Terms of Service

Welcome to Payclub!

This user agreement is a contract between you and Grink, Inc. that governs your use of your Payclub account and the Payclub services. For an individual to open a Payclub account and use the Payclub services, you must be a resident of the United States or one of its territories and at least 18 years old. For a business to open a U.S. Payclub account and use the Payclub services, the business must be organized in, or resident of, the United States.

By opening and using a Payclub account, you agree to comply with all of the terms and conditions in this user agreement, so please read all of the terms and conditions carefully.  You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you.

In order to use the payment functionality of our application, you must open a “Access API” account provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our Payclub application, and Dwolla account notifications will be sent by Payclub and not Dwolla. We (Payclub) will provide customer support for your Dwolla account activity, and can be reached at Payclub.co , [email protected]

If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.

Privacy Policy Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

Please read carefully all of the terms of these policies and each of the other agreements that apply to you.

We may amend this user agreement at any time by posting a revised version on our website.  The revised version will be effective at the time we post it.  If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice on the Policy Updates page of our website, unless a shorter timeframe is required by law or by Dwolla or Dwolla’s financial institution partners.

Opening an Account

We know people use Payclub to accept payments for different reasons.

Payclub accounts let you do things like:

  • Send and receive money.
  • Pay using your bank account, Payclub balance or other payment methods.
  • Accept ACH payments from bank accounts, Payclub balance or other payment methods.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access your Payclub account and the Payclub services. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your Payclub account profile.

In order to use Payclub’s services, you must open an account with our payment partner Dwolla, which is subject to Dwolla’s rules and terms, which are available at .  We will share the end user’s data with Dwolla for the purposes of opening and managing the Customer Account.  Dwolla terms of service are listed below.

By accepting these terms, you consent to Payclub using personal data provided by you or obtained through account verification processes, in order to provide the Payclub services.

If you are under the age of eighteen (18), you may not use Payclubs services.

User Accounts

Any user has the ability to:

  • Create or join a group. When creating a group, you have an option of open or closed settings. When establishing a group, they take on the role of “Group Owner” within a group.
  • Any user can send funds to another user or group.

Closed group

Within a closed group, the person to create the group will be responsible for all activity within group. All funds will be directed to and held in the group balance.

Group owner:

General user:

  • Is the member of a group. Has the ability to see other members of group and transaction history.
  • Can make payments to requested charges.

Open Group

Within an open group, all members will be capable of transacting with one another.

  • Payments received or made will be directed to user’s personal Payclub accounts. There is no group balance.
  • All members can request funds, edit the group name and thumbnail, and invite new group members to the group.

Group owner:

  • Responsible for group ownership.

You will remain liable for all obligations related to your Payclub account even after the Payclub account is closed. In certain cases, you may not close your Payclub account, including:

  • To evade an investigation.
  • If you have an open Payclub Credit account linked to your Payclub account; however, your Payclub account can be restricted at your request so it is only open to enable you to service your Payclub Credit account.
  • If you have a pending transaction or an open dispute or claim.
  • If your Payclub account has a negative balance.
  • If your Payclub account is subject to a hold, limitation or reserve.

 

Transaction Size Limits

Users are currently limited to transfers of  $1,500 per transaction and $3,000 per week.  Groups are limited to $10,000 per transaction.

Link or Unlink a Payment Method

You can link or unlink a debit card, credit card, a U.S. bank account or Payclub Credit to your Payclub account as a payment method. Please keep your payment method information current (i.e. credit card number and expiration date).  If this information changes, we may update it as directed by your bank or card issuer without any action on your part.

When you add a payment method, we may verify the payment method details using a 3rd party provider Plaid (www.plaid.com).

Adding or Withdrawing Money

Adding money

You may transfer money to your Payclub balance from any bank account linked to your Payclub account by requesting an electronic transfer from your bank account.  You don’t need a Payclub balance to send money or buy something using your Payclub account.  You may use the payment methods linked to your Payclub account to fund transactions you make using your Payclub account.  Although usually quicker, transfers may take up to 5 business days to arrive in your account.

Withdrawing money

If you have a Payclub balance, you may withdraw it by transferring it to a bank account linked to your Payclub account,

Although usually quicker, withdrawing funds from your Payclub balance to your bank account may take up to 4 business days for you to see the funds in your bank account.

We may further delay a withdrawal, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your Payclub account have been reversed (for example, as a result of a chargeback, bank reversal or dispute by a user).  Additionally, if we place a limitation on your Payclub account while a withdrawal from your Payclub account is pending, you will have to reinitiate the withdrawal once the limitation has been lifted.

