PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to www.rtngateway.com!  These Terms of Use describe the terms and conditions applicable to your access and use of the payment gateway www.rtngateway.com made available by RTN Payment Gateway LLC from time to time including but not limited to transactions that you might conduct on the web and mobile versions of the Service from our company website: www.rtngateway.com. This document is a legally binding agreement between you as the Merchant(s)/User(s) of the Site (referred to as “you”, “your” or “User” hereinafter) and www.rtngateway.com (referred to as “we”, “our”, “RTN Pay or www.rtngateway.com” hereinafter).

1. Application and Acceptance of the Terms

1.1 Your access to and use of the Service is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that www.rtngateway.com may publish from time to time.  This document and such other rules and policies of the Site are collectively referred to below as the “Terms”.  By accessing and use of the Site and Service, you agree to accept and be bound by the Terms.  Please do not access or use the Service or the Sites if you do not accept all of the Terms.

1.2 You may not access or use the Service or the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with www.rtngateway.com or (b) you are not permitted to receive any Service under the laws of United States of America or other countries / regions including the country / region in which you are resident or from which you access and use the Service and the Site.

2. Provision of Services

2.1 The Service (or any features within the Service) may vary for different regions. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. www.rtngateway.com may in our sole discretion limit, deny or create different levels of access to and use of the Service (or any features within the Services) with respect to different Users.

2.2 www.rtngateway.com may launch, change, upgrade, impose conditions to, suspend, or stop the Service (or any features within the Service) without prior notice.

3. Your Use of the Service

3.1 RTN Pay grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign in any way, to access and use the Service for your internal business use solely in the United States to manage your establishment and/or conduct associated activities in accordance with these Terms.

4. Restrictions

4.1 User may not provide to third parties the rights of use to the Site or Service by www.rtngateway.com, whether by renting, lending or by granting sub-licenses, without approval of www.rtngateway.com explicitly in writing.

4.2 As a condition of your access to and use of the Site or Service, you agree that you will comply with all applicable laws and regulations when accessing or using the Site or Service. 

4.3 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with www.rtngateway.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from www.rtngateway.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.

5. Third Party Services

5.1 www.rtngateway.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Site. You acknowledge that www.rtngateway.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such websites.

5.2 You agree not to undertake any action to undermine the integrity of the computer systems or networks of www.rtngateway.com and/or any other User nor to gain unauthorized access to such computer systems or networks.

6. Account Registration

6.1 If and when prompted by RTN Pay’s registration process to register and create a “Member” or "Merchant" account ("Account"), you agree to (a) provide true, accurate, current and complete information about yourself and/or your business, and (b) maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, RTN Pay has the right to terminate your Account and refuse any and all current or future use of the Service.

6.2 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with www.rtngateway.com’s approval, one User may only register one-member account on the Sites. www.rtngateway.com may cancel or terminate a User’s member account if there is reason to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, www.rtngateway.com may reject User’s application for registration for any reason.

6.3 Upon registration on the Site, www.rtngateway.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.

6.4 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify www.rtngateway.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

6.5 Member agrees that all use of the Site and Service, and all activities that occur under your account (including without limitation, accepting any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

6.6 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account may cause harm to www.rtngateway.com or other Users of the Site. Member agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, www.rtngateway.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.

7. Member’s Responsibilities

7.1 Each Member represents, warrants and agrees that you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder. 

7.2 Member will be required to provide information or material about your business, etc. as part of the registration process on the Sites for your access to and use of any Service or the member account.  Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

7.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize www.rtngateway.com and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.

7.4 Each Member represents, warrants and agrees that neither the Member nor any of its related persons have been banned or removed by any major payment gateway providers for fraudulent activities.

7.5 The User shall ensure at any time that there are adequate funds for debit payments.

7.6 Costs and expenses arising from debit payments which incur charges through lack of funds or User giving wrong account details, etc. are to be borne by the User and www.rtngateway.com shall not be held liable for same.

