These Terms of Use are between you
and Wiredfunds Technologies, Inc.
and its affiliates (collectively
"Wiredfunds,"
"we," or "us"), concerning your use of
(including any access to) the banking and other financial services we make
available to you on our website located at: https://wiredfunds.net (the
"Site") or on our mobile application (the
"App," together with the Site and banking and financial
services, collectively the "Services"). By accessing or
using our Services, or otherwise manifesting your assent to these Terms of
Use (the "Agreement"), you signify that you have read,
understood and agree to the Agreement and our collection, storage, use and
disclosure of your personal information as described in the Privacy Policy
located at: https://wiredfunds.net /account/privacy.php. Additionally, by submitting your application
to obtain an account with us ("Account"), you signify that
you have read, understood, and agree to be bound by, the Deposit Account
Agreement and/or the Debit Cardholder Agreement, as applicable, of the
banking service provider(s) for your account. You also agree to receive all
notices and other communications from us
electronically. Wiredfunds reserves the right to make unilateral modifications to these terms and will
provide notice of these changes by posting an updated version here: https://wiredfunds.net /account/terms.php. "Company" or "you" means
the legal entity that is applying for or that has opened an Account to use
the Services and the individual applying for the Account. If you are the
individual applying for the Account, you represent and warrant that you are
an authorized representative of Company with the authority to bind Company
to this Agreement ("Administrator"), and that you agree to
this Agreement on Company’s behalf.
PLEASE READ THIS AGREEMENT
CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT
CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL
WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Eligibility.
This is a contract between you
and Wiredfunds. You must read and
agree to these terms before using the Services. If you do not agree, you may
not use the Services. You may only apply for an Account, and use the
applicable Services under such Account, if you can form a binding contract
with Wiredfunds.You may only use
the Services in compliance with this Agreement and all applicable local,
state, national, and international laws, rules and regulations. Any use of
or access to the Services for consumer or non-commercial purposes or by any
who is not your employee, contractor, agent, or other permitted to use your
Account on your behalf ("User") is strictly prohibited and
in violation of this Agreement.
Applying for an
Account.
Your Account gives you access to certain Services,
the demand deposit account ("Deposit Account") and debit
cards ("Cards") provided by one of our financial
institution providers (each a "Banking Provider") and any
other functionality that we may establish and maintain from time to time and
in our sole discretion. You will need to provide Company information and
certain personal information (collectively, "Company
Information") when you apply for an Account. Company
Information may include your registered business name and state of
incorporation, the business address, ownership details, the nature of the
business, and other business information we may request from time to time;
the name, contact information, and date of birth of Administrators, Users or
beneficial owners, and other personal information; and a corporate
registration certificate, proof of address, personal identification, and any
other documentary information used to verify business and personal
information. You acknowledge that you have obtained or will obtain
appropriate consent and authorization of any person whose personal
information you provide before sharing such data with us.
We provide
Company Information to our Banking Providers and other third-party service
providers to determine your eligibility for access to certain Services. We
rely on the accuracy of the Company Information you provide us when opening
and maintaining your Account. We may deny your application, suspend
provision of such Services to you, or close your Account if Company
Information is out of date, incomplete, or inaccurate.
Account
Management and Security.
You must specify at least one
Administrator to manage your Account when submitting your Application.
Administrators can add, remove, or manage additional Administrators and
Users; request and manage Cards for Users; view transactions and run
reports; provide or update Company Information; connect third-party services
and other accounts to your Account; and perform other tasks to manage your
Account. You are responsible for any actions or failure to act on the part
of Administrators or Users, or those using their credentials to access your
Account. You are solely responsible for the activity that occurs on your
Account, and you must keep your Account password secure. We encourage you to
use "strong" passwords (for recommendations on what constitutes a strong
password, check the National Institute of Standards and Technology (NIST))
with your Account. You must
notify Wiredfunds immediately of
any breach of security or unauthorized use of your
Account. Wiredfunds will not be
liable for any losses caused by any unauthorized use of your Account. We may
suspend access to your Account if we believe that your Account has been
compromised. Your Account is commercial in nature, and you acknowledge and
understand that certain consumer protection laws and consumer-specific rules
do not apply to transactions on your Account or your use of the
Services.
Fees.
We may assess fees for
some Services, including periodic fees, usage fees, service fees, and fees
applicable to certain transactions. We may also assess fees for late or
failed payments, or misuse of your Account or the Services. We will disclose
fees to you when opening your Account, when you start using a new Service,
or through the Site. We may update, add, or change fees upon 30 days' notice
to you. Any accrued or incurred fees will be reflected on your
statements.
