Version: October 30, 2019
These terms of service apply to your use of the Cause Mobile Wallet. This is a legal agreement (“Agreement”) between you (“you,” “your,” or “user”) and AmazenPay Technology Inc Cause Mobile Wallet (“Cause,” “AmazenPay”, “we,” “our,” or “us”) governing your use of the Cause Mobile Wallet application and website located at www.causemobilewallet.com. Please review these Terms of Service before you decide whether to accept them and continue with the registration process.
You are 18 years old or older;
Capable of entering into a legally binding agreement; and
Are an individual, and not acting on behalf of a corporation, trust, partnership, or other entity.
By agreeing to these Terms of Service, you authorize AmazenPay to move funds from your personal bank account to your Wallet account and to charge your personal bank account and/or debit your Mobile Wallet Balance, as applicable, when you perform transactions or incur fees using any of the services offered hereunder.
The following additional defined terms appear in these Terms of Service.
When you sign up for the Cause Mobile Wallet, the Issuer will issue you a virtual account, which you will load using your funds from your personal checking or savings account. The virtual account holds the funds that are in your Cause Mobile Wallet Account (your “Wallet Balance”). These funds will be held in a custodial sub-account maintained by the Issuer (your funds are not maintained by us or in our control at any time). You may be asked to provide information such as your name, contact information, bank name, routing number and account number, date of birth, and/or your social security number. We may verify your registration information with a third party verification vendor. In some cases, we may ask you to send us additional information, such as a copy of your driver’s license or passport, or to answer additional questions to help us verify your identity.
Subject to the Terms and Conditions of the Issuer, you can use your Cause Mobile Wallet card to make purchases anywhere Visa® (or the applicable Card network, if not Visa®) is accepted, transfer funds to other Cause Mobile Wallet holders, and donate to campaigns created on the Cause Mobile Wallet platform. Third party payment processors handle all payments processing transactions. We are not a chartered banking entity. All funds that are not part of a fee paid to us are paid directly to the Card Issuer or other third-party payment providers.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business that opens an account or requests credit.
You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes.
In order to use the Services, you must have a valid Card that is in good standing with the Issuer. If your Card is closed for any reason, your Wallet Account will also be closed and you will no longer be able to access the Services, and any remaining account funds will be distributed to User.
The Cause Mobile Wallet may allow you to make purchase transactions from merchants in-store using the Cause Mobile Wallet Account which resides on your mobile device.
You can use the Mobile Wallet Service as follows:
In store using your wallet stored on your mobile device by logging in to your Wallet Account, displaying your personal QR Code, and holding the mobile device under the merchant’s reader, if this functionality is enabled and available. By using your Wallet Account with this method to make Payment Transactions, you authorize AmazenPay to charge your Wallet Account for such Payment Transaction in coordination with any third-party payment processors. By using your Wallet Account using the methods described above to make Payment Transactions, you authorize AmazenPay to charge your Wallet Account for such Payment Transaction in coordination with the Issuer and any third-party payment processors.
Payment Transaction Limits. There is a maximum dollar limit on purchase payments that you may make using your Wallet. Maximum purchase payments may not exceed the $5,000 per day or any other daily purchase transaction limit imposed by the Issuer. AmazenPay may, at its discretion, increase this maximum upon verification with the Issuer. In addition, Wallet purchase transactions below this amount may be declined if you have insufficient Wallet Balance. In addition, you may be subject to limitations on the amount or type of transaction or merchant as per the Issuer’s Terms and Conditions. You are responsible for any charges and related fees that may be imposed under the Issuer’s Terms and Conditions. The Wallet is not a credit card, and AmazenPay and the Issuer are not extending you credit in connection with your use of the Mobile Wallet Service.
(i) a transfer of funds from your Funding Account;
(ii) funds received from a Sender; and/or,
(iii) a credit issued to you.
We currently do permit funding your Wallet Balance from a credit card. If your credit card issuer deems your addition of funds to your Wallet Balance to be a cash advance transaction or a similar non-purchase transaction, you may incur cash advance or similar fees assessed by your credit card issuer. Please refer to your agreement with your Funding Account provider for information on whether cash advance fees may be incurred. Using your Wallet Balance in order to monetize/maximize any rewards programs offered under the issuer’s terms for your credit or debit card is prohibited under these Terms of Service.
