TERMS AND CONDITIONS OF USE
Mobile Wallet User General Terms & Conditions
By applying for a PayToo ® Mobile Wallet, you acknowledge reading the User General Terms & Conditions, and hereby accept these terms of this agreement (“Agreement”) with no restrictions. The information provided on this website provides a general summary of all services offered by PayToo Corp. Some of these services are not available internationally in all countries, (such as money transfer or bill payment which are only available in certain countries).
These General Terms & Conditions also apply to any PayToo Direct Payroll Services if eligible.
Notice to US Residents: Your PayToo Mobile Wallet will be issued by First Financial Credit Union & Trust (“FFCUT”), a Delaware Statutory Trust.
Participation in PayToo ® Direct Payroll Services
In order to participate in PayToo Direct Payroll Services Direct Deposit program, you must fill out the required form on this website. Registration in the program provides PayToo Direct Payroll Services with the critical information needed to make direct deposits to your PayToo Mobile Wallet. Accordingly, if you issue an instruction to us in which the employer’s name is incorrect, we are not responsible for such errors and you understand that your payroll will not be timely processed. If you issue an instruction to us in which you identify a name and a social security number, which is for a different person that your employer has on file, you understand that we may rely on your instruction as the proper designation and you agree to hold us harmless. Accordingly, you agree to compensate us for any loss and expense incurred by us as a result of such reliance on such number in executing or attempting to execute your direct deposit. When your instructions for direct deposit are received, we will implement the direct deposit process by generating a “Direct Deposit Instruction Form” which you agree to provide to your employer and to instruct your employer to either fax the form back to us or email it at email@example.com at least ten (10) business days prior to the first transmission of an actual deposit.
1.1 In this Agreement, “PayToo,” “we,” “us,” and/or “our” means PayToo Corp., “you,” “your,” “PayToo Mobile Wallet User” or “PayToo User” means any person or entity (“Users”) using a service that enables the right to use the PayToo Platform via a PayToo Mobile Wallet (the "Service"). Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" also include Visa and MasterCard-branded debit cards.
1.2 The PayToo User acknowledges that PayToo is not a bank and the PayToo computer platform is an Electronic Data Interchange (“EDI”), Electronic Warehouse Exchange (“EWE”) that connects to a network of third party payment processing service providers and Money Service Businesses rather than a banking service. By initiating and sending payments through the service or adding funds to your balance. Through the Website, you may provide instructions to subtract the funds or move the funds to a third party, in each case it is subject to the terms and restrictions of this Agreement.
The PayToo User's use of the Services will not in any respect modify any of the terms, conditions, or restrictions contained in the license agreement or other agreements by which the PayToo User initially acquired rights to use the product or Service. The use of PayToo products and services shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the Service Agreement. PayToo acts as a facilitator for PayToo Mobile Wallet Users and other authorized third-party Users. We act as the User’s agent based upon the PayToo User’s requests to use our products or services that require us to perform tasks on their behalf.
To use the Service you must have a GSM or CDMA Mobile service (your own Mobile cell provider) and register for a PayToo mobile wallet PayToo Mobile Wallet directly on Paytoo.com. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Our Service is not available to persons who are suspended from our Service, or to persons who present an unacceptable level of fraud, regulatory or credit risk.
