YamaPay Payments- Terms of Service - Buyer (US)
February 12, 2021
These Terms of Service are a legal agreement, between you and YamaPay Inc. (“YAMAPAY” or “we”), that govern your access to and use of the Services (as defined below). Please review these Terms of Service before you decide whether to accept them and continue with the registration process. These Terms of Service are divided into the following parts:
By accepting this Agreement, you represent the following:
- You are 18 years of age or older; and
- Capable of entering into a legally binding agreement.
- If you are a business entity, you also represent that you are:
- Duly authorized to do business in the country or countries where you operate; and
- Your employees, officers, representatives, and other agents accessing the Services are duly authorized to access the Services and to legally bind you to these Terms of Service and all transactions conducted under your username and password.
By agreeing to these Terms of Service, you authorize YAMAPAY to charge your Payment Instrument and/or debit your YamaPay Balance, as applicable, when you incur transactions or fees using any of the services offered hereunder.
1. Definitions Appearing in These Terms of Service
“Applicable Law”: Any and all federal, state and local laws, rules and regulations applicable to the Services.
“Buyer”: A Customer using a Service to purchase goods and/or services from a Seller.
“Carrier”: A mobile telephone operator approved by YAMAPAY that offers a Carrier Billing Account.
“Carrier Billing Account”: The monthly or other periodic billing account provided to you by your Carrier that you register to fund certain Payment Transactions.
“Carrier Billing Service”: The payment process whereby YAMAPAY, on behalf of Seller, submits a Payment Transaction to the Carrier for billing to a Buyer’s Carrier Billing Account.
“Customer”: A person who registers for the Service(s).
“Funding Account”: A credit card, debit card or ACH-enabled checking or savings account that is registered or used by you to fund P2P Payments or payments made by you to your YamaPay Balance.
“YamaPay”: YamaPay Inc.
“YamaPay Account”: The account you create with YamaPay Inc. for the use of YamaPay Services, as defined in the YamaPay Terms of Service.
“YamaPay Pay”: The Service consisting of the P2P Service, YamaPay Balance, YamaPay Pay with Virtual Account Numbers and Linked Third-Party Accounts, Save to YamaPay Pay, and any other features described in the YamaPay Pay Terms of Service.
“YamaPay Payments”: The Services provided by YAMAPAY.
“YamaPay Balance”: Funds you maintain in your YamaPay Payments Account as part of the YamaPay Pay Service, which is a service provided by YAMAPAY. The YamaPay Balance is facilitated by YAMAPAY and is held in a deposit account at a Partner Bank. Please note that, in some contexts across other YAMAPAY services, YamaPay Balance may also be referred to as “YamaPay Wallet Balance,” and all references in these Terms of Service to “YamaPay Balance” apply equally to the term “YamaPay Wallet Balance.”
“YamaPay Pay P2P Service”: The P2P Service offered by YAMAPAY. Please note that, in some contexts, the P2P Service’s mobile app, also offered by YAMAPAY, may also be referred to as “YamaPay Pay Send,” and all references in these Terms of Service to “YamaPay Pay P2P Service” apply equally to the term “YamaPay Pay Send.”
“YamaPay Pay Send”: See the definition of “YamaPay Pay P2P Service.”
“YamaPay Pay with Virtual Account Numbers and Linked Third-Party Accounts”: The YamaPay Pay feature that enables you to use Virtual Account Numbers and Linked Third-Party Accounts (i) to make purchases at locations where contactless payments using your mobile device, along with a credit/debit card, are accepted, and (ii) to make purchases on merchant mobile applications, websites, and other interfaces accepting YamaPay Pay. This feature was previously referred to as Android or IOS Pay.
“YamaPay Payments Account”: The account assigned to you by YAMAPAY when you accept these Terms of Service. Information related to the account may be accessed at https://www.YamaPay.com.
“YamaPay Wallet”: See the definition of “YamaPay Pay P2P Service.”
“YamaPay Wallet Balance”: See the definition of “YamaPay Balance.”
“YamaPay Web Sites”: The web site pages or mobile application interfaces of YamaPay, a YamaPay affiliate or a YamaPay-affiliated or partner company.
“YAMAPAY”: YamaPay Inc.
“Linked Third-Party Account”: A digital wallet or account that you have with a company other than YAMAPAY, YamaPay, or any of their affiliates, and that you link to YamaPay Pay in accordance with the YamaPay Pay Terms of Service and in order to enable additional payment or other functionality for use with YamaPay Pay.
“Loyalty Program(s)”: A membership, affinity, or rewards program that you have already registered for or may newly register for via YamaPay Pay and which, when stored as a Save to YamaPay Pay Item, may enable you to receive direct communications from the participating merchant and, in certain instances, allows you to accrue and/or redeem rewards program points and other incentives from that merchant.
“Offer(s)”: Vouchers, coupons, discounts or other Save to YamaPay Pay Items that can be redeemed at a participating merchant.
“Online Card Processing Service”: The service by which YAMAPAY holds a Buyer’s registered Payment Instrument information in Buyer’s YamaPay Payments Account and, at the time of Buyer’s purchase from a Seller using such Payment Instrument, YAMAPAY provides such information to Seller (or Seller’s card processor, including potentially YAMAPAY itself) for processing through a payment network, which Seller, in turn, provides to the issuer of Buyer’s Payment Instrument for approval and financial settlement through a payment network to the Seller.
“P2P Payment” or “Peer to Peer Payment”: Payment initiated to another Customer using the P2P Service that debits (or charges) a Funding Account or YamaPay Balance of the Sender and makes the funds available to be claimed via the Recipient’s YamaPay Payments Account. P2P Payments may not be used for business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.
“P2P Service”: The YamaPay Pay Service provided by YAMAPAY that facilitates peer to peer payment transactions. The service name of the P2P Service, offered by YAMAPAY, is “YamaPay Pay.” Please note that, in some contexts, the P2P Service’s mobile app, also offered by YAMAPAY, may also be referred to as “YamaPay Pay Send,” and all references in these Terms of Service to “P2P Service” apply equally to the term “YamaPay Pay Send.”
“Partner Bank”: One or more U.S. banks and other U.S. financial institutions at which YAMAPAY establishes an account holding YamaPay Balances.
