PayTap TERMS OF USE FOR CUSTOMERs

Description of PayTap

PayTap (the “Service”) is a cashless, mobile payment platform that utilizes QR codes and NFCs to send BIP (Buyer Initiated Payments) payments (“Payment(s)”) from Merchant Customers (“Users” “Customers”) to Pay Recipients (“Payees”, “Clients”) by way of a licensed payment facilitator. Merchants may contract with Us to offer the Service at their establishments, track Payments, and, if agreed to by Payees, manage the distribution of pooled Payments (“Shared PayTap” or “Team PayTap”).

Acceptance of Terms of Use

The use of the Service constitutes your acceptance of these Terms of Use for Customers and our Terms of Use for all Users of our software and websites. If you do not agree with any aspects of these Terms of Use for Customers or our Terms of Use for all Users, you may not use the Service.

Changes to Terms of Use and Service

We reserve the right to update, replace, or otherwise modify these Terms of Use and the Service at any time. When We make any material changes to these Terms of Use, we will notify you through email at the email address that you have provided to us.

Availability of the Service

We may discontinue or change the Service at any time with or without prior notice and without liability to you. We make no guarantees or representations that the Service will be available at all times or without interruption.

Our Obligations

We act on behalf of Payees for the purpose of collecting and passing Payments on to them. We do not act as your agent or act on your behalf in any capacity. We provide the Service to you on behalf of Payees to allow you to transact with them. Our objective is to make the Service free to Payees and, as such, when you Pay, We will notify you of the Fees that Payees would pay and allow you to increase your Payment to cover such Fees.
We reserve the right to accept or decline any Payment offered through the Service. As a security measure, we may limit how much you can Pay by imposing limits related to the number of times that you can use the Service per day or any other period of time.

Your Obligation

By using the Service, you agree that your intention is to pay Payments directly to Payees and that in the absence of the Service you would have done so using cash. You understand that We will collect and pass Payments on behalf of and to Payees net of any monies owed by Payees for Fees corresponding to use of the Service. Further, you understand that Payees have the right to do what they want with the Payments they receive, including sharing them with others.

You agree that you are registering with the Service solely for personal transactions, and that We consider Payments as gratuitous in nature and therefore not intended as payment for the provision of goods and services. You represent and warrant that your intentions for registering with the Service are not for purposes of engaging in commercial transactions, such as regularly carrying on a trade or business through the use of the Service.

Termination

You or We can terminate this agreement at any time by serving written notice by email to the other party. In the even that you wish to terminate this agreement, you must immediately discontinue all use of the Service. Any use, access, or attempted use or access of the Service subsequent to notice of termination will make such notice null and void and constitute your continued agreement to these Terms of Use.
With respect to Payees, this agreement will terminate immediately upon ceasing to work in one of the categories described.

Disclaimers

The Service is provided to you on an as is or as available basis without any representations or warranties of any kind. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the services and content included on or otherwise made available to you through the service (including third party materials) whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing, or otherwise.

Limitation of Liability

In no event will PayTap US be liable to you or any third party for any direct, special, indirect, incidental, exemplary, or consequential damages of any kind arising out of or in connection with the Service regardless of the form of action whether in contract, tort, strict liability, or otherwise even if we have been advised of the possibility of damages or are aware of the possibility of damages.

Indemnification

You will defend, indemnify, and hold Us harmless from and against any actual or threatened suits, actions, proceeds (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or actual or alleged violation of these Terms of Use or the right of any third party by you or any person using the Service on your behalf.

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@wearePayTap.com.

Governing Law and Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the State of New York without regard to its rules regarding conflicts of law.

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS OF USE SHALL BE DETERMINED BY ARBITRATION IN ORANGE COUNTY, CALIFORNIA BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT HAVING COMPETENT JURISDICTION. NOTHING IN THESE TERMS OF USE, WHETHER EXPRESS OR IMPLIED, SHALL BE DEEMED OR CONSTRUED TO BE TAX OR LEGAL ADVICE FOR ANY PARTICULAR SITUATION, NOR DO THESE TERMS OF USE REPRESENT A GUARANTY THAT ANY PAYMENT OR TRANSACTION UNDER THE SERVICE WILL BE AFFORDED A SPECIFIC TAX TREATMENT UNDER APPLICABLE LAW.

Privacy Policy

Information and data provided by you are subject to PayTap’s Privacy Policy which can be found here.

Complete Agreement

These Terms of Use constitute the entire agreement between PayTap US and you and supersede all prior agreements. If any provision within these Terms of Use is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of any other provision.