Terms & Conditions
Last updated: May 31, 2018
These Terms of Service (“Terms” or “Terms of Service”) are a legally binding agreement between you and SurePay, LLC (“SurePay”) and govern your use of the Products and Services (as defined below).
By using or accessing the Products or Services through any means permissible, you acknowledge and agree that: (i) you have reviewed and understand these Terms; (ii) you agree to be legally bound by these Terms; and (iii) your use of the Products or Services will be governed by these Terms. If you do not agree or are not willing to be bound by these Terms, you should not use the Products or Services.
Definitions
Other terms not defined in this section shall have the meaning attributed to them in these Terms.
“Card” means any payment card, including a Card Network payment card, gift card, prepaid card, or stored-value card.
“Card Networks” means Visa U.S.A., Inc., Visa International, Inc., MasterCard International, Inc., Discover Financial Services, LLC, American Express Travel Related Services Company, Inc., each of their affiliates, and any other credit or debit card issuing company.
“Data” means any personal, financial, Card, or transaction information.
“Fee Schedule” means any applicable fees for the Products or Services as published in the Merchant Agreement, which are subject to change at any time in SurePay’s sole discretion.
“Gateway” means the tool provided by SurePay that can be accessed from the Website that, with the integration of the Services, enables you to accept Card payments online and view, credit, reverse, settle or decline transactions or other related Card transactions in connection with the Merchant Account.
“Merchant Account” means the customer account issued by Payment Provider to you identified by a MID (merchant identification number) in connection with the Merchant Agreement.
“Merchant Agreement” means the merchant application and agreement you entered into with Payment Provider to set up a Merchant Account.
“Payment Provider” means the provider of the Services and its subsidiaries and affiliates, which services are integrated into the Products.
“Products” means the Gateway and/or any other products offered by SurePay in connection therewith.
“Rules” means the rules and regulations promulgated by Card Networks.
“Services” means the transaction processing services provided by Payment Provider in connection with your access and use of the Gateway, as such services may be modified from time to time by Payment Provider.
“Website” means the website currently located at https://webportal.surepay.co.
Capacity and Related Matters
By accepting these Terms, you represent and warrant that you are of at least 18 years of age or older. If you are using the Products or Services on behalf of a business entity, you further represent and warrant that you have the legal authority to accept the terms and conditions of these Terms on behalf of such entity. SurePay reserves the right, in its sole discretion, to refuse to provide you with any of the Products or Services.
Merchant Agreement
In order to use the Products or Services, you must have a valid Merchant Agreement with Payment Provider. These Terms are subject to the Merchant Agreement and any other agreement to which you have entered into with Payment Provider (collectively, “Payment Provider Agreements”). You may only use the Products and Services and accept and process Card transactions in a manner permitted by the Payment Provider Agreements.
Data Collection, Privacy and Security
SurePay reserves the right to verify all users of the Products and Services. SurePay will have the right to collect and process Data collected from you and your customers (including Data associated with the Products and Services), subject to applicable law, to use internally for record keeping, internal reporting, analytics, fraud detection and support purposes and to compile and disclose Data in the aggregate where your individual or user Data is not identifiable, including calculating merchant averages by region or industry. By using the Products and Services and/or signing up to access the Gateway, you acknowledge that SurePay, Payment Provider, other third party processors, banks, partners, suppliers and/or their agents and subcontractors may transfer Data amongst themselves as necessary for the purpose of the provision and management of the Products and Services. SurePay may further access or disclose Data in order to, among other things,: (i) protect or defend the legal rights or property of SurePay, its affiliated companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Products and Services or members of the public including acting in urgent circumstances; (iii) detect, prevent or otherwise address fraud, security or technical issues or for risk management purposes; (iv) comply with any applicable law, regulation, legal process or governmental request, (v) enforce these Terms, including investigation of potential violations hereof.
You will comply with all applicable laws, policies and regulations governing the security, privacy, collection, retention and use by you of cardholder Data, including, without limitation, financial information, card account numbers, and all other personally identifiable customer information. You agree to provide notice to your customer’s on your website that discloses how and why personal and financial information is collected and used, including uses governed by these Terms.
