Effective Date: December 2016
A. SCOPE AND CONSENT
This Agreement tell you who we are, how we will provide Payment Approved Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. By accessing or using Payment Approved Service, you confirm that you accept and agree to follow this Agreement and agree that you will comply with all applicable laws. If you do not agree, you must not use our Services.
This Agreement refers to the following additional documents, which also apply to your use of our Services:
ï Depending on the Payment Approved Services you choose to use with us, additional terms and conditions may apply, as communicated to you at the appropriate time.
You acknowledge and agree that this Agreement is between you and the Payment Approved, not with any third party (including, but not limited to, Apple®, Google®, Venmo®, Square® or any mobile carrier), and that Payment Approved is solely responsible for the Payment Approved Services. Your use of the Giddy Services may be subject to additional agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile services. Third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the Payment Approved Services. Payment Approved is not a party to those agreements and has no responsibility for the products and services provided by third parties.
Please note that Payment Approved has opened its Giddy application programming interface (“API”), so you may be subject to agreements with third parties when using a service that was not created by the Payment Approved. Payment Approved has no liability or responsibility for your use of these third party services.
B. SERVICE TERMS
B.1. Payment Approved Services. Payment Approved Technologies, LLC., Is a licensed provider of money transfer services and all money transmission is provided by Payment Approved Technologies, LLC., pursuant to Payment Approved Technologies, LLC’s., licenses. See http://giddycash.com/help for additional information and for disclosures.
Payment Approved Services allow you to make payments/receive payments from other individuals instantly through a person-to-person median as well as help you make payments to third parties. You may use the Payment Approved Services on your mobile device or through a web browser Payment Approved is an independent contractor for all purposes, and is not your agent or trustee. Payment Approved has no responsibility for the actions of your transfer recipient or for the subject of the transfer and has no control of, or liability for, the products or services that are paid for with the Payment Approved Services. We do not guarantee the identity of any User or ensure that or that a sender or a recipient can or will complete a transaction.
B.2. Eligibility and Registration. In order to use Payment Approved Service, you first must create an account with a registered and valid email address. As part of your registration and use of the Service, you represent and warrant that:
1. You are of the legal age of majority in your jurisdiction, but in all events at least 18 years old;
2. You have full authority to enter into this Agreement;
3. You reside within the United States, use the Payment Approved Services within the United States or U.S Territories,
4. You hold a US bank account or credit card account that will be the source of funds for transfers using the Service and that,
5. You are not an agent acting for an undisclosed principal or third party beneficiary. In the event that you are acting for a third party, you agree to provide us with certified copies of identification evidence of such authorizations that you have received from the third party and obtain our express approval before acting on that third party’s behalf;
7. You will ensure that your contact details provided at registration remain accurate and up to date. We will use those contact details to contact you wherever required under this Agreement or in connection with Payment Approved Services. You may update your contact details at any time by logging in to your account.
B.3. Types of Accounts
We currently only offer personal accounts to individual users, you may have only one personal account. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know, along with any additional payments described in this Agreement. Personal accounts may limit features based on how you choose to use Payment Approved Services, how much you need to send or spend and what we know about you. We may require that you provide more information in order to complete a transaction. Personal accounts may not be used to receive business, commercial or merchant transactions at this time.
We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, includes any and all transactions used for business related expenditures or payments from a Payment Approved to an individual.
B.4. Identity Authentication
To help the government fight the funding of terrorism and money laundering activities, Federal law requires Payment Approved to obtain, verify and record information that identifies each person to whom we provide certain types of services. You hereby authorize Payment Approved Technologies directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or your account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
C. ACCOUNT AND TRANSACTION INFORMATION
C.1. Transaction History. You have the right to receive an account statement. You may view your account statement by logging into your account
C.2. Account Balances
C.2.1. Balances. You do not need to maintain a balance in your account in order to make payments. If you do hold a balance, Payment Approved will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Payment Approved will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts under Payment Approved’s name.
