Terms and Conditions
PAIDEASY IS A PROVIDER OF THE SERVICES AND IS NOT A BANK, CREDIT CARD COMPANY, CREDIT UNION, LENDER, CLEARING HOUSE, PAYMENT PROCESSOR OR FINANCIAL INSTITUION. ANY TRANSACTIONS ORIGINATED THROUGH THE APP ARE PROCESSED THROUGH A THIRD PARTY’S POINT OF SALE OR OTHER PAYMENT PROCESSING SYSTEM. BY USING THE APP TO PAY FOR ANYTHING, YOU AUTHORIZE SAID THIRD PARTY TO CHARGE YOUR CREDIT CARD OR OTHER MEANS OF PAYMENT, AND THEREFORE ANY PAYMENTS YOU INITIATE THROUGH THE APP COULD BE SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE PAYMENT VENDOR.
PLEASE READ THIS AGREEMENT CAREFULLY AND SAVIE IT SOMEWHERE SAFE FOR FUTURE USE.
The term of this Agreement and the license and other rights granted herein commence on the Effective Date and shall continue until either you or PaidEasy terminates them. You may terminate this Agreement by deleting the App and all copies of it from your mobile device. PaidEasy may terminate this Agreement at any time without notice in its sole and absolute discretion for any reason whatsoever, including if it ceases to support the App, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the App and destroy all copies, full or partial, of the App. You acknowledge that PaidEasy may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
IN the event of a transfer of the beneficial ownership of PaidEasy’s assets, you hereby consent to the assignment of this Agreement to said third party so long as said party agrees to assume all PaidEasy obligations hereunder.
This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered by PaidEasy via a click-to accept mechanism.
The Services are not designed for use by anyone under the age of 13. We do not intentionally collect personal information from children through the Services. You represent and warrant to us that you are at least 18 years of age. Also, you represent and warrant that (i) you have read and understand this Agreement or have gone over same with a duly licensed attorney who adequately explained it to you, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, (iii) the information that you provide to us about you in connection with the Services will be current, true, accurate, supportable and complete, and promise that you will update this information to keep it current.
Revocable License to You as User of Services
You acknowledge and understand that the Services are licensed to you and are not your property. PaidEasy reserves all rights, title and interest in the Services, that are not expressly granted to you under this Agreement. Subject to the terms and conditions set forth in this Agreement, PaidEasy hereby grants to you a revocable, limited, non-exclusive and non-transferable license to access, download, install, use, display, share, perform, and otherwise utilize the Services on a single smart phone, tablet or other mobile device that you control for your own personal, non-commercial use solely for use and enjoyment within the United States. You understand that you do not have the right and you hereby agree not to: (i) use the Services for your own commercial gain, except as expressly permitted by this license; (ii) modify, or otherwise create derivative works or improvements of the Services or any element thereof; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any element thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Services; or (v) use the Services to violate any applicable law, including without limitation any law regarding the purchase or sale of alcoholic beverages to minors.
PaidEasy reserves and retains the entire right title and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. In the event that you submit any tips, comments or feedback regarding the Services, (“Feedback”), you understand that PaidEasy will have the right to use your Feedback for any purpose whatsoever. Further, you understand that the “PaidEa$y”, “PE” and all “PaidEasy” logos displayed within the Website and the App are our trademarks.
Third Party Vendors
You acknowledge and agree that the App is a vehicle which enables users and you, to settle, pay for, or close out bills (“User Transactions”) at various third party establishments and with third party vendors, including but not limited to cafes, restaurants, bars, pubs and live event venues (each a “Vendor”). You hereby acknowledge that all User Transactions are between you and the Vendors. This means that you hereby acknowledge that PaidEasy is not a party to such User Transaction and is therefore not responsible for any quality control or screening in connection with any of the goods or services being supplied by the Vendors in any way. This means that PaidEasy will not have any legal liability to you in connection with the Vendors goods or services provided.
Also, you hereby acknowledge that any Vendor that provides you with the ability to use the Services, impliedly retains the right to settle your payment directly with your provided source of payment under the Services in the event that you fail to properly use the App to pay or if the App does not properly transfer said payment.
