Mobile Wallet User General Terms & Conditions:By applying for a mobile wallet you acknowledge reading the User Terms & General conditions, the customer hereby accepts with no restrictions the terms of this agreement in this document. 1 IntroductionYou must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member or have any use of the PayToo Mobile Wallet. We strongly recommend that, as you read this Agreement, you also access and read the PayToo legal notice and the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a PayToo Mobile Wallet user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other PayToo Mobile Wallet websites and Services will be governed by the terms and conditions posted on those websites. 1.1 This agreement “you” or “your” means any person or entity using the service (“users”). PayToo Mobile Wallet Membership services, (the "Service"). Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" also include Visa- and MasterCard-branded debit cards. 2 EligibilityTo use the Service you must have a GSM Mobile service (PayToo Mobile SIM card or your own cell provider) and register for a PayToo Mobile Wallet account. Our Services are only available to individuals or businesses that can form legally-binding contracts under applicable law. Our Service is not available to persons who are suspended from our Service, or to persons who present an unacceptable level of fraud or credit risk. 2.1 The Legal Relationship between You and PayToo Mobile Wallet. 2.2 Agency Relationship. PayToo Mobile Wallet acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. PayToo Mobile Wallet will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) PayToo Mobile Wallet is not a bank and the Service is a payment processing service rather than a banking service, and (ii) PayToo Mobile Wallet is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. 2.3 PayToo Mobile Wallet is only a Payment Service Provider and SMS marketer. PayToo Mobile Wallet acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet and accessible via a mobile phone. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. 3 Identity AuthenticationWe use many techniques to identify our users when they register on our website. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize PayToo Mobile Wallet, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, PayToo Mobile Wallet cannot and does not guarantee any user's identity. 4 ReleaseIf you have a dispute with one or more users, you release PayToo Mobile Wallet (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. 5 No Warranty.WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PayToo Mobile Wallet shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and credit or debit cards or other funds transfers are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the banking system mobile telephone networks or internet. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or country to country. 6 Limitation of LiabilityIN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARE 100% NOT LIABLE. IN JURISDICTIONS WHERE IT IS NOT LEGAL TO PLACE A LIMIT ON LIABILITY, OUR LIABILITY WILL NOT EXCEED THE ACTUAL AMOUNT OF DIRECT DAMAGES. 6.1 Indemnification. You agree to indemnify and hold PayToo Mobile Wallet, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service. 6.2 Liability for Violations of the Acceptable Use Policy. If you engage in the following behavior, PayToo Mobile Wallet may fine you, as explained below. 6.3 Acceptable Use Policy
You and PayToo Mobile Wallet agree that the damages that PayToo Mobile Wallet will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then PayToo Mobile Wallet may fine you $1,000and/or PayToo Mobile Wallet may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $1,000is presently a reasonable minimum estimate of PayToo Mobile Wallet’s damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to PayToo Mobile Wallet that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that PayToo Mobile Wallet is entitled to deduct such fines directly from any existing balance in the offending account, or any other PayToo Mobile Wallet account owned by you. 7 Fees.All user fees are set forth in the Fee Schedule in the PayToo Mobile Wallet. Your account and all transactions are made and displayed in US Dollars or in EUR currency. Fees can be found in your debit card packaging or accessable on www.paytoomobile.com 8 Receiving Payments8.1 Credit Card / Debit Card Deposit. By accepting a credit card or Visa Debit Card Deposit, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a credit card-funded deposit made to your account, we will reverse the payment and debit your PayToo Mobile Wallet account balance to pay for the reversal. If there are insufficient funds in your PayToo Mobile Wallet balance, you agree to reimburse PayToo Mobile Wallet through other means. 8.2 Transfers from another user. If another PayToo Mobile Wallet user transfers funds from their PayToo Mobile Wallet account to yours, those funds are subject to reversal terms of 8.1if the original funds came from a Credit Card / Debit Card deposit. 9 Sending Payments and PIN security9.1 Sending Payments. PayToo Mobile Wallet users have a transaction limit of $2,500per day, with a maximum of $10,000per month for the total amount of transactions. This includes sending funds to other people with an PayToo Mobile phone as well as purchases make via the PayToo Mobile Wallet service and withdrawals. If you send funds to an registered mobile phone, and the user is not registered with PayToo Mobile Wallet, we will phone the user as invite them to register. If they do not register within a reasonable time period, we will transfer the funds back to you less a processing fee. 9.2 To validate your account, PayToo Mobile Wallet will phone you and at random. If the mobile phone you register at account setup is not available to receive this call, your account may be closed. 9.3 Refused Payments. When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with PayToo Mobile Wallet. The recipient is free to return payments or, in some cases, to use the PayToo Mobile Wallet systems to refuse payments that you have sent. Any payments sent through PayToo Mobile Wallet that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the first working day after the date of such denial, or (b) 30days after the date the payment is sent. 9.4 It is your responsibility to keep your PayToo Mobile Wallet 6digit secure code secure. This includes but is not limited to your requirement to delete any reference to the PIN which may save to your phone memory after a transaction. 9.5 Withdrawals. You can withdraw funds by direct deposit to the bank account you have on file with us. There is a withdrawal limit of $2,500per day. You may withdraw funds to an Official Banking Institution. 9.6 Loss and illegal use of your Mobile Phone. If you lose your mobile phone, or if it is stolen, you must phone the PayToo Mobile Wallet call centre as soon as possible to advise us of the loss. The PayToo Mobile Wallet operator will provide you a reference number. 10 Your Information and *Restricted Activities*10.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, shops or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information. 10.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not: 10.3 License. Solely to enable PayToo Mobile Wallet to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. PayToo Mobile Wallet will use and protect Your Information in accordance with our Privacy Policy. 