Last Update: June 1, 2015
Eligibility for Selfiepay Wallet Use
1. (a) Overview. The selfiepay wallet is an application or app that may be preloaded on, or which you may download onto, your mobile device. In the Terms of Service,we refer to a mobile device that is eligible for use with the selfiepay services as a selfiepay-Enabled Mobile Device. The selfiepay mobile payment wallet application may be made available on multiple mobile device operating systems, but will be available first on the Android. There may be some variation in how the app functions on different operating systems.
◦ More information on selfiepay-Enabled Mobile Devices may be found on websites of the wireless serviceproviders that participate in making the selfiepay services available to you
◦ We reserve the right to add and/or remove the types of mobile devices that are Selfiepay-Enabled Mobile Devices and/or change Wireless Service Providers at any time.
◦ Your account with a Derbywire Provider is linked to the selfiepay-Enabled Mobile payment onto which you oryour Wireless Service Providerdownloaded the Selfiepay Wallet.Before you can activate and use the selfiepay payment wallet, the mobile application must first have activated and confirmed through the selfiepay-Enabled Mobile Device.
2. (b) Eligibility Requirements.
◦ In order to activate and use the selfiepay payment wallet, your bank Account must be current and in good standing.
◦ In order to activate and use your selfiepay payment wallet, you must establish an selfiepay account, as described in Section 6 of the Terms of Service.
◦ In order to activate and use the selfiepay payment wallet, you must provide at least one form of debit and credit during initial registration.
◦ In order to activate and use the selfiepay payment wallet, you must provide six initial photos for facial recognition matching to initiate unless you are in Alabama, where it’s definedtransactional functionality and for sign in access to the application once logged out.
◦ You need the consent of your parent or guardian to activate and use the selfiepay payment wallet if you are a minor (defined as under the age of 18 unless you are in Alabama, where it’s defined as under 19, or Puerto Rico, where it’s defined as under 21. You represent and warrant that you have this consent and that you otherwise have the capacity to enter into the Terms of Service.
(a) selfiepay services
◦ selfiepay has developed a mobile commerce platform (referred to as the selfiepay system) that utilizes smartphone,interactive tv monitors, watches and tablets to use an selfiepay-Enabled Mobile Device to complete purchase transactions using prepaid, credit, debit or other payment products (we refer to these products as Payment Cards, and we refer to purchase transactions as Payment Activity). The selfiepay system also allows you to receive commerce benefits in the form of various promotions, programs, offers, coupons, loyalty programs and location-based features from selfiepay, your wireless service provider, retailers, food establishments, other merchants and other third parties. We refer to the various commerce benefits as Commerce Activities and we refer to the businesses participating in the Commerce Activities as Participating to separate agreements (generally referred to as CardholderMerchants.
◦ Payment Cards are eligible for inclusion in the selfiepay payment wallet. Payment Cards are issued to you by issuers that are participating in the selfiepay system (we refer to these issuers as Participating Issuers).
◦ Participating Issuers may create one or more Payment Card servicing tools (Payment Card Servicing Tools), including issuer websites accessed through the selfiepay &wallet’s in-app browser, and make those Payment Card Servicing Tools available to you in your selfiepay wallet. You may use a Payment Card Servicing Tool to manage your relationship with the issuer of the Payment Card. More information on Participating Issuers may be found at www.selfiepay.co
◦ We refer to any agreement between you and a Participating Merchant in connection with Commerce Activities,such as a loyalty program agreement, as a Commerce Activity Contract. Commerce Activities offered by Participating Merchants are governed entirely by such agreements. You agree that we are not a party to these agreements, nor are we responsible for the content, accuracy or unavailability of any Commerce Activities while using Selfiepay Services.
◦ More information on Participating Merchants and Commerce Activities may be found at and providing your home U.S. postal address. If you request paper copies, you understand and agree that
◦ Certain features of the selfiepay Wallet will not work in certain circumstances, such as when your selfiepay- Enabled Mobile Device is not enabled to share your location with the selfiepay Wallet, when you have not enabled the selfiepay Wallet to send you push notifications, when your selfiepay-Enabled Mobile Device is placed in “Airplane” mode or when you are traveling internationally.