We may set limits on your withdrawals, and you can view your withdrawal limit, if any, by logging into your Payclub account.  Completing the following steps can help us verify your Payclub account, which may allow us to remove any withdrawal cap:

  • Verifying your bank account.
  • Providing your social security number.

We don’t charge a fee to make a transfer directly to your bank.

Sending Money or Receiving Money

Sending money

You can send money to a friend or family member using the”direct pay” feature in your Payclub account. You can send money to a group by responding to a charge request . If the person to whom you are sending money does not have a Payclub account, they can claim it by creating an account, or it will be refunded to you.  Receiving money from a friend or family member is described under Receiving Money.

We may, at our discretion, impose limits on the amount of money you can send, including money you send for purchases.  You can view your sending limit, if any, by logging into your Payclub account.  Completing the same steps to verify your information as is required for the removal of withdrawal limits, may allow us to increase your sending limits.

When you send money to a friend or family member, one of three things may happen:  they may accept, decline or fail to claim the money.  If they either decline to accept the money or don’t claim it within 30 days of the date it is sent, the money (including any fees you were charged for sending the money) will be refunded to your Payclub balancePayclubPayclubPayclub

Receiving money

If a friend or family member sends money to you, the money will appear in your Payclub balance.

Fees for Sending Money to Friends and Family

The fees applicable to sending money will be disclosed to you in advance each time you initiate a transaction to send money to a friend or family member.

Payment review

When Payclub identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed.  When this happens, Payclub will place a hold on the transaction and notify the parties of the delay.  If we clear the transaction, we will notify both parties.  If we don’t clear the transaction, we will cancel it and return the funds to you.

Payment Method Used for My Transaction

Selecting a payment method

Each time you initiate a payment, you will have the option to select a payment method as a source for your payment, for example, your Payclub balance, or your bank account.

There may be times when your selected payment method cannot be used, for example, if you select a credit card that has expired.  .

You will be able to see all of your available payment methods, or add a new one, and select the one of your choosing during the transaction.

Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.

Sending money to friends and family

When you send money to friends and family using your Payclub balance or your bank account, we waive all fees, so we always show you this payment option first, if available,. Remember, you always have the choice to select any payment method in your account by clicking the “Change” link on the Send Money page.  We will always show you if there is a fee and how much the fee is..

Bank account transfers

When you use your bank account as a payment method, you are allowing Payclub to initiate a transfer from your bank account to the recipient.  For these transactions, Payclub will make electronic transfers via ACH from your bank account in the amount you specify.  You authorize Payclub to try this transfer again if the initial transfer is rejected by your bank for any reason.

Closing your Payclub Account

You may request to close your Payclub account at any time.  Closure will be completed, and any balance held in your Payclub account will be refunded to the funding source you elect during the closure process, net of any transfer fees that may be applicable to that funding method.  Closure and refund of any balance will take place once any pending transactions have cleared, which may take between 5 to 10 days.

Payment review

Payclub reviews certain potentially high-risk transactions.  If Payclub determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you.  Payclub will conduct a review and either clear or cancel the payment.  If the payment is cleared, Payclub will provide notice to you.  Otherwise, Payclub will cancel the payment and the funds will be returned to the sender, unless we are legally required to take other action.   Payclub will provide notices to you by email and/or through your Payclub account regarding such actions.

Restricted Activities and Holds

Restricted Activities

In connection with your use of our websites, your Payclub account, the Payclub services, or in the course of your interactions with Payclub, other Payclub customers, or third parties, you will not:

  • Breach this user agreement, and any other agreement between you and Payclub, or violate any Payclub policy.
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
  • Infringe Payclub’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
  • Sell counterfeit goods.
  • Act in a manner that is defamatory, trade libelous, threatening or harassing.
  • Provide false, inaccurate or misleading information.
  • Send or receive what we reasonably believe to be potentially fraudulent funds.
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
  • Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Payclub and another user, bank or other payment source for the same transaction.
  • Control an account that is linked to another account that has engaged in any of these restricted activities.
  • Conduct your business or use the Payclub services in a manner that results in or may result in complaints; requests by buyers (either filed with us or card issuers) to invalidate payments made to you; fees, fines, penalties or other liability or losses to Payclub, other Payclub customers, third parties or you.
  • Use your Payclub account or the Payclub services in a manner that Payclub, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
  • Allow your Payclub account to have a negative Payclub balance.
  • Provide yourself a cash advance from your credit card (or help others to do so).
  • Access the Payclub services from a country that is not included on Payclub’s permitted countries list.
  • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf or the Payclub services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Payclub services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf, any of the Payclub services or other users’ use of any of the Payclub services.
  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
  • Use the Payclub services to test credit card behaviors.
  • Circumvent any Payclub policy or determinations about your Payclub account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Payclub account(s) when an account has a negative Payclub balance or has been restricted, suspended or otherwise limited; creating new or additional Payclub accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Payclub account.
  • Harass and/or threaten our employees, agents, or other users.
  • Circumventing Dwolla’s intended limitations for any feature of the Access API Services