“Payment Instrument”: A credit card, debit card, ACH-enabled checking or savings account, merchant gift card or other prepaid payment method, Carrier Billing Account, YamaPay Balance, third-party digital wallet, and/or other financial account that is registered in a Customer’s YamaPay Payments Account. In the case of YamaPay Pay with Virtual Account Numbers and Linked Third-Party Accounts, a “Payment Instrument” is a Virtual Account Number or Linked Third-Party Account. Not all Payment Instruments are eligible for use with all Services.
“Payment Transaction”: The processing of a payment that results in the debiting, charging, or other related transaction, of the Purchase Amount to a Buyer’s Payment Instrument.
“Processing Service”: The Online Card Processing Service and the Carrier Billing Service.
“Product”: Any merchandise, good or service that a Buyer may purchase using a Service.
“Purchase Amount”: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
“Recipient”: Customer who receives a payment from the Sender as the result of a P2P Payment. P2P Payments may not include business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.
“Save to YamaPay Pay Items”: Non-payment-card items stored in your YamaPay Account consisting of Offers, Loyalty Programs, gift cards redeemable at a specific merchant store or group of stores (i.e., closed loop gift cards), and more which are added by you or which are pushed by a merchant or third party into your YamaPay Account and displayed on your supported mobile device.
“Save To YamaPay Pay”: The YamaPay Pay feature that enables the scanning, storage, display, status, and/or redemption of non-payment-card items saved to your YamaPay Account as Save to YamaPay Pay Items, which may include loyalty points, order tracking, display of gift card balance, delivery updates, and more. This feature was previously referred to as Save to Android or IOS Pay.
“Seller”: Customer who uses the Processing Service to process Payment Transactions from Buyers.
“Sender”: Customer who uses the P2P Service to initiate a P2P Payment to send a payment to a Recipient. P2P Payments may not include business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.
“Service(s)”: The products and services provided by YAMAPAY described in these Terms of Service that are or facilitate (i) the Processing Service, (ii) YamaPay Pay, and (iii) the P2P Service.
“Third-Party Online Payment”: Use of a Payment Instrument to make purchases on merchant mobile applications, websites, and other online interfaces.
“Virtual Account Number”: A bank-issued virtual account number representing a credit or debit card you registered with YamaPay Pay in accordance with the YamaPay Pay Terms of Service.
“We”, “us”: YamaPay Inc.
“You”, “you”: A person or business that applies to, or registers to use, or uses, the Services.
B. YamaPay Payments & Processing Service Terms
2. Registration for YamaPay Payments
2.1 Setting Up a YamaPay Payments Account
When you accept these Terms of Service (for example, when first registering a Payment Instrument in your YamaPay Payments Account, setting up YamaPay Pay, or setting up the YamaPay Pay P2P Service, including the YamaPay Pay app), you are creating a YamaPay Payments Account that is associated with your YamaPay Account, and which may be accessed at https://payments.YamaPay.com. Depending on the Services you use, you may be asked to provide information such as your name, contact information, Payment Instrument information (including your bank name, routing number and account number for the account, if applicable), date of birth, and/or your social security number. We may verify your registration information with a third party verification vendor. In some cases, we may ask you to send us additional information, such as a copy of your driver’s license or passport, or to answer additional questions to help us verify your identity. Finally, if you register a Carrier Billing Account, we will ask you to provide your mobile telephone number and the name and billing address associated with that number.
The information you provide will be used by us to determine if you are eligible to begin and/or continue to use the Services. Provision and use of such data is subject to the YamaPay Payments Privacy Notice, as described more fully in Section 7 below.
2.2 USA Patriot Act Notice
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business that opens an account or requests credit.
2.3 Accuracy of Registration Information
You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. Changes to your primary residence address may require you to accept new YamaPay Payments terms of service for the country to which you have moved. In addition, as certain services are currently offered only in select countries, changes to your primary residence address may result in your becoming ineligible for certain services.
2.4 Relation to your YamaPay Account
In order to use the Services, you must have a YamaPay Account which is in good standing with YamaPay, in accordance with the YamaPay Terms of Service. If you or YamaPay closes your YamaPay Account for any reason, your YamaPay Payments Account will also be closed and you will no longer be able to access the Services.
3. The Processing Service
3.1 Getting Started with the Processing Service
In order to use the Processing Service, you must complete all information elements required on pages where you register a Payment Instrument in your YamaPay Payments Account. You must register a valid Payment Instrument to make Payment Transactions.
You authorize YAMAPAY to confirm that your Payment Instrument is in good standing with the issuing financial institution and/or Carrier (as applicable), including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association or Carrier rules as applicable. YAMAPAY, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for the Processing Service with or without cause or notice, other than any notice required by any Applicable Law, and not waived herein.
3.2 Online Card Processing Service
The Online Card Processing Service facilitates a credit or debit card purchase by a Buyer from a Seller that is registered with YAMAPAY to receive certain merchant payment processing services. The Online Card Processing Service stores information from Buyers, such as their Payment Instruments and shipping information. YAMAPAY processes Payment Transactions on behalf of Sellers, as the agent of the Seller, through a payment network or through a participating Carrier, as applicable. When Buyer chooses to pay for Products with the Processing Service, Buyer authorizes the Seller to submit charges (and, in the case of refunds, credits) to Buyer’s registered Payment Instrument. YAMAPAY will assist as agent of the Seller in accessing a payment network and processing the Payment Transaction. Once Buyer’s registered Payment Instrument is authorized, Buyer’s payment obligation to Seller shall be deemed completed and discharged (except for Buyer’s obligations in the event of a chargeback or other reversal). Purchases made through the Online Card Processing Service are also subject to the terms and conditions governing Buyer’s Payment Instrument between Buyer and the issuer of the Payment Instrument. Buyer is responsible for any charges and related fees that may be imposed under the Payment Instrument terms and conditions as a result of Buyer’s use of a Payment Instrument.
You acknowledge and agree that your purchases of Products are transactions between you and the Seller, and not with YAMAPAY, YamaPay or any of their affiliates. Neither YAMAPAY nor YamaPay are a party to your Payment Transaction for the purchase of Products, and YAMAPAY, YamaPay, or other YAMAPAY affiliates are not a Buyer or a Seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a YamaPay Web Site.
You also agree that YamaPay may update your Payment Instrument information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your Payments Instruments stored by YAMAPAY. YAMAPAY may reflect these changes to your stored Payment Instrument to prevent payment failure or service termination.
