Terms and Policy
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Terms of Use
Paysecurely Online’s mission is to improve lives through utility bill payment. We enable anyone anywhere to create and share payment content (instructors) and to access that payment content . We consider our marketplace model the best way to offer valuable payment content to our users. We need rules to keep our platform and services safe for you, us, and our student and instructor community. These Terms apply to all your activities on the Paysecurely Online website, the Paysecurely Online mobile applications, our TV applications, our APIs, and other related services (“Services”). If you publish a course on the Paysecurely Online platform, you must also agree to the Instructor Terms. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy. If you are using Paysecurely Online as part of your employer’s Paysecurely Online Business utility bill payment and development program, you can consult our Paysecurely Online Business Privacy Statement. If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with Paysecurely Online through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
Table of Contents
1. Accounts
2. Content Enrollment and Lifetime Access
3. Payments, Credits, and Refunds
4. Content and Behavior Rules
5. Paysecurely Online’s Rights to Content You
Post
6. Using Paysecurely Online at Your Own Risk
7. Paysecurely Online’s Rights
8. Subscription Terms
9. Miscellaneous Legal Terms
10. Dispute Resolution
11. Updating These Terms
12. How to Contact Us
1.
Accounts
You need an account for most activities on our platform. Keep your password
somewhere safe, because you’re responsible for all activity associated with
your account. If you suspect someone else is using your account, let us know by
contacting our Support Team. You must have reached the age of consent for
online services in your country to use Paysecurely Online. You need an account
for most activities on our platform, including to purchase and access content
or to submit content for publication. When setting up and maintaining your
account, you must provide and continue to provide accurate and complete
information, including a valid email address. You have complete responsibility
for your account and everything that happens on your account, including for any
harm or damage (to us or anyone else) caused by someone using your account
without your permission. This means you need to be careful with your password.
You may not transfer your account to someone else or use someone else’s
account. If you contact us to request access to an account, we will not grant
you such access unless you can provide us with the information that we need to
prove you are the owner of that account. In the event of the death of a user,
the account of that user will be closed.
You
may not share your account login credentials with anyone else. You are responsible
for what happens with your account and Paysecurely Online will not intervene in
disputes between students or instructors who have shared account login
credentials. You must notify us immediately upon utility bill payment that someone else may
be using your account without your permission (or if you suspect any other
breach of security) by contacting our Support Team. We may request some
information from you to confirm that you are indeed the owner of your account.
Students and instructors must be at least 18 years of age to create an account
on Paysecurely Online and use the Services. If you are younger than 18 but
above the required age for consent to use online services where you live (for
example, 13 in the US or 16 in Ireland), you may not set up an account, but we
encourage you to invite a parent or guardian to open an account and help you
access content that is appropriate for you. If you are below this age of
consent to use online services, you may not create a Paysecurely Online
account. If we discover that you have created an account that violates these
rules, we will terminate your account. Under our Instructor Terms, you may be
requested to verify your identity before you are authorized to submit content
for publication on Paysecurely Online. You can terminate your account at any
time by following the steps here. Check our Privacy Policy to see what happens
when you terminate your account.
2.
Content Enrollment and Lifetime Access
When
you enroll in a course or other content, you get a license from us to view it
via the Paysecurely Online Services and no other use. Don’t try to transfer or
resell content in any way. We generally grant you a lifetime access license,
except when we must disable the content because of legal or policy reasons or
for enrollments via Subscription Plans. Under our Instructor Terms, when
instructors publish content on Paysecurely Online, they grant Paysecurely
Online a license to offer a license to the content to students. This means that
we have the right to sublicense the content to enrolled students. As a student,
when you enroll in a course or other content, whether it’s free or paid
content, you are getting a license from Paysecurely Online to view the content
via the Paysecurely Online platform and Services, and Paysecurely Online is the
licensor of record. Content is licensed, and not sold, to you. This license
does not give you any right to resell the content in any manner (including by
sharing account information with a purchaser or illegally downloading the
content and sharing it on torrent sites). In legal, more complete terms, Paysecurely
Online grants you (as a student) a limited, non-exclusive, non-transferable
license to access and view the content for which you have paid all required
fees, solely for your personal, non-commercial, payment purposes through
the Services, in accordance with these Terms and any conditions or restrictions
associated with the particular content or feature of our Services. All other
uses are expressly prohibited.
