Terms and Conditions
These Terms and conditions shall apply from Feb 1, 2017 until further notice.
PayPocket is a registered trademark of Accepta, LLC. Is a corporation duly constituted in accordance with the laws of the Commonwealth of Puerto Rico and located in the Marginal of the Avenida Martínez Nadal, Oasis Gardens K-2 in Guaynabo, Puerto Rico, which provides a service that allows the acceptance of payments from debit and credit cards via smart phones or tablets (hereinafter “Mobile Devices”) in the United States, Puerto Rico and the U.S. Virgin Islands (hereinafter the “Service”). Here the Terms and conditions of the Service (hereinafter the “Terms”) are set forth. By registering an account with PayPocket (hereinafter the “Account”) and accepting the Terms, the user of the payment service (hereinafter the “User”) PayPocket – subject to the approval of PayPocket as described in detail in section 3.5 – will be awarded a Contract (hereinafter the “Contract”) that allows the User to use the Service.
The Service is governed by the laws of the Commonwealth of Puerto Rico and by the regulatory systems of the Company’s acquiring bank and the card networks, including Visa, MasterCard, Discover and American Express (hereinafter the “Networks”), to be applied at all times. The Company also complies with the local laws of Puerto Rico in relation to the promotion of the Service.
By making a statement in a specific location during registration, the User acknowledges having read and agreed to the Terms, and agrees that the rights and obligations of the User in connection with the Service are governed by these Terms and therefore undertakes to comply with them. The User also recognizes his responsibility to ensure that any employee of the User or other person using the Service on behalf of the User has read, agreed and adhered to these Terms. The User is, in any case, fully responsible for any mode of use of the Service related to the Account, regardless of who uses the Service. The User further agrees that notices that must be sent by PayPocket or the Company, as required by law, and any other information relating to the legal rights and obligations of the User, may be sent electronically, and that the electronic signature of the User of the Contract and other documents has the same binding effect as if it had been signed in manuscript form.
1.1 Subject to paragraph 14.1, the Service allows the User to accept payments with credit cards and debit cards (hereinafter the “Cards”) by using Mobile Devices. In accordance with the Terms, the Company will record the amounts received by the Service, under payment transactions made through the Service User’s Account (after deduction of commissions referred to in paragraph 9) and shall forward these amounts to the bank account designated by the User in accordance with paragraph 22.
1.2 The User has access to the Service and the Account through the mobile application of PayPocket (hereinafter the “Application”) and through www.paypocketmobile.com website (hereinafter the “Website”). The Service must be used through a debit and credit card reader provided by the Company.
1.3 The Company may at any time revise or modify the Service. The Company and PayPocket will try to always notify the User of any changes with reasonable notice, on the Website and by email. However, the Company reserves the right to make these changes with immediate effect to maintain the security of their systems or to comply with the relevant laws, regulations or rules issued by the acquiring bank of the Company or by the brands.
2. Conditions for the use of the Service and limitations to it
2.1. By accepting the Terms, the User acknowledges that: (i) the User – being a natural or legal person as well as any person using the Service on his behalf, is at least 18 years of age and is resident in the United States, Puerto Rico or the Virgin Islands (hereinafter the “Territory”) and (ii) payments made through the Service comply with the laws and applicable regulations.
2.2 The User shall use his name or that of his business, company name or brand. The name must be true and reasonably descriptive identifying himself or his business clearly. This name will appear as the reference in the report of the Cards for payments received through the Service.
2.3 The User shall not use the Service to receive payments for goods and services which (i) contain tobacco and are acquired through the internet, (ii) relate to pornography, including clubs for sexual services, escort services, prostitution, magazines, videos or pictures with pornographic content and sex toys when these products are only products marketed, (iii) relate to timeshare , (iv) are prescription drugs (unless the seller has all applicable authorizations for the provision of these drugs and supply is carried out in compliance with laws and standards) or drugs, (v) relate to dating (including sexual), (vi) are weapons, (vii) concern games, betting, lotteries, bingo and other casino services (does not apply to gaming and lottery operations conducted in accordance with all applicable laws and approved by all applicable regulatory authorities), (viii) are related to the so-called services of anonymity, (ix) relate to vouchers (hereinafter the “Vouchers”) with a duration exceeding 36 months, (x) relate to virtual coins, (xi) relate to erotic dancing or comparable services, (xii) constitute financial services, or (xiii) are prohibited by law or, at the sole discretion of the Company, raise any questions from the point of view of risk, complaints or reputation. The Company, at its sole discretion, will decide if it considers the use of the Service by the User includes any of these products or services and, therefore, is dissatisfied with the Terms.
2.4 The User shall not (i) require minimum price limits for the acceptance of a card, (ii) apply higher prices or additional fees for the use of a card in connection with a payment transaction, or (iii) carry out deductions during the payment transaction, (iv) carry out payment transactions in other territories in addition to the Territory and in other currencies besides United States dollars, (v) discriminate between Cards for any reason, (vi) submit for processing or to his credit, directly or indirectly, any payment transaction not originating from a direct payment transaction between the User and the owner of the card or any payment transaction that the User knows or should know is fraudulent or not authorized by the cardholder, (vii) present for processing any payment transaction representing the refinancing of an existing obligation of the holder of the card, (viii) require any cardholder to waive his right to dispute a payment transaction, (ix) process a single purchase of goods and/or services as several payment transactions.
2.5 The User shall not use the Service to carry out payment transactions with Cards belonging to the User or registered on behalf of the User.
2.6 For the purposes of the provision of the Service, the Company has made certain agreements with the acquiring bank and brands. The acquiring bank and Networks impose certain limits on the annual volume of transactions with Cards for every User, whether the Cards are MasterCard, VISA, Discover and American Express, respectively, through the use of the Service, and these limits will be determined solely by these brands. PayPocket and the Company shall not be liable in any way for the acquiring bank or marks deciding not to approve transactions that exceed these limits. If the annual volume of transactions with Cards of any User on any of them, either MasterCard or Visa, through the use of the Service, exceed this quantity, PayPocket or the Company shall notify the User and will give him the option of holding an “Acquirer Contract”, which includes the acquiring bank of the Company as a party, in order to continue using the Service. If the User cannot be accepted by the Acquirer Contract, PayPocket and the Company will not be able to accept new transactions above the limits mentioned above. In this case, PayPocket will be required to cease the Service and terminate this Contract, in accordance with paragraph 26.3. The User must give immediate notice to PayPocket when it is envisaged that the maximum amount established will be exceeded.