Prohibitions.
You may agree
that you will not:(a) use the Account or the Services for any purpose that
is unlawful or prohibited by this Agreement;(c) use the Account or the
Services
for the benefit of an individual, organization, country, or jurisdiction
that is blocked or sanctioned by Cyprus, including those identified on any
lists maintained by the Cyprus Treasury Department’s Office of Foreign
Assets Control (OFAC) or the Cyprus Department of State;(d) use the Account
or the Services for any third parties unaffiliated with Company;(e) use the
Account or the Services to collect any market research for a competing
business;(g) interfere with or
attempt to interrupt the proper operation of the Services through the use of
any virus, device, information collection or transmission mechanism,
software or routine, or access or attempt to gain access to
any Wiredfunds IP, data, files,
or passwords related to the Services through hacking, password or data
mining, or any other means;(h) decompile, reverse engineer, or disassemble
any software or other products or processes accessible through the
Services;(i) circumvent, remove, alter, deactivate, degrade, or thwart any
of the Content protections in the Services;(j) use any robot, spider,
scraper, or other automated means to access the Services for any purpose
without our express written permission; provided, however, we grant the
operators of public search engines permission to use spiders to copy
materials from the public portions of the Services for the sole purpose of,
and solely to the extent necessary for, creating publicly-available
searchable indices of the materials, but not caches or archives of such
materials; and(k) take any action that imposes or may impose (in our sole
discretion) an unreasonable or disproportionately large load on our
technical infrastructure.
Subject to the terms and conditions of this Agreement, you are hereby granted
a non-exclusive, limited, non-transferable, freely revocable license to use
the Services. Wiredfunds reserves
all rights not expressly granted herein in the Services and
the Wiredfunds IP (as defined
below). Wiredfunds may terminate
this license at any time for any reason or no reason. The Services and all
materials therein or transferred thereby, including, without limitation,
software, images, text, graphics, illustrations, logos, patents, trademarks,
service marks, copyrights, photographs, audio, videos, music, and User
Content belonging to other Users (the
"Wiredfunds IP"),
and all Intellectual Property Rights related thereto, are the exclusive
property of Wiredfunds and its
licensors. Except as explicitly provided herein, nothing in this Agreement
shall be deemed to create a license in or under any such Intellectual
Property Rights, and you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from
any Wiredfunds IP. Use of
the Wiredfunds IP for any purpose
not expressly permitted by this Agreement is strictly prohibited.
You
may choose to, or we may invite you to, submit comments or ideas about the
Services, including without limitation about how to improve the Services or
our products ("Feedback"). By submitting any Feedback, you
agree that your disclosure is gratuitous, unsolicited and without
restriction, and will not
place Wiredfunds under any
fiduciary or other obligation, and that we are free to use your Feedback
without any additional compensation to you, or to disclose your Feedback on
a non-confidential basis or otherwise to anyone. You further acknowledge
that, by acceptance of your
submission, Wiredfunds does not
waive any rights to use similar or related ideas previously known
to Wiredfunds, or developed by
its employees, or obtained from sources other than you.
For the
purposes of this Agreement, "Intellectual Property Rights"
means all patent rights, copyright rights, mask work rights, moral rights,
rights of publicity, trademark, trade dress and service mark rights,
goodwill, trade secret rights and other intellectual property rights as may
now exist or hereafter come into existence, and all applications therefore
and registrations, renewals and extensions thereof, under the laws of any
state, country, territory or other jurisdiction.
By using the Services, you grant Wiredfunds a non-exclusive, royalty-free, license during the Term to collect, use, disclose, combine, transmit, format, and display Company Information, personal information, and any other information submitted by Company through the Services (collectively, "User Content"), for the purposes provided in the Privacy Policy available at: https://wiredfunds.net /account/privacy.php. Additionally you grant Wiredfunds the right to aggregate data we collect from your use of the Services ("Site Data") and use such Site Data for our business purposes. You also acknowledge and agree that by using the Services, User Content and Site Data will be collected, used, transferred to and processed in the Cyprus. Wiredfunds uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Company Information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures and use User Content for improper purposes. You acknowledge that you provide User Content at your own risk. Your use of the Deposit Account and Cards is subject to the privacy policies and terms of use of our Banking Providers.
The Services may contain links to third-party materials that are not owned or controlled by Wiredfunds . Wiredfunds does not endorse or assume any responsibility for any such third-party services, information, materials, products, or Services. If you access a third-party website, application or service from the Services, you do so at your own risk, and you understand that this Agreement and Wiredfunds’s Privacy Policy do not apply to your use of such third-party services. You expressly relieve Wiredfunds from any and all liability arising from your use of any third-party websites, applications, services, or content.
