Terms Of Use

PaymentOne Corporation (“PaymentOne,” “we,” or “us”) has developed the following terms of use (“Terms”) that govern your use, whether directly or through a third-party site, of the PaymentOne services allowing you to make payments to participating merchants using your mobile phone (the “Services”). By using this Web site (this “Site”), the Services, and any service, application, plug-in, component, functionality, or program created by PaymentOne, you are agreeing to the Terms. Please read them carefully before using this Site or the Services. You must be at least 13 years old to use the Services. If you are 13 years or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions and that your parent or guardian consents to your use of the Services under these terms and conditions. Should you have any questions concerning the Terms, please contact us at support@paymentone.com.

Representations

You represent that (i) you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms; (ii) you will comply with all laws, rules, and regulations, any mobile service provider requirements, and the requirements of your authorized payment provider applicable to your use of the Services; (ii) there is no law or restriction barring you from using the Services; (iii) you own and/or are authorized to use the mobile phone and mobile number in conjunction with the Services; and (iv) you are solely responsible for use of your mobile phone with the Services and for use of and access to your PaymentOne account.

Purchase Transactions and Payment Processing

When you use the Services, you are authorizing the participating merchant to process your payment and complete the transaction. After completing a transaction with the Services, the charge is posted to your mobile phone bill for payment. When you pay your mobile phone bill, you must then pay the PaymentOne charges that are listed with your standard voice and data mobile phone charges. Payment of the PaymentOne charges to your mobile service provider extinguishes your liability to PaymentOne and the merchant for your purchases.

By agreeing to these Terms, you consent to receive SMS text messages from us. You acknowledge and agree that: (i) the Services utilize SMS transmissions which may result in additional wireless charges from your mobile service provider and that you are solely responsible for such charges; (ii) transactions initiated by you through the Services are noncancelable and may not be refunded through the Services; (iii) you are solely liable for use of and access to your PaymentOne account and for use and access to the Services from your mobile phone, and PaymentOne shall have no liability to you or any third party for any unauthorized use or access of your account or use or access of the Services through your mobile phone; (iv) the charges for purchases made by you using the Services will be reflected in your mobile phone bill and/or payment provider bill (e.g., credit card bill), as applicable, and you are solely responsible for such charges and for any taxes (including but not limited to use taxes), duties, currency exchange fees, data charges, and related charges to such transactions; (v) PaymentOne, a mobile service provider, its payment transaction processor, or a participating merchant shall not have any liability to you if it determines not to accept a transaction you initiate through the Services; and (vi) PaymentOne does not have control of or liability for the products or services or the delivery of the products or services to you and shall not have any liability to you for any actions taken or charges applied by a mobile service provider or a participating merchant with respect to, or for failure of delivery of, the products or services. You acknowledge and agree that certain features of the Services may include advertisements and that such advertisements are a necessary part of the Services. The Services, including all such materials and all intellectual property rights therein, remain the property of PaymentOne or our licensors or suppliers.  PaymentOne, at our discretion, may set limits on the amount of monthly transactions a user can spend through the Services and there may also be limits imposed by your mobile service provider.

You can inspect your transaction history at any time by registering on this Site and logging in to your account. It is very important that you immediately notify PaymentOne if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction sent from your mobile phone number, (ii) there has been unauthorized access to your account, or (iii) your Site password or mobile phone personal PIN has been compromised. If your mobile phone has been lost, stolen, or deactivated, you must contact and notify your mobile service provider immediately.

If we discover a processing error resulting in your receiving less money than you were entitled to, your mobile service provider will credit you for the difference. If the error results in your receiving more money than you were entitled to, your mobile service provider may debit the extra funds from you.

