Terms of Service
Last Updated August 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE THROUGH THE USE OF AN ELECTRONIC SIGNATURE PROCESS TO ACCEPT AND SIGN THESE TERMS OF SERVICE (SUCH AS YOUR INDICATION OF ACCEPTANCE OF THESE TERMS BY A CLICK-THROUGH OR CLICK-WRAP PROCESS PRESENTED ON OUR APP OR WEBSITE), AS WELL AS BY YOUR USE OF OUR SERVICES ONLINE OR AT A PHYSICAL LOCATION.
THESE TERMS OF SERVICE GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, INCLUDING THAT WE MUST ARBITRATE CERTAIN CLAIMS THROUGH BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION WHEN YOU SIGN UP OR AGREE TO THESE TERMS OF SERVICE. UNLESS YOU OPT OUT, YOU WILL ONLY BE PERMITTED TO BRING CLAIMS AGAINST US AND SEEK RELIEF ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
SUMMARY OF TERMS OF SERVICE
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our Services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our Services work. If there is any conflict between this summary and the complete Terms of Service, then the complete Terms of Service will control.
Our Services provide users with a digital platform to make fast payments and remittances around the world using digital assets. Our Services may also provide users with the ability to purchase, trade, or exchange digital assets through LibertyPay’s digital platform, directly or with the intermediation of a licensed affiliate or partner.
Conditions of Services
Our Services may be offered through mobile apps, websites, or at physical locations. LibertyPay reserves the right to change Services without notice. LibertyPay and its affiliates, partners, and agents may refuse to provide Services to any person at any time. We reserve the right to decline or cancel any order or transaction at any time.
Cost of Transactions
Each payment, purchase, or remittance transaction is subject to fees and exchange rate costs related to the conversion of one digital asset into another, whatever their unit of account or standard of representation. All fees, rates, and costs are set and revised by LibertyPay according to its sole discretion and are explicitly disclosed to You by LibertyPay, its affiliates, partners, or agents before each transaction.
No Cancellation after Confirmation
LIBERTYPAY RELIES ON THE INFORMATION YOU PROVIDE US TO SEND AND COMPLETE PAYMENTS, PURCHASES OR REMITTANCE TRANSACTIONS. PLEASE REVIEW ALL TRANSACTION DETAILS FOR ACCURACY BEFORE CONFIRMING EACH TRANSACTION. YOU WILL NOT BE ABLE TO CANCEL A TRANSACTION AFTER YOU CONFIRM IT.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use our Services. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of our Services. Additionally, there are certain things you cannot do when using our Services, such as engage in illegal or criminal activities, or do anything that would cause damage to our Services or systems.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us if you have any questions by emailing us at: [email protected].
COMPLETE TERMS OF SERVICE
These Terms of Service, the terms or instructions appearing on a screen when enrolling for, activating, accessing, or using our Services, either remotely on in person, and any terms expressly incorporated herein (“Terms“) apply to your access to and use of the mobile apps, websites, machines, and retail store services provided by LibertyPay, its affiliates, partners, or agents.
“Agent” means independent retail locations that we have registered as our money transmission agents, following the legal requirements and procedures determined by the applicable laws in each jurisdiction.
“Services” refers to the digital platform and institutions operated and controlled by Us, under a closed-loop, limited-purpose payment scheme, to facilitate payments and remittances with or the purchase of digital assets.
"Transaction" means a transaction initiated through our Services to:
· make payments or remittances across borders;
· receive a transfer of funds from a User;
· send a request to a User asking the User to transfer funds using our Services; and/or
· purchase digital assets.
“User” means a person who is any one or more of the following:
· an individual, business, or entity that enrolls with LibertyPay;
· an enrolled individual, business, or entity that uses our Services;
· an individual, business, or entity that is not yet enrolled with LibertyPay, but with whom you attempt to initiate a Transaction (the “Designated Recipient”); or
· an individual, business, or entity that accepts to receive a Transaction initiated by You.
“We,” “Us,” “Our,” and “LibertyPay” means Tiagn I, Inc. and any of its affiliates or subsidiaries involved in the provision of the Services.
"You" and “Your” means any person or business that uses or intends to use our Services online, remotely, or at a physical location.
