BlacPay Terms of Service

Effective August 10, 2020

This Terms of Service (“TOS”) govern the use of the BlacPay websites by individuals  (“Recipients”) redeeming a Reward provided by BlacPay on behalf of its enterprise customers. If you represent an enterprise that wants to use BlacPay’s Paid Attention as a Service™ to create, customize, support and manage loyalty and incentive programs, please click HERE for the Enterprise Terms of Service. We do not sell Gift Cards to individual consumers; we only sell to enterprises in support of their Rewards Programs.

BlacPay LLC. (“BlacPay”) provides use of www.blacpay.com, (the “Site”) subject to these TOS, which may be updated by us
from time to time. In the event these TOS conflict with the Privacy Notice, the Privacy Notice shall govern as to the conflicting terms. If you have any questions regarding these TOS, please contact info@BlacPay.com.

BlacPay makes Rewards easy to send and exciting to receive. “Rewards” may include a Gift Card, a non-profit donation, or other digital or physical product supplied as a reward or incentive to a Recipient.

 

1. DESCRIPTION OF PRODUCTS AND SERVICES

Current Products:

Digital or Physical Merchant Reward Gift Cards. Recipients of digital or physical gift cards will receive
a link, mail or code in their e-mail or physical address to retrieve their activated electronic merchant reward gift Cards.

Digital or Physical Paid Attention Prepaid Cards. Physical Prepaid Attention Cards will receive a link,
mail or code in their e-mail or be delivered to you via mail, or (ii) be printable from an electronic message sent to you.

Prepaid Cards are those products that contain stored value that can be used anywhere, without restriction to a specific retailer or website, such as VISA and MasterCard. You may be required to register with a third party (the company that supplies the prepaid card) in order to use the stored value and to enable the third party supplier to comply with certain financial and banking regulations. BlacPay has no control over or involvement with these matters.

BlacPay products represent a stored value with instructions that takes a Recipient to a landing page where the Recipient can select from a custom catalog of Paid Attention Rewards with a stated date of expiration for use by a Recipient. All Paid Attention Reward may be sent by email, mail or by downloading the App.

Donation to Non-Profit
Organizations: Your Paid Attention Reward may include the option to donate some or all of your Paid Attention Reward to select non-profit organization(s). Donations of Paid Attention Reward value are subject to the following terms and
conditions: (i) donations are transferred from BlacPay to non-profit organizations promptly, in accordance with our agreements with the non-profit organizations, (ii) the entire amount of a donation may be tax deductible for the donor, however, a small administrative fee is recognized by the non-profit organization and retained by BlacPay in connection with each donation.

Legacy Product:

BLACPAY. A “BLACPAY” is a prepaid Card; containing value that may be used and reloaded using your bank account or from your credit or debit cards at the BlacPay app: (i) obtain Merchant Prepaid Gift Card(s) or other digital products made available to you for selection and/or (ii) used to donate U.S. Dollars via our website to designated non-profit organizations. A BLACPAY CARD itself can be used at merchant stores and has value anywhere VISA or MasterCard is accepted.

 

2. ELIGIBILITY

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You certify that you are at least 16 years old; if you are not, you may not use the App or Site.

 III. PROHIBITED CONDUCT AND USES

You agree not to violate or attempt to violate the security of our App or Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the App or Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; (g) attempting to interfere with or disrupt the App or Site or servers or networks connected to the App or Sites; or (h) violate or attempt to violate any applicable local, state, national or international law, or any regulations having the force of law, including (but not limited to) engage in any activity involving credit card fraud, money laundering, or identity theft.

You acknowledge, consent and agree that BlacPay may access, preserve and disclose your personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of BlacPay, its customers, other users and the public.

 

3. THIRD
PARTY CONTENT

BlacPay does not control the information posted by third parties (“Third Party Content”) via the App or Sites (including, but not limited to, the terms and conditions of the Prepaid Cards), and as such, does not guarantee the accuracy, integrity or quality of such Third Party Content. Under no circumstances will BlacPay be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content or material. BlacPay is not and shall not be responsible or liable for the accuracy, usefulness or availability of any Third Party Content transmitted or made available via the App or Sites.

BlacPay grants you permission to access the App or Sites for the purposes stated on the Site. Any other use of the App or Site, in whole or in part, without permission of the applicable rights holder is strictly prohibited.

 

4. MODIFICATIONS
TO SERVICE

BlacPay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products and Services (or any part thereof) with or without notice. You agree that BlacPay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

5. TERMINATION

You agree that BlacPay may, under certain circumstances and without prior notice, immediately block any email address and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) engagement by you in fraudulent or illegal activities in connection with the Services. Your sole recourse and remedy if BlacPay terminates your right to use the App or Site is to receive a refund for any Rewards received for but not processed or fulfilled by BlacPay, if any.

VII. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, (ii) BLACPAY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLACPAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THAT THE APP, SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACPAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

VIII. LIMITATION OF LIABILITY

You agree and understand that BlacPay has no liability for the loss of a BlacPay Product after receipt by you. You agree that in the event of any damage to or loss of a BlacPay Product by us, even through negligence or other fault, our sole obligation and your sole remedy is, at our option, to replace the lost or damaged BlacPay Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged BlacPay Product(s). You must submit a claim within thirty (30) days from your date of loss.

You further agree and understand that Merchants are solely responsible to you for your ability to use and the terms of usage of Merchant Services. Each Merchant’s terms of use for its card(s) are available at their own App or Sites. Those terms and conditions exclusively govern your use of that Merchant’s services. BlacPay is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLACPAY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLACPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

6. TRADEMARKS
AND PROPRIETARY RIGHTS

The BLACPAY® and other BlacPay logos and product and service names are or may be trademarks of BlacPay (the “BlacPay Marks”). Without BlacPay’s prior written permission, you agree not to display or use in any manner the BlacPay Marks.

 

7. GENERAL

For purposes of these TOS, “you” and “your” shall mean you, and “we”, “us,” and “our” means BlacPay and, if applicable, those third parties acting on behalf of BlacPay from time to time. We may assign our rights and responsibilities hereunder without notice to you. The TOS constitutes the entire understanding between you and BlacPay concerning your use of the Service. The CTOS and the relationship between you and BlacPay shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Alameda, California. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor BlacPay will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. Any claim arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in Alameda County, California, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. You and BlacPay will each pay one half of the costs and expenses of the arbitration, and each will separately pay their own counsel fees and expenses. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any action brought by you with respect to any service or product of BlacPay or anything related to the App or Site must be brought, if at all, within one (1) year from the accrual of such cause of action. The failure of BlacPay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

CONTACT INFORMATION

If you have any customer service-related questions, please contact: info@blacpay.com