Additionally, any vendor that gives you the option to use the App retains the right at its sole option to request you to authorize any payments by its own means that it deems necessary and also reserves the right to refuse to allow you to use the App as a means of payment.
If you use the App to close pay for anything or if a Vendor uses the App to close out a bill opened by you in their place of business on your behalf, then said Vendor, may add a required minimum tip or gratuity to said payment. You hereby acknowledge that PaidEasy does not determine or mandate any such tip or gratuity amount and you hereby agree to pay any minimum tip or gratuity as a condition to using the App in each Vendor’s place of business as applicable. It is your sole responsibility to look into each place of business’s practices with regards to minimum tips or gratuities.
You acknowledge and agree that PaidEasy does not provide any refunds whatsoever. You hereby acknowledge that you understand and agree to seek any refunds direct from any Vendors or, if necessary and applicable, through your credit card company directly.
Acknowledgements Regarding App Store Providers.
You acknowledge that this Agreement is between you and PaidEasy and not with any sponsor or provider of any application marketplace (each an “App Store Provider”) and that PaidEasy (not the applicable App Store Provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that App Store Provider have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that App Store Providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights.
If you are using the App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries are third party beneficiaries. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. If you are using the App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
Maintenance of the App and Website.
From time to time it may be necessary for us to update the App or the Website and as a result of same the Services may be temporarily down from time to time for unknown periods of time. PaidEasy may, but is not required to, develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also change or completely remove the look, feel and / or features in the App. You agree that PaidEasy has no obligations whatsoever, to provide any Updates or to continue to provide the current features on the App. Additionally based upon your current mobile device settings, the App may automatically download and install Updates, or you, depending on your mobile device setting you may be asked to download and install said Updates.
You may opt out of receiving messages that are primarily commercial in nature, but in order to stop receiving all messages from PaidEasy you will need to terminate your account. If the App enables you to send or receive SMS messages, standard text messaging rates or other carrier charges may apply to such use.
PaidEasy may send you “push notifications” if your device supports such communications. By downloading the App and clicking to allow push notifications, you “opt-in” to receive these push notifications via the App, including notifications that contain commercial messages from PaidEasy and our third party partners. Should you wish to stop receiving push notifications via the App, you may turn off these notifications through the applicable settings on your device.
Third Party Offerings.
To enjoy certain third party offerings made available in the App, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the App, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings. Further, the App may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the App, you acknowledge and agree that we are not responsible for screening, examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, or any other aspect of such Third-Party Materials. PaidEasy does not endorse and will not have any liability or responsibility to you or any other person for any Third-Party Materials or websites, or any other materials, products, or services of third parties.
Disclaimers and Limitations of Liability.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.
Limitation of Liability.
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE APP. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $10.00, OR (II) THE AMOUNT YOU PAID FOR THE APP, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION, WAIVER AND RELEASE OF LIABILITY
You are solely responsible for your account and any communications and transactions you choose to have with any other users or Vendors or other third parties. You hereby agree to look solely to said other user, third party or Vendor for any claim, damage or liability associated with any transaction consummated through any of the Services and hereby expressly waive and release PaidEasy from any and all claims, damages and liabilities arising out of any act or omission of any Vendor, other user or third party. You hereby agree to look fully indemnify PaidEasy from any and all claims, damages and liabilities arising out of your actions or omissions for any and all claims brought against PaidEasy arising out of your negligence, or willful acts arising from your use of the Services.
The laws of the State of New York, govern this this license and your use of the App. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in New York County, New York, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the App may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us and you regarding the App. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent in each instance, and any attempt to do so without our explicit prior written consent shall be null and void. If any single provision of this Agreement shall be deemed void by law or unenforceable, then only that provision shall be deemed severed from this Agreement and does not affect the validity and enforceability of the remaining provisions contained in this Agreement.
BY INSTALLING THE APP, OR BY CREATING A LOG IN ON THE WEBSITE, EFFECTIVE AS OF THAT DATE (THE “EFFECTIVE DATE”) YOU HEREBY AGREE TO ABIDE BY ALL OF THE APPLICABLE LAWS RELATING TO YOUR USAGE OF SAME AND TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT