SoftCard
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Cardholder Agreement
PINPAY SoftCard
This Cardholder Agreement and Disclosure (this "Agreement") covers your rights, our rights, and rights of our affiliates and representatives, relating to your election to participate in the PINPAY SoftCard Prepaid Stored Value Card Service (the "Service"), and, the issuance to you, and your use of, the PINPAY SoftCard (the "Card" or the "SofCard") and any and all pinpay SoftCard co-branded stored valucards.
By accepting the Card or by your use of the Card, you thereby agree to the terms and conditions of this Agreement. The delivery to you of a Card (also known as the "PINPAY SoftCard Account," the "SoftCard Account," or "Card Account") constitutes PINPAY SoftCard's and all co-branded cards ("our") acceptance of this Agreement. No alterations to this Agreement may be made without our prior written approval and no agent or other party has authority to agree to any such alterations on our behalf. In this Agreement, the words "you" or "your" refer to you and any other person who gains access to the Card Account or Card and/or to the PIN (as hereinafter defined) and authorizes a funds transfer transaction, card load, cash withdrawal, bill pay, a purchase, or any other transaction or any other activity associated with the Card, the PIN or the Card Account.
To receive a Card, you must complete the registration process by providing current, complete and accurate information, including without limitation such information as your name, address, telephone number, email address, unique identifier numbers and other data (the "Personal Data"), as requested by the registration form. We may gather information about you, including from your employer, your bank and others, to verify your identity and determine your eligibility for the Card. You agree that any registration information that you provide us shall be updated whenever the same is changed so that our records are always current.
You acknowledge that we have adopted a policy on cardholder privacy that complies with (i) the Guidelines for the Protection of Privacy and Trans-border Flows of Personal Data developed by the Organization for Economic Cooperation and Development, (ii) the Code for the Protection of Personal Information developed by the Canadian Standards Association, (iii) the Act Respecting the Protection of Personal Information in the Private Sector (Ontario), and (iv) the Personal Information Protection and Electronic Documents Act (Canada). Under these policies you have the right to know what information we maintain on file concerning you; the right to review this information for accuracy and recommend correction; and the right to know for what purposes we maintain your Personal Data.
By your acceptance and use of the Card, you hereby consent to and approve of the collection of your Personal Data and its storage by us, its transmission to and from Merchants, the PINPAY Network, our service providers, and other parties, and its use for identity clarification and verification. You acknowledge the need for us and our affiliates and service providers, including the PINPAY Network and its agents to monitor the use of Card and Card Account services in order to offer you needed services, and to fulfill actual and apparent regulatory money movement controls, and anti-crime and anti-terrorist requirements, and you hereby consent to and approve of the use of your Personal Data for these and other purposes including but not limited to presenting to you offers, opportunities and promotional materials.
Once you have co-branded PINPAY SoftCard successfully completed the application process, you will be provided with a PINPAY SoftCard or Card (also known as an "e-Card," a "v-Card," or a "virtual Card"), and a confidential personal identification number (also know as a "PIN" or "PIN code") that is linked to the Card. The Card is a prepaid stored value card and is NOT a credit card and no credit or credit line is extended or created for this Card.
The Card provides you with the ability to direct the transfers of funds to authorized merchants, other cardholders, businesses, agencies and other authorized parties and to withdraw funds from the Card Account in dollar amount up to the available funds in your Card Account less applicable service fees, subject to various funds transfer limits set by many Countries and regulatory agencies.
The Card provides you with the ability to direct the transfers of funds into, or onto, the Card Account in dollar amounts up to the available funding limits in your Card Account less applicable service fees. Current costs and service fees are subject to change with notice at this website. By accepting this Agreement you authorize and approve anyone with the right to deposit funds into your Card Account. The maximum amount you may maintain in your Card Account is subject to various funds transfer limits and deposit limits set by many Countries, regulatory agencies, by us and the rules of the electronic networks through which the transaction is conducted. Current costs and service fees.
Card Account funds are currently only permitted in U.S. Dollars (USD). Funds transfers to merchants/service providers in non-U.S. currency will be subject to currency conversion rates set by the local merchants and/or the appropriate Financial Institution or agencies from time to time.
By using the Card the cardholder-user agrees to comply fully with the terms and conditions of the most recent client application software license as defined at www.softcard.biz. You agree to our rights from time to time, to change the terms and conditions of the software license by providing notice at the referenced website. The licensee shall not save or in any manner copy or store the licensed software, and shall not attempt to reverse engineer, or in any manner modify or change, the licensed software.
Should any stored value card which I hold be an unregulated card, that is, a prepaid card which is not owned and controlled by a recognized and regulated bank or financial institution, but is authorized for use on PINPAY, I will only use such card after obtaining a PINPAY SoftCard. I am aware that PINPAY will block the use of such card if it is not tied or linked to my PINPAY SoftCard and that all of the power of attorney, including the right to perform currency exchanges as needed to maintain my account in USD, which I granted to PINPAY and the PINPAY SoftCard in this SoftCard Agreement apply to the unregulated stored value card which I hold.
By accepting this legally binding Agreement, make and appoint PINPAY and the PINPAY SoftCard as my attorney in fact giving and granting to PINPAY and PINPAY SoftCard general, full and unlimited power and authority to do and perform all and every act and thing whatsoever necessary to be done, as needed to maintain my account in USD, as could be done if personally present, with full power of substitution and revocation, hereby ratifying and confirming all acts, rights, duties and obligations to perform and manage the tasks associated with the PINPAY and PINPAY SoftCard activities and the maintenance and operations of the Merchant's account at PINPAY. These powers are limited, according to the directions given to PINPAY and the PINPAY SoftCard by the card holder through the various authorized electronic and other means of providing directions to, and controls over, PINPAY and the PINPAY SoftCard. Following the termination of this agreement, this power of attorney shall remain in full force and effect until all activities associated with the termination of this agreement and the PINPAY SoftCard account have been completed.
By completing the automatic payment authorization form at your Card Account Web site at www.softcard.biz you authorize the direct the automatic repeated withdrawal of funds from your Card, on the payment schedule which you specify, and the transfer of those fund less any fees or cost to the party designated in the form.
At the time that you receive the Card, you will also be given the opportunity to define a user name (the "User Name") and Internet access password (the "Internet Password"), which, when combined with your PIN, will entitle you to access certain information concerning your Card and Card Account and related activities. The Internet password may not be the same as the PIN. You are responsible for any changes made to the information maintained in your Card Account and keeping the information current. You will treat your Internet password as secret and you are aware that the compromise of your Internet password can result in direct and immediate financial loss to you and you accept full responsibility for your actions in the protection of the password. This Agreement, the PINPAY SoftCard operating rules, procedures and regulations, the Website and other materials are expressed and defined in English. You consent to the use of this language and wave any claims arising from the use of this language.
The Card remains the sole property of PINPAY SoftCard and the PINPAY Network. You are permitted to use Card only in accordance with the terms of this Agreement to facilitate the transfers of funds to and from your Card Account. If for any reason we ceases to provide Card services and as a result your Card is deactivated while you still have a positive balance on your Card, then we will at our option either (i) arrange for a new Card issued by a different Card supplier to be issued to you (subject to compliance with the supplier's card issuance requirements), or (ii) issue a check payment to you for the remaining amount of the balance less our costs, and subject to your identity verification.
The exchange rates by a Merchant utilized from any world currency to USD and from USD to another currency is determined by you and the merchants based upon market conditions. You are aware and fully accept that exchange rates for card transactions are not always the same as exchange rates used in large inter-bank transactions reported in the financial media. Exchange rates offered by open market dealers, or posted in the media, including on many Internet sites, may be different from local exchange rates. You are aware and agree, we do not accept any liability if our rates are different from rates offered or reported by third parties, or offered by us at a different time, at a different location, for a different transaction amount, or involving a different payment media or purpose.