Termination of Service

PaymentOne reserves the right to terminate without notice your password, account, or use of the Services and delete any data within PaymentOne, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to PaymentOne at any time. Upon termination by PaymentOne or at your direction, you may request a file of your data, which PaymentOne will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, any data you have stored on PaymentOne’s systems may not be retrieved and PaymentOne shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

We provide the Services for your personal use. As a consumer user, you are not required to register for a PaymentOne account in order to use the Services. However, PaymentOne provides users with the ability to view transaction history for the Services by registering on this Site. To use this Site and the Services, the user must be in full compliance with the Terms, including (i) the user must provide complete, true, current, and accurate information as prompted during the registration or payment process; (ii) if the user registers a PaymentOne account, the user must keep current, accurate, and complete all information contained within the account for so long as the account remains active; (iii) the user expressly consents and authorizes PaymentOne to exercise all reasonable and lawful measures to verify the information provided by the user upon completion of the registration or payment process and on an ongoing basis for so long as the account remains active; (iv) the user shall not use any merchant information for any purpose other than for transacting for the goods or services, including communicating with merchants for such purposes; (v) the user shall not defraud merchants, other users, or PaymentOne, or act in bad faith, and if the user is determined to be acting outside reasonable Site or Services standards, PaymentOne may, at its sole discretion, prohibit the user from using the Services and/or “black list” the user from use of this Site and/or the Services; and (vi) the user shall not create false personas, multiple identities, or use mobile phones which are not explicitly owned by the user.

Release of PaymentOne

If you have a dispute with your mobile service provider, the provider of your authorized payment method (e.g., credit card issuer), or one or more participating merchants, you hereby release PaymentOne, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from any and all claims, demands, liabilities, losses, and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly release, waive and relinquish any and all rights and benefits afforded by California Civil Code §1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.”

Consent to Electronic Communications and Solicitation

By registering with PaymentOne, you understand that we may send you communications or data regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding PaymentOne’s products and services, via e-mail. We give you the opportunity to opt out of receiving e-mail from us by following the opt-out instructions provided in the message.

User Conduct/Acceptable Use Policy

PaymentOne shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content provided by the Services that is available to users, and may remove or require merchants to remove all content that PaymentOne, in our sole discretion, deems to be (i) inconsistent with PaymentOne’s or a mobile service provider’s strategic mission and vision (including but not limited to content that contains references to tobacco and alcohol products, controlled substances, gambling and illegal lotteries, pornography, violence, or prejudicial content) and/or these Terms; or (ii) possibly in violation of applicable law. In addition, PaymentOne has the right to remove any content if PaymentOne has reason to believe that displaying such content may infringe the rights of a third party or subject PaymentOne to expense or liability. Please notify us at support@paymentone.com of any third party that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, controlled substances, gambling or illegal lotteries, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

PaymentOne reserves the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit PaymentOne’s response to a future complaint. You acknowledge and agree that PaymentOne shall not assume or have any liability for any action or inaction.

Unauthorized use of the Services, or the resale of the Services without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of PaymentOne or others.

PaymentOne reserves the right, without limitation and in its sole and exclusive discretion, to terminate your access to and use of this Site and the Services.  You acknowledge and agree that PaymentOne shall not assume or have any liability for any action or inaction by PaymentOne with respect to any user content. Any action or inaction in a particular instance shall not dictate or limit PaymentOne’s response to a future complaint. Users shall remain solely responsible for user content, and any material or information transmitted to other users for interaction with other users.

Intellectual Property Rights

Except for the licenses granted herein, you have no right, title, or interest in or to the Services or any content. You agree that PaymentOne or our licensors retain all proprietary right, title, and interest, including copyright and all other intellectual property rights, in and to PaymentOne service and content, including, without limitation, text, images, and other multimedia data. All contents of this Site and the Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are © 2000–2011 PaymentOne Corporation and/or the proprietary property of our suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted, or circulated to any third party (including, without limitation, the display and distribution of the material via a third-party Web sites or other networked computer environment) without the express prior written consent of PaymentOne and/or our suppliers, affiliates, or licensors. All rights reserved.