You are fully responsible for the security of data on your website or cardholder Data while in your possession, including if you use a third party to host your website. You will comply with all then-current legal obligations and security measures, as applicable, including without limitation those issued by Card Networks and the Federal Trade Commission, associated with the collection, security, dissemination and destruction of customer and transaction Data, and expressly including the Payment Card Industry Data Security Standard (PCI DSS). You warrant that you have taken such precautions as are necessary to ensure that your server and electronic systems are secure from breach or intrusion by unauthorized third parties. In the event that your system is breached and an unauthorized third party has access to or has accessed cardholder Data or Card transaction Data, you will notify SurePay promptly of such breach and shall take such precautions as may be necessary to prevent such breaches from occurring in the future.
You agree to comply with all of SurePay’s and Payment Provider’s security protocols and security advisories in effect during the term that these Terms are effective. You are solely responsible for verifying the accuracy and completeness of all Data submitted and processed by Payment Provider using the Gateway and verifying that all corresponding funds are accurately processed. You acknowledge that SurePay will not be liable for any improperly processed or unauthorized Data or illegal or fraudulent access to the Gateway, cardholder or Card transaction Data.
Accounts and Passwords
You will need to create a username and password to access the Gateway and the Services. You will restrict access to such username, password, and the Gateway to your employees and agents as may be reasonably necessary consistent with the purposes of these Terms and will ensure that each such employee and agent accessing and using the Gateway is aware of and otherwise complies with all applicable provisions of these Terms regarding such use and access. You are solely responsible for maintaining adequate security and control of any and all usernames, passwords, or any other codes for purposes of giving you access to the Gateway and Services. SurePay will be entitled to rely on information it receives from you and may assume that all such information was transmitted by or on your behalf. You agree to notify SurePay immediately of any unauthorized use of the Gateway, username or password, or any other breach of security. You may be held liable for losses incurred by SurePay or Payment Provider due to someone else using your username, password and personal and other Data as a result of your failing to keep such information secure and confidential.
Compliance with Laws and Acceptable Use
You are responsible for your conduct related to the Products and Services. You will comply, at your own expense, with all laws, policies, guidelines, regulations, ordinances, and rules applicable to you, these Terms, cardholder Data or Card transaction Data and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, the Rules, the Federal Trade Commission, SurePay policies and procedures, and Payment Provider policies and procedures. You specifically agree that you will not use the Products or Services to (i) violate any laws or regulations; (ii) infringe the intellectual property or other rights of third parties; and/or (iii) transmit material that contains viruses or other harmful computer code or files. In addition, you shall not use the Products or Services in any manner, or in furtherance of any activity that may cause either SurePay or Payment Provider to be subject to investigation, prosecution or legal action.
Use License
Subject to your compliance with these Terms, SurePay hereby grants to you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the Products and Services solely in connection with accepting and receiving Card payments or as otherwise expressly authorized by SurePay. The Products and Services are licensed and not sold. SurePay reserves all rights not expressly granted to you in these Terms. You may not use the Products and Services for any other purpose except as provided herein.
Term and Termination
These Terms, including any revisions, will remain in effect as long as you continue to use the Products or Services. SurePay may terminate these Terms and/or your access to the Products and Services at any time and for any reason, with or without notice. You may terminate these Terms at any time and for any reason, with or without cause, upon forty-five (45) days prior written notice to SurePay at support@surepay.co. Upon termination of these Terms, or if you violate any term or condition of these Terms, you must immediately stop using the Products and Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Billing and Payment
You agree to pay the fees applicable to the Gateway in accordance with the Fee Schedule, on a monthly basis, which will be charged in arrears for transactions occurring in the immediately preceding month, and to pay any applicable taxes. The taxes, fees and other charges may vary. You also agree to pay any additional charges or fees applied to your use of the Gateway, including interest and charges due to insufficient credit or insufficient funds.
All payments will be made in U.S. Dollars. You hereby authorize SurePay to initiate debit entries to the settlement account provided in the Merchant Agreement for all amounts due to SurePay under these Terms.
In the event that SurePay is unable to recover any fee amount that is due under these Terms, SurePay may terminate your registration and use of the Gateway. In addition, you will be subject to a late payment fee equal to the lesser of 1.5% per month or the highest rate permitted by law. If SurePay uses a collection agency or legal action to recover monies due, you agree to reimburse it for all expenses it incurs to recover such monies, including attorneys’ fees.
SurePay is not responsible for any charges, including but not limited to, cable or internet service charges, incurred when you access or use the Products or Services.
No Refund for Monthly Fees
Monthly Fees paid by you are final and non-refundable. Any request for refunds of Monthly Fees may be considered by SurePay in its sole discretion and on a case-by-case basis.
