Terms of Use

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WIXPay Purchaser Terms of Service

WIXPay, Inc. ('WIXPay,' 'we,' or 'us') provides the WIXPay Web Payment service ('Service') that allows you ('you') to purchase products and services ('Goods') from participating third parties ('Sellers') by either adding the charge to your mobile carrier ('Mobile Carrier') phone bill and, if you have set up a WIXPay account with WIXPay+ features, by using payment methods approved by WIXPay, such as credit cards. These WIXPay Purchaser Terms of Use ('Terms') set forth the terms and conditions of your use of the Service. By setting up a WIXPay account or by using the Service, you agree to these Terms.

Purchases through Mobile Carriers

Through the Service you can authorize your Mobile Carrier to bill you for the cost of the Goods and related charges ('Mobile Carrier Purchases'). WIXPay sends your payment authorizations to your Mobile Carrier. The Mobile Carrier adds the price of the Goods and related charges on your Mobile Carrier bill. For your Mobile Carrier Purchases, WIXPay is acting solely as an independent contractor in sending your payment authorizations to Mobile Carriers.

Requirements to Use the Service

In order to use the Service you must have a mobile phone with text messaging capabilities (a 'Mobile Device') and a plan with your Mobile Carrier that enables you to send and receive premium text messages for Mobile Carrier Purchases. In order to make Mobile Carrier Purchases, your Mobile Carrier must be part of WIXPay's network of participating mobile operators. . You are solely responsible for all charges related to use of your Mobile Device in conjunction with the Service. You must be at least 13 years old to use the Service. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions and that your parent or guardian consents to your use of the Service under these terms and conditions.

Data Privacy

WIXPay's Privacy Policy, available from WIXPay's website located at www.WIXPay.com, is made part of these Terms and incorporated herein by reference. If you don't set up a WIXPay account, WIXPay does not collect any Account Info from you other than your mobile phone number (the 'Mobile Number') and data related to your Mobile Carrier Purchases, such as the purchase amount, the Seller and the application and/or website location from which Goods are made available. If you set up a Registered Account, WIXPay collects your Mobile Number and Account Info. You acknowledge and agree that WIXPay may use your Mobile Number and/or Account Info for processing transactions initiated by you, as aggregated with other information for data management purposes, and to transmit text messages to you for the purpose of providing the Service, with such transmissions including those from and to computer systems managed by or on behalf of WIXPay which are located throughout the world.

Acknowledgements by You

You acknowledge that: (i) the Service utilizes SMS transmissions which may result in additional wireless charges from your Mobile Carrier and that you are solely responsible for such charges; (ii) transactions initiated by you through the Service are non-cancelable and may not be refunded through the Service; (iii) you are solely liable for use of and access to your Registered Account and for use and access to the Service from your Mobile Device and that WIXPay shall have no liability to you or any third party for any unauthorized use or access of your Registered Account or use or access of the Service through your Mobile Device; (iv) the charges for Mobile Carrier Purchases and WIXPay+ Purchases will be reflected in your Mobile Carrier and/or payment provider bill (e.g. credit card bill), as applicable, and that you are solely responsible for such charges and for any taxes (including but not limited to use taxes), duties, currency exchange fees, data charges and related charges to such transactions; (v) if WIXPay, a Mobile Carrier, our payment transaction processor, or a Seller determines not to accept a transaction you initiate through the Service, WIXPay, the Mobile Carrier, the payment transaction processor, and the Sellers shall not have any liability to you; and (vi) WIXPay does not have control of or liability for the Goods or the delivery of the Goods to you and shall not have any liability to you for any actions taken or charges applied by a Mobile Carrier or a Seller with respect to the Goods or for any failure of delivery of the Goods. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of WIXPay or its licensors or suppliers. To contact WIXPay customer support, see http://WIXPay.com/help/contact-us.

Representations

You represent that: (i) you will comply with all laws, rules and regulations, any Mobile Carrier requirements, and the requirements of your authorized payment provider applicable to your use of the Service; (ii) there is no law or restriction barring you from using the Service; (iii) you own and/or are authorized to use the Mobile Device, authorized payment method (for WIXPay+), and Mobile Number in conjunction with the Service; and (iv) you are solely responsible for use of your Mobile Device with the Service and for use of and access to your Registered Account.