We can institute limits on amounts you can add to your Wallet Balance using your Funding Account in our discretion and without notice.
(i) Initiate a debit or charge to your Funding Accounts in your Wallet Account to bring your Wallet Balance to $0 and / or
(ii) Use a third party to recover funds from you to bring your Wallet Balance to $0.
If through no fault of ours, a merchant refuses to honor a transaction using your Wallet Balance;
If through no fault of ours, you do not have enough money available in your Wallet Balance to make a purchase;
If the terminal or system was not working properly;
If the transaction information supplied by you or a third party is incorrect or untimely;
If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; or the merchant authorizes an amount greater than the purchase amount.
There may be other applicable exceptions as otherwise provided by state or federal laws.
In order to use the Wallet-to-Wallet Service to make Wallet-to-Wallet Payments from your Wallet Account, you must have a Wallet Account in good standing and be transferring funds to another Wallet Account in good standing.
The Wallet-to-Wallet Service is currently available only to Senders and Recipients who are U.S. residents and who otherwise meet the requirements of these Terms of Service. All users of the Wallet-to-Wallet Service agree to the restrictions contained in this policy.
(1) When you request a Wallet-to-Wallet Payment to be effected through the Wallet-to-Wallet Service, you authorize Issuer to debit funds in that amount from your Wallet Balance;
(2) Your authorizations under this Section shall remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.
(i) If a requested Wallet to Wallet Payment cannot be completed for any reason, including because the Recipient is not a U.S. resident, or the Recipient does not or is ineligible to create a Wallet Account and / or Wallet Balance in order to receive the funds within ten (10) days of the Sender initiating the Wallet to Wallet Payment, the Wallet to Wallet Payment will be cancelled and, to the extent possible, funds will be returned to the Sender’s Wallet Balance.
Records of your Wallet to Wallet Payments through the Wallet to Wallet Service and your other Wallet Balance transactions (together, your “Wallet Balance Transactions”) will be reflected in your transaction history in your Wallet Account. You are responsible for reviewing your transaction activity to determine if there are any errors or unauthorized transactions, and for alerting AmazenPay of such events.
It is your obligation to save or print a copy of your Wallet Electronic Transaction History. If your access to the Service is cancelled or terminated by you or by us for any reason, you will not be permitted to access your statements stored by AmazenPay. You may request paper copies of certain electronic records about your account and stored by AmazenPay, subject to reasonable limits. AmazenPay reserves the right to charge you fees for such paper copies.
AmazenPay may charge fees in accordance with the fee schedule, as stated herein. No fees are incurred for a Wallet to Wallet transfer. Merchant payment fees are set forth in the Issuer’s Terms and Conditions.
We do not charge any fees for adding funds to your Wallet Balance from your Funding Account.
Wallet may also assess a fee based on of the transaction amount, with a minimum fee of $3.99, on the total amount your Funding Account is charged to bring your negative Wallet Balance to $0.
We may charge you for any costs we incur by the use of a third party to recover funds from you to bring your Wallet Balance to $0.
We will charge a fee of $3.50 the first time you remove funds from your Wallet Balance to your Funding (Bank) Account; subsequent withdrawals will incur a flat $0.99 fee.
Please review the account terms provided by the issuer of your Funding Account for any fees they may assess on your use of your Funding Account.
Notwithstanding any limitations described elsewhere in this Agreement, we may establish general practices and limits concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to some or all of the Services without notice and without liability. We may decline to process any transaction without prior notice to you.
AmazenPay may delay, hold, cancel or reverse processing of any transaction if:
Buyer authorizes the charge or debit to Buyer’s Wallet Balance, by AmazenPay as agent of the Seller, as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting or debiting, as applicable, to Buyer’s Wallet, by AmazenPay as agent of the Seller, in connection with chargebacks, reversals, refunds, or adjustments through the Service by a Seller.
We may limit or suspend your use of one or more Services at any time, in our sole and absolute discretion. If we suspend your use of a Service, we will attempt to notify you by electronic mail.