Scope of Services
Funds transferred to LibertyPay or added to a LibertyPay account balance cannot be used for any purpose other than accessing, purchasing, or utilizing LibertyPay Services. Subject to applicable law and these Terms, you may use our Services to engage in transactions with other individuals or businesses who are LibertyPay Users. You understand and acknowledge that LibertyPay operates a closed-loop, limited-purpose payment scheme and does not provide checking, deposit, or savings accounts or other national or international banking services. We only offer our Services in the states and jurisdictions in which we are licensed or in the states and jurisdictions that do not currently require us to be licensed to provide our Services.
Availability and Restrictions
Services’ availability depends on certain factors including the Service selected, the selection of instant or delayed delivery options, special terms applicable to each Service, destination country, currency availability, regulatory issues, consumer protection issues, identification requirements, delivery restrictions, business and bank working hours, and differences in time zones (collectively, "Restrictions").
Transactions: (i) that exceed certain amounts; (ii) to certain destinations; (iii) that implicate certain regulatory issues or consumer protection issues; (iv) funded or paid for with Payment Methods that are not instant, including but not limited to bank wires and checks; or (v) sent through delayed options, as chosen by You, may take longer, be subject to limits, or be subject to additional costs. Any transaction may be reported to applicable authorities and regulators.
We may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions including, without limitation, Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country (“Restricted Locations“).
If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and legally existing under the applicable laws of the jurisdiction of its organization, and that the legal entity is not registered in a Restricted Location; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are over the age of eighteen and of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified on any sanctions list, including but not limited to the Specially Designated Nationals and Blocked Persons List (“SDN List”) administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control; (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
By using our Services, you agree that you are enrolling as a User of LibertyPay and authorize Us to maintain and use, subject to applicable law, all the personal and institutional data and information provided by You to perform our Services, including, but not limited to, identification information and transactional history.
During enrollment, besides the basic information required by the applicable law, rules and regulations, We may ask you to provide additional information, including, but not limited to, an email address and a mobile phone number that you intend to use regularly. We reserve the right to cancel any enrollment that does not meet the requirements set out in these Terms at any time without prior notice.
If at any time while you are enrolled, you do not make any transactions using our Services for a period of 12 consecutive months, we may contact you and/or take other steps to confirm that the information you provided during enrollment is still accurate. If we are unable to confirm any enrollment information, we may cancel your enrollment and you will not be able to use our Services until you properly enroll again.
Consent for Collection of Biometric and Browsing Information
As a part of using the Service, your facial image may be collected, stored, disclosed, and used by us to enable enrollment in the Service, verify identities, and comply with our obligations under law. By submitting, uploading, publishing, displaying, or otherwise providing your facial image through the Services, you consent to the collection and use of such biometric information by LibertyPay and our affiliates and partners. Unless we indicate otherwise, you hereby grant LibertyPay and its affiliates and partners an unrestricted, nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, and fully sub licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your facial image, and any information derived therefrom, in making the Services available to you, for our internal business purposes and for creating, disclosing, and using for any purposes aggregated and/or anonymized data.
You also authorize Us to collect certain information from your mobile device or internet browser used to access our Services, including, but not limited to, Internet Protocol (IP) address and geolocation. We may use this information to perform our Services, prevent and detect security incidents, fraud, and prohibited or illegal activities, conduct internal research to improve our Services, and for legal or compliance purposes.
Use of Information
You agree that we may obtain such additional information as we deem reasonably necessary to ensure that you are not using our Services in violation of law or regulation, including, but not limited to, laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
You understand that to complete transactions through our Services, it may be necessary for us to communicate and share information and data with other persons or institutions, including Users to whom you send transactions, financial institutions, regulators, credit bureaus, or any other intermediary or service that is used for the purpose of facilitating or processing your Transaction.
We will maintain audit logs that track your access, view, and use of data in connection with your use of our Services. These audit logs may include, but are not limited to, detailed information about your interactions, transactions, and communications with Us, our affiliates, partners, or agents.
Conditions and Restrictions
We may, at any time and in our sole discretion, refuse any requested payment, purchase, or remittance transaction submitted via the Services, impose limits on transactions’ amount permitted via the Services, or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the aggregate number or value of transactions that you may establish via the Services or we may restrict transactions from certain locations.
Accuracy of Information
You must provide any information required when prompted by any agent providing our Services or any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. If any information you provide is untrue, inaccurate, or incomplete, without limiting other remedies, We reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the untrue, inaccurate, or incomplete information.
