Terms and Conditions
This Terms and Conditions (this “TCs” or “Agreement”) between you and SaftPay Inc., aka SafetyPay, and its affiliates, parents and subsidiaries
(individually and collectively, “we,” “us,” or “SafetyPay”) governs your access to and use of the various websites owned and/or operated by SafetyPay,
including www.safetypay.com (collectively the “Site(s)”) and/or use of the SafetyPay Payment Solution (as
hereinafter defined) as a purchaser of merchandise, goods, or services.
IMPORTANT INFORMATION TO NOTE:
THE SAFETYPAY PAYMENT SOLUTION (AS HEREINAFTER DEFINED) FACILITATES PAYMENTS MADE FROM YOUR OWN FINANCIAL INSTITUTION TO MERCHANTS BASED ON YOUR DIRECT AUTHORIZATION. THIS PAYMENT SOLUTION IS NOT A CREDIT CARD, BANK ACCOUNT OR A GUARANTY OF PAYMENT OR MERCHANDISE.
SAFETYPAY IS NOT A BANKING INSTITUTION: SAFETYPAY PROCESSES PAYMENTS ON BEHALF OF USERS THROUGH THEIR OWN ONLINE BANKING INSTITUTIONS AND BANK ACCOUNTS. SAFETYPAY IS NOT A BANK OR OTHER CHARTERED DEPOSITORY INSTITUTION. ANY FUNDS HELD BY SAFETYPAY IN CONNECTION WITH THE PROCESSING OF ANY PAYMENTS USING THE SAFETYPAY PAYMENT SOLUTION ARE NOT DEPOSIT OBLIGATIONS OF THE USER AND ARE NOT INSURED FOR THE BENEFIT OF THE USER BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY OTHER GOVERNMENT AGENCY.
BY USING THE SAFETYPAY PAYMENT SOLUTION (AS HEREINAFTER DEFINED), ACCESSING THE SITES OR SERVICES, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE GENERAL TCs AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS AND CONDITIONS.
THE SALE AND DELIVERY OF ANY PRODUCTS, MERCHANDISE, OR SERVICES PURCHASED FROM ANY THIRD PARTY MERCHANT USING SAFETYPAY’S PAYMENT SYSTEM SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE RESPECTIVE MERCHANT.
1. Description of the Site:
The www.SafetyPay.com website (the “Site”) is our corporate informational site. The Site contains important information for you, merchants and financial institutions regarding our services, including, but not limited to the SafetyPay Payment Solution. The Site also allows users of the SafetyPay Payment Solution to make customer service inquires and initiate claims.
2. Description of the SafetyPay Payment Solution:
SafetyPay offers an online payment facilitation service allowing a user to purchase merchandise, goods, products and services from any merchant using your own online banking service (the “SafetyPay Payment Solution”). Purchases can only be made from merchants authorized to process transaction by SafetyPay (hereinafter referred to as “Member Merchants”).
The SafetyPay Payment Solution allows you to pay in your local currency through your own trusted financial institution without the need for a credit card. You never need to divulge your personal financial information to merchants/retailers. Once you have made your selections on the Member Merchant’s website and submitted your order by requesting SafetyPay as your payment option, SafetyPay will either connect you to your bank’s online services or provide you with a unique number which represents the tracking number for eventual payment, settlement and possible customer service inquiries (the “Transaction ID”), including but not limited to refunds and claims. To complete the transaction, you will be obligated to log onto your own financial institutions online banking system and validate the transaction. Your financial institution will display all transaction information and ask for your payment authorization. SafetyPay will only facilitate those payments you authorize through your own financial institution. Authorized funds are transferred from your bank account to an account held by SafetyPay. SafetyPay then uses these funds to make a safe payment to the Member Merchant for which you authorized the payment. All shipping and any customer service or product/service complaints will be handled by the Member Merchant.
You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TCs, and to abide by and
comply with these TCs. By using the Sites and/or the SafetyPay Payment Solution you represent and warrant the following:
- a. that you have the right, authority and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement;
- b. that you are in good financial standing with your financial institution;
- c. that you will only authorize any and all payment via your own bank account; and
- d. that you will abide by all rules and regulations of any respective third party merchant and your participating financial institution.
4. Use of SafetyPay Payment Solution:
SafetyPay reserves the right to suspend, change and discontinue the SafetyPay Payment Solution at any time, without notice or liability. SafetyPay does not warrant that the functions contained in the SafetyPay Payment Solution will be uninterrupted or error-free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of a purchase).
- a. Your use of the SafetyPay Payment Solution shall be deemed as your acceptance of these TCs and the terms and conditions of the Member Merchant and your participating financial institution.