Payment Approved is not a bank or other chartered depository institution. Funds held by Payment Approved or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit.
C.2.2. Assignment of Interest. You agree that you will not receive interest or other earnings on the funds that Payment Approved handles and places in pooled accounts. Payment Approved does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Payment Approved any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Payment Approved any ownership right to the principal of the funds you maintain with Payment Approved.
C.2.3. Negative Balances. If the balance in your account is negative for any reason, Payment Approved may set off the negative balance by deducting amounts you owe Payment Approved from money you receive into your account, or money you attempt to withdraw or send from your account. You agree to allow Payment Approved to recover any amounts due to Payment Approved by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Payment Approved through other means. If Payment Approved is unable to recover the funds from your primary funding source, Payment Approved may attempt to contact you, Payment Approved may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
C.2.4. Past Due Amounts. If you have a negative balance or other past due amount to Payment Approved, Payment Approved may make attempts on your funding source to cover the amounts. If Payment Approved is unable to recover the funds from your primary funding source, Payment Approved may attempt to contact you, Payment Approved may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.
C.2.5. Security Interest. To secure your performance of this Agreement, you hereby grant to Payment Approved a lien on and security interest in your account and agree to execute any further documentation to perfect these Payment Approved rights.
C.3. Sending and Receiving Money
C.3.1. Transaction Limits. We currently impose limits $2,500 USD per day for any money send, or receive through Payment Approved Services. We may impose additional limits in the amount you may receive through Payment Approved Services. These limits may change from time to time at the discretion of Payment Approved furthermore an individual cannot send money to themselves.
C.3.2. Default Funding Source. Your account balance consists of the funds you have in any Payment Approved account (i.e. Giddy Account) that are available for new transfers and are not subject to pending transfers.
When you make a payment through Payment Approved Services, we first see if your account balance can cover the transaction. You can also fund payments with a bank account, debit card or credit card, designating one of these to be your primary funding source. We always use your account balance first, but if the balance is insufficient, we use your designated primary funding source for any balance left on the transaction
If you don’t want to use your balance, you can withdraw it at any time.
C.3.3. Funding Source Limitations. In order to manage risk, Payment Approved may place a limit to the funding sources available on a particular transaction. For example, we may limit your funding on a particular transaction to debit cards and/or your checking account.
Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.
C.3.4. Bank Transfers. When your checking account is used as your funding source, you are requesting that we initiate on your behalf an electronic transfer from your bank account. For these transactions, Payment Approved Technologies will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA – The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Payment Approved to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Payment Approved may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules (collectively, the “ACH Rules”), or applicable law.
C.3.5. Refund Unclaimed Transactions. When you send money, the recipient of the transaction is not required to accept it. You agree that you will not hold Payment Approved Technologies liable for any damages resulting from a recipient’s decision not to accept a payment made through the Payment Approved Services.
If a recipient of funds is not a registered user and does not register for the Services, Payment Approved Technologies will return your funds within 30 business days. If the recipient does not register, set up an email address and/or mobile number nor do they accept the transfer within 30 days, the transaction will be terminated. During this period, a hold will be placed on your account for the amount of the transaction and any fees associated with the transfer, if any. Once the recipient has successfully registered as a user, transfers will automatically be debited from your account and credited in the recipient’s account. We will return any unclaimed, refunded or denied payment within 30 business days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will credit the balance or to the original funding source.
C.3.6. Debit Card Processing. Payment Approved will process your debit card-funded transactions through either the debit card’s ATM debit network or the Visa/MasterCard network, as Payment Approved may elect at its discretion.
C.3.7. Credit Card Information. If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.
C.3.8. Fees for Sending Money. Fees are set per the Payment Approved Service you received, for Giddy Fees, please see Giddy help page for more information on fees. These fees may change from time to time at the Payment Approved’s sole discretion. You may be subject to third party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that a bank may charge if your payment is rejected.
