Terms of Service
Thank you for using payablecard.
Please read these Terms of Service (“Terms”) carefully. By using payablecard and/or signing up for a payablecard account, you agree to be bound by these Terms. payablecard reserves the right, at its sole discretion, to make changes to these Terms. If a valid agreement exists between you (“Customer”) and payablecard related to the subject matter hereof, those terms take precedence over these terms unless otherwise agreed by the Parties.
Revised November 14, 2019
I. DESCRIPTION AND DEFINITIONS
payablecard (“payablecard” or the “Service”) is a Digital Rewards Service offered through the URL app.payablecard.net (the “Website”) that allows you (the “Customer”) to send digital rewards (“Rewards”) to your customers, employees and business contacts (“Recipients”). The Service includes the Website, all related websites and mechanisms, as well as APIs and connectors for integration with third-party services. The Service is owned and operated by payablecard, Inc., (“payablecard”, “we”, or “us”). The term “Gift” used in the Service also refers to and is intended to mean the same as Rewards.
II. DATA PROCESSING
To the extent that payablecard processes any Customer Data, the terms of the payablecard Data Processing Agreement, are hereby incorporated by this reference.
1. The availability of Rewards to Customer may be subject to approval from the Merchant providing the Reward.
2. The price of Rewards and any associated fees are subject to change without notice.
3. All third party service or Reward providers (each a “Merchant”) of prepaid cards are subject to change without notice.
4. While payablecard tries to be as accurate as possible at all time on its site, if a Reward listed has an incorrect price due to a typographical or human error, payablecard has the right to refuse or cancel orders placed for the product with the incorrect price.
6. payablecard is not responsible for the loss of any value associated with a Reward once it has been claimed. To reduce the likelihood of any potential loss, payablecard encourages Recipients to redeem Rewards on a timely basis.
7. Customer acknowledges that Rewards sent through the Service are provided by Merchants who provide issuing, fulfilment, customer service and transaction-related services for Merchant-specific rewards, and payablecard is not liable for any claims related to those services. payablecard does not serve as the issuer of the Rewards or provide any ongoing transactional related services after the Reward has been claimed.
IV. RESTRICTIONS ON USE
1. Customer shall only use payablecard to send Rewards to Recipients in association with Customer’s internal loyalty, award or promotion program. 2. Customer shall not utilize payablecard to send personal gifts.
2. No single Recipient shall be sent Rewards valued at more than $10,000 in a single banking day. Merchant, as the issuer, is required to comply with all federal, state and local laws, rules, and regulations relating to the issuance and fulfillment of Rewards including but not limited to an anti-money laundering (AML) compliance program.
3. Customer shall not further resell Rewards acquired from payablecard.
4. Use of the Service is subject to any and all applicable federal, state and local laws and ordinances.
5. payablecard reserves the right to require additional information to verify a Customer’s account information, payment methods and use of Rewards. payablecard reserves the right to reject any Customer accounts, orders and payments.
6. payablecard may suspend and/or terminate Service to Customer upon Customer’s breach of these Terms, non-payment for Services, or upon evidence of fraudulent or illegal use of the Service.
7. Customer must be at least eighteen (18) years of age to utilize payablecard and its Website and Services.
8. If you are creating an account or utilizing payablecard’s Website or Services on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind the entity, organization or company to these Terms.
V. PURCHASE & REFUNDS
1. Customer may establish and fund specific promotions (each a “Campaign”) to offer and purchase Rewards for Recipients.. When Customer places an order in a Campaign, payablecard will allocate the specific funds (“Campaign Funds”) to the Rewards associated with the specific Campaign until the Rewards have been claimed by Recipients. If a Recipient claims a Campaign Reward, the Campaign Funds will be debited consistent with the price of the Reward and any applicable payablecard fees. This debited amount is non-refundable regardless of whether the Recipient uses the Reward to make purchases. If the Reward offer expires, 100% of the Campaign Funds allocated for the Reward – minus any applicable payablecard fees – will be refunded to Customer’s account balance and can be used to fund future orders. If Customer cancels a Reward prior to offering it to a Recipient, 100% of the Campaign Funds allocated for the Reward including any applicable payablecard fees – will be refunded to Customer’s Account Balance.
2. Customer may withdraw funds from its payablecard Account Balance by requesting a check or credit back to the same credit card.
3. No interest shall be paid or owed on funds in Customer’s payablecard account .
4. Customer may be assessed additional fees l when paying by Credit Card. payablecard may limit the types of credit cards it accepts. payablecard may limit the amount that can be paid using Credit Card. payablecard reserves the right to reject payment by credit card for any order.