10.4 Trademarks. PayToo Mobile Wallet, My PayToo Mobile Wallet, we make your money mobile and all related logos, products and services described in this website are either trademarks or registered trademarks of PayToo Mobile Wallet, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of PayToo Mobile Wallet. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayToo Mobile Wallet and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PayToo Mobile Wallet. Notwithstanding the above, HTML logos provided by PayToo Mobile Wallet through its Website Payments features may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos must not be altered, modified, or changed in any way, or used in a manner that is disparaging to PayToo Mobile Wallet or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by PayToo Mobile Wallet. PayToo Mobile Wallet is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 11 Privacy and SecurityWe do not sell or rent your personal information to third parties. We only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the Netherlands that are protected by physical as well as technological security devices. You should only log in to your PayToo Mobile Wallet account on a page which begins with https://www.paytoomobile.com/. All of our pages begin with the Web address https://www.paytoomobile.com/, https://www.paytoomobile.com/, or https://www.paytoomobile.com/ . Do not use any other site that does not begin with that Web address! We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.paytoomobile.com/. If you object to your information being used in alignment with this policy, please do not use our Services. 12 Termination or Closing Your Account.You can close your account at any time by phoning PayToo Mobile Wallet Customer Service. When an account closes, any pending transactions will be cancelled. Any funds that we are holding for you at the time of closure, less any applicable fees, within 30days will be paid to you as per your instructions, assuming all withdrawal-related authentication requirements have been fulfilled. You cannot use closure of your account as a means of evading investigation: if an investigation is pending at the time you close your account, PayToo Mobile Wallet may continue to hold your funds for up to 180days as appropriate to protect PayToo Mobile Wallet against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, PayToo Mobile Wallet will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding the escheat (handing over) of unclaimed property. 13 Remedies and PayToo Mobile Wallet's Right to Collect From YouWithout limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if: 14 Assignment of Mobile WalletYou cannot transfer any rights or obligations you may have under this Agreement without the prior written consent of PayToo Mobile Wallet. PayToo Mobile Wallet reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent. 15 Legal ComplianceYou shall comply with all applicable Australian and other international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. 16 Notices16.1 Electronic Communications. You agree that this Agreement constitutes "writing signed by you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from PayToo Mobile Wallet in electronic form. Electronic Communications may be posted on the pages within the PayToo Mobile Wallet website and/or delivered to your email address. You can print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) working days after posting or dissemination, whether or not you have received or retrieved the Communication. PayToo Mobile Wallet reserves the right to provide Communications in paper format, but assumes no obligation to do so. 16.2 Credit Report. You agree that PayToo Mobile Wallet can order and review your credit report with the sole purpose of assessing your fitness to hold a PayToo Mobile Wallet account and/or your ability to use the Service or features thereof. 16.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to PayToo Mobile Wallet (PayMotech Corp Panama), Attn: Legal Department, Paymotech First Floor-Commercial Area Calle 53, Marbella Panama City P.O. BOX 0832-0588Republic of Panama, in the case of PayToo Mobile Wallet, or to our online message centre or the email address you provide to PayToo Mobile Wallet during the registration process (in your case). Notice shall be deemed as given 24hours after response or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to PayToo Mobile Wallet during the registration process. In such case, notice shall be deemed given 3days after the date of mailing. 17 Legal DisputesIf a dispute arises between you and PayToo Mobile Wallet, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PayToo Mobile Wallet agree that any controversy or claim at law or equity that arises out of this Agreement or PayToo Mobile Wallet's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by you and PayToo Mobile Wallet. Before resorting to these alternatives, PayToo Mobile Wallet strongly encourages users first to contact PayToo Mobile Wallet directly to seek a resolution. PayToo Mobile Wallet will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 17.1Arbitration.For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, you or PayToo Mobile Wallet may elect to resolve the dispute through binding arbitration conducted by telephone, online, and/or based solely upon written submissions where no in-person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 17.2 Court. Alternatively, a court of competent jurisdiction located in Panama City, Panama may adjudicate any claim. You and PayToo Mobile Wallet agree to submit to the personal jurisdiction of the courts located within the Law of Panama. 17.3 Alternative Dispute Resolution. PayToo Mobile Wallet will consider use of other alternative forms of dispute resolution, such as binding arbitration or another location mutually agreed upon by the parties. 17.4 Violations of Section 15. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party who is first to assert a Claim, either through starting a court case or by starting arbitration. Should either party file an action contrary to this Section 17, the other party may recover legal fees and costs up to $1,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 18 GeneralThis Agreement is governed by and interpreted under the laws of Panama as such laws are applied to agreements entered into and to be performed entirely within Panama-by-Panama residents. Notwithstanding the previous sentence, applicable Panama law, and all of its rules and procedures, shall govern Section 16of this Agreement. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by PayToo Mobile Wallet, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates detail the entire understanding between us concerning its subject matter. Sections (7) Fees, (4) Release, (6) Limitation of Liability, and (17) Legal Disputes shall survive any termination or expiry of this Agreement. 19 DisclosuresThe Services are offered by PayToo Mobile Wallet (PaymoTech Corp Panama), Paymotech First Floor-Commercial Area Calle 53, Marbella Panama City P.O. BOX 0832-0588 Republic of Panama. You can have this agreement emailed to you by sending a letter to the address above with your email address and a request for this information.Disputes between you and PayToo Mobile Wallet about our Services can be reported to Customer Support online at any time. |
Security & Regulations
Media
Paytoo Prepaid MasterCard Card is issued by Choice Bank Ltd pursuant to license by MasterCard International Incorporated. MasterCard is a registered trademark of MasterCard International Incorporated. Transaction fees, terms and conditions apply. All trademarks, service marks and registered marks are the properties of their respective owners.