C.4. Withdrawing Money
C.4.1. How to Withdraw Money. You may withdraw funds from your Giddy account by electronically transferring them to your bank account. We may provide limited withdrawals to debit card depending on what product is enabled and approved on your account.
C.4.2. Withdrawal Limits. Payment Approved allows for the $2,500 withdraw limit per day per account. We reserve the right to delay withdrawals while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can withdraw until the information is verified.
C.4.3. Transfers to Your Linked Financial Institution. When you transfer money from your account balance to your linked financial institution account(s), the ACH Rules will govern the transfer.
C.5. Payment Investigation. Payment investigation is a process by which Payment Approved reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Payment Approved will place a hold on the payment and may provide notice to the recipient. Payment Approved will conduct a review and either clear or cancel the payment. If the payment is cleared, Payment Approved will provide notice to the recipient. Otherwise, Payment Approved will cancel the payment and the funds will be returned. Payment Approved will provide notice to you by email and/or in the account history tab of your Giddy account if the payment is canceled.
C.6. Risk of Reversals, Chargebacks and Claims. When you receive a payment, you are liable to Payment Approved for the full amount of the payment plus any fees associated with the payment if invalid for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Payment Approved, will determine whether the dispute is valid and to whom payment is due. You agree to allow Payment Approved to recover any amounts due to Payment Approved by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Payment Approved through other means. If Payment Approved is unable to recover the funds from your primary funding source, Payment Approved may attempt to contact you, Payment Approved may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
C.7. Closing Your Account
C.7.1 How to Close Your Account. As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by logging in to your account from a web browser or by logging into your account on the mobile applications under the “Settings Tab”. Please note that you must withdraw your balance prior to closing your account.
C.7.2. Limitations on Closing Your Account. You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Payment Approved or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
C.8. Transaction Hold
C.8.1. Item Hold. Payment Approved, in its sole discretion, may place a hold on a payment you receive for a transaction when Payment Approved believes there may be a high level of risk associated with the transaction. If Payment Approved places a hold on your payment, it will show as “pending” in your account.
C.8.2. Release of Item Hold. Payment Approved will release the payment hold after 21 days unless we receive a dispute, claim, chargeback, or reversal on the transaction subject to the hold. Payment Approved may release the hold earlier if the sender of funds provides us confirmation, Payment Approved is able to confirm proper delivery, or Payment Approved otherwise completes its investigation.
C.8.3. Additional hold period. If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Payment Approved may hold the payment in your account until the matter is resolved pursuant to this Agreement.
C.8.4. Account Hold and Reserves. For high volume accounts, including business accounts, Payment Approved may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk associated with your account. If your account is subject to a reserve, Payment Approved will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Payment Approved determines is necessary to protect against the risk associated with your account. Payment Approved may change the terms of the reserve at any time by providing you with notice of the new terms.
C.9. Termination. Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Giddy Services as well as deactivate and delete your account information.
C.10. Error in Receiving Money. In the event of an error, you give Payment Approved permission, subject to Payment Approved’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Giddy balance, or debiting or crediting your primary or alternate funding sources as applicable.
C.11. Account Errors. If your account history shows transfers you did not make, follow the procedures outlined in Section F.11 of this Agreement.
D. MOBILE APPLICATIONS
D.1. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers. The Giddy mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Payment Approved is solely responsible for providing maintenance and support services for the Giddy Services. Covered Third Parties have no obligation to provide maintenance or support services for the Giddy Services.
Covered Third Parties have no warranty obligations whatsoever with respect to the Giddy Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Giddy Services to conform to any warranty provided by Payment Approved, if any, will be Payment Approved’s sole responsibility.
Payment Approved, not any Covered Third Parties, is responsible for addressing any claims relating to the Giddy Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Giddy Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Payment Approved.
If you are using the Giddy Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Services.
D.2. Services via SMS or Mobile Data. You can send payments through Giddy via text or in app. You are sole responsible for any messaging fees or data usage fees charged by your provider. Giddy is not responsible for these fees charged by your mobile provider.