Authorization to Execute Transaction
Every time you submit a new payment, purchase, or remittance transaction order via the Services, you authorize Us to execute a Transaction on your behalf in accordance with such order and charge you any applicable fees, rates, and costs (as described below). Even if we have to perform any action in our own name to properly complete a Transaction, we will always be acting on your account and according to your order.
Authorization to Receive and Send Messages
By using our Services, you represent and warrant to us that you are the owner or mobile subscriber of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner or mobile subscriber of such email address, mobile phone number, and/or other enrolled alias. You consent to the receipt of emails or text messages regarding our Services from us, our affiliates, partners, and agents, or from other Users.
Each time you initiate a payment or remittance transaction using our Services, you are also authorizing and instructing Us to send emails and messages to the Designated Recipient concerning the Transaction. You agree that these emails and messages are sent on your behalf. These emails and messages may identify you by name, address, mobile phone number, and/or email address, and may state that we are sending them on your behalf and according to your instructions. You represent and warrant to us that for each person you instruct us to send emails and messages, you have received permission from that person for us to do so.
You are responsible for any fees or other charges that your internet provider, email services provider, and wireless carrier may charge for any related data, text or other message services.
Nature of relationship
You acknowledge and agree that no communication or information provided to You by LibertyPay shall be considered or construed as advice, recommendation, or solicitation of any kind or nature, such as legal, tax, or investment related.
Quote before Confirmation
Prior to confirming your payment, remittance, or purchase Transaction, we will provide notice, as applicable, of the amount you intend to transfer, the amount of applicable fees, rates, and costs, the amount of assets purchased, and the amount the Designated Recipient will receive, according to the details you provided in the order for each Transaction. You agree to comply with any terms and conditions provided within such notice when You confirm each Transaction.
No Cancellation after Confirmation
Subject to applicable law, once You confirm a payment, purchase, or remittance Transaction through any acceptable means in our mobile apps, websites, or physical locations, You understand and acknowledge that You will not be able to cancel the Transaction or otherwise receive any type of return or refund. All confirmed transactions are final. We do not provide returns or refunds, except as otherwise provided in these Terms.
Once We execute your payment, purchase, or remittance transaction, a receipt will be electronically made available via our Services detailing the particulars of the transaction. You acknowledge and agree that the delay or failure of the Services to provide such receipt shall not prejudice or invalidate the terms of such transaction.
In the event of an internal error of our Services, we reserve the right to correct such error and revise your payment, purchase, or remittance transaction accordingly (including charging the correct price) or to cancel the transaction and refund any amount received.
Unauthorized access and use
You understand and acknowledge that You are responsible for any unauthorized transaction that results from the loss or misuse of any password, PIN, or other credential you may need to access our Services or confirm Transactions. It is Your responsibility to keep safe and secure any credentials we provide to you or require from you for accessing and using our Services.
If you suspect your credentials are stolen, lost, used without authorization or otherwise compromised, you are advised to immediately change your credentials and contact our Customer Support to get your credentials reset, suspended, or canceled.
Only valid payment methods specified by us may be used to complete payment, purchase, or remittance transactions. By placing an order for a transaction, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our affiliates, partners, and agents, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid, or is otherwise not acceptable or available, your transaction may be suspended or canceled automatically. You agree to resolve any problems we encounter to proceed with your transaction order. No transaction will be completed before We receive the full payment amount owed by You as a result of placing an order with us.
The Designated Recipient will receive funds sent by You at the Expected Payout Method. Expected Payout Method means any available option in the destination country You identify when initiating a cross-border payment or remittance Transaction. The Designated Recipient will usually receive funds sent by You via bank transfer. The Designated Recipient may be able to elect a payout method that differs from the payout method You specify. You authorize us to honor the Designated Recipient’s election of payout method. Designated Recipients who elect a different payout method than You did may incur additional fees to access funds.