2.7 If the User has registered with PayPocket as a natural person, and his annual turnover volume related to his User Account, the number of payments accepted by the User or the use of the User of the Service, in the reasonable opinion of the Company, suggest that the User’s operations are business activities, the PayPocket – Terms & Conditions (2 of 9) PPKT-v2.4-01-31-17 Company can require the User to register as a natural person exercising a business activity (DBA). In the event that the User does not comply with that requirement, PayPocket and the Company will be able to terminate the Contract in accordance with paragraph 26.3.
2.8 The User shall not refer to PayPocket, the Company, the acquiring bank of the Company or the brands to declare the eligibility of the User’s goods and/or services
3. Account and connection to the Service
3.1 To use the Service, the User must create an Account through the “www.paypocketmobile.com” page. The User is obliged to provide accurate and complete information when registering the Account. If this information changes, the User agrees to promptly notify PayPocket or the Company of such a change, updating his Account. If the User does not provide PayPocket or the Company correct, complete and current information, PayPocket and the Company may not be able to provide the Service or fulfil the Contract. The User acknowledges that the Company may also block the User’s Account, deny access to the Service and/or terminate the Contract in accordance with paragraph 26.3, if correct, complete and updated information is not provided by the User.
3.2 To verify that the User is the owner of the bank account referred to in paragraph 7.1, PayPocket and the Company have the right to direct the necessary questions to the relevant bank accordingly. The User acknowledges and accepts that PayPocket and the Company have this right and agrees to take all reasonable measures to help PayPocket and the Company in this matter.
3.3 If the actions referred to in paragraph 3.2 reveal, or if in any other way it comes to the knowledge of PayPocket or the Company that the information concerning the bank account referred to in paragraph 7.1 is in any aspect incorrect or incomplete, PayPocket and the Company reserve the right not to pay any amount of money to that bank account until the information has been corrected and completed by the User and verified by the Company (according to paragraph 3.2). For avoidance of doubt, regardless of whether such verification has been made or not, PayPocket and the Company do not assume any liability for the amount of money that is paid to an account that does not belong to the User, due to incorrect or incomplete information provided by the User.
3.4 When the User has registered for the Service and accepted the Terms, PayPocket may require the User to provide such documentation and other evidence that is reasonably required by the Company so that the Service can be performed, and to ensure that it has complied with, all the necessary requirements in accordance with the applicable laws relating to money laundering. The Company can perform a credit check on the User. The User consents to the Company obtaining credit information and agrees to assist in that regard insofar as necessary to carry out that credit check. Please see paragraph 27 for more information.
3.5 The Company shall determine, at its sole discretion, whether it will grant the User access to the Service. PayPocket and the Company shall only be bound by the Terms once it has been decided to grant the User access to the Service. PayPocket will send a confirmation via email or other means, confirming that the User can start using the Service.
3.6 The technical requirements of the User’s Mobile Device, as set forth by PayPocket, are set out on the Website. PayPocket and the Company do not warrant that the Service is compatible with all Mobile Devices or operating system versions. The use of a Mobile Device which has had its technological properties manipulated, e.g. “jailbreak”, to use the Service, is expressly prohibited, and constitutes a violation of the Contract and is grounds for the definitive suspension of the User’s Account.
3.7 The capacity of the User’s access to the Service through a Mobile Device will depend on the Services of third parties received by the User. That third party may charge the User for access to the Service for the access and transfer of data on the Internet. The User shall be solely responsible for payment of these costs. The use of the Service by the User may also be subject to the Terms of the User’s contract with his mobile phone service provider.
3.8 This Contract is valid for the period of one (1) year and is automatically renewable for periods of one (1) year, except for those users that maybe under the – now discontinued and not available- monthly payment arrangement, using the pricing structure that is defined in this Contract, until either party decides to terminate the Contract, in accordance with the following procedure. The User may cancel this Contract by sending an email to “support@PayPocketmobile.com” at any time. If the application for cancellation is requested before the expiration date of the Contract, the User will be required to pay the annual fee in its entirely (or for the users under the now discontinued and not available monthly fee tariff, by multiplying the monthly charge by the number of months remaining of the Contract). Any reserve fund in the custody of PayPocket and the Company, that belongs to the User at the time of the cancellation, less any applicable fees (monthly charge pending in the Contract), will be paid to the User according to the payment schedule, assuming that the requirements related to the disbursement of these funds have been met (for example, the User cannot close the PayPocket Service to evade the payment schedule). If there is a charges dispute pending an investigation process when the Service cancellation is requested, the Company may retain outstanding deposit funds. If it is determined that the User is entitled to part or all of the funds held in this dispute, the Company will forward them to the User.
If the User validly cancels this Contract as described above, PayPocket and the Company will process any reimbursement due to the User within 30 days subsequent to the User giving PayPocket advice of the cancellation. PayPocket will not be obligated to reimburse the User any commission paid for any transactions made using the Service before the cancellation.
3.9 The User understands and accepts that the Company may share information about the User, his Service request (including the result of approval or rejection) and his Account with the User’s bank or any other financial institution. This includes sharing information about transactions, profile and the business operation of the User for the purpose of standards, regulations, management, maintenance, continuous improvement and risk management.
4. Requirements for password and access data protection, etc.
4.1 The User will follow PayPocket procedures and safety instructions, which can be modified or updated at any time, with respect to the User’s password and other login information. Such procedures and safety instructions are on the Website.