◦ The Terms of Service apply only to your use of the selfiepay Services. The terms of the Payment Cards and Payment Card Servicing Tools are subject to separate agreements (generally referred to as Cardholder Agreements) that you have entered into and/or will enter into with Participating Issuers, and are governed entirely by such agreements. You agree that we are not a party to these agreements, nor are we responsible for the content, accuracy or unavailability of any Payment Cards,Commerce Activities, transactions or purchases while using selfiepay Services.
◦ Your use of the selfiepay-Enabled Mobile Device and any of the wireless services or selfiepay Services may also be subject to separate agreements you may enter into p;with the Wireless Service Providers and other third parties, and is governed entirely by those agreements. You agree that we are not a party to any of those agreements,and have no responsibility for any of the services provided by those third parties.
4 (b) selfiepay User Roles and Permissions/Managing Accounts.
◦ Only one selfiepay Account can exist on an selfiepay-Enabled Mobile Device.
◦ You can access and manage your selfiepay account at any computer from which you are able to access the Internet and login using your photo. Alternatively, you may use the browser on your selfiepay-Enabled Mobile Device; in doing so, however, you may incur data charges to your Wireless Service Provider plan (see Section 4 below).
◦ If you are the person with the Wireless Account relationship with a Wireless Service Provider for your selfiepay-Enabled Mobile Device, or have been designated as an “Authorized User” by the person with the Wireless Account relationship for your selfiepay-Enabled Mobile Device, you can get customer care for your selfiepay Services from your Wireless Service Provider.
◦ You can move your selfiepay Wallet to another selfiepay-Enabled Mobile Device, so long as your new selfiepay-Enabled Mobile Device is also Photos and CoPhotos and Commerce Activities when you move your selfiepay Wallet to another selfiepay-Enabled Mobile Devicemmerce Activities when you move your selfiepay You can move your selfiepay Wallet to another selfiepay-Enabled Mobile Device, so long as your new selfiepay-EnabledPhotos and CoPhotos and Commerce Activities when you move your selfiepay Wallet to another selfiepay-Enabled Mobile Devicemmerce p;connected to a Wireless Service Provider. In certain instances, you may need to update or reactivate your Payment Cards, Merchant Account, Initial Photos and Commerce Activities when you move your selfiepay Wallet to another selfiepay-Enabled Mobile Device (including in nor do the Terms of Service in any way modify any separate agreement you mayinstances where you are moving your Wireless Account to a different Wireless Service Provider).
◦ If your Wireless Account is suspended or terminated, or if you switch to a device that is not an selfiepay- Enabled Mobile Device, or is not with a Wireless Service Provider, selfiepay Services will no longer be available to you, and your selfiepay Account may be terminated. (See Section 14 below.)5 (c) What’s Excluded? selfiepay does not through the selfiepay Services or otherwise:
◦ Set the terms of any purchase, payment, expiration date, or other transaction between you and any Participating Merchant or Participating Issuer; nor do the Terms of Service in any way modify any separate agreement you may have with any third party, including a Commerce Activity Contract, Wireless Service Contract or Cardholder Agreement;
◦ Process payments, or in any way act as or provide the services of a bank or other financial institution or Participating Issuer;
◦ Insure, endorse or assume any liability for any Selfiepay-Enabled Mobile Device or Payment Card you use, any Commerce Activity you engage in, or for products or services you purchase or use by means of the selfiepay services; or,
◦ Control or have any liability for payments, returns, refunds, chargebacks, Commerce Activities or any questions or disputes you may have with any Participating Merchant or Participating Issuer related to any purchase, or with a Wireless Service Provider related to your use of an selfiepay-Enabled Mobile Device or otherwise. The Merchant is responsible for all reimbursements. All transactions on selfiepay’s end are final.
◦ Do not use the selfiepay Services while driving or operating machinery as such use may result in injury to both you and others;
◦ Pay attention to your surroundings, as we will not be responsible or liable for your failure to do so, and
◦ Make sure you safeguard your selfiepay Password and Biometric Signature to avoid unauthorized use.
Usage Fees and Charges
(a) selfiepay charges are standard 2.9% per transaction $0.30 as standard in the USA but will vary dependent on each country we participate for the selfiepay Services. However, we reserve the right to adjust rate in the future.