Changes to Products or Services
SurePay reserves the right, at any time, to change, limit, terminate, modify, suspend or discontinue providing the Products or Services, in whole or part, without notice. SurePay will use commercially reasonable efforts to notify you of any such action by posting relevant information on the Website or by sending you an email.
Restrictions on Use
As a condition of use, you agree not to use the Products or Services for any purpose that is prohibited by these Terms. You are responsible for all of your and your customers’ activity in connection with the Products and Services.
You shall not (and shall not permit any third party to) either (i) take any action, or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any information on or through the Products or Services that: (a) infringes any patent, trademark, trade secret, copyright, right of privacy or other right of any other person or entity or violates any law or contractual duty; (b) you know is false, misleading, untruthful or inaccurate; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or is otherwise inappropriate as determined by SurePay in its sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, Data, password or other information of SurePay or of any third party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.
If SurePay believes that any Card transaction Data you submit is in violation of these Terms or any other agreement between you and SurePay, or any applicable law, rule, or regulation, as decided in SurePay’s sole discretion, SurePay may notify Payment Provider to not authorize or settle such transaction. SurePay may also notify Payment Provider to not authorize or settle a Card transaction if SurePay believes that the Card transaction exposes you, other users, SurePay, Payment Provider or other service providers, banks and/or business partners to any harm, including but not limited to fraud and other criminal acts.
You shall not: (i) take any action that imposes or may impose (as determined by SurePay in its sole discretion) an unreasonable or disproportionately large load on SurePay’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Products or Services or any activities conducted on the Gateway; (iii) bypass, circumvent or attempt to bypass or circumvent any measures SurePay may use to prevent or restrict access to the Products or Services (or other accounts, computer systems or networks connected to the Products or Services); (iv) run any form of auto-responder or “spam” on the Virtual Terminal; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Gateway; (vi) harvest or scrape any content or Data from the Gateway; (vii) transfer any rights granted to you under these Terms; or (viii) otherwise take any action in violation of SurePay’s guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Products or Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Products or Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You may only use the Products and Services for your own use. You may not pass through, license, resell, rent, lease, or otherwise distribute the Products or Services (either for a fee or without charge), or allow third parties to use the Products or Services without SurePay’s express written permission. You may not use the Products or Services to act as a payment intermediary, aggregator or service bureau. Except as permitted herein, you may not use the Products or Services to handle, process, or transmit funds for any third party or process cash advances at any time.
You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Products or Services and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Products or Services on any authorized copy you make of the Products or Services.
Third Party Services
The Products or Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Products and Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under SurePay’s control, and you acknowledge that SurePay is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply SurePay’s endorsement or any association between it and their operators. You further acknowledge and agree that SurePay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Intellectual Property
The parties agree that SurePay owns and retains all right, title and interest in and to the Products, copyrights and any related technology utilized under or in connection with these Terms, including but not limited to all intellectual property rights associated therewith. Unless otherwise noted, the design and content features of the Products, including without limitation, information and other materials, graphics, illustrations, layout and design, icons, images, artwork, photography, text, data, and the like, as well as the selection, assembly and arrangement thereof, are owned by SurePay. No title to or ownership of any of the foregoing is granted or otherwise transferred to you or any other entity or person under these Terms. You are not authorized to use any SurePay name or mark as a hypertext link to any website or in any advertising, publicity or in any other manner without the prior written consent of SurePay.
Your Data and Access Devices
You may access the Products and Services through your computer or using a mobile device via a mobile optimized website. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Products and Services, and for management of your information, including but not limited to back-up and restoration of your Data. YOU AGREE THAT SUREPAY IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON SUREPAY’S SERVERS OR YOUR DEVICE(S).
Your Representations and Warranties
You represent and warrant that at all times during the term that these Terms are effective: (i) all representations and statements made by you in these Terms, or in any other document relating hereto by you or on your behalf, are true, accurate and complete in all material respects; (ii) you are engaged in a lawful business and has all necessary rights and authorizations to sell and distribute its products and/or services; (iii) you will comply, at your own expense, with all laws, policies, guidelines, regulations, ordinances or rules applicable to you, these Terms, cardholder Data or transaction Data, including, without limitation: (a) the Rules; (b) the Payment Card Industry Data Security Standard (PCI DSS); and (c) any regulatory body or agency having jurisdiction over the subject matter hereof.