4.2 It is the User’s responsibility to ensure that the access credentials (username and password) for his Account, as well as other information about access to the Service (hereinafter the “Account Information’) are kept in a safe place and that such information is not disclosed to third parties. The User agrees to keep secure the Account Information in such a way that the Service remains inaccessible to unauthorized persons. The Account Information is personal and must not be transmitted to, or be used by anyone other than the User.
4.3 PayPocket and the Company assume that the User is the sender of payment orders and other instructions sent using the User’s login information and password. Therefore, the User must immediately inform PayPocket and the Company through the Website (www.paypocketmobile.com), the support email firstname.lastname@example.org or through the Application, if he has any reason to think that an unauthorized person has access to, or is aware of, the aforementioned information.
5. Obligations of the User concerning the use of the Service
5.1 In addition to the provisions set out in paragraph 3.1 above, the User shall be required – in the case of the User being an entity or a natural person exercising a business activity – to inform PayPocket of the addresses of all offices and business centres, all trade names used, and a complete description of the products and services supplied by the User. If this information changes, the User agrees to notify PayPocket without delay of the changes, updating the User’s Account. If any information is inaccurate or incomplete, PayPocket and the Company shall have the right to close the Account and cancel the User’s access to the Service.
5.2 The User shall at all times comply with applicable law and shall, when required by the Company, provide the reasonable assistance necessary for PayPocket to comply with applicable law, the rules issued by the acquiring bank of the Company or brands and other obligations of the Company. The User agrees to abide by the rules related to PayPocket’s Service and the Company, issued at any time.
5.3 The User shall indemnify PayPocket, the Company or any PayPocket related party and the Company (including subsidiaries, subsidiaries or controllers) for all claims brought by a third party against PayPocket and the Company for the use of the Service by the User in violation of the Terms or in violation of laws or regulations, or regulations issued or otherwise applied by the acquiring bank of the Company or the brands.
5.4 The User shall immediately notify PayPocket and the Company of any insolvency proceedings, bankruptcy, investigation, action or similar proceeding initiated against the User, or any owner of the User. The User also must notify PayPocket and the Company if the User is aware of any violation of law related to this Contract or the Service.
5.5 The User guarantees that all payment transactions are bona fide.
5.6 The User must display visibly to his customers in his commercial establishment, any of PayPocket’s promotional items and the Company’s promotional items received from PayPocket or the Company. Such material may include but is not limited to stickers for the User’s company, shop or car window with the logo of PayPocket, the Company and/or brands, or posters, advertisements or brochures of the brands or the Company that must be displayed by legal requirement.
5.7 The User is solely responsible for service related to his goods or services, including price, assortment of orders, cancellation of orders, returns, reimbursements, adjustments, discounts, functionality, warranty, customer technical support and feedback concerning experiences with his personnel, policies or processes.
6. Intellectual property
6.1 By intellectual property rights (hereinafter the “IP Rights”) are understood all and each one of the rights related directly or indirectly to the Service, the Application, the reader and the Website, internet domain names, all the content, the related Service’s technology, all brands and logos, including but not limited to copyright, moral rights, database rights, trademarks, rights to names, utility, models, design rights and patents and other exclusive and non-exclusive rights existing now in the world or that exist in the future, or are either transferred or granted in the future.
6.2 PayPocket and the Company (or its licensors) are the sole owner of IP Rights relating to the Service, and nothing in these Terms shall be construed as a transferred award of IP Rights to the User. The User may not copy, imitate, or make use of IP Rights without our prior written consent.
6.3 PayPocket and the Company granted a personal, limited, non-exclusive, revocable and non-transferable license (without right to sublicense) to access electronically and make use of the Service in order to accept payments made with Cards.
6.4 Without the prior written consent of PayPocket and the Company, strictly prohibited are to: (i) transfer any rights that have been granted by virtue of these Terms to any third party; (ii) provide to any third party the possibility of using the Service by rental, lease, or in any other way; (iii) access or monitor any content, material or information on any PayPocket or Company system, manually or by automated means such as robots, spiders, scrapers, etc.; (iv) copy, reproduce, alter, modify, create derivative works, publicly display, reissue, upload, post, transmit, resell or distribute any form of content, material or information of PayPocket or the Company; (v) violate any exclusion of service restrictions, by-pass any of the technical limitations of the Service, use any tool to enable functions or characteristics that are disabled in the Service or otherwise, or decompile, disassemble or use reverse engineering in the Service; or (vi) use the Service for purposes other than permitted under these Terms.
6.5 The User can generate, send, or upload User content always in relation to the use of the Service (hereinafter the “User Content”). The User will retain all rights to the User Content that are always subject to the rights afforded by accepting the Terms. The User agrees that he will not send or upload User Content to the Service, except that has been created by the same User, or if he has the permission of the copyright owner to do so. For any User Content that he submits or sub services, PayPocket, gives the Company and its subsidiaries and successors a right to a worldwide, non-exclusive, free of royalties, fully-paid, transferable and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works, distribute, perform and display publicly that User Content worldwide in any medium in order to provide and promote the Service and activity of PayPocket. The User will keep all rights to the User Content, subject to the rights granted to PayPocket in these Terms. The User may modify or delete his User Content through his PayPocket Account or by terminating his PayPocket Account. The User agrees not to send or upload to the Services or post, transmit, distribute or disseminate otherwise through the Services any material which: (i) is false, misleading, illegal, obscene, indecent, libidinous, pornographic, defamatory, libellous, threatening, embarrassing, hateful, abusive or inflammatory; (ii) encourage conduct that would be considered a criminal offence or give origin to civil liability; (iii) breach any duty toward, or rights of, any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful files, harmful or destructive; (v) advertise goods or services that compete with the products and services of PayPocket or the Company or its partners; or (vi) in the opinion of the Company, is objectionable, restricts or impedes any person or entity to use or enjoy any part of the Services, or that could expose PayPocket and the Company, its affiliates or users to harm or liability of any nature. Although PayPocket and the Company have no obligation to issue, edit or monitor any User Content, PayPocket and the Company reserve the right, and have absolute discretion, to remove, emit, edit or disable any User Content at any time and for any reason without notice. The User understands that by using the Service, he may be exposed to User Content that is offensive, indecent or objectionable. PayPocket and the Company will not be liable and assume no liability for any User Content, including any loss or damage or harm to any of his User Content.