(b) Possible Wireless Service Provider Fees and Charges; Data Limit Applicability. Your Wireless Service Provider may charge you for text messages and/or data transmitted to or from your selfiepay-Enabled Mobile Device. Text messaging and data transmissions also may be applied against data usage limits set by your Wireless Service Provider and you are solely responsible for such charges. Those messages and transmissions and related charges may be triggered by your usage of the selfiepay Wallet (changes to your Biometric Signature, for example) as well as updates to the selfiepay Wallet, and will appear on your Wireless Service Provider bill pursuant to your Wireless Service Contract. Additionally, roaming and other fees and charges may apply when roaming outside your home service area, including when using your selfiepay-Enabled Mobile Device internationally. You should contact your Wireless Service Provider for complete pricing and other details.(c) Other Possible Third Party Fees and Charges. Participating Issuers and Participating Merchants also may access fees and charges such as annual fees in connection with their Payment Cards and Commerce Activities; you should contact your Participating Issuers or Participating Merchants for complete pricing and other details.
selfiepay Account and Security
(a)User ID, selfiepay Password, Biometric finger print, facial recognition and Security Q&A. You will establish your selfiepay Account as part of the process of activating the selfiepay Wallet with us. The process includes establishing a User ID (i.e., your valid email address), an selfiepay Password, Wallet Biometric set up and signature and setting up Security Questions and Answers. You agree that any information you provide to us, as part of the activation process or otherwise, will be accurate and that you shall keep it current with us. You are responsible for safeguarding your User ID, selfiepay Password, Biometric Signature and Security Answers. You are also responsible for any and all activity that occurs under or in association with your selfiepay Account, including such activity that results from your failing to keep your User ID, selfiepay Password, Biometric Signature and Security Answers secure and confidential. Should you attempt to login with an invalid Biometric Signature , the selfiepay Wallet may become locked, requiring you to reset your Biometric Signature using your User ID, selfiepay Password and Security Answers. We may, in our sole discretion, change or add to the security requirements for using the selfiepay Wallet or any of the other selfiepay Services at any time.
(b) Reporting Unauthorized Use and Loss or Theft. You agree to notify your Wireless Service Provider immediately in the event of any (i) unauthorized use of your selfiepay Services, User ID, selfiepay Password or Biometric Signature or (ii) loss or theft of your selfiepay-Enabled Mobile Device. You will also need to contact each of your Participating Issuers in order to prevent unauthorized access to your Payment Cards, or to restore access to them on another selfiepay-Enabled Mobile Device, as provided for in your related Cardholder Agreements.
(c) Cooperation in Investigation. If you notify your Wireless Service Provider about any unauthorized use or loss or theft of your selfiepay Enabled Mobile Device, or, if we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any investigation and to use any fraud prevention measures we prescribe. Without limiting any other obligations or liability you may have under the Terms of Service, your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with the selfiepay Services or your selfiepay-Enabled Mobile Device.
Use of Website
Users have the right to access our Website utilized to provide the selfiepay Services subject to their agreement to be bound by these Terms of Service. User access to third party web properties that assist selfiepay in providing the selfiepay Services or otherwise communicating or interacting with Users, including social media channels such as Facebook, Twitter and Google, may also be subject to the User’s agreements with providers of those web properties. You agree that we are not a party to these agreements, nor are we responsible for the content, accuracy or unavailability of any of these third party web parties.
(a) Permitted Uses; Content Submissions. You may use the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website (singly or collectively, the Content) solely for your non-commercial, personal purposes and/or to learn about the selfiepay Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Selfiepay reserves complete title and full intellectual property rights in all Content. We may limit the number of times you can visit or log in to the Website within a certain period of time.
(b) Prohibited Uses. Without limiting the generality of any restriction on the use of selfiepay Services elsewhere in the Terms of Service, you agree not to (i) bypass or circumvent measures we may use to prevent, interfere, or limit access to the Website, (ii) use the Website to send altered, deceptive or false source-identifying information, (iii) use the Website to intercept, collect or store personal information about other users, (iv) spam other users or take other actions that may affect the operation or enjoyment of the Website by other users, (v) access, monitor or copy any Content on or in the Website using any robot, spider, scraper or other automated means or any manual process, (vi) send a virus or use any malicious programs or techniques in connection with the Website, (vii) overload or crash the Website, (viii) take any action that might compromise the security of the Website, (ix) render the Website inaccessible to others or otherwise cause damage to the Website or any Content, (x) add to, subtract from, or otherwise modify any Content, (xi) access any Content that is not intended for you, (xii) use the Website in any manner that might interfere with the rights of third parties, (xiii) engage in excessively high volume data transfers or bandwidth use, including by hosting a web server, internet relay chat server or any other server via any use of the Website, or (xiv) attempt any of the foregoing.
