GENERAL SAFEPAY4U.COM TERMS AND CONDITIONS
Safepay4U.com ("Safepay4U.com" or “SAFEPAY4U.COM” or “we” or “us”) offers safepay4u services globally, with licensing in the U.S. and beyond. In Australia, services are provided by Payments Australia Pty Ltd, an Australian company (ABN 68 166 996 685). In Canada, services are provided by Canadian Payments Inc., a British Columbia corporation. In all other jurisdictions, services are provided by Internet Safepay4U Services Inc., doing business as Safepay4U.com, a California corporation.
It is essential that you carefully read and understand these General Safepay4U.com Terms and Conditions ("Terms"). These Terms replace all previously issued General Terms and Conditions and apply to your use of any Safepay4U.com services from this moment onwards.
The Terms are current as of the Effective Date, and subject to change. In the event of a change, we will upload a new version to the Site. You should check the Safepay4U.com website for the latest version of this document before using any Safepay4U.com services.
These Terms apply to the Seller, Buyer, and Broker (each a ”Party” or “Underlying Party,” and collectively ”Parties” or “Underlying Parties”) involved in any Safepay4U Transaction in connection with the Safepay4U Services. References to ”You” and ”Your” in the terms apply to you or the organization you represent in connection with an Underlying Transaction (as defined below) as the Seller, the Buyer, and/or the Broker as the context requires. In addition to these Terms, You are also subject to certain other terms, conditions, and agreements (collectively, the “Safepay4U.com Terms of Service”), including:
Safepay4U.com Site Terms of Use, available at https://safepay4u.com/terms-of-use
Privacy Policy, available at https://safepay4u.com/privacy-policy
General Safepay4U Instructions, available at https://safepay4u.com/general-safepay4u-instructions
The Transaction Safepay4U Instructions and any Supplemental Safepay4U Instructions
The Underlying Parties engage Safepay4U.com to act as safepay4u agent pursuant to these Terms and further agree to the entirety of the Safepay4U.com Terms of Service.
1. AGREEMENT TO CONDUCT SAFEPAY4U TRANSACTION BY ELECTRONIC MEANS. BY REGISTERING FOR AND PARTICIPATING IN THE SERVICES (AS DEFINED BELOW), THE UNDERLYING PARTIES AGREE WITH SAFEPAY4U.COM TO CONDUCT THE SAFEPAY4U TRANSACTION (AS DEFINED BELOW) BY ELECTRONIC MEANS UNDER CAL. CIV. CODE § 1633.5(B).
2. Definitions and Interpretation.
Any capitalized term not otherwise defined elsewhere in the Safepay4U.com Terms of Service shall have the definition and interpretation set forth below:
“Account“ means an safepay4u.com account of a Buyer, Seller, or Broker to which payments will be credited and from which payments will be debited.
“Affiliate“ means an entity that is, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Safepay4U.com.
“Applicable Law“ refers to all laws, regulations, payment network rules, and automated clearinghouse rules applicable to the services provided under the Safepay4U.com Terms of Service, as well as all orders, judgments, or written directives of any court or governmental entity with authority over the Parties, services, or transactions subject to the Safepay4U.com Terms of Service.
“Arbitration Commencement Period“means the fourteen (14) calendar day period commencing at the conclusion of the Negotiation Period.
“Broker“ means a person or entity offering to broker personal property or services for sale through the Site.
“Business Day“ means Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., other than legal holidays in San Francisco, California observed by Safepay4U.com.
“Buyer“ means a person or entity desiring to purchase personal property or purchase other services from a Seller by use of the Site.
“Buyer Inspection Period“ means the Inspection Period applicable to Buyer as specified herein.
“Close of Safepay4U“ means consummation of the Safepay4U Transaction.
“Dispute Date“ means the date of: (A) Seller’s rejection or return of the Merchandise as indicated on the Site; (B) Safepay4U.com’s rejection of the Merchandise on behalf of Seller if Seller is unable to access the Site; or (C) the notification by a Party to another Party of any dispute, claim, disagreement, or breach related to these Terms or an Safepay4U Transaction.
“Safepay4U Fees“ means the fees due to Safepay4U.com for the Services.
“Safepay4Ued Funds“ means funds held in safepay4u with Safepay4U.com.
“Safepay4U Instructions“ means the entire set of instructions, terms, conditions, and details governing an Safepay4U Transaction, comprised of: (i) the General Safepay4U Instructions, applicable to all Safepay4U Transactions; (ii) the Transaction Safepay4U Instructions, agreed to by the Underlying Parties when arranging an Underlying Transaction; and (iii) any Supplemental Safepay4U Instructions subsequently agreed to by the Parties.
“Safepay4Ued Property“ means Safepay4Ued Funds or other items held in safepay4u by Safepay4U.com.
“Safepay4U Services“ means the transaction management and safepay4u services provided by Safepay4U.com, including the holding of Safepay4Ued Funds or Safepay4Ued Property.
“Safepay4U Transaction“ means the portion of a transaction involving Safepay4U Services provided by Safepay4U.com, which may include the holding and release of Safepay4Ued Funds or Safepay4Ued Property in accordance with the Safepay4U Instructions and these Terms.
“General Safepay4U Instructions“ means the instructions and terms published on the Site applicable to all Safepay4U Transactions.
“Inspection Period“ means the period by which Buyer or Seller must inspect the subject property, as applicable.
“Merchandise“ means any item of tangible (capable of being physically touched or precisely identified) goods or property transacted on Safepay4U.com. This term also includes certain intangible goods or property such as domain names, IPV4 addresses, pre-written computer software, source codes, intellectual property, and any other property as approved by Safepay4U.com in its sole discretion.
“Milestone Transaction“ means the transactions relating to services provided by a Seller.
“Negotiation Period“ means fourteen (14) calendar days beginning with the Dispute Date.
“Parties“ means Safepay4U.com and the Underlying Parties.
“Personal Property“ means any movable thing or intangible item of value that is capable of being owned by a natural individual or a legal entity and not recognized as real property.
“Prohibited Transaction“ means any transaction or attempted transaction described in Section 5 of these Terms below.
“Seller“ means a person or entity offering property or services for sale as permitted under the Safepay4U.com Terms of Service and desiring to use the Site to close the sale.
“Seller Inspection Period“ means the Inspection Period applicable to Seller as specified herein.
“Seller Services“ means those services offered for sale by a Seller including physical labor or activity, artistic labor or activity, consultation or advice services, a system for providing services such as transportation, communications, utilities and doing work and providing something of value other than a physical tangible product.
“Site“ means Safepay4U.com’s website at www.Safepay4U.com.
“Supplemental Safepay4U Instructions“ or “Supplemental Safepay4U Terms” means any instruction, condition, or term agreed to by the Underlying Parties after Buyer and Seller (and Broker when applicable) all complete the initial Transaction Safepay4U Instructions to govern an Underlying Transaction. This term includes new supplemental instructions or conditions, modifications or amendments to the initial Transaction Safepay4U Instructions, and changes to the Transaction Detail Screens. Supplemental Safepay4U Instructions or Terms must be agreed to in writing and signed by all parties (Buyer, Seller, Safepay4U.com and Broker when applicable).
“Transaction Detail Screens“ means the screens on the Site containing the details of the Underlying Transaction provided by the Underlying Parties.
“Transaction Safepay4U Instructions“means the terms, conditions, and other provisions relating to a specific Underlying Transaction or Safepay4U Transaction, as agreed to by the Underlying Parties on the Transaction Detail Screens.
“Underlying Parties“ means Buyer, Seller and Broker (if applicable).
“Underlying Transaction“ means the underlying transaction between or among Buyer, Seller and Broker (if applicable) for the sale of Merchandise or Seller Services, for which the Underlying Parties engage Safepay4U.com for the provision of Safepay4U Services.
“User“ means one of the Underlying Parties using the Site in connection with an actual or proposed Underlying Transaction.
The following rules of interpretation apply:
References to “discretion” mean Safepay4U.com’s sole and absolute discretion.
References to “consent” mean a Party’s prior written consent, which in the case of Safepay4U.com may be given or withheld in its discretion.
References to “including” mean “including but not limited to”.
References to the singular include the plural and vice versa as the context may require.
References to the time of day means United States Pacific Time.
References to Buyer and Seller include the Broker if a Broker is expressly authorized by a Seller or Buyer to act on behalf of and bind the applicable Buyer or Seller.
References to currency is to U.S. dollars or any other currency expressly accepted by all relevant Parties from time to time.
References to “days” means Business Day unless otherwise indicated.
Reference to “good faith” means honesty in fact in the conduct concerned, measured subjectively.
All communications relating to an Underlying Transaction or Safepay4U Transaction shall be in English.
3. Description of the Safepay4U Service. The Safepay4U Services are Internet-based transaction management services performed by Safepay4U.com as safepay4u agent on behalf of a Buyer and Seller in connection with a transaction for the sale of property or services. Safepay4U Services are intended to facilitate the completion of the Underlying Transaction in accordance with the Safepay4U.com Terms of Service. Although one or more of the Underlying Parties and the Safepay4Ued Property or Merchandise may be a citizen of and/or physically located in a location, venue or jurisdiction other than San Francisco, California, the Underlying Parties all represent and agree that the Safepay4U Transaction and Safepay4U Services are being coordinated and taking place in San Francisco, CA.
4. Limits on the Safepay4U Services. The Safepay4U Services are only available for lawful Merchandise, Seller Services, and Underlying Transactions. Safepay4U.com, in its sole discretion, may decline or prohibit an Underlying Transaction. Additionally, limitations on the Safepay4U Services may apply and can be found on the Site or elsewhere in the Safepay4U.com Terms of Service. Only registered Users may use the Safepay4U Services. To register, You must supply all information required on the Site. Applicable Laws may further limit the Safepay4U Services.
5. Prohibited Transactions. Users shall not use or attempt to use the Site or the Safepay4U Services in connection with any Underlying Transaction that:
is illegal or involves any illegal items, or is for any illegal purpose;
involves any obscene material;
involves any munitions or firearms;
involves pirated software, DVD or videos or item(s) otherwise infringing copyrighted works;
involves illegal drugs, controlled substances, alcohol or tobacco products;
involves the sale or transfer of liquor licenses, fund or joint control safepay4us, the refinancing of either reservation deposits of any kind, or promissory notes, mortgages or deeds of trust;
is primarily for the purpose of exchanging currencies, including digital currencies;
involves transactions directly or indirectly involving persons (individuals or entities) with whom U.S. or other persons are prohibited from engaging pursuant to sanctions and export controls administered by the Departments of Treasury, Commerce and State;
involves transactions directly or indirectly involving persons (individuals or entities) with whom U.S. or other persons are prohibited from engaging pursuant to Applicable Laws.
for Canadian services involves transactions directly or indirectly involving persons (individuals or entities) with whom Canadian or other persons are prohibited from engaging pursuant to sanctions and export controls administered by Global Affairs Canada, the Trade Controls Bureau; or involves transactions directly or indirectly involving persons (individuals or entities) with whom Canadian persons are prohibited from engaging pursuant to laws and regulations administered by Global Affairs Canada.
for Australian services involves transactions directly or indirectly involving persons (individuals or entities) with whom Australian or other persons are prohibited from engaging pursuant to sanctions and export controls administered by the Department of Foreign Affairs and Trade; or involves transactions directly or indirectly involving persons (individuals or entities) with whom Australian persons are prohibited from engaging pursuant to laws and regulations administered by the Department of Foreign Affairs and Trade.
In addition, Safepay4U.com, in its sole discretion, may refuse to complete any Underlying Transaction that Safepay4U.com has reason to believe may be unauthorized or made by someone other than You, or may violate any Applicable Law or the Safepay4U.com Terms of Service Each User agrees to indemnify and hold harmless Safepay4U.com and its employees, officers, directors and agents for losses, including attorney fees and costs, resulting from any use or attempted use of the Safepay4U Services in violation of the Safepay4U.com Terms of Service, including but not limited to any use or attempted use of the Safepay4U Services for a Prohibited Transaction.
6. Rejection of Payment. Since the use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by Your agreement with Your financial institution and/or by applicable law, Safepay4U.com is not liable to any User if Safepay4U.com does not complete an Safepay4U Transaction or any act relating thereto, as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. Safepay4U.com may post operating rules or terms and conditions related to payment on the Site and change such rules from time to time.
7. General Conditions of Use. If You arrive at the Site through entities linked and/or integrated with Safepay4U.com or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then You authorize such third party to transfer relevant data to Safepay4U.com to facilitate the Safepay4U Transaction. You represent and warrant that all information You provide to Safepay4U.com or to such third party will be true, accurate and complete. You further understand and agree that You are obligated to provide timely updates to Safepay4U.com if there are any material changes to such information prior to the completion of an Safepay4U Transaction. The party entering into these Terms on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age and, if the User is represented to be a business entity, trust or other legal entity or organization, the User represents and warrants that such User is legally existing and in good standing, and is recognized as such by the governing authority at the address registered by the User on our Site. To initiate and commence an Safepay4U Transaction or use the Safepay4U Services, a User must register for an Account on our Site. You must complete the Safepay4U Services application form and submit it by following the instructions on the Site. You can find out more information about Safepay4U Services by visiting the Site https://www.safepay4u.com/services
Upon completion and receipt of the service application and related forms, including the acceptance of the Safepay4U.com Terms of Service, we will accept or reject Your application at our discretion.
8. Obligations of Sellers. On the Transaction Detail Screens, each Seller to an Underlying Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorizes Safepay4U.com and its authorized representatives and service providers to initiate credit entries to such Seller's Account for payment of the purchase price, or applicable balance due, and to debit Seller's Account to discharge Seller's obligations. Each Seller in an Underlying Transaction shall deliver the items set forth in Transaction Detail Screens directly to the Buyer (or Buyers), at the address specified by such Buyer as shown on the Site and set forth in the Transaction Safepay4U Instructions and Supplemental Safepay4U Instructions. Seller shall use a delivery service that provides a confirmation of delivery and Seller shall provide Safepay4U.com with a tracking or reference number for the shipment of the goods. Seller gives Safepay4U.com permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. Seller must provide or cause notice to be sent to Safepay4U.com when Seller ships the Merchandise. In the event Safepay4U.com does not receive notice of shipment from Seller within ten (10) calendar days after Seller is required to ship the Merchandise, Seller authorizes Safepay4U.com to return the Safepay4Ued Funds (excluding Safepay4U.com fees) to Buyer. In the event of a return of the Merchandise by Buyer, Seller shall notify Safepay4U.com of the receipt of the returned items. Upon Safepay4U.com’s receipt of the notice of returned Merchandise from Seller, the Seller's five (5) day inspection period shall commence. In the event Seller accepts the returned Merchandise within the inspection period or fails to act within the inspection period, Safepay4U.com shall remit the Safepay4Ued Funds (excluding Safepay4U.com fees) to Buyer. If Seller notifies Safepay4U.com of its non-acceptance of any returned Merchandise within the Seller's inspection period, then Safepay4U.com will retain the Safepay4U Funds pending resolution of the dispute or take other action as authorized or as required by Applicable Law. Notwithstanding anything to the contrary above, if all Underlying Parties to an Underlying Transaction agree on the Transaction Detail Screens that there is no shipping required, then no party hereto will have any obligation under these Terms with respect to shipping.
9. Obligations of Buyers. On the Transaction Detail Screens, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into safepay4u. Depending on the amount of the Underlying Transaction and the currency selected for the Underlying Transaction, Buyer may remit the necessary funds via various methods, which may include credit card, charge card, debit card or purchasing card, check (cheque), cashier's check, money order, or wire transfer. In the case of wire transfers, Buyer will initiate the wire to an account designated by Safepay4U.com on or before the date set forth in the Transaction Detail Screens. Regardless of the payment method, Buyer authorizes Safepay4U.com and its authorized representatives and service providers to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for an Underlying Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations under the Safepay4U.com Terms of Service. Safepay4U.com will deposit funds received from Buyer into an safepay4u trust account maintained by Safepay4U.com (the "Safepay4U Account"). Unless otherwise requested as specified in the following sentence, safepay4ued deposits do not earn interest for Buyer or Seller. If You anticipate an extended closing of the Underlying Transaction, then You may request and approve an instruction to have Safepay4U.com place Buyer's funds into an interest-bearing account for the benefit of Buyer or Seller. If interest is to accrue to the benefit of the Seller, then both Buyer and Seller must request and approve the establishment of the interest-bearing account. If this request is made, then Safepay4U.com will charge the account of the party to whom the interest accrues an additional nonrefundable service charge of one hundred dollars ($100), which must be paid in advance. Buyer shall notify Safepay4U.com of the receipt or non-receipt of the items on the date the merchandise is received, or the Buyer Inspection Period is started. Buyer shall notify Safepay4U.com of the Buyer's acceptance or rejection of the items before the Buyer's Inspection Period expires. Upon receipt of notice from Buyer that the items have been received and accepted, Safepay4U.com shall transfer the payment amount (less any amount payable to Safepay4U.com for Safepay4U.com fees) to Seller's Account. Transfer to a Seller generally will be initiated within the next business day from the day on which notice of acceptance of the Merchandise or Seller Services is received from the Buyer. If Buyer has not notified Safepay4U.com of the non-receipt or rejection of the items during the Buyer's Inspection Period, then Buyer authorizes Safepay4U.com to remit the Safepay4Ued Funds (excluding Safepay4U.com fees) to the Seller. Buyer shall follow the procedures set forth on the Site in the event the items are rejected.