7.1 The funds credited to the User shall be paid to the bank account designated by the User in accordance with paragraph 22 below.
7.2 The funds received by the Company on behalf of the User in the role of commercial broker, in relation to the amounts credited to the User, may be aggregated with funds received on behalf of others similarly and can be kept in one or more User Accounts in a bank or banks selected for this purpose by the Company (hereinafter the “User Accounts”). The Company is the only one with authority over the opening and maintenance of all User Accounts.
8. Inactive Accounts
8.1 If no activity occurs in a User’s Account for at least two consecutive years, and the User has a balance in the User Account, PayPocket or the Company shall notify this situation to the User by email, and will permit keeping the Account active or closing it and removing any remaining balance from the User Account. If PayPocket or the Company do not receive any response from the User within a period of thirty days from the date of shipment, it will automatically close the PayPocket – Terms & Conditions (4 of 9) PPKT-v2.4-01-31-17 Account, and the User’s funds will be subject to the destination to be determined by the law applicable to the case, and – to the extent permitted – will go to the Company.
9. Terms of payment
9.1 The use of the Service is subject to certain fees and commissions, detailed on the Website, and they will be updated by email at any time. PayPocket and the Company have the right to modify fees and commissions in accordance with paragraph 30 below.
9.2 The Company may offset the balance in the User’s Account with any claim that PayPocket or the Company may have against the User according to this Contract.
9.3 All fees and charges shall be charged to the User, together with the transmission of the amount from the Company User Account to the User bank account, in accordance with paragraph 22 below.
9.4 The User will be solely and exclusively responsible for paying any tax arising from the sale of goods or services paid for with the Service.
9.5 The fees and charges of the PayPocket Service are: $49.95 annual (12 months) plus tax applicable for the use of the Application, to which is added (a) 2.5% commission and $0.20 per transaction processed, using a credit or debit card reader, or (b) 3.5% commission and $0.20 per transaction processed, entered manually (without a card reader).
The monthly charge described above is made automatically to the User’s Account. Where the payment of an annual charge or processing charge could not be carried out due to insufficient funds in the Account of the User, PayPocket and the Company are entitled to and will take a charge of $25 (per occurrence), arising from the failed payment of the monthly fee due to insufficient funds.
9.6 The card reader is provided by the Company and it has a price of $10 for the first unit, payable at the time of activation of the Service. The user may use or need more than one card reader as it may facilitate the user’s operation. The second and further card readers will have a price of $54.95 plus tax applicable. Although the Company makes its best efforts to keep the Application current, the Company does not guarantee the compatibility of the card reader with the user’s terminal. The Company does not assume any responsibility over any incurred cost that may arise in the eventual case that the user requires to process manually any transaction. The card reader will be shipped to the user via USPS priority mail with a cost of $6.65 or the applicable rate at the moment of shipping the card reader. This cost is directly transferred to the user without any surcharge by the Company.
Subject to the Terms of this Contract, PayPocket and the Company reserve the right to change the charges thirty (30) days in advance. The User must accept the changes in charges to be able to continue using the Service. Not to accept this change, the User must request the cancellation of the Service immediately. All balances, charges, and payments received or realized through this Service will be in the currency of the United States of America (US Dollars).
10. Provision of Service
10.1 The Company will use all reasonable diligence to provide service 24 hours a day, seven days a week. However, PayPocket and the Company do not guarantee that the Service is free of errors or interruptions during this time.
10.2 PayPocket and the Company will periodically conduct maintenance and Service updates, which can involve delays, errors or interruptions in the Service. PayPocket and the Company will seek to communicate in advance any planned maintenance, but cannot guarantee that such notification will occur in all cases. In addition, the Service may contain errors or “bugs” that may lead to interruptions or errors. The User understands and accepts that PayPocket or the Company can contact therewith for help with the Service and to request information needed to identify and resolve the above errors.
10.3 The User’s access to the Service depends on the services of third parties (such as mobile services). The User agrees that PayPocket and the Company have no liability related to compliance with the aforementioned third-party services.
11. Complaints and notification requirements of unauthorized operations
11.1 If the User (i) wants to report errors in the Service through a complaint, or (ii) considers that an error has been committed or that an unauthorized operation relating to the User’s Account has been made, the User must notify PayPocket and the Company of the complaint or transaction without delay once the User has discovered or should have discovered the error or transaction by contacting PayPocket and the Company through the Website or via email email@example.com
12. PayPocket’s and the Company’s service liability
12.1 PayPocket and the Company are responsible, subject to the limitations set out in paragraph 13 below, to ensure that payment operations made through the Service are carried out correctly, that payment orders initiated through the Service are correctly transferred to the cardholder’s payment service provider, and the funds credited to the User’s Account are paid to the User, as described in more detail in paragraph 22, unless something different is contained in this Contract. If a payment transaction fails or is not executed at all, PayPocket and the Company shall, upon request by the User, try to trace the payment transaction and communicate the result to the User.
12.2 PayPocket and the Company are also responsible for commissions or interest which the User must pay due to a payment transaction not being executed correctly or not executed at all, where the event is the fault of PayPocket and the Company.
12.3 PayPocket and the Company shall not be liable (i) for any other deficiency or error in, or covered by, the provision of the Service (including those set out in paragraph 10.1), (ii) to ensure that the Service is available at all times to carry out payment operations, or (iii) for unauthorized access to, or use of, the Account Information stored on PayPocket servers, unless applicable laws provide otherwise.
12.4 In the event that PayPocket or the Company become aware that an unauthorized person has or has had access to Account information stored on PayPocket servers, they will inform the affected Users of this circumstance, and, wherever possible, provide data on what information has been disclosed.
13. Liability Limitation
13.1 Subject always to paragraph 13.2, and subject to the rules of consumer protection that are locally applicable to the User, PayPocket and the Company shall not be responsible under any circumstances for consequential damages, such as lost profits, lost data or other loss resulting from the use or inability to use the Service.