(c) Third-Party/User-Generated Content. You are not entitled to acknowledgment or compensation for our use of content that you post to the Website. When you submit content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to selfiepay, its equity owners, agents, and third-party contractors, an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
(e) Idea Submission; Content Moderation. If you submit questions, comments, feedback, suggestions, ideas, or other information, including information and ideas about selfiepay, our Website or other selfiepay Services (collectively, Ideas), your submission of Ideas is voluntary, non-confidential, gratuitous and non-committal. selfiepay owns exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Content posted to the Website is moderated, will not appear immediately, and is not guaranteed to appear. We are under no obligation to you or any other person to moderate user submissions. We may stop moderating the Website at any time. If you unregister from the Website, any Content that you posted to the Website will remain on the Website.
(f) User-Generated Content. You are solely responsible for Content that you submit to selfiepay through the Website and communicate to selfiepay through social media channels. Content that is illegal or prohibited on the Website includes, but is not limited to, Content (or hyperlinks to Content) that (i) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual, (ii) is false, misleading or promotes illegal activities or conduct that is harassing, inflammatory, abusive, threatening, obscene, indecent, sexually explicit, fraudulent, defamatory, libelous, or which is other objectionable or which threatens our business relationships, (iii) is “spam” or contains direct marketing communications, unsolicited advertising, promotional materials or other forms of solicitation or commercial content, (iv) violates (or attempts to violate, or promotes violating) the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person, (v) contains confidential information or trade secrets, (vi) contains any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters), (vii) poses or creates a privacy or security risk to any person, or (viii) is, in selfiepay’ sole determination, objectionable, restricts or inhibits any other person from using or enjoying the Website or which damages the image or rights of selfiepay, its equity owners, other users or third parties.
You affirm, represent, and warrant that any Content you submit to the Website complies with these requirements.Content posted on the Website supplied by third-party users is not an endorsement by, or a representation of the views of, selfiepay.
Communicating with You Electronically
In order for you to use the selfiepay services, you agree that we may communicate agreements, changes to any agreements, notices, disclosures, service alerts, product announcements, surveys and questionnaires and other information or communications (“Information”), and in certain instances information legally required to be provided to you by law (“Legally Required Information”) (collectively, “Electronic Communications”) in connection with providing selfiepay services to you electronically:
◦ Through the selfiepay Wallet,
◦ By posting Electronic Communications at www.selfiepay.co or other selfiepay web properties,
◦ By e-mailing Electronic Communications to the e-mail address on file in your selfiepay account,
◦ By presenting Electronic Communications via push notifications; or
◦ Sending you Electronic Communications via text or multimedia messages to your selfiepay-Enabled Mobile Device.
Certain Electronic Communications, such as text and multimedia messages, may result in usage fees and charges from your Wireless Service Provider (see Section 4 above). Electronic Communications shall be deemed to be received by you when they, or notice of their availability, are sent, provided, posted or otherwise communicated by selfiepay to you in accordance with the Terms of Service. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add selfiepay to your email address book so that you will be able to receive the Electronic Communications we send to you. Your consent to receive Electronic Communications from us does not mean that we must provide all communications electronically. selfiepay may, at our option, deliver communications on paper or through other means if we choose to do so. [We may also require that certain communications from you be delivered to us on paper at a specified address.]
◦ (a) Hardware and Software Necessary to Access and Retain Electronic Communications. In order to access and in certain instances retain Electronic Communications, you will need (or have access to) the following hardware and software:
A computer, tablet or other device with an Internet connection and a current web browser;
An selfiepay-Enabled Mobile Device; A valid email address (your primary email address on file with selfiepay); and Ability to store and/or print Electronic Communications.
◦ We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications from selfiepay. By giving your consent you are confirming that you have access to the necessary equipment and are able to access Electronic Communications and in certain instances print or download a copy of Legally Required Information for your records.