You
may not reproduce, redistribute, transmit, assign, sell, broadcast, rent,
share, lend, modify, adapt, edit, create derivative works of, sublicense, or
otherwise transfer or use any content unless we give you explicit permission to
do so in a written agreement signed by a Paysecurely Online authorized representative.
This also applies to content you can access via any of our APIs. We generally
give a lifetime access license to our students when they enroll in a course or
other content. However, we reserve the right to revoke any license to access
and use any content at any point in time in the event where we decide or are
obligated to disable access to the content due to legal or policy reasons, for
example, if the course or other content you enrolled in is the object of a
copyright complaint, or if we determine it violates our Trust & Safety
Guidelines. This lifetime access license does not apply to enrollments via
Subscription Plans or to add-on features and services associated with the
course or other content you enroll in. For example, instructors may decide at
any time to no longer provide rental payment assistance or Q&A services in
association with the content. To be clear, the lifetime access is to the course
content but not to the instructor. Instructors may not grant licenses to their
content to students directly, and any such direct license shall be null and
void and a violation of these Terms.
3.
Payments, Credits, and Refunds
When you make a payment, you agree to use a
valid payment method. If you aren’t happy with your content, Paysecurely Online
offers a 7-day refund or credit for most content purchases.
3.1 Pricing
The
prices of content on Paysecurely Online are determined based on the terms of
the Instructor Terms and our Promotions Policy. In some instances, the price of
content offered on the Paysecurely Online website may not be exactly the same
as the price offered on our mobile or TV applications, due to mobile platform
providers’ pricing systems and their policies around implementing sales and
promotions. We occasionally run promotions and sales for our content, during
which certain content is available at discounted prices for a set period of
time. The price applicable to the content will be the price at the time you
complete your purchase of the content (at checkout). Any price offered for particular
content may also be different when you are logged into your account from the
price available to users who aren’t registered or logged in, because some of
our promotions are available only to new users. If you are logged into your
account, the listed currency you see is based on your location when you created
your account. If you are not logged into your account, the price currency is
based on the country where you are located. We do not enable users to see
pricing in other currencies. If you are a student located in a country where
use and sales tax, goods and services tax, or value added tax is applicable to
consumer sales, we are responsible for collecting and remitting that tax to the
proper tax authorities. Depending on your location, the price you see may
include such taxes, or tax may be added at checkout.
3.2 Payments
of
agree to pay the fees for content that you purchase, and you authorize us to
charge your debit or credit card or process other means of payment (such as Boleto,
SEPA, direct debit, or mobile wallet) for those fees. Paysecurely Online works
with payment service providers to offer you the most convenient payment methods
in your country and to keep your payment information secure. We may update your
payment methods using information provided by our payment service providers.
Check out our Privacy Policy for more details. When you make a purchase, you
agree not to use an invalid or unauthorized payment method. If your payment
method fails and you still get access to the content you are enrolling in, you
agree to pay us the corresponding fees within seven (7) days of notification
from us. We reserve the right to disable access to any content for which we
have not received adequate payment.
3.3 Refunds and Refund Credits
If
the content you purchased is not what you were expecting, you can request,
within 7 days of your purchase of the content, that Paysecurely Online apply a
refund to your account. This refund option does not apply to Subscription Plan
purchases, which are covered in Section 8.4 below. We reserve the right to
apply your refund as a refund credit or a refund to your original payment
method, at our discretion, depending on capabilities of our payment service
providers, the platform from which you purchased your content (website, mobile
or TV app), and other factors. No refund is due to you if you request it after
the 7-day guarantee time limit has passed. However, if the content you
previously purchased is disabled for legal or policy reasons, you are entitled
to a refund beyond this 7-day limit. Paysecurely Online also reserves the right
to refund students beyond the 7-day limit in cases of suspected or confirmed
account fraud. To request a refund, follow the steps here. As detailed in the
Instructor Terms, instructors agree that students have the right to receive
these refunds. If we decide to issue refund credits to your account, they will
be automatically applied towards your next content purchase on our website, but
can’t be used for purchases in our mobile or TV applications. Refund credits
may expire if not used within the specified period and have no cash value, in
each case unless otherwise required by applicable law. At our discretion, if we
believe you are abusing our refund policy, such as if you’ve consumed a
significant portion of the content that you want to refund or if you’ve
previously refunded the content, we reserve the right to deny your refund,
restrict you from other future refunds, ban your account, and/or restrict all
future use of the Services. If we ban your account or disable your access to
the content due to your violation of these Terms or our Trust & Safety
Guidelines, you will not be eligible to receive a refund. Additional
information on our refund policy is available here.