7.7 Each Member further represents, warrants and agrees that you shall/are:

a) carry on your activities on the Site in compliance with any applicable laws and regulations;

b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;

c) not use the Service or Site to defraud any person or entity;

d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

e) not engage in spamming or phishing;

f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;

g) not involve attempts to copy, reproduce, exploit or expropriate www.rtngateway.com’s various proprietary directories, databases and listings;

h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

i) not involve in any scheme to undermine the integrity of the data, systems or networks used by www.rtngateway.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;

j) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and

k) not engage in any activities that would otherwise create any liability for www.rtngateway.com.

7.8 Member may not use the Site, Service or member account to engage in activities which are identical or similar to www.rtngateway.com’s business.

7.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for www.rtngateway.com’s provision of the Service, evaluating whether Member has breached the Terms and/or handling any complaint against the Member.  If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, www.rtngateway.com shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension, or termination.

7.10 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Service is in compliance with the same.

7.11 Each Member represents, warrants and agrees that you and your affiliates shall comply with applicable laws and regulations (including without limitation applicable laws and regulations with respect to intellectual property rights, data privacy, anti-money laundering, etc.

7.12 You shall comply fully with the requirements of all applicable federal, state and local laws and regulations related to your use of the Service and provision and use of any cardholder data, customer information and other point of sale data in connection with the Service. You shall not use the Service for illegal purposes.

7.13 You are solely responsible for obtaining all required permits, consents and licenses and monitoring legal developments applicable to the Service and the operation of your business, interpreting applicable laws and regulations, determining the requirements for compliance with all applicable laws and regulations, and maintaining an on-going compliance program.

7.14 You are solely responsible for ensuring the accuracy, quality, integrity, legality and appropriateness of all information and data regarding your business that you provide to RTN Pay or its service providers in connection with the Service. In addition, if applicable, you are solely responsible for verifying that all information and data loaded onto a Device by RTN Pay or its service providers at your request are accurate prior to your business use of such Device. RTN Pay and its service providers disclaim any and all liability arising out of any inaccuracies with respect to any information or data you provide.

If, at any time, you fail to meet any of the above requirements, you should stop using the Service immediately. If www.rtngateway.com reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, www.rtngateway.com may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to, terminating the provision of Service to you, closing relevant business transactions, and terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its members.

8. FEES

18.1     You will be charged and agree to pay the applicable fee to use the service, as displayed in the www.rtngateway.com website , and all applicable taxes (other than taxes based on RTN Pay’s income), duties or other governmental assessments based on your use of the service. If you dispute any amounts you are charged, you must notify RTN Pay in writing within 30 days of incurring the charge that you dispute. If you notify RTN Pay after 30 days, you agree we have no obligation to effect any adjustments or refunds.

9. Breaches by Members

9.1 If any Member breaches any Terms, or if www.rtngateway.com has reasonable grounds to believe that a Member is in breach of any Terms, we shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

  1. suspending or terminating the Member’s account and any and all accounts determined to be related to such account by www.rtngateway.com in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination;
  2. restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

9.2 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

  1. upon complaint or claim from any third party, www.rtngateway.com has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party,
  2. www.rtngateway.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
  3. www.rtngateway.com believes that the Member’s actions may cause financial loss or legal liability to www.rtngateway.com or our affiliates or any other Users.

9.3 www.rtngateway.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, www.rtngateway.com may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. www.rtngateway.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against www.rtngateway.com for such disclosure.

9.4 www.rtngateway.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of the Service or the Site without being liable to the Member if www.rtngateway.com has received notice that the Member is in breach of any agreement with www.rtngateway.com. Also www.rtngateway.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.

9.5 Each User agrees to indemnify www.rtngateway.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your access to or use of the Site or Service or from your breach of the Terms or any Additional Agreements.

10. representation and warranties

10.1 You represent and warrant that: (a) you are validly existing, in good standing and have the right, power, and authority to enter into and perform under these Terms;

10.2 (b) any sales transaction submitted by you (i) is genuine and arises from a genuine sale or service that you directly sold or provided, (ii) accurately describes the goods or services sold and delivered to a purchaser and (iii) represents the correct amount of goods or services purchased from your business;

10.3 (c) you will fulfill all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the consumer;

10.4 (d) you, all transactions initiated by you and your use of the Service will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations and card association rules and regulations;

10.5 (e) except in the ordinary course of business, no sales transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity;

10.6 (f)you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; and

10.7 (g) you are not engaged in and will not accept payment for any illegal activity, in the legal jurisdiction(s) in which you do business or provide goods and/or services.