This Agreement, the PINPAY SoftCard operating rules, procedures and regulations, the Website and other materials are expressed and defined in USD as the operating currency of your Card Account. You consent to the use of this currency and wave any claims arising from the use of this currency.
If your password is lost, forgotten, compromised, stolen, or just missing, immediately go to your Card Account web page at www.softcard.biz and promptly change your password and your PIN code. Any payment, funds transfer transactions or other activities using the Card, before you enter your Card Account and complete the necessary password and PIN code change over, will reduce the remaining available account balance on your Card Account. You acknowledge that such losses are not insured by us, or any of our service providers, contactors or agents and we are not liable to you for any losses suffered due the misplacement or misappropriation of your password or PIN code or the time required for us to assist you in obtaining a new password and PIN code. If you have forgotten your password and/or username, and therefore can not gain access to you Card Account, send an email to customerteam@softcard.biz . You will be required to provide correct answers to personal questions prior to being provided with a new temporary password.
If your PIN code is lost, forgotten, compromised, stolen, or just missing, immediately go to your Card Account web page at www.softcard.biz and promptly change your password and your PIN code. Any payment, funds transfer transactions or other activities using the Card, before you enter your Card Account and complete the necessary password and PIN code change over, will reduce the remaining available account balance on your Card Account. You acknowledge that such losses are not insured by us, or any of our service providers, contactors or agents and we are not liable to you for any losses suffered due the misplacement or misappropriation of your PIN code or password or the time required for us to assist you in obtaining a new password and PIN code. If you have forgotten your password and/or username, and therefore can not gain access to you Card Account, send an email to customerteam@softcard.biz . You will be required to provide correct answers to personal questions prior to being provided with a new temporary password.
You are solely responsible for the care and control of your Card, your PIN, your user name and Internet account password. You will maintain the confidentiality of the PIN and Internet account password, and will under no circumstances disclose them to any other person. You must ensure that no one discovers the PIN code, including its use during entry of the PIN in a transaction. You are liable for all transactions incurred using your PIN code. You are aware and accept that your Internet password must be kept confidential because it can give a third party access to your Card Account where the right to change the existing password and PIN code is available
We in our sole discretion may refuse a request for authorization of any Card transaction for any purpose, or may deactivate the Card without notice at anytime and may notify third parties of such transfer refusal or deactivation as we determines is necessary. You acknowledge and agree that the Card shall remain the property of PINPAY SoftCard.
If your Card number is lost, forgotten, compromised or stolen, immediately go to your Card Account web page at www.softcard.biz and promptly change your password and your PIN code. Any payment, funds transfer transactions or other activities using the Card, before you enter your Card Account and complete the necessary password and PIN code change over, will reduce the remaining available account balance on your Card Account. You acknowledge that such losses are not insured by us, or any of our service providers, contactors or agents and we are not liable to you for any losses suffered due the misplacement or misappropriation of your Card number or the time required for us to assist you in obtaining a new password and PIN code. If you have forgotten your password and/or username, and therefore can not gain access to you Card Account, send an email to customerteam@softcard.biz. You will be required to provide correct answers to personal questions prior to being provided with your Card number and a new password. After you have changed the password and PIN code on your existing Card Account, go to www.softcard.biz and obtain a "new" second card, perform a card to card transfer of all of your funds on the existing Card to the New Card and stop using the existing Card and begin only using the New Card.
We in our sole discretion may refuse a request for authorization of any Card transaction for any purpose, or may deactivate the Card without notice at anytime and may notify third parties of such transfer refusal or deactivation as we determines is necessary. You acknowledge and agree that the Card shall remain the property of PINPAY SoftCard.
You acknowledge and agree that we and our service providers, networks, contractors, agents and all non-transaction participating merchants are not responsible for the failure of any merchant, business, organization or institution to accept or honor your Card. These parties are also not responsible for the quality, quantity, price, terms or conditions of any goods or services you purchase from a merchant with your Card. For example, if you make a purchase with your Card and the merchant discloses a policy such as "no returns," "no refund," "no return or credit without receipt," "as is," "store credit only," "all sales final" or similar statements, you will be bound by that policy.