DISCLAIMERS
THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. SUREPAY DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS OR SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUREPAY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE PRODUCTS OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED UNDER THESE TERMS. YOU UNDERSTAND AND AGREE THAT SUREPAY SHALL BEAR NO RISK WITH RESPECT TO YOUR SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CARD FRAUD OR CHARGEBACKS.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU EXPRESSLY AGREE THAT SUREPAY SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER OCCURRING, INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (A) YOUR FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE YOUR ACCOUNT; (B) FRAUDULENT TRANSACTIONS PROCESSED THROUGH YOUR ACCOUNT(S); (C) DISRUPTION OF SERVICES, SYSTEMS, SERVER OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, PAYMENT PROVIDER OR OTHER THIRD PARTY PAYMENT PROCESSOR OR ANY BANK; OR (E) THE LIMITATION OF THE FUNCTIONING OF ANY SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH.
Limitation Of Liability
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL SUREPAY OR ANY OF ITS PARENTS, AFFILIATES OR VENDORS (OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE PARTIES, OR ITS PARENTS, AFFILIATES OR VENDORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGE OR LOSS SUFFERED OR INCURRED BY YOU, REGARDLESS OF THE FORM OF ACTION, OR ANY LOSS OF REVENUE, PROFITS OR BUSINESS, ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, COSTS OF DELAY, LOSS OR DAMAGED DATA, OR THE INCURRING OF LIABILITY FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES, ALL WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUREPAY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE LESSER OF THE AGGREGATE COMPENSATION SUREPAY RECEIVED FOR PROVIDING THE PRODUCTS OR SERVICES TO YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $10,000. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO SUREPAY’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THESE TERMS.
THIRD PARTY PRODUCTS AND SERVICES
SUREPAY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD PARTY PRODUCTS OR SERVICES. YOUR USE OF THIRD PARTY PRODUCTS AND SERVICES IS AT YOUR OWN RISK. SUREPAY ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR FRAUD INCURRED RESULTING FROM THE USE OF OR CONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE, REGARDLESS OF WHETHER OR NOT SUREPAY IS A RESELLER OF OR REFERRAL AGENT FOR SUCH PRODUCT OR SERVICE.
Indemnification
You shall defend, indemnify, and hold SurePay, Payment Provider and each of their respective affiliates, parents, and/or subsidiaries, and any of their officers, directors, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses) incurred by an Indemnified Party arising out of or relating to: (a) any breach or alleged breach by you of any of your representations, warranties, or obligations set forth in these Terms; (b) any damage or loss caused by negligence, fraud, dishonesty or willful misconduct by you or any of your employees, agents or customers; (c) the reliability, accuracy, or legitimacy of payment Data or purchase orders submitted by you to SurePay or Payment Provider; (d) payment card transactions submitted by you to SurePay or Payment Provider and rejected by Payment Provider or an issuing bank; (e) any alleged infringement of a patent, copyright, trademark or other intellectual property right resulting from your actions; (f) claims by cardholders, including, without limitation, claims relating to the disclosure of cardholder or consumer Data; (g) any other party’s access and use of the Gateway with your unique login and password; or (h) any alleged or actual violation by you of any applicable laws, regulations, the Rules or any regulatory body or agency having jurisdiction over the subject matter hereof. In the event you cause fines and/or penalties to be charged to SurePay or Payment Provider by the Card Networks or any other entity, you agree to immediately reimburse SurePay or Payment Provider for said fines or penalties.
GOVERNING LAW; VENUE
YOU AGREE THAT THE SUBSTANTIVE LAWS OF THE STATE OF COLORADO, EXCLUDING ITS CONFLICTS OF LAWS RULES, WILL BE APPLIED TO GOVERN, CONSTRUE AND ENFORCE ALL OF THE RIGHTS AND DUTIES OF THE PARTIES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS. YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN ARAPAHOE COUNTY, COLORADO, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
WAIVER OF JURY TRIAL
YOU AND SUREPAY HEREBY EXPRESSLY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH YOU OR SUREPAY MAY BE A PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.
Notices
Notices required under these Terms by you must be provided to SurePay by email at the email address listed below under “Contact Us”. Notice by SurePay to you (including notice of changes to these Terms) shall be deemed given when: (a) transmitted to your primary email address on file with SurePay; or (b) mailed via the U.S. mail or hand-delivered to your address on file with SurePay; or (c) when posted to the Website. Written notices will be deemed given upon personal delivery, upon confirmation of receipt if sent by fax, or three (3) days after the date of mailing if sent by certified or registered mail, postage prepaid. Email notices shall be deemed given the next business day following the date delivered.
