TERMS AND CONDITIONS OF USE
Usage – PayToo Corp. doing business as (d/b/a) PayToo ® (hereinafter “PayToo”, “we”, “us” and/or “our”), conditioned upon payment of the specified transaction fees that apply, agrees to provide the PayToo User (hereinafter also “you” and/or “your”, “PayToo Mobile Wallet User” or “PayToo User”) a service that enables the right to use the PayToo Platform ™ via a PayToo Mobile Wallet ™ .
Receiving/Sending Funds - PayToo provides its Users with access to a secure system to access their money and make transactions. When you receive/send funds to/from your PayToo Mobile Wallet, transaction fees will apply and be deducted for the specified transaction based on the list of fees posted on the PayToo Website. "The information provided on this website provides a general summary of all services offered by PayToo Corp. Some of these services are not available in all States in the US or internationally."
Notice of Errors - PayToo Mobile Wallet Users are to immediately notify PayToo in writing of any errors or problems in the Service.
Disclaimer of Warranties and Limitation of Liability – PayToo makes no representations or warranties of any kind with respect to the service and/or performance of the service; PayToo does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the service and/or the product in terms of correctness, accuracy, reliability, timeliness, or otherwise. The PayToo User assumes all the risks associated with the results and performance of the product and services. PayToo is not liable to any PayToo User for any consequential or incidental damages arising from the breach of any payments or contracts, the failure of delivery, delay in delivery, delivery in nonconforming condition, the use of the service and/or the product or for any other breach of contract or duty between PayToo and the PayToo User. PayToo has no obligation to provide the services available on its platform and has no liability to the PayToo User in the event PayToo is unable to provide such services. PayToo has sole discretion to determine the processes of how to make payments and to change such methods of payment or operations as it sees fit.
Agreement - The PayToo User's use of the services will not in any respect modify any of the terms, conditions, or restrictions contained in the license agreement or other agreements by which the PayToo User initially acquired rights to use the product or service. The use of PayToo products and services shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the Service Agreement. PayToo acts as a facilitator for PayToo Mobile Wallet Users and other authorized third-party Users. We act as the User’s agent based upon the PayToo User’s requests to use our products or services that require us to perform tasks on their behalf. The PayToo User acknowledges that PayToo is not a bank and the PayToo computer platform is an Electronic Data Interchange (“EDI”), Electronic Warehouse Exchange (“EWE”) that connects to a network of third party payment processing service providers and Money Service Businesses rather than a banking service. By initiating and sending payments through the service or adding funds to your balance. Through the Website, you may provide instructions to subtract the funds or move the funds to a third party, in each case it is subject to the terms and restrictions of this Agreement.
Service Advisory - Any and all claims or disputes relating to the service shall be governed by the laws of the United States of America. For the purpose of resolving conflicts relating to the service, PayToo and the PayToo User expressly agree that the venue can only be in Dade County, Florida, U.S.A. and, in addition, the PayToo User hereby consents, as applicable, to the jurisdiction of The United States District Court for Southern District of Florida. PayToo may assign its rights and delegate its duties with respect to the service without providing notice to, or receiving the consent of, the PayToo User. In the event that a PayToo User stops payment on a check, reverses a bank credit or wire transfer previously scheduled into your PayToo Mobile Wallet, the PayToo User will be charged a minimum of Twenty Five Dollars ($25.00) USD or its equivalent in the designated local currency.
Purchase Advisory - PayToo assumes no responsibility for any and all purchases made through the PayToo system. Anytime PayToo Mobile Wallet Users make a purchase of a product or service they are doing so at their own risk. By signing up and joining PayToo, all Users hereby agree in full that PayToo and all its subsidiaries, officers, directors, employees, owners, agents and affiliates, are released from any liability of losses Users may incur when using this service. Users completely indemnify PayToo and waive all their rights to file in the past, present or future, any legal action of any type against PayToo, its owners, officers, employees and affiliates and agree that neither PayToo, its officers, directors, employees, owners, agents or affiliates will not be named by any User or any other person, law firm, lawyer, former lawyer, that represents a User or user in any legal actions past, present, or future or any other actions of any sort IN ANY APPROPRIATE COURT IN ANY COUNTRY. You, the PayToo User or anyone that represents you shall NEVER in any case seek monetary reimbursement from PayToo in any shape form or fashion, in ANY capacity due to our processing of payments for any of the merchants or companies using the PayToo system. PayToo is only a payment processor. PayToo has no control over any affiliate’s daily business operations. PayToo does not and will not issue refunds for any purchases made using PayToo. Users must contact the merchant or the company providing the service or product purchased using PayToo. Knowingly and intentionally denying any credit or debit card transaction, bank wire or direct bank move used to fund with a PayToo Mobile Wallet with a User’s specific authorization constitutes fraud and violates the laws governing this contract. Any such action will be prosecuted to the maximum extent allowable.