3.1 The Legal Relationship between You and PayToo Mobile Wallet.
3.1 (a) Agency Relationship. PayToo Mobile Wallet acts as a facilitator to help you accept payments from, and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. At all times, PayToo Mobile Wallet will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) PayToo Mobile Wallet is not a bank and the Service is a payment processing service rather than a banking service, and (ii) PayToo Mobile Wallet is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. You are not required to keep funds in the PayToo Mobile Wallet system (i.e., carry a balance in your PayToo Mobile Wallet PayToo Mobile Wallet) to use the Service. If you do carry a balance in your PayToo Mobile Wallet PayToo Mobile Wallet, PayToo Mobile Wallet will pool your funds together with funds from other Users (« Pooled PayToo Mobile Wallet »). Those funds shall be held with an Official Registered Banking institution (The Bank) in a non-interest bearing account. By initiating and sending payments through the Service or adding funds to your balance, you appoint PayToo Mobile Wallet as your agent to obtain the funds on your behalf and to move the funds to the recipient that you designate or to the Pooled Account, subject to the terms and restrictions of this Agreement. PayToo Mobile Wallet will obtain the funds first by debiting your funds from the Pooled PayToo Mobile Wallet. If your availability within the shared resource PayToo Service Platform is not sufficient to fund the requested payment in full, PayToo Mobile Wallet will not process your request, or any portion thereof. By receiving payments through the Service, you appoint PayToo Mobile Wallet as your agent to cause the funds to be deposited on your behalf in the Pooled PayToo Mobile Wallet until you give PayToo Mobile Wallet further instructions about the transmission of your funds. Via SMS instructions from your mobile phone to us, or through the PayToo Mobile Wallet website or other means as PayToo Mobile Wallet makes available from time to time, you may provide instructions to withdraw the funds or move the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through PayToo Mobile Wallet but you have not registered for the Service, PayToo Mobile Wallet will not become your agent and you will have no claim to those funds unless and until you register for the Service. By registering for the Service, you indicate your acceptance of the payment.
3.2. PayToo Mobile Wallet is only a Payment Service Provider. PayToo Mobile Wallet acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet and accessible via a mobile phone. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.
4. Identity Authentication
We use many techniques to identify our users when they register on our website. Verification of users is only an indication of increased likelihood that a user's identity is correct. You authorize PayToo Mobile Wallet, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, PayToo makes a good faith effort to validate its customer’s identity. In the event that PayToo does not gain a reasonable assurance of a customer’s identity, the wallet account may be denied.
5. Mobile Wallet Information Policies
Use of the PayToo computer processing platform, products or services make each and every User responsible and liable of maintaining updated and complete contact information in the User’s profile at all times. Any Mobile Wallet found at anytime not to have such information in the profile of the Mobile Wallet will have the Mobile Wallet suspended and all funds frozen for a period of one hundred and eighty (180) days to protect against any future chargebacks or fraud.
If you have a dispute with one or more users, you release PayToo Mobile Wallet (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
7. No Warranty.
WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PayToo Mobile Wallet shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank PayToo Mobile Wallets, and credit or debit cards or other funds moves are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the banking system mobile telephone networks or internet. The PayToo Wallet User assumes all the risks associated with the results and performance of the product and services. PayToo is not liable to any PayToo User for any consequential or incidental damages arising from the breach of any payments or contracts, the failure of delivery, delay in delivery, delivery in nonconforming condition, the use of the service and/or the product or for any other breach of contract or duty between PayToo and the PayToo User. PayToo has no obligation to provide the services available on its platform and has no liability to the PayToo User in the event PayToo is unable to provide such services. PayToo has sole discretion to determine the processes of how to make payments and to change such methods of payment or operations as it sees fit. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or country to country.
8. Limitation of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARE ZERO PERCENT (0%). IN JURISDICTIONS WHERE IT IS NOT LEGAL TO PLACE A LIMIT ON LIABILITY, OUR LIABILITY WILL NOT EXCEED THE ACTUAL AMOUNT OF DIRECT DAMAGES.
8.1 Indemnification. You agree to indemnify and hold PayToo Mobile Wallet, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
8.2 Purchase Advisory. PayToo assumes no responsibility for any and all purchases made through the PayToo system. Anytime PayToo Mobile Wallet Users make a purchase of a product or service they are doing so at their own risk. By signing up and joining PayToo, all Users hereby agree in full that PayToo and all its subsidiaries, officers, directors, employees, owners, agents and affiliates, are released from any liability of losses Users may incur when using this service. Users completely indemnify PayToo and waive all their rights to file in the past, present or future, any legal action of any type against PayToo, its owners, officers, employees and affiliates and agree that neither PayToo, its officers, directors, employees, owners, agents or affiliates will not be named by any User or any other person, law firm, lawyer, former lawyer, that represents a User or user in any legal actions past, present, or future or any other actions of any sort IN ANY APPROPRIATE COURT IN ANY COUNTRY. You, the PayToo User or anyone that represents you shall NEVER in any case seek monetary reimbursement from PayToo in any shape form or fashion, in ANY capacity due to our processing of payments for any of the merchants or companies using the PayToo system. PayToo is only a payment processor. PayToo has no control over any affiliate’s daily business operations. PayToo does not and will not issue refunds for any purchases made using PayToo. Users must contact the merchant or the company providing the service or product purchased using PayToo. Knowingly and intentionally denying any credit or debit card transaction, bank wire or direct bank move used to fund with a PayToo Mobile Wallet with a User’s specific authorization constitutes fraud and violates the laws governing this contract. Any such action will be prosecuted to the maximum extent allowable.