SoftCard's and PINPAY's shall make reasonable efforts to ensure that requests for electronic debits and credits involving transactions, your SoftCard Card Account, bank accounts, funds transfers, wire transfers, check issuances, etc. are processed in a timely manner. However, a number of factors, several of which are outside of SoftCard's and PINPAY's control, will contribute to when the funds are received, processed and released. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system, the mail service, the ACH network, etc., nor shall we be liable for any actual or consequential damages arising from any actual or claimed delay.
You acknowledge and consent that the submitted information is complete and accurate to the best of your knowledge; that we will retain this registration and application information and any information gathered in support of an application whether or not it is approved; that we may rely on all gathered and supplied information, whether accurate or inaccurate in deciding whether to grant the requested card. False statements may subject me to criminal penalties. I authorize you to obtain and retain credit, criminal and terrorist status data and reports about me and to check from all available sources and potential sources my residence, employment, identity and activities history on an ongoing basis during the term of the issuance of the Card and Card Account and I approve and authorize the you to provide and share all such collected information about me with appropriate authorities, parties and affiliates.
You will resolve and settle directly with the providing merchant or service provider any dispute with respect to any purchase or service and any claim or dispute shall have no effect on the reduction to or the increase of your Card Account balance from that indicated and approved at the time of the purchase or funds transfer was authorized and approved. You agree that your Card Account transaction records shall be conclusive proof of the transactions carried out using the Card. Subject to any need for Card Account corrections, you will be deemed to have approved all transactions authorized using the Card.
We reserve the right to charge fees for services provided. Card service fees are subject to change from time to time, having immediate effect, with notice to you by posting the changes on the web at www.softcard.biz. The unused account balance on the Card will be reduced by the amount of any service charges for the services that cardholder requests. You agree to pay to all service charges, including without limitation all transactions imposed by others in connection with the use of the Card. A distribution of funds via transfers to merchants or other parties, will not be approved and authorized for payment if the remaining balance on the Card is not sufficient to cover the transaction value and all applicable service fees. We and the PINPAY Network do not accept a cardholder or third party initiated payment transaction reversal. Any adjustments, refunds, return credits, or other issue resolutions between a merchant and a cardholder must be processed as a new, and clearly identifiable, funds transfer between the merchant and the cardholder, with the merchant authorizing the funds transfer. In a funds transfer, the amount transferred by the merchant is reduced in his Merchant account and the amount is increased in the customer's Card Account, less any fees owed for the services.
You will not use the Card for illegal, fraudulent, or defamatory purposes or take any actions which could undermine in our sole discretion, the security, integrity or good will of the Card, PINPAY SoftCard, the PINPAY Network, or any Financial Institutions, processors, service providers, or participating PINPAY Network merchants. Many countries and regulatory authorities establish limits on the amount of funds which can be transferred during various time periods. They also block the transfer of certain currencies into and out of specific geographical regions or countries. We are committed to compliance with the money transfer controls established by authorized authorities and therefore use of all of the features of your Card Account may be restricted.
You agree not to use your Card for any illegal or unlawful purpose. You also agree that, to the extent permitted by applicable Card rules and regulations, we or the PINPAY Network may refuse to authorize any transaction submitted for authorization. If you use, or allow someone else to use, your Card for any unlawful purpose, you will be responsible for such use and may be required to reimburse all impacted the parties, including the PINPAY Network for all amounts or expenses these parties incur as a result of such use. You understand that it is your responsibility to determine if the transactions for which you use or allow someone else to use your Card are lawful and that the impacted parties are not responsible for determining the legality of such transactions.
We reserve the right, at our sole discretion, to initiate, terminate, and change Card Account credit and reward program rules, regulations and special offers at any time without notice, and terminate the participation of a specific cardholder, at any time, without notice. Any such changes may affect your ability to use rewards or credits that you have accumulated. Cardholders may not be able to obtain or participate in all offered credit and reward programs at all times. All credits, rewards, credit accruals and special offers are subject to government and other third party regulations. The credits and rewards have no cash value and we are not responsible for lost or stolen credits or rewards.