To the maximum extent permitted by applicable law, in no event
shall Wiredfunds, its affiliates,
agents, directors, employees, suppliers, or licensors be liable for any
indirect, punitive, incidental, special, consequential or exemplary damages,
including without limitation damages for loss of profits, goodwill, use,
data or other intangible losses, arising out of or relating to the use of,
or inability to use, the services. Under no circumstances
will Wiredfunds be responsible
for any damage, loss, or injury resulting from hacking, tampering, or other
unauthorized access or use of the services or your account or the
information contained therein.
To the maximum extent permitted by
applicable law, Wiredfunds assumes no liability or responsibility for any (I) errors, mistakes, or
inaccuracies of content; (ii) personal injury or property damage, of any
nature whatsoever, resulting from your access to or use of our services;
(iii) any unauthorized access to or use of our secure servers and/or any and
all personal information stored therein; (iv) any interruption or cessation
of transmission to or from the services; (v) any bugs, viruses, trojan
horses, or the like that may be transmitted to or through our services by
any third party; (vi) any errors or omissions in any content or for any loss
or damage incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available through the services; and/or (vii)
user content or the defamatory, offensive, or illegal conduct of any third
party. In no event
shall Wiredfunds, its affiliates,
agents, directors, employees, suppliers, or licensors be liable to you for
any claims, proceedings, liabilities, obligations, damages, losses, or costs
in an amount exceeding $100.00.
This limitation of liability section
applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even
if Wiredfunds has been advised of
the possibility of such damage. The foregoing limitation of liability shall
apply to the fullest extent permitted by law in the applicable jurisdiction.
This Agreement is effective when you start using our Services and continues until terminated by either you or us, or in accordance with the Banking Provider Agreements or as otherwise set forth in this Agreement (the "Term"). You may terminate this Agreement by paying all amounts you owe and providing notice to us; except that you will still be responsible for any charges, fees, fines, and other losses caused by your action or inaction prior to terminating this Agreement. We may terminate this Agreement, or suspend your Account, at any time for any reason by providing you notice.
This Agreement is effective as of the Last Modified date stated at the top.
We may change this Agreement from time to time. Any such changes will be
posted on the Site. By accessing the Services after we make any such changes
to this Agreement, you are deemed to have accepted such changes. Please
refer back to this Agreement on a regular basis.
We may add Services
or modify existing Services at any time. Some of these Services will be
subject to additional terms. You acknowledge and understand that in order to
use certain Services, you must agree to the additional terms that we will
provide separately from this Agreement, and which will be incorporated by
reference and form a part of this Agreement.
We do not guarantee that
each of the Services will always be offered to you, that they will be
available to you, or that you will qualify or be able to utilize any
particular Service. Services will change from time to time, and certain
Services may be discontinued or others may be added.
Governing Law.
You agree that:
(i) the Services shall
be deemed solely based in Cyprus; and
(ii) the Services shall be
deemed passive ones that do not give rise to personal jurisdiction over us,
either specific or general, in jurisdictions other than Cyprus. This
Agreement shall be governed by the internal substantive laws of the
Cyprus, without respect to its conflict of laws principles. The parties
acknowledge that this Agreement evidences a transaction involving interstate
commerce. Notwithstanding the preceding sentences with respect to the
substantive law, any arbitration conducted pursuant to the terms of this
Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§
1-16). You agree to submit to the personal jurisdiction courts located in, Cyprus for any actions for
which we retain the right to seek injunctive or other equitable relief in a
court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of our copyrights, trademarks,
trade secrets, patents, or other intellectual property or proprietary
rights, as set forth in the Arbitration provision below, including any
provisional relief required to prevent irreparable harm. Subject to Section
10B, you agree that the federal or state courts located in
Country, Cyprus is the proper forum for any appeals of an arbitration
award or for trial court proceedings in the event that the Arbitration
provision below is found to be unenforceable.
Assignment.
This Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by Wiredfunds without
restriction. Any attempted transfer or assignment in violation hereof shall
be null and void.
Notification Procedures and
Changes to the Agreement.
You consent to us providing
notices to you under this Agreement electronically and understand that this
consent has the same legal effect as a physical signature. We will provide
notices to you electronically through your Account, and via text or SMS to
the phone numbers provided to us by Administrators and Users. If you sign up
to receive certain Wiredfunds notifications or information via text or SMS, you may incur additional
charges from your wireless provider for these notices. You agree that you
are solely responsible for any such charges. Notices affecting the terms of
this Agreement will be sent to Administrators and are considered received 24
hours after they are sent. You understand that you may not use the Services
unless you consent to receive notices from us electronically. You may only
withdraw consent to receive notices electronically by closing your Account.