8.3 Liability for Violations of the Unacceptable Use Policy. If you engage in the following behavior, PayToo Mobile Wallet may fine you, as explained below.
8.4 Unacceptable Use Policy
- i. Using the PayToo Mobile Wallet service to receive and make payments for any sexually oriented or obscene materials or services.
- ii. Using the PayToo Mobile Wallet service to receive and make payments for any narcotics, other controlled substances, steroids or prescription drugs.
- iii. Using the PayToo Mobile Wallet service to receive and make payments for illegal wagers, illegal gambling debts or illegal gambling winnings, regardless of the location.
- iv. Using the PayToo Mobile Wallet system to harass other users.
- v. Using the PayToo Mobile Wallet service to launder money.
- vi. Any act of terrorism, violence or harm.
You and PayToo Mobile Wallet agree that the damages that PayToo Mobile Wallet will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then PayToo Mobile Wallet may fine you $1,000 (One Thousand U.S. Dollars) and/or PayToo Mobile Wallet may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $1,000 (One Thousand U.S. Dollars) is presently a reasonable minimum estimate of PayToo Mobile Wallet’s damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to PayToo Mobile Wallet that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult to be produced. You agree that PayToo Mobile Wallet is entitled to deduct such fines directly from any existing balance in the offending PayToo Mobile Wallet, or any other PayToo Mobile Wallet PayToo Mobile Wallet owned by you. If you use the PayToo Mobile Wallet service in a manner that violates the Acceptable Use Policy, including but not limited to the five categories described above, your PayToo Mobile Wallet will be subject to limitation or immediate termination.
You further understand that, if you use the PayToo Mobile Wallet service in a manner that violates the Acceptable Use Policy, including but not limited to the six categories described above, PayToo Mobile Wallet may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this User Agreement (currently Section 10.2), you acknowledge liability to PayToo Mobile Wallet for any and all damages suffered by PayToo Mobile Wallet. Without limiting the foregoing, you agree to reimburse PayToo Mobile Wallet for any and all costs, expenses, and fines levied on PayToo Mobile Wallet by its payment processors and/or service providers as a result of your activities.
You agree that, if either you or PayToo Mobile Wallet commences litigation or arbitration in connection with this paragraph, the party that succeeds is entitled to recover reasonable legal fees and any other costs incurred in such a proceeding in addition to any other relief to which the prevailing party may be entitled.
9. Unacceptable Merchant Websites
PayToo does NOT accept pharmaceutical, tobacco, firearms, illegal gambling and lottery or casino businesses and pyramid organization or affiliation business.
PayToo Mobile Wallet Users shall not use the products or services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction.
11. Anti-Money Laundering Policy (“AML”)
PayToo fully participates and abides by all government regulated anti-money laundering policies Users wishing to use certain features of their Mobile Wallet will be required to verify their identity via government-issued picture identification or other appropriate documentation as required in the profile identification area. All submitted documentation is held in the strictest confidence. However, in cases of intentional abuse, any User participating, abetting or assisting in fraudulent and/or attempted fraudulent activities relinquishes any and all rights to privacy of personal information. PayToo reserves the right to terminate a relationship at any time for cause or no cause.