3.4 Gift and Promotional Codes
Paysecurely
Online or our partners may offer gift and promotional codes to students.
Certain codes may be redeemed for gift or promotional credits applied to your Paysecurely
Online account, which then may be used to purchase eligible content on our
platform, subject to the terms included with your codes. Other codes may be
directly redeemable for specific content. Gift and promotional credits can’t be
used for purchases in our mobile or TV applications. These codes and credits,
as well as any promotional value linked to them, may expire if not used within
the period specified in your Paysecurely Online account. Gift and promotional
codes offered by Paysecurely Online may not be refunded for cash, unless
otherwise specified in the terms included with your codes or as required by
applicable law. Gift and promotional codes offered by a partner are subject to
that partner’s refund policies. If you have multiple saved credit amounts, Paysecurely
Online may determine which of your credits to apply to your purchase. Check out
our Support Page and any terms included with your codes for more details.
4.
Content and Behavior Rules
You
can only use Paysecurely Online for lawful purposes. You’re responsible for all
the content that you post on our platform. You should keep the reviews,
questions, posts, courses and other content you upload in line with our Trust
& Safety Guidelines and the law, and respect the intellectual property
rights of others. We can ban your account for repeated or major offenses. If
you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful
purposes. Your use of the Services and behavior on our platform must comply
with applicable local or national laws or regulations of your country. You are
solely responsible for the knowledge of and compliance with such laws and
regulations that are applicable to you. If you are a student, the Services
enable you to ask questions to the instructors of courses or other content you
are enrolled in, and to post reviews of content. For certain content, the
instructor may invite you to submit content as “homework” or tests. Don’t post
or submit anything that is not yours. If you are an instructor, you can submit
content for publication on the platform and you can also communicate with the
students who have enrolled in your courses or other content. In both cases, you
must abide by the law and respect the rights of others: you cannot post any
course, question, answer, review or other content that violates applicable
local or national laws or regulations of your country. You are solely
responsible for any courses, content, and actions you post or take via the
platform and Services and their consequences. Make sure you understand all the
copyright restrictions set forth in the Instructor Terms before you submit any
content for publication on Paysecurely Online.
If
we are put on notice that your course or content violates the law or the rights
of others (for example, if it is established that it violates intellectual property
or image rights of others, or is about an illegal activity), if we discover
that your content or behavior violates our Trust & Safety Guidelines, or if
we believe your content or behavior is unlawful, inappropriate, or
objectionable (for example if you impersonate someone else), we may remove your
content from our platform. Paysecurely Online complies with copyright laws.
Check out our Intellectual Property Policy for more details. Paysecurely Online
has discretion in enforcing these Terms and our Trust & Safety Guidelines.
We may restrict or terminate your permission to use our platform and Services
or ban your account at any time, with or without notice, for any or no reason,
including for any violation of these Terms, if you fail to pay any fees when
due, for fraudulent chargeback requests, upon the request of law enforcement or
government agencies, for extended periods of inactivity, for unexpected
technical issues or problems, if we suspect that you engage in fraudulent or
illegal activities, or for any other reason in our sole discretion. Upon any
such termination we may delete your account and content, and we may prevent you
from further access to the platforms and use of our Services. Your content may
still be available on the platforms even if your account is terminated or
suspended. You agree that we will have no liability to you or any third party
for termination of your account, removal of your content, or blocking of your
access to our platforms and services. If a user has published content that
infringes your copyright or trademark rights, please let us know. Our
Instructor Terms require our instructors to follow the law and respect the
intellectual property rights of others. For more details on how to file a
copyright or trademark infringement claim with us, see our Intellectual
Property Policy.