Mobile Wallet Information Policies - Use of the PayToo computer processing platform, products or services make each and every User responsible and liable of maintaining updated and complete contact information in the User’s profile at all times. Any Mobile Wallet found at anytime not to have such information in the profile of the Mobile Wallet will have the Mobile Wallet suspended and all funds frozen for a period of one hundred and eighty (180) days to protect against any future chargebacks or fraud.
Compliance with Laws - PayToo Mobile Wallet Users will conduct business affairs in an ethical manner and in accordance with the terms and intent of this Agreement and in compliance with all applicable laws and regulations.
Restricted Activities – User information and activities (including payments and receipt of payments) through the PayToo platform shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; violate PayToo's Acceptable Use Policy; infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; contain any electronic and/or computer viruses, Trojan Horses, Worms, Time Bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or create liability for PayToo or cause PayToo to lose (in whole or in part) the services of the system. Additionally, any Website dealing with computer and /or software disruption such as hacking, cracking, phreaking, phishing or any material of such nature will not be allowed. Violating any of the above terms will result in the suspension of the User Mobile Wallet and any and all funds will be forfeited. If you use, or attempt to use any PayToo products or services for purposes other than sending and receiving payments and managing your Mobile Wallet, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the product or service, your Mobile Wallet will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Unacceptable Merchant Websites - PayToo does NOT accept pharmaceutical, tobacco, firearms, illegal gambling and lottery or casino businesses and pyramid organization or affiliation business.
Fraud - PayToo Mobile Wallet Users shall not use the products or services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction.
Anti-Money Laundering Policy (“AML”) - PayToo fully participates and abides by all government regulated anti-money laundering policies. Suspicious large deposits of Ten Thousand Dollars ($10,000.00) USD or more in a specified local currency will be reported to appropriate government authorities. Users are required to keep their Mobile Wallets and contact information current at all times. Any Mobile Wallets found to contain incorrect and/or outdated information will be suspended and all funds held. Users wishing to use certain features of their Mobile Wallet will be required to verify their identity via government-issued picture identification or other appropriate documentation as required in the profile identification area. All submitted documentation is held in the strictest confidence. However, in cases of intentional abuse, any User participating, abetting or assisting in fraudulent and/or attempted fraudulent activities relinquishes any and all rights to privacy of personal information. In compliance with the U.S.A. PATRIOT Act, PayToo has adopted an Anti-Money Laundering (“AML”) Book of Compliance that incorporates the Final Rules issued by The United States of America Department of Treasury, Financial Crimes Enforcement Network ("FinCEN"). This Book of Compliance applies to all PayToo’s officers and employees. The AML Compliance officer is responsible for initiating Suspicious Activity Reports ("SARs") or other required reporting to the appropriate law enforcement or regulatory agencies. It is the policy of PayToo to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. PayToo is committed to AML compliance in accordance with applicable law and requires its officers and employees to adhere to these standards in preventing the use of its products and services for money laundering purposes. For the purposes of the Policy, money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets. Generally, money laundering occurs in three stages: Cash first enters the financial system at the "enrollment" stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or traveler's checks, or deposited into Mobile Wallets at financial institutions. At the "layering" stage, the funds are moved into other Mobile Wallets or other financial institutions to further separate the money from its criminal origin. At the "integration" stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses. Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later be used for criminal purposes. There are signs of suspicious activity that suggest money laundering. These are commonly referred to as "red flags." If a red flag is detected, additional due diligence will be performed before proceeding with the transaction. If a reasonable explanation is not determined, the suspicious activity shall be reported.