13.2 Notwithstanding the provisions of paragraph 13.1, PayPocket and the Company will be responsible for personal injury caused by PayPocket, damages incurred by the User due to PayPocket malice or gross negligence, or any other matter for which it would be illegal or contrary to the law to exclude or attempt to exclude PayPocket’s and the Company’s liability.
13.3 Subject to the foregoing, PayPocket and the Company will only be liable for damages caused solely by the sole fault of PayPocket and it assumes no responsibility for any act or omission of any third party. In addition, PayPocket and the Company shall not in any case be responsible for any damage or loss incurred by the User as a result of the obligation of PayPocket or the Company to comply with applicable law, act or omission of any governmental authority, act of war, accident, natural disaster, strike, lockout, or other similar event, regardless of whether PayPocket or the Company are an instigator or a subject in the event.
13.4 No advice or information, verbal or written, obtained by the User through PayPocket’s Service will create any warranty not stipulated expressly in this Contract.
13.5 It is possible that products, services and promotions provided by third parties (hereinafter the “Third-Party Services”) will be offered to the User. In the event that the User decides to use the Third-Party Services, the User shall be responsible for reviewing and understanding the terms and conditions associated with them. Third-Party Services may contain links to web sites as a convenience to the User.
13.6 The User agrees that PayPocket and the Company are not responsible for the performance of Third-Party Services.
13.8 The Service is provided to the User on the basis of “As is” and “As available”. The Use of the Service is at the User’s own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, either express or implied. Without limiting the foregoing, PayPocket and the Company, their processors, suppliers, licensors (and their respective subsidiaries, affiliates and employees) do not guarantee that the Service is accurate, reliable and correct, that the Service will comply with the requirements of the User, that the Service will be available at any time or location in particular, that the Service will be uninterrupted or secure, that defects or errors will be corrected , or that the Service will be free of viruses or other harmful components.
13.9 PayPocket and the Company do not guarantee, endorse or assume responsibility for any product or service that is advertised or offered by a third party through the Service or any website or service by hyperlink, or featured in any banner or other advertisement.
14. Cards accepted
14.1. As part of the Service, payment transactions can only be made with the Cards specified on the Website. The range of accepted Cards can be changed at any time and without prior notice. The User must accept all Cards specified on the Website for any of the goods and/or services provided.
15. Verifications concerning payment transactions
15.1 In relation to payments, the User will carry out the following checks: with the Card visual inspection, the User shall ensure that: (i) the card has not expired, (ii) the account number engraved on the Card matches the account number appearing on the back of the Card, (iii) the Card features the signature of its owner, and that the signature matches the signature made by the cardholder on the screen of the device used for the Service, (iv) the Card has no indication that it has been changed or altered, (v) the Card information and gender of the holder of the Card name is consistent with the observation of the User; and (vi) when an identification document is presented, the name coincides with the name of the ID document/card as recorded on the credit Card. In case of doubt about the above aspects, the Card will not be accepted as payment. Identification document: If the purchase price exceeds a certain amount established by PayPocket and the Company, the cardholder must provide identification with an official ID (e.g. passport or valid driver’s license). If any identification document cannot be provided or the document has expired, the Card will not be accepted as payment. Signature. The User will compare the signature of the holder of the Card on the receipt with the signature on the Card and identification document. If in doubt, the Card will not be accepted as payment.
15.2 The User must comply with the process of chargebacks and disputed transactions as indicated in paragraph 23. Non-compliance of the User or the suspicion of non-compliance by the Company about any of the checks referred to in clause 15.1 is cause for termination of this Contract.
16. Approval of the payment transaction
16.1 The User shall ensure that the cardholder accepts the payment transaction by signing the electronic receipt with his name in the appropriate place, and the amount is deducted from the account of the cardholder,
17.1 PayPocket will only provide receipts electronically via email.
17.2 The User shall, if requested by a cardholder, provide said cardholder with a written receipt regarding the payment transaction.
18. Cancellation of payment orders
18.1 The payment order may not be cancelled after the end of the day in which the cardholder has transmitted the order of payment or has given his consent to execute the payment transaction.
19. Confirmation of operations
19.1 When a payment is made to the User, PayPocket and the Company will update the history of the User’s Account on the reports available in the PayPocket Website, indicating the details of the transaction. Upon termination of the Contract, PayPocket and the Company shall have no obligation, except as provided by law, to store or provide documentation or any other information in connection with any operation carried out through the Service.
20. Reimbursement to the cardholders
20.1 The User (i) shall have equitable rules of returns and cancellations of products or services and a Card payment regulation, always subject to the provisions of the Federal Law of Protection to the Consumer, (ii) at the time of purchase shall provide to the customers the User’s return and cancellation rules, (iii) shall make no reimbursements to customers in cash, and (iv) will not accept incentives in cash or any other consideration to facilitate a reimbursement.
20.2 Reimbursement should correspond to a previously completed transaction and shall be carried out using the same Card as the one used in the payment transaction. The amount of the reimbursement shall not exceed the amount of the corresponding payment transaction.
20.3 If a customer agrees to replacement of a product and replacement involves a difference in the purchase price, the User must reimburse the total amount of returned products and register a new purchase of new products.
21. Consumer protection
21.1 The Company may establish a maximum of funds to be paid to the User’s bank account. Those limits may be daily, weekly, or monthly. Any amount that exceeds those limits will be retained for a period no longer than the period of the exceeded limit. The limits for each account shall be notified in the application.
21.2 By accepting payments with international Cards, the User must validate identification with a photograph of the cardholder. Should PayPocket or the Company detect that that is not done, the funds may not be paid until an investigation is conducted.
22. Payment of funds to the User’s bank account
22.1 The funds credited to the User to pay for an operation will not be paid to the bank account designated by the User until the operation is completed. A payment transaction shall be deemed completed to that effect when PayPocket and the Company have received the funds in the User’s Account. Once the bank account designated by the User has been verified, PayPocket and the Company will automatically, within 1 to 3 business days following the day in which PayPocket and the Company have received the funds in the User’s Account, make payment to the bank account designated by the User, except as otherwise set forth in this Contract. Depending on, among other things, the way in which the Card information was obtained (for example, through the use of a chip or magnetic stripe) payments to the bank account designated by the User will vary depending on the terms and limits, which shall be communicated to the User. Information regarding terms and limits can be found on the Website. Through the Application, the User will be informed about payments made to the User’s bank account.
