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Terms and Conditions

Pay Portal

The Pay Portal provides Dealer with an online payment platform accessible through a web site (the “Pay Portal”). The Pay Portal is operated in the United States by HSI USA Inc. dba Hyperwallet and globally by Hyperwallet Systems Inc. (the “Portal Provider”)

Dealer’s use of the Pay Portal constitutes Dealer’s express agreement to the terms of this section, is subject to all other conditions of the Agreement. Dealer is responsible for all activities, acts or omissions that occur in relation to its use of the Pay Portal, including the receipt or transfer of funds.  Dealer consents to the disclosure of all or part of its Pay Portal profile information to the Pay Portal third party service provider for purposes of offering the Pay Portal service, and to Dealer’s financial institution or other third party verification service for account and identity verification purposes.  Any third party to which profile information is transmitted will be bound to maintain confidentiality and use restrictions for the purposes as described herein or in the Portal Provider’s Privacy Policy.

DEALER AGREES THAT ALL FUNDS REFLECTED IN THE BALANCE FIELDS OF ITS PAY PORTAL ARE THE PROPERTY OF 1STDIBS AND CAN BE RECALLED BY 1STDIBS AT ANY TIME OR COLLECTED BY THE PORTAL PROVIDER AS PAYMENT FOR FEES OWED BY 1STDIBS TO THE PORTAL PROVIDER.  Dealer agrees that any and all service fees reflected on its Pay Portal are established pursuant to an agreement between 1stDibs and the Portal Provider.  If Dealer’s Pay Portal charges a fee that Dealer wishes to dispute, Dealer should notify 1stDibs.

As a condition of use of the Pay Portal, Dealer agrees that it will:

  1. not use the Pay Portal for any purpose that is unlawful, fraudulent, deceitful, untruthful, misrepresentative, dishonest or related in any manner to unlawful, unethical or morally questionable activities or is directly or indirectly related to the foregoing;
  2. not tamper, hack, modify, frame, "deep link" or otherwise bypass or attempt to bypass security, functionality, entry points or any other features of the Pay Portal;
  3. not directly or indirectly, either separately or as part of another service, agree to resell the Pay Portal;
  4. abide by all applicable local, provincial, state, national and international laws and regulations;
  5. not use the Pay Portal for any purpose otherwise prohibited by or not intended by these Terms; and
  6. cooperate in the investigation of any suspected unlawful, fraudulent or improper activity.

Dealer’s email address is the primary means used to contact Dealer about matters concerning the Pay Portal. Dealer is responsible for ensuring that Dealer’s email address, and any other address registered on Dealer’s Pay Portal profile, is current and operational at all times.  Dealer represents that Dealer’s email account and all information sent to and from Dealer’s email account is secure and that nobody has access to Dealer’s email account except for Dealer. To the fullest extent permitted, any communications or notifications with respect to Dealer’s Pay Portal may be provided to Dealer or from Dealer in writing or electronically (which includes, without limitation, by email, fax or by posting notice on the web site) and all electronic communications with Dealer shall be deemed to be "in writing".  Technical support for the Pay Portal is provided by the Portal Provider which can be contacted at support@hyperwallet.com.

NO REPRESENTATIONS OR WARRANTIES ARE MADE BY 1STDIBS OR THE PORTAL PROVIDER ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE PAY PORTAL FOR ANY PURPOSE. THE PAY PORTAL IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  1STDIBS AND THE PORTAL PROVIDER HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE PAY PORTAL, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Without limiting the generality of the foregoing, Dealer acknowledge and agree that 1stDibs shall not be responsible for unauthorized access to or alteration of Dealer’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Pay Portal, and shall not be responsible for any loss due to payments to unintended users due to the input by Dealer of incorrect information or for payments in incorrect amounts.

DEALER ACKNOWLEDGES AND AGREES THAT: (I) DEALER IS NOT A THIRD PARTY BENEFICIARY OF ANY CONTRACT BETWEEN 1STDIBS AND THE PORTAL PROVIDER, AND (II) 1STDIBS IS SOLELY RESPONSIBLE FOR PAYING DEALER AND ANY DISPUTE RELATED TO 1STDIBS’ FAILURE TO PAY DEALER SHALL BE SOLELY BETWEEN DEALER AND 1STDIBS. DEALER HEREBY WAIVES ANY RIGHT IT MAY HAVE TO SUE THE PORTAL PROVIDER FOR ITS USE OF THE PAY PORTAL, ANY ERRORS OR DEFECTS THEREIN, OR 1STDIBS’ FAILURE TO PAY DEALER, AND DEALER RELEASES AND DISCHARGES THE PORTAL PROVIDER FROM ANY LIABILITY RELATED TO ANY DISPUTE BETWEEN DEALER AND 1STDIBS.

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