◦ (b) Updating E-Mail Address and Mobile Number You agree to keep your email address and other contact information up to date with us so that we number connected with your selfiepay Account. may provide Electronic Communications to, or otherwise communicate with, you. You may do so by updating your contact information as indicated on our web site, www.selfiepay.co, or in the selfiepay Wallet Settings. If your mobile number changes, your wireless service provider will update the number connected with your selfiepay Account.
◦ (c) Requesting Paper Copies of Legally Required Electronic Communications.If, after you consent to receive Legally Required Information, you would like a paper copy, you may request a copy within 180 days of the date we provided the Legally Required Information to you by contacting us at www.selfiepay.co you a paper copy fee for each copy of a Legally Required Information. However, if you no longer want to receive and providing your home U.S. postal address. If you request paper copies, you understand and agree that selfiepay may charge you a paper copy fee for each copy of a Legally Required Information. However, if you no longer want to receive Electronic Communications, we cannot provide the selfiepay services. You will need to contact your wireless service provider to close your selfiepay account.
Disclaimer and Exclusions for Third-Party Products
You agree to look solely to the applicable Cardholder Agreement and/or terms of purchase or other agreement you may have with a Wireless Service Provider, a Participating Issuer or a Participating Merchant to resolve all questions and disputes regarding selfiepay-Enabled Mobile Devices, transactions, Payment Cards and Commerce Activities.
Services and Facilities:
YOU ACKNOWLEDGE AND AGREE THAT WE (I) HAVE NO RESPONSIBILITY OR LIABILITY FOR OR UNDER ANY OF YOUR AGREEMENTS WITH ANY THIRD PARTIES WHETHER OR NOT IDENTIFIED OR REFERENCED IN THE TERMS OF SERVICE, AND (II) CANNOT AND WILL NOT BE LIABLE FOR ANY ACTS, OMISSIONS MATERIALS, PRODUCTS, OR SERVICES OF ANY OF THEM OR ANY OTHER THIRD PARTY INCLUDING, WITHOUT LIMITATION, (A) ANY MISTAKE IN AUTHENTICATING DATA, FOR SECURITY PURPOSES OR OTHERWISE, (B) VERIFYING WHETHER YOU ARE ELIGIBLE TO COMPLETE THE TRANSACTION OR MAKE THE PAYMENT FOR WHICH YOU ARE ACCESSING THE selfiepay WALLET, (C) ANY MISTAKE BY A PARTICIPATING MERCHANT, PARTICIPATING ISSUER, WIRELESS SERVICE PROVIDER, PAYMENT PROCESSOR OR OTHERWISE IN CONNECTION WITH YOUR COMPLETING A TRANSACTION OR MAKING A PAYMENT, (D) ANY MISTAKE IN TRANSMISSION OF DATA BY ANY THIRD PARTY, (E) ANY FAILURE IN EQUIPMENT, TRANSMISSION SYSTEMS OR THE FAILURE OF THE INTERNET TO TRANSMIT INFORMATION, (F) ANY FAILURE OF YOUR selfiepay-ENABLED MOBILE DEVICE OR ANY EQUIPMENT NECESSARY TO ENABLE THE selfiepay SERVICES, (G) ANY FAILURE OF A PARTICIPATING MERCHANT OR PARTICIPATING ISSUER TO AUTHORIZE A TRANSACTION YOU INITIATED BY MEANS OF THE selfiepay WALLET, OR (H) ANY FAILURE OF A PARTICIPATING MERCHANT TO HONOR OR OTHERWISE ENGAGE IN A COMMERCE ACTIVITY OR ABIDE BY ANY COMMERCE ACTIVITY CONTRACT. THE selfiepay SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND THE TERMS OF SERVICE MAY CONTAIN OTHER DISCLAIMERS, LIMITATIONS AND EXCLUSIONS THAT MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, AND THUS NOT APPLICABLE TO YOU.
Intellectual Property Rights
You acknowledge and agree that selfiepay and/or our licensors own all legal right, title and interest in and to the selfiepay Services, including any trademark (including, for example, selfiepay, more secure payment connections), copyright, patent, trade secret and other intellectual property rights which subsist in the selfiepay services and any collateral and related materials we may distribute in connection with the selfiepay Services (whether those rights are registered or not, and wherever in the world those rights may exist). You agree that you will not use any third-party materials associated with the selfiepay Services in a manner that would infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you. All third-party marks, including the logos of Wireless Service Providers, Participating Issuers and Participating Merchants are the property of their respective owners.