22.2 PayPocket and the Company reserve the right to withhold or delay temporarily the delivery of the funds credited to the User and/or designate an amount that will be retained in the User’s Account or a reserve separate account (hereinafter the “Reserve”) to ensure the fulfilment the User’s obligations as established in the Terms
22.3 PayPocket and the Company may require a Reserve for any reason, including a high rate of chargebacks, as described in paragraph 23, returns, operation of law, judicial decision, requirement of any judicial authority or government agency, or other obligations related to the use of the Service by the User. The amount of the Reserve shall be determined reasonably by PayPocket and the Company, the acquiring bank or the Networks to cover anticipated chargebacks, refunds, and operations in dispute or operational risk arising from the User’s transaction history.
22.4 The amount of the Reserve may be increased, decreased, or eliminated at any time by PayPocket or the Company at its discretion, based on the transaction history, credit history, rate of chargebacks and disputed transactions or any other reason determined by PayPocket, the Company, the acquiring bank or the Networks.
22.5 If the User’s Reserve funds are not sufficient to cover the designated amount, PayPocket or the Company may obtain the missing funds from any source of funding related to the User’s Account, including but not limited to (i) deposits by the User to his Account, (ii) debts to the User under these Terms, (iii) assets in the User’s bank account or any other means of disposal registered with PayPocket or the Company.
22.6 The User grants a right of warranty and retention to PayPocket and the Company above all, to all funds in the Reserve and the Account, and authorizes PayPocket and the Company to perform any withdrawal, charge or debit of the Reserve, without prior notice, to collect the amounts owed by the User to PayPocket and the Company under the Terms, including, without limitations of any kind, reversals of deposits or transfers to the account of PayPocket and the Company. The User must deliver any documentation or information required by PayPocket and the Company to improve security of the Reserve funds. This warranty is effective while funds remain in the User’s Reserve Account.
23. Chargebacks and disputed transactions
23.1 The amount of any transaction can be charged to the Users’ Account (hereinafter a “Chargeback”) if the operation (i) is disputed, (ii) is cancelled for any reason by the brand, the acquiring bank, the cardholder or the bank issuing the card, (iii) it was unauthorized or PayPocket and the Company had grounds to believe that the operation had not been authorized, (iv) it is supposedly illegal, suspicious, or in any way in breach of the Terms. The User will not attempt to reprocess any payment which has been affected by a Chargeback.
23.2 For any transaction that results in a Chargeback, PayPocket and the Company shall be entitled to retain any amount equal to the estimated amount of the Chargeback from the User’s Account in the Reserve. PayPocket and the Company will charge a commission of $15 (per occurrence), as derived from the Chargeback, to the User Account (including the Reserve without any limitations), the User’s bank account or any means of payment the User registered with PayPocket or the Company. If the User has pending Chargebacks, deposits to his bank account may be withheld or delayed. Similarly, if PayPocket or the Company reasonably consider that any operation can be subject to Chargeback, they may withhold or delay the delivery of funds for that operation until: (i) the Chargeback is assessed in favour of the cardholder, in which case the funds will be retained, (ii) the time established by the authority to dispute a Chargeback has expired, or (iii) PayPocket and the Company determine that Chargeback from the operation will occur.
23.3 If PayPocket or the Company cannot recover the funds of a Chargeback, the User must pay immediately the full amount of the Chargeback at the request of PayPocket and the Company, plus applicable penalties. The User agrees to pay the costs and expenses related to the Chargeback including but not limited to legal fees and expenses, which PayPocket or the Company incurred or a third party incurred for the benefit of PayPocket and the Company, along with the total of the User’s unpaid Chargebacks.
23.4 If PayPocket or the Company consider that Chargebacks related to a User all too often occur, PayPocket or the Company reserve the right to carry out inspections or to lay down conditions governing the Account and the Service, including the establishment of new commissions for the processing of operations, to request reasonable Reserve amounts to cover possible future Chargeback commissions and penalties, to limit the User’s right to withdraw funds from the User’s account and to terminate the Contract and conclude the Service.
23.5 The User agrees that he will provide PayPocket and Company, upon request, his reasonable cooperation in relation to any controversial payment. To that end, PayPocket or the Company may share any information related to the Chargeback with the cardholder, the bank issuing the Card and the financial institution of the User to investigate, oppose or resolve the Chargeback. If the Chargeback is resolved satisfactorily, the Reserve funds corresponding to the operation in dispute will be arranged through the User’s Account. PayPocket and the Company reserve the right, without prior notice, to charge the costs and expenses of brokerage and research of the Chargeback and the User’s disputed operations.
23.6 The User shall indemnify PayPocket and the Company from any cost, loss or liability that may result in a claim against him as a result of the provision of the Service, including, without limitation, any claim relating to defects in the products or services purchased with Cards processed by the Service. The Company does not have control over the resolution of counter-charges and those are not determined by the Company. The Company is not responsible for any loss of impact for the Uses, as a result of this resolution.
24. Privacy and data storage
24.1 The User will protect, and, unless legally required, shall not record or otherwise process Card information or other information about the cardholder that the User may receive during payment transactions, unless carried out in accordance with this Contract. If the User knows or suspects unauthorized communication of such information, the User shall immediately inform PayPocket and the Company and provide PayPocket and the Company such documentation and support as required by PayPocket and the Company and will act in accordance with the reasonable instructions thereof. The User will also manage the Card information in accordance with the standards and guidelines issued by the PCI DSS at all times and found at www.pcisecuritystandards.org.
24.2 The information referred in paragraph 24.1 above, for the duration of the term of this Contract and thereafter, will be used by the User exclusively for the use of the Service and in accordance with provisions under this Contract and with the applicable rules, including but not limited to the regulations of data protection.