PayToo is compliant in filing a Suspicious Activity Report (“SAR”) when it knows and/or suspects that:
A. The funds come from illegal activity or disguise funds from illegal activity; and/or
B. The transaction is structured to evade Banking Secrecy Act (“BSA”) requirements or appears to serve no known business or apparent lawful purpose; or our services are being used to facilitate criminal activity.
Transaction based monitoring will occur within the appropriate business units of PayToo. Monitoring of specific transactions will include but will not be limited to transactions aggregating or more and those with respect to which PayToo have a reason to suspect suspicious activity. All reports will be documented and retained in accordance with the Act.
Closing PayToo Mobile Wallets and limiting Mobile Wallets access: The application of these terms and conditions shall begin as of the moment of PayToo User’s acceptance of the terms hereof and shall continue so long as such User uses the Website or services, unless terminated pursuant terms hereof. PayToo reserves the right to limit access to making subtract als from a PayToo Mobile Wallet, and the right to terminate this Agreement with no prior notice to you for any one of the events listed below:
- Reports of unauthorized or unusual credit card use associated with the Mobile Wallet including, but not limited to, notice by the card-issuing bank. This includes notices made by PayToo Mobile Wallet Users to their respective credit card / debit card issuing company that a transaction was unauthorized or that the Mobile Wallet was compromised, and is done in order to protect the PayToo User from further unauthorized use of their card;
- Reports of unauthorized or unusual usage associated with the bank Mobile Wallet;
- The Mobile Wallet has been used in or to facilitate fraudulent activity;
- Violations of this PayToo Terms and Conditions;
- Submitting modified and/or forged verification documents; or
- Any breach hereof.
PayToo will use reasonable efforts to investigate PayToo Mobile Wallets that are subject to Mobile Wallet access limitations and promptly reach a final decision on the limitations. If the PayToo Mobile Wallet is restricted, all funds will be held for a period of time until the issue can is resolved. However, depending on the reason of restriction, it may be held for a lesser period, which will be determined at the discretion of the Mobile Wallet Specialist. By following the PayToo Terms and Conditions, the PayToo User can help protect his/her Mobile Wallet access from being limited.
DISPUTE RESOLUTION BY ARBITRATION
Binding Arbitration: All disputes that cannot be resolved pursuant to the internal issue resolution process identified above will be submitted to and settled by final and binding arbitration. The arbitration will take place in Florida, Dade County, USA, and will apply the governing law of this Agreement. If you and/or PayToo have a dispute with PayToo that is not resolved informally, you and PayToo agree that upon demand by either you or PayToo, the dispute will be resolved through an alternative dispute resolution process using binding arbitration. A “dispute” includes: Any unresolved disagreement between you and PayToo; any disagreement relating in any way to the service or related services or matters described in this PLATU; disagreements regarding your access to the service, access to your PayToo Wallet Mobile Wallet; claims based on broken promises or contracts, torts, or other wrongful actions; statutory, common law, and equitable claims, about the meaning, interpretation, application or enforceability of this PLATU and or this arbitration. Our right to binding arbitration shall survive any termination of your PayToo Wallet Mobile Wallet service.
YOU AGREE THAT YOU AND PAYTOO ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
As the sole exception to this arbitration agreement, PayToo retains the right to pursue in small claims court any dispute that is within that court’s jurisdiction. If either you or PayToo fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
Arbitration procedure: Each arbitration, including the selection of the arbitrator(s) shall be administered by the American Arbitration Association (“AAA”), or such other neutral arbitration administrator as you and PayToo may mutually agree to (“Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrators must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. The parties agree that in this relationship: (1) The parties are participating in transactions involving interstate commerce; (2) The arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) This agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and PayToo. If any of the provision of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.
Severability: You or PayToo may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has been previously commenced.
NEITHER YOU NOR PAYTOO SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Rights preserved: This arbitration agreement does not prohibit you or PayToo from exercising any lawful rights or using other available remedies to preserve, or obtain possession of property; exercise self-help remedies, including setoff rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment or the appointment of a receiver by a court of competent jurisdiction. All statutes of limitations applicable to any dispute apply to any arbitration between you and PayToo.
The provisions of this arbitration agreement shall survive termination or amendment of the deposit relationship or any other relationship between you and PayToo.
Fees and expenses of arbitration: Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your Mobile Wallet limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the respective expenses of retaining an attorney and/or any expert witness fees, regardless of which of us prevails in the arbitration.
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