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User Agreement
for a PaY by PiN Account
& Related Services
This Agreement applies to
your PaY by PiN Merchant Account, herein referred to as Partner Account and
affects your rights and you should read it carefully. The PaY by PiN Partner
Account is a Web-based account for merchants, useful for directing payment by
either sending and receiving, purchasing a wide variety of goods and services
from other authorized participating merchants that accept PaY by PiN as a method
of payment ("Authorized Merchants").
By checking the agree to
the terms of use box on the Partner 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:
a.
"PaY
by PiN" is our Internet interface that allows you to manage your PaY by PiN
Account and related services.
b.
"Account" means that the account is business in nature to you, created by us in
order to allow you to send/receive money, make purchases from other
participating Merchants and to keep track of the balance via the Internet.
c.
"Service" means the services provided by us of enabling you to use a PaY by PiN
Partner Account that enables you to send/receive money, purchase a wide variety
of goods and services from other participating Authorized Merchants and to keep
track of your transaction status and the outstanding balance from time to time
of such Account, the whole pursuant to the terms hereof.
d.
"Agreement" or "Terms" means these Terms and Conditions of Use.
e.
"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 a Merchant Account; (ii) you have a logal
business license you agree to abide by the Terms; and (iii) 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 Merchant 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
Partner Account.
You acknowledge that the primary purpose of your
Merchant Account is to authorize PaY by PiN to collect monies from your buyers
and depositing them to your choice of business account, for sending and
receiving monies, purchasing goods and services from other participating
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 Merchant 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.
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.
6.
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.
7. 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.
8.
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.
9.
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.
10. Not a Bank.
You acknowledge that: (i) the Service is not a banking service; (ii) PaY by PiN
Merchant Account (including your Account) are not insured by any government
agency of any nation; (iii) the Service is not subject to banking regulations.
11.
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.
12. Close Account.
You may close your Account at any time.
13. 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.
14.
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.
15. Shipping and
Tracking. PaY by PiN will provide the
Partner with an appropriate transaction number, consumer’s shipping address and
consumer email which will provide details as to where the product needs to be
shipped.
16. Depositing the
money. PaY by PiN will deposit the
monies into a Partner’s bank account As provided when you sign up.
17.Consumer Privacy.
All information collected will not be sold, traded, exchanged or forwarded to
any other party. I understand that the consumer address is strictly for the
purpose of shipping the products and services. I nor my company nor my
affiliates will use consumer’s information for any other purpose other than
communicating an order status.
18. Fees.
I understand that when PaY by PiN will not charge a monthly or set up fee, All
fees are transaction based and will be confirmed through a separate contract.
19. 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.
20.
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.
21. 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
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.
a.
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.
b.
We shall not be responsible for any information lost due to malfunction or loss of
any device, including handheld devices.
c.
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.
d.
Our liability with respect to any transaction shall not exceed the amount
represented by the transaction record in connection with such transactions.
e.
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.
a.
Initiation of a charge back process through your issuing bank;
b.
Receipt of potentially fraudulent funds;
c.
Unconfirmed identity;
d.
The account has been used in or to facilitate fraudulent activity; or
e.
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™", "", 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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