24.3 In accordance with paragraph 27 below, the User understands and accepts that PayPocket and the Company may disclose any information provided to PayPocket and the Company or to its acquiring bank to the Networks, in order to determine the identity of an individual, including a cardholder, in accordance with the rules issued by the Networks and as permitted by the applicable legislation.
24.4 By using the Service, the User can receive information about his customers or other third parties. The User must keep such information confidential and use it only in connection with the Service. The User may not disclose or distribute partially or completely the information of third parties or use the information for marketing purposes unless he has received the consent of the third party.
25. Comments about the Service
25.1 The User may submit comments or ideas about the Service by sending an email to the address firstname.lastname@example.org through the Application or Website. PayPocket or the Company are not obliged to apply any such comments or ideas. The User shall not be entitled to compensation for the ideas and comments submitted, but PayPocket and the Company may use them freely and assimilate all rights pertaining thereto.
26. Validity and resolution
26.1 The Contract will be in force until notice to the contrary. The User may, subject to the conditions referred to in paragraph 3.8, terminate the Contract and cancel the User’s Account with immediate effect, informing PayPocket or the Company through the Website, or, when possible, through the Application. PayPocket and the Company will be able to terminate the Contract subject to a notice of one month in accordance with the following paragraph 26.3.
26.2 If PayPocket’s and the Company’s Contract with their acquiring bank expires or is terminated for any reason, or PayPocket or the Company cancels the registration of the brands, this Contract will expire immediately.
26.3 PayPocket and the Company shall be entitled to block the User’s account, rejecting the User’s access to the Service and/or terminate the Contract immediately if (i) PayPocket and the Company have record of, or reasonable grounds to believe, that the User uses or will use the Service in violation of the Terms, or of any applicable law or regulation or the rules of the brands or the acquiring bank of PayPocket and the Company, (ii) information is revealed concerning technical or administrative data security protocols in such a way that there are reasonable grounds to consider that the User’s Account is to be used abusively, (iii) if there are other reasonable grounds to consider that the User’s Account has been or is to be used in abusive way, (iv) the User revokes his consent to the processing of Personal Data in accordance with provisions under paragraph 27.9, (v) if a personal guarantee is not given at the request of PayPocket and the Company and in accordance with paragraph 22.6, (vi) if the annual turnover of the User’s Account exceeds the established quantity in paragraph 2.6, or (vii) if the User does not follow the instructions and requirements of PayPocket and the Company in accordance with paragraph 2.7.
26.4 With the expiration of the Contract, PayPocket and the Company, unless otherwise specified in these Terms, will liquidate any funds held independently on behalf of the User once any possible commissions are deducted. At expiration, the User will no longer have a right to use the Service and the license granted expires.
26.5 The provisions of paragraphs 12, 13 and 23 above shall continue to apply after expiry of the Contract.
27. Treatment of Personal Data and assessing risk profile
27.2 The purpose of the treatment of Personal Data is to verify the information presented during decision-making, to provide the Service and manage and fulfil the Contract, for the purpose of managing risks and valuation of credits, to prevent credit card fraud, to manage and validate claims, for purposes of marketing (for example, to distribute newsletters, promotions and advertising to the User’s email address or the User’s cell phone through SMS, MMS or other similar communication systems, to customize the content of advertisements and promotions to PayPocket or the Company offer to the User, to improve the Service or to contact the User regarding the use of the Service), for the purpose of method development – business and products (for example, to discuss the form of use of the Service) and to comply with legal obligations and the rules of the acquiring Bank of PayPocket or the Company or the Networks.
27.3 PayPocket or the Company carry out the treatment of the following categories of Personal Data:
i) Basic data, such as name, address, email address and phone number; (ii) any other data provided by the User, such as contacts of access, Social Security – employer or individual number (DBA), voter credential or passport number, bank account numbers, other banking information and other data provided to the Websites of PayPocket or the Company or the Application or otherwise submitted to PayPocket or the Company, its subsidiaries or third-party representatives or business partners in connection with the registration process, the provision of the Service or another way related to the Contract. (iii) After the registration of the User, PayPocket or the Company shall verify the identity of the User and will obtain a credit report about him through a search of the credit reports of the User in various credit information agencies. Accordingly, PayPocket or the Company be process and treat Personal Data identification and credit information of the User (e.g. data about any credit history, census data, classification of groups of risk, data about risk provisions, limits of credit and similar information) collected PayPocket – Terms & Conditions (8 of 9) PPKT-v2.4-01-31-17 information from credit agencies. Credit reporting agencies collect and add to their databases the User information provided by PayPocket or the Company resulting from its investigation, information which can be accessed in the future by other organizations that carry out this kind of research. These databases will be used by them and by PayPocket or the Company to make decisions about credit quality, to locate defaulters, restore defaults, prevent fraud and money laundering as well as for the management of the User’s Account. PayPocket or the Company will use a program for estimation of credit risk or other automated systems available at the time of authorizing a User’s Access to the Service. To this end, it is important that the information provided by the User is accurate. PayPocket or the Company will verify the User’s details with fraud prevention agencies, and, in the event that the information provided is false or inaccurate, the User’s data will be provided to these fraud prevention agencies. This information can be known by authorities and state security bodies. PayPocket or the Company and other organizations also may use and disseminate this information in order to prevent fraud and money laundering, for example, (i) when confirming data from applications for credit or credit facilities, (ii) for the management of the credit and other credit facilities data, (iii) to collect debts, (iv) to confirm data relating to applications and insurance claims, and (v) to confirm job applications and employee data. PayPocket or the Company and other organisations may access and use the information available from other countries’ fraud prevention agencies. The User is required to contact PayPocket or the Company at email@example.com in the event that he would like information about credit assessment agencies and agencies of fraud prevention whose databases PayPocket or the Company use and with which PayPocket or the Company exchange and share information.
(iv) Data is obtained from social networks in relation to which PayPocket or the Company have obtained the consent for access by the User in order to obtain information, such as Facebook. This Data that can be obtained from social networks is data publicly available in the User’s profile and other general data, such as data relating to how many contacts or friends the User has, as well as any photo in the User’s profile in the social network.