11. CONSENT TO ELECTRONIC COMMUNICATION

11.1 You agree that RTN Pay, its affiliates and its third party subcontractors and/or agents, may use, in addition to any live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or both, to contact you at the telephone number(s) you have provided, and/or may leave a detailed voice message if you are unable to be reached, even if the number provided is a cellular or wireless number or if you have previously registered on a Do Not Call list or requested not to be contacted for solicitation purposes.

11.2 You consent to receiving commercial electronic messages, including e-mail messages, SMS and text messages, and telephone calls, from RTN Pay, its affiliates and its third party sales contractors and/or agents.

12. Limitation of Liability

12.1 www.rtngateway.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

  1. the use or the inability to use the Site or Service;
  2. unauthorized access by third parties to data or private information of any User;
  3. statements or conduct of any User of the Site or Service; or;
  4. any matters relating to the Site or Service, however arising, including negligence.

12.2 Notwithstanding any of the foregoing provisions, the aggregate liability of www.rtngateway.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Site or Service during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to www.rtngateway.com in exchange for the access to or use of the Site or Service during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Service must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.

12.3 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not www.rtngateway.com has been advised of or should have been aware of the possibility of any such losses arising.

13. Force Majeure

13.1 www.rtngateway.com shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons:

  1.  system shut-down for maintenance;
  2. inability to transmit data due to failures in communications terminals or telecommunications equipment;
  3. systems failure and inability to perform its functions) due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labor strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or
  4. suspension or delay of services or systems failure due to reasons beyond the reasonable control of www.rtngateway.com such as hacker or cyber attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

14. Intellectual Property Rights

14.1 www.rtngateway.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with www.rtngateway.com, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by www.rtngateway.com are hereby reserved.

14.2 "www.rtngateway.com” and related icons and logos are registered trademarks or trademarks or service marks of RTN Pay; and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

14.3 www.rtngateway.com may have independent third parties involved in the provision of the Site or Service (e.g., the authentication and verification service providers).  You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

14.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by www.rtngateway.com and/or its affiliates using User Content pursuant to the Terms shall belong to www.rtngateway.com, which may be freely assignable, licensable or grantable by www.rtngateway.com to any third party or its affiliates.

15. Notices

15.1 All legal notices or demands to or upon www.rtngateway.com shall be made in writing and sent to www.rtngateway.com personally, by courier or certified mail to the following entity and address: 844 W Montgomery St, Milledgeville, GA, United States - 31061.

15.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to www.rtngateway.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:

  1. www.rtngateway.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
  2. immediately upon www.rtngateway.com posting such notice on an area of the Site that is publicly accessible without charge.

15.3 You agree that all agreements, notices, demands, disclosures and other communications that www.rtngateway.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.

16. amendment

16.1 RTN Pay has the right to change or add to these Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that RTN Pay in our sole discretion deem to be reasonable in the circumstances, including such notice on RTN Pay's Website or any other website maintained or owned by RTN Pay. Any use of the Service after RTN Pay's publication of any such changes or providing notice shall constitute your acceptance of these Terms as modified.

17. General Provisions

17.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and www.rtngateway.com with respect to and govern your use of the Site and Service, superseding any prior written or oral agreements in relation to the same subject matter herein.

17.2 www.rtngateway.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms.

17.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

17.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.

17.5 www.rtngateway.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of www.rtngateway.com’s right to act with respect to subsequent or similar breaches.

17.6 www.rtngateway.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of www.rtngateway.com). You may not assign, in whole or part, the Terms to any person or entity.

17.7 This agreement shall be governed by the laws of the United States of America.

17.8 If you have any comments on the Services, we provide to you, you may contact our customer service support line (18553961776 for www.rtngateway.com) with any such feedback or questions.