We reserve the right to send cardholders messages from time to time for which they may not be rewarded. We are under no obligation to provide cardholders with any particular credits, reward or award program earning opportunity or send message and we reserve the right to limit participation by geographic location or any other criteria. We reserve the right to cancel or disable Card Accounts and expire unredeemed credits and rewards in those Card Accounts that are inactive. Inactive is defined as lack of any transaction activities in the Card Account for a period of twelve consecutive months
All credits and reward program opportunities are provided on a strictly "as is" and "as available" basis. Furthermore, we make no warranty as to any offered credit or reward program, or that a cardholder will get an opportunity to participate in a specific program or that if a participant the cardholder will be satisfied with the credit or reward. Credits and rewards are non-transferable and void it transferred, and can not be bartered or sold.
We expressly disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not be liable or responsible for any guarantees, warranties, and representations, if any, offered by credit and reward advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by cardholders from us or through us shall create any warranty not expressly made in this Agreement.
Arbitration and Application of Law: Using or permitting the use of this card constitutes acceptance to arbitrate any disputes. You and we agree that any and all claims, disputes or controversies that we or our service providers, contractors or agents have against you or that you have against us or service providers, contractors, agents, directors, officers, members and employees will be resolved by binding arbitration, and not class arbitration, by and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web, at www.arb-forum.com or at the physical address of the National Arbitration Forum, which is currently PO Box 50191, Minneapolis, Minnesota, 55405, USA.
If you are unable to pay the cost of arbitration, your arbitration fees may be waived by the NAF. The cost of any participatory documentary or telephone hearing, if one is held at your or our request, will be paid for solely by us as provided in the NAF Rules and, if a participatory hearing is requested it will take place at a location near our business office. This arbitration agreement is made pursuant to a transaction involving interstate commerce. The Federal Arbitration Act 9 U.S.C. Sections 1-16 shall govern it. Judgment upon the award may be entered by any party in any court having jurisdiction. This agreement to arbitrate all disputes is an independent agreement and shall survive the closing of your card account and the termination of this agreement.
YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
To the extent permitted by law, by the use of this card or permitting the use of this card you agree that you will not bring, join or participate in any class actions to any claim, dispute or controversy you may have against us or our service providers, contractors, agents, director, officers, members and employees. You agree to pay the cost we incur, including our court costs and attorney's fees, in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually or not as a class action in binding arbitration as provided above. This is an independent agreement and shall survive the closing of your card account and the termination of this agreement.
However, should an authority with jurisdiction refuse to abide by the terms of our binding agreement and deny us the rights to the above defined dispute resolution, we both agree to the following dispute resolution process and procedure.
This Agreement is governed by the laws of the State of California, irrespective of the choice-of-law provisions of any state. Nevertheless, if we are served garnishments, summons, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. You agree that any legal action involving this Card or account must be brought in the County of Los Angeles, State of California, within one year of the date the cause of action arose. You and we both waive our right to trial by jury, punitive and exemplary damages, as well as damages in tort, including but not limited to emotional distress, unless caused by a willful and malicious act, which in the case of unauthorized disclosure of private or confidential information must also be defamatory. In the event that any disputed matter cannot be resolved by the parties, then, both parties hereby agree to exclusively submit such disputed matter to binding arbitration in the County of Los Angeles, State of California, in accordance with the commercial arbitration rules of the American Arbitration Association. If any legal action is brought to enforce or interpret this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding from the other party, in addition to any other relief to which such prevailing party may be entitled.
By accepting the Card or by your use of the Card, you thereby agree to the terms and conditions of this Agreement. We may restrict the use of the Card, or may terminate this Agreement and your right to use the Card, at any time without notice. We reserve the right to change this Agreement, and/or any part at any time. Cardholder is aware and accepts the most recent version of this Agreement which is accessible on the Web at www.softcard.biz. Continued use of the Card constitutes an affirmative acknowledgment and acceptance by cardholder of any modification to the Agreement and consent to abide and be bound by any terms thereof. At any time, a cardholder may terminate this Agreement by zeroing out the Card Account balance and ceasing to use the Card Account.