Special Terms for Bank Transfer as Payout Method
Where available, LibertyPay may allow You to select bank transfer as Payout Method so that the Designated Recipient can receive funds transferred by You in a bank account or a similar account owned by the Designated Recipient ("Account"). The Account provider may impose additional fees on the Designated Recipient for receiving the funds into an Account. Unless required by applicable law, LibertyPay accepts no responsibility to You nor to any Account holder, for any fees imposed by the Account provider. If the currency You select to send to an Account is not the currency in which the Account is denominated, the Account provider may convert the funds at its own exchange rate or reject the transfer. Designated Recipient's agreement with the Account provider governs Designated Recipient’s rights, liabilities, fees, and costs and the Account provider may impose its own restrictions regarding funds availability, limits that may be transferred to or held in Accounts, hours of operations, holidays, and other limitations. LibertyPay is not responsible for Designated Recipient’s Accounts that are closed, frozen, or otherwise disrupted. Neither LibertyPay nor its affiliates, partners, or agents endorse or recommend the services of any Account provider. IMPORTANT NOTICE FOR USERS CHOOSING BANK TRANSFER AS PAYOUT METHOD: PLEASE MAKE SURE THE ACCOUNT NUMBER, ACCOUNT PROVIDER DETAILS, AND CURRENCY SELECTED ARE CORRECT BEFORE CONFIRMING EACH TRANSACTION. IF THE ACCOUNT NUMBER OR ACCOUNT PROVIDER DETAILS ARE INCORRECT, FUNDS MAY BE SENT TO THE WRONG ACCOUNT AND WILL NOT BE RECOVERED OR REFUNDED BY LIBERTYPAY, ITS AFFILIATES, PARTNERS, OR AGENTS.
Payouts will generally be made in the national currency of the Expected Payout Method. In some countries, You may designate a payout currency other than the local currency. However, the alternate currency You choose may not be available for all Expected Payout Methods. LibertyPay is not responsible for the exchange rate that will be applied if the Designated Recipient chooses to receive a currency other than the currency You selected.
Timing of Transactions
You acknowledge and agree that Transactions processed through our Services will typically be completed in minutes, but under certain circumstances your transaction may take longer to complete. For example, We may need additional time to confirm that We received the funds You transferred to Us using a Payout Method that does not settle instantly; to verify information related to You or another User; to prevent fraud or comply with regulatory requirements.
We do not make any representation or warranty that any Transaction can be completed, or that it will be completed within a particular period of time. Any estimate we may provide concerning the completion time for the Transaction is only an estimate and is not binding on Us. You understand and agree that We have no control over the actions of other Users, Designated Recipients, financial institutions (including User’s and Designated Recipients’ Financial Institutions) or other intermediaries, whose actions may prevent a Transaction from being completed or may delay its completion.
Cost of Transactions
You agree to pay LibertyPay the fees, rates, and costs for completing each payment, purchase, or remittance transaction via our Services as made available online, in-person, or in-store. Transactions will be created at the prevailing exchange rate on LibertyPay’s mobile app, website or physical location and will include fees listed in our mobile app, on our website, and at our agents’ stores. The exchange rate (as set by us), transfer fees, store fees, and other administrative fees (as set by us) may be changed without notice. Exchange rates and their related costs will fluctuate due to changing macroeconomic conditions and digital assets and foreign exchange volatility.
Payment of Fees, Rates, and Costs
You authorize Us, our agents, or our designated payment processor, to charge or deduct your Funds for any applicable fees, rates, and costs owed in connection with any payment, purchase, or remittance transaction you complete via the Services.
Additional Costs in Specific Jurisdictions
Certain countries and/or jurisdictions may impose a tax, fee, tariff, and other government charges and obligations on the Designated Recipient’s receipt of, or access to, transferred funds. If applicable, these additional costs will be deducted from the amount transferred by You for any payment, purchase, or remittance transaction.
Taxes, Tariffs, and Other Government Charges and Obligations
It is your responsibility to determine what, if any, taxes, tariffs, and other government charges and obligations apply to the transactions you complete via the Services, and it is your responsibility to report and remit the correct amount to the appropriate government authorities. You agree that, subject to applicable law, LibertyPay is not responsible for determining whether taxes, tariffs, or other government charges and obligations apply to your transactions or for collecting, reporting, withholding, or remitting any taxes, tariffs, or other government charges arising from any transaction.
Refunds of Incomplete Transactions
Subject to applicable law, You will be entitled to a refund if LibertyPay does not, after receiving your funds, complete the payment, purchase, or remittance transaction as instructed by You or does not otherwise forward the money received from You to the Designated Recipient within 10 days of the date of its receipt.
Subject to applicable law, You will also be entitled to a refund if the Designated Recipient rejects Your funds from a payment or remittance transaction. In this instance, LibertyPay may charge You a fee to refund the net amount back to You, excluding all the amounts paid for tax, fees and/or tariffs related to the original and to the returned transactions.