You also agree that a Seller and YAMAPAY, acting on behalf of the Seller, may resubmit a Payment Transaction for a Product purchase to the payment network for processing one or more times in the event that a prior Payment Transaction is declined or returned by the payment network.
3.3 YamaPay Carpool Processing Service
The YamaPay Carpool Processing Service facilitates a credit or debit card purchase by a rider (a Buyer) from a driver (a Seller) that is registered with YAMAPAY to receive certain merchant payment processing services. The YamaPay Carpool Processing Service stores information from Buyers, such as their Payment Instruments and other information. YAMAPAY receives and processes Payment Transactions for the YamaPay Carpool Processing Service on behalf of the Seller drivers, as the agent of the Seller drivers, through the appropriate payment network. When a Buyer chooses to pay a Seller driver for a ride with the YamaPay Carpool Processing Service, Buyer authorizes the Seller driver to submit charges (and, in the case of refunds, credits) to Buyer’s registered Payment Instrument. Payment received by YAMAPAY (including authorization of the payment) from the issuer of your registered Payment Instrument shall constitute payment to the Seller driver, and your payment obligation to the Seller driver shall be deemed completed and discharged at that time. Purchases made through the YamaPay Carpool Processing Service are also subject to the terms and conditions governing the Buyer’s Payment Instrument between Buyer and the issuer of the Payment Instrument. Buyer is responsible for any charges and related fees that may be imposed under the Payment Instrument terms and conditions as a result of Rider’s use of a Payment Instrument.
You acknowledge and agree that your purchases of Products processed through the YamaPay Carpool Processing Service are transactions between you and the Seller driver, and not with YAMAPAY, YamaPay or any of their affiliates. Neither YAMAPAY nor YamaPay are a party to your Payment Transaction for the purchase of Products, and YAMAPAY, YamaPay and other YAMAPAY affiliates are not a Buyer or Seller driver in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a YamaPay Web Site.
3.4 Carrier Billing Service
Certain Sellers that use the Processing Service may permit you to have your purchase billed to your Carrier Billing Account. These additional terms apply when you use Carrier Billing through the Processing Service:
- Registering your Carrier Billing Account as a payment option requires your mobile telephone number, name and billing address of the Carrier Billing Account associated with that number. You consent to your Carrier providing this information to YAMAPAY, and you will review the information during sign-up for Carrier Billing, and correct any inaccuracies. This information will be used by YAMAPAY for the purpose of establishing your Carrier Billing Account as a Payment Instrument in your YamaPay Payments Account, and for operating the Processing Service. You also agree that YAMAPAY and your Carrier may share information with each other regarding your Carrier Billing activity in order to charge or credit your Carrier Billing Account and otherwise complete payments for purchases, reversals, refunds or adjustments of Payment Transactions, resolve disputes, provide customer support, and for other Carrier Billing-related purposes.
- When you choose to pay for a transaction with Carrier Billing, you authorize the Seller and YAMAPAY, as agent of and processor for the Seller, to submit charges and credits to your Carrier, and your Carrier to make such charges and credits to your Carrier Billing Account, as necessary to complete the Payment Transaction, or to complete the reversal, refund, or adjustment of that Payment Transaction.
- You can use Carrier Billing to purchase applications (e.g., downloadable or networked applications, wallpapers, ring-tones, games, and productivity tools) (“Apps”) for and with your compatible device from certain merchants on YamaPay Play. These Apps are not sold by your Carrier, YamaPay, YAMAPAY, or YamaPay Play. You can identify the Seller of the App at the point of purchase.
- Purchases made through Carrier Billing are also subject to the terms and conditions of your Carrier Billing Account. You are responsible for any charges and related fees that may be imposed under your Carrier Billing Account terms and conditions as a result of your use of Carrier Billing.
- You may contact your Carrier’s customer service if you have a question about the charges or fees billed to your Carrier Billing Account. You should direct support questions regarding products, such as YamaPay Play Apps, purchased through Carrier Billing to the Seller from whom you purchased the App.
- None of Carrier, YamaPay, YAMAPAY, or YamaPay Play is responsible for any product (including an App) purchased with Carrier Billing, including download, installation, use, transmission failure, interruption, or delay, refunds, third party advertisements you may encounter while using the product or App, alterations any App may make to the functionality of your device, including any changes that may affect your Carrier’s plan, service, or billing, or any content or website you may be able to access through the App
3.5 Passing Payment Instrument Details to Third Parties
Where requested by You, YAMAPAY may pass details of your Payment Instrument and related information to a third party for that third party to charge the Payment Instrument for goods or services it will supply to You. In such cases, after passing the Payment Instrument details to that third party, YAMAPAY will have no further involvement in Your transaction with that third party (and You acknowledge and agree that your purchases made are transactions between you and the third party and not with YAMAPAY, YamaPay or any of YAMAPAY’s affiliates). This is not a Payment Transaction. You should contact the third party or Your Payment Instrument provider (e.g., credit or debit card provider) directly regarding any issues with such third-party transactions, including refunds and disputes.
3.6 Subscriptions/Recurring Transactions Purchases
In the event that the Processing Service offers you the ability to pay for subscriptions, your subscription will start when you click “Accept & buy” on a subscription purchase. This is a recurring billing transaction. Unless otherwise stated, your subscription and the relevant billing authorization will continue indefinitely until cancelled by you.
By clicking “Accept & buy”(or equivalent phrase), you authorize the applicable Seller to bill your chosen Payment Instrument each designated billing period for the subscription at the Purchase Amount. You further authorize the applicable Seller to charge the Purchase Amount to the alternate Payment Instrument, if you have selected one in your YamaPay Payments Account, in the event that the Seller is unable to charge to your designated Payment Instrument for any reason.
The Purchase Amount will continue to be charged to your Payment Instrument or alternate Payment Instrument (if applicable) each billing period, until you cancel your subscription, unless as otherwise stated in the terms and conditions. The billing rate is subject to change by the Seller during the subscription period.
Your Payment Instrument will be billed each period based on the date of the subscription purchase.
You may cancel a subscription at any time by following the process described here, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
3.7 Permissible Payment Transactions
You may only use the Processing Service to process a Payment Transaction for a Product that is purchased from a Seller through a legitimate, bona fide sale of the Product. The Processing Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. The Processing Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travelers checks, prepaid cards, money orders, etc.). You may not use the Processing Service to purchase any illegal goods or services or for any other underlying illegal transaction.