PaymentOne, AnyPhone™, PhoneBill™, PayConnect, DirectBill™, WebBill®, PaymentOne Carrier Network™, PaymentOne Broadband Content Network™, Propensity to Pay, and PayOne are trademarks, service marks, or registered trademarks of PaymentOne. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. You may not use, and nothing contained on this Site or the Services grants by implication, waiver, estoppel, or otherwise, any right to use, any trademark displayed on this Site or the Services without the written permission of PaymentOne or the respective owners. PaymentOne may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this Site that are part of the Services. Any rights not expressly granted herein are reserved.

Third-Party Content, Sites, and Services

All transactions using the Services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third-party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Similarly, we are not responsible for any third-party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. PaymentOne shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of goods and services. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

Privacy

PaymentOne’s privacy policy, available from this Site, is made part of these Terms and incorporated herein by reference.  Your use of the Services signifies acknowledgment of and agreement to the PaymentOne privacy policy. You further acknowledge and agree that PaymentOne may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms, or, in our sole discretion, to protect the rights, property, or personal safety of PaymentOne, our employees, users, third parties, or the public, or as otherwise described in the privacy policy.

Warranties and Disclaimers

PAYMENTONE IS IN NO WAY LIABLE OR OTHERWISE ACCOUNTABLE FOR LOSS OF CUSTOMER DATA. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU FORFEIT THE RIGHT TO HOLD PAYMENTONE ACCOUNTABLE FOR ANY AND ALL TECHNICAL ERRORS, INCLUDING LOSS OF USER FILES.

PAYMENTONE PROVIDES THIS SITE AND THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYMENTONE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, MOBILE SERVICE PROVIDERS, AND/OR SUPPLIERS (EACH, A “PAYMENTONE PARTY,” AND COLLECTIVELY, THE “PAYMENTONE PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS, EXPRESS OR IMPLIED. THE PAYMENTONE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (I) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (II) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (III) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

Limitations of Liability

IN NO EVENT WILL ANY PAYMENTONE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THIS SITE OR THE SERVICES, EVEN IF SUCH PAYMENTONE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT, (II) BREACH OF WARRANTY, (III) NEGLIGENCE, OR (IV) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PAYMENTONE PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

WE MAY CHANGE THIS SITE AND THE SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THE FOREGOING, THE PAYMENTONE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (II) ANY THIRD-PARTY CONDUCT, TRANSMISSIONS, OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERAL NATURE OF THE FOREGOING, PAYMENTONE IS NOT RESPONSIBLE OR LIABLE FOR (I) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THIS SITE AND THE SERVICES; (II) ANY INCOMPATIBILITY BETWEEN THIS SITE AND THE SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE, AND HARDWARE; (III) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THIS SITE AND THE SERVICES IN AN ACCURATE OR TIMELY MANNER; OR (IV) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SITE AND SERVICE AVAILABLE FROM THIRD PARTIES THROUGH LINKS. 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 ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold PaymentOne, its affiliates, its suppliers, and their respective officers, directors, employees, agents, successors, and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) an violation or breach of these Terms by you or (ii) any activity related to access to or use of the Services (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using the Services through your mobile phone or with your mobile number. PaymentOne reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PaymentOne in asserting any available defenses.

Payment of Fees and Automatic Renewal

PaymentOne reserves the right to charge for, modify the pricing of, add to, or discontinue the Services or any portion thereof without prior notice.

Choice of Law and Location for Resolving Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with PaymentOne or relating in any way to your use of the Services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving PaymentOne or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

Modifications to These Terms

We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof to this Site. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at support@paymentone.com.

Other Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PaymentOne may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.  Notwithstanding any law, rule, or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the Terms or the Services must be filed within one year after such claim or cause of action first could be filed, or such claim or cause of action shall be forever barred. The failure of PaymentOne to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

These Terms set forth the entire understanding and complete and exclusive statement of the agreement between PaymentOne and you and supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. The parties hereto confirm that it is their wish that these Terms have been and shall be written in the English language only.