10. Obligations of Brokers. Each Broker must register on the Site. On the Transaction Detail Screens, each Broker to a Transaction must designate a payment mechanism and an Account to which the Broker Fee payment will be made. Each Broker authorizes Safepay4U.com and its authorized representatives and service providers to initiate credit entries to such Broker's Account for payment of the Broker's commission, and to debit Broker's payment mechanism or account to discharge Broker's obligations. Each Broker in a Transaction shall provide Buyer email, Seller email, and Underlying Transaction details including purchase price, Merchandise or Seller Services description, inspection period and which party is responsible for the Broker and Safepay4U fees. If You are a Broker, You represent and warrant that you are properly authorized by all Underlying Parties to act as a Broker with respect to each Underlying Transaction. Safepay4U.com has the right, at its discretion, to verify that each Broker is properly authorized by the Underlying Parties, but is under no obligation to do so and You hereby agree that you may not rely on Safepay4U.com to verify that a Broker is fully authorized.
11. Our Responsibilities. Safepay4U.com is obligated to perform only those duties expressly described in the Safepay4U.com Terms of Service. Safepay4U.com shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations below). Safepay4U.com may rely upon any notice, demand, request, letter, certificate, agreement, or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. Safepay4U.com is not expected to verify or guarantee representations by Buyer, Seller, Broker or their respective affiliates or representatives and will not and does not verify authenticity, ownership, right of possession, title or other legal right to Safepay4Ued Property or Merchandise. In the event that Safepay4U.com is uncertain as to Safepay4U.com duties or rights under the Safepay4U.com Terms of Service, receives any instruction, demand or notice from any User or financial institution which, in Safepay4U.com's opinion, is in conflict with any of the provisions of the Safepay4U.com Terms of Service, or any dispute arises with respect to the Safepay4U.com Terms of Service or the Safepay4Ued Funds, Safepay4U.com may (i) consult with counsel of our choice (including, but not limited to our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by You, or (ii) refrain from taking any action other than to retain the funds in safepay4u for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with these Terms or a final, non-appealable judgment of a court of competent jurisdiction, (iii) discharge our duties under these Terms by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined elsewhere in the Safepay4U.com Terms of Service, or (iv) escheat the funds in accordance with Applicable Law or take other actions in accordance with Applicable Law.
12. Resignation. Safepay4U.com may, at any time, give notice of Safepay4U.com's intent to resign as Safepay4U agent. If, within ten (10) days of such notice, Safepay4U.com has not received notice from all Parties in an Underlying Transaction that they have designated a substitute safepay4u agent (which notice shall identify the substitute safepay4u agent), Safepay4U.com may discharge Safepay4U.com duties under these Terms by depositing all safepay4ued funds with a court of competent jurisdiction. If an alternate Safepay4U agent is so designated, Safepay4U.com shall be discharged from Safepay4U.com duties under the Safepay4U.com Terms of Service by delivering all Safepay4Ued Funds to such person or entity. Upon payment of the Safepay4Ued Funds pursuant to these Terms, Safepay4U.com shall be fully released from all liability and obligations with respect to the Safepay4U Funds and the Safepay4U Transaction.
13. Canceling a Transaction. If an Underlying Transaction cannot be completed for any reason, including cancellation by Safepay4U.com for any reason, Safepay4U.com will notify each Party in such Underlying Transaction by e-mail, to the e-mail address each has provided to Safepay4U.com. In Safepay4U.com's sole discretion, Safepay4U.com may cancel any Underlying Transaction if each Party to an Underlying Transaction fails to agree on the terms as required in the Transaction Details Screens by clicking the "Agree" button as requested on the Site. You may cancel an Underlying Transaction as provided in the Safepay4U.com Terms of Service.
14. Statements, Verification. You agree that all disclosures and communications regarding these Terms and the Safepay4U Service shall be made by e-mail or on the Site, unless the Parties make other arrangements as set forth elsewhere in the Safepay4U.com Terms of Service. You understand and agree that Safepay4U.com may request additional information from you at any time, for verification, authentication, or other business purpose.
15. Digital Identification. You understand and agree that Safepay4U.com will create, issue, and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that Your Digital ID is a valid "Electronic Signature." Please review the General Safepay4U Instructions for more information about Safepay4U.com's use of the Digital ID.
16. Fees. Unless otherwise agreed upon by each User in the Transaction, Buyer agrees to pay the fees for the Services that are disclosed on the Site at the time the completed Transaction Safepay4U Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, registration - domain or otherwise, etc.). Once paid, Safepay4U.com fees are nonrefundable. Safepay4U.com fees may change from time to time in Safepay4U.com's absolute and sole discretion. Additionally, Safepay4U.com may introduce new fees by providing 30 days' written notice. Safepay4U.com is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Services or otherwise arising from the Transaction.
16.1. Interest on Overdue Fees. Notwithstanding any other provision in these Terms, any fees, charges or reimbursement of third-party fees due to Safepay4U.com that are not paid by the due date shall accrue interest at the rate of 2% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, calculated daily until the date paid in full. This interest rate is designed to compensate Safepay4U.com for the cost of carrying overdue fees and is in line with the reasonable expectations of parties engaged in safepay4u transactions.
17. Taxes. Some of our fees may be subject to applicable taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”) and, unless expressly noted, our fees are exclusive of applicable taxes. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process.
18. Invoices. Safepay4U.com may issue invoices to the relevant party for its fees, however Safepay4U.com has no responsibility nor is it able to provide any invoice for underlying personal property or Services transactions. Invoices for underlying transactions are to be obtained from the Seller.
19. Security. Safepay4U.com uses secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet designed to protect the data You provide Safepay4U.com. Safepay4U.com has also implemented a security system requiring a user ID and a password to access Your transactions on the Site. You agree not to give Your password to any other person or entity and to protect it from being used or discovered by anyone else.
20. Acknowledgement of Risk. You expressly agree that Your use of the Services is at Your sole risk. The Safepay4U Services are provided on a strictly "as is" and "as available" basis.
21. Disclaimers.
SAFEPAY4U.COM MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. SAFEPAY4U.COM MAKES NO WARRANTY THAT ITS SECURITY CANNOT BE BREACHED.
SAFEPAY4U.COM EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAFEPAY4U.COM SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY ANY SELLER OF ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFEPAY4U.COM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
22. No Third-Party Endorsement or Liability from Acts of Third-Party. You acknowledge and agree that Safepay4U.com does not endorse the website of any third party (including any partner marketplace) or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third-party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby and that You have not entered into any Underlying Transaction or agreed to the Safepay4U.com Terms of Service based on Safepay4U.com’s association with any third-party. In no event will Safepay4U.com be liable for any act or omission of any third-party, including, but not limited to, your financial institution, any payment system, any third-party service provider, any provider of telecommunications services, internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond Safepay4U.com's control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third-party, or failure or interruption of electrical, telecommunications or other utility services).
23. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SAFEPAY4U.COM ON BEHALF OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF ANY KIND AND SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF ALL THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OR IN CONNECTION WITH THE USE OF THE SITE(S) OR ANY WEBSITE WITH WHICH THEY ARE LINKED AND YOU SO AGREE TO SUCH EXCLUSION. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR ANY OTHER LEGAL, CONTRACTUAL, STATUTORY, REGULATORY OR EQUITABLE BASIS TO THE GREATEST EXTENT AUTHORIZED BY LAW. FOR THE AVOIDANCE OF DOUBT, SAFEPAY4U.COM WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, OR EXPENSES INCURRED, OR SUFFERED BY A PARTY AS A RESULT OF THE SELLER, BUYER, BROKER OR AN AUTHORISED USER’S ACCESS OR USE OF OUR SERVICES OR INABILITY TO ACCESS OR USE OUR SERVICE, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT. SAFEPAY4U.COM IS NOT LIABLE IN ANY WAY FOR ACTING IN ACCORDANCE WITH OR RELYING ON ANY INSTRUCTION, NOTICE OR DEMAND OR DOCUMENT FROM A PARTY OR PARTY’S AGENT ON THE PARTY’S BEHALF. SAFEPAY4U.COM IS NOT LIABLE FOR ANY MATTER RELATING TO A DISPUTE BETWEEN THE SELLER AND BUYER IN RESPECT TO AN AGREEMENT BETWEEN THE SELLER AND THE BUYER. EACH OF BUYER, SELLER AND BROKER CONSENT TO THESE LIMITATIONS OF LIABILITY.
24. Termination of Services. Safepay4U.com may suspend or terminate Your use of the Site or Safepay4U Services at any time, without notice, for any reason, in Safepay4U.com's sole discretion. Safepay4U.com will attempt to provide You with prior notice of the suspension or termination of your Account or the Safepay4U Services by sending You an e-mail, but Safepay4U.com is not obligated to do so, and may not do so where there is a risk to the security, privacy or integrity of the Safepay4U Services. You shall remain liable for all Safepay4U Transactions You initiate through the Site or Safepay4U Services prior to such termination, and the performance of Your obligations, including but not limited to, the delivery of the Merchandise or Seller Services and the payment of all amounts You owe prior to termination or discontinuation of Your use of the Safepay4U Services. You agree to pay all costs and expenses (including all reasonable attorneys' fees) that Safepay4U.com may incur in order to (a) collect any amounts You owe under the Safepay4U.com Terms of Service or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller, as set forth in these Terms.
25. Non-Transferability of the Services by You. You may not assign the Safepay4U.com Terms of Service (including, specifically, the Transaction Safepay4U Instructions and Supplemental Safepay4U Instructions) to any other person or entity except to the extent required by Applicable Law. Your right to use the Safepay4U Services shall not be sold or transferred to any other person or entity without the prior written consent of Safepay4U.com. Any purported assignment or transfer by You without our prior written consent in violation of this provision shall be null and void.
26. Modifications. Safepay4U.com reserves the right to change any portion of these Terms, at any time, without prior notice, provided that no such change will apply to an Underlying Transaction once the Underlying Parties to such Underlying Transaction have agreed to the Transaction Safepay4U Instructions. You understand that the most recent version of these Terms will be located on the Site.
27. Notices. Notices from Safepay4U.com to You will be given by e-mail, or by general posting on the Site. You may contact Safepay4U.com by filling out the customer support form or such other email address Safepay4U.com posts as its address for notice on the Site in the most recent version of the Terms.
28. Miscellaneous. In the event of any dispute, claim, breach, or disagreement arising from or relating to the Safepay4U.com Terms of Service or to an Underlying Transaction, You agree to resolve such dispute in the manner set forth in these Terms. The Safepay4U.com Terms of Service shall be governed by the laws of the State of California. Any dispute shall be resolved pursuant to the Dispute Resolution and Governing Law/Venue provisions of these Terms. The Safepay4U.com Terms of Service constitute the entire agreement between Safepay4U.com and You relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter.
29. Assignment. Safepay4U.com may assign these Terms to any current or future affiliated company and to any successor in interest. Safepay4U.com also may delegate certain Safepay4U.com rights and responsibilities under these Terms to third-parties.
30. Safepay4U Instructions. Once the Buyer and Seller (and Broker when applicable) have agreed to identical Transaction Detail Screens for a specific underlying Transaction, both Buyer and Seller (and Broker when applicable) have agreed to the Transaction Safepay4U Instructions and these Terms by selecting the "Agree" button at the bottom of the Transaction Detail Screens, these instructions shall constitute a binding agreement between all parties. No blank spaces shall exist on the Transaction Detail Screens as of the time the Buyer and Seller (and Broker when applicable) select the "Agree" button. After Buyer and Seller (and Broker when applicable) both select the "Agree" button, the terms, conditions, and other details of the Transaction Detail Screens constitute the Transaction Safepay4U Instructions to govern the Underlying Transaction between the Buyer and Seller (and Broker when applicable). Should it become necessary to add a supplemental instruction(s), or to make any addition to, deletion from, or alteration to the Transaction Detail Screens, all parties (Buyer, Seller, Safepay4U.com, and Broker when applicable) must execute any supplemental instruction, addition, deletion or alteration thereto (collectively the "Supplemental Safepay4U Instructions”). Safepay4U.com reserves the right to reject any Supplemental Safepay4U Instructions and to terminate the Safepay4U Transaction as provided herein. In accordance with California Civil Code 1633.8, Safepay4U.com may accept instructions that are created, generated, sent, communicated, received, or stored by the Underlying Parties using electronic means and by attaching the Underlying Parties’ respective Digital IDs. The Parties to the Underlying Transaction hereby agree to conduct the Safepay4U Transaction electronically. The Underlying Parties acknowledge that by entering the Transaction Safepay4U Instructions, they are able to electronically receive the Transaction Safepay4U Instructions, download the Transaction Safepay4U Instructions and print the Transaction Safepay4U Instructions. The Parties agree that all instructions must be written and that the Underlying Parties and Safepay4U.com are not obligated to follow or rely on any verbal or oral statements or instructions.
31. General Description of Services.
The Underlying Parties may enter an Underlying Transaction for the sale and purchase of many different types of personal property, goods, or items (“Merchandise”), excluding those prohibited in these Terms or by Safepay4U.com. The Underlying Parties may also enter an Underlying Transaction for the provision of services (“Seller Services”), excluding those prohibited in these Terms or by Safepay4U.com.
The Underlying Parties shall each log onto the Site daily to confirm the status of the Safepay4U Transaction. The status of any Safepay4U Transaction can only be confirmed by the Underlying Parties by logging into the Site. The accuracy of automated messages sent by Safepay4U.com must be confirmed by the Underlying Party by logging into the Site to check the status of the Safepay4U Transaction. Except as otherwise required by Applicable Law, the Underlying Parties may not rely on verbal or written advice from Safepay4U.com staff concerning the status of any Safepay4U Transaction.
A Buyer and Seller may complete an Safepay4U Transaction with or without a Broker. When a Broker is involved, additional instructions specified below shall apply. A Broker shall become an Underlying Party only if the Broker is identified for the Safepay4U Transaction. Other brokers have no rights hereunder, and Buyer and Seller have the sole responsibility for financial arrangements with such brokers.
32. Shipping and Tracking of Purchased Items.
Upon receiving Buyer’s cleared funds, and where the Merchandise is a physical item, Safepay4U.com will email Seller to ship the Merchandise, where appropriate, which will require Seller to log on to the Site to confirm secured funds, unless all Parties agree to a different method of notification. Upon Seller’s verification, Seller shall ship the Merchandise to Buyer based upon information provided in the Buyer’s profile or as otherwise provided in the Transaction Safepay4U Instructions, and Seller shall have the Merchandise insured for full value to Buyer. The Underlying Parties shall choose a shipping method that provides online tracking information. Seller will be responsible for all shipping damage if insurance is not available to cover the damage. Seller shall complete and submit the shipping information to the Site on the same day on which the Merchandise is placed in the carrier’s possession, confirmation of which shall be emailed to all Parties, unless they agree to a different method of notification.
The Buyer Inspection Period (as agreed to on the Transaction Detail Screens) shall be calculated in calendar days and shall commence upon the first to occur of either:
Buyer’s acknowledgment of receipt of Merchandise; or
the Site’s receipt of verification of delivery to Buyer via the shipper’s or registrar’s tracking services.
Unless otherwise expressly agreed to in writing by the Underlying Parties, if Seller has not shipped the Merchandise within 10 calendar days after Safepay4U.com sends notification (through email or posting on the Site) of Buyer’s deposit of immediately available funds, Buyer may request a return of the Safepay4Ued Funds, minus the Safepay4U Fees, and Safepay4U.com will remit the funds back to Buyer after notifying the Underlying Parties.
Unless the Underlying Parties agree otherwise, Buyer is responsible for any duties, customs fees or other charges resulting from an international Safepay4U Transaction, which shall be included in the purchase price. The shipping Party shall properly declare the Merchandise and its value for customs procedures.
The Seller agrees to cooperate with and follow all additional instructions provided by Safepay4U.com to ship the Merchandise, not ship the Merchandise, or request return of the Merchandise, as directed by Safepay4U.com.
33. Buyer's Acceptance; Disbursement of Funds.
During the Buyer Inspection Period, Buyer must either click the “Accept” or “Reject” button and follow all further instructions on the Site to accept or reject the Merchandise by following the instructions on the Site or on a partner marketplace site. For the avoidance of any doubt, the Buyer also has the option to reject the Merchandise. For clarity, acceptance or rejection are executed by way of clicking on the relevant buttons on the Site, clearly identifiable, confirming Buyer’s acceptance or rejection of the Merchandise. In the event that the Buyer fails to either click the accept or reject button on the Safepay4U.com platform, or through a partner marketplace or to follow all further instructions, then Buyer shall be deemed to be satisfied with the Merchandise and deemed to have accepted it. Notwithstanding the foregoing, for Safepay4U Transactions involving IPv4 Numbers, Buyer shall not be permitted to reject the IPv4 Numbers if the recipient Regional Internet Registry’s (“RIR”) Whois records reflect Buyer or its designee as the registrant of such IPv4 Numbers, and Buyer’s clicking of the “Reject” button shall have no effect on Safepay4U.com’s authority to close the Safepay4U Transaction or Seller’s (and Broker’s) right to receive the Safepay4Ued Funds as set forth above.
Safepay4U.com will disburse the Safepay4Ued Funds as follows:
If Transaction Safepay4U Terms reflect that Buyer has agreed to pay for shipping and/or any portion of the Safepay4U Fees, then those costs shall be collected as Buyer’s funds and remitted with the purchase price. At Close of Safepay4U, Safepay4U.com will pay Seller, from the Safepay4Ued Funds, the purchase price and shipping fee itemized in the Safepay4U Transaction, less any payment for shipping fees (unless Seller has agreed to pay for shipping) and will disburse the Safepay4U Fees to Safepay4U.com.
If the Transaction Safepay4U Terms reflect that Seller has agreed to pay for shipping and/or any portion of the Safepay4U Fees, then at Close of Safepay4U, Safepay4U.com will pay to Seller from the Safepay4Ued Funds the purchase amount, less any fees due to Safepay4U.com, and less any other fees the Seller is obligated to pay (such as broker’s fees). Shipping fees will be deemed paid outside of the Safepay4U Transaction.