All user fees are set forth in the Fee Schedule in the PayToo Mobile Wallet. Your PayToo Mobile Wallet and all transactions are made and displayed in US Dollars or in EUROs currency. Fees can be found in your debit card packaging or accessible on www.paytoo.com/rates
13. Receiving Payments
13.1 Credit Card / Debit Card Deposit. By accepting a credit card or Visa Debit Card Deposit, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a credit card-funded deposit made to your PayToo Mobile Wallet, we will reverse the payment and debit your PayToo Mobile Wallet PayToo Mobile Wallet balance to pay for the reversal. If there are insufficient funds in your PayToo Mobile Wallet balance, you agree to reimburse PayToo Mobile Wallet through other means, immediately, with same-day value funds
13.2 Moves from another user. If another PayToo Mobile Wallet user moves funds from their PayToo Mobile Wallet PayToo Mobile Wallet to yours, those funds are subject to reversal terms of 8.1 if the original funds came from a Credit Card / Debit Card deposit.
14. Sending Payments and PIN security
14.1 Sending Payments. If you send funds to a registered mobile phone, and the user is not registered with PayToo Mobile Wallet, we will phone the user and invite them to register. If they do not register within a reasonable time period, we will move the funds back to you, less a processing fee.
14.2 Cash Deposit. The daily threshold for cash deposits is $900.00.
14.2 To validate your PayToo Mobile Wallet, PayToo Mobile Wallet will phone you and at random. If the mobile phone you registered when setting up the PayToo Mobile Wallet is not available to receive this call, your PayToo Mobile Wallet may be closed.
14.3 Refused Payments. When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with PayToo Mobile Wallet. The recipient is free to return payments or, in some cases, to use the PayToo Mobile Wallet systems to refuse payments that you have sent. Any payments sent through PayToo Mobile Wallet that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the first working day after the date of such denial, or (b) 30 days after the date the payment is sent.
14.4 It is your responsibility to keep your PayToo Mobile Wallet 6 digits secure code secure. This includes but is not limited to your requirement to delete any reference to the PIN, which may save to your phone memory after a transaction.
14.5 Withdrawals. You can withdraw funds by direct deposit to the bank you have on file with us there is a withdrawal limit of $2,500 (Two Thousand and Five Hundred U.S. Dollars) per day.
14.6 Loss and illegal use of your Mobile Phone. If you lose your mobile phone, or if it is stolen, you must inform the PayToo Mobile Wallet call center as soon as possible to advise us of the loss. The PayToo Mobile Wallet operator will provide you a reference number.
14.7 Transaction fees - When you receive/send funds to/from your PayToo Mobile Wallet, transaction fees will apply and be deducted for the specified transaction based on the list of fees posted on the PayToo Website.
15 Your Information and *Restricted Activities*
15.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, shops or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.
15.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not:
- (a) be false, inaccurate or misleading,
- (b) be fraudulent or involve the sale of counterfeit or stolen items,
- (c) consist of providing yourself a cash advance from your credit card (or helping others to do so),
- (d) be related in any way to illegal gambling and/or illegal gaming activities, including but not limited to payment or the acceptance of payments for illegal wagers, gambling debts or illegal gambling winnings, regardless of the location of gambling activity (including illegal online and offline casinos, illegal sports wagering and illegal office pools),
- (e) violate PayToo Mobile Wallet's Acceptable Use Policy,
- (f) infringe any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy,
- (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising),
- (h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing,
- (i) be obscene or contain child pornography,
- (j) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.
- (k) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- (l) perpetuate acts of terrorism violence or harm to another.
- If you use, or attempt to use, the Service for purposes other than sending and receiving payments and managing your PayToo Mobile Wallet, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your PayToo Mobile Wallet will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
15.4 Trademarks. « PayToo Mobile Wallet », « My PayToo Mobile Wallet », « we make your money mobile » and all related logos, products and services described in this website are either trademarks or registered trademarks of PayToo Mobile Wallet, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of PayToo Mobile Wallet. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayToo Mobile Wallet and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PayToo Mobile Wallet.