Availability of the Service

WIXPay uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when your Registered Account may not be accessible and/or the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. You agree that WIXPay shall not be liable to you for any unavailability, suspension or discontinuance of the Service. WIXPay reserves the right to refuse to provide the Service to you at any time for any reason.

Termination of Accounts and Limitations

WIXPay reserves the right to terminate the Service and WIXPay accounts at any time without notice or liability to you. WIXPay accounts that remain inactive for a period of time may be subject to automatic termination. Upon termination of your WIXPay account, the licenses granted to you by WIXPay shall cease and your WIXPay account will be terminated; provided, however, that transaction history that does not personally identify you may be retained by WIXPay and used and disclosed as aggregated with other transaction data managed by WIXPay. WIXPay Points are subject to the following restrictions and limitations: WIXPay Points: (i) may not be used for partial payment of Goods or be applied for the payment of taxes; (ii) will not be accrued for purchases of Goods made with WIXPay Points; (iii) may not be available for all WIXPay accounts; (iv) may not be available for use for all purchases of Goods or with all Sellers; or (v) may not be transferred or assigned, whether by operation of law or otherwise, or redeemed for cash or other monetary value except as expressly offered by WIXPay. The WIXPay Points program, terms and conditions for the WIXPay Points program, and any WIXPay Points awarded are void where prohibited by law and may be withdrawn, limited, or modified from time to time as determined by WIXPay in its sole discretion without liability to you. Any purchases made with WIXPay Points that would result in fractional WIXPay Points being applied will result in redemption of WIXPay Points as rounded up to the nearest whole unit. Liability for any federal, state, or local taxes, as may be applicable, arising from your participation in the WIXPay Points program are your sole responsibility. Once used, WIXPay Points will not be re-issued in the event that purchases made with WIXPay Points that are subsequently returned or canceled.

Trademarks

'WIXPay' is a registered trademark in the United States and 'WIXPay,' the WIXPay+ logo, and the WIXPay logo are trademarks of WIXPay and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE GOODS PURCHASED USING THE WIXPay SERVICE ARE PROVIDED BY THIRD PARTIES AND NOT BY WIXPay, AND THAT WIXPay SHALL HAVE NO LIABILITY TO YOU WHATSOEVER REGARDING SUCH GOODS OR RELATED TO THE DELIVERY OF THE GOODS. THE SERVICE IS PROVIDED �AS IS� WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIXPay AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WIXPay DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIXPay, ITS AFFILIATED COMPANIES, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WIXPay BE LIABLE TO YOU FOR ANY AMOUNT OVER TEN U.S. DOLLARS (U.S. $10.00).

Indemnification

You agree to indemnify, defend and hold WIXPay, its affiliated companies, its suppliers and their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (i) an violation or breach of these Terms by you, or (ii) any activity related to access to of use of your Registered Account or your Mobile Device (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your Registered Account or using the Service through your Mobile Device or with your Mobile Number.

Release of WIXPay

If you have a dispute with your Mobile Carrier, the provider of you authorized payment method (e.g. credit card issuer), or one or more Sellers, you hereby release WIXPay, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly waive the provisions of California Civil Code '1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.�

General

Following the requirements of 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For more information on how to obtain such protections see GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). WIXPay does not endorse any particular provider or service that enables parental controls. As required under California Civil Code Section 1789.3, WIXPay provides you with the following specific consumer rights notice regarding: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. These Terms shall be governed by and interpreted in accordance with the laws of the State of California exclusively, as such laws apply to contracts between California residents performed entirely within California, excluding its conflicts of laws principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. The parties consent to the exclusive jurisdiction of and venue in the federal and/or state courts for Santa Clara County, California, for all claims arising out of or relating to these Terms or the relationship between the parties. Neither these Terms nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of WIXPay. Any assignment in violation of the foregoing shall be null and void. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the parties agree that the court should attempt effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. WIXPay shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, Mobile Carrier or Seller actions or failures to act, equipment or communications failures, war or natural disaster. These Terms set forth the entire understanding and complete and exclusive statement of the agreement between WIXPay and you and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. You have no third party beneficiaries to these Terms. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you are accepting these Terms from Canada, you agree to the following: The parties hereto confirm that it is their wish that these Terms have been and shall be written in the English language only. Les parties ci-dessus confirment leur d'sir que cet accord soient r'dig's en langue anglaise.