5. Paysecurely
Online’s Rights to Content You Post
You
retain ownership of content you post to our platform, including your courses.
We’re allowed to share your content to anyone through any media, including
promoting it via advertising on other websites. The content you post as a
student or instructor (including courses) remains yours. By posting courses and
other content, you allow Paysecurely Online to reuse and share it but you do
not lose any ownership rights you may have over your content. If you are an
instructor, be sure to understand the content licensing terms that are detailed
in the Instructor Terms. When you post content, comments, questions, reviews,
and when you submit to us ideas and suggestions for new features or
improvements, you authorize Paysecurely Online to use and share this content
with anyone, distribute it and promote it on any platform and in any media, and
to make modifications or edits to it as we see fit. In legal language, by
submitting or posting content on or through the platforms, you grant us a
worldwide, non-exclusive, royalty-free license (with the right to sublicense)
to use, copy, reproduce, process, adapt, modify, publish, transmit, display,
and distribute your content (including your name and image) in any and all
media or distribution methods (existing now or later developed). This includes
making your content available to other companies, organizations, or individuals
who partner with Paysecurely Online for the syndication, broadcast,
distribution, or publication of content on other media, as well as using your
content for marketing purposes. You also waive any rights of privacy,
publicity, or other rights of a similar nature applicable to all these uses, to
the extent permissible under applicable law. You represent and warrant that you
have all the rights, power, and authority necessary to authorize us to use any
content that you submit. You also agree to all such uses of your content with
no compensation paid to you.
6.
Using Paysecurely Online at Your Own Risk
Anyone
can use Paysecurely Online to create and publish content and instructors and we
enable instructors and students to interact for rental payment and utility bill payment. Like
other platforms where people can post content and interact, some things can go
wrong, and you use Paysecurely Online at your own risk. Our platform model
means we do not review or edit the content for legal issues, and we are not in
a position to determine the legality of content. We do not exercise any
editorial control over the content that is available on the platform and, as
such, do not guarantee in any manner the reliability, validity, accuracy, or
truthfulness of the content. If you access content, you rely on any information
provided by an instructor at your own risk. By using the Services, you may be
exposed to content that you consider offensive, indecent, or objectionable. Paysecurely
Online has no responsibility to keep such content from you and no liability for
your access or enrollment in any course or other content, to the extent
permissible under applicable law. This also applies to any content relating to
health, wellness, and physical exercise. You acknowledge the inherent risks and
dangers in the strenuous nature of these types of content, and by accessing
such content you choose to assume those risks voluntarily, including risk of
illness, bodily injury, disability, or death. You assume full responsibility
for the choices you make before, during, and after your access to the content.
When you interact directly with a student or an instructor, you must be careful
about the types of personal information that you share. While we restrict the
types of information instructors may request from students, we do not control
what students and instructors do with the information they obtain from other
users on the platform. You should not share your email or other personal
information about you for your safety. We do not hire or employ instructors nor
are we responsible or liable for any interactions involved between instructors
and students. We are not liable for disputes, claims, losses, injuries, or
damage of any kind that might arise out of or relate to the conduct of
instructors or students. When you use our Services, you will find links to
other websites that we don’t own or control. We are not responsible for the
content or any other aspect of these third-party sites, including their
collection of information about you. You should also read their terms and
conditions and privacy policies.