Suspension of your use of a Service will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension or with respect to any non-terminated Services.
The Cause Mobile Wallet is intended for use on mobile devices, Android operating systems, Apple iOS or other devices or operating systems approved by AmazenPay, as provided to you directly by your mobile carrier. You are strictly prohibited from using the Cause Mobile Wallet on a mobile device or Android or Apple operating system, or other device or operating system approved by AmazenPay, that has been modified or customized in any way. You bear sole responsibility for such unauthorized use of the Cause Mobile Wallet on a modified mobile device, Android operating system, Apple operating system or other device or operating system approved by AmazenPay.
If you believe your Wallet Account has been opened or used in an unauthorized manner, please contact the Issuer immediately as set forth in the Issuer’s Terms and Conditions. You are cautioned to only make payments to person’s you already know and trust. You should not send money to purchase product or donate to campaigns if you don’t know and trust the person you are sending money to. There is a risk that the person is acting dishonestly and may defraud you out of your money. Be careful.
If AmazenPay is holding funds due to you arising from a Payment Transaction processed using any service described herein, and AmazenPay is unable to contact you and has no record of your use of the service for several years, Applicable Law may require AmazenPay to report these funds as unclaimed property. If this occurs, AmazenPay will try to locate you at the address shown in our records, but if AmazenPay is unable to locate you, it may be required to deliver any such funds to the applicable state as unclaimed property. AmazenPay reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by Applicable Law. The Issuer’s Terms and Conditions may take precedence with respect to any such unclaimed property. In that event, the Issuer’s Terms and Conditions shall control.
AmazenPay is not a bank or other chartered depository institution. AmazenPay is not an issuer of any Funding Account. With respect to merchant payment transactions, solely the merchant handles all payment processing, and, other than releasing the funds under a properly made transaction, AmazenPay is not involved in the merchant’s processing of the payment.
Funds held by AmazenPay or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by the Federal Deposit Insurance Corporation or any other governmental agency.
These Terms of Service do not amend or otherwise modify your agreement with the issuer of your Funding Account. In the event of any inconsistency between these Terms of Service and your agreement with the issuer of your Funding Account or the Issuer’s Terms and Conditions, these Terms of Service govern the relationship between you and AmazenPay solely with respect to AmazenPay’s Site and the App, and your agreement with the Issuer of your Funding Account governs the relationship between you and the Issuer of such item. You acknowledge and agree that you are solely responsible for the Funding Account, and any other information you enter or otherwise store in the Cause Mobile Wallet. AmazenPay is not responsible for the accuracy or availability of any information you enter or otherwise store in the Cause Mobile Wallet, including, without limitation, whether such information is current and up-to-date.
AmazenPay may have arranged for third party providers to provide products or services to you through the Cause Mobile Wallet (“Third Party Providers“). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use the Cause Mobile Wallet, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through Cause Mobile Wallet that may be updated from time to time. For avoidance of doubt, these Third Party Provider terms are between you and the applicable Third Party Provider, not AmazenPay.
Some of the features of Cause Mobile Wallet may be supported by advertising revenue and may display advertisements and promotions. In consideration for AmazenPay granting you access to and use of Cause Mobile Wallet, you agree that AmazenPay may place such advertising. In addition, you may have the choice to opt-in to allowing information from Cause Mobile Wallet to be used by AmazenPay, in order to present you with more relevant advertising, as well as more relevant items for you to store and/or redeem as Wallet Objects.
You are responsible for any fees charged by your telecommunications provider, the Issuer, merchant, or any other third party in connection with your use of Cause Mobile Wallet.
AmazenPay and the Issuer are not extending credit in connection with your use of the Cause Mobile Wallet.
The Services include a donation-based fundraising platform enabling campaigns for well- intended, good-natured causes. They can be shared via text, email, or social media. The campaign creator determines how the funds will be used as disclosed in the campaign, subject to these Terms of Service. We do not choose or endorse any campaigns, nor do we solicit donations on behalf of any campaigns, nor advise campaign creators on fundraising solicitation efforts or compliance. We merely provide a technology platform to allow campaign creators to connect with other members of the Cause Mobile Wallet App and Site to solicit contributions to his or her cause.