Notices may include alerts about the Services, your Account, your Card and
your Deposit Account and may provide Administrators and Users the ability to
respond with information about transactions or your Account. Administrators
and Users may disable notification preferences to limit the use of certain
Service features or to decrease financial risks to the Company.
Administrators and Users are required to maintain a regularly updated web
browser, and computer and mobile device operating systems to receive notices
correctly. Administrators and Users will be responsible for all costs
imposed by internet or mobile service providers for sending or receiving
notices electronically. Contact us immediately at: [email protected] if
you are having trouble receiving notices from us. For further information,
please review our Electronic
Disclosure Policy.
Entire
Agreement/Severability.
This Agreement, together with any
amendments and any additional agreements you may enter into
with Wiredfunds in connection
with the Services, shall constitute the entire agreement between you
and Wiredfunds concerning your
Account and the Services. If any provision of this Agreement is deemed
invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect, except that in the
event of unenforceability of the universal Class Action/Jury Trial Waiver,
the entire arbitration agreement shall be
unenforceable.
No Waiver.
No waiver of any
term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term,
and Wiredfunds’s failure to
assert any right or provision under this Agreement shall not constitute a
waiver of such right or provision.
Legal
Orders.
We may respond to and comply with any subpoenas,
warrants, liens, or any other legal order we receive related to your use of
the Services. We are not responsible to you for any losses you incur due to
our response to such legal order. We may hold funds or provide information
as required by the issuer of the legal order or take any other actions we
believe are required of us under legal orders. Where permitted, we will
provide you reasonable notice that we have received such an
order.
Survival.
Sections 1C (Account
Management), 2 (Our Proprietary Rights), 3 (Site Data and Privacy), 5
(Representations and Warranties; Indemnification), 6 (No Warranties), 7
(Limitation of Liability), 8 (Term and Termination), 10 (Governing Law,
Arbitration, and Class Action/Jury Trial Waiver), and this Section 12
(General); and any other provisions of this Agreement giving rise to
continued obligations of the parties will survive termination of this
Agreement.
You must not use Wiredfunds's
services for the following activities:
Illegal products
and services
- Illegal drugs, substances designed to mimic
illegal drugs, and equipment designed for making or using drugs
- Fake
references or ID-providing services
- Telecommunications manipulation
equipment including jamming devices
- Any business or organization that
a. engages in, encourages, promotes or celebrates unlawful violence or
physical harm to persons or property, or b. engages in, encourages, promotes
or celebrates unlawful violence toward any group based on race, religion,
disability, gender, sexual orientation, national origin, or any other
immutable characteristic
- Any other products or services that are in
violation of law in the jurisdictions where your business is located or
targeted to
Products and services that infringe
intellectual property rights
- Sales or distribution of
music, movies, software, or any other licensed materials without appropriate
authorization
- Counterfeit goods; illegally imported or exported
products
- Unauthorized sale of brand name or designer products or
services
- Any other products or services that directly infringe or
facilitate infringement upon the trademark, patent, copyright, trade
secrets, proprietary or privacy rights of any third party
Products
and services that are unfair, predatory, or deceptive
-
Pyramid schemes
- ‘Get rich quick’ schemes including:
investment opportunities or other services that promise high rewards to
mislead consumers; schemes that claim to offer high rewards for very little
effort or up front work; sites that promise fast and easy money; businesses
that make outrageous claims, use deceptive testimonials, use high-pressure
upselling, and/or use fake testimonials; (with or without a written
contract) offering unrealistic incentives/rewards as an inducement to
purchase products or services but do not respond to any queries after the
purchase
- No value added services including sale or resale of a service
without added benefit to the buyer and resale of government offerings
without authorization or added value
- Sales of online traffic or
engagementNegative response marketing and telemarketing
- Predatory
mortgage consulting, lending, credit repair and counseling services
-
Predatory investment opportunities with no or low money down
- Remote
technical support; mugshot publication or pay-to-remove sites; essay mills;
chain letters; door-to-door sales
- Any other businesses that Stripe
considers unfair, deceptive, or predatory towards consumers
Adult
content and services
- Pornography and other mature audience
content (including literature, imagery and other media) depicting nudity or
explicit sexual acts
- Adult services including prostitution, escorts,
pay-per view, sexual massages, and adult live chat features
- Adult video
stores
- Gentleman's clubs, topless bars, and strip
clubs
Certain legal services
- Law firms
collecting funds for purposes other than legal service fee payment
-
Bankruptcy attorneys
- Bail bonds
Firearms, explosives and
dangerous materials
- Guns, gunpowders, ammunitions,
weapons, fireworks and other explosives
- Peptides, research chemicals,
and other toxic, flammable and radioactive materials
Gambling
-
Games of chance including gambling, internet gambling, sweepstakes and
contests, fantasy sports leagues with for a monetary or material prize
-
Sports forecasting or odds making with a monetary or material prize
-
Lotteries
- Bidding fee
auctions
Marijuana
- Cannabis products
-
Cannabis dispensaries and related businesses
- Products containing any
amount of CBD/THC
In the event of a payment dispute, unless otherwise directed by the Cardholder or their authorized representative, Wiredfunds Technologies, Inc. will direct customers to contact Visa at 1-833-333-0417 in order to process the dispute as presented in accordance with card network rules and card issuer practices.