7. Paysecurely
Online’s Rights
We
own the Paysecurely Online platform and Services, including the website,
present or future apps and services, and things like our logos, API, code, and
content created by our employees. You can’t tamper with those or use them
without authorization. All right, title, and interest in and to the Paysecurely
Online platform and Services, including our website, our existing or future
applications, our APIs, databases, and the content our employees or partners
submit or provide through our Services (but excluding content provided by
instructors and students) are and will remain the exclusive property of Paysecurely
Online and its licensors. Our platforms and services are protected by
copyright, trademark, and other laws of both the United States and foreign
countries. Nothing gives you a right to use the Paysecurely Online name or any
of the Paysecurely Online trademarks, logos, domain names, and other
distinctive brand features. Any feedback, comments, or suggestions you may
provide regarding Paysecurely Online or the Services is entirely voluntary and
we will be free to use such feedback, comments, or suggestions as we see fit
and without any obligation to you. You may not do any of the following while
accessing or using the Paysecurely Online platform and Services: access, tamper
with, or use non-public areas of the platform (including content storage), Paysecurely
Online’s computer systems, or the technical delivery systems of Paysecurely Online’s
service providers. disable, interfere with, or try to circumvent any of the
features of the platforms related to security or probe, scan, or test the
vulnerability of any of our systems. copy, modify, create a derivative work of,
reverse engineer, reverse assemble, or otherwise attempt to discover any source
code of or content on the Paysecurely Online platform or Services. access or
search or attempt to access or search our platform by any means (automated or
otherwise) other than through our currently available search functionalities
that are provided via our website, mobile apps, or API (and only pursuant to
those API terms and conditions). You may not scrape, spider, use a robot, or
use other automated means of any kind to access the Services. in any way use
the Services to send altered, deceptive, or false source-identifying
information (such as sending email communications falsely appearing as Paysecurely
Online); or interfere with, or disrupt, (or attempt to do so), the access of
any user, host, or network, including, without limitation, sending a virus,
overloading, flooding, spamming, or mail-bombing the platforms or services, or
in any other manner interfering with or creating an undue burden on the
Services.
8.
Subscription Terms
This section covers additional terms that apply
to your use of our subscription-based collections as a student (“Subscription
Plans”). By using a Subscription Plan, you agree to the additional terms in
this section. Note that use of Paysecurely Online Business is not subject to
these Terms, but is instead governed by the agreement between Paysecurely
Online and the subscribing organization.
8.1 Subscription Plans
During
your subscription to a Subscription Plan, you get a limited, non-exclusive,
non-transferable license from us to access and view the content included in
that Subscription Plan via the Services. With the exception of the lifetime
access license grant, the terms included in the “Content Enrollment and
Lifetime Access” section above apply to enrollments via Subscription Plans. The
subscription that you purchase or renew determines the scope, features, and
price of your access to a Subscription Plan. You may not transfer, assign, or
share your subscription with anyone else. We reserve the right to revoke any
license to use the content in our Subscription Plans for legal or policy
reasons at any time and at our sole discretion, such as if we no longer have
the right to offer the content through a Subscription Plan. Additional
information on our right to revoke is included in the “Content Enrollment and
Lifetime Access” section.
8.2 Account Management
You
may cancel your subscription by following the steps outlined on our Support
Page. If you cancel your subscription to a Subscription Plan, your access to
that Subscription Plan will automatically end on the last day of your billing
period. On cancellation, you will not be entitled to receive a refund or credit
of any fees already paid for your subscription, unless otherwise required by
applicable law. For clarity, cancellation of a subscription does not terminate
your Paysecurely Online account.
8.3 Free Trials & Renewals
Your
subscription may start with a free trial. The duration of the free trial period
of your subscription will be specified during sign-up. Paysecurely Online
determines free trial eligibility at our sole discretion and may limit
eligibility or duration. We reserve the right to terminate the free trial and
suspend your subscription if we determine that you aren’t eligible. We will
charge the subscription fee for your next billing cycle at the end of the free
trial period. Your subscription will automatically renew according to your
subscription settings (e.g., monthly or annually) unless you cancel your
subscription prior to the end of the free trial period. For more information on
how to view applicable fees and dates of your free trial period, visit our
Support Page.
8.4 Payments and Billing
The
subscription fee will be listed at the time of your purchase. You can visit our
Support Page to more about where to find the fees and dates applicable to
your subscription. We may also be required to add taxes to your subscription
fee as described in the “Payments, Credits, and Refunds” section above.
Payments are non-refundable and there are no refunds or credits for partially
used periods, unless otherwise required by applicable law. Depending on where
you are located, you may qualify for a refund. See our Refund Policy for
Subscription Plans for additional information. To subscribe to a Subscription
Plan, you must provide a payment method. By subscribing to a Subscription Plan
and providing your billing information during checkout, you grant us and our
payment service providers the right to process payment for the then-applicable
fees via the payment method we have on record for you. At the end of each subscription
term, we will automatically renew your subscription for the same length of term
and process your payment method for payment of the then-applicable fees. In the
event that we update your payment method using information provided by our
payment service providers (as described in the “Payments, Credits, and Refunds”
section above), you authorize us to continue to charge the then-applicable fees
to your updated payment method. If we are unable to process payment through the
payment method we have on file for you, or if you file a chargeback disputing
charges made to your payment method and the chargeback is granted, we may
suspend or terminate your subscription. We reserve the right to change our
Subscription Plans or adjust pricing for our Services at our sole discretion.