- b. You acknowledge and agree that the purchases of goods, merchandise, products or services are transactions between you and the Member Merchant, and not with SafetyPay. SafetyPay is not a party to your purchase transactions and SafetyPay is not a buyer or a seller in connection with any payment transaction utilizing the SafetyPay Payment Solution.
- c. Payment: You agree to authorize payment of your purchase using the SafetyPay Payment Solution via your financial institutions online banking system within the time period designated by the Member Merchant.
If a foreign currency has been selected, SafetyPay will use its own money exchange rate and will add a percentage for foreign exchange risk and provide a calculation for the purchase in your chosen currency. Some merchants will provide their own exchange rate and SafetyPay shall not be liable for any payment calculation based in third party exchange rate.
The foreign exchange risk is used to safeguard against a possible devaluation of the original currency in which we are obligated by contract to pay for your purchase and may be changed without previous notice for these purposes.
In some cases SafetyPay will add administrative charges for using the platform but this will be displayed before the purchase is paid.
- d. Refunds/Claims: For all purchases, you must follow the terms and conditions and the standard procedures for refunds and customer service inquires of each member Merchant where you made your purchase.
- i. Except as set forth in this Agreement, all purchases made using the SafetyPay Payment Solution are non-refundable to you, the customer, by SafetyPay and are non-reversible by you through the SafetyPay Payment Solution.
5. Permissible Transaction.
You may only use the SafetyPay Payment Solution to process a payment through any Member Merchant site for a bona fide sale of a product or service (except as otherwise provided in section 2(a) above). You may not use the SafetyPay Payment Solution to process any payments in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction. You agree that you will not use the SafetyPay Payment Solution to process any payments for products that violate this Agreement including the following:
- i. Gambling services, gambling chips or gambling credits or lottery tickets;
- ii. Bootleg recordings; counterfeit items;
- iii. Embargoed goods;
- iv. Illegal drugs and paraphernalia;
- v. Offensive, racially or culturally insensitive material;
- vi. Adult content, materials, and/or services, including, but not limited to adult books and videos, adult telephone conversations, adult websites,
companion/escort services or miscellaneous adult entertainment;
- vii. Cash;
- viii. Damages, losses, penalties, or fines of any kind;
- ix. Costs or fees over the normal price of Merchant’s goods or services (applicable taxes) or charges that you have not specifically approved;
- x. Overdue amounts, or amounts covering returned or stop-payment checks;
- xi. Sales made by third parties or entities conducting business in industries other than the Merchant’s;
- xii. Amounts that do not represent bona fide sales of goods and services by Merchant’s business (e.g., purchases by Merchant’s owners, their family
members or employees);
- xiii. Illegal business transaction;
- xiv. Money laundering or the financing of terrorist activities; or
- xv. Any other items prohibited by SafetyPay as shall be determined from time to time.
5.a. Interac Association and Acxsys Corporation are in no way involved with SafetyPay’s services, nor do Interac Association and Acxsys Corporation endorse or vouch for SafetyPay’s services in any way.
SafetyPay may communicate with you using any media, including phone or emails, you provide during your customer service request. By submitting a service, communication, newsletter or informational request to the Site, you agree to receive free content and promotional offers from us as well as any of our associated merchants, banks, payment providers or partners.
8. SafetyPay is Not a Banking Institution:
SafetyPay processes payments on behalf of users through their own online banking institutions and bank accounts. SafetyPay is not a bank or other chartered depository institution. Any funds held by SafetyPay in connection with the processing of any payments using the SafetyPay Payment Solution are not deposit obligations of the user and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other government agency.
9. User Responsibility for Taxes:
The reporting and payment of any applicable taxes arising from the use of the SafetyPay Payment Solution is your responsibility. You hereby acknowledge and agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with any purchases.
10. No Endorsement of Products:
SafetyPay does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any product, the truth or accuracy of the description of products, or any advice, opinion, offer, proposal, statement, data, or other information (collectively, “Merchant Content”) displayed or distributed, purchased or paid through the Sites, any Member Merchant site, or through use of the SafetyPay Payment Solution; or (b) the ability of users to buy products or merchants to deliver products. SafetyPay hereby disclaims any liability or responsibility for errors or omissions in any Merchant Content.
11. Use of the Sites/License Grant:
As a user of the Sites, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Sites (and its associated content) in accordance with this Agreement. SafetyPay retains the right to terminate this license, in its sole and absolute discretion, at any time for any reason whatsoever. SafetyPay reserves any rights not explicitly granted in this Agreement.
No part of the Sites and/or SafetyPay Payment Solution may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Sites, the SafetyPay Payment Solution or any portion thereof. SafetyPay reserves the right not explicitly granted in this Agreement. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Sites and/or SafetyPay Payment Solution. You may not take any action that imposes an unreasonable or disproportionately large load on the Sites’ infrastructure.