Please read these terms of service (the “Agreement”) carefully
and retain them for your future reference. The Agreement contains the
general terms, conditions and disclosures that govern your funding of
your Wiredfunds account (the
“Account”) provided
by Wiredfunds Technologies, Inc.
(“Wiredfunds”) using
a credit or debit card (the “Card Funding”). By
requesting, accepting, or otherwise using Card Funding, you agree to be
bound by this Agreement.When you see the words “we,” “us,”
or “our” in this Agreement, it refers
to Wiredfunds and any
of Wiredfunds’s affiliates,
successors, assignees, agents or service providers. When you see the words
“you” or “your,” it refers to you, the owner of the
Account, as well as your personal representatives, executors,
administrators, and successors.
IMPORTANT
NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND
A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION
AND THE WAIVER APPEAR IN SECTION 8 OF THIS AGREEMENT.
Wiredfunds has partnered with
Checkout.com (“Checkout”) to
allow Wiredfunds members to use a
debit or credit card to deposit funds into their Account. You cannot use a
prepaid card for Card Funding.
If you choose to participate in
Card Funding, you will need to provide your card details, including your
card number and cardholder name. By initiating a transfer to your Account
using Card Funding, you confirm that your card details are correct, that
your card account is in good standing with the account-holding financial
institution, and that you have the authority to initiate a debit or credit
card payment in the amount at issue to or from your card
account.
By initiating a Card Funding transaction, you authorize
us to initiate debits to your card account through card payment networks in
order to process the Card Funding transaction, including any applicable fees
and charges, and this authorization shall remain in effect so long as you
have an Account with Wiredfunds unless canceled in accordance with this Agreement.
If you initiate a Card Funding transaction that is later refunded or
invalidated for any reason, you are responsible for the full amount of the
funds added to your Account plus any fees (including any applicable
chargeback fee described below). Whenever a Card Funding transaction is
reversed, Wiredfunds will refund
or reverse the transaction from
your Wiredfunds Account in the
same currency as the original transaction. If
your Wiredfunds Account balance
for a particular currency is insufficient to cover the amount of a refund or
reversal, Wiredfunds will perform
a currency conversion to refund or reverse the transaction, subject to the
exchange rate being offered
by Wiredfunds in the applicable
currencies at that time.
If you dispute a legitimate repayment charge
in connection with an Advance Payment (as defined below) and your dispute
claim is successful for any reason, you will be responsible for any dispute
fees charged to Wiredfunds by
your financial institution in addition to the repayment of your Advance
Payment.
If you are eligible, the Card Funding program allows you to receive free
advances (the “Advance Payments”) on Card Funding transactions
which have been initiated, but not yet paid to your Account. Advance
Payments may only be used for business purposes, and may not be used for
personal, family, or household purposes. There are no costs for access to
the Card Funding program and any Advance Payment you choose to receive is
free. Typically, Advance Payments will be for the full value of the incoming
Card Funding transaction, but this amount may be reduced
by Wiredfunds in its sole
discretion based on factors including, but not limited to, the current
balance in your Account, the number of previous Advance Payments you have
repaid and the length of your customer relationship.
Once you set up
Card Funding, the Advance Payments will be automatically deposited into your
Account when we are notified there is a Card Funding transaction in
progress, provided that your Account is in good standing and you are
eligible to receive an Advance Payment. We will not offer you any additional
Advance Payments if you have not fully repaid a prior Advanced Payment. You
may turn off Advanced Payments at any time.