Any price changes or changes to your subscription will take effect following
notice to you, except as otherwise required by applicable law.
8.5 Subscription Disclaimers
We
make no guarantees as to the availability of any specific content in any
Subscription Plan or as to any minimum amount of content in any Subscription
Plan. At any point in the future, we reserve the right to offer or cease to
offer additional features to any Subscription Plan, or to otherwise modify or terminate
a Subscription Plan at our sole discretion. These disclaimers are in addition
to those listed in the “Disclaimers” section below.
9.
Miscellaneous Legal Terms
These Terms are like any other contract, and
they have boring but important legal terms that protect us from the countless
things that could happen and that clarify the legal relationship between us and
you.
9.1 Binding Agreement
You
agree that by registering, accessing, or using our Services, you are agreeing
to enter into a legally binding contract with Paysecurely Online. If you do not
agree to these Terms, do not register, access, or otherwise use any of our
Services. If you are an instructor accepting these Terms and using our Services
on behalf of a company, organization, government, or other legal entity, you
represent and warrant that you are authorized to do so. Any version of these
Terms in a language other than English is provided for convenience and you
understand and agree that the English language will control if there is any
conflict. These Terms (including any agreements and policies linked from these
Terms) constitute the entire agreement between you and us (which include, if
you are an instructor, the Instructor Terms and the Promotions Policy). If any
part of these Terms is found to be invalid or unenforceable by applicable law,
then that provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of these Terms will continue in effect. Even if we are delayed in
exercising our rights or fail to exercise a right in one case, it doesn’t mean
we waive our rights under these Terms, and we may decide to enforce them in the
future. If we decide to waive any of our rights in a particular instance, it
doesn’t mean we waive our rights generally or in the future. The following
sections shall survive the expiration or termination of these Terms: Sections 2
(Content Enrollment and Lifetime Access), 5 (Paysecurely Online’s Rights to
Content You Post), 6 (Using Paysecurely Online at Your Own Risk), 7 (Paysecurely
Online’s Rights), 8.5 (Subscription Disclaimers), 9 (Miscellaneous Legal
Terms), and 10 (Dispute Resolution).
9.2 Disclaimers
It
may happen that our platform is down, either for planned maintenance or because
something goes down with the site. It may happen that one of our instructors is
making misleading statements in their content. It may also happen that we encounter
security issues. These are just examples. You accept that you will not have any
recourse against us in any of these types of cases where things don’t work out
right. In legal, more complete language, the Services and their content are
provided on an “as is” and “as available” basis. We (and our affiliates,
suppliers, partners, and agents) make no representations or warranties about
the suitability, reliability, availability, timeliness, security, lack of
errors, or accuracy of the Services or their content, and expressly disclaim
any warranties or conditions (express or implied), including implied warranties
of merchantability, fitness for a particular purpose, title, and
non-infringement. We (and our affiliates, suppliers, partners, and agents) make
no warranty that you will obtain specific results from use of the Services.
Your use of the Services (including any content) is entirely at your own risk.
Some jurisdictions don’t allow the exclusion of implied warranties, so some of
the above exclusions may not apply to you. We may decide to cease making
available certain features of the Services at any time and for any reason.
Under no circumstances will Paysecurely Online or its affiliates, suppliers,
partners or agents be held liable for any damages due to such interruptions or
lack of availability of such features. We are not responsible for delay or
failure of our performance of any of the Services caused by events beyond our
reasonable control, like an act of war, hostility, or sabotage; natural
disaster; electrical, internet, or telecommunication outage; or government
restrictions.
