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User Payment Terms
We have provided some section headers for your convenience, but you should carefully read through these User Payments Terms (the "Terms") in order to understand your rights and responsibilities, as well as ours. If you are under the age of eighteen (18), you may use Bizzshout! Payments only with the involvement of your parent or guardian. Make sure you review these Terms with your parent or guardian so that you both understand all of your rights and responsibilities.
Date of Last Revision: March 2019
1. Making Purchases
1. Funding and spending. When you make a purchase using Bizzshout! Payments through Paypal, you agree to Paypal’s Terms and to provide a valid email to load money into their system. When you have successfully completed this funding transaction, we immediately transfer that value to the developer offering the content you wish to purchase.
2. Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding.
3. Extra terms. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
4. Subscriptions. If you purchase a subscription to an app or to a feature within an app, we will bill your funding instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through Bizzshout! Payments:
1. If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.
2. You can cancel subscriptions at any time on your iBriefcase settings page.
3. If you cancel a subscription you will still have access to the app or feature you subscribed to through the end of the subscription period. If an app or feature you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period.
5. Sponsored posts. Posts you have Sponsored are subject to our future Advertising Guidelines.
6. Actual sale. You may only use Bizzshout! Payments to process a funding transaction for a legitimate, bona fide purchase of a product or service. You may not use Bizzshout! Payments to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase.
7. No Warranties. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH BIZZSHOUT!.
2. Payment Methods
1. Funding instruments. We want to make Bizzshout! Payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards, and other payment methods provided by Paypal.
2. Authority. When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
3. Authorization. If you pay by credit or debit card, we may obtain a pre- approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your Bizzshout! Payments transaction, or shortly thereafter in Paypal. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
4. Failed funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
5. Credits. The Bizzshout! Bid Credits virtual currency (“Bids or Credits”) is a payment method for virtual goods or in-game currency in participating services or apps on our platform. The following terms apply to Bid or Credit usage:
1. When you purchase or receive Bids or Credits, you do not own those Credits. What you have is a limited right to use the Credits in connection with certain features on Bizzshout!, such as the purchase of a virtual good.
2. Except as otherwise stated, purchases of Credits are non- refundable to the full extent permitted by law.
3. You will not sell Credits to anyone, or transfer them to anyone outside of Bizzshout!.
4. We may change the purchase price for Bids or Credits at any time, as well as the ways that you can use or transfer Bids or Credits. We also reserve the right to stop issuing Bids or Credits.
5. Bids or Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing or unless required by law.
6. Bids or Credits are subject to our Abandoned Property provision (Section 3.6, below).
7. Bizzshout! may issue a small number of free or promotional Bids or Credits to users. We may expire these at any time.
6. Incompatibility. You may at some point encounter an app or feature that does not support the payment method you would prefer to use – for example, if an item or feature that you wish to purchase is priced in local currency, you won’t be able to use Bids or Credits as a payment method; however, you can select a different type of payment instrument (such as credit or debit card, or mobile operator billing).
7. Mobile billing. Mobile operator billing is another payment method we will offer in the future for your convenience. If you use mobile billing as a funding instrument, you consent to the following applicable risks and other terms:
1. By choosing the mobile billing payment method, you agree that we and your mobile operator may exchange information about you in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity.
2. You are responsible for any charges, fees, changes to your mobile plan service or billing, alterations to your mobile device, or any other consequence that may arise out of your use of mobile billing.
3. If you use mobile billing, you are bound not only by these Terms, but also by the terms and conditions of your mobile operator.
4. If you have questions about any charges or fees that appear on your mobile phone bill, you may contact your mobile provider’s customer service division.
5. Sometimes, use of mobile billing in a funding transaction may lead to charges that, for various technical reasons beyond our control, cannot be refunded to you. In these cases, we have the right, but not the obligation, to issue you a courtesy credit to your electronic value Balance.
3. Actions We May Take
1. At-will use. We may revoke your eligibility to use Bizzshout! Payments at any time at our sole discretion.
2. Inquiries. By using Bizzshout! Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
3. Right to cancel. We may cancel any transaction if we believe the transaction violates these Terms or the State of Rights and Responsibilities, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
4. Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
5. Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
6. Abandoned Property. If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.
4. Disputes and Reversals
1. Customer assistance. Subject to Sections 4.2, 4.3, 4.4, and 4.5 below, we provide various tools in our Bizzshout! Payments Support Center, which will be coming soon to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.
2. No liability for spend transaction. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your funded amount.
3. Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
4. Intervention. We may intervene in disputes concerning payments that may arise between you and a developer, but we have no obligation to do so.
5. Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
5. Special Provisions Applicable to Advertisers
1. Agreement to pay. When you purchase advertising or promoted posts on or through Bizzshout!, you agree to pay all amounts specified in the order, along with any applicable taxes.
2. Consent to credit check. Without limiting Section 3.2 above, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
3. Security. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
4. Direct debit. If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon signup. We will notify you in advance if any charge will exceed the agreed-upon range.
5. Cancelation. You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.
6. Tax liability. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
7. Delinquent accounts. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
6. Notices and Amendments to These Terms
1. Notice to you. By using the Bizzshout! Payments service through Paypal, you agree that we may communicate with you electronically any important information regarding your purchases or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
2. Notice to us. Except as otherwise stated, you must send notices to us relating to Bizzshout! Payments and these Terms by postal mail to: Bizzshout!, Attn: Legal at Bizzshout! P.O. Box 881, Alpine, NJ 07620
3. Amendment guidelines. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.
7. Additional Terms
1. Conflict of terms. All of the commitments you make in the Bizzshout! Statement of Rights and Responsibilities apply to your use of Bizzshout! Payments. In the event of any conflict between these Terms and the Bizzshout! Statement of Rights and Responsibilities, the Community Payments Terms shall prevail.
2. Conflict of laws. Some countries may restrict or prohibit your ability to make payments through Bizzshout and Paypal. Nothing in these Terms should be read to override or circumvent any such foreign laws.
3. Courtesy translations. These Terms were written in English (US). To the extent any translated version of these terms conflicts with the English version, refer to Google’s Translation for English.
4. “Us”. Without limiting Section 5.1, above, the following are the entities to which “us,” “we,” “our,” or “Bizzshout!” refer:
2. All Bizzshout! Bids and Credits sold to users in the State of New Jersey are issued by ITC Financial Licenses, Inc. and offered by Bizzshout!, Inc. as the authorized agent of ITC Financial Licenses, Inc.
If you are a user in the State of Texas, and you still have an unresolved complaint regarding Bizzshout! Payments and Paypal’s money transmission or currency exchange activity after first contacting Paypal, Inc., https:// www.paypal.com/us/webapps/helpcenter/helphub/home/, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.banking.state.tx.us
3. If you are a resident of or have your principal place of business in a country other than the U.S. or Canada, these Payments Terms are between you and Paypal, Inc.
However, all transactions using an electronic value Balance as a payment method are processed by Bizzshout, Inc.