E. RESTRICTIVE ACTIVITIES.
E.1. Rules and Restrictions for Personal Accounts. The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement. In connection with your use of our website, your account, or Payment Approved Services, or in the course of your interactions with Payment Approved, a user or a third party, you will not:
a. breach this Agreement, the card processing Agreement, or any other Agreement that you have entered into with Payment Approved (including a policy);
b. violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
c. infringe Payment Approved’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
e. provide false, inaccurate or misleading Personal Information;
f. create more than one Giddy account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
g. send or receive what we reasonably believe to be potentially fraudulent funds;
h. refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
i. attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Payment Approved and the recipient of funds, bank, or credit card issuer for the same transaction;
j. use an anonymizing proxy;
k. control an account that is linked to another account that has engaged in any of these restricted activities;
l. control or possess more than one account without authorization from Payment Approved;
m. conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Payment Approved, a user, a third party or you;
n. use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
o. have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the services;
p. use your account or the services in a manner that Payment Approved, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
q. allow your Giddy account to have a negative balance; provide yourself a cash advance from your credit card (or help others to do so);
r. disclose or distribute another user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
s. send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
t. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
u. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
v. use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
w. use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
x. take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
y. use the Giddy to test credit card behaviors.
E.2. Acceptable Use. You agree you will not use Payment Approved Services to violate any law, statute, ordinance, or regulation relating to sales of:
a. counterfeit goods;
b. narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
c. drug paraphernalia;
d. items that encourage, promote, facilitate or instruct others to engage in illegal activity;
e. items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
f. items that are considered obscene;
g. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
h. certain sexually oriented materials or services;
i. ammunition, firearms, or certain firearm parts or accessories; or
j. certain weapons or knives regulated under applicable law;
k. Relating to transactions that: show the personal information of third parties in violation of applicable law; support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
1. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
2. are for the sale of certain items before the seller has control or possession of the item;
3. are by payment processors to collect payments on behalf of merchants;
4. are associated with the sale of traveler’s checks or money orders;
5. involve currency exchanges or check cashing businesses or digital currencies such as bitcoins;
6. provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
7. are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities,;
l. Violating applicable laws or industry regulations regarding the sale of:
1. tobacco products;
2. prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Payment Approved and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or
3. provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
E.3. Legal Compliance. You are solely responsible for ensuring that your use of the Payment Approved Services is in conformance with applicable federal, state and local laws and regulations. By using the Payment Approved Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
E.4. Your Liability – Actions We May Take. You are solely responsible for ensuring that your use of Payment Approved Services is in conformance with applicable federal, state and local laws and regulations. By using Payment Approved Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
E.4.1. Your Liability. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Payment Approved, a user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Payment Approved Services. You agree to reimburse Payment Approved, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all payments sent using the Payment Approved Services, including but not limited to the accuracy of the amount paid and the recipient. Payment Approved shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
E.4.2. Actions by Payment Approved. If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Payment Approved, another user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. We may close, suspend, or limit your access to your account or Payment Approved Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information);
b. we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
c. may update inaccurate information you provided us;
d. we may refuse to provide our Services to you in the future;
e. we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and
f. we may take legal action against you.
g. Payment Approved, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
E.4.3. Account Closure, Termination of Service, or Limited Account Access. If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
You may stop using Payment Approved Services at any time or may close your accounts by contacting us through email or phone. Payment Approved, in its sole discretion, reserves the right to terminate your service or contact at any time. If we terminate or limit your use of our Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
E.4.4. Policy Violation – User Fines. If Payment Approved incurs any damages because you violate our policies, break any laws, or otherwise cause Payment Approved to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. You acknowledge and agree that a fine of US $2,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Payment Approved’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Payment Approved that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Payment Approved may deduct such fines directly from any existing balance in the offending account, or any other Payment Approved account you control.