If a Buyer Inspection Period ends without Buyer’s involvement, Safepay4U.com at its sole discretion may provide Buyer notice regarding the ending of the Inspection Period within 24 hours. Safepay4U.com is under no obligation to provide such 24-hour notice and shall not be liable if such notice is not provided. It is always the Buyer’s ultimate responsibility to login to the Buyer’s Account in the Safepay4U.com system and check the status of their transaction.
Where a Buyer uses the Safepay4U Services through a partner marketplace, then the Buyer must click the accept or reject button for the Safepay4U Transaction on that partner marketplace and follow all instructions from Safepay4U.com in relation to the Safepay4U Transaction.
34. Buyer Rejection Process.
Buyer is responsible for all Safepay4U Fees if the Safepay4U Transaction is cancelled, or the Merchandise returned. During the Buyer Inspection Period, Buyer may reject for any reason by clicking the “Reject” button and follow all other instructions on the Site for rejecting the Merchandise. Upon such rejection, Safepay4U.com will email Seller concerning Buyer’s rejection and return of the rejected Merchandise. Buyer shall promptly return the rejected Merchandise to Seller within 10 calendar days after receiving notice of the rejection, and shall insure, at Buyer’s expense, the returned Merchandise’s value during shipment to the place designated in Seller’s profile. Buyer shall be responsible for shipping the rejected Merchandise at Buyer’s expense (unless otherwise agreed by the Parties). For the avoidance of doubt, it is the Seller’s responsibility to notify Safepay4U.com of any change of address as soon as possible. If Seller does not advise Safepay4U.com of Seller’s change of address in writing at least 48 hours prior to a rejection of Merchandise under this Section, Seller agrees that Seller’s last known address as contained in the records of Safepay4U.com will be Seller’s current address for the purposes of this Section. Seller must reasonably cooperate to allow the opportunity for Buyer to return the rejected Merchandise if Buyer timely rejects the Merchandise. Seller agrees it will not take steps to avoid the return of rejected Merchandise. Buyer will be responsible for all shipping damage if insurance is not available for any reason to cover such damage. Buyer is aware that the Merchandise must be rejected in the manner described in these Terms to obtain a refund.
If Buyer rejects Merchandise in violation of these Terms or any other terms of acceptance and rejection applicable to the Underlying Transaction, Seller shall not be prohibited by these Terms from pursuing any available right or remedy against Buyer available under Applicable Law.
Buyer acknowledges and agrees that regardless of the reason for rejection, Buyer must return the rejected Merchandise to Seller for Safepay4Ued Funds to be returned to Buyer. If Buyer fails to return the rejected Merchandise in accordance with these Terms within the specified time-period, Safepay4U.com is hereby authorized to pay Seller the Safepay4Ued Funds, minus the Safepay4U Fees.
If the Underlying Transaction involves a domain name and Buyer rejects the domain name within the Buyer Inspection Period, unless the domain name is being held by Safepay4U.com pursuant to a written agreement, Buyer must cause return of the domain name to Seller within 10 calendar days of Buyer’s rejection. If Buyer fails to cause return of the domain name timely, Safepay4U.com is hereby authorized to pay Seller the Safepay4Ued Funds minus the Safepay4U Fees. Seller shall cooperate in the return process of the domain name. In the event the domain name transfer to Buyer has caused the Internet Corporation for Assigned Names and Numbers (ICANN) to impose a registrar lock, Seller will open an account at the receiving registrar to take possession of the domain name or the Safepay4Ued Funds will continue to be held in safepay4u until this period expires and the domain name can be returned to Seller’s registrar.
Notwithstanding anything to the contrary herein, for Underlying Transactions involving IPv4 Numbers, Buyer may reject the IPv4 Numbers only if the Whois records of the recipient RIR do not reflect Buyer or its designee as the registrant of the IPv4 Numbers (as confirmed by Safepay4U.com), in which case Buyer’s rejection shall be deemed Buyer’s automatic return of the IPv4 Numbers to Seller. If, in such event, Seller accepts the return of the IPv4 Numbers (as further described below with respect to IPv4 Numbers), Safepay4U.com shall refund the Safepay4Ued Funds to Buyer, minus the Safepay4U Fees.
35. Authentication Services
The following additional terms apply to Safepay4U Transactions that are referred to Safepay4U.com from an external online marketplace, including but not limited to eBay, where that marketplace applies an authentication service to Merchandise that is subject of an Safepay4U Transaction.
Where Merchandise subject to an Safepay4U.com Transaction is purchased through an external marketplace, and where Safepay4U.com is used as a method of payment, the Underlying Parties will be bound by the Merchandise authentication rules and procedures of that external marketplace, when completing the Safepay4U.com Safepay4U Transaction.
The relationship between the Underlying Parties and the referring external marketplace and Merchandise authentication service is independent of the relationship between the Underlying Parties and Safepay4U.com where it concerns the Safepay4U.com Safepay4U Transaction. In no circumstances will Safepay4U.com be liable for any loss suffered by the Underlying Parties resulting from the Underlying Parties’ engagement with an external marketplace or merchandise authentication service.
When an external marketplace has a merchandise authentication service and the Underlying Parties engage with that authentication service, the progress of the Safepay4U.com Safepay4U Transaction may be determined in part by the outcome of that authentication service. When the Underlying Parties engage with an external Merchandise authentication service, the following will generally apply:
When the authentication service and external marketplace determine that the Merchandise that is the subject of the Safepay4U Transaction is unauthentic or when authentication is unsuccessful, it is the responsibility of the Underlying Parties to engage with the authentication service and external marketplace to ensure the Merchandise is returned to the Seller.
When the authentication service and external marketplace determine that the Merchandise subject of the Safepay4U.com Safepay4U Transaction is authentic or when authentication is successful, it is the responsibility of the Underlying Parties to engage with the authentication service and external marketplace to ensure the Merchandise is received by the Buyer. A determination made that the Merchandise is authentic or that authentication is successful will not affect the Buyer Inspection Period, and Buyer may reject the Merchandise for any reason by clicking the “Reject” button and following all other instructions on the Site for rejecting the Merchandise.
When Buyer rejects the Merchandise and the external marketplace and authentication service require re-authentication of the Merchandise before it can be returned to the Seller, the Buyer must follow all instructions from the external marketplace and authentication service as to where to return the Merchandise for re-authentication. The Buyer must not return the Merchandise directly to the Seller when the external marketplace and authentication service require the Merchandise to be re-authenticated prior to the rejected Merchandise being returned to the Seller. When Safepay4U.com receives confirmation from the external marketplace that the rejected Merchandise has been successfully re-authenticated and returned to the Seller, Safepay4U.com will return funds to the Buyer in accordance with Applicable Law.
In any event, the maximum number of times the authentication process can occur will be determined by the external marketplace and Merchandise authentication service, which operate independently of Safepay4U.com.
The Underlying Parties authorize Safepay4U.com to rely on information it receives from the external marketplace and authentication service regarding the authenticity and location of the Merchandise, in deciding when to release funds to the Seller or return funds to the Buyer, to the extent permitted by Applicable Law.
The Underlying Parties agree that when Merchandise is transacted through an external marketplace using Safepay4U.com as the payment method, Safepay4U.com will rely on information it receives directly from that external marketplace when deciding the status of an Safepay4U.com Safepay4U Transaction and whether to disburse Safepay4Ued Funds.
When the Underlying Parties use Safepay4U.com in connection with a transaction on an external marketplace and use its authentication service, Safepay4U.com shall in no circumstance be liable for goods that are not returned or in any way damaged or altered in connection with the authentication service or involvement of external marketplace in the Safepay4U Transaction.
When merchandise that is subject of an Safepay4U Transaction is transacted using an external marketplace, and an authentication service is used in connection with that external marketplace, this authentication service is managed and operated exclusively by that external marketplace and not by Safepay4U.com. To the extent permitted by Applicable Law, it is the sole and independent obligation and duty of the Underlying Parties to satisfy any and all obligations to the external internet marketplace and authentication service in connection with the Safepay4U.com Safepay4U Transaction.
36. Shipping and Tracking of Returned Item.
Following rejection of Merchandise in accordance with these Terms, Buyer shall ship rejected Merchandise to Seller at its address designated in Seller’s profile.
Immediately upon shipping the rejected Merchandise to Seller, Buyer shall complete and submit, through the Site, the requested shipping information. Upon receipt of the shipping information, Safepay4U.com will email Seller the name of the carrier and tracking number supplied by Buyer. If Buyer effects the return of rejected Merchandise without following the guidelines in these Terms, then in addition to any other remedies that Safepay4U.com or Seller may have, Safepay4U.com will not return to Buyer any of the Safepay4Ued Funds unless and until: (i) Seller confirms that the rejected Merchandise has arrived in the same condition in which it was originally sent by Seller; or (ii) there is a final Dispute Resolution, as specified in the Dispute Resolution section below, that requires Safepay4U.com to return any Safepay4Ued Funds. Should no shipping be necessary for the return, then Seller and Buyer shall be free of the shipping and tracking obligations.
The Seller Inspection Period shall commence upon the first to occur of either: (i) Seller’s acknowledgment of receipt of Merchandise; (ii) Safepay4U.com’s receipt of verification of delivery to Seller’s correct address via the shipper’s or registrar’s tracking services; (iii) Seller's failure to accept Buyer’s returned item in accordance with these Terms; or (iv) Seller’s failure to retrieve the returned Merchandise upon notification from the carrier and/or any governmental office of availability. Seller shall have five (5) calendar days following the date on which the Seller Inspection Period begins to inspect the returned Merchandise.
37. Seller’s Acceptance or Rejection of Return; Disbursement of Funds.
Seller shall have five (5) calendar days following the date on which the Seller Inspection Period begins to click the “Accept” or “Reject” button and follow all further instructions on the Site to accept or reject returned Merchandise.
During the Seller Inspection Period, should Seller:
fail to click either the “Accept” or “Reject” buttons; or
fail to follow all instructions to effectuate the acceptance or rejection of the returned Merchandise, then at the end of the Seller Inspection Period, Seller shall be deemed to be satisfied with the quality of the returned Merchandise and shall be deemed to have accepted it.
Seller may reject the timely return of returned Merchandise only if it is returned in a condition other than the condition when first sent to Buyer. Should Seller reject the Merchandise during the Seller Inspection Period, the Underlying Parties shall negotiate during the Negotiation Period. Should they fail to provide a joint instruction during the Negotiation Period to Safepay4U.com, either of the Underlying Parties may institute binding arbitration (“Arbitration”) (in accordance with the Dispute Resolution section below) at any time within fourteen (14) calendar days following the Negotiation Period. If, as of the 15th calendar day following the end of the Negotiation Period, neither of the Underlying Parties has instituted Arbitration with notice to the other Parties, then Seller shall be deemed to have waived its rights to a return of all or any portion of the purchase price, the Safepay4U Transaction shall terminate, and Safepay4U.com shall return the Safepay4Ued Funds, less the Safepay4U Fees, as provided herein.
Upon the first to occur of either: (i) Seller’s acceptance of the returned Merchandise; (ii) the end of the Seller Inspection Period; or (iii) on the 15th calendar day following the Negotiation Period the failure of either Underlying Party to institute Arbitration and notify all Parties, Safepay4U.com will disburse the Safepay4Ued Funds as follows:
If the Transaction Safepay4U Terms reflect Buyer’s agreement to pay for shipping and/or any portion of the Safepay4U Fees, Safepay4U.com will pay Buyer the purchase price, less these costs, and Safepay4U.com will pay Seller for the shipping fee in the amount set forth in the Transaction Safepay4U Terms, disburse the Safepay4U Fees to Safepay4U.com and the balance to Buyer.
If the Transaction Safepay4U Terms reflect Seller’s agreement to pay for shipping and/or any portion of the Safepay4U Fees, then Safepay4U.com shall pay Buyer the Safepay4Ued Funds, minus the Safepay4U Fees.
If the Underlying Parties agreed that the item will not be shipped to Buyer prior to the Close of Safepay4U, then Safepay4U.com will not deduct shipping fees.
Once all costs are paid and funds are disbursed, the Safepay4U Transaction shall be deemed cancelled, with no further obligation due by the Parties under the Transaction Safepay4U Terms. Safepay4U.com reserves the right and while under no obligation may provide Seller up to 48 hours’ notice if an Inspection Period has ended without Seller’s involvement.
Notwithstanding anything to the contrary herein, for an Safepay4U Transaction involving IPv4 Numbers, Buyer’s rejection of IPv4 Numbers still registered to Seller in the source RIR’s Whois records shall constitute automatic return of the IPv4 Numbers to Seller and the beginning of Seller’s Inspection Period. Seller may reject the return of the IPv4 Numbers only if Seller is able to provide Safepay4U.com (via login to the Site) independently verifiable information that in Safepay4U.com’s absolute discretion indicates that the transfer of IPv4 Numbers from Seller to Buyer has been approved, without express reservation or condition, by the applicable RIR(s) and that the applicable RIR(s) will not agree to rescind the approval or otherwise cancel the transfer. Unless the Underlying Parties otherwise agree to a different joint instruction to Safepay4U.com, upon Safepay4U.com’s confirmation that the recipient Regional Internet Registry (RIR) Whois records reflect Buyer as the registrant, Safepay4U.com shall close the Safepay4U Transaction and disburse the Safepay4Ued Funds to Buyer, minus the Safepay4U Fees.
38. Cancellation.
Once Safepay4Ued Funds have been deposited, if Seller fails to ship the Merchandise within the required 10-day period or within any longer time period upon which the Underlying Parties have agreed, except to the extent an earlier refund is required by Applicable Law, Buyer may request a refund of the Safepay4Ued Funds through the support form (https://www.safepay4u.com/contact-us). Upon such request, Safepay4U.com shall be entitled to retain the Safepay4U Fees regardless of any other previous arrangement for allocation of the fees between the Underlying Parties. Seller may request the Safepay4U Transaction be cancelled and the Buyer refunded, less Safepay4U Fees and any additional charges for currency exchange, at any time until shipment. Seller may not cancel a domain name Safepay4U Transaction after the domain name has been secured in Safepay4U.com’s holding account. In the event of a cancellation after Safepay4Ued Funds are received, or rejection of the Merchandise, Broker will not receive the commission unless otherwise stipulated in the Transaction Safepay4U Terms.
Notwithstanding anything to the contrary herein, for Safepay4U Transactions involving IPv4 Numbers, the 10-day period for Seller to ship the Merchandise after safepay4u has been funded shall not apply. Buyer or Seller may cancel the Safepay4U Transaction, and each shall promptly notify Safepay4U.com of the cancellation. If either of the Underlying Parties requests cancellation of an Safepay4U Transaction pursuant to this paragraph, and the request for cancellation is alleged to be in violation of the underlying agreement, Buyer or Seller may pursue any right or remedy against each other (but not Safepay4U.com) available. Any claim against Safepay4U.com or involving the Safepay4U Services, Safepay4Ued Funds, or Safepay4Ued Property must be made pursuant to the Dispute Resolution process set forth below.
39. Safepay4U Transactions Involving a Broker. The Broker may initiate an Safepay4U Transaction providing the Buyer and Seller email addresses and any other required information. Once the Underlying Parties agree to the Safepay4U Transaction, including the Broker’s commission, Buyer will be prompted to send payment to Safepay4U.com. After Safepay4U.com verifies cleared funds, it will instruct Seller to transfer the Merchandise to Buyer. When Buyer or Safepay4U.com has confirmed Buyer’s receipt of the Merchandise, the Buyer Inspection Period shall begin. Upon Buyer’s acceptance or expiration of the Buyer Inspection Period, Safepay4U.com will disburse the Safepay4Ued Funds, minus the Safepay4U Fees, to Seller and the Broker. In the event of a cancellation after Safepay4Ued Funds are received or rejection occurs, the Broker will not receive the commission unless otherwise stipulated in the Transaction Safepay4U Terms.
40. Dispute Resolution.
If a dispute, claim, question, disagreement, or breach (collectively, “Disputes”) occurs between the Underlying Parties concerning the Safepay4U Transaction, or any aspect of the Safepay4U Services, the Underlying Parties shall promptly notify Safepay4U.com in writing and use their best efforts during the Negotiation Period to resolve the Dispute. If they do so, they shall promptly notify Safepay4U.com by joint instruction of the resolution terms. If they are unable to do so, they shall submit the matter to Arbitration on or before the Arbitration Commencement Period ends and promptly email notice of commencement to Safepay4U.com. Before Buyer initiates Arbitration, Buyer must return the Merchandise to Seller.
If any Dispute occurs between an Underlying Party and Safepay4U.com or concerning the Safepay4U Services, the Parties agree to submit to binding Arbitration in accordance with this Section. An Underlying Party with such Dispute must promptly notify Safepay4U.com of the Dispute in writing. The Underlying Party and Safepay4U.com will use their best efforts during the Negotiation Period to resolve the Dispute. If the Parties are unable to resolve the Dispute during the Negotiation Period, they shall submit the matter to Arbitration on or before the Arbitration Commencement Period ends in accordance with this Section.YOU AGREE AND ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights with respect to Safepay4U.com to the maximum extent permitted by Applicable Law. You agree to resolve any Dispute between you and Safepay4U.com EXCLUSIVELY THROUGH BINDING ARBITRATION as set forth in this Section. Your rights with respect to any Dispute with Safepay4U.com will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the Arbitration procedures may be simpler and more limited than rules applicable in a court. You understand and agree that any final decision of an Arbitrator with respect to Arbitration between you and Safepay4U.com is as enforceable as any court order.