Any Cause Mobile Wallet holder may create a campaign for the cause he or she cares about, so long as it is consistent with these terms and conditions. A campaign is created by using the “Create a Campaign” feature found in the Cause Mobile Wallet app and on our website (www.causemobilewallet.com) and following the instructions there. Once a campaign is created, funds donated to the campaign will be held in a sepAmazenPayte account unique to the campaign itself. At the conclusion of the campaign, the funds in the account will be paid to the campaign creator, less our fees of 4.5% of the amount raised and any fees (currently 3.5%) for those contributions made using credit cards plus $0.50 per wallet contribution. If the campaign creator is not the final beneficiary of the campaign, he or she will be obligated to thereafter transfer the funds to the beneficiary of the campaign. The maximum amount that may be held in a campaign account at any one time is $50,000. Campaigns must have a fundraising deadline at which time the campaign will be closed and all funds distributed regardless of whether the campaign’s goal has been met. Campaigns may not have any minimum threshold funding amount.
Campaigns must comply with all applicable laws and regulations, and the campaign creator is responsible for ensuring such compliance. We reserve the right to provide information about you and your campaign to law enforcement, donors, and beneficiaries of your campaigns. We reserve the right to remove any campaign created solely for the purpose of fraud, tax evasion, or for any reason involving improper purpose or otherwise. Campaigns may not include:
Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, hAmazenPayssing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying our service, or which may expose us or our users to any harm or liability of any type.
By creating a campaign, you represent and warrant that: (a) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and (b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any other purpose. Additionally, if you are raising funds for a non-profit organization (a “Charity”) through the site, you agree that you will comply with all applicable state solicitation laws, and you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (ii) is registered with the GuideStar database; and (iii) has authorized you to raise money on its behalf through the site.
For each campaign you create, you agree to provide complete and accurate information regarding the campaign, you have the consent of the person or entity you are raising funds for, and you have permission to use their name and likeness and other information in the campaign. If your campaign is to benefit a minor, then you are the parent or guardian or you have express written permission from the parent or guardian to create the campaign and include their name, picture and other information. If your campaign includes any third party intellectual property, such as trademarks, logos, and copyrighted information, then you must have express written permission to include the intellectual property in your campaign.
The campaign you create will be publicly available on the Internet, including in search results on Google, Bing, Yahoo and other search engines.
Cause charges a fee of 4.5% on all donations made to a campaign to cover the cost of transferring the funds from the campaign account to the campaign creator’s personal bank account. Additionally, a 3.5% service charge will be assessed on any credit card contributions and $0.50 will be assessed for each wallet contribution. These fees are taken at the time the campaign is closed. There are no additional fees for users making a donation to a campaign, and all such contributions may only be made from funds held in other Cause Mobile Wallets.
In order to donate to a campaign, you must have created your own Cause Mobile Wallet account. All donations are made from your Cause Mobile Wallet account to the campaign. Campaigns are discovered on the Cause Mobile Wallet App or the Site. We do not verify the accuracy of campaigns created by users. Any donations you make are at your own risk. You should carefully review the campaign information and conduct any other background investigation you deem appropriate before making a donation. We are not responsible for fraudulent conduct of the campaign creator or any misuse of the donated funds by the campaign creator or any other beneficiary of the campaign. By donating to a campaign, you are confirming that the donation is legal in your jurisdiction. You also confirm that all donations are made as unrestricted gifts and are final and nonrefundable. You acknowledge and understand Cause will charge a 4.5% fee on the amount of the donation, plus an additional 3.5% on any credit card transaction and $0.50 on any wallet contribution. We make no representation to you regarding tax treatment of any donation you make, and we do not verify whether any campaign has tax-exempt status and whether the donation is tax-deductible. You should consult with your tax advisor regarding tax treatment of any donations you make, and independently confirm the tax-exempt status of a campaign if you intend to deduct the donation from your taxable income.
Prohibited campaigns include, but are not limited to, any campaign that includes materials including bigotry, racism, sexism, or profanity, use of hurtful or hateful language and violent or hateful material.