F. GENERAL TERMS AND CONDITIONS.
F.1. Notices to You. services (collectively “Payment Approved Services”) regardless of how you access or use them, gives the consent for Payment Approved Technologies, LLC. to provide any disclosures, notices, news letters, or new updates on our website, notifications, and other communications regarding to to these services. This may include any text to your mobile devices, email, or application notifications. We will send out emails or mails within 24 hours after the notices have been pushed out on our website; we will consider it to have been received by you three Business Days after it is sent. Payment Approved’s Business Days include all days on which the New York Federal Reserve Bank is open for business. We may also provide notice when you open Giddy app.
Upon your consent, you acknowledge that Disclosures will include, but may not be limited to, the following:
- Any amendments updated under our policies and agreements;
- Any activities regard to your Giddy account (balance, transactions, and other information);
- Any prior receipts, transactions, statements, and confirmations for your Account(s);
- Any resolved issues regard to your statements or transactions;
- Disclosures required or permitted by law or regulation.
Right to Revoke Consent
Your consent is immediately effective upon agreeing to this document. Your consent is effective until further notice by Giddy. If you wish to revoke your consent, you must do so by writing to Payment Approved Technologies, LLC, 823 Congress ave. Suite P-5, Austin TX, 78701.
If you refuse to consent or revoke your consent, we reserve the right to refuse your account application or to cancel your account. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.
Reservation of Rights
We reserve the right to provide you with any disclosure in writing, or to stop electronic disclosure at any time. It is your responsibility to update your current address and phone number on your account. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.
Please note that our Services are subject to applicable laws and regulations. We shall be entitled to refuse to provide, cease providing, suspend, and/or terminate Payment Approved Services to you, and may make reports to any relevant government authority, public agency, or law enforcement agency, as required by applicable laws and regulations.
F.2. Business Days. “Business Days” means Monday through Friday, excluding Holidays. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, Payment Approved shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Payment Approved shall observe the Holiday on the following Monday.
F.3. Notices to Payment Approved. Notice to Payment Approved must be sent by postal mail to: Payment Approved, 823 Congress Ave. Suite P-5, Austin TX, 78701.
F.4. Contacting you by phone. We will never call you for promotional purposes, but we might call you through recorded messages or customer services. By providing Payment Approved the telephone number, you consent to receive these calls.
F.5. Websites. For any reason when third party offerings pop up on any of Payment Approved’s websites, we do not warrant that descriptions, pricing, search results, user ratings and reviews or any other content on Payment Approved websites is accurate, complete, reliable or current. We do not endorse any information provided by these third parties.
F.6. Intellectual Property. Payment Approved Technologies and all related logos, products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services, including “Giddycash.com”, “Giddy”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Payment Approved or its licensors. You may not copy, imitate or use them without Payment Approved’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Payment Approved. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Payment Approved through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Payment Approved or the Service or display them in any manner that implies Payment Approved’s sponsorship or endorsement. All right, title and interest in and to the Giddy website and any content thereon is the exclusive property of Payment Approved and its licensors.
Certain other product or service names, brand names and Payment Approved names may be trademarks of their respective owners.
F.7. Taxes. Payment Approved is not responsible for any taxes related to your transactions. It is your responsible to determine and report if these taxes are applicable to your transactions to the appropriate tax authority.
You must keep all the Payment Approved information confidential. You may not disclose or distribute any user information and any transaction information to a third party or use information for marketing purposes without Payment Approved’s and the user’s prior written consent.
F.9. Children’s Privacy. We do not knowingly collect or solicit personal information from any under the age of 13. We also do not knowingly allow anyone under the age of 18 to register for Payment Approved services. If you are under 13, do not send any information about yourself, and no one under the age of 13 is allowed to provide and personal information to us through Payment Approved services. We will immediately delete and information if some how collected in our system regarding to personal information for those that are under 13. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “How to Contact Us” section.
F.10. Loss or Theft of Account Information, PIN, and Mobile Device. If you think any information such as PIN, account, or device has been lost or stolen, or if your information has been compromised, please contact Payment Approved immediately via the “How to Contact Us” section below. Furthermore, if your account history shows transfers transfers that you did not make, immediately contact Payment Approved via the “How to Contact Us” information below.