Any Disputes brought by You must be brought exclusively in Your own capacity and not as a plaintiff or class member in any purported class or representative proceeding. Additionally, the Arbitrator may not consolidate more than one person’s Disputes against Safepay4U.com and may not otherwise preside over any form of a representative or class proceeding or award class-wide relief against Safepay4U.com.If Safepay4U.com has not received notice of Arbitration following the Arbitration Commencement Period, Safepay4U.com may terminate the Safepay4U Transaction and refund the Safepay4Ued Funds to Buyer, minus the Safepay4U Fees. Safepay4U.com may (but has no obligation to) commence Arbitration, or to interplead the Safepay4Ued Funds with a court of competent jurisdiction. If so, Safepay4U.com may use the Safepay4Ued Funds to pay the fees to initiate Arbitration or to file an action and serve process except to the extent restricted or prohibited by Applicable Law. The Underlying Party instituting Arbitration shall notify the other Parties by sending written notice of demand for arbitration. The Underlying Parties shall accept service of the notice of arbitration or a Complaint and summons in connection with a judicial action via email at the addresses previously provided to Safepay4U.com by the Underlying Parties.
Arbitration may be initiated with the American Arbitration Association (“AAA”), Judicial and Mediation Services, Inc. (“JAMS”) or Net-ARB Inc. (“net-ARB”) (each an “Arbitration Provider”), at the discretion of the commencing Party. The Arbitration shall take place in San Francisco, California, unless the involved Parties all agree to a different venue. The Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. Except as modified by these Terms, and unless otherwise agreed upon by the parties in writing, the Arbitration will be governed by the Arbitration Provider’s published rules and procedures. In the event of a conflict between these Terms and one of the Arbitration Provider’s rules or procedures, these Terms shall control to the extent of such conflict.
Unless the involved Parties agree otherwise, Arbitration shall be conducted before a single neutral arbitrator who is a member of AAA, JAMS, or net-ARB, (“Arbitrator”) with substantial experience in resolving commercial contract disputes. The commencing Party shall provide the Arbitration Provider with a copy of this arbitration provision and the names, contact information, and contact persons associated with the Underlying Parties and Safepay4U.com, with a copy to all other Parties (“Arbitration Request”). Safepay4U.com shall not be a party to the Arbitration to resolve a Dispute between the Underlying Parties unless Safepay4U.com voluntarily elects to participate. The Arbitration Request will request the Arbitration Provider to select an Arbitrator pursuant to the Arbitration Provider’s procedures. If the Arbitration Provider does not have such a procedure, the Arbitration Request will request the Arbitration Provider to identify three potential Arbitrators (“Arbitration Provider List”). No Underlying Party may request any specific Arbitrator be included on the Arbitration Provider List. Each Underlying Party may, within five (5) days after receipt of the proposed names, strike one name from the list. Thereafter, the Arbitration Provider shall appoint as Arbitrator a person whose name has not been struck and an alternate. If the Arbitration Provider does not timely appoint an Arbitrator and alternate, either Underlying Party may petition the San Francisco County Superior Court, San Francisco, California, for such appointment. Within ten (10) calendar days after the appointment, the Arbitrator shall schedule a planning hearing, which will be conducted by telephone and shall be held within the next ten (10) calendar days, to discuss scheduling, discovery, and any other issues in the Arbitrator’s discretion.
The Arbitrator shall decide all gateway issues of arbitrability including whether the Dispute is subject to Arbitration in whole or in part and whether a Party’s litigation conduct constitutes a waiver of the right to demand Arbitration.
The Arbitrator shall enter a default award if an Underlying Party fails to participate in the Arbitration.
Unless the Underlying Parties (and Safepay4U.com if involved) agree otherwise as set forth herein, the Arbitration for transactions shall take place in San Francisco, California, at a date, time and location selected by the Arbitrator. The final hearing must be commenced within 120 calendar days after notice of the selection of the Arbitrator is served (by either the Arbitration Provider or the Superior Court, as the case may be). The parties must use commercially reasonable efforts to have the hearing concluded within 90 calendar days after it is commenced, although the parties agree an Arbitrator may, in its sole discretion, take a longer period of time to set the time for the hearing or make its determination or order. A decision shall be reasoned. Except where the Arbitrator determines to take a longer period of time, the parties shall use commercially reasonable efforts to have the decision rendered within 20 days after the conclusion of the final hearing.
Subject to the prevailing-party shifting award specified below, each Underlying Party shall advance a pro-rata share of the Arbitrator’s expenses and fees, and the other arbitration expenses incurred or approved by the Arbitrator. Safepay4U.com will not be responsible for any portion of the Arbitration expenses and fees unless Safepay4U.com is a party to a Dispute under paragraph (b) above. An Underlying Party that fails to pay its share shall not be allowed to participate in the Arbitration and shall be subject to an order of default and resultant award by the Arbitrator. If an Underlying Party fails to pay its share, the other Underlying Parties shall pay pro rata the remaining costs. The Arbitrator shall add such payment in the final award to return the Underlying Parties to their position had proper payment been made.
The Arbitrator shall award the prevailing Party his/her/its expenses and fees of Arbitration, reasonable attorneys’ fees, and witness fees in accordance with these Terms, the Federal Arbitration Act, and, as necessary, the applicable Arbitration Provider’s rules and procedures.
A failure to respond or otherwise comply with a demand for Arbitration or to participate in the Arbitration will result in forfeiture of all rights of the non-complying Underlying Party concerning the dispute, including rights to the Safepay4Ued Funds or any property associated therewith, and may result in a default judgment against that Underlying Party.
An Arbitration award shall be final and binding upon the participating Parties to the Arbitration and judgment confirming the award may be entered in any court of competent jurisdiction. The Arbitrator shall serve a copy of the award on all Parties (including Safepay4U.com even if not involved in Arbitration).
Except as required by Applicable Law, Safepay4U.com will take no action to close the Safepay4U Transaction or otherwise dispose of the Safepay4Ued Funds until receipt of: (i) a joint instruction signed by all the affected Underlying Parties; or (ii) an order of the Arbitrator or court of competent jurisdiction directing action by Safepay4U.com. Safepay4U.com shall have no responsibility to initiate and/or continue to update the Underlying Parties regarding status of the Safepay4U Transaction, Arbitration, or judicial proceeding. If required by Applicable Law or if instructed by the Arbitrator, provided that all fees required of the Underlying Parties under these Terms are paid in advance, Safepay4U.com will place the Safepay4Ued Funds into an interest-bearing account. The disposition of the interest earned to the Underlying Parties shall be decided concurrently with the resolution of the dispute. THE OBLIGATION OF SAFEPAY4U.COM AND ITS AFFILIATES SHALL BE LIMITED TO THE HOLDING AND DISBURSEMENT OF THE SAFEPAY4U FUNDS UPON INSTRUCTIONS SIGNED BY ALL UNDERLYING PARTIES OR AN AWARD FROM THE ARBITRATOR AND/OR JUDGE. Notwithstanding any of the foregoing, Safepay4U.com reserves the right at its sole discretion to interplead disputed funds related to any Safepay4U Transaction to a court.
Safepay4U.com may, in its discretion, institute Arbitration or a judicial proceeding (including interpleading the Safepay4Ued Funds with a court of competent jurisdiction) to resolve any Dispute in an Safepay4U Transaction.
41. Integrated Affiliate. If an entity’s site is integrated to the Site in whole or in part for the purpose of data transmission, that entity shall be considered an integrated affiliate (“Integrated Affiliate”) and shall be bound by the Transaction Safepay4U Instructions and Supplemental Safepay4U Instructions (if any) effective when the terms pass from Seller’s site (and Broker’s site when applicable) to the Site. Seller (and Broker when applicable) shall be bound by the Transaction Safepay4U Terms and any Supplemental Safepay4U Terms effective when Buyer clicks the “Agree” button, thereby attaching Buyer’s Digital ID.
42. Time Limits.
Should the Site or the Safepay4U Services be unavailable, or the Underlying Parties jointly desire to extend the Buyer or Seller Inspection Periods, then Safepay4U.com may in its discretion extend such times, and will provide prompt email notification to all Underlying Parties. Except for Safepay4U.com extensions, the Inspection Periods shall not be modified.
If the Site is unavailable to inform Safepay4U.com of any acceptance, rejection or return of an item, then the affected Underlying Party shall notify Safepay4U.com within the applicable time limit either by calling Safepay4U.com 786-357-1224 or emailing from the support form (https://www.safepay4u.com/contact-us). This notification will not be considered effective until Safepay4U.com notifies the Underlying Parties of receipt via email or by updating the Transaction Detail Screen.
43. Payments.
All Safepay4Ued Funds payable to one of the Underlying Parties shall be paid as soon as possible to the applicable Account following Buyer’s acceptance, Seller’s acceptance, or the resolution of a dispute. If Buyer overpays, Safepay4U.com shall reimburse the overpayment upon the Close of Safepay4U. If an Underlying Party is overpaid, the recipient shall promptly return the overpaid amount to Safepay4U.com. The recipient shall also pay any postage costs and/or wire fees if an alternate payment is requested. The Underlying Parties shall also hold Safepay4U.com harmless from any loss arising from currency conversion.
If Buyer chooses credit card as the method of payment, Safepay4U.com may charge Buyer’s credit card when Buyer selects the Form of Payment from the Transaction Detail Screen. Buyer shall provide documentation to validate identity. Safepay4U.com may refuse a credit card or other form of payment for any reason and need not disclose the reason. If refusal occurs, the Safepay4U Transaction shall be considered cancelled twenty (20) calendar days after Safepay4U.com’s notification to Buyer of the refusal and Buyer’s failure to cure within that period. All Safepay4Ued Funds disbursements shall be made by mailing a regular check, unless otherwise requested by the payee. Alternatively, the payee may receive a credit back to a credit card or other payment source if authorized to do so by the credit card company or other payment source.
Payments made by check shall be subject to a 10-day hold.
Due to processing delays, payments by credit card, debit card or PayPal Account shall not be on deposit with Safepay4U.com until the Business Day on which the funds are actually deposited into Safepay4U.com’s designated account.
Safepay4U.com does not accept forwarding or ‘pushing’ of ACH payments to safepay4u accounts. An ACH payment will only be accepted where it has been expressly approved and authorized by Safepay4U.com in writing and in advance of that ACH payment being made. Where the Underlying Parties request approval for payment by ACH, and where this method of payment is approved by Safepay4U.com for an Safepay4U Transaction, the ACH payment will be initiated by Safepay4U.com or its payment gateway and not by the Underlying Parties. In no circumstances will an ACH payment be accepted as a valid payment where it is forwarded, initiated, or ‘pushed’ into an safepay4u account by the Underlying Parties to an Safepay4U Transaction. It is understood that any ACH transaction must comply with U.S. laws and NACHA rules. Except as required by Applicable Law, Safepay4U.com is not responsible for any errors in the completion, accuracy, or timeliness of any transfer properly initiated by Safepay4U.com in accordance with joint written instructions occasioned by the acts or omissions of any third-party financial institution or a party to the transaction, or the insufficiency or lack of availability of Your funds on deposit in an external account. In the instance that a refund is required from a transaction funded via ACH, Safepay4U.com requires the party responsible for funding the transaction to submit a recall request from the originating institution. If the institution is unable to execute a recall, we must receive written notification stating that the institution cannot perform a recall. With further consideration, a refund may be executed by Safepay4U.com.
Upon any payment or other disposition of the Safepay4Ued Funds, the Safepay4U Transaction shall be deemed closed and final with no further obligation by the Parties. If after an Safepay4U Transaction is closed and Safepay4U.com has distributed proceeds, a Buyer (and Broker when applicable) who has made a payment by ACH or credit card instructs the bank or card issuer to stop payment or make a charge back so that Safepay4U.com does not receive the payment or the previous credit from the bank or card issuer is reversed or “charged back”, Buyer (and Broker when applicable) shall be deemed to have materially breached these Terms. If such breach occurs after the Safepay4U Transaction closes, damages in the amount of the stopped payment, reversal or chargeback plus an additional amount equal to Safepay4U.com’s actual costs, losses, or damages as a result of such stopped payment, reversal, or chargeback will be imposed, which amount is reasonable in light of (i) the anticipated or actual harm caused by the breach; (ii) the difficulties of proof of loss; and (iii) the inconvenience or non-feasibility of otherwise obtaining an adequate remedy.
44. Safepay4Ued Funds.
In accordance with California Financial Code § 17409 (and similar code sections of other states’ laws, as applicable), Safepay4U.com will hold Safepay4Ued Funds in a non-interest-bearing deposit account with any institution acceptable to the California Department of Financial Protection and Innovation (or similar state agency of other states) and insured by the Federal Deposit Insurance Corporation. The maintenance of such accounts may result in Safepay4U.com’s or its Affiliates’ receiving certain bank services, accommodations, or other benefits by the bank, none of which shall redound to the Underlying Parties’ benefit.
Unless otherwise requested as specified herein and permitted by law, the Safepay4Ued Funds do not earn interest. If the Underlying Parties anticipate an extended period before the Close of Safepay4U, they may jointly request by email, and Safepay4U.com may approve, in its discretion, the deposit of the Safepay4Ued Funds into an interest-bearing deposit account, in compliance with California Financial Code § 17409 (and similar code sections of other states’ laws, as applicable), Safepay4U.com will maintain the account at the bank holding Safepay4U.com’s other deposit accounts. If Safepay4U.com approves the request, it will charge a one-time nonrefundable fee of $100.00 to the Underlying Party to whom the interest is due and payable.
45. Unclaimed Funds.
Safepay4U.com will escheat unclaimed Safepay4Ued Funds in accordance with Applicable Law.
46. Changes to Contact Information. You agree to notify us immediately of any changes to Your contact information, including Your email address, residential, business and/or mailing address, and telephone number(s), so that all Your records at Safepay4U.com can be updated accordingly. You authorize us to send information and inquiries to the email address we have on file for Your Account.
47. Indemnification.
The Underlying Parties shall indemnify, defend and hold harmless Safepay4U.com, its Affiliates and the respective officers, directors, shareholders, employees and assigns of Safepay4U.com and its Affiliates from, against and in respect of any and all third party tort claims, suits, actions, and proceedings (collectively, “Claims”) to the extent that such third-party Claims arise from the negligent acts, errors, or omissions of the Underlying Parties relating to the use of the Safepay4U Services or a breach of the Safepay4U.com Terms of service, including: non-payment or insufficient payment of Safepay4U Fees or any other charge; any chargeback from a card organization; or reversal or nonpayment of any credit or debit entry. The foregoing also applies to all judgements, settlements, liabilities, damages, demands, taxes, charges, expenses and legal and other expenses (including without limitation reasonable legal fees and expenses of attorneys), arising out of such third-party Claims. The indemnification obligation shall be due from the Underlying Party(ies) causing the harm to Safepay4U.com. If more than one Underlying Party owes an indemnification obligation, the obligation shall be joint and several. The foregoing indemnities shall survive the termination of these Terms.
You further agree to release, indemnify, and hold Safepay4U.com, including its Affiliates, and our respective officers, directors, shareholders, employees and assigns harmless from and against all liability, claims, damages, actions or losses caused by or arising from Your conduct in connection with:
all losses or costs suffered or incurred by Ecrow.com, including Disputes.
any failure by You to pay fees.
any failed or cancelled Safepay4U Transaction including for the avoidance of doubt any chargebacks from a card organization or reversal or nonpayment of any credit or debit entry.
any misrepresentation, breach of contract or failure of consideration in relation to Your dealings with a Party including for the avoidance of doubt, any dispute(s).
any failure by You to provide correct information to us.
any failure by You to update Your personal or business contact information in accordance with these Terms.
Any breach by You of Your obligations under or in connection with these Terms.
48. Communications Among Parties. Unless otherwise agreed by all Parties or specified herein, all communications shall be via email and with respect to Underlying Parties, to the last address provided in the user profile. All agreements separate from the Transaction Safepay4U Terms shall be in writing and signed by the affected Underlying Parties or Parties. The Underlying Parties shall use the Site to verify the accuracy of all emails from Safepay4U.com. In accordance with California Civil Code § 1633.15, an electronic record shall be deemed sent when the information is properly addressed or directed to its intended recipient, and either: (a) enters an information processing system outside the control of the sender; or (b) enters a region of an information processing system under the recipient’s control. An Underlying Party unable to use the Site after the Safepay4U Transaction has commenced may contact Safepay4U.com by telephone at 786-357-1224 from 8:00 a.m. to 4:00 p.m. in San Francisco, California for alternative methods of signature and acknowledgment. The Parties shall only be required to employ alternative communication methods reasonable under the circumstances. In accordance with California Civil Code § 1633.5, if Seller sells Merchandise by both electronic and non-electronic means, and a Buyer purchases Merchandise by an electronic transaction, Buyer may refuse to conduct further transactions regarding the Merchandise by electronic means, in which case the Parties must acknowledge the arrangement, failing which Safepay4U.com may terminate the Safepay4U Transaction.
49. Identification.
Safepay4U.com shall create, issue and verify Digital IDs for all Underlying Parties. In accordance with these Terms and California Civil Code § 1633.9, the Uniform Electronic Transaction Act, and similar laws, Digital IDs shall be considered “electronic signatures” attributable to the person as if the Digital ID were the act of the person, and may be shown in any manner, including any security procedure employed for verification purposes.
Digital IDs are attached to all accepted electronic documents and notification emails. Buyer’s Digital ID is attached to all accepted documents when Buyer clicks the “Agree” button. Seller’s Digital ID is attached to all electronic documents when Seller clicks the “Agree” button and documents are transmitted from Seller to the Site. A Broker’s Digital ID is attached to all accepted documents when the Broker initiates the Safepay4U Transaction by providing the initial email addresses of Buyer and Seller. Notwithstanding anything to the contrary, Safepay4U.com may require ink signatures on hard copy documents, including any or all of the Transaction Safepay4U Terms.
Safepay4U.com is committed to adhering to all applicable Anti-Money Laundering and Terrorism Financing Laws. To comply with the regulatory obligations and global economic and other sanctions, we conduct screening and comply with the requirements of Applicable Law.