If you send an email to SurePay, you agree that the user ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.
General
You may not assign these Terms without SurePay’s prior written approval. SurePay may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SurePay’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, SurePay or any third party provider of the Service as a result of these Terms or use of the Products or Services.
SurePay will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
SurePay’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions unless acknowledged and agreed to by SurePay in writing.
If any provision of these Terms is held to be invalid or unenforceable by a court, such provision shall be struck and the remaining provisions of these Terms will remain in effect to the fullest extent under law. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.
Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect these Terms.
These Terms constitute the entire agreement between the parties, and supersede and replace any and all prior or contemporaneous oral or written agreements or understandings between the parties, as to the subject matter of these Terms.
You and SurePay acknowledge and agree that each of the Indemnified Parties and their successors and assigns are intended third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, each Indemnified Party will have the right (and will be deemed to have accepted the right) to enforce these Terms against you, including but not limited to those terms pertaining to disclaimers, waivers, limitations of liability and indemnification, as a third-party beneficiary thereof. Except as expressly stated herein, including the rights of the Indemnified Parties, there are no other third-party beneficiaries to these Terms.
Export Controls
The Products and Services may only be used in the United States. None of the Products or Services may be exported or re-exported into (or to a national or resident of): Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Revisions to these Terms
SurePay reserves the right, at its sole discretion, to modify or replace these Terms at any time. Amendments will be effective upon SurePay posting of such updated “Terms of Service” on its Website. You agree to visit the Website periodically to review any such revisions. By continuing to access or use the Products and Services following such posting will mean that you accept and agree to be bound by the amendments.
Electronic Communications
When you visit the Website or use the Products or Services or send emails to SurePay, you are communicating with SurePay electronically. You consent to receive communications from SurePay electronically. SurePay may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that SurePay provides to you electronically satisfy any legal requirement that such communications be in writing.
Contact Us
If you have any questions regarding these Terms, please contact us at:
support@surepay.co
(877) 872-1333
Privacy Policy
PRIVACY POLICY
Last updated: March 6, 2017
SurePay believes it is important to protect and respect the privacy of its customers and users in connection with the access and use of the SurePayapp.com website (the “Website”), the SurePay mobile application, and any other features, content, or applications offered from time-to-time by SurePay in connection with the Website (collectively, the “Service).
SurePay collects information about you when you use the Service and collects information you provide directly to SurePay, such as when you create or modify your Account. SurePay may also receive information from other sources and combine that with information it collects through the Service. This Privacy Policy describes SurePay’s policies and practices on the collection, use and disclosure of your personal information when you use the Service. This Privacy Policy does not apply to information SurePay collects from other sources. This Privacy Policy constitutes an integral part of SurePay’s Terms of Service located at www.SurePayapp.com/en-us/terms-and-conditions (the “Term of Service”). Capitalized terms used but not defined in this Privacy Policy have their respective meanings given to them in the Terms of Service. By accessing or using the Service, you agree to this Privacy Policy as well as the Terms of Service.
Use of Information
SurePay uses information it collects about you to provide, operate, maintain and improve the Service, including, for example, to develop new features, provide customer support and send administrative messages, analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, facilitate efficiency and access to your Account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
SurePay uses a variety of third party vendors and service providers to provide operational services and support for the Service, including to collect, store and use your information on SurePay’s behalf, as well as to approve, process and fulfill your transactions for products and services offered on or through the Website or mobile application.
Information You Provide to SurePay
You provide information directly to SurePay, such as when you create or modify your Account, connect with the Service via a third-party service, “follow,” “become a fan,” or add the SurePay application on a third party website or network, contact customer support, or otherwise communicate with SurePay. This information may include: name, email, phone number, postal address, profile picture, payment method, and other information you choose to provide. Your name, email address and other information you choose to provide on the Service will be viewable and discoverable by other users in accordance with your settings on the Service.
SurePay may use your email address to send you service-related notices (including any notices required by law, in lieu of communication by postal mail). SurePay may also use your contact information to send you marketing messages. If you don’t want to receive these messages, you can opt out by following the instructions in the message. If you correspond with SurePay by email, SurePay may retain the content of your email messages, your email address and any responses.
If you choose to use SurePay’s invitation service to invite a friend to the Service, SurePay will ask you for that person’s email address and automatically send an email invitation. SurePay stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of its invitation service.
