payment processing, acquiring, settlement or other services provided by an independent Payment Provider may need to be submitted directly to that Payment Provider in accordance with its applicable complaints procedure.
21.3 B7 Club will handle complaints relating to its own Services in accordance with its applicable internal complaints procedure and Applicable Law.