VI. DISCLAIMERS, LIMITATION OF LIABILITY
1. Customer will indemnify, defend and hold payablecard harmless, at Customer’s expense, against claims brought against payablecard (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by any third party related to (a) Customer Data, (b) unauthorized or illegal use of the Service by Customer, (c) Customer’s noncompliance with or breach of these Terms, or (d) Customer’s use of Third-Party Products. Customer will indemnify payablecard against all damages finally awarded against payablecard (or the amount of any settlement Customer enters into) with respect to these claims.
2. payablecard will indemnify, defend and hold Customer harmless, at payablecard’s expense, against claims brought against Customer by any third party alleging that Customer’s use of the Service infringes or misappropriates a patent claim, copyright, or trade secret right. payablecard will indemnify Customer against all damages finally awarded against Customer (or the amount of any settlement payablecard enters into) with respect to these claims. In the event a claim is made or likely to be made, payablecard may replace or modify the Service to be non-infringing without a material decrease in functionality. If this option is not reasonably available, payablecard or Customer may terminate Customer’s account and subscription to the Service upon written notice to the other.
3. The Service is provided on an “as is” basis, and payablecard expressly disclaims any and all warranties of fitness for a particular purpose, and any and all warranties relating accuracy, completeness or adequacy of service. Customer understands that it assumes the entire risk with respect to the use of the Service.
4. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, payablecard WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS.
5. In no event shall payablecard’s entire liability with respect to the Service exceed the last 3 months fees paid by Customer to payablecard.
VII. GENERAL TERMS
1. Customer shall be solely responsible for the actions of individuals who are affiliated with Customer and who utilize the Service. Customer shall be solely responsible for determining which individuals may or may not participate in the Campaigns it sponsors or offers.
2. Customer shall be solely responsible for ensuring the accuracy and correctness of all data and commands which it enters in the Service platform and payablecard shall have no liability for damages resulting from inaccurate or incorrect data entered into the Service platform.
3. Customer understands and agrees that it is solely responsible for determining income reporting requirements for tax purposes. payablecard cannot and does not offer tax advice to Customers or Recipients.
4. payablecard owns and retains all rights to the Service, unless otherwise expressly granted to Customer. Customer acknowledges that any digital assets (Tokens, scripts or any piece of software code) made available to Customer by payablecard remain the intellectual property of payablecard, and must only be used in the manner instructed by payablecard. Reverse engineering, tampering or otherwise modifying these digital assets is expressly prohibited. Customer accepts responsibility for any damages caused to payablecard, Recipients, or payablecard’s Customers as the result of unauthorized modification of payablecard’s digital assets.
5. Customer with a Basic or On Demand plan may cancel its account and terminate its use of the Service by providing a written thirty (30) day termination notice to payablecard.
6. Customer grants payablecard the right to add its name and company logo to payablecard’s customer list and websites.
1. Pointsjoy is payablecard’s points reward management system, allowing Customers to reward its participants with loyalty points (“Points”) that can be redeemed for Rewards.
2. payablecard does not serve as the issuer of Customer Points within Customer’s reward and/or loyalty program (“Reward Program”).
4. Customer is responsible for making available to Recipient all terms and conditions relating to any taxing liability, including disclosure connected with the receipt or use of Points in Customer’s Reward Program.
5. payablecard makes no representation or warranties, expressed or implied, to Recipient with respect to Customer’s Reward Program.
6. Customer’s Reward Program is developed, maintained, and solely operated by Customer. payablecard may only serve as a management system for the tracking of points within Customer’s Reward Program.
1. Customer may not assign any of its rights under this agreement.. payablecard may assign its rights to any other individual or entity at its sole discretion.
2. Any dispute between Customer and payablecard arising in connection with these Terms shall be resolved through binding arbitration to be conducted in the Commonwealth of Virginia, before a single arbitrator. The decision of the arbitrator may be entered, in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to an award of its reasonable attorney’s fees and costs, in addition to any award of damages or other relief. CUSTOMER AND payablecard HEREBY WAIVE THE RIGHT TO A JURY TRIAL.
3. These terms shall be governed by and construed in accordance with the procedural and substantive laws of the Commonwealth of Virginia.
4. These Terms are for the benefit of the Customer and payablecard only.
5. payablecard may change any of the Terms by posting revised Terms of Service on our Website. payablecard shall provide prior email Notice of any material changes by sending an email. Unless you terminate your account within ten (10) days after receipt of such email, the new Terms will be effective immediately and apply to any continued or new use of payablecard.
6. payablecard may change the Website, the Service, or any features of the Website or Service at any time, and in its sole discretion.
7. The following sections will survive termination of the relationship between Customer and payablecard:: V, VI. IX(2), (3), (4) and (7).