Notwithstanding the above, HTML logos provided by PayToo Mobile Wallet through its Website Payments features may be used without prior written consent for the purpose of directing web traffic to the Service. These logos must not be altered, modified, or changed in any way, or used in a manner that is disparaging to PayToo Mobile Wallet or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by PayToo Mobile Wallet. PayToo Mobile Wallet is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16. Privacy and Security
17. Termination or Closing Your PayToo Mobile Wallet.
17.1 How to Close Your Account. You can close your PayToo Mobile Wallet at any time by calling PayToo Mobile Wallet Customer Service. When a PayToo Mobile Wallet closes, any pending transactions will be cancelled. Any funds that we are holding for you at the time of closure, less any applicable fees, will be paid to you as per your instructions, within thirty (30) days, assuming all withdrawal-related authentication requirements have been fulfilled. You cannot use closure of your PayToo Mobile Wallet as a means of evading investigation: if an investigation is pending at the time you close your PayToo Mobile Wallet, PayToo Mobile Wallet may continue to hold your funds for up to one hundred and eighty (180) days as appropriate to protect PayToo Mobile Wallet against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, PayToo Mobile Wallet will release those funds to you. You will remain liable for all obligations related to your PayToo Mobile Wallet even after such PayToo Mobile Wallet is closed.
17.2 Limitations on Closing Your Account. Reports of unauthorized or unusual credit card use associated with the Mobile Wallet including, but not limited to, notice by the card-issuing bank. This includes:
- notices made by PayToo Mobile Wallet Users to their respective credit card / debit card issuing company that a transaction was unauthorized or that the Mobile Wallet was compromised, and is done in order to protect the PayToo User from further unauthorized use of their card;
- Reports of unauthorized or unusual usage associated with the bank Mobile Wallet;
- The Mobile Wallet has been used in or to facilitate fraudulent activity;
- Violations of this PayToo Terms and Conditions;
- Submitting modified and/or forged verification documents; or
- Any breach hereof.
PayToo will use reasonable efforts to investigate PayToo Mobile Wallets that are subject to Mobile Wallet access limitations and promptly reach a final decision on the limitations. If the PayToo Mobile Wallet is restricted, all funds will be held for a period of time until the issue can is resolved. However, depending on the reason of restriction, it may be held for a lesser period, which will be determined at the discretion of the Mobile Wallet Specialist. By following the PayToo Terms and Conditions, the PayToo User can help protect his/her Mobile Wallet access from being limited.
THIRD PARTY ACTIVITIES: BY ACCEPTING BELOW AND USING THIS SERVICE, I UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PAYTOO CORP. AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND OWNERS, (COLLECTIVELY "PAYTOO"), ALONG WITH ITS AGENTS AND AFFILIATES ARE NOT LIABLE FOR AND OTHERWISE RELEASE THEM FROM ANY LIABILITY RELATED TO ACTIONS OR INACTIONS OF THE MERCHANT, ANY BANK OR THIRD PARTY THAT RESULTS IN THE LOSS, LACK OF PAYMENT, INSUFFICIENT FUNDS, SUSPENSION OR ANY OTHER UNAVAILABILITY OF MONIES DUE TO ME OR OTHERWISE DESIGNATED FOR MY BENEFIT. I AGREE TO HOLD ONLY THE MERCHANT LIABLE FOR ANY SUCH LOSS, LACK OF PAYMENT, INSUFFICIENT FUNDS, SUSPENSION OR ANY OTHER UNAVAILABILITY. I UNDERSTAND THAT PAYTOO IS PROVIDING THE SERVICES AND TECHNOLOGY, AND NOT THE MONIES OR LIABILITY DUE TO ME OR OTHERWISE FOR MY BENEFIT.
17.3 Escheatment of Dormant Accounts. The account will be considered dormant after 6 months of inactivity and is subject to a dormancy fee. After 6 months of inactivity, your account will be charged a $5.00 fee for 18 months. After 24 months of inactivity, PayToo may close your account and send the Balance to your primary address or, if required, escheat (send) your balance to your state of residency. PayToo will determine your residency based on the state listed in your primary address. If your address is unknown or registered in a foreign country, your balance will be escheated to the state of Florida. Where required, PayToo will send you a notice prior to escheating or closing your account. If you fail to respond to this notice, your balance will be escheated to the applicable state. If you would like to claim any escheated balance from the state, please contact your state’s Unclaimed Property Administrator.