Advance Payments are available to Cyprus registered businesses in good
standing which have a valid tax identification
number.
You must also have an Account with us which is eligible for
Card Funding. We determine the amount of any Advance Payments that you are
eligible for based on, among other things, your anticipated Card Funding
amount, information about your account(s) with us and other financial
institutions, as well as your Account and payment history. We may change our
eligibility criteria at any time with or without notice to you.
Each Advance Payment is automatically repaid in one installment by deduction
from the associated Card Funding you receive. If the associated Card Funding
received is not sufficient to repay the Advance Payment, we reserve the
right to deduct the remaining Advance Payment amount from your Account or
from subsequent Card Funding payments you receive into your Account. Before
you are able to use the Advance Payments, you will be asked to agree that
each Advance Payment will be repaid as soon as the associated Card Funding
payment is deposited into your Account and to authorize us to process an
electronic debit from your Account on that date.
If any payment you
have authorized is returned by us or we are otherwise unable to process a
payment, we will attempt to debit your Account up to three additional times.
We are not responsible for any overdraft fees, over-the-limit fees,
insufficient fund charges, or any other bank fees that result from your
failure to maintain a sufficient balance in your Account. We make no
warranties that an overdraft will not occur.
Notwithstanding the
above, we warrant that we have no legal or contractual claim or remedy
against you based on a failure to repay an Advance Payment. We further
warrant that, with respect to any Advance Payment we provide to you,
(i)
we will not engage in any debt collection activities if you do not repay the
Advance Payment;
(ii) we will not place the amount of the Advance Payment
as a debt with, or sell it to, a third party; and
(iii) we will not
report the Advance Payment to any consumer reporting agency. However, we
will not provide you any further Advance Payment while any repayment remains
overdue on any previous Advance Payment.
You may contact us with any questions or concerns regarding Card Funding. The best way to contact Wiredfunds is through email at [email protected]. You may also contact us through our website at https://wiredfunds.net.
7.1. Our Business Days
Our business days are Monday
through Friday, excluding federal holidays.
7.2. Third-Party
Service Providers
We work with one or more third-party
service providers, including Unit Finance Inc. (“Unit”) and
Checkout, in connection with Card Funding and Advance Payments. Unit and
Checkout may assist us in processing transactions, handling account
operations, and providing technological connections
between Wiredfunds and the bank
where your account is held and your card account. By using Card Funding and
Advance Payments, you license and authorize us to access information
maintained by Unit and Checkout and/or other third parties, on your behalf
as your agent, and you expressly authorize such third parties to disclose
your information to us. In particular, you agree that Unit and Checkout may
perform any functions related to Card Funding and Advance Payments that we
are otherwise authorized to perform and that Unit’s and Checkout’s
access and use of your information will be governed by the terms of Unit’s
Privacy Policy, available at https://unit.co/clients-privacy-policy and
Checkout’s Privacy Policy, available at https://checkout.com/legal/account/privacy.php respectively.
7.3.
Your Privacy
Your privacy is very important to us, and
we maintain a Privacy Policy that governs how we handle your data. Our
Privacy Policy is available at Privacy
Policy By using Card Funding, you agree to our use of your data
according to our Privacy Policy.
7.4. Cell Phone
Communications
By providing us with your cellular phone
or other wireless device number, you are expressly consenting to receiving
communications at that number—including but not limited to prerecorded
or artificial voice message calls, text messages, and calls made by an
auto-dialer—from us and our affiliates and agents. This consent
applies to all telephone numbers you provide to us now or in the future.
Your telephone or mobile service provider may charge you for these calls or
messages. You also agree that we may record or monitor any communications
for quality control and training purposes.
1.1. No
Assignments
Your access to Card Funding and Advance
Payments and your obligations under this Agreement are not transferable and
not assignable as collateral for a loan or for any other purpose. We may
transfer our rights under this Agreement.
1.2. Limitation of
Liability and Disclaimer of Warranty
EXCEPT AS REQUIRED
BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES
RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY
BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH
FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF
EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME,
SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL
DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR
CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND OUR
REASONABLE CONTROL.
EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU
FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE
ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL
WE OR UNIT OR CHECKOUT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR
PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH
DAMAGES.EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE
CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS
AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR
OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD
PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS
AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE
DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY
LAW, WIREDFUNDS.NET IS NOT LIABLE FOR ANY
UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR
USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL CARD
FUNDING AND ADVANCE PAYMENTS FEATURES ARE PROVIDED “AS IS” AND
“AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE
CARD FUNDING OR ADVANCE PAYMENT FEATURES WILL MEET YOUR REQUIREMENTS, BE
CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS
WILL BE CORRECTED.