F.11. Resolution Procedures for Unauthorized Transactions and Other Errors. If an Unauthorized Transaction (defined below) or Other Error (defined below) occurs in your account, including Unauthorized Transactions that occur because your mobile-activated phone that has any Payment Approved app. has been lost or stolen, Payment Approved will cover you for the full amount of every eligible Unauthorized Transaction or Other Error as long as you follow the procedures discussed below:
F.11.1. Definitions of Unauthorized Transactions and Other Errors.
a. An “Unauthorized Transaction” is a type of error that occurs when money is sent from your account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a payment from your account, an Unauthorized Transaction has occurred. However, if you give someone access to your account (for example, by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered Unauthorized Transactions.
b. In addition, “Other Errors” occur when money is either incorrectly credited to your account or incorrectly debited from your account, or when transactions are incorrectly recorded in your account. Other Errors that are covered by Payment Approved are limited to the following events: (i) if you send a payment and we debit an incorrect amount from your account; (ii) if we credit an incorrect amount to your account; (iii) if a transaction is missing from or not properly identified in your account statement; and (iv) if there is a computational or mathematical error by Payment Approved. Routine inquiries about your balance or the status of a pending transfer into or out of your account are not considered Unauthorized Transactions or Other Errors unless you expressly notify us of an Unauthorized Transaction or Other Error in connection with the transfer. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Unauthorized Transactions or Other Errors. You may request documentation or information regarding your account or transaction to determine whether an Unauthorized Transaction or Other Error exists by contacting us through the “Contact Us” link on the Giddy website.
F.11.2. Notification Requirements
You should immediately notify Payment Approved if you believe:
¥ has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
¥ There is an error in your transaction history or your transaction confirmation sent to you by email;
¥ Your account information has been compromised;
¥ Your mobile device with Giddy app installed has been lost, stolen, or deactivated; or
¥ You need more information about a transaction listed in your transaction history or transaction confirmation email.
To be eligible for 100% protection for Unauthorized Transactions sent from your account, you must notify us within 30 days after any Unauthorized Transaction or Other Error first appears in your account statement. If you do not tell us within 30 days after the account statement was made available to you, you may not get back any money you lost after the 30 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us you must notify us, we may or may not extend time for special notices.
You should regularly log into your account and review your transaction history to ensure that there has not been an Unauthorized Transaction or Other Error. Payment Approved will also send an email with transaction receipt to the primary email address on file in order to notify you of each transaction from your account. You should review these emails to ensure that each transaction was authorized and is accurate.
For Unauthorized Transactions or Other Errors in your account, notify us as follows:
By writing to us through the Giddy app “Help Center” or the help section on giddycash.com; or By emailing us at email@example.com; or
By writing to Payment Approved Technologies LLC, 823 Congress Ave. Suite P-5, Austin TX, 78701; or by phone at 1-844-464-4339.
When you notify us, provide us with all of the following information:
Your name, and the email address and phone number registered to your account, a description of any suspected Unauthorized Transaction or Other Error, an explanation of why you believe it is incorrect or why you need more information to identify the transaction, and the dollar amount of any suspected Unauthorized Transaction or Other Error.
If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.
F.11.3. Payment Approved Actions After Receipt of your Notification. Once you notify us of any suspected Unauthorized Transaction or Other Error, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Other Error that is eligible for protection.
We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transaction or Other Error. If your account is new (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new accounts).
If we decide that we need more time to complete our investigation, we will provisionally credit your account for the amount of the suspected Unauthorized Transaction or Other Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to provide written confirmation and we do not receive it within 10 Business Days (or 20 Business Days for new accounts), we will not provisionally credit your account.
We will inform you of our decision within 3 Business Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an Unauthorized Transaction or Other Error, we will include an explanation of our decision in our email or other communications to you. If you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may request copies of the documents that we used in our investigation.