9.3 Limitation of Liability
There
are risks inherent to using our Services, for example, if you access health and
wellness content like yoga, and you injure yourself. You fully accept these
risks and you agree that you will have no recourse to seek damages against even
if you suffer loss or damage from using our platform and Services. In legal,
more complete language, to the extent permitted by law, we (and our group
companies, suppliers, partners, and agents) will not be liable for any
indirect, incidental, punitive, or consequential damages (including loss of
data, revenue, profits, or business opportunities, or personal injury or
death), whether arising in contract, warranty, tort, product liability, or
otherwise, and even if we’ve been advised of the possibility of damages in
advance. Our liability (and the liability of each of our group companies,
suppliers, partners, and agents) to you or any third parties under any
circumstance is limited to the greater of one hundred dollars ($100) or the
amount you have paid us in the twelve (12) months before the event giving rise
to your claims. Some jurisdictions don’t allow the exclusion or limitation of
liability for consequential or incidental damages, so some of the above may not
apply to you.
9.4 Indemnification
If
you behave in a way that gets us in legal trouble, we may exercise legal
recourse against you. You agree to indemnify, defend (if we so request), and
hold harmless Paysecurely Online, our group companies, and their officers,
directors, suppliers, partners, and agents from an against any third-party
claims, demands, losses, damages, or expenses (including reasonable attorney
fees) arising from (a) the content you post or submit, (b) your use of the
Services (c) your violation of these Terms, or (d) your violation of any rights
of a third party. Your indemnification obligation will survive the termination
of these Terms and your use of the Services.
9.5 Governing Law and Jurisdiction
When
these Terms mention “Paysecurely Online,” they’re referring to the Paysecurely
Online entity that you’re contracting with. If you’re a student, your
contracting entity and governing law will generally be determined based on your
location. If you’re a student located in India, you’re contracting with Paysecurely
Online India LLP and these Terms are governed by the laws of India, without
reference to its choice or conflicts of law principles, and you consent to the
exclusive jurisdiction and venue of the courts in Delhi, India. If you’re a
student located in a geographical region other than India, or if you’re
accessing our Services as an instructor, you’re contracting with Paysecurely
Online, Inc. and these Terms are governed by the laws of the State of
California, USA without reference to its choice or conflicts of law principles.
In cases where the “Dispute Resolution” section below doesn’t apply to you, you
consent to the exclusive jurisdiction and venue of federal and state courts in
San Francisco, California, USA.
9.6 Legal Actions and Notices
No
action, regardless of form, arising out of or relating to this Agreement may be
brought by either party more than one (1) year after the cause of action has
accrued, except where this limitation cannot be imposed by law. Any notice or
other communication to be given hereunder will be in writing and given by
registered or certified mail return receipt requested, or email (by us to the
email associated with your account or by you to notices @paysecurely.online.
9.7 Relationship Between Us
You
and we agree that no joint venture, partnership, employment, contractor, or
agency relationship exists between us.
9.8 No Assignment
You
may not assign or transfer these Terms (or the rights and licenses granted
under them). For example, if you registered an account as an employee of a
company, your account cannot be transferred to another employee. We may assign
these Terms (or the rights and licenses granted under them) to another company
or person without restriction. Nothing in these Terms confers any right,
benefit, or remedy on any third-party person or entity. You agree that your
account is non-transferable and that all rights to your account and other
rights under these Terms terminate upon your death.
9.9 Sanctions and Export Laws
You
warrant that you (as an individual or as a representative of any entity on
whose behalf you use the Services) aren’t located in, or a resident of, any
country that is subject to applicable U.S. trade sanctions or embargoes (such
as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You
also warrant that you aren’t a person or entity who is named on any U.S.
government specially designated national or denied-party list. If you become
subject to such a restriction during the term of any agreement with Paysecurely
Online, you will notify us within 24 hours, and we will have the right to
terminate any further obligations to you, effective immediately and with no
further liability to you (but without prejudice to your outstanding obligations
to Paysecurely Online). You may not access, use, export, re-export, divert,
transfer or disclose any portion of the Services or any related technical
information or materials, directly or indirectly, in violation of any United
States and other applicable country export control and trade sanctions laws,
rules and regulations. You agree not to upload any content or technology
(including information on encryption) whose export is specifically controlled
under such laws.
10.