1.3. Indemnification
You
agree to indemnify and hold us and our officers, directors, shareholders,
employees, successors, predecessors, representatives, principals, agents,
assigns, parents, subsidiaries and/or insurers harmless for any losses,
damages, suits and expenses, including reasonable attorneys’ fees that
we may incur, without regard to the merit or lack thereof, arising out of,
or related in any way to (1) the matters set forth herein; (2) our taking
any action or not taking any action that we are entitled to take pursuant to
this Agreement; (3) any action or omission by you; or (4) our action or
inaction in reliance upon oral, written or electronic instructions or
information from you.
Equally, you agree to indemnify and hold Unit and
Checkout and their respective officers, directors, shareholders, employees,
successors, predecessors, representatives, principals, agents, assigns,
parents, subsidiaries and/or insurers harmless for any losses, damages,
suits and expenses, including reasonable attorneys’ fees, that we may
incur, without regard to the merit or lack thereof, arising out of, or
related in any way to (1) the matters set forth herein; (2) our taking any
action or not taking any action that we are entitled to take pursuant to
this Agreement; (3) any action or omission by you; or (4) our action or
inaction in reliance upon oral, written or electronic instructions or
information from you.
1.4. Changes in Terms and Additional
Services
We may change this Agreement, or any fees and
features of Card Funding or Advance Payments, at any time by posting an
amended Agreement on Wiredfunds Inc’s website, www.wiredfunds.net and
any such amendment shall be effective upon posting. We will give you advance
notice of any change where required by law. We may provide such notice to
you with your statement, electronically, or by mail. Any notice we provide
to you will be binding and sent to the last (postal or electronic) address
in our records. We may change your address if we receive an address change
notice from the Cyprus Postal Service. We may change or terminate this
Agreement without notice at our discretion or to comply with any appropriate
law or regulation.
1.5. No Waiver of
Rights
We may waive or decline to enforce any of our
rights under this Agreement without obligating ourselves to waive such
rights in the future or on any other occasion. We may release any other
person obligated under this Agreement without affecting your
responsibilities under this Agreement.
1.6. Conflicts and
Section Headings
If there is a conflict between this
Agreement and any other document or statement made to you concerning Card
Funding or Advance Payments, this Agreement will govern. If there is a
conflict between this Agreement and any other document or statement made to
you concerning any services or products other than Card Funding or Advance
Payments, the separate terms and conditions applicable to that service or
product will govern. Section headings that appear in this Agreement are for
convenience purposes only and are intended to help you find information.
They should not be construed as affecting the meaning of the
Agreement.
1.7. Severability
In the event
that any court or tribunal of competent jurisdiction determines that any
provision of this Agreement is illegal, invalid or unenforceable, the
remainder of this Agreement shall not be affected. To the extent permitted
by law, the parties waive any provision of law which prohibits or renders
unenforceable any provisions of this Agreement, and to the extent that such
waiver is not permitted by law, you and we agree that such provision will be
interpreted as modified to the minimum extent necessary to render the
provisions enforceable.
1.8. Governing Law, Forum and Time
Limits
All actions relating to your Account and this
Agreement will be governed by the laws and regulations of the Cyprus,
irrespective of conflict of law principles. You agree that any dispute
arising under this Agreement or relating in any way to your relationship
with us that is not arbitrated will be resolved in a court
located in Cyprus County, and that you will be subject to such court’s
jurisdiction.
Except where prohibited by law, you agree that you must
file any lawsuit or arbitration against us within two (2) years after the
claim arises unless federal or Cyprus law, or another agreement you have
with us, provides for a shorter time. If federal or Cyprus law requires
a longer time period than the time periods in this Agreement, you agree to
the shortest time period permitted under the law.
1.9.
Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS
PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT
OF A DISPUTE BETWEEN YOU AND US.
2.1. Election to
Arbitrate
You
and Wiredfunds agree that the
sole and exclusive forum and remedy for resolution of a Claim be final and
binding arbitration pursuant to this Section 8 (the “Arbitration
Provision”). As used in this Arbitration Provision, “Claim”
shall include any past, present, or future claim, dispute, or controversy
involving you (or persons claiming through or connected with you), on the
one hand, and Wiredfunds on
the other hand, relating to or arising out of this Agreement, and/or the
activities or relationships that involve, lead to, or result from this
Agreement, including the validity or enforceability of this Arbitration
Provision, any part thereof, or the entire Agreement. Claims are subject to
arbitration regardless of whether they arise from contract; tort
(intentional or otherwise); a constitution, statute, common law, or
principles of equity; or otherwise. Claims include matters arising as
initial claims, counterclaims, crossclaims, third-party claims, or
otherwise. Please note that you may continue to assert Claims in small
claims court, if your Claims qualify and so long as the matter remains in
such court and advances only on an individual (non-class,
non-representative) basis. The scope of this Arbitration Provision is to be
given the broadest possible interpretation that is
enforceable.