The following provision applies only to transactions from California: RIGHT TO REFUND: “You, the customer are entitled to a refund of the money to be transmitted as the result of this agreement if LibertyPay does not forward the money received from You within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by You within 10 days of the date of the receipt of the funds from You unless otherwise instructed by You. If Your instructions as to when the money shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted You have a right to a refund of Your money. If You want a refund, you must mail or deliver Your written request to LibertyPay at 1221 Brickell Avenue, Suite 900, Miami, FL, 33131. If You do not receive Your refund, You may be entitled to Your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.”
Administration Charge on Unclaimed Refunds
Any refunds resulting from an incomplete payment, purchase, or remittance transaction must be picked up by You within one year after We notify You about the refund availability. Any amount that is not picked up by You within this time frame of one year will be assessed a non-refundable administration charge of up to fifty cents per month from the send date, not to exceed forty-two dollars, which will be deducted from the amount sent (or where such charge exceeds the maximum amount permitted by law, the maximum amount permitted by law).
When accessing or using the Services, You agree that You will not violate any law, contract, intellectual property or other third-party right, that You will not commit a tort, and that You are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that You will not:
· Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
· Use our Services to pay for, support, or otherwise engage in any illegal gambling activities; fraud; money-laundering; terrorist activities; or other criminal or illegal activities;
· Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;
· Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
· Develop any third-party applications that interact with our Services without our prior written consent;
· Provide false, inaccurate, or misleading information;
· Encourage or induce any third party to engage in any of the activities prohibited under this Section;
· Use our Services to make payment, purchase, or remittance transactions on behalf of individuals or entities other than yourself or the entities you have the authority to represent; or
· Attempt to circumvent system limits by creating multiple accounts or enlisting others on your behalf.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding LibertyPay or our Services that you provide, whether by email, posting through our Services, or otherwise (“Feedback“). Any Feedback you submit is non-confidential and shall become the sole property of LibertyPay. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). You grant us the right, and hereby consent, to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We may remove any posting you make on our mobile app or website if, in our sole discretion, your post does not comply with the content standards set out in these Terms.
Copyrights and Other Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our mobile app, website, and physical locations or provided in connection with the Services, including, without limitation, the LibertyPay logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “LibertyPay Materials“) are the our proprietary property or our licensors or suppliers and are protected by U.S. and international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive, revocable, and non-sublicensable license to access and use the LibertyPay Materials for the sole purpose of accessing and utilizing the Service as contemplated herein. Such license is subject to these Terms and does not permit (a) any resale of the LibertyPay Materials; (b) the distribution, public performance, or public display of any LibertyPay Materials; (c) modifying or otherwise making any derivative uses of the LibertyPay Materials or any portion thereof; or (d) any use of the LibertyPay Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
“LibertyPay,” the LibertyPay logo, and any other LibertyPay product or service names, logos, or slogans that may appear on our Services are our trademarks, in the United States and in other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any of our trademarks, products, or services without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of LibertyPay and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content“). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
In the event of any force majeure event, breach of these Terms of Service, or any other event that would make provision of the Services commercially unreasonable for LibertyPay, we may, in our sole discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice without liability to you, including, without limitation, in the event that you breach any term of these Terms. In the event of termination, LibertyPay will attempt to return any excess Funds not otherwise owed to LibertyPay, unless LibertyPay determines in its sole discretion you may have committed fraud, negligence, or other misconduct.
Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT, OR OTHER DISASTERS, INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in these Terms may not apply to you.
Limitation of Liability: General Rule
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL LIBERTYPAY, OUR DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE LIBERTYPAY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LIBERTYPAY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LIBERTYPAY’S RECORDS, PROGRAMS, OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of these Terms may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIBERTYPAY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER RIGHT OR OBLIGATION UNDER THESE TERMS EXCEED THE FEES PAID BY YOU TO US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
Limitation of Liability: External Causes
LibertyPay shall have no responsibility for or liability to You or the Designated Recipient or any other person whatsoever for any diminution in the value of funds due to taxes, depreciation, or devaluation, or for the unavailability of such funds due to restrictions on convertibility, requisitions, involuntary transfers, distraints of any character, exercise of governmental or military powers, wars, strikes or other causes beyond LibertyPay's control.
