Effective November 4, 2013
These Terms and Conditions govern your use of Commission Processing online portal (the “Portal”).
- Use of the Site. Access to the Portal is only available to registered customers in good standing of Onyx Payments or any of its affiliates (collectively, “Onyx”). You represent and warrant that all information you supplied to Onyx in connection with the registration process to receive a user id and password to the Portal is valid and accurate. Onyx reserves the right to terminate your access to the Portal at any time.
- Authorized Accounts. By enrolling to access your account(s) through the Portal, you agree to view only the accounts for which you have been authorized to access.
- Passwords. You agree that the password that you use to access your account(s) through the Portal is confidential and must be protected as such. If you forget your password, you may contact Onyx to have a new password issued to you. Onyx will not be liable for any claims, damages or expenses arising from a lost or stolen password.
- Availability. Onyx will use reasonable commercial efforts to keep the Portal available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. Onyx cannot promise that access to the Portal will be uninterrupted or available at all times. Onyx assumes no liability or responsibility for any delay, interruption, or downtime.
- Changes. Any aspect of the Portal (including these Terms and Conditions) may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. Your continued use of the Portal signifies your acceptance to any changes or modifications to the Portal (including these Terms and Conditions).
- Ownership Rights. The Portal is the sole and exclusive property of Onyx. Onyx retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Portal. The Portal is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of the Portal may violate such laws.
- No Warranty/Limitation of Liability. Onyx makes no warranty of any kind regarding the Portal which is provided on an "as is" basis. Onyx expressly disclaims any representation or warranty that the Portal will be free from errors, viruses, or other harmful components. IN NO EVENT WILL ONYX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE PORTAL.
- Disputes. The laws of the State of Texas (USA), without regard to its conflict of law rules, governs your use of the Portal. Venue for any disputes or claims regarding your use of the Portal shall be subject to the exclusive jurisdiction of the courts located in Dallas County, Texas (USA).
- OFAC. The U.S. Office of Foreign Assets Control (OFAC) prohibits U.S. companies and citizens from doing business with certain sanctioned countries (such as Cuba, Iran, Iraq, North Korea and Syria), organizations and individuals deemed to be acting on behalf of, or located in certain sanctioned countries, terrorism sponsoring organizations and individuals, and international narcotics traffickers. As a result, Onyx is prohibited from processing commissions for any hotelier or travel agency if doing so would violate any OFAC sanction.
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