Content
You also provide information to SurePay in the Content you submit, upload, post, link, store, share or otherwise make available through the Service. Your Content and metadata about your Content may be viewed by other users in accordance with your settings on the Service. SurePay may, but has no obligation, to monitor the Content you submit, upload, post, link, store, share or otherwise make available through the Service and can remove any such Content for any reason.
Cookies
When you use the Service, SurePay may send one or more “cookies” – a small data file – to your computer to uniquely identify your browser and let SurePay help you log in faster and enhance your navigation through the Website. A cookie may convey anonymous information to SurePay about how you browse the Website and use Service. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log Files
When you use the Service through the Website, SurePay’s servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Website or the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information.
Clear Gifs Information
When you use the Service through the Website, SurePay may employ clear gifs (also known as web beacons) which are used to track the online usage patterns. In addition, SurePay may also use clear gifs in HTML-based emails sent to its users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make the Service better for SurePay’s users.
Geo-Location Information
When you use the Service by or through a mobile device, SurePay may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey information to SurePay about how you use the Service. Location data does not collect or share any personally identifiable information about you. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Device Identifiers
When you access the Service by or through a mobile device, SurePay may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and are used to enhance the Service. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by SurePay. A device identifier may convey information to SurePay about how you use the Service. A device identifier does not collect or share any personally identifiable information about you. A device identifier may be used in conjunction with personally identifiable information. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers are impaired or disabled. SurePay may access, collect and/or store device identifiers upon enabling the Service.
Third Party Tools
SurePay uses third party analytics tools to assist in analyzing your use of the Service. Many of these tools collect the information sent by your browser as part of a web page request, including cookies and your IP address. These analytics tools also receive this information and their use of it is governed by their privacy policy.
Sharing of Information with Others
SurePay may share your personal information with its business partners and third party service providers. Sharing this information with SurePay’s business partners and third party service providers will allow such parties to provide the Service to you. SurePay specifically disclaims any responsibility or liability for the actions of its business partners and third party service providers. While SurePay informs its business partners and third party service providers that they are only permitted to communicate with you for the purposes of the specific promotion with the Service, the actions of such business partners and third party service providers are not within the control of SurePay.
Your Use
SurePay will display your personal information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. SurePay may also share or disclose your information to third parties with your consent, for example if you use a third party application to access your Account
Business Transfers
In the event SurePay goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred.
Compliance with Laws and Law Enforcement Requests; Protection of SurePay’ Rights
SurePay may disclose your personal information if required to do so by law or subpoena or if SurePay believes that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect SurePay’ rights or property.
Non-Personally Identifiable Information
SurePay may disclose your non-private, aggregated, or otherwise non-personally identifiable information, such as anonymous usage data, platform types, etc., with interested third parties to help them understand the usage patterns for certain aspects of the Service.
How SurePay Protects Your Information
The security of your information is important to SurePay. SurePay uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information, once it is received by SurePay. For example, SurePay continuously and regularly backs up your data to help prevent data loss and aid in data recovery. However, no method of electronic transmission of storage is 100% secure, and SurePay cannot ensure or warrant the absolute security of any information you transmit or store in the Service.
In the event that personal information is compromised as a result of a breach of security, SurePay will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Service, in which case SurePay may not be able to provide the Service to you. You may update or correct your Account information at any time by logging in to your Account.
Blog & Community Services
The Service will offer publicly accessible community services including blogs and forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your Subscription.
Children’s Privacy
Protecting the privacy of young children is especially important to SurePay. The Service is not directed to persons under 18. SurePay does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with the Service. If SurePay becomes aware that it has collected personal information from a child under age 18 without verification of parental consent, SurePay take steps to remove that information. If you believe that SurePay might have any information from or about a child under 18, please contact SurePay.
International Data Transfer
SurePay may transfer information that its collects about you, including personal information, to affiliated entities, or to other third parties (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.
Links to Other Web Sites or Applications
SurePay is not responsible for the practices employed by websites or applications linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website or application, this Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Website, is subject to that website’s own rules and policies.
Changes to this Privacy Policy
SurePay may change this Privacy Policy from time to time. Amendments will be effective upon SurePay posting of such updated “Privacy Policy” on its Website. You agree to visit the Website periodically to review any such revisions. By continuing to access or use the Service following such posting will mean that you accept and agree to be bound by the amendments.
Contact Us
If you have any questions about this Privacy Policy, please contact us at:
(877) 872-1333