PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE PLANET PAYMENT, INC. (“PLANET PAYMENT”) WEBSITE (THE “WEBSITE”) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
NOTHING CONTAINED IN THIS WEBSITE, OR ACCESSIBLE WHETHER BY LINK OR OTHERWISE FROM THIS WEBSITE CONSTITUTES AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY COMMON SHARES OR ANY OTHER SECURITIES OF THE COMPANY IN ANY JURISDICTION. PLANET PAYMENT MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND PLANET PAYMENT DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY PLANET PAYMENT, TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Forward-Looking Statements and Certain Risk Factors
Information contained in this website may include ‘forward-looking statements’. All statements other than statements of historical facts included herein, including, without limitation, those regarding Planet Payment’s financial position, business strategy, plans and objectives of management for future operations (including development plans and objectives relating to Planet Payment’s business) are forward-looking statements. Such forward-looking statements are based on a number of assumptions regarding Planet Payment’s present and future business strategies and the environment in which Planet Payment expects to operate in future, which assumptions may or may not be fulfilled in practice. Actual results may vary materially from the results anticipated by these forward-looking statements as a result of a variety of risk factors, including the risk that implementation, adoption and offering of the Company’s services by processors, acquirers, merchants and others may take longer than anticipated, or may not occur at all, regulatory changes, particularly in China and changes in card association regulations and practices; general economic risk and volume of international travel and commerce and others. These forward-looking statements speak only as to the date on which they were published and cannot be relied upon as a guide to future performance. Planet Payment expressly disclaims any obligation or undertaking to disseminate any updates or revisions to any forward-looking statements contained in this announcement to reflect any changes in its expectations with regard thereto or any change in events, conditions or circumstances on which any statement is based.
An investment in the Company’s shares may involve a higher degree of risk and be less liquid than investment in other companies whose shares are listed on NASDAQ or other public markets in the United States or elsewhere. Many companies whose stock is traded on NASDAQ (including Planet Payment) are at an earlier stage of development than companies, which trade on other public markets. In addition, the trading volumes of the Company’s stock may be relatively low and market makers and brokers in this market often do not hold a significant number of shares to assist in maintaining liquidity. Accordingly, the Company’s Common Shares, may be subject to greater volatility in trading prices and large sale orders may have a greater downward impact on the trading price and liquidity of the Common Shares than would be the case with other companies securities. Shareholders may not be able to sell their shares as quickly as desired or be able to sell them at all or at a desired price. For the avoidance of doubt, the value of the Common Shares can go down as well as up. See the Company’s Quarterly and Annual Reports filed at www.sec.gov and on this website for additional risk factors.
The Company’s shares are traded on NASDAQ in prices denominated in US Dollars. If the source of funds for your investment in the Company’s shares is in a different currency, for example Euro, then the value of an investment in the Common Shares in your original currency (for example Euro) may be affected by adverse currency exchange rate movements, notwithstanding an increase in the price of the Common Shares, relative to the original investment price.
The works of authorship contained in this Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Planet Payment, or a parent, subsidiary or affiliated company. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Planet Payment’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Planet Payment’s proprietary rights. You may download information and print out hard copies of information in this Website for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Planet Payment®, BuyVoice®, FX Assured®, Helping International Customers Feel at Home®, iPAY®, Pay in Your Currency®, The Better Way to Pay®, The Better Way to Pay, Guaranteed®, and Voice Store® are registered trademarks of Planet Payment and Cardholder Choice™, iPAY Tokens™, Planet Switch™ and our logo are additional trademarks of Planet Payment. All other service marks, trademarks and tradenames appearing in this registration statement are the property of their respective owners. Visa®, MasterCard®, and American Express® are the trademarks of their respective owners. The names of other companies and products mentioned on the Website, and other featured words or symbols used to identify the source of products and services, may be the trademarks of their respective owners.
Web Content and Materials
The information on this Website is for information purposes only. It is believed to be reliable, but Planet Payment, does not warrant its completeness, timeliness or accuracy. Materials contained in this Website – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice.
PLANET PAYMENT MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND PLANET PAYMENT, DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY PLANET PAYMENT, TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Links to non- Planet Payment websites are provided solely as references to information on topics that may be useful to the visitors to the Planet Payment Website. Planet Payment has no control over the content of third party websites. If you choose to link to a third party website, Planet Payment makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Planet Payment warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to third party websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
LIMITATION OF LIABILITY
THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE”. PLANET PAYMENT DOES NOT PROVIDE ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. PLANET PAYMENT DISCLAIMS ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. PLANET PAYMENT WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
PLANET PAYMENT DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING PLANET PAYMENT’S RESPONSIBILITIES AND OBLIGATIONS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL PLANET PAYMENT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY RELIANCE ON THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER PLANET PAYMENT HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Planet Payment is a registered Independent Sales Organization/Merchant Services Provider (“ISO/MSP”) for Harris Bank, N.A., Chicago, IL; Merrick Bank Corporation, South Jordan, UT; and Peoples Trust Company, Vancouver BC, Canada.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Planet Payment Website, and the terms of the above disclaimers are governed by the laws of the State of New York.