2.2.
Informal Dispute Resolution
If a Claim arises, our goal
is to address your concerns and, if we are unable to do so, to provide you
with a neutral and cost-effective means of resolving the dispute quickly.
You agree that before filing any claim in arbitration, you will first submit
your Claim to us by email at [email protected] and
provide us with the opportunity to resolve your concern prior to initiating
arbitration.
2.3. Arbitration Fees
Filing costs and
administrative fees (other than hearing fees) shall be paid in accordance
with the rules of the administrator selected, or in accordance with
countervailing law if contrary to the administrator's rules. The
administrator's hearing fees will be paid by the party requesting the
hearing, unless the administrator's rules or applicable law require
otherwise. Each party shall bear the expense of its own attorneys' fees,
except as otherwise provided by law. If a statute gives you the right to
recover any of these fees, these statutory rights shall apply in the
arbitration notwithstanding anything to the contrary herein.
2.4.
Appeals
Within 30 days of a final award by the
arbitrator, any party may appeal the award for reconsideration by a
three-arbitrator panel selected according to the rules of the arbitrator
administrator. In the event of such an appeal, any opposing party may
cross-appeal within 30 days after notice of the appeal. The panel will
reconsider de novo all aspects of the initial award that are appealed. Costs
and conduct of any appeal shall be governed by this Arbitration Provision
and the administrator's rules, in the same way as the initial arbitration
proceeding. Any award by the individual arbitrator that is not subject to
appeal, and any panel award on appeal, shall be final and binding, except
for any appeal right under the Federal Arbitration Act (“FAA”),
and may be entered as a judgment in any court of competent jurisdiction.
2.5.
No Class Actions
NO ARBITRATION SHALL PROCEED ON A
CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY
GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE
SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN
ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A
COURT.
Unless consented to in writing by all parties to the
arbitration, no party to the arbitration may join, consolidate, or otherwise
bring claims for or on behalf of two or more individuals or unrelated
corporate entities in the same arbitration unless those persons are parties
to a single transaction. Unless consented to in writing by all parties to
the arbitration, an award in arbitration shall determine the rights and
obligations of the named parties only, and only with respect to the claims
in arbitration, and shall not (a) determine the rights, obligations, or
interests of anyone other than a named party, or resolve any Claim of anyone
other than a named party; nor (b) make an award for the benefit of, or
against, anyone other than a named party. No administrator or arbitrator
shall have the power or authority to waive, modify, or fail to enforce this
Section 8.7, and any attempt to do so, whether by rule, policy, arbitration
decision or otherwise, shall be invalid and unenforceable. Any challenge to
the validity of this Section 8.7 shall be determined exclusively by a court
and not by the administrator or any arbitrator.
2.6. Survival
and Severability of Arbitration Provision
This
Arbitration Provision shall survive the termination of this Agreement. If
any portion of this Arbitration Provision other than Section 8.7 is deemed
invalid or unenforceable, the remaining portions of this Arbitration
Provision shall nevertheless remain valid and in force. If there is a final
judicial determination that applicable law precludes enforcement of this
Arbitration Provision’s limitations as to a particular claim for
relief or particular term, then that claim (and only that claim) or that
term (and only that term) must be severed from the Arbitration Provision and
may be brought in court. If an arbitration is brought on a class,
representative, or collective basis, and the limitations on such proceedings
in Section 8.7 are finally adjudicated pursuant to the last sentence of
Section 8.7 to be unenforceable, then no arbitration shall be had. In no
event shall any invalidation be deemed to authorize an arbitrator to
determine Claims or make awards beyond those authorized in this Arbitration
Provision.
2.7. Judicial Forum for Claims
Except
as otherwise required by applicable law, in the event that this Arbitration
Provision is found not to apply to you or your Claim, you
and Wiredfunds agree that any
judicial proceeding (other than small claims actions) will be brought in the
courts of Cyprus. Both you
and Wiredfunds consent to venue
and personal jurisdiction there. We both agree to waive our right to a jury
trial.
2.8. WAIVER OF RIGHT TO LITIGATE
THE
PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A
COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY
WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.