You agree that you will not use the Processing Service to purchase any Products that violate these Terms of Service, other policies or rules applicable to the Processing Service, or Applicable Law. The current policy that establishes the Products and other transactions that may not be paid for with the Processing Service is provided here. Failure to comply with these limitations may result in suspension or termination of your use of the Processing Service.
3.8 Service Fees
YAMAPAY does not charge a fee to use the Processing Service as a Buyer. The financial institution that issues, or the Carrier that provides, your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees.
YAMAPAY will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction.
You agree to release YAMAPAY, YamaPay, and other YAMAPAY affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve YAMAPAY in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of YAMAPAY, YamaPay, and other YAMAPAY affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the Buyer’s card issuer agreement or Carrier Billing Account terms and conditions, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
Except as set forth in these Terms of Service, all Payment Transactions processed through the Processing Service are non-refundable to Buyer by YAMAPAY and are non-reversible by Buyer through the Processing Service. You may have additional refund or charge-back rights under your Payment Instrument issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Instrument which will reflect all purchase transactions through the Processing Service. The refund procedure described in this Section 3.10 does not apply to transactions involving your YamaPay Balance or P2P Payments. For refund policies applicable to these products, please see Section 5.
Neither YAMAPAY nor YamaPay is responsible if a Play Gift Card or Store Credit is lost, stolen, destroyed or used without your permission. YAMAPAY and YamaPay will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Play Gift Card or Store Credit is redeemed and/or used to make purchases.
D. YamaPay Pay P2P Service and Other YamaPay Pay Terms
For terms relating to YamaPay Pay with Virtual Account Numbers and Linked Third-Party Accounts, or Save to YamaPay Pay, see the YamaPay Pay Terms of Service.
Note: When using the Processing Service, or when passing your Payment Instrument details to third parties in accordance with Section 3.5 above, your Payment Instruments may also be presented to you under the YamaPay Pay brand, but in that instance remain subject to applicable terms in Part 3 (“The Processing Service”) of these Terms of Service.
How to Identify YAMAPAY’s P2P Service and YamaPay Balance feature. The YAMAPAY P2P Service and YamaPay Balance are identified in apps and on websites (1) with the use of one of the following service names: “YamaPay Pay,” “G Pay,” “YamaPay Inc.”, “YamaPay Balance”, “G Pay Balance,” “YamaPay Pay Send,” or “G Pay Send” and (2) accompanied by the phrase “Processed by YamaPay Inc”, “Facilitated by YamaPay Inc”, or similar text appearing on the transactional screen associated with the app or website from which you access the P2P Service or YamaPay Balance feature.
5. YamaPay Balance and P2P Payments
5.1 YamaPay Balance
(a) Your YamaPay Balance is sometimes referred to as “YamaPay Wallet Balance” in certain YamaPay Web Sites and applications.
(b) Creating YamaPay Balance. You may maintain funds in your YamaPay Payments Account that are known as your YamaPay Balance. To create a YamaPay Balance, you will first be asked to provide certain registration information, as described in Section 2 above.
Funds can be accumulated in your YamaPay Balance by means of:
(i) funds received from a Sender and/or
(ii) a credit issued to you in accordance with the terms of the YamaPay Balance Customer Service and Error Resolution Policy, or as a courtesy by YAMAPAY or YamaPay.
YAMAPAY will use commercially reasonable efforts to make funds available to you no later than three (3) business days after YAMAPAY receives final settlement of the funding transaction. YAMAPAY charges no fees for creating a YamaPay Balance or maintaining funds in your YamaPay Balance (see Exhibit A, Short Form Disclosure and Exhibit B, Long Form Disclosure).
Using your YamaPay Balance in order to monetize/maximize any rewards programs offered under the issuer’s terms for your credit or debit card is prohibited under these Terms of Service.
(c) Withdrawal of YamaPay Balances. You may register an ACH-enabled checking, savings, or debit card account as the Funding Account for your YamaPay Balance in order to withdraw funds from your YamaPay Balance. If you are permitted by YAMAPAY to withdraw funds to a bank account or debit card, you must be the named account-holder of both the YamaPay Balance and the bank account or debit card to which funds are withdrawn. Withdrawals may be processed in part by third parties (such as your account-holding bank). We are not responsible for withdrawn funds once provided to the third party for delivery to you at your request. YAMAPAY charges no fees for withdrawals (see Exhibit A, Short Form Disclosure and Exhibit B, Long Form Disclosure). You are solely responsible for any fees that may be charged to you by a third party for processing a withdrawal. YAMAPAY will not be responsible for withdrawals provided to the wrong party or account, or where you provided incorrect withdrawal account details to YAMAPAY.
(d) Use of YamaPay Balances. You may use your available YamaPay Balance for P2P Payments, Payment Transactions on YamaPay Play and withdrawals as described in Section 5.1(b) above. YAMAPAY charges no fees for using your YamaPay Balance (see Exhibit A, Short Form Disclosure and Exhibit B, Long Form Disclosure).
(e) No Interest on YamaPay Balances. YAMAPAY and the Partner Bank do not pay interest to you on YamaPay Balances or any other funds. You assign to YAMAPAY the right to earn interest on funds in the deposit account of the Partner Bank, in consideration of your use of the Service.
(f) Negative YamaPay Balances. If for any reason, your YamaPay Balance becomes negative, you authorize YAMAPAY to:
(i) Initiate a debit or charge to your Funding Accounts in your YamaPay Payments Account to bring your YamaPay Balance to $0 and / or
(ii) Use a third party to recover funds from you to bring your YamaPay Balance to $0.
No fees are charged by YAMAPAY if your YamaPay Balance becomes negative or to bring your YamaPay Balance to $0.
Your authorizations under this Section 5.1(f) remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.
(g) Liability for Failure to Make Transactions. We may restrict access to your YamaPay Balance temporarily or permanently if we notice suspicious activity in connection with your YamaPay Balance account. We have no liability for restricting access to the YamaPay Balance because of suspected suspicious activity. If we do not complete a transaction using your YamaPay Balance on time or in the correct amount according to our Agreement with you (other than for restrictions because of suspicious activity), we will be liable for the correct amount of the transfer. However, there are some exceptions. We will not be liable, for instance:
(i) If through no fault of ours, a merchant refuses to honor a transaction using your YamaPay Balance;
(ii) If through no fault of ours, you do not have enough money available in your YamaPay Balance to make a purchase;
(iii) If the terminal or system was not working properly;
(iv) If the transaction information supplied by you or a third party is incorrect or untimely;
(v) If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; or
(vi) The merchant authorizes an amount greater than the purchase amount.