We will collect information about Your identity such as Your full name, date of birth, residential address, and identification number, where applicable and verify the information electronically or using documents we obtain from You.
For us to confirm Your identity electronically, we may disclose Your personal information to an identity verification service.
For a non-individual (such as a corporation, partnership, or trust), You must provide to us documents showing the legal existence of the entity.
While Your identity is being confirmed, or if we are unable to confirm Your identity, we may be unable to provide the requested Safepay4U Services.
50. Safepay4U.com’s Rights; Disputes.
If Safepay4U.com believes that the Safepay4U Transaction violates the Safepay4U.com Terms of Service or may violate Applicable Law, then it may terminate the Safepay4U Transaction and, in Safepay4U.com’s sole discretion, may seek relief in a judicial proceeding or take other actions it deems appropriate.
If any Dispute between the Underlying Parties is not resolved within a reasonable time, as determined by Safepay4U.com, or a conflicting demand is made upon it, Safepay4U.com may demand Arbitration or institute a judicial proceeding or take other actions it deems appropriate.
51. Authority. The natural person who clicks the “Agree” button on behalf of an Underlying Party certifies that he/she: (a) is of majority age in the jurisdiction in which he/she resides; (b) has read and agrees to be bound by the Safepay4U.com Terms of Service; and (c) has authority to act for the entity which he/she is representing.
52. No Representations or Warranties. Safepay4U.com makes no representation or warranty concerning, and assumes no responsibility for, the legality of the Underlying Transaction or the Safepay4U Transaction, the condition of the Merchandise purchased and sold, sufficiency of instruments conveying ownership, or agreements therefor. Payment of sales tax, utilities, performances of the Underlying Parties, transfer of insurance policies or warranties, legality of the Underlying Transaction and Safepay4U Transaction or legal effect thereof or any other matters not expressly covered in the Safepay4U.com Terms of Service are deemed outside of the Safepay4U Transaction, and neither Safepay4U.com nor any of its Affiliates shall have any responsibility therefor.
53. Entire Agreement/Conflict Resolution.
The Safepay4U.com Terms of Service constitute the entire agreement among the Parties concerning the subject matter thereof and supersede all prior or contemporaneous understandings, agreements, or communications concerning such subject matter.
If there is a conflict between the General Safepay4U Instructions and either the Transaction Safepay4U Instructions or the Supplemental Safepay4U Terms, the General Safepay4U Instructions shall control first, to the extent of such conflicting terms. In the event of a conflict between the General Safepay4U Instructions and these Terms, these Terms shall control first, to the extent of such conflicting terms.
Nothing in the Safepay4U.com Terms of Service is intended to affect the separate agreements between or among the Underlying Parties, and the separate agreements have no effect on Safepay4U.com.
54. No Third-Party Beneficiaries. Except as otherwise provided with respect to officers, directors, shareholders, employees and assigns of Safepay4U.com and its Affiliates, there are no intended third-party beneficiaries of the Safepay4U.com Terms of Service.
55. Survival. All provisions of the Transaction Safepay4U Terms that contemplate performance or abstention following termination of the Safepay4U Transaction, and all rights and remedies that accrue before termination, shall survive termination. This specifically includes, but is not limited to, the Dispute Resolution provisions of these Terms.
56. Governing Law; Jurisdiction; Forum Selection.
These Terms and all other provisions of the Safepay4U.com Terms of Service shall be governed by and construed in accordance with the laws of
For Australian users, the State of New South Wales, Australia.
For Canadian users: the Province of British Columbia.
For United States users and all other regions: the State of California
without regard to the choice or conflicts of law provisions of any jurisdiction. Should there be a jurisdictional conflict between buyer and seller, the seller's jurisdiction takes precedence for these Terms.In any action to enforce or that otherwise concerns the Transaction Safepay4U Terms, including an action to confirm or vacate an Arbitration award, the Parties shall submit to personal jurisdiction to the courts of the State of California and litigate exclusively in the courts located in San Francisco County, California. The Parties intend this forum selection to be mandatory and not permissive. Each Party hereby waives any right to object to venue or jurisdiction or to assert the doctrine of forum non conveniens or similar doctrine to avoid the exclusive forum selection.
57. Reasonable Attorneys’ Fees and Expenses. In any formal legal action, lawsuit, or Arbitration to enforce or that otherwise concerns the Safepay4U Transaction or the Underlying Transaction, the prevailing Party shall recover its reasonable attorneys’ fees and expenses from the losing Party incurred in Arbitration, trial court, appellate, mediation, bankruptcy, any counterclaim to a lawsuit filed by the other party and proceedings to fix the reasonable amounts of attorneys’ fees and expenses. The Arbitrator shall award reasonable attorneys’ fees and expenses incurred in the Arbitration to the prevailing Party against the losing Party. Attorneys’ fees and expenses include fees and expenses of Safepay4U.com’s in-house counsel.
58. Severability. If any provision of the Transaction Safepay4U Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
59. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
60. Force Majeure. If a Party’s performance of its obligations under the Safepay4U.com Terms of Service is impeded by any condition beyond that Party's reasonable control, including an act of God such as earthquake, hurricane, tornado, flooding, or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo, or failure of electrical service or electronic or communication systems, or the similar conditions or epidemics, pandemics or outbreak of communicable disease; quarantines; international, national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control (“Force Majeure Condition”), the affected Party will be excused from performance and shall resume performance promptly on cessation of the Force Majeure Condition, providing notice of the circumstances and updates to all other Parties.
61. Non-Waiver. Safepay4U.com’s failure to exercise or enforce any right or provision of the Transaction Safepay4U Terms shall not waive such right or provision unless agreed to by Safepay4U.com in writing.
62. Questions about the Services. You may inquire about payments made through the Safepay4U Service by calling the toll-free number that appears on the Site or by filling out the customer service form (https://www.safepay4u.com/contact-us). If You believe an error has been made or there has been any unauthorized use of Your Account or the Safepay4U Services, You agree to call or send an e-mail as soon as possible, but no later than forty-eight (48) hours after You become aware of an error. When You contact Safepay4U.com, please be prepared to provide Your name, Safepay4U.com reference number and the email address You have registered on the Safepay4U.com site.
63. Continuing Agreement. If You are a registered User of the Site, each time You request the Safepay4U Services will constitute Your agreement to these Terms, as amended from time to time in Safepay4U.com's sole discretion, and evidence that You have read, understood and accepted the then applicable terms of using the Safepay4U.com platform.
64. Incorporation by Reference. The Safepay4U.com Site Terms of Use, the Transaction Detail Screens, Privacy Policy, and General Safepay4U Instructions are incorporated herein by this reference and the Parties rights and obligations are subject to those provisions.
65. Signature Confirmation by Parties to these Terms and Conditions. Each Parties’ respective acknowledgement to these Terms by acknowledgement of the same on the Site constitutes each Party’s signature and agreement to these Terms.
66. Domain Names Addendum. If the property to be sold through the Underlying Transaction qualifies as a domain name, the Terms include the provisions set forth in Addendum 1 to these Terms.
67. IPv4 Numbers Addendum. If the property to be sold in the Underlying Transaction qualifies as an IPv4 number, the Terms include the provisions set forth in Addendum 2 to these Terms.
68. Motor Vehicle Transactions Addendum. If the property to be sold in the Underlying Transaction qualifies as a Motor Vehicle, the Terms include the provisions set forth in Addendum 3 to these Terms.
69. State or other Law Addendum. Although one or more the Underlying Parties and the Safepay4Ued Property or Merchandise may be a citizen of and/or physically located in a location, venue or jurisdiction other than California, the Underlying Parties all represent and agree that the Safepay4U Transaction and Safepay4U Services are deemed to be coordinated and taking place in California.
70. Electronic Signatures. For purposes of the Safepay4U.com Terms of Service, “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record that is executed and adopted with the intent to sign such record. Specifically, You agree that an electronic signature includes, without limitation, typing your name, or clicking a checkbox or button labeled “I agree” (or similar words). Additionally, You specifically agree that the electronic signatures included in these Terms are intended to authenticate the Safepay4U.com Terms of Service and have the same force and effect as manual signatures in accordance with, and to the fullest extent permitted by, the Uniform Electronic Transactions Act and all similar laws.
71. Consent to Electronic Communications. You understand and agree that Safepay4U.com may provide You all communications and documents, whether initiated by Safepay4U.com or requested by You, electronically as further explained below until You withdraw Your consent as provided in this section. Your consent applies to the Safepay4U Services and includes, but is not limited to the following types of communications and documents (collectively, “Communications”): all legal and regulatory disclosures, notices, and communications associated with our services; this agreement and any supplemental, additional, or modifying terms or agreements; privacy or data security notices and policies; responses to Your inquiries, complaints, claims, or any other communication; account statements and notices; any other written instrument, report, notice, or information required to be provided by the Safepay4U.com Terms of Service or Applicable Law.
Notwithstanding Your consent to receive all Communications electronically, Safepay4U.com reserves the right to require You to provide Communications to Safepay4U.com on paper or in another format according to Safepay4U.com’s sole discretion.
Safepay4U.com reserves the right at its sole discretion to discontinue the provision of electronic Communications. Safepay4U.com will provide You with notice of any such discontinuation as required by Applicable Law. Additionally, Safepay4U.com reserves the right, but assumes no obligation, to provide paper instead of electronic copies of Communications that You have authorized Safepay4U.com to provide electronically.
All Communications that Safepay4U.com provides electronically may be provided by email, on the Site, through a mobile app, or by mobile phone text message if You have opted to receive such text messages.
In order to view and retain electronic Communications, You must have: (i) a computer, tablet, or mobile phone with access to the Internet and capable of running the latest supported version of Internet Explorer, Firefox, Safari, or Chrome; (ii) sufficient electronic storage capacity on Your computer or device or cloud storage account to receive Communications; (iii) an active email account; and (iv) access to a printer. By consenting to receiving Communications electronically, You also are confirming that You have the foregoing hardware and software and that you are able to receive and review electronic Communications.
You understand and agree that for purposes of the Safepay4U.com Terms of Service as well as any other legal purpose, electronic Communications from Safepay4U.com to You will be considered to have been delivered “in writing.” You should download and/or print a copy of any Communications for Your records.
You may withdraw Your consent to receive Communications electronically at any time. Your withdrawal of consent will become effective after Safepay4U.com has received written notice of Your withdrawal of consent and has had a reasonable opportunity to act upon it. To withdraw Your consent to receive Communications electronically You must contact us by email. If You withdraw consent, all prior Communications delivered electronically before You withdrew Your consent will remain valid, enforceable, and legally binding.
However, You hereby acknowledge and agree that if You withdraw Your consent to receive Communications electronically, Your ability to access and use the Safepay4U Services will be terminated.
End of General Safepay4U.com Terms and Conditions.
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General use
General Safepay4U Instructions
Internet Safepay4U Services, Inc., a California corporation ("IES") is the direct provider of safepay4u services, and is licensed by the Department of Financial Protection and Innovation, State of California, License Number 963 1867, the Arizona Department of Financial Institutions EA 0908016, and the Idaho Department of Finance, License Number ESC-1050.
The following provisions shall be referred to as the "General Safepay4U Instructions." The parties hereto employ, authorize and instruct IES to act as Safepay4U Holder and Safepay4U Agent in connection with the Transaction under the terms and conditions on the Transaction Detail Screens, these General Safepay4U Instructions, Terms of Using the Safepay4U Platform and any supplemental Safepay4U Instructions as hereinafter defined and all collectively referred to as the "Transaction Safepay4U Instructions." Safepay4U.com and IES are hereinafter collectively referred to as "Safepay4U.com" and intermittently referred to as "we" or "us."
General Provisions
Transactions performed by a Buyer, Seller and Broker on the Safepay4U.com site, shall be governed by the Uniform Electronic Transactions Act (Cal. Civil Code Section 1633.1 et. seq.) and the California Financial Code governing Safepay4U Regulations.
A person or entity offering personal property for sale, and desiring to use the Safepay4U.com site in order to close such a sale, shall hereinafter be referred to as "Seller".
A person or entity desiring to purchase personal property from a Seller, by use of the Safepay4U.com site for completing the purchase shall be referred to as "Buyer".
A person or entity offering to broker personal property for sale, and desiring to use the Safepay4U.com site in order to close such a sale, shall hereinafter be referred to as "Broker". A Buyer and Seller may complete a Transaction with or without a Broker. When a Broker is party to this agreement, additional instructions as set forth of Section 9 of these General Instructions shall also apply. To the extent that any Broker may be involved in a Transaction, the Broker shall become a party to the Transaction and have rights under and/or through the safepay4u Transaction only if the Broker is an identified Broker on the particular Safepay4U.com Transaction. If either Buyer or Seller has any independent relationship, obligation or duty of any kind with any other broker or a third party broker, such other or third party broker has no rights under and/or through the Transaction or from Safepay4U.com. It is the sole and independent obligation and duty of the Buyer or Seller who has any independent relationship with any other or third party broker to satisfy any and all obligations to such other or third party broker.
The use of the Safepay4U.com site (by the Buyer, Seller and Broker) for purposes of effectuating a single safepay4ued transfer of ownership of personal property shall be referred to as a "Transaction". The completion of the Transaction by Buyer and Seller (and Broker when applicable) is referred to herein as the "Close of Safepay4U". A Buyer, Seller and Broker may enter into a Transaction for the sale and purchase of many different types of personal property. This Instruction refers to the personal property which is the subject of a Transaction interchangeably as "merchandise" "goods" "item(s)" or "Safepay4Ued Property". Funds deposited into Safepay4U by the parties shall be referred to as "Safepay4U Funds".
Buyer and Seller (and Broker when applicable) should each log onto the Safepay4U.com website daily and regularly to confirm the status of the Transaction, the shipping and tracking and/or the Closing.
The time of day and calendar day for all matters and events referred to in these Instructions will be determined by Pacific Time. All communications of any kind, for any purpose shall be made in the English language. It is the responsibility of Buyer and or Seller (and Broker when applicable) to each know and understand the English language. Any party who requires interpretation to or from the English language for the purpose of making or receiving any communication, relating to these Instructions or the Terms of Using the Safepay4U Platform, shall be responsible for any of his, her or its own respective costs in that regard.
The term “Business Day” shall refer to the working days Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Pacific Time, which are not legal holidays in Orange County, California observed by Safepay4U.com.
Payments made by check shall be subject to a ten (10) Business Day hold.
Due to potential processing delays, payments made by credit card, debit card, PayPal or ACH Debit may not instantaneously be reflected in Safepay4U.com. It is the responsibility of users to check their Safepay4U.com accounts and ensure that any payments made have been processed and visible in Safepay4U.com.
1. Instructions and Deposit of Funds into Safepay4U
Once the Buyer and Seller (and Broker when applicable) have agreed to identical Transaction Detail Screens for a specific underlying Transaction, and both (and Broker when applicable) have agreed to these General Safepay4U Instructions by selecting the "Agree" button at the bottom of the Transaction Detail Screens, these instructions shall constitute a binding agreement between all parties. No blank spaces shall exist on the Transaction Detail Screens as of the time the Buyer and Seller (and Broker when applicable) select the "Agree" button. After Buyer and Seller (and Broker when applicable) both select the "Agree" button, the Transaction Detail Screens, General Safepay4U Instructions and Terms of Using the Safepay4U Platform constitute the Transaction Safepay4U Instructions to govern the Transaction between the Buyer and Seller (and Broker when applicable) (the "Transaction Safepay4U Instructions"). Should it become necessary to add a supplemental instruction(s), or to make any addition to, deletion from, or alteration to the Transaction Detail Screens, all parties (Buyer, Seller, Safepay4U.com and Broker when applicable) must execute (by digital signature or by a method mutually agreed upon by both parties) any supplemental instruction, addition, deletion or alteration thereto (collectively the "Supplemental Safepay4U Instruction(s)). Safepay4U.com reserves the right to reject any Supplemental Safepay4U Instructions and to terminate the Transaction as provided herein. In accordance with California Civil Code 1633.8, Safepay4U.com may accept instructions that are created, generated, sent, communicated, received or stored by electronic means and by attaching their Digital Identification. The parties to the Transaction hereby agree to conduct the Transaction electronically. The parties acknowledge that by entering into the Transaction Safepay4U Instructions, they are able to electronically receive the Transaction Safepay4U Instructions, download the Transaction Safepay4U Instructions and print the Transaction Safepay4U Instructions.
2. Domain Name(s)
In the event the personal property being transferred in this Transaction qualifies as a "Domain Name", Safepay4U.com is instructed to close only when the transfer of the Domain Name has been confirmed by Safepay4U.com (at its option) or the Buyer has notified Safepay4U.com that Buyer has received the transfer and allowed the Inspection Period named in the Transaction Detail Screen to expire or the Buyer has accepted the transfer. Seller shall transfer a Domain Name(s) to Buyer based upon information provided in Buyer's profile. Seller agrees to provide the username and password and/or authorization code, if any, necessary to access the Domain Name to Buyer prior to the release of funds. Should Seller agree to accept payments from a Buyer for a Domain Name, and request that Safepay4U.com hold the Domain Name while these payments are being made, then Buyer and Seller shall execute a separate agreement to govern the holding of a Domain Name by Safepay4U.com.
To the extent that a Transaction involves an safepay4u which shall result in Safepay4U.com holding the domain name for a designated period of time, the parties shall agree to be bound by the Domain Name Holding Instructions and other such Transaction documents as the parties may submit to Safepay4U to govern the Transaction. In a Domain Name Holding Transaction the duties of the Buyer and Seller may not be assigned by the Buyer and Seller without prior written consent by the other party and Safepay4U.com. Instructions, by the Seller to Safepay4U.com, to have safepay4ued funds paid or delivered to a third party or entity (who is not party to the Transaction) is not considered to be an assignment.