License & Restrictions
Subject to the Terms of Service, selfiepay grants you a limited, revocable, non-exclusive, non-transferable license to use the selfiepay Wallet for the sole purpose of accessing the selfiepay Services for your own individual use on any selfiepay-Enabled Mobile Device you own or control. The foregoing limitation to individual use notwithstanding, if you are an employee of a business entity entering into transactions on behalf of such entity, including with Participating Merchants and through the use of Payment Cards and Commerce Activities, you represent and warrant that, as such entity’s employee and/or agent, you are duly authorized to bind such entity to the Terms of Service and all such transactions effected by means of the selfiepay Services. You agree not to (i) take any action that would jeopardize, limit or interfere with selfiepay and/or our licensors’ rights to the selfiepay Services, (ii) copy, translate, publish or create derivative works of the selfiepay Wallet or any applicable component of the selfiepay Services, (iii) resell, distribute, trade or make any other commercial use, modify, reverse engineer, decompile or disassemble the selfiepay Wallet or any applicable component of the selfiepay Services, or (iv) use the selfiepay Services for illegal or fraudulent purposes. You further agree to use the selfiepay Services for purposes that are permitted by the Terms of Service and in accordance with applicable law and regulation.
Digital Millennium Copyright Act (DMCA) Notice
If you believe that material available through the selfiepay Services infringes the copyright of any third party, notify us by using the notice procedure under the DMCA. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.(d) U.S. Government Users. If you are a U.S. Government end user, the selfiepay Wallet and related documentation are Commercial Items, as that term is defined at 48 C.F.R. §2.101, consisting of Commercial Computer Software and Commercial Computer Software Documentation, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government end user (i) only as Commercial Items, (ii) not as military or defense articles as defined in the International Traffic in Arms Regulations, 22 C.F.R Parts 120-130 or Export Administration Regulations, 15 C.F.R. Parts 700-799), and (iii) with only those rights as are granted to all other end users pursuant to the Terms of Service herein. Unpublished-rights reserved under the copyright laws of the United States.
Your Acts and Omissions
You are solely responsible for your acts and omissions in connection with your use of the selfiepay Services, AND WE WILL NOT HAVE ANY LIABILITY for any claim, action or liability that arises out of or is in any way connected with such acts or omissions. As set forth above, in order to access the selfiepay Wallet you will be required to establish a User ID, selfiepay Password and Biometric Signature. We will have no responsibility or liability if you lose, share or fail to keep confidential any of these credentials.You agree to indemnify, defend and hold harmless selfiepay, its equity owners, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third parties that support the selfiepay Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your misuse of any selfiepay Service or Content, or any violation by you of this Agreement or applicable law.
By registering for selfiepay as a Merchant, you confirm that you will not accept payments or use the Service in connection with the following activities, items or services:
• Adult content
• Alimony, child support, or other court-ordered payments
• Bail bonds
• Bankruptcy lawyers
• Buyers clubs, discount clubs or membership clubs
• Check cashing, or payment for a dishonored check or for an item deemed uncollectible by another merchant
• Computer repair or maintenance services
• Cruise lines
• Credit counseling or credit repair agencies
• Credit protection or identity theft protection services
• Counterfeit or possibly counterfeit goods
• Debt collection, consolidation, or reduction services
• Digital currency
• Direct marketing of subscription offers
• Distressed Property Sales and Marketing
• Door to door sales
• Drugs, alcohol, or drug paraphernalia, or items that may represent them
• Factoring, liquidators, bailiffs, bail bondsmen
• Financial services, such as cash advances, bill payment, loans, prepaid cards, wire transfers, or sales of money orders or foreign currency
• Gambling or betting, including lottery tickets, casino gaming chips, off-track betting, fantasy football, memberships on gambling-related promotional materials, or other solicitation materials, bulk mailinginternet
sites and wagers at races
• Hate, violence, racial intolerance, or the financial exploitation of a crime
• Infomercial merchants
• Internet pharmacies or pharmacy referral sites
• Inbound or outbound telemarketing businesses including lead generation businesses
• Licensed or franchised goods or services, such as Apple products
• Medical equipment
• Multi-level marketing businesses, pyramid or Ponzi schemes
• Obscene or pornographic items
• Pharmaceuticals, including medical marijuana
• Prepaid phone cards or phone services
• Prostitution, escort services, massage parlors, and other potentially sexually related services
• Real estate or motor vehicle sales
• Rebate or upsell programs
• Scrip-dispensing terminal
• Timeshares, timeshare resales and related marketing
• Tobacco, cigarettes, or e-cigarettes
• Unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same
• Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
• Weapons, including replicas and collectible items, or ammunition or other accessories
• Weight loss programs
If you fall within the following exclusions, you will not accept the American Express card:
• Equities (including stocks, bonds, or any other ownership position in a corporation)
• Goods or services to be delivered more than four (4) months in the future, with an intention of gaining return on investment
• Internet auctions
• Political parties
• Telecommunications (including wireless, cable, satellite, wireline, and ISP)
• Travel industry (including car rental, lodging, and other travel tour operators)
You will not accept payments by Google Wallet Instant Buy for any items prohibited by GPC’s content policies, as such policies may be updated from time to time. The current version of GPC’s content policies is posted at ,https://support.google.com/wallet/business/answer/75724.