There may be other applicable exceptions as otherwise provided by state or federal laws.
5.2 P2P Payments
(a) Requirements for Registration
In order to use the P2P Service to make P2P Payments using a debit card, or ACH-enabled checking or savings account, you must register one or more such account(s) as your Funding Account(s) for the P2P Service. You authorize us to confirm that your Funding Account(s) are in good standing with the issuing financial institution, including by submitting a request for a payment authorization and/or a low monetary credit and/or debit to the Funding Account.
The P2P Service is currently available only to Senders and Recipients who are U.S. residents and who otherwise meet the requirements of these Terms of Service. The P2P Service may not be used for business transactions, other than business transactions between individuals. All users of the P2P Service agree to the restrictions contained in this Content Policy. Any use of the P2P Service which violates the requirements of the Content Policy may result in a user being suspended from the P2P Service and/or other Services. The P2P Service may also not be used for charitable transactions.
(b) Your Authorization for a P2P Payment
(1) When you request a P2P Payment to be effected through the P2P Service, you must designate a Funding Account, or your YamaPay Balance, for such P2P Payment. As determined by the Funding Account or YamaPay Balance you select, you authorize YAMAPAY to:
(i) For a P2P Payment made from your YamaPay Balance, debit funds in the P2P Payment amount from your YamaPay Balance. No fees are charged by YAMAPAY for P2P Payments made from your YamaPay Balance (see Exhibit A, Short Form Disclosure and Exhibit B, Long Form Disclosure);
(ii) For a Funding Account that is a debit card, initiate a charge through a payment network in the P2P Payment amount; and,
(iii) For a Funding Account that is an ACH-enabled checking or savings account, initiate a debit through the ACH Network in the P2P Payment amount; and
(iv) Initiate any subsequent credit, debit or charge to your Funding Account or YamaPay Balance in order to process a return, chargeback, reversal, refund, adjustment or rejection, to correct an error relating to, or to resubmit a P2P Payment. No fees are charged by YAMAPAY in any of these events (see Exhibit A, Short Form Disclosure and Exhibit B, Long Form Disclosure).
(2) Your authorizations under this Section 5.2 remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.
5.3 Processing of P2P Payments
(a) You may send a P2P Payment to any other person who is a resident of the United States with a valid email address who otherwise meets the requirements of these Terms of Service to receive such P2P Payment. You must select the Funding Account or your YamaPay Balance from which your P2P Payment will be sent at the time you initiate the P2P Payment. You will also have the option to enter a “memo” or note for the P2P Payment, which may be retained by YAMAPAY as part of the P2P Payment record and/or monitored by YAMAPAY in accordance with its financial regulatory obligations.
(b) In the event you initiate a P2P Payment from your YamaPay Balance and there are insufficient funds for the P2P Payment, your YamaPay Balance may be debited in the amount of the insufficient funds. In the event your YamaPay Balance incurs a negative balance as a result of this debit, your Funding Accounts will be debited in the order listed in your YamaPay Payments Account to bring your YamaPay Balance to $0 (as described in Section 5.2(a) above). No fees are charged by YAMAPAY if your YamaPay Balance becomes negative or to bring your YamaPay Balance to $0.
(c) YAMAPAY will hold funds debited from a Sender’s Funding Account or YamaPay Balance pending transfer to the Recipient. You will not have access to funds in the process of transmission to the Recipient.
(d) The Recipient will receive an email from the Sender of a P2P Payment advising the Recipient that funds have been received for him or her. Such funds may not be available to the Recipient at the time he or she receives the email.
(e) The Recipient must either have or create a YamaPay Payments Account in order for the funds to become available to him or her. A Recipient may be required to take certain actions, such as providing YAMAPAY with additional registration information, or accepting the YamaPay Payments Terms of Service, prior to the funds becoming available. YAMAPAY is not responsible if the intended Recipient does not have or create accounts necessary to receive a P2P Payment.
(f) A requested P2P Payment is complete when funds are (i) credited to the Recipient’s YamaPay Balance and available for use or withdrawal by the Recipient or (ii) directed by the Recipient to the Recipient’s bank account (via the Recipient’s debit card or the ACH Network). The Sender may request that YAMAPAY cancel the P2P Payment prior to such completion of the P2P Payment, as described in our Customer Service & Error Resolution Policy. The Sender may request cancellation of the P2P Payment by calling YAMAPAY at 1-888-986-7944. YAMAPAY will use commercially reasonable efforts to cancel the P2P Payment upon request by the Sender. In the event that YAMAPAY is able to cancel the P2P Payment, the funds will be credited to the Sender’s Funding Account, or YamaPay Balance, that was used to fund the P2P Payment. YAMAPAY may deduct applicable fees from the returned funds, to the extent permitted by applicable law. P2P Payments that have been completed as set forth in this subsection are ineligible for cancellation.
(g) YAMAPAY reserves the right (but is not obligated) to make funds available to a Recipient before YAMAPAY receives final settlement of the Sender’s funding transaction. YAMAPAY also reserves the right in its sole discretion to delay transfer of funds to Recipient or place a hold on funds in the Recipient’s YamaPay Balance.
(h) Notwithstanding the foregoing, YAMAPAY will use commercially reasonable efforts to make funds available to a Recipient no later than three (3) business days after YAMAPAY receives final settlement of the Sender’s funding transaction. Except as set forth in the Customer Service & Error Resolution Policy, YAMAPAY has no liability to you or any other person for any delay in making funds available to the Recipient.
(i) If a requested P2P Payment cannot be completed for any reason, including because the Recipient is not a U.S. resident, or the Recipient does not or is ineligible to create a YamaPay Payments Account and / or YamaPay Balance in order to receive the funds within ten (10) days of the Sender initiating the P2P Payment, the P2P Payment will be canceled and, to the extent possible, funds will be returned to the Sender’s Funding Account or YamaPay Balance.