2A. IPv4 Numbers
The provisions of this paragraph 2A shall amend and supplement the General Safepay4U Instructions for Transactions involving IPv4 Numbers. “IPv4 Numbers” means the IPv4 address range in the Transaction Detail page. IPv4 Numbers shall be deemed “personal property.” In safepay4u instructions from both Buyer and Seller at the commencement of the transaction, Buyer and Seller (or Broker, on behalf of Buyer and Seller) shall identify the applicable regional Internet registry(ies) (“RIR”) that will be initiating (the source RIR) and finalizing (the recipient RIR) the transfer of the registration of the IPv4 Numbers. The source RIR of the Seller and the recipient RIR of the Buyer may either be the same RIR or different RIRs. “Ship” or “Shipped” means Seller has either (i) submitted a request to the source RIR to transfer the registration of the IPv4 Numbers to the Buyer and satisfied the source organization transfer policy requirements imposed on Seller by the applicable RIR, which may include payment of a transfer fee to the source RIR and has provided notice of shipment to Safepay4U.com via login to the transaction website, or (ii) delivered the IPv4 Numbers to Buyer in accordance with an alternative transfer or delivery process set forth in the underlying agreement between Buyer and Seller. Buyer shall be deemed to have received the IPv4 Numbers and the Inspection Period named in the Transaction Detail Screen shall commence the earlier of when (i) the transfer of IPv4 Numbers has been confirmed by Safepay4U.com by presentation of whois records of the recipient RIR that reflect Buyer as the registrant of the IPv4 Numbers, or (ii) Buyer has confirmed its receipt of the IPv4 Numbers and has provided notice of receipt to Safepay4U.com via login to the transaction website. Subject to Section 5, Safepay4U.com shall close the Transaction and release the safepay4ued funds to Seller (and Broker, where applicable) the earlier of when Buyer has either allowed the Inspection Period named in the Transaction Detail Screen to expire or accepted the IPv4 Numbers. Section 3 (Shipping and Tracking of Item) and Section 6 (Shipping and Tracking of Returned Item) shall not apply to Transactions involving IPv4 Numbers.
3. Shipping and Tracking of Item
Upon receipt of Buyer's funds, and clearance of same, Safepay4U Holder will notify Seller to ship the merchandise. This notice to Seller shall be accomplished via email which will require the Seller to log on to the Safepay4U.com website to confirm secured funds, unless all parties lawfully agree to a different method of notification. Upon Seller's verification, Seller agrees to ship the merchandise, insured for full value to Buyer. Buyer and Seller agree to choose a shipping method that utilizes online tracking information. Seller shall ship merchandise to Buyer based upon information provided in Buyer's profile. Seller will be responsible for shipping damage if insurance is not purchased. Seller agrees to complete and submit the shipping information to the Safepay4U.com website, on the same day on which the merchandise is placed in the possession of the company responsible for shipping. Confirmation of same will be sent via email to all parties, unless all parties lawfully agree to a different method of notification.
The Buyer Inspection Period (as defined in Buyer and Seller's Transaction Safepay4U Instructions, as agreed to on the Transaction Detail Screens of Safepay4U.com) shall commence upon the first to occur of either: (1) Buyer's acknowledgment of receipt of merchandise or domain(s); or (2) the Safepay4U.com website receipt of verification of delivery to the Buyer's profile information via the shipper's or registrar's tracking services. The Buyer Inspection Period shall be calculated in full calendar days, the number of days to be agreed upon by the Seller and Buyer in the Transaction Safepay4U Instructions.
In the event the Seller has not shipped the goods within ten days of notification by Safepay4U.com (through its email or posting on the Safepay4U.com website) of Buyer's deposit of immediately available funds, Buyer may request a return of funds, less the safepay4u fee, and Safepay4U.com will do so after notifying both parties.
Unless the parties agree otherwise, Buyer is responsible for any duties, customs fees or other charges resulting from an international Transaction, which shall be included in the purchase price. It is the responsibility of the shipping party to properly declare the merchandise and its value for customs procedures.
4. Buyer's Acceptance, Disbursement of Funds
During the Buyer Inspection Period, Buyer shall either: (1) select the "Accept" button on the Safepay4U.com website, and follow all further instructions accordingly to complete acceptance of the goods; or (2) select the "Reject" button and follow any further instructions to complete the rejection of the goods. Should the Buyer fail to select either the "Accept" or "Reject" buttons, and/or follow all further instructions, then Buyer shall be deemed to be satisfied with the quality of the goods/domain(s), and to have accepted the goods/domain(s).
Notwithstanding the foregoing, for Transactions involving IPv4 Numbers, Buyer shall not be permitted to reject the IPv4 Numbers if the recipient RIR’s whois records reflect Buyer or its designee as the registrant of such IPv4 Numbers, and Buyer’s selection of the “Reject” button shall have no effect on Safepay4U.com’s authority to close the transaction or Seller’s (and Broker’s) right to receive the safepay4u funds as set forth in Section 2A (IPv4 Numbers).
Safepay4U.com will then begin the process of disbursing the funds as follows:
If, in the Transaction Safepay4U Instructions, the Buyer agreed to pay for shipping, and/or any portion of the safepay4u fee, then those costs shall be collected as Buyer's funds, and remitted with the purchase price. At Close of Safepay4U, Safepay4U.com will pay the Seller the purchase price and shipping fee itemized in the transaction, less any payment for expedite fees and disburse the safepay4u fee to Safepay4U.com.
If, in the Transaction Safepay4U Instructions, the Seller agreed to pay for shipping, and/or any portion of the safepay4u fee, then at Close of Safepay4U Safepay4U.com will pay to Seller the purchase amount, less any disbursement expedite fees, and any portion of the safepay4u fee. Shipping fees will be deemed paid outside of safepay4u.
Safepay4U.com reserves the right to provide the Buyer a written 48-hour notice if an Inspection Period has ended without the Buyer's involvement.
5. Buyer Rejection Process
The buyer is responsible for 100% of the safepay4u fee in the event the transaction is cancelled or the merchandise is returned. During the Buyer Inspection Period, Buyer may reject for any reason by selecting the "Reject" button on the Safepay4U.com site and following all other instructions to properly reject the merchandise. Upon such rejection, Safepay4U.com will send Seller an email stating Buyer's decision to reject and return the goods; and Buyer agrees to promptly ship goods to Seller within ten (10) calendar days of formal rejection and insure, at Buyer's expense, the item(s) to the place designated by the Seller in the Seller's profile. Buyer will be responsible for shipping damage if insurance is not purchased. Buyer is aware that merchandise must be rejected in the manner described in order to obtain a refund of the purchase price.
In the event that Buyer rejects the goods in violation of other terms of acceptance and rejection, applicable to Buyer and Seller in connection with the underlying Transaction (including but not limited to the Transaction Safepay4U Instructions and Safepay4U.com guidelines) the Seller shall not be prohibited from pursuing any available right or remedy available under the Uniform Commercial Code or other applicable law against Buyer for breach of the Transaction.
Buyer is aware that regardless of the reason for rejection, Safepay4Ued Property must be returned to the Seller in order for funds to be returned to the Buyer. Shipping costs for returned Safepay4Ued Property must be arranged and completed within ten (10) days of Buyer's rejection. Failure of Buyer to return the Safepay4Ued Property within the specified time period will cause Safepay4U.com to automatically pay the Seller the purchase price.
In Transactions where the Safepay4Ued Property is a domain name, if a Buyer rejects a domain name (which is not being held by Safepay4U.com pursuant to a separate holding agreement) within the Inspection Period, return of the domain name from Buyer to Seller must be initiated within ten (10) days of Buyer's rejection. Failure of Buyer to reject or initiate return of the domain name within the specified time periods will cause the Safepay4U Holder to automatically pay the Seller the purchase price. Seller agrees to cooperate in the return process of the domain. In the event the domain transfer to the Buyer has caused a ICANN imposed registrar lock, the Buyer and Seller agree that the Seller will open an account at the receiving registrar to take possession of the domain or that the funds will be held in safepay4u until this period expires and the domain can be returned to the Seller’s registrar.
Notwithstanding anything to the contrary herein, for Transactions that involve IPv4 Numbers, Buyer may reject the IPv4 Numbers only where the whois records of the recipient RIR do not reflect Buyer or its designee as the registrant of the IPv4 Numbers (as confirmed by Safepay4U.com), in which case Buyer’s rejection shall be deemed Buyer’s automatic return of the IPv4 Numbers to Seller. If, in such event, Seller accepts the return of the IPv4 Numbers (as further described in Section 7 with respect to IPv4 Numbers), Safepay4U.com shall refund the safepay4ued funds to Buyer, less the safepay4u fee.
The following additional terms apply to Safepay4U transactions that are referred to Safepay4U.com from an external online marketplace, including but not limited to eBay, where that marketplace applies an authentication service to merchandise that is subject of an Safepay4U Transaction:
(i) Where merchandise subject to an Safepay4U.com Transaction is purchased through an external marketplace, and where Safepay4U.com is used as a method of payment, the Underlying Parties will be bound by the merchandise authentication rules and procedures of that external marketplace, when completing the Safepay4U.com Transaction.
(ii) The relationship between the Underlying Parties and the referring external marketplace and merchandise authentication service, is independent of the relationship between the Underlying Parties and Safepay4U.com where it concerns the Safepay4U.com Transaction. In no circumstances will Safepay4U.com be liable for any loss suffered by the Underlying Parties resulting from the Underlying Parties’ engagement with an external marketplace or merchandise authentication service.
(iii) Where an external marketplace has a merchandise authentication service and where the Underlying Parties engage with that authentication service, the progress of the Safepay4U.com Transaction may be determined in part by the outcome of that authentication service. Where the Underlying Parties engage with an external merchandise authentication service, the following will generally apply:
a. Where the authentication service and external marketplace determine that the merchandise that is the subject of the Safepay4U Transaction is unauthentic or where authentication is unsuccessful, it is the responsibility of the Underlying Parties to engage with the authentication service and external marketplace to ensure the merchandise is returned to the Seller.
b. Where the authentication service and external marketplace determine that the merchandise subject of the Safepay4U.com Transaction is authentic or where authentication is successful, it is the responsibility of the Underlying Parties to engage with the authentication service and external marketplace to ensure the merchandise is received by the Buyer. A determination made that the merchandise is authentic or where authentication is successful will not affect the Buyer Inspection Period and Buyer may reject the merchandise for any reason by clicking the “Reject” button and following all other instructions on the Site for rejecting the merchandise following Section 5 of these Terms.
c. Where Buyer rejects the merchandise and where the external marketplace and authentication service require re-authentication of the merchandise before it can be returned to the Seller, the Buyer must follow all instructions from the external marketplace and authentication service as to where to return the merchandise for re-authentication. The Buyer must not return the merchandise directly to the Seller where the external marketplace and authentication service require the merchandise to be re-authenticated prior to the merchandise being returned to the Seller. When Safepay4U.com receives confirmation from the external marketplace that the merchandise has been successfully re-authenticated and returned to the Seller, Safepay4U.com may return funds to the Buyer at its discretion.
d. In any event, the maximum amount of times the authentication process can occur will be determined by the external marketplace and merchandise authentication service, and which operate independently of Safepay4U.com.
e. The Underlying Parties authorize Safepay4U.com to rely on information it receives from the external marketplace and authentication service regarding the authenticity and location of the merchandise, in deciding when to release funds to the Seller or return funds to the Buyer.
f. The Underlying Parties agree that where merchandise is transacted through an external marketplace using Safepay4U.com as the payment method, Safepay4U.com will rely on information it receives directly from that external marketplace when deciding the status of an Safepay4U.com transaction and whether to disburse Safepay4Ued funds.
g. Where the Underlying Parties use Safepay4U.com in connection with a transaction on an external marketplace and use its authentication service, Safepay4U.com shall in no circumstance be liable for goods that are not returned or in any way damaged or altered in connection with the authentication service or involvement of external marketplace in the Safepay4U Transaction.
(iv) Where merchandise that is subject of an Safepay4U Transaction is transacted using an external marketplace, and an authentication service is used in connection with that external marketplace, this authentication service is managed and operated exclusively by that external marketplace and not by Safepay4U.com. It is the sole and independent obligation and duty of the Underlying Parties to satisfy any and all obligations to the external internet marketplace and authentication service in connection with the Safepay4U.com Transaction.
6. Shipping and Tracking of Returned Item
By rejecting the item in the manner described above, Buyer agrees to return the item(s) promptly to Seller at the address designated by Seller in the Seller's profile. Buyer is responsible for all related shipping and insurance costs; and agrees to return the item to the Seller by use of a shipping method that utilizes online tracking information. It is the responsibility of the shipping party to properly declare the merchandise and its value for customs procedures.
Immediately upon shipping the goods back to Seller, Buyer shall complete and submit, through the Safepay4U.com website, the requested shipping information. Upon receipt of such information, Seller will be notified by an email from Safepay4U.com which includes the name of the shipping company and the relevant tracking number as supplied by Buyer. If Buyer sends the goods to Seller without following the guidelines set forth in this paragraph, then in addition to any other remedies which Safepay4U.com or Seller may have, Safepay4U.com will not return to Buyer any of the safepay4ued funds unless and until; (1) the Seller confirms that the rejected item has arrived in the same condition in which it was originally sent; or (2) there is a final Dispute Resolution, as set forth in the Dispute Resolution section below. Should no shipping be necessary in order to effectuate the return of the merchandise, then Seller and Buyer shall be free of the shipping and tracking obligations as defined in this section.
The Seller Inspection Period shall commence upon the first to occur of either: (1) Seller's acknowledgment of receipt of merchandise or domain(s); or (2) the Safepay4U.com website receipt of verification of delivery to the Seller's profile information via the shipper's or registrar's tracking services; or (3) the Seller's failure to accept Buyer's delivery of returned goods; or (4) the Seller's failure to retrieve returned goods upon notification from the shipping company and/or any governmental office of the returned goods' availability for pick up. The Seller shall have five (5) calendar days following the date on which the Seller Inspection Period begins to inspect the "returned" merchandise/domain(s).
7. Seller Acceptance or Rejection of Return, Disbursement of Funds
The Seller shall have five (5) calendar days following the date on which the Seller inspection period begins to: (1) select the "Accept" button on the Safepay4U.com website, and follow all further instructions to properly accept returned goods; or (2) select the "Reject" button on the Safepay4U.com website, and follow all further instructions to properly reject returned goods.
During the Seller Inspection Period, should Seller: (1) fail to select either the "Accept" or "Reject" buttons on the Safepay4U.com website; or (2) fail to follow all instructions in order to effectuate the acceptance or rejection of a returned item, then at the end of the Seller Inspection Period, Seller shall be deemed to be satisfied with the quality of the returned goods, and shall be deemed to have accepted the returned goods.
The Seller may reject the timely return of Safepay4Ued Property only if the property is returned in a condition other than the condition it was in when first sent from Seller to Buyer. Should Seller reject the item during the Seller Inspection Period, the Seller and Buyer shall negotiate for the Negotiation Period, as defined below. Should the Buyer and Seller fail to reach an agreement during the Negotiation Period and provide a joint instruction evidencing same to Safepay4U.com, either Buyer or Seller may file for arbitration (in accordance with the Dispute Resolution section below) at any time in the fourteen (14) calendar days following the Negotiation Period. If, as of the fifteenth (15th) calendar day following the end of the Negotiation Period, neither Buyer nor Seller has filed for and given notice of the commencement of arbitration in accordance with the Dispute Resolution section of these Instructions, and given acceptable proof of the commencement of arbitration to the non-filing party and Safepay4U.com, then Seller shall be deemed to have waived any rights Seller may have to a return of all or any portion of the purchase price, the Transaction shall terminate, and Safepay4U.com shall return Buyer's funds as provided herein.
Upon the first to occur of either: (1) Seller's acceptance of the returned goods; (2) the end of the Seller Inspection Period; or (3) on the 15th calendar day following the Negotiation Period the failure of Buyer or Seller to commence arbitration (in accordance with the Dispute Resolution provisions of these Instructions and notify all parties as provided therein) Safepay4U.com will begin the process of disbursing the Safepay4U Funds as follows:
If, in the Transaction Safepay4U Instructions, Buyer agreed to pay for shipping, and/or any portion of the safepay4u fee, Safepay4U.com will pay Buyer the purchase price, less these costs, and Safepay4U.com will pay Seller for the Shipping Fee in the amount set forth in the Transaction Safepay4U Instruction, disburse the safepay4u fee to Safepay4U.com, and disburse the balance to Buyer.
If, in the Transaction Safepay4U Instructions, the Seller agreed to pay for shipping, and/or any portion of the safepay4u fee, then Safepay4U.com shall pay Buyer the amount deposited less Safepay4U.com's fee.
If Buyer and Seller agreed that the Item will not be shipped from Seller to Buyer prior to the Close of Safepay4U, then Safepay4U.com will not deduct shipping fees from the Buyer's Required Payment.
Once all costs are paid, and funds are disbursed, the safepay4u shall be deemed cancelled, with no further obligation due by Buyer, Seller, or Safepay4U.com (or Broker when applicable) under this Agreement or under the Transaction Safepay4U Instructions. Safepay4U.com reserves the right to provide the Seller a written 48-hour notice if an Inspection Period has ended without the Seller's involvement.