In addition, you may not use the Service for:
• Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
• Collecting, or attempting to collect, personal information about users or third parties without their consent, or using such information except as necessary to use the Service;
• Sending unsolicited offers, advertisements, proposals, or junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature;
• Accepting payments for goods or services provided by someone other than you;
• Providing yourself or others with a cash advance from a credit card;
• Any illegal purpose, or violating any local, state, national, or international law, including, without limitation, laws governing intellectual property, inflammatory, or that violates the rights of others without limitation, laws governing intellectual property,nflammatory, or that your Account information to determine whether you control an Accountviolatestaxation, and data collection and privacy;nflammatory, or that violatestaxation, and data collection and privacy;
• Defaming, harassing, abusing, threatening, or defrauding others;
• Posting, transmitting, or distributing content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, addresses, common business names, phoneinflammatory, or that violates the rights of others (including rights of publicity or privacy);
• Damaging, disabling, overburdening, or impairing selfiepay, including without limitation, using the Service in an automated manner;
• Interfering with another user’s enjoyment of the Service, by any means, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
• Competing with selfiepay or selfiepay’s business partners;
• Sending or receiving what selfiepay considers to be funds for something that may have resulted from fraud or other illegal behavior;
• Abusing the payment card system or violating the Operating Regulations, in the reasonable opinion of the Networks or selfiepay;
• Acting as a money services business or money transmitter;
• Transferring funds between bank accounts held in the same name;
• Creating an Account that is linked to another Account that has engaged in any of the foregoing activities. selfiepay may use evidence other than your Account information to determine whether you control an Account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.
If selfiepay determines that you have received funds resulting from fraud or a prohibited activity, those funds may be frozen, returned to the Purchaser, or seized.
In addition, if we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, your access to the selfiepay services, and any of your transactions with law enforcement.
Limitation of selfiepay Liability
IN NO EVENT SHALL selfiepay, ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, WIRELESS SERVICE PROVIDERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THE TERMS OF SERVICE OR THE PROVISION OF THE selfiepay SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.WE SHALL NOT BE LIABLE EVEN IF WE ARE UNABLE TO PROVIDE THE selfiepay SERVICES (OR ANY PART THEREOF) OR PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THE TERMS OF SERVICE DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD, OTHER FORCE MAJEURE OR ANY OTHER EVENT BEYOND OUR CONTROL. selfiepay DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES REGARDING THE selfiepay SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE TERMS OF SERVICE CONTAIN OTHER DISCLAIMERS, LIMITATIONS AND EXCLUSIONS THAT MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, AND THUS NOT APPLICABLE TO YOU. THE selfiepay SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. IF YOU ARE DISSATISFIED WITH THE SITE, THE selfiepay WALLET, ANY OTHER selfiepay SERVICE, THE CONTENT OR WITH THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE selfiepay SERVICE.IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE selfiepay SERVICES AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE selfiepay SERVICES (OR ANY DATA STORED IN OR TRANSMITTED THROUGH THE selfiepay SERVICES), WE MAKE NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE selfiepay SERVICES OR PROVIDE THE selfiepay SERVICES ERROR-FREE OR UNINTERRUPTED.