(j) Use of Gmail and YamaPay+. You may be able to initiate a P2P transaction using Gmail. The text of Gmail email messages for P2P Payments, any accompanying photo(s), and any other attachments, data, or information included in such messages, are not considered part of P2P Payments processed by YAMAPAY. In the event that you have created a YamaPay+ profile that includes your photo(s), such photo(s) may be visible to Senders and Recipients and included with your P2P transaction. You may limit the sharing of your photos by changing the settings of your YamaPay+ profile in your YamaPay+ account. Your use of Gmail and YamaPay+ are subject to the terms of service and policies of those individual products. P2P Payments initiated through Gmail are offered as part of YamaPay Pay by YAMAPAY under the terms of this agreement. Gmail and YamaPay+ are offered under the terms of your agreement for those services with YamaPay Inc..
5.4 Transaction Records, Customer Service and Error Resolution Policy
Records of your P2P Payments through the P2P Service and your other YamaPay Balance transactions (together, your “YamaPay Balance Transactions”) will be reflected in your transaction history in your YamaPay Payments Account. In addition, you will be provided with a monthly statement of your YamaPay Balance Transactions, which can be accessed by logging into your account at pay.YamaPay.com or in the YamaPay Pay mobile application. You are responsible for reviewing your statement and transaction activity to determine if there are any errors or unauthorized transactions, and for alerting YAMAPAY of such events, in accordance with the YamaPay Balance Customer Service and Error Resolution Policy, available in your YamaPay Payments Account. You should review the YamaPay Balance Customer Service and Error Resolution Policy to understand certain rights you may have as to your YamaPay Balance Transactions.
It is your obligation to save or print a copy of your YamaPay Balance statement. If your access to the Service is canceled or terminated by you or by us for any reason, you will not be permitted to access statements stored by YAMAPAY. You may request paper copies of certain electronic records about your account and stored by YAMAPAY, subject to the limitations of the Electronic Communications policy, as stated in Section 9 below. YAMAPAY reserves the right to charge you fees for such paper copies.
YAMAPAY may charge fees in accordance with the then-current fee schedule, as stated herein. YamaPay Pay does not assess a fee for any P2P Payment or YamaPay Balance transaction (see Exhibit A, Short Form Disclosure, which provides a summary fee disclosure and Exhibit B, Long Form Disclosure, which provides a list of all fees).
Please review the account terms provided by the issuer of your Funding Account for any fees they may assess on your use of your Funding Account.
5.6 Transaction Limits
P2P Payments may not exceed Ten Thousand Dollars ($10,000) in aggregate transactions over seven (7) days. Transactions using YamaPay Balance, excluding P2P Payments, may not exceed Ten Thousand Dollars ($10,000) as an individual transaction or Fifty Thousand Dollars ($50,000) in aggregate transactions over five (5) days. Florida residents also may not initiate, receive, or otherwise engage in P2P Payments or YamaPay Balance transactions exceeding Three Thousand Dollars ($3,000) in any given 24-hour period. YAMAPAY or the Partner Bank may impose additional limitations on the dollar amount or frequency of any withdrawals permitted; these limitations are subject to change.
E. General Terms
The terms in this Part E (General Terms) are applicable to all Services described in these Terms of Service.
6. Use of Services
Notwithstanding any limitations described elsewhere in these Terms of Service, we may establish general practices and limits concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to some or all of the Services without notice and without liability. We may decline to process any transaction without prior notice to you.
YAMAPAY may delay, hold, cancel or reverse processing of any transaction if:
(a) a Sender makes a claim to YAMAPAY for a refund or other reversal, or
(b) YAMAPAY, in its sole discretion, believes that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law, these Terms of Service, or any applicable YAMAPAY, or YamaPay policies.
Buyer authorizes the charge or debit to Buyer’s Payment Instrument, by YAMAPAY as agent of the Seller, as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting or debiting, as applicable, to Buyer’s Payment Instrument, by YAMAPAY as agent of the Seller, in connection with chargebacks, reversals, refunds, or adjustments through the Service by a Seller.
We may limit or suspend your use of one or more Services at any time, in our sole and absolute discretion. If we suspend your use of a Service, we will attempt to notify you by electronic mail. Suspension of your use of a Service will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension or with respect to any non-terminated Services.
Certain YamaPay Pay features, such as YamaPay Pay with Virtual Account Numbers, are intended for use on mobile devices, Android or IOS operating systems, or other devices or operating systems approved by YamaPay, as provided to you directly by YamaPay or your mobile carrier. You are strictly prohibited from using such features on a mobile device or Android or IOS operating system, or other device or operating system approved by YamaPay, that has been modified or customized in any way. You bear sole responsibility for such unauthorized use of such features on a modified mobile device, Android or IOS operating system, or other device or operating system approved by YamaPay.
If you believe your YamaPay Payments Account has been opened or used in an unauthorized manner, please see our fraud protection process. Also, please see our Help Center for more information on how YAMAPAY protects you from fraud.
Please note that fraudulent P2P transactions may result in the loss of your money with no recourse.
6.3 Unclaimed Property
If YAMAPAY is holding funds due to you arising from a Payment Transaction processed using any service described herein, and YAMAPAY is unable to contact you and has no record of your use of the service for several years, Applicable Law may require YAMAPAY to report these funds as unclaimed property. If this occurs, YAMAPAY will try to locate you at the address shown in our records, but if YAMAPAY is unable to locate you, it may be required to deliver any such funds to the applicable state as unclaimed property. YAMAPAY reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by Applicable Law. YAMAPAY does not currently deduct a dormancy fee or other administrative charges from such unclaimed funds (see Exhibit A, Short Form Disclosure and Exhibit B, Long Form Disclosure).
6.4 YAMAPAY Not a Banking Institution, Issuer, or Processor
YAMAPAY is not a bank or other chartered depository institution. YAMAPAY is not an issuer of any Funding Account, Payment Instrument or other item stored as a Valuable, unless expressly stated otherwise. YAMAPAY is not an issuer of Play Gift Cards. With respect to transactions involving YamaPay Pay with Virtual Account Numbers, Linked Third-Party Accounts, or Third-Party Online Payments, all payment processing is handled solely by the merchant, and YAMAPAY is not involved in the merchant’s processing of the payment.
With respect to the Processing Service, YAMAPAY processes Payment Transactions through the Processing Service as an agent of and on behalf of Sellers. Funds held by YAMAPAY or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by the Federal Deposit Insurance Corporation or any other governmental agency.