Notwithstanding anything to the contrary herein, for a Transaction of IPv4 Numbers, Buyer’s rejection of IPv4 Numbers still registered to Seller in the source RIR’s whois records shall constitute automatic return of the IPv4 Numbers to Seller and the beginning of Seller’s Inspection Period. Seller may reject the return of the IPv4 Numbers only if Seller is able to provide to Safepay4U.com (via login to the transaction website) independently verifiable information that in the sole discretion of Safepay4U.com (acting reasonably) indicates that the transfer of IPv4 Numbers from Seller to Buyer has been approved, without express reservation or condition, by the applicable RIR(s) and that the applicable RIR(s) will not agree to rescind the approval or otherwise cancel the transfer. Unless Buyer and Seller otherwise agree to a different joint instruction to Safepay4U.com, upon Safepay4U.com’s confirmation that the recipient RIR’s whois records reflect Buyer as the registrant, Safepay4U.com shall close the Transaction and disburse the safepay4ued funds to Seller (and Broker) as described under Section 2A (IPv4 Numbers).
8. Cancellation
Once safepay4u funds have been deposited, in the event that Seller fails to ship the merchandise within the required ten (10) day period or within any longer time period upon which Buyer and Seller have mutually agreed, Buyer may request a refund of the deposited funds. The request for refund shall be submitted to the support form. Buyer hereby agrees that the entire safepay4u fee shall be deducted from his/her/its refund regardless of any other previous arrangement for allocation of the safepay4u fee that may have been made between Buyer and Seller (and Broker when applicable). A Domain Name Holding transaction may not be cancelled by the Seller after the domain has been secured in Safepay4U.com’s holding account. Buyer and Seller also agree that Seller may request the safepay4u transaction be cancelled and the Buyer refunded, less safepay4u fees, at any time. In the event of a cancellation after funds are received, or rejection of merchandise, the Broker will not receive the commission unless otherwise stipulated in the safepay4u agreement.
Notwithstanding anything to the contrary herein or in the Safepay4U.com Terms of Use, for Transactions involving the transfer of IPv4 Numbers, the ten (10) day period required in the General Safepay4U Instructions and Safepay4U.com Terms of Using the Safepay4U Platform for Seller to ship merchandise after safepay4u has been funded shall not apply. Buyer or Seller may cancel the Transaction pursuant to the underlying agreement between Buyer and Seller for the sale and transfer of the IPv4 Numbers and each notify Safepay4U.com of the same. If either Buyer or Seller requests cancellation of a Transaction pursuant to this Section, and such request for cancellation is by notice to Safepay4U.com (via login to the transaction website) alleged to be in violation of the terms of the underlying agreement, Buyer or Seller may pursue any available right or remedy against each other (but not Safepay4U.com) available to it under contract or applicable law. Any claim against Safepay4U.com or involving the safepay4u process or property or funds or the holding, management, administration or maintenance in safepay4u must be made pursuant to the dispute resolution process set forth in Section 10.
9. Transactions Involving a Broker as a Party
The Broker will initiate the Transaction providing the Buyer and Seller email addresses and shall give instructions as to any restrictions on access to Buyer or Seller contact information. In the event the Broker restricts any information, the Buyer and Seller information may remain anonymous until such time as Safepay4U.com secures the Buyer’s funds. Once the Buyer and Seller agree to the Transaction, including the agreement to the Broker’s commission, the Buyer will be prompted to send payment to Safepay4U.com via wire transfer. After Safepay4U.com secures and verifies funds, Safepay4U.com will instruct the Seller to transfer the merchandise to the Buyer. When the Buyer or Safepay4U.com has confirmed the Buyer’s receipt of the merchandise, the Inspection Period shall begin. Upon the Buyer’s acceptance or the Inspection Period expiring, Safepay4U.com will disburse funds to the Seller and the Broker per the Safepay4U Agreement. In the event of a cancellation after funds are received, or rejection of merchandise, the Broker will not receive the commission unless otherwise stipulated in the safepay4u agreement.
10. Dispute Resolution
In the event of any dispute, claim, question, disagreement or breach arising from or relating to Safepay4U.com's Terms of Using the Safepay4U Platform, these General Safepay4U Instructions, the Transaction Detail Screens, or the Transaction Safepay4U Instructions, including but not limited to Seller's rejection of returned goods, Buyer's or Seller's Acceptance or Rejection of an item and/or Cancellation of the Transaction, Buyer and Seller (and Broker when applicable) hereby agree to use their best efforts to consult and negotiate in good faith for the Negotiation Period, as defined below, to reach a solution satisfactory to all parties. If the parties reach an agreed upon resolution, Buyer and Seller (and Broker when applicable) will promptly notify Safepay4U.com in writing by joint instruction of the terms and conditions thereof.
The following shall be referred to herein as the "Dispute Date": (1) the Seller's Rejection of Return of the merchandise/domain(s) on the Safepay4U.com website; or (2) Safepay4U.com rejecting merchandise/domain(s) on behalf of the Seller if the Seller is unable to gain access to the Safepay4U.com website. The fourteen (14) calendar days beginning with the Dispute Date shall be referred to as the "Negotiation Period". If Buyer and Seller (and Broker when applicable) do not reach an agreed upon resolution and notify Safepay4U.com of the same in writing by a joint instruction during the Negotiation Period either Buyer or Seller (or Broker when applicable) shall submit the matter to binding arbitration within fourteen (14) calendar days after the end of the Negotiation Period. This second fourteen-day period shall be referred to herein as the "Arbitration Commencement Period". Notice that such arbitration has been commenced shall be promptly given, via e-mail, by the party commencing arbitration to the other parties and Safepay4U.com. Before Buyer initiates a submission to arbitration, Buyer must return the Safepay4Ued Property received by Buyer to Seller.
If Safepay4U.com has not received notice that binding arbitration has been commenced within the Arbitration Commencement Period, Safepay4U.com may terminate or cancel the Transaction and refund the Safepay4U Funds to the Buyer, less the safepay4u fee, in accordance with these Instructions and the Transaction Safepay4U Instructions. Safepay4U.com reserves the right (but has no obligation) to commence arbitration, or to interplead the funds with a court of competent jurisdiction at any time. In this case, Buyer and Seller (and Broker when applicable) authorize Safepay4U.com to use the safepay4u funds to pay the administrative fees to initiate arbitration or to file a judicial action and process service of the summons and complaint. The party instituting the arbitration proceeding shall notify Safepay4U.com and the other parties by sending notice of demand for binding arbitration to the non-filing parties. Buyer and Seller (and Broker when applicable) agree to accept service of the notice of demand for binding arbitration via e-mail (via the e-mail addresses previously provided to Safepay4U.com by Buyer, Seller, and Broker when applicable) and further agree that no further notice is necessary to have their dispute submitted to binding arbitration by either Buyer, Seller, (Broker when applicable) or Safepay4U.com pursuant to this Section.
Any such binding arbitration shall be submitted by the party commencing the arbitration either to American Arbitration Association ("AAA") or Judicial and Mediation Services, Inc. ("JAMS"), or Net-ARB Inc. (“net-ARB”). It is the obligation of Buyer and Seller (and Broker when applicable) to perform their own due diligence and to review the websites and other sources of information available from AAA, JAMS and/or Net-ARB prior to any selection they may consider as the terms, procedures and prices of the respective arbitrators may vary. The arbitration shall take place within the State of California, County of Orange, unless Buyer, Seller, (and Broker when applicable) and Safepay4U.com all agree otherwise in writing to a different arbitration provider or venue. In addition to the fact that Buyer and Seller (and Broker when applicable) agree to have any dispute, claim, question, disagreement or breach arising from or relating to Safepay4U.com's Terms of Use, these General Safepay4U Instructions, the Transaction Safepay4U Instructions, or the Transaction Detail Screens be determined through binding arbitration, Buyer and Seller (and Broker when applicable) also agree that any issue that may arise regarding the arbitrability of any dispute sent to arbitration under this section shall be determined by the arbitrator alone.
Unless Buyer, Seller, (and Broker when applicable) and Safepay4U.com all agree otherwise the arbitration shall be conducted before a single arbitrator who is a member of AAA, JAMS, or net-ARB, (the "Arbitration Provider"). The party initiating the arbitration will make a written request to the Arbitration Provider, including a copy of this arbitration provision (the "Arbitration Request"). The Arbitration Request will include a notice with the names of Buyer, Seller, (and Broker when applicable) and Safepay4U.com, and the last known mailing addresses, telephone numbers, facsimile numbers, email addresses and contact person for each and every party. The Arbitration Request will be delivered concurrently to all parties, including Safepay4U.com. Although Safepay4U.com will be provided notice of the Arbitration Request and notice of the final award or decision of the arbitrator, Safepay4U.com will not be an actual party to the arbitration proceeding to resolve the dispute between Buyer and Seller (and Broker when applicable) unless Safepay4U.com voluntarily elects to intervene. The Arbitration Request will instruct the Arbitration Provider to select an arbitrator pursuant to the Arbitration Provider’s procedures existing at the time of the Arbitration Request. If the Arbitration Provider does not have an existing procedure for selecting an arbitrator the Arbitration Request will instruct the Arbitration Provider to randomly propose the name of three potential arbitrators and for the Arbitration Provider to submit those three names to all parties concurrently (the "the Arbitration Provider List"). No party may request to the Arbitration Provider that any particular arbitrator be included on the Arbitration Provider List. Any arbitrator specifically requested to be on the Arbitration Provider List is to be excluded. Each party may, within five days after receipt of the proposed names, strike and exclude one name from the list. Thereafter, the Arbitration Provider shall appoint as arbitrator a person whose name has not been struck from the list ("the Arbitration Provider Appointment") and an alternate. If for any reason the Arbitration Provider does not appoint an arbitrator within 15 business days of the submission by any party of its exclusion, either party may petition the Orange County Superior Court, Santa Ana, California for the appointment of an arbitrator. Within 10 calendar days after the appointment of the arbitrator, the arbitrator will schedule a pre-arbitration hearing, which will be conducted by telephone and shall be held within the next ten business days.
The arbitrator shall have the power to enter a default award if a party fails to participate in the arbitration.
Unless Buyer, Seller, (and Broker when applicable) and Safepay4U.com agree otherwise as set forth herein, the arbitration hearing shall take place in the County of Orange, State of California, at a date, time and location selected by the arbitrator. The actual arbitration hearing must be commenced within 120 days after notice of the identity of the arbitrator is served (by either the Arbitration Provider or the Superior Court as the case may be). The hearing must be concluded within 90 calendar days after it is commenced. A decision shall be rendered within 10 calendar days after the conclusion of the hearing. The arbitrator shall establish any deadlines necessary to accomplish these time requirements.
Each party to the arbitration shall pay a pro-rata share of the arbitrator's expenses and fees, and the other arbitration expenses incurred or approved by the arbitrator, excluding attorney fees, witness fees, and other expenses incurred by a party for his or her own benefit. Because Safepay4U.com is not a party to a dispute between Buyer and Seller (and Broker when applicable), Safepay4U.com will not be responsible for any portion of the arbitration expenses and fees. The parties shall estimate their costs and pay their estimated share before commencement of the arbitration. Any extra arbitration costs shall be paid within ten business days after the close of the proceeding and before the award. A party that fails to pay its share shall not be allowed to participate in the arbitration. If a party fails to pay its share, the other parties shall pay pro rata the cost of the party that failed to pay. The arbitrator shall add such payment to the final award in such a fashion as to return the parties to the position they would have been in, to the greatest extent possible, if all had paid their share.
The arbitrator may award the prevailing party his or her expenses and fees of arbitration, including reasonable attorney fees and witness fees, in such proportion as the arbitrator decides.
Except as otherwise set forth in this Agreement, the arbitrator shall have the powers to determine the nature and extent of any discovery to be allowed and also will have all other powers provided in California Code of Civil Procedure sections 1282-1284.3.
Buyer and Seller (and Broker when applicable) understand and agree that failing to respond or otherwise comply with either party's or Safepay4U.com's notice/demand for binding arbitration pursuant to this section and/or failing to participate in the arbitration process will without notice result in forfeiture of any and all rights that the non-responding Buyer or Seller (or Broker when applicable) may have with regard to the subject matter of the dispute, including but not limited to rights Buyer or Seller (or Broker when applicable) have to the Safepay4U Funds and or any property associated therewith returned or distributed to them, and can result in a default judgment against such party.
Any award in such arbitration shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction. The arbitrator will be instructed to serve a copy of the final award or decision on Safepay4U.com and Safepay4U.com will comply with the arbitrator's final award or decision.
In the event of a dispute, Buyer and Seller (and Broker when applicable) are aware that no action on closing the Transaction will be taken on the part of Safepay4U.com until such time as the dispute is resolved except by either: (i) Safepay4U.com's receipt of a written notice of a joint instruction providing the terms of an agreed upon resolution; or (ii) an order of the arbitrator or a court of competent jurisdiction in response to Buyer's or Seller's (or Broker’s when applicable) or Safepay4U.com's action to institute binding arbitration in accordance with these Instructions; or (iii) the order of the arbitrator or a court of competent jurisdiction in response to Safepay4U.com's action for interpleader or other legal or equitable remedies. Safepay4U.com shall have no responsibility and/or liability to initiate and/or continue to update either party regarding status of the Transaction Safepay4U, arbitration or other legal proceeding. If instructed and all fees (the amount as set forth in the Terms of Using the Safepay4U Platform in effect at the time) are paid in advance, Safepay4U.com will place funds into an interest bearing account with no further authorization required for same. The disposition of the interest earned shall be decided concurrently with the resolution of the dispute. THE OBLIGATION OF SAFEPAY4U.COM, THE SAFEPAY4U HOLDER AND THEIR AFFILIATES SHALL BE LIMITED TO THE HOLDING AND DISBURSEMENT OF FUNDS UPON WRITTEN INSTRUCTIONS SIGNED BY ALL PARTIES OR AN AWARD FROM THE ARBITRATOR AND/OR JUDGE.
Safepay4U.com may, in its sole discretion, institute the binding arbitration procedures set forth above and/or any other legal proceedings (including interpleading the funds with a court of competent jurisdiction) to resolve any dispute arising from a Transaction between Buyer and Seller and/or related to Buyer's and Seller's respective use of the Safepay4U.com site. Notwithstanding any other provision in these General Safepay4U Instructions to the contrary, and regardless of whether Safepay4U.com is identified as a party to any arbitration or other dispute governed by this section, nothing herein shall be construed to limit Safepay4U.com's legal and/or equitable rights, including but not limited to the filing of an interpleader action in any court of competent jurisdiction.
11. Integrated Affiliate
In the event an entity's site is integrated to the Safepay4U.com website in whole or in part for the purpose of data transmission, that entity shall be considered an integrated affiliate ("Integrated Affiliate"). In the event that Seller (and Broker when applicable) is an Integrated Affiliate, Seller (and Broker when applicable) shall automatically be deemed to agree to the terms set forth in the Transaction Detail Screens effective when the terms pass from Seller's site (and Broker’s site when applicable) to the Safepay4U.com site. Seller (and Broker when applicable) shall agree automatically to these General Safepay4U Instructions, the Terms of Using the Safepay4U Platform, the Transaction Safepay4U Instructions and any Supplemental Safepay4U Instructions effective when Buyer selects the "Agree" button, thereby attaching Buyer's Digital Identification.
12. Time Limits
Should the Safepay4U.com site or our services be unavailable, or if Buyer and Seller (and Broker when applicable) jointly desire to extend the Buyer Inspection Period or the Seller Inspection Period, then Safepay4U.com may, but shall not be obligated to, extend such times as set forth in the Transaction Safepay4U Instructions at Safepay4U.com’s sole and absolute discretion, and Safepay4U.com will provide prompt email notification of any extension to all parties. With the exception of Safepay4U.com extensions, the Buyer Inspection Period and the Seller Inspection Period as set forth in these Instructions and the Transaction Safepay4U Instructions shall not be modified.
If, for any reason, you are unable to gain access to the Safepay4U.com site to inform Safepay4U.com of any acceptance, rejection or return of merchandise, then you must notify Safepay4U.com within the applicable time limit either by calling Safepay4U.com 786-357-1224 or by emailing us from the support form. This notification will not be considered effective until Safepay4U.com acknowledges receipt by notifying Buyer and Seller (and Broker when applicable) via email or by updating the Transaction Detail Screen.
13. Timing of Payment
All Safepay4U Funds due to Buyer and Seller (and Broker when applicable) shall be paid as soon as possible following the Buyer's acceptance, Seller's acceptance, or the resolution of a dispute. In the event that Buyer makes any form of overpayment, we shall reimburse the overpayment upon the Close of Safepay4U. In the event that Buyer or Seller (and Broker when applicable) is overpaid for any reason, Buyer and Seller (and Broker when applicable) agree to promptly return the funds to Safepay4U.com. The payee agrees to pay any postage costs and/or wire fees if an alternate payment is requested. Buyer and Seller (and Broker when applicable) shall also hold Safepay4U.com harmless from any loss that may arise due to currency conversion.
14. Method of Payment
In the event Buyer chooses credit card as the method of payment, Safepay4U.com is hereby authorized to charge to Buyer's credit card at the time Buyer selects the Form of Payment from the Transaction Detail Screen. Buyer agrees to provide Safepay4U.com with any documentation required to validate Buyer's identity. Safepay4U.com reserves the right to refuse a credit card or other form of payment for any reason, and Safepay4U.com is under no obligation to disclose the reason for the credit card or other form of payment refusal. If a credit card or other form of payment is refused, the Transaction shall be considered cancelled 20 days after Safepay4U.com's notification to the Buyer of the refusal and Buyer's failure to cure within that period. All safepay4u fund disbursements shall be made to Seller, or Buyer in the case of a refund (and Broker when applicable), by mailing a trust account check, unless otherwise requested by the payee. Alternatively, the payee may receive a credit back to a credit card or other payment source if authorized to do so by the credit card company or other payment source.