17.4 Death of Account Owner. Only the account owner can close their account, unless the owner is deceased. To close the account of someone who died, the estate executor needs to fax the following to (954) 900-3362:
- A cover sheet that states the account holder is deceased and the executor wants to close the PayToo Mobile Wallet;
- A copy of the death certificate for the account holder;
- A copy of the deceased account holder’s will or legal documentation that provides the information regarding the executor; and
- A copy of a photo ID of the executor.
The documentation will be reviewed, and if approved, the account will be closed. If there are funds in the account, a check will be issued in the account holder’s name.
18. Error Resolution Procedures
18.1 The term error includes:
- An unauthorized electronic fund transfer (“EFT”);
- An incorrect EFT to or from a PayToo Mobile Wallet User’s account;
- An omission of an EFT from a PayToo Mobile Wallet User’s periodic statement;
- A computational or bookkeeping error by us for an EFT;
- A PayToo Mobile Wallet User’s receipt of an incorrect amount of money from an electronic terminal (including but not limited to ATMs, point-of-sale terminals and cash-dispensing machines);
- An EFT that was not identified in accordance with 12 C.F.R. §1005.9 or §1005.10(a);
- The PayToo Mobile Wallet User’s request for documentation required by §1005.9 or §1005.10(a) or for additional information or clarification concerning an electronic fund transfer, including a request the Wallet User makes to determine whether one of the errors listed above actually exists.
The term error does not include:
- A routine inquiry about the PayToo Mobile Wallet User’s account balance;
- A requires for information for tax or other recordkeeping purposes; or
- A request for duplicate copies of documentation.
18.2-Notice of Error from User. PayToo must comply with §1005.11 error resolution procedures with respect to any notice of an error from the PayToo Mobile Wallet User that:
- Is received PayToo no later than 60 days after transmitting the periodic statement on which the error is reflected;
- Enables PayToo to identify the Wallet User’s name and account number;
- Indicates why the Wallet User believes an error exists; and
- Includes, to the extent possible, the type, date and amount of the error.
PayToo Mobile Wallet User’s can provide either written or oral notice. If a Wallet User provides oral notice, PayToo may require the User to provide written confirmation of the error within 10 business days after oral notice.
18.3 – Investigation Periods.
(a) 10 Business Days After Notice. Unless permitted a longer time period to investigate, PayToo has 10 business days after receiving notice from the consumer to investigate if an error occurred.
(b) 45 Calendar Days After Notice. If PayToo is unable to complete its investigation within 10 business days, it may extend the period to 45 calendar days from the receipt of noticed provided PayToo:
- Provisionally credits the Wallet User’s Account for the full amount of the alleged error plus interest, if any. However, PayToo may withhold a maximum of $50 of the amount credited if PayToo has a “reasonable basis” for believing an unauthorized EFT occurred and complies with the limitation on liability rules in §1005.6(a);
- Informs the Wallet User of the amount and date of the provisional crediting within two business days of the crediting; and
- Allows the User full use of the provisional funds during the investigation.
Extension of Time Periods. The applicable time is 20 business days instead of 10 days under paragraph (a) if the notice of error involves an EFT to or from the User’s account within 30 days after the first deposit into the User’s Wallet was made. The applicable time is 90 days in place of 45 days under paragraph (b) for completing an investigation, if a notice of error involves an EFT that:
- Was not initiated within a state;
- Resulted from a point-of-sale debit card transaction; or
- Occurred within 30 days after the first deposit into the User’s Wallet was made.
Investigation. With the exception of transfers covered by §1005.14, PayToo’s review of its own records regarding an alleged error satisfies the requirements of this section if:
- The alleged error concerns a transfer to or from a third party; and
- There is no agreement between PayToo and the third party for the type of EFT involved.
18.4. Procedures if PayToo determines no error or different error occurred. In addition to following procedures specified in paragraph 18.3 of this section, PayToo shall follow the procedures set forth in this paragraph if it determines that no error occurred or that an error occurred in a manner or amount different from that described by the consumer:
- Written Explanation: Paytoo’s report of the results of its investigation shall include a written explanation of the findings and shall note the Wallet User’s right to request the documents that PayToo relied on in making its determination. Upon request, PayToo shall promptly provide copies of the documents.