Support for unsupported sciences, including any claims that AmazenPay, in its sole and absolute discretion, deems absurd.
Any campaign to promote suicide or assisted suicide even if legal in the state where the campaign is promoted.
Any campaign in support of the mistreatment of wildlife or animals.
Sexually explicit or suggestive children or adult material, services or products and any type of Adult or child pornography or material relating to the adult or child pornography industry.
Any defence of formal charges or claims of crimes, violent, hateful, sexual or discriminatory acts by anyone including but not limited to hate groups or terrorist organizations and any treasonous behavior. Campaigns in support of the purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives, ammunition, rebel organizations, militias, gangs, or any organized violence against anyone or any government including the funding or planning of an assassination.
The use of inflammatory or accusatory statements against anyone, which include false, misleading or dishonest statements.
Promotion of adult or underage consumption or abuse of alcohol, tobacco, narcotic drugs, products or pAmazenPayphernalia including the illegal purchase or use of marijuana, non- prescribed drugs or other banned drugs.
Promoting a Pyramid or Ponzi schemes, “get rich quick” schemes, the purchase of annuities, investments, selling equity or return-on-investment deals, raffles or lottery contracts.
Anything involving offshore banking or currency exchanges, including the exchange of unrecognized or crypto-currencies.
Any promotion involving betting, gambling, raffles, lotteries, sweepstakes, or offering monetary rewards, including gift cards.
Any campaign that includes photos or descriptions, which include graphic content of injuries or procedures, non-medical or violent bodily mutilation or procedures conducted outside of an accredited medical institution.
The purchase, transfer or production of non-FDA approved ingestible or consumable products and services.
Directly funding an abortion
The Cause Mobile Wallet App and the Site at www.causemobilewallet.com including without limitation all services and materials, illustrations, designs, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, software code, and the like contained therein, as well as the selection, assembly and arrangement thereof, are owned by Cause, or are licensed by Cause from third parties, and are protected by applicable copyright, trademark, unfair competition, and related intellectual property and proprietary rights. You are granted a limited, non-sub licensable, non-transferable, non-exclusive, revocable license to access and use the Cause Mobile Wallet App and Site and copy and print portions of the materials for your informational, non-commercial and personal use only. Such license does not include the right to (a) any resale or commercial use; (b) distribution, public performance or public display; (c) modifying or otherwise making any derivative uses; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the website or application or any information contained therein; (f) any reverse engineering of the App or Site, or (g) any use other than for its intended purpose. Any use of the website or application other than as specifically authorized herein, without the prior written permission of Cause, is strictly prohibited and will terminate the license granted herein. Cause reserves all rights not expressly granted to you in this Agreement. This Agreement does not grant you any rights to Cause’s trademarks or service marks.
If you submit comments or ideas about our services, including without limitation about how to improve the Cause Mobile Wallet or our other products (“Ideas”), you agree that your submission is gratuitous, unsolicited, and without restriction, that it will not place Cause under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Cause does not waive any rights to use similar or related ideas previously known to Cause, or developed by its employees, or obtained from sources other than you.
You may not infringe the copyrights and trademarks of others. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright and trademark rights of others. If you believe that your work has been posted on Cause Mobile Wallet in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright- protected work that you claim has been infringed; (c) the location on Cause Mobile Wallet of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that we may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
If you believe that your removed or disabled content is not infringing, or that you have the authorization or right to post and use that content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Cause will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled content within 10 business days of receiving the counter-notice from Cause, then Cause may, in its sole discretion, reinstate the removed or disabled material.
Cause makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from our website or application, or Web sites linking to our website or application, including those of our payment partners. Such sites are not under our control and Cause is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Cause provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Cause of any site or any information contained therein. You should review the applicable terms and policies, including privacy and data gathering practices, of any site.
You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the site or through the services (collectively “User Generated Content”) in our application or on our website. You are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to Cause, you hereby grant Cause a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non- exclusive and fully right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.
You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Cause has the right, but not the obligation, to remove any User-Generated Content at any time for any reason. Cause shall have no liability for User Generated Content.