F.11.4. Processing Errors. We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Payment Approved will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Payment Approved will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
F.12. Disputes with Payment Approved
F.12.1. Dispute with Payment Approved. If a dispute arises between you and Payment Approved, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Payment Approved regarding our services may be reported by emailing us at the following email address: firstname.lastname@example.org
F.12.2. Law and Forum for Disputes; Arbitration. This User Agreement shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions, except to the extent that federal law applies.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Payment Approved will pay the costs of the arbitration (but not your attorney fees), up to $3,000.
This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Austin, Texas, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Austin, Texas for the purpose of litigating such claims or disputes.
F.12.3. Waiver of Right to Jury and Class Action Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
F.13. Liability of Payment Approved for Failure to Complete Transfers. If Payment Approved does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, Payment Approved will be liable for your losses or damages to the extent required by law. Payment Approved will not be liable:
a. If, through no fault of Payment Approved’s, you do not have enough money in your balance, and Payment Approved is unable to charge the transaction to your linked credit card, for reasons including but not limited to you exceeding any applicable credit limit;
b. the funds in your account are subject to legal process or other encumbrance restricting their use;
c. If the Payment Approved Services were not working properly and you knew about the breakdown when you started the transfer;
d. If the failure results from a failure of a financial institution that issues the credit card or debit card linked to your account, or Payment Approved is unable to access a linked credit card for any reason other than due to Payment Approved’s fault;
e. If you provided inaccurate or incomplete information regarding the transfer;
f. If the transfer appears suspicious, fraudulent, or unauthorized, and Payment Approved cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investigation by Payment Approved or if the transfer is or appears to be prohibited by any applicable law or rules
F.14. Disclaimers of Warranty; Damages Exclusions. Unless otherwise prohibited by law, you assume all responsibility for your use of the Giddy Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Payment Approved does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Payment Approved, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Payment Approved makes the following disclaimers set forth in this section: the services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Payment Approved or any of the Covered Third Parties. Neither Payment Approved nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device.
PAYMENT APPROVED IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN PAYMENT APPROVED SERVICES, AND YOU AGREE TO HOLD PAYMENT APPROVED HARMLESS AND INDEMNIFY PAYMENT APPROVED FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.
Neither Payment Approved, the Covered Third Parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.
Payment Approved does not have any control over any products or services that are paid for with our services and Payment Approved cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.
Payment Approved will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Payment Approved makes no representations or warranties regarding the amount of time needed to complete processing because Payment Approved is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
F.15. Limitations on Liability. Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Payment Approved’s cumulative liability to you for any claims or damages arising out of or related to your use of the Giddy Services shall not exceed the greater of the fee you paid to Payment Approved for the use of the Payment Approved Services or $1.00 USD.
These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Payment Approved or a Covered Third Party knew or should have known about the possibility of the damages.
These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
F.17. Indemnification. You agree to defend, indemnify and hold harmless Payment Approved and its affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of any Payment Approved Services.
F.18. Assumption of Rights. If Payment Approved makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Payment Approved assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Payment Approved’s discretion.
F.19. Release of Payment Approved. If you have a dispute with one or more users relating to payment, Payment Approved is not responsible for any such dispute and you hereby release Payment Approved (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
F.20. Modification of Terms. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 30 days notice to you by email, via application and/or via mail before the changes become effective. By using Payment Approved Services after a new Agreement has been posted, you agree to the revised Agreement.
F.21. Survival. In the event of termination of this Agreement or Payment Approved Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
F.22. Forces of Nature. We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
F.24. Independent Contractors. The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint ventures, or otherwise as joint associates for profit.
F.25. HOW TO CONTACT US. If you have questions or concerns regarding this Agreement or your account, or any feedback that you would like us to consider, please email us at email@example.com or at firstname.lastname@example.org. You may also write to us at Payment Approved, 600 Congress Ave. Floor 14, Austin TX, 78701 or call us at 1-844-464-4339.