- Debiting Provisional Credit: Upon debiting a provisionally credited amount, PayToo shall:
- Notify the Wallet User of the date and amount of the debiting;
- Notify the Wallet User that PayToo will honor checks, drafts or similar instruments payable to third parties and preauthorized transfers from the Wallet User’s account (without charge to the Wallet user as a result of an overdraft) for five business days after the notification. PayToo shall honr items as specified in the notice, but need honor only items that it would have paid if the provisionally credited funds had not been debited.
19. Remedies and Rights of PayToo Mobile Wallet to Collect From You
Without limiting any other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your PayToo Mobile Wallet, limit funding sources and payments, limit access to an PayToo Mobile Wallet and any or all of the PayToo Mobile Wallet's functions (including but not limited to the ability to send money or making withdrawals from an the PayToo Mobile Wallet), limit withdrawals, indefinitely suspend or close your PayToo Mobile Wallet and refuse to provide our Services to you if:
- (a) you breach this Agreement or the documents it incorporates by reference,
- (b) we are unable to verify or authenticate any information you provide to us,
- (c) we believe that your PayToo Mobile Wallet or activities pose a significant credit or fraud risk to us,
- (d) we believe that your actions may cause financial loss or legal liability for you, our users or us or
- (e) your use of your PayToo Mobile Wallet PayToo Mobile Wallet is deemed by PayToo Mobile Wallet to constitute an abuse of the credit card system or a violation of credit card rules, including (without limitation), using the PayToo Mobile Wallet system to test credit card behaviors. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your PayToo Mobile Wallet PayToo Mobile Wallet, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank PayToo Mobile Wallet (for withdrawals). In addition, PayToo Mobile Wallet reserves the right to hold funds beyond the normal distribution periods for transactions it considers suspicious or for PayToo Mobile Wallets conducting high transaction volumes to ensure integrity of the funds. If we close your PayToo Mobile Wallet, we will provide you notice and pay you all of the unrestricted funds held in your PayToo Mobile Wallet PayToo Mobile Wallet. Additionally, to secure your performance of this Agreement, you grant to PayToo Mobile Wallet a lien on and security interest in your PayToo Mobile Wallet. In addition, you acknowledge that PayToo Mobile Wallet may offset against any PayToo Mobile Wallets you own for any obligation you owe PayToo Mobile Wallet at any time and for any reason allowed by law. These obligations include both secured and unsecured debts, and debts you owe individually or together with someone else. PayToo Mobile Wallet may consider this Agreement as your consent to PayToo Mobile Wallet asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to, and apart from, any other rights.
20. Assignment of PayToo Mobile Wallet Rights and Obligations
You cannot move any rights or obligations you may have under this Agreement without the prior written consent of PayToo Mobile Wallet. PayToo Mobile Wallet reserves the right to move this Agreement or any right or obligation under this Agreement without your consent. In the event that a PayToo User stops payment on a check, reverses a bank credit or wire transfer previously scheduled into your PayToo Mobile Wallet, the PayToo User will be charged a minimum of Twenty-Five Dollars ($25.00) USD or its equivalent in the designated local currency.
21. Money Management Software
PayToo will offer a free money management service for customers in the US. NEITHER PAYTOO NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. PAYTOO IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The money management service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the money management service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or financial advisers who are fully aware of your individual circumstances.
22. Legal Compliance
You shall comply with all applicable US, PR, UK, Australian and other international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
23.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your PayToo Mobile Wallet and/or your use of the Service ("Communication(s)"), may be provided to you electronically and you agree to receive all Communications from PayToo Mobile Wallet in electronic form. Electronic Communications may be posted on the pages within the PayToo Mobile Wallet website and/or delivered to your email address. You can print a copy of any Communication and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) working days after posting or dissemination, whether or not you have received or retrieved the Communication. PayToo Mobile Wallet reserves the right to provide Communications in paper format, but assumes no obligation to do so.
23.2 Credit Report. You agree that PayToo Mobile Wallet can order and review your credit report with the sole purpose of assessing your fitness to hold a PayToo Mobile Wallet PayToo Mobile Wallet and/or your ability to use the Service or features thereof.