(v) Data relates to payment transactions made through the Service, such as amounts, description of the subject of operations, number of items, unit price of the goods, any discounts, GPS position at the time of the operation, of the hardware used on the date of the operation and other technical data associated with the operation. Some examples of the technical data processed are: model of device, version of the operating system, IP address or other unique identifier of a computer, mobile phone or other device used in the use of the Service. By accessing the Website or Application, data concerning the User navigation on the Website or Application, data browsers and operating systems are also dealt with, and data on time spent and activities performed on the Website or Application. When the User contacts PayPocket or the Company, by ordinary mail, email, phone or otherwise, PayPocket or the Company also will deal with data that relates to the content and purpose of the contact with PayPocket or the Company.
27.4 Personal Data may be disclosed to providers of PayPocket or the Company, subsidiaries, the acquiring bank of PayPocket and the Company and to the Network’s Cards, authorities and to other banks and financial institutions and third parties, for the purposes described in these Terms, including but not limited to the marketing of products or services carried out by third parties. Personal Data may also be shared with the contacts of the User (“friends”) on social networks that in turn are also users of PayPocket or the Company. These processes of data communication shall be limited to the Personal Data of the category “basic” as described in paragraph 27.3 (i).
27.5 Personal Data submitted to PayPocket or the Company may be communicated to recipients identified above in countries outside of Puerto Rico. By accepting the Terms, the User expressly agrees that Personal Data could be transmitted to such third countries in accordance with the Terms.
27.6 PayPocket and the Company store Personal Data for a period not exceeding that necessary for the purpose of the treatment described in these Terms or the deadline established by the applicable legislation.
27.7 The User is entitled to request once every twelve months, without charge, receipt of a report concerning Personal Data processed by PayPocket or the Company, where data has been stored, the reason for the treatment of data and the recipients or categories of recipients to which the data is transmitted. The request for this report must be made in writing and signed by the User. Applications must refer to PayPocket or the Company by ordinary mail to the address specified in the introductory section of these Terms. If the User detects that any treated Personal Data is incorrect, he may contact PayPocket or the Company for its rectification. If the User requires another report within the period of twelve months, he shall pay the equivalent in United States dollars to three days of minimum wage for the territory of Puerto Rico.
27.8 With the aim of protecting the Account Information of the User from accidental loss or unauthorized access, PayPocket and the Company have implemented and apply the globally recognized information account protection standards and protocols PCI DSS (www.pcisecuritystandards.org), including requirements of good governance and management, policies, procedures, network architectures, application and other measures of great importance. PayPocket and the Company, however, cannot guarantee that unauthorized access by third parties cannot overcome such safety measures or use the User Account Information for improper purposes. The User accepts and assumes that information is provided at their own risk.
27.9 PayPocket and the Company reserve the right to make changes to this privacy notice, which will be notified via email. If the User goes not agree with the new terms of the privacy notice, he must make a request in person for the removal of his data or send a request in writing to the address referred to in the introduction of these Terms.
27.10 By accepting these Terms, the User agrees that PayPocket or the Company will use his Personal Data in accordance with the Terms. The User accepts and assumes that Personal Data can be used by PayPocket or the Company or the acquiring bank to comply with obligations of reporting and data in accordance with the rules of the Networks. The User may at any time contact PayPocket or the Company in order to request information on the processing of Data, as well as at any time withdraw his consent to the processing of Personal Data, or some related aspect such as the receipt of direct marketing, by contacting PayPocket or the Company via email at firstname.lastname@example.org or whenever possible through the Application or through regular mail at the address indicated in the introductory section of these Terms. The User is aware that such withdrawal of consent may result in the User not being able to use the Service, or parts of it, and that it may also involve the automatic termination of the Contract in accordance with paragraph 26 above.
28. Notices and information
28.1 PayPocket’s written notices or the Company’s written notices to the User will be sent in Spanish and will be sent by email, unless the law requires some other formality for the specific situation. Any notification sent to the User in this manner will be considered received by the User no later than the following business day.
29.1 The User may not assign any right or obligation in connection with the Service or with the User’s Account to any third party without the prior written consent of PayPocket or the Company. PayPocket or the Company have the right to assign total or partially to a third party its rights on the basis of the Contract without the consent of the User.
30. Additions and modifications
30.1 PayPocket or the Company may at any time make additions or modifications to the Terms. Such modifications will be carried out in the Spanish language. The User will have access to such changes or additions through the Website (www.paypocketmobile.com). If such additions or modifications are not accepted by PayPocket – Terms & Conditions (9 of 9) PPKT-v2.4-01-31-17 the User, and he communicates as such to PayPocket or the Company, the User may not continue using the Service; PayPocket or the Company will not continue to provide the Service, and these Terms will be processed as terminated, as set out in paragraph 26.
31. Disputes and conflicts
31.1 This Contract shall be construed in accordance with the laws of the Commonwealth of Puerto Rico, and any dispute relating to the Contract which the parties cannot resolve through negotiation shall be resolved by the courts and tribunals of Puerto Rico.
31.2 In case of any discrepancy between these Terms and the rules issued by the Networks, these rules shall prevail over the Terms permitted by the applicable mandatory legislation.
32. Third party websites
32.1 The Website may contain links or redirections to other websites that are not operated by PayPocket or the Company. PayPocket or the Company does not control or assume any responsibility for the content of such websites. The User is fully responsible for the use and access to such websites and is advised to carefully read any terms and conditions and policies regarding Personal Data and confidentiality that may be applicable.
33.1 The User accepts that PayPocket or the Company shall be entitled, before or after the decision referred to in paragraph 3.5, to carry out an audit of the business of the User, either by itself or through a third party appointed by PayPocket or the Company (including analysis or studies about the location and establishment of the business) to the extent that PayPocket or the Company deem necessary to ensure compliance with applicable laws, the rules issued by the acquiring bank of PayPocket or the Company, Network and/or this Contract.