You agree to defend, indemnify, and hold harmless LibertyPay (and each of our officers, directors, members, employees, agents, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person, business, or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
The laws of the State of Georgia and the Federal Arbitration Act will govern all disputes arising out of or relating to the Services and the Terms of Service, regardless of conflict of laws rules.
Except as provided below, any dispute, claim, or controversy arising out of or relating in any way to the Services, these Terms of Service, or any aspect of our relationship (a “Claim”) will be determined by binding arbitration instead of in courts. “Claim” does not include any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents (“Excluded Claims”).
Each party waives (as permitted by applicable law) any right to a trial by jury of any Claim. If and to the extent this agreement to arbitration does not apply to any Claim, such as with respect to an Excluded Claim, that Claim will be tried before a judge sitting without a jury.
Each of us may bring Claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and LibertyPay agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one Claim, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only as necessary to provide relief required by that party’s individual Claim(s). Any relief awarded cannot affect other LibertyPay users. If a court decides that applicable law prohibits enforcement of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any Claim, then that Claim (and only that Claim) must be severed from the arbitration and resolved in court after all arbitrable Claims have been resolved, subject to your and LibertyPay’s right to appeal the court’s decision not to enforce this paragraph’s prohibitions. All other Claims other than Excluded Claims will be arbitrated.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to the interpretation or enforceability of this class action waiver will be resolved by a court of competent jurisdiction. Other than issues related to the class action waiver, the arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, any part of it, or of the Terms of Service.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Service. The AAA’s Supplementary Rules for Class Arbitrations will not apply. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA’s rules will also govern payment of all filing, administration, and arbitrator fees.
If you elect to seek arbitration, you must first send LibertyPay a written notice of your Claim. The notice should be to: [email protected]. The notice must (a) describe the nature and basis of the Claim and (b) set forth the specific amount of damages or other relief sought.
You and LibertyPay agree that good faith efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and LibertyPay therefore agree that, after a notice of a Claim is sent but before either you or LibertyPay commence arbitration against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the notice is received, you or LibertyPay may commence an arbitration proceeding by filing a demand for arbitration through the procedures described above. These Terms of Service bind the arbitrator. A form for starting arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.
The arbitration will take place in the county in which you reside or at another agreed location. If the value of the relief sought is $10,000 or less, you or LibertyPay may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you, LibertyPay, or both may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substantive merit of all Claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all Claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different LibertyPay’s users, but is bound by rulings in prior arbitrations involving the same LibertyPay user to the extent required by law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction.
Except for the waiver on class actions, if an arbitrator or court decides that any part of this section is invalid or unenforceable, the other parts of this section shall still apply. If an arbitrator or court determines that the class action waiver is unenforceable, then this entire arbitration agreement will be unenforceable, subject to your and LibertyPay’s right to appeal the decision not to enforce the class action waiver.
If you are a new user of our Services, you can choose to reject the agreement to arbitrate in these Terms of Service by notifying us you opt out. You must send us notice that you intend to opt out of this agreement to arbitrate no later than 30 days after the date you accept the Terms of Service containing this opt out procedure for the first time. You must send your notice to: [email protected].
If more than 500 claimants file materially identical arbitration claims against LibertyPay with the AAA, the arbitration agreement described above will immediately terminate and all parties must resolve their Claims in the state courts in Atlanta, Georgia or in the United States District Court for the Northern District of Georgia.
Entire Agreement; Order of Precedence
These Terms contain the entire agreement of the parties and supersede all prior and contemporaneous understandings between the parties regarding the Services. Other than the agreement to arbitrate, these Terms do not alter the terms or conditions of any other electronic or written agreement you may have with LibertyPay for the Services or for any other LibertyPay product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with LibertyPay, these Terms will control.
The English language version of these Terms of Services controls if there is any inconsistency between the English and the non-English language versions.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, by providing notice on the homepage of the Site, by posting the amended Terms via the applicable LibertyPay mobile apps and websites and updating the “Last Updated” date at the top of these Terms, or by some or all of these methods for providing notice to you. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after LibertyPay provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any provision, part, or section of these Terms shall not affect the validity or enforceability of any other provision, part, or section of these Terms, all of which shall remain in full force and effect.
Force Majeure Events
LibertyPay shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond LibertyPay’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, pandemic, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, equipment or software malfunction, or any other cause beyond LibertyPay’s reasonable control (each, a “Force Majeure Event“).
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from LibertyPay, including by operation of law or in connection with any change of control. LibertyPay may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.