23.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to PayToo Corp. at One East Broward Blvd, Suite 620, Fort Lauderdale, FL 33301, in the case of PayToo Mobile Wallet, or to our online message center or the email address you provided to PayToo Mobile Wallet during the registration process (in your case). Notice shall be deemed as given twenty four (24) hours after response or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to PayToo Mobile Wallet during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
24. Legal Disputes
If a dispute arises between you and PayToo Mobile Wallet, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PayToo Mobile Wallet agree that any controversy or claim at law or equity that arises out of this Agreement or PayToo Mobile Wallet's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by you and PayToo Mobile Wallet. Before resorting to these alternatives, PayToo Mobile Wallet strongly encourages users first to contact PayToo Mobile Wallet directly to seek a resolution. PayToo Mobile Wallet will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
24.1 DISPUTE RESOLUTION BY ARBITRATION
Binding Arbitration: If you and/or PayToo have a dispute with PayToo that is not resolved informally, you and PayToo agree that upon demand by either you or PayToo, the dispute will be resolved through an alternative dispute resolution process using binding arbitration. A “dispute” includes: Any unresolved disagreement between you and PayToo; any disagreement relating in any way to the service or related services or matters described in this PLATU; disagreements regarding your access to the service, access to your PayToo Wallet Mobile Wallet; claims based on broken promises or contracts, torts, or other wrongful actions; statutory, common law, and equitable claims, about the meaning, interpretation, application or enforceability of this PLATU and or this arbitration. Our right to binding arbitration shall survive any termination of your PayToo Wallet Mobile Wallet service.
YOU AGREE THAT YOU AND PAYTOO ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
As the sole exception to this arbitration agreement, PayToo retains the right to pursue in small claims court any dispute that is within that court’s jurisdiction. If either you or PayToo fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
Arbitration procedure: Each arbitration, including the selection of the arbitrator(s) shall be administered by the American Arbitration Association (“AAA”), or such other neutral arbitration administrator as you and PayToo may mutually agree to (“Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrators must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. The parties agree that in this relationship: (1) The parties are participating in transactions involving interstate commerce; (2) The arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) This Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and PayToo. If any of the provision of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.
Severability: You or PayToo may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has been previously commenced.
NEITHER YOU NOR PAYTOO SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Rights preserved: This arbitration agreement does not prohibit you or PayToo from exercising any lawful rights or using other available remedies to preserve, or obtain possession of property; exercise self-help remedies, including setoff rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment or the appointment of a receiver by a court of competent jurisdiction. All statutes of limitations applicable to any dispute apply to any arbitration between you and PayToo.
The provisions of this arbitration agreement shall survive termination or amendment of the deposit relationship or any other relationship between you and PayToo.
Fees and expenses of arbitration: Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your Mobile Wallet limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the respective expenses of retaining an attorney and/or any expert witness fees, regardless of which of us prevails in the arbitration.
This Agreement is governed by and interpreted under the laws of Florida, as such laws are applied to Agreements entered into and to be performed entirely within Florida by Florida resident. Notwithstanding the previous sentence, applicable Florida law, and all of its rules and procedures, shall govern Section 22 of this Agreement. We do not guarantee continuous, uninterrupted or secure access to our service, as operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated Agreements may be automatically assigned by PayToo Mobile Wallet, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates detail the entire understanding between us concerning its subject matter. Sections (12) Fees, (6) Release, (8) Limitation of Liability, and (23) Legal Disputes shall survive any termination or expiry of this Agreement.
26. DisclosuresThe Mobile Wallet Services are offered by PayToo Corp., 350 Lincoln Road, suite 5015, Miami Beach FL33139, acting as PSP of FFCUT. The Payment and Processing services are offered by Paytoo Merchant Services LTD, Suite B, 29 Harley Street, London W1G9QR. You can request to have this Agreement emailed to you by sending a letter to the address above with your email address. Disputes between you and PayToo Mobile Wallet about our Services can be reported to Customer Support online at any time.
Updated May 12, 2017
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