Dispute Resolution
If there’s a dispute, our Support Team is happy
to help resolve the issue. If that doesn’t work and you live in the United
States or Canada, your options are to go to small claims court or bring a claim
in binding arbitration; you may not bring that claim in another court or
participate in a non-individual class action claim against us. This Dispute
Resolution section applies only if you live in the United States or Canada. Most
disputes can be resolved, so before bringing a formal legal case, please first
try contacting our Support Team.
10.1 Small Claims
Either
of us can bring a claim in small claims court in (a) San Francisco, California,
(b) the county where you live, or (c) another place we both agree on, as long
as it qualifies to be brought in that court.
10.2 Going to Arbitration
If
we can’t resolve our dispute amicably, you and Paysecurely Online agree to
resolve any claims related to these Terms (or our other legal terms) through
final and binding arbitration, regardless of the type of claim or legal theory.
If one of us brings a claim in court that should be arbitrated and the other
party refuses to arbitrate it, the other party can ask a court to force us both
to go to arbitration (compel arbitration). Either of us can also ask a court to
halt a court proceeding while an arbitration proceeding is ongoing.
10.3 The Arbitration Process
Any
disputes that involve a claim of less than $10,000 USD must be resolved
exclusively through binding non-appearance-based arbitration. A party electing
arbitration must initiate proceedings by filing an arbitration demand with the
American Arbitration Association (AAA). The arbitration proceedings shall be
governed by the AAA Commercial Arbitration Rules, Consumer Due Process
Protocol, and Supplementary Procedures for Resolution of Consumer-Related
Disputes. You and we agree that the following rules will apply to the
proceedings: (a) the arbitration will be conducted by telephone, online, or
based solely on written submissions (at the choice of the party seeking
relief); (b) the arbitration must not involve any personal appearance by the
parties or witnesses (unless we and you agree otherwise); and (c) any judgment
on the arbitrator’s rendered award may be entered in any court with competent
jurisdiction. Disputes that involve a claim of more than $10,000 USD must be
resolved per the AAA’s rules about whether the arbitration hearing has to be
in-person.
10.4 No Class Actions
We
both agree that we can each only bring claims against the other on an
individual basis. This means: (a) neither of us can bring a claim as a
plaintiff or class member in a class action, consolidated action, or
representative action; (b) an arbitrator can’t combine multiple people’s claims
into a single case (or preside over any consolidated, class, or representative
action); and (c) an arbitrator’s decision or award in one person’s case can
only impact that user, not other users, and can’t be used to decide other
users’ disputes. If a court decides that this “No class actions” clause isn’t
enforceable or valid, then this “Dispute Resolution” section will be null and
void, but the rest of the Terms will still apply.
10.5 Changes
Notwithstanding
the “Updating these Terms” section below, if Paysecurely Online changes this
"Dispute Resolution" section after the date you last indicated
acceptance to these Terms, you may reject any such change by providing Paysecurely
Online written notice of such rejection by mail or hand delivery to Paysecurely
Online Attn: Legal, 600 Harrison Street, 3rd Floor, San Francisco, CA 94107, or
by email from the email address associated with your Account to notices@paysecurely.online,
within 7 days of the date such change became effective, as indicated by the
"last updated on" language above. To be effective, the notice must
include your full name and clearly indicate your intent to reject changes to
this "Dispute Resolution" section. By rejecting changes, you are
agreeing that you will arbitrate any dispute between you and Paysecurely Online
in accordance with the provisions of this "Dispute Resolution"
section as of the date you last indicated acceptance to these Terms.
11.
Updating These Terms
From
time to time, we may update these Terms to clarify our practices or to reflect
new or different practices (such as when we add new features), and Paysecurely
Online reserves the right in its sole discretion to modify and/or make changes
to these Terms at any time. If we make any material change, we will notify you
using prominent means, such as by email notice sent to the email address
specified in your account or by posting a notice through our Services.
Modifications will become effective on the day they are posted unless stated
otherwise. Your continued use of our Services after changes become effective
shall mean that you accept those changes. Any revised Terms shall supersede all
previous Terms.
12.
How to Contact Us
The
best way to get in touch with us is to contact our Support Team. We’d love to
hear your questions, concerns, and feedback about our Services. Thanks for rental payment and utility bill payment with us!