12. Proprietary Rights of Content:
The content on the Sites, including without limitation, the test, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to SafetyPay, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Sites is strictly prohibited. You do not acquire ownership rights to any Content, Marks, services or other materials viewed at, on or through the Sites or the SafetyPay Payment Solution.
13. Third-party Websites:
The Sites may contain links to other websites owned and operated by SafetyPay, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by SafetyPay, including Member Merchant’ sites. SafetyPay has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Sites, you expressly relieve SafetyPay from any and all liability arising from your use of any third party website, including the Member Merchants’ sites. Furthermore, SafetyPay does not endorse, and is not responsible or liable for any content, advertising, services, products or other materials at or available through such third party websites or resources or for any damages or losses arising there from. Accordingly, you are encouraged to be aware when you leave the Sites and to read the terms and conditions and privacy policies of each other website that you visit.
14. Disputes with Merchants:
By using or accessing the Sites you hereby release SafetyPay, including, but not limited to, its officers, directors, agents, affiliates, parent companies, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with disputes with any Member Merchant. The above not withstanding, SafetyPay reserves the right, but has no obligation, to monitor dispute between you and Member Merchants.
You agree to indemnify, defend and hold harmless SafetyPay, its subsidiaries, directors, officers, owners, agents, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively, “indemnified Parties”), at your expense, from and against any and all claims, demands, causes of action, liability, debt, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by the Indemnified Parties arising out of, related to, or which may arise from: (a) your misuse of the Sites or the SafetyPay Payment Solution; (b) any breach or non-compliance by you of any term of this Agreement, any other SafetyPay policy, or any third party’s terms and conditions; (c) any dispute or litigation caused by your actions or omissions; or (d) negligence or violation or alleged violation of any
law or rights of a third party.
YOU EXPRESSLY AGREE THAT ACCESS TO OR USE OF THE SITES OR THE SAFETYPAY PAYMENT SOLUTION IS AT YOUR SOLE RISK. THE SITES AND THE SAFETYPAY PAYMENT SOLUTION ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND FOR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (IF ANY) THROUGH THE SAFETYPAY PAYMENT SOLUTION. SAFETYPAY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SAFETYPAY PAYMENT SOLUTION FOR, (1) NON-INFRINGEMENT; (2) MERCHANTABILITY; OR (3) FITNESS FOR A PARTICULAR PURPOSE. SAFETYPAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SAFETYPAY PAYMENT SOLUTION WILL BE UNINTERRUPTED OR ERROR FREE. SAFETYPAY SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.
18. Limitations of liability:
In no event shall SafetyPay, its subsidiaries, officers, directors, owners, employees, or agents (the “SafetyPay Parties”) be responsible or liable to user or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with SafetyPay or the SafetyPay Payment Solution, or any goods, services, or information purchased, received, or paid for by way of the SafetyPay Payment Solution, regardless of the type of claim or the nature of the cause of action, even if the SafetyPay Parties have been advised of the possibility of such damage or loss. In no event shall the SafetyPay Parties’ total cumulative liability arising from or relating to this Agreement exceed the net fees SafetyPay has actually received and retained from the user’s valid payment transactions during the three-month period immediately preceding the date of the claim. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the
bargain between the parties.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Sites or the SafetyPay Payment Solution is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. SafetyPay’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provisions nor of the right to enforce such provision, or any other provisions of this Agreement.
YOU EXPRESSLY AUTHORIZE SAFETYPAY TO COMPLY WITH ANY AND ALL LAWFUL NOTICES, SUBPOENAS, COURT ORDERS AND/OR WARRANTS WITHOUT PRIOR NOTICE TO YOU.
20. DISPUTE RESOLUTION:
If a dispute arises between you and SafetyPay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SafetyPay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Site’s support page. We will consider any reasonable request to resolve a dispute.
Choice of Law and Forum
-This Agreement shall be governed in all respects by the laws of the State of Florida without regard to conflict of law provisions. You agree that any claim or dispute you may have against SafetyPay must be resolved by a court located in Miami-Dade County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option Section below. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.
– For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief must resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
– All claims you bring against SafetyPay must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this
Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, SafetyPay may recover
attorneys’ fees and costs up to $1000, provided that SafetyPay has notified you in writing of the improperly filed claim, and you have failed to promptly
withdraw the claim.
21. Modification of Agreement:
SafetyPay reserves the right, in its sole and absolute discretion, to change, modify, or amend any portion of this Agreement at any time without notice. The changes shall be deemed accepted by you, by your continued accessing of the Sites or use of the SafetyPay Payment Solution. Therefore, it is your express obligation to check the Sites frequently to see if there are any changes to any of our policies or these TCs. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Sites and the SafetyPay Payment Solution.
22. Contact Us:
Saftpay, Inc. (dba SafetyPay)
1920 Meridian Avenue, Second Floor
Miami Beach, FL 33139