These Terms of Service do not amend or otherwise modify your agreement with the issuer of your Funding Account or Payment Instrument or redeemable Save to YamaPay Pay Item, and you are responsible for ensuring your use of the Services complies with such agreements. You also are responsible for all charges and/or debits to your Funding Account or Payment Instrument resulting from purchases of Products or redemptions of items stored as Save to YamaPay Pay Items, in accordance with such agreements. In the event of any inconsistency between these Terms of Service and your agreement with the issuer of your Funding Account, Payment Instrument or redeemable Save to YamaPay Pay Item, these Terms of Service govern the relationship between you and YAMAPAY solely with respect to the Services, and your agreement with the issuer of your Funding Account, Payment Instrument or Save to YamaPay Pay Item governs the relationship between you and the issuer of such item. You acknowledge and agree that you are solely responsible for the Funding Account Payment Instrument or for Save to YamaPay Pay Items, and any other information you enter or otherwise store in YamaPay Pay. YAMAPAY is not responsible for the accuracy or availability of any information you enter or otherwise store with the Services, including, without limitation, whether such information is current and up-to-date.
6.5 Communication with Issuers
By electing to use YamaPay Pay, you authorize YAMAPAY, directly or through such Service, to communicate with the issuer of your Funding Account, Payment Instrument, or Save to YamaPay Pay Item, to provide or obtain any information required by that issuer. In providing this information, an issuer does not endorse and is not responsible for YamaPay Pay.
6.6 Third Party Providers
YAMAPAY may have arranged for third party providers to provide products or services to you through the Services (“Third Party Providers”). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use the Services, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through the Services, which may be updated from time to time. For avoidance of doubt, these Third Party Provider terms are between you and the applicable Third Party Provider, not YAMAPAY.
Some of the Services’ features may be supported by advertising revenue and may display advertisements and promotions. In consideration for YAMAPAY granting you access to and use of the Services, you agree that YAMAPAY may place such advertising. In addition, you may have the choice to opt-in to allowing information from the Services to be used by YAMAPAY and YamaPay, in order to present you with more relevant advertising, as well as more relevant items for you to store and/or redeem as Save to YamaPay Pay Items.
6.8 Third Party Fees
You are responsible for any fees charged by your telecommunications provider, Payment Instrument, or Save to YamaPay Pay issuer, merchant, or any other third party in connection with your use of the Services.
6.9 No Extension of Credit
YAMAPAY is not extending credit in connection with your use of the Services.
6.10 No Relationship with Issuer of Payment Instruments
Use of the Services is not approved by or offered in conjunction with the issuer of your Funding Account or Payment Instrument. Your Funding Account or Payment Instrument issuer may impose fees, transaction limits, or other limitations on transactions incurred using the Services.
6.11 Instruction Regarding Consumer Reports
You instruct and authorize YAMAPAY to obtain consumer reports about you, as the term “consumer reports” is defined under the Fair Credit Reporting Act, and to use the information contained in such consumer reports to evaluate your prospective or ongoing eligibility to use the Services, to detect and prevent fraud, and to create, evaluate, and modify YAMAPAY risk management and mitigation tools, and to otherwise improve YAMAPAY’s Services.
You understand and agree that personal information provided to YamaPay or YAMAPAY in connection with the Services is subject to the YamaPay Payments Privacy Notice: https://payments.YamaPay.com/files/privacy.html. By agreeing to these Terms of Service you hereby agree to the YamaPay Payments Privacy Notice, which may be updated by YamaPay or YAMAPAY from time to time. You understand and agree that, to the extent permitted by Applicable Law, any data you provide to YAMAPAY in connection with the Services may be shared with YamaPay and, conversely, any data you provide to YamaPay in connection with the Services may be shared with YAMAPAY.
8. Username and Password Information
You are responsible for:
(a) maintaining the confidentiality of your username and password,
(b) any and all transactions by persons that you give access to or that otherwise use such username or password, and
(c) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Services of which you have knowledge.
If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using the business’ username and password.
9. Electronic Communications
YAMAPAY and Third Party Providers may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. Pursuant to these Terms of Service, we will deliver such Communications to you in electronic form. Your agreement to these Terms of Service confirms your ability and consent to receive such Communications electronically, rather than in paper form.
9.1 Electronic delivery of communications
You agree and consent to receive electronically all Communications provided to you in connection with your YamaPay Payments Account and your use of the Services. Communications include:
(a) agreements and policies you must agree to in order to use the Services (e.g., these Terms of Service and the YamaPay Payments Privacy Notice), including updates to those agreements and policies;
(b) payment authorizations and transaction receipts or confirmations;
(c) account statements and history; and,
(d) all other communications or documents related to or about your account and your use of the Services.
Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
(a) posting them to your YamaPay Payments Account on the YamaPay Payments or YamaPay Pay website or in an associated mobile application, such as YamaPay Pay;
(b) posting them on or in a website or mobile application associated with YamaPay or the Services;
(c) sending them via electronic mail to the email address you used to create your YamaPay and YamaPay Payments Account registrations; or
(d) otherwise communicating them to you via the Services.
It is your responsibility to open and review Communications that we deliver to you through the methods described above. We may, but are not obligated to under these Terms of Service, provide you with notice of the availability of a Communication that is delivered in one of the methods described above (for example, by informing you of such Communication through a notification sent to your mobile device).
You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
9.2 Hardware and software requirements
In order to access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
(a) a computer or mobile device with Internet or mobile connectivity;
(b) a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
(c) the appropriate mobile application, in the case of Communications delivered through such application,
d) software capable of opening documents in PDF format;
(e) access to the valid email address you used to create your YamaPay and YamaPay Payments Account registrations; and,
(f) sufficient storage space to save past Communications or a printer to print them.
By giving your consent to these Terms of Service, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications referenced in these Terms of Services for your records.
9.3 Requesting additional copies and withdrawing consent
The following additional terms will apply to such electronic Communications:
(a) you may contact YAMAPAY or the Third Party Provider, as applicable, to request another electronic copy of the electronic Communication without a fee;
(b) you may request a paper copy of such electronic Communication within ninety days of the original Communication issuance date, and YAMAPAY or the Third Party Provider, as applicable, reserves the right to charge a fee to provide such paper copy;
(c) you may contact YamaPay to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications; and
(d) YAMAPAY or the Third Party Provider reserves the right to terminate your use of the Services and the associated Third Party Provider products and services if you decline or withdraw consent to receive electronic Communications.
You may contact YAMAPAY in relation to this Section 9 by logging in to your YamaPay Payments Account at payments.YamaPay.com, selecting the Help link, and then selecting Contact Us.
10. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of one or more Services for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time.
Upon termination of your use of the Services, you remain liable for all Payment Transactions, P2P Payments and any other obligations you have incurred under these Terms of Service. Upon termination, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors).
11. Responsibility for Taxes
The reporting and payment of any applicable taxes arising from the use of the Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Services, including without limitation, the reporting and payment of any taxes arising in connection with Payment Transactions made through the Services, or income received through P2P Payments.
12. No Endorsement of Products
YAMAPAY and YamaPay do not represent or endorse, and shall not be responsible for:
(a) the reliability or performance of any Seller, merchant or Third Party Provider;
(b) the safety, quality, accuracy, reliability, integrity or legality of any Product, Offer, Loyalty Program, or other items that may be stored and/or redeemed as Save to YamaPay Pay Items;
(c) the truth or accuracy of the description of any Product or Save to YamaPay Pay Item, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the Services, or the YamaPay Web Sites; or
(d) your ability to buy or redeem Products or Save to YamaPay Pay Items using the Services. YAMAPAY and YamaPay hereby disclaim any liability or responsibility for errors or omissions in any Content in the Services. YAMAPAY and YamaPay reserve the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms of Service.
You agree to indemnify, defend and hold harmless YAMAPAY, YamaPay, and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation, Partner Bank, Paymentech, L.P. and relevant Customers) (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
(a) your use of the Services;
(b) any breach or non-compliance by you of any term of these Terms of Service or any YAMAPAY Party policies;
(c) any dispute or litigation caused by your actions or omissions; or
(d) your negligence or violation or alleged violation of any Applicable Law or rights of a third party.
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YAMAPAY, YAMAPAY, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, “YAMAPAY PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH YAMAPAY PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE YAMAPAY PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE YAMAPAY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, P2P PAYMENTS OR THE SERVICES.
THE YAMAPAY PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT OR SAVE TO YAMAPAY PAY INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT OR SAVE TO YAMAPAY PAY ISSUER, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.
15. Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY YAMAPAY PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY YAMAPAY PARTY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE YAMAPAY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE YAMAPAY PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE EXCEED THE NET FEES YAMAPAY HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no YAMAPAY Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
16. Governing Law
These Terms of Service shall be governed by the laws of California, except for California’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In addition to the electronic communications authorized under the Section 9 entitled, “Electronic Communications”, statements, notices and other communications to you may be made by mail, email, postings on the YamaPay Web Sites or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the YamaPay Web Sites. Notice to YAMAPAY and YamaPay may be made by mail to: YamaPay Inc.
Attn: YamaPay Payments
101 Montgomery Street
San Francisco, CA 94043
18. Modification of Terms of Service
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of the Services or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 3.2, 3.9, 3.10, and 9 through 22.
21. English Language Controls
Any translation of these Terms of Service is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
22. Other Provisions
The failure of YAMAPAY or YamaPay to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service, including YAMAPAY’s or YamaPay policies governing the Services referenced herein, constitute the entire agreement between you and YAMAPAY with respect to the use of the Services. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and YAMAPAY, YamaPay, and other YAMAPAY affiliates which each shall be a third party beneficiary of these Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.
Exhibit A. YamaPay Balance Short Form Disclosures
|Monthly Fee $0||Per Purchase $0||ATM Withdrawal N/A|
|ATM Balance Inquiry (in-network or out-of-network)|
|Customer Service (automated or live agent)|
|Inactivity (after 12 months with no transactions)|
|We do not charge any other types of fees|
No overdraft/credit feature.
Your funds are not FDIC or NCUA insured.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
Find details and conditions for all fees and services in the YamaPay Balance Long Form Disclosures, below.
Exhibit B. YamaPay Balance Long Form Disclosures
List of all fees for YamaPay Balance Details
|YamaPay Payments Account setup||$0||No fee to set up a YamaPay Payments Account.|
|Monthly fee||$0||No monthly or other fee to hold YamaPay Balance in your YamaPay Payments Account.|
|Add money to your YamaPay Balance/add money|
|Transfer from your third-party funding account||$0||No fee to transfer funds from your registered credit card, debit card or ACH-enabled checking or savings account to your YamaPay Balance. The issuer of your registered credit card or debit card or the financial institution maintaining your registered ACH-enabled checking or savings account may charge a fee for this transfer.|
|Receive money through YamaPay Pay peer to peer payment||$0||No fee to receive funds from a YamaPay Pay peer to peer payment.|
|Receive money from YamaPay||$0||No fee to receive funds from a YamaPay entity, such as a credit issued to you in accordance with the terms of the YamaPay Balance Customer Service and Error Resolution Policy or as a courtesy by a YamaPay entity.|
|Other transfers||$0||No fee for any other transfers to your YamaPay Balance.|
|Transferring money from your YamaPay Balance/spend money|
|Transfer to your third-party funding account||$0||No fee to transfer funds from your YamaPay Balance to your registered credit card, debit card or ACH-enabled checking or savings account. The issuer of your registered credit card or debit card or the financial institution maintaining your registered ACH-enabled checking or savings account may charge a fee for this transfer.|
|Send money through YamaPay Pay peer to peer payment||$0||No fee to send funds through a YamaPay Pay peer to peer payment.|
|Online purchases||$0||No fee for online purchases.|
|Other withdrawals||$0||No fee for any other withdrawal from your YamaPay Balance.|
|ATM withdrawal (in network)||N/A||YamaPay Balance cannot be withdrawn at ATMs. YamaPay Payments Account setup|
|ATM withdrawal (out-of-network)||N/A||YamaPay Balance cannot be withdrawn at ATMs.|
|Customer service (chat)||$0||No fee for customer service via chat, including for balance inquiries.|
|Customer service (live agent)||$0||No fee for live agent customer service, including for balance inquiries.|
|Account statements||$0||No fee to access your account statements.|
|Inactivity||$0||There is no fee if you have not completed a YamaPay Balance transaction for 12 months.There is no dormancy fee or charge.|
Your funds are not FDIC or NCUA insured. Accordingly, should YamaPay Payments Corp. go bankrupt or otherwise become insolvent, you are not protected by FDIC or NCUA deposit insurance, and could lose some or all of your YamaPay Balance.
No overdraft/credit feature.
Contact YamaPay Inc. by calling 1-916-753-7432, by mail at 101 Montgomery Street, San Francisco, CA or visit www.YamaPay.com/wallet.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.