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  Member Terms and Conditions   

User Agreement for a PaY by PiN Account & Related Services   


This Agreement applies to your PaY by PiN Personal Account and affects your rights and you should read it carefully. The PaY by PiN  Account is a Web-based account for consumers and merchants, useful for directing payment by either sending and receiving, purchasing a wide variety of goods and services from numerous merchants that accept PaY by PiN as a method of payment ("Authorized Merchants").

By checking the Consent box on the Account Sign Up page, you agree that you understand and accept the terms and conditions of this Agreement and that this Agreement constitutes the terms of a legally binding contract formed between yourself and WorldWide PIN Corporation ("us" or "we"). We may amend this Agreement at any time, from time to time, by posting the amended terms on our site and your continued use of your PaY by PiN service will constitute acceptance of such amended terms.

I. Definitions and Interpretation

For the purposes of these Terms and Conditions of Use, the following words have the meanings indicated:

  1. "PaY by PiN" is our Internet interface that allows you to manage your  PaY by PiN Account and related services.
  2. "Account" means that account that is personal to you created by us in order to allow you to send/receive money,  make purchases from numerous Authorized Merchants and to keep track of the balance via the Internet.
  3. "Service" means the services provided by us of enabling you to use a PaY by PiN Account that enables you to send/receive money, purchase a wide variety of goods and services from Authorized Merchants and to keep track of your purchases and the outstanding balance from time to time of such Account, the whole pursuant to the terms hereof.
  4. "Agreement" or "Terms" means these Terms and Conditions of Use.
  5. "User" means you or any other user of the Service.

II. User Responsibilities

1. Eligibility. In order to use the Service, (i) you must register for an Account; (ii) you must be at least 18 years of age; (iii) you must be of the age of majority in the jurisdiction where you are domiciled; (iv) you agree to abide by the Terms; and (v) you agree not to use the Service for purposes which would constitute a violation of any applicable law.

2. Multiple Accounts. You may have more than one PaY by PiN account and this account will be  per checking or savings account.

3. Registration Information. You agree to provide us with true, accurate and complete registration information, such as your email address and other coordinates and to maintain and promptly update your information provided to us in the event that any of it should change. You agree to never impersonate any person or use a name, information, or credit card that you are not legally authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right, without limiting other remedies available to us by law, to immediately terminate your use of our Service without prior notice and we, our agents, our suppliers, and our subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You hereby authorize us and our agents, suppliers, and subcontractors to make any inquiries with any third party we and they consider necessary to validate your registration with us. This may include ordering a credit report and/or verifying the information you provide against third party databases.

4. Use of Your PaY by PiN Account. You acknowledge that the purpose of your account is for sending and receiving monies,  purchasing a wide variety of goods and services from Authorized Merchants. You hereby covenant not to use PaY by PiN for any purpose that may be considered to be illegal under any laws applicable to you. We expressly disclaim any liability for use of your PaY by PiN Account for purposes which may be considered illegal under laws which are applicable to you. We make no representation or warranty with respect to the legality of the goods or services offered by any Authorized Merchant and it is solely your responsibility to determine whether such goods or services and the use by you thereof are legal.

5. Initiating Payments. There are two (2) ways you can initiate a payment using PaY by PiN. (A) You may choose to make the Payment by becoming a PaY by PiN member; (B) you can make an eCheck payment directly from your bank account by clicking on  the link ‘Pay by PiN eCheck’ on a Partner’s purchase screen site.

6. Obligation to have Sufficient Funds. When you request a payment or transfer using PaY by PiN or PaY by PiN eCheck, you have to ensure that you have sufficient funds available in the account from which  the Payment is made. When a customer authorizes a Payment, he/she is authorizing PaY by PiN to debit his/her bank account. If there are insufficient funds in your account, you will be subject to an additional fee.

7. Handling Disputes with Other Users. If you have a dispute with a Sender or a Recipient regarding a transaction for which PaY by PiN was used to make a payment, you should contact the other party directly to resolve the problem. For example, if you in a dispute as to an amount owed, the quantity or quality of goods and services purchased, whether or not the goods or services conform to an order or to any represensation or warranty made by the seller or service provider, whether or not goods or services have been shipped, received or performed, or any other aspect of your relationship with a Sender or Recipient. You should also notify PaY by PiN Customer Service at csr@paybypin.com. If WWPIN receives complaints about a Sender or Recipient, the Sender’s or Recipient’s access to PaY by PiN Account may be terminated,  You agree that WWPIN will not be responsible or liable in any manner for any claims which you may have, or any claims made against by you by any person, arising out of any dispute you may have with a Seller or a Recipient.

8. Information on Your Account Activity. PaY by PiN provides comprehensive Web-based tools for you to monitor your account activity and to make any required changes to your profile information. At any time, you may log in to the PaY by PiN Web site to verify your account number, account balance, and transaction history.

9. Correct Email. You represent that you have access to the Internet and to a currently functional email address. For the duration of the application of these Terms to you, you have sole responsibility for providing us with a correct and operational email address. We will not be liable for any undelivered email communications or any costs you incur for maintaining Internet access and an email account. You covenant to promptly notify us of any change in your email or postal mailing address.

10. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your Account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the PaY by PiN Web site and/or delivered to your email address. You agree to check your email once a day and print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right but assume no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us of your decision to do so, by sending an email message to or by telephoning customer service. If you revoke your consent to receive Communications electronically, we may, at our sole discretion, terminate your right to use the Service.

11. Privacy. Please see our Privacy Policy. You agree that you have had an opportunity to review our Privacy Policy. You consent to have your name, email address, date of sign-up, made available as identification to anyone whom you have paid through the PaY by PiN Service.

12. Communications Risk. In the event of the loss or malfunction of any communications device used by yourself or any entity relaying information between you and us, including, for example, a handheld device of yours, payments made since your last connection to the PaY by PiN server may be lost, and we disclaim all liability for any such losses.

13. Not a Bank. You acknowledge that: (i) the Service is not a banking service; (ii) PaY by PiN Personal Accounts (including your Account) are not insured by any government agency of any nation; (iii) the Service is not subject to banking regulations; and (iv) we will invest in liquid assets and that interest earned on those assets will be our property.

14. Passwords. You covenant not to divulge your Account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by Users as the result of their misuse or loss of passwords.

15. Close Account. You may close your Account at any time.

16. Hacking. If you use, or attempt to use, the Service for other purposes, including, but not limited to, tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Service or any of our sites, your Account will be immediately terminated without notice and you will be liable for damages and other penalties, including criminal prosecution where available.

17. Assignability. You may not transfer any rights or obligations you may have under this Agreement without our prior written consent. We reserve the right to transfer any right or obligation under this Agreement without your consent.

18. Indemnification. You agree to indemnify and hold us, our affiliates, our officers, our directors, and our employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) that we or they suffer or incur as a result of or in connection with or arising out of the Service or any third-party claim made in connection therewith.

19. Choice of Law. This Agreement is governed by the laws of  California as such laws are applied to agreements entered into and to be performed entirely within California by Californian residents.

20. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the American Arbitration Rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect your rights and property or ours or those of our agents, suppliers, and subcontractors pending the completion of arbitration.

III. Rights and Disclaimers of WorldWide PIN Corporation

1. Processing. We shall make reasonable efforts to ensure that requests for electronic debits and credits are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system, nor shall we be liable for any actual or consequential damages arising from any claim of delay.

2. Miscellaneous Disclaimers.

  1. We reserve the right to hold funds beyond the normal distribution periods for transactions we deem suspicious in order to ensure the integrity of the funds.
  2. We shall not be responsible for any payments made to unintended Authorized Merchants due to the input of incorrect information by Users or for payments made in incorrect amounts. We shall not be responsible for the verification of the identity of Users.
  3. We shall not be responsible for any information lost due to malfunction or loss of any device, including handheld devices.
  4. We will not have any liability in connection with any unauthorized interception or use of data relating to you or the Service; any inability to use or access the Service or the PaY by PiN Web site for any reason; any actions or transactions by an individual that uses your user name and password; or any cause over which we do not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
  5. Our liability with respect to any transaction shall not exceed the amount represented by the transaction record in connection with such transactions.
  6. ALL WARRANTIES EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OF OUR SERVICE ARE HEREBY DISCLAIMED BY US, OUR AFFILIATES, OUR AGENTS AND OUR LICENSORS. IN ADDITION, WE, OUR AFFILIATES, OUR AGENTS AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, LOSSES, OR CLAIMS IN ANY WAY CONNECTED WITH, OR ARISING OUT OF, THE USE OF THE SERVICE.

We shall use our best efforts to perform the Service provided hereunder; however, we and our affiliates, agents, or licensors shall not be liable for any loss resulting from the Service, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond our reasonable control including, without limitation, acts of God, fire, explosion, earthquake, riot, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. Our obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this agreement by the User.


3. Account Use. You attest that you will not use the Service offered herein for any unlawful, fraudulent or improper activity. If we have reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions, our Service may be immediately suspended or terminated without prior notice. You will cooperate fully with us to investigate any suspected unlawful, fraudulent, or improper activity.

4. Restrictions. At our sole discretion, we reserve the right to restrict or terminate an Account for any one of the events listed below. 

  1. Initiation of a charge back process through your issuing bank;
  2. Receipt of potentially fraudulent funds;
  3. Unconfirmed identity;
  4. The account has been used in or to facilitate fraudulent activity; or
  5. Breach by you of any of the terms and conditions herein.

5. Termination. At our sole discretion, we reserve the right to terminate this Agreement, access to our Web site, or access to Service without notice for any reason and at any time.

6. Trademarks. "PaY by PiN", "PaY by PiN eCheck ", and all related logos, products and services described in this Web site are either trademarks or registered trademarks of ours, and may not be copied, imitated or used, in whole or in part, without the prior written permission. In addition, all our page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

7. Use of Logos. The Service is a payment service, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement is subject to change at any time without notice, and you agree to review the current terms of use prior to initiating a transaction.

 
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