15. Finality of Payment
Upon any payment or other disposition of the Safepay4U Funds, the Transaction shall be deemed closed and final with no further obligation on the part of Buyer, Seller, (and Broker when applicable) or Safepay4U.com. If after a Transaction is closed and Safepay4U.com has distributed proceeds, a Buyer (and Broker when applicable) who has made a payment with a credit card instructs a credit card company to stop payment or make a charge back so that Safepay4U.com does not receive the payment from the credit card company or the previous credit from the credit card company is reversed or “charged back”, said action by Buyer (and Broker when applicable) is deemed to be a material breach of this agreement. The parties agree that if such a breach does occur after the Transaction closes liquidated damages in the amount of the stopped payment, reversal or charge back plus an additional $5,000 will be imposed (“Liquidated Damages”). The parties agree the Liquidated Damages amount set forth herein is reasonable in light of (1) the anticipated or actual harm caused by the breach; (2) the difficulties of proof of loss; and (3) the inconvenience or non-feasibility of otherwise obtaining an adequate remedy.
16. Safepay4U Funds
In accordance with California Financial Code Section 17409, all Safepay4U Funds shall be deposited in a non-interest trust account of IES, with any institution acceptable to the California Department of Financial Protection and Innovation, and insured by the Federal Deposit Insurance Corporation (the "FDIC"). Buyer and Seller (and Broker when applicable) acknowledge that the maintenance of such safepay4u trust accounts may result in IES or an Safepay4U.com affiliate being provided with certain bank services, accommodations or other benefits by the bank. All such services, accommodations and other benefits shall accrue to the Safepay4U.com affiliates, and the Safepay4U.com affiliates shall have no obligation to account to Buyer or Seller (or Broker when applicable) or any other party to any safepay4u created hereunder for the value of such services, accommodations or other benefits.
Unless otherwise requested as specified herein, Safepay4U Funds do not earn interest for Buyer or Seller (or Broker when applicable). If Buyer or Seller (or Broker when applicable) anticipate an extended period of time before the Close of Safepay4U, Buyer or Seller (or Broker when applicable) may request in writing by email, and Safepay4U.com may approve, an instruction to have Safepay4U.com place the Safepay4U Funds into an interest bearing account for benefit of the Buyer or Seller (or Broker when applicable), as agreed upon in writing by all parties in compliance with California Financial Code Section 17409, (a "Special Account"). Said account shall be established at the bank wherein all IES trust monies are deposited. If this request is approved by Safepay4U.com, a one-time nonrefundable advance service charge of $100.00 will be charged to the party to whom the interest is due and payable.
17. Unclaimed Funds
To the extent permitted by law, Buyers or Sellers (or Brokers when applicable) registered with Safepay4U.com with a California address, Safepay4U Funds held on deposit for longer than twelve (12) months shall be charged an annual maintenance fee of fifty dollars ($50) (the “Maintenance Fee”), beginning with the last day of the twelfth month. Thereafter, the Maintenance Fee shall be charged on the last day of the twenty-fourth month, and finally on the last day of the thirty-sixth month. On the first day of the thirty-seventh month, Safepay4U.com shall have the right to escheat unclaimed Safepay4U Funds to the State of California pursuant to escheatment and unclaimed property laws.
For Buyers or Sellers (or Brokers when applicable) registered with Safepay4U.com with an Arizona address, Safepay4U Funds held on deposit for longer than twelve (12) months shall be charged a Maintenance Fee on the last day of months twelve, twenty-four, thirty-six, forty-eight and sixty. On the first day of the sixty-first month, Safepay4U.com shall have the right to escheat unclaimed Safepay4U Funds to the State of Arizona pursuant to escheatment and unclaimed property laws.
18. Communication Between Parties
Unless otherwise agreed upon by all parties, all communication from Safepay4U.com to Buyer and Seller (and Broker when applicable) may be by email to the last address provided in the user profile. Buyer and Seller agree to use the Safepay4U.com site to verify the accuracy of all email communications from Safepay4U.com. In accordance with California Civil Code Section 1633.15, an electronic record shall be deemed to be sent when the information is properly addressed or directed to its intended recipient, and either: (1) enters an information processing system outside the control of the sender; or (2) enters a region of an information processing system that is under the control of the recipient. If a party is unable to use the Safepay4U.com site after the Transaction is created and the terms agreed on, a party may contact Safepay4U.com by telephone at 786-357-1224 during the hours of 8:00 a.m. to 4:00 p.m., Pacific Time, to make arrangements for alternative methods of signature and acknowledgment. Buyer, Seller, (Broker when applicable), and Safepay4U.com shall only be required to agree to employ alternative communication methods, which are reasonable accommodations under the circumstances of the Transaction. In accordance with California Civil Code Section 1633.5, if the Seller sells goods by both electronic and non-electronic means, and a Buyer purchases goods by an electronic transaction, the Buyer retains the right to refuse to conduct further transactions regarding the goods by electronic means. However, should Buyer invoke such right, Buyer, Seller (and Broker when applicable) and Safepay4U.com must agree and acknowledge the arrangement in writing. If such an agreement is not made, Safepay4U.com may consider the Transaction terminated.
19. Digital Identification
Safepay4U.com shall create issue and verify digital identifications for all parties involved in a Transaction ("Digital Identification"). In accordance with California Civil Code Section 1633.9, and the general provisions of the Uniform Electronic Transaction Act, Digital Identifications shall be considered "electronic signatures", attributable to the person as if the Digital Identification were the act of the person, and may be shown in any manner, including any security procedure employed for verification purposes.
Digital Identifications are attached to all accepted electronic documents, and all notification emails. Buyer's Digital Identification is attached to all accepted documents when the Buyer selects the "Agree" button. Seller's Digital Identification is attached to all electronic documents when the Seller selects the "Agree" button, and when documents are transmitted from Seller to the Safepay4U.com site. A Broker’s Digital Identification is attached to all accepted documents when the Broker initiates the Transaction by providing the initial email addresses of the Buyer and Seller. Notwithstanding anything to the contrary, Safepay4U.com reserves the right to require ink signatures on hard copy documents, including these General Safepay4U Instructions and Transaction Safepay4U Instructions, at any time.
20. Our Rights; Disputes and Bankruptcy
If we believe in our sole, good faith opinion that the Transaction violates the terms of these General Safepay4U Instructions, or the Transaction violates or is likely to violate any applicable law, rule or regulation, then we may terminate the Transaction and seek court-ordered protection of the Safepay4U Funds in a court of competent jurisdiction by any court-ordered means, including but not limited to, an impound account and/or institution of a receiver.
If any dispute arises between the Buyer and Seller (and Broker when applicable) and such dispute is not resolved within a reasonable time, or if any conflicting demand shall be made upon Safepay4U.com, Safepay4U.com shall not be required to take any action until such time as Safepay4U.com receives written instructions signed by all parties. Safepay4U.com may take such action including but not limited to the institution of an arbitration proceeding or the filing of a judicial action as Safepay4U.com, in its sole discretion, elects to do. If Safepay4U.com is compelled to initiate arbitration and/or judicial proceedings to enforce the terms of these General Safepay4U Instructions including but not limited to any action to collect unpaid fees and/or enforce judgments in any jurisdiction Safepay4U.com will be entitled to reimbursement of attorney fees and costs incurred.
Should a Buyer or Seller file for bankruptcy protection in any U.S. Bankruptcy Court while either party has an safepay4u open with Safepay4U.com, or while Safepay4U.com holds title to a domain name or any other property or ongoing service which is the subject of an safepay4u, Safepay4U.com reserves the right to cancel such safepay4u and return the property to the Seller with no further instruction required from the parties.
21. Authority
The natural person who selects the "Agree" button at the bottom of this screen on behalf of the Buyer or Seller (or Broker when applicable) certifies that by selecting the "Agree" button, that Buyer or Seller (or Broker when applicable) is at least eighteen years of age and that he or she has read and agrees to be bound by the terms of these General Safepay4U Instructions, and the Transaction Safepay4U Instructions. If the natural person is acting on behalf of a corporation, limited liability company, partnership, trust or business entity of any type, by selecting the "Agree" button, he or she represents and warrants that he or she has the authority to bind said entity.
22. Services Not Included
The Buyer and Seller (and Broker when applicable) understand that the above safepay4u services DO NOT include any representation of warranty, either expressed or implied by Safepay4U.com, and that Safepay4U.com assumes no responsibility for the legality of the transaction, condition of the ownership, sufficiency of instruments conveying ownership, or agreements therefore. Payment of sales tax, utilities, future performances of Buyer and Seller (and Broker when applicable), transfer of any insurance policies or warranties, legality of the transaction or legal effect thereof or any other matters related to merchandise or this safepay4u NOT specifically included herein shall be considered outside of safepay4u and neither Safepay4U.com nor any of the Safepay4U.com affiliates shall have any further responsibility and/or liability for same.
23. Entire Agreement
In case of conflict between any of the terms of these General Safepay4U Instructions and our Terms of Using the Safepay4U Platform, or any of the agreements and any other agreements between any of the parties to a transaction, these General Safepay4U Instructions shall control. Any agreement between Buyer and Seller (and Broker when applicable) that is not reflected in either the Transaction Safepay4U Instructions, or these General Safepay4U Instructions, in no way bind Safepay4U.com or any of the Safepay4U.com affiliates. By submission below, Buyer and Seller (and Broker when applicable) agree to be bound by the terms of these General Safepay4U Instructions. Submission below shall constitute your Electronic Signature, as defined by the state of California's Uniform Electronic Transactions Act, to these General Safepay4U Instructions and the Transaction Safepay4U Instructions.
24. Governing Law; Venue
This Agreement will be construed in accordance with and governed exclusively by the laws of the State of California applicable to agreements made among California residents and to be performed wholly within such jurisdiction, regardless of such parties' actual domiciles. All parties submit to personal jurisdiction in California, and venue in the County of Orange, State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to jurisdiction or venue with respect to any proceeding brought in accordance with these General Safepay4U Instructions.
25. Severability; Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the cope or extent of such section.
26. Force Majeure
If performance hereunder is interfered with by any condition beyond a party's reasonable control, the affected party will be excused from such performance to the extent of such condition.
27. Counterparts
These General Safepay4U Instructions may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument. The parties may execute these General Safepay4U Instructions and forward an executed counterpart signature to the other party by electronic signature or fax and the party receiving such executed counterpart by electronic or faxed signature shall be authorized to attach it hereto as a legal and valid signature of such executing party, including electronic or fax signatures. However, if these General Safepay4U Instructions are executed in counterparts no signatory hereto shall be bound until all parties have duly executed a counterpart of these General Safepay4U Instructions. The parties hereto are authorized to treat an electronic or a faxed counterpart signature as a duplicate original signature for any and all purposes.
End of General Safepay4U Instructions.
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Api terms
API Terms and Conditions
Acceptance of Safepay4U API Terms and Conditions
This set of API Terms and Conditions (the “API T&Cs”) is an agreement you must accept before using the API, and accept by any usage of the API. This document describes both your rights and your obligations as part of using the API.
In using the API, you may be provided services including Internet-based transaction management services performed by Safepay4U.com and safepay4u services provided by Internet Safepay4U Services, Inc., a California corporation), both of which may be referred to as Safepay4U (“Safepay4U”, “Safepay4U.com”, “we” or “us”). Safepay4U only provides the Safepay4U API to you subject to these API T&Cs and all the terms, conditions and other legal documentation applicable in the ordinary course to transactions on Safepay4U.com.
By accepting these API T&Cs or by accessing or by using the API, you agree to be bound by these API T&Cs, and the Privacy Policy, General Safepay4U Instructions, Terms of Using the Safepay4U Platform, and all other applicable legal notices and any specific contracts or affiliate or other agreements, all of which are incorporated herein by reference.
If you are entering into these API T&Cs on behalf of a company or any other non-individual legal entity, you represent and warrant that you have the authority to bind that entity to these API T&Cs. In that case, the terms “you” or “your” shall also refer to any such entity. If you do not have such authority, or if you do not agree with this API T&Cs, you may not use the API.
You acknowledge that this agreement is a contract between you and Safepay4U, even though it is electronic and is not physically signed by you and Safepay4U, and it governs your use of the API, in conjunction with all other materials incorporated by reference above.Definitions
API – The publicly available Safepay4U.com Application Programming Interface (“API”) as well as the related documentation.
Application – Any software application, website, or product you create or service you offer that uses the API in any way, directly or indirectly.
API Documentation – The documentation, data, content and information that Safepay4U provides regarding the use of the API.
Data – means all data uploaded, posted, transmitted or otherwise made available via interactions with the API.
Safepay4U.com Brand – The Safepay4U.com brand and brand assets, including all names, logos, trade names and trademarks.
Safepay4U.com Services – The Internet-based transaction management services performed by Safepay4U.com and safepay4u services provided by Internet Safepay4U Services, Inc., a California corporation, which acts as safepay4u agent in a Transaction, where the Services are intended to facilitate the completion of the underlying transaction under the terms of this agreement, the general Terms and Conditions, the Site and the applicable Transaction Safepay4U Instructions.
License
For so long as you are compliant with this agreement and all agreements incorporated by reference above, Safepay4U grants you a limited, non-exclusive, non-assignable, non-transferable license to use the API to develop, test, and support any software application, website, or product, and to integrate the API with your products or services.
Any violation of Section 4 will terminate your license to use the API.Use of API and Safepay4U.com Data
You represent and warrant that you will use the API subject to the following rules: 1. You may not distribute or allow access to the API to anyone other than, if applicable, the company on whose behalf you entered into this API T&Cs. Anyone who wants to access our API must agree to be bound by this API T&Cs. 2. You may not use the API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these API T&Cs or Safepay4U’s other agreements to which you are subject. 3. You will not rely on the functioning or correct function of the API in the conduct of your ordinary course business. 4. You may not use the API or any other technology in a manner that accesses or uses any information beyond what Safepay4U.com intends to allow under these API T&Cs; that changes, breaks or circumvents any of Safepay4U’s technical, administrative, regulatory, process or security measures; that disrupts or degrades the performance of or that tests the vulnerability of Safepay4U’s systems or networks. 5. You may not transmit any viruses or other harmful code or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data. 6. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the API or any portion thereof; 7. You may not use the API to replicate or compete with the services offered by Safepay4U, which are primarily regulated and licensed services; 8. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the API. 9. You will not attempt to exceed or circumvent limitations on access (via rate limit or any other method), calls and use of API, or otherwise use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these API T&Cs. 10. You consent that we may publicly refer to you, orally or in writing, as a licensee or user of the API. We may also publish your name and logo (with or without a link to your website) on our website, in press releases, and in promotional materials without additional consent.Storage of Data
Where Data is cached, you should refresh the cache at least every 24 hours. This limited permission to cache is for performance reasons only.
All Data should be stored and served using strong encryption.
You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by these API T&Cs.
Your user agreement(s) and privacy obligations
Your user agreement(s) and privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of all data. You must promptly notify us of any breaches of your user agreement(s) or privacy policy that impact or may impact Safepay4U.com users using contact@safepay4u.com.Term and Termination
These API T&Cs will go into effect on the date upon which you agree to them, either expressly or by accessing or using the API, and will continue until terminated as set forth within this agreement.
You may terminate these API T&Cs by discontinuing use of our API.
We may change, suspend or discontinue the API at any time, and we may limit your access to the API if, in our sole discretion, if we believe such access may negatively affect our Service or our ability to provide our Service.
Upon termination of these API T&Cs:
All rights and licenses granted to you will terminate immediately;
You will promptly destroy documentation in your possession or control that was received under this API T&Cs;
unless we agree otherwise in writing or as stated in this API T&Cs, you must permanently delete all Data and other information that you stored pursuant to your use of the API; and
The following sections of these API T&Cs shall survive any termination - 4, 6, 7, 10 and 11.
Other
You represent and warrant that you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your application, website or other content, and that use of the Safepay4U API will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act.Disclaimer of Warranties; Limitation of Liability; Indemnity
Limitation of Liability - TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Safepay4U.com NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.
Termination of Services - Safepay4U.com may suspend or terminate your use of the Services at any time, without notice for any reason, in Safepay4U.com's sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, Safepay4U.com will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an email, but Safepay4U.com is not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that Safepay4U.com may incur in order to (a) collect any amounts you owe under this Agreement, the General Safepay4U Instructions, or the Transaction Safepay4U Instructions or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller, as set forth in the General Safepay4U Instructions.
Non-Transferability of the Services - You may not assign this Agreement or the Safepay4U Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of Safepay4U.com. Safepay4U.com may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.
Modifications - Safepay4U.com reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Transaction Safepay4U Instructions. You understand that the most recent version of this Agreement will be located on the Site.
Notices - Notices from Safepay4U.com to you will be given by e-mail, or by general posting on the Site. You may contact Safepay4U.com by filling out the customer support form or such other email address as Safepay4U.com posts as its address for notice on the Site in the most recent version of the Terms of Using the Safepay4U Platform
Indemnification - You agree to indemnify and hold Safepay4U.com, Safepay4U.com affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Transaction Safepay4U Instructions, including, without limitation, payment of Safepay4U.com fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.
Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to the Underlying Transaction, or breach of any of them, you agree to resolve such dispute in the manner set forth in the General Safepay4U Instructions. This Agreement shall be governed by the laws of the State of California. Any dispute shall be resolved pursuant to the Dispute Resolution and Governing Law/Venue provisions of the General Safepay4U Instructions. This Agreement in conjunction with the General Safepay4U Instructions and rules contained on the Site constitutes the entire agreement between Safepay4U.com and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement, the rules contained on the Site, and/or the General Safepay4U Instructions, then the conflicting terms set forth in the General Safepay4U Instructions shall control first, these Terms of Using the Safepay4U Platform shall control second and the rules contained on the Site shall control third. The General Safepay4U Instructions are incorporated herein by this reference.
Safepay4U.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Safepay4U.com in writing. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto.Assignment
Safepay4U.com may assign this Agreement to any current or future affiliated company and to any successor in interest. Safepay4U.com also may delegate certain of Safepay4U.com rights and responsibilities under the Agreement to independent contractors or other third parties.