You are fully responsible for any content you post as a User or a Donor. You agree by becoming a User or Donor that you will not:
Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site;
Use your Cause account for any illegal purposes; Provide information that is not complete and accurate;
Attempt to bypass or otherwise circumvent the designated method of payment as provided by Cause.
By visiting Cause’s website or by downloading the mobile application, you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guAmazenPayntee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If your Cause Mobile Wallet Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using Cause Service, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Cause shall not be liable to you or any third party for termination of access to Cause Service or for deletion of your information or account data. You may terminate this Agreement at any time by closing your Cause Service Account and ceasing to use Cause Service. Cause reserves the right to terminate this agreement and/or suspend or delete your User or Donor accounts at our discretion, for any reason or no reason upon notice to you. Cause will have no obligation to provide a refund of any amounts previously paid. If your account remains inactive for any 60 day period, Cause reserves the right to close your account without notice to you.
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of one or more Services for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time.
Upon termination of your use of the Services, you remain liable for all Payment Transactions, Wallet to Wallet Payments and any other obligations you have incurred under these Terms of Service. Upon termination, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors).
The App and the Site are provided to you “as is” and “as available” and without warranty of any kind, express or implied. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AmazenPay AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, “AmazenPay PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH AmazenPay PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE AmazenPay PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE AmazenPay PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, WALLET TO WALLET PAYMENTS OR THE SERVICES.
THE AmazenPay PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY WALLET BALANCE, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH THE ISSUER.
You agree to indemnify, defend and hold harmless AmazenPay and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation the Issuer and other Customers) (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
In the event of such a claim, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial or arbitration. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defences.
To the fullest extent permitted by law, in no event will any AmazenPay Party be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; (iii) for any conduct of content of any third party on the Site; or (iv) any goods, services, or information purchased, received, sold, or paid for by way of the Services. In no event shall our liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00). WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE DUE TO ANY USER’S FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
We are located in Los Angeles, California. We encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention on Contracts for the International Sale of Goods. You agree that the Cause Mobile Wallet App and Site and its Services are deemed a passive website that does not give rise to jurisdiction over Cause or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of California.
You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Cause Mobile Wallet, shall be filed only in the state or federal courts located in Los Angeles County in the State of California, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Electronic communications from Cause may be sent to you to inform you about the Services and campaigns you are associated with. You agree to allow Cause to send these communications to your email address. You agree that you are liable for any communications you send to potential donors promoting a campaign. These communications include but are not limited to, “share” emails sent through the Cause website or App and communications sent outside of the Cause website or mobile App.
These Terms and the other material referenced in them are the entire agreement between you and AmazenPay Technologies, LLC with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and AmazenPay Technologies, LLC with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or AmazenPay Technologies, LLC to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights. These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get our prior written consent. AmazenPay Technologies, LLC has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We will provide you notice via email, written notice, or by conspicuously posting the notice on our Site. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than you and AmazenPay and other AmazenPay affiliates, each of which shall be a third-party beneficiary of the Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website or in the App. Any use of Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the dispute arose.
We do not represent or endorse, and shall not be responsible for:
The reporting and payment of any applicable taxes arising from the use of the Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Services, including without limitation, the reporting and payment of any taxes arising in connection with Payment Transactions made through the Services, or income received through Wallet to Wallet Payments.
You are responsible for:
AmazenPay and Third-Party Providers may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. Pursuant to these Terms of Service, we will deliver such Communications to you in electronic form. Your agreement to the Terms of Service confirms your ability and consent to receive such Communications electronically, rather than in paper form.
You agree and consent to receive electronically all Communications provided to you in connection with your Wallet Account and your use of the Services. Communications include:
Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
It is your responsibility to open and review Communications that we deliver to you through the methods described above. We may, but are not obligated to under these Terms of Service, provide you with notice of the availability of a Communication that is delivered in one of the methods described above (for example, by informing you of such Communication through a notification sent to your mobile device).
You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
In order to access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
By giving your consent to these Terms of Service, you confirm that you are able to meet the above requirements and that you can receive, open, and print or save any Communications referenced in these Terms of Service for your records.
The following additional terms will apply to such electronic Communications:
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