IF, DESPITE THE FOREGOING PROVISIONS, LIABILITY IS NEVERTHELESS IMPOSED ON selfiepay, OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, OR ON ANY OF THEIR RESPECTIVE MANAGERS, WIRELESS SERVICE PROVIDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF THE FOREGOING ENTITIES OR INDIVIDUALS UNDER OR IN CONNECTION WITH THE TERMS OF SERVICE OR OUR PROVISION OF THE selfiepay SERVICES EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE NUMBER OF CLAIMS.
Except as otherwise provided herein, all disputes and claims relating to or arising out of the Terms of Service for your use of the selfiepay Services and any other claims or causes of action relating to the selfiepay Services or the Terms of Service, shall be settled by binding arbitration in the county of your residence. All disputes as to arbitrability or the interpretation or enforceability of this arbitration clause shall be for the court to resolve in accordance with the Federal Arbitration Act. In addition, instead of arbitration, either party may file an individual action in small claims court. (b) The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. Copies of those rules may be obtained from the AAA at www.adr.org or by calling 800-778-7879. We will pay your share of any filing, administrative, or arbitrator fees that the AAA otherwise would required you to pay, unless (1) a court determines that your claim either is not subject to arbitration under this agreement or seeks relieve barred by Section 13(c) below; (2) the value of your claim to you or us exceeds $100,000 (excluding requirements for attorneys’ fees); or (3) the arbitrator determines that your claim is frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b). (c) You and we agree that each may bring claims against the other only in an individual capacity. Such claims may seek relief only for the claimant and not any other customer. Neither you nor we may bring claims as a plaintiff or class member in any purported class, representative or private attorney general proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not award declaratory or injunctive relief that would affect other customers or that is not essential to provide relief for your or our individual claim. If any provision of this paragraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
The Terms of Service will remain in full force and effect until terminated by either you, selfiepay or a Wireless Service Provider pursuant to your Wireless Service Contract. If you wish to terminate, you may do so by closing your selfiepay Account by contacting the customer service department of your Wireless Service Provider. We reserve the right at any time to modify or discontinue, temporarily or permanently, the selfiepay Services, or your access to the selfiepay Services, with or without notice. You agree that we shall NOT BE LIABLE to you or to any third party for any modification, suspension or discontinuance of the selfiepay Services, or your access to the selfiepay Services. The preamble and Sections 1 (except with respect to availability of Terms of Service on mobile device), 2, 3(a), 3(c), 6, 7, 9, 11, 12, 13, 14, 15 and 17 shall indefinitely survive any termination of the Terms of Service.
19 Back to Top 15. Miscellaneous Provisions The Terms of Service contain the entire agreement between you and selfiepay pertaining to your use of the selfiepay Services, and expressly exclude any writings, representations, agreements or understandings not specifically captured or contained herein, whether written or oral. The Terms of Service are governed by the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the U.S. state or territory in which you are domiciled, without regard to the conflicts of laws rules of that state or territory. If any part of the Terms of Service is held to be invalid under the law of a particular U.S. state or territory, that provision will not apply in that U.S. state or territory, and its invalidity will not affect the validity of the balance of the Terms of Service, which shall remain valid and enforceable according to their terms. The failure to enforce any of the Terms of Service on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. You may not assign the Terms of Service without our prior written consent.
The Terms of Service contain the entire agreement between you and selfiepay pertaining to your use of the selfiepay Services, and expressly exclude any writings, representations, agreements or understandings not specifically captured or contained herein, whether written or oral. The Terms of Service are governed by the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the U.S. state or territory in which you are domiciled, without regard to the conflicts of laws rules of that state or territory. If any part of the Terms of Service is held to be invalid under the law of a particular U.S. state or territory, that provision will not apply in that U.S. state or territory, and its invalidity will not affect the validity of the balance of the Terms of Service, which shall remain valid and enforceable according to their terms. The failure to enforce any of the Terms of Service on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. You may not assign the Terms of Service without our prior written consent.
Contacting Appropriate Parties
If have any questions regarding the selfiepay-Enabled Mobile Device, the selfiepay Wallet or any other aspect of the selfiepay Services, please contact your Wireless Service Provider. (The phone number for your Wireless Service Provider is available from the Help Screen in your selfiepay Wallet.) You may also contact the applicable Participating Merchant or Participating Iand tablets to use an selfiepay-Enabled Mobile Device to completessuer for questions relating to transactions, purchases, Payment Cards, Commerce Activities, and Payment Card Servicing Tools.