Any electronic communication between you and us will take place according to the provisions of this Agreement. The term "electronic communication" means any communication of instructions by telephone or other method of telecommunication or electronic transmission, including a facsimile transmission or personal computer. We will consider any electronic communication apparently received from you or in your name to be duly authorized by you. You authorize us to rely and act on any such communication. If the communication is by facsimile transmission, we will be entitled to act upon any signature purporting to be your signature. If we try to verify your signature on a facsimile transmission or the validity of any instructions electronically communicated, though we are not obligated to do so, and we are unable to do so to our satisfaction, we may delay in acting on or refuse to act on such instructions. We may, at your request, forward to you copies of any statements, instruments or other documents by facsimile or other electronic transmission to the number or address provided by you from time to time. You hereby consent to and approve of the recording by us of any telephone calls, emails, faxes, and all forms of communications between you and us for security purposes and verification of transaction details. You agree that our records regarding any electronic communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. Our records will be conclusive proof of the information contained in such electronic communications. A paper transaction record dispensed electronically or mechanically as a result of the use of the Card constitutes a record of your instructions. Whether such a transaction record is issued or not, you acknowledge and agree that it is your responsibility to verify that the transaction has been properly executed.
You agree to accept e-mail notices and web and Internet disclosures from us, and you agree to view your Card Account on authorized websites, as a condition of obtaining and using your Card. E-mail notices and website and Internet disclosures could include notices of changes to the terms and conditions that apply to your Card, notices of changes to the software or hardware required to access, download, and print copies of your Card Account balances and activities that are posted on our website, Card cancellation notices, annual privacy policy disclosures, use of our services, online PIN-debit payment services and other notices and disclosures. If you withdraw your consent to accept e-mail notices, or Website or Internet disclosures, we may cancel your Card.
EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT. UNLESS WE HAVE ACTED IN BAD FAITH, WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOR YOUR CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE GOODS OR SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATRRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IF WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING YOUR CARD, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Trade Marks. The PINPAY SoftCard logo and the PINPAY logo are a Trade Marks and are owned by ACAP Security Inc.
Bank Relationships. You acknowledge and agree that the cash value in your Card Account is not an individualized Bank deposit or Bank obligation, and is not guaranteed by any Bank or Financial Institution or Agency. No interest will be paid on the balances or amounts transferred to your Card Account; such balances and amounts are not insured and are addressed by a Bank guarantee.
Waiver. No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver.
Severability. In the event that any provision of this Agreement will be unenforceable or invalid such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Assignment. Neither this Agreement nor any rights or obligations in this Agreement may be assigned or delegated by the cardholder without our prior written consent. Subject to the foregoing, the rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators.
Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
Entire Agreement. This Agreement, which includes by reference the PINPAY SoftCard operating rules and regulations, constitutes the full and complete understanding and agreement of the parties and supersedes all prior understandings, agreements, representations and warranties relating to such subject of this Agreement.
Notices. Except as otherwise specified in this Agreement, all notices, reports, consents, and approvals required or permitted to be given hereunder will be in writing, signed by the party sending such notice, and sent registered or certified mail, postage or shipping charges prepaid, or by Express mail, or by a three-day delivery service, properly addressed, if to PINPAY SoftCard, then to Attention: Legal Department at 18700 Main Street, Ste 204A, Huntington Beach, California 92648, USA; and if to the cardholder, then to the email address provided on the cardholder's Card Account information web page at www.softcard.biz.
Authority to Contract. Each party represents that it has the full power and authority to enter into this Agreement.
Commencement and Interruption of Service. The cardholder is aware and accepts that many factors can impact the availability of electronic payment services and that service may be commenced, interrupted and re-established without notice, and all occurring without liability or recourse against PINPAY SoftCard and the PINPAY Network for such events or occurrences.
All rights reserved.