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect Payclub, its customers and others at any time in our sole discretion.  The actions we make take include, but are not limited to, the following:

  • Terminate this user agreement and/or close or suspend your Payclub account, and we may refuse to provide the Payclub services to you in the future.
  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf, your Payclub account or any of the Payclub services, including limiting your ability to pay or send money with any of the payment methods linked to your Payclub account, restricting your ability to send money or make withdrawals.
  • Hold your Payclub balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy.

Contact counterparties to whom or from whom you have transferred funds using Payclub, your bank or credit card issuer, other impacted third parties or law enforcement about your actions.

  • Update inaccurate information you provided us.
  • Take legal action against you.
  • If you’ve violated our Acceptable Use Policy, then you are also responsible for damages to Payclub caused by your violation of this policy.
  • If you are a user and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to Payclub for the amount of Payclub’s damages caused by your violation of the Acceptable Use Policy.  You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of Payclub’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to Payclub that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate.  Payclub may deduct such damages directly from any existing Payclub balance in any Payclub account you control.

If we close your Payclub account or terminate your use of the Payclub services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your Payclub account available for withdrawal.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Payclub, any Payclub customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Payclub services. You agree to reimburse Payclub, any Payclub customer, or a third party for any and all such liability.

Holds, Limitations, and Reserves

What are holds, limitations and reserves

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of Payclub, our customers and/or service providers.  We may use proprietary fraud and risk modeling when assessing the risk associated with your Payclub account.  In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions.  We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that Payclub may take under certain circumstances either at the transaction level or the account level.  When Payclub places a temporary hold on a payment, the money is not available to either the sender or the recipient.  Payclub reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction.  Some common situations where Payclub will hold payments include:

  • New groups or users who have limits on transaction size
  • Groups or users who have performance issues, or a high rate of member dissatisfaction, complaints or disputes.

Holds based on Payclub’s risk decisions

We may place a hold on payments sent to your Payclub account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Payclub account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements.  We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties.  When we place a hold on a payment, the funds will appear in your Payclub account with an indication that they are unavailable or pending.  We’ll notify you, either through your Payclub account or directly by phone or email, whenever we place a hold.

Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your Payclub account.  We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion.  The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below.  In this case, we’ll hold the payment in your Payclub account until the matter is resolved (but no longer than 180 days).

Limitations

Limitations prevent you from completing certain actions with your Payclub account, such as withdrawing, sending or receiving money.  These limitations are implemented to help protect Payclub, users and groups when we notice restricted activities or activity that appears to us as unusual or suspicious.  Limitations also help us collect information necessary for keeping your Payclub account open.

There are a number of reasons why your Payclub account could be limited. For instance,

  • If we suspect someone could be using your Payclub account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
  • If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your Payclub account and your bank account.
  • In order to comply with regulatory requirements. For example, requesting certain products, like a debit card, can trigger federal and state laws, and we may limit your Payclub account while we work together to satisfy those requirements.
  • Due to Payclub policies we have in place to ensure we’re in compliance with law.
  • If we reasonably believe you have violated the Acceptable Use Policy.
  • transaction activity indicating your Payclub account is high risk. For example, receiving an unusually high number of claims and chargebacks your group members, or other usersor transaction size and or frequency appears unusual.

To remove the limitation and restore your Payclub account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws). If you find that your Payclub account has been limited, you should either review the email you receive from us informing you that your Payclub account is limited, or log in to your Payclub account for additional details about the limitation on your Payclub account. Lets discuss how other clients of yours mitigate this risk

Reserves

We may place a reserve on your Payclub account if we believe there may be a high level of risk associated with you, your Payclub account, or your transactions.  When we place a reserve on your Payclub account, it means that all or some portion of the money in your Payclub account is reserved as unavailable for withdrawal in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your Payclub account or use of the Payclub services.  Reserves may be placed on your Payclub account at the time you open a Payclub account or at any time during the life of your Payclub account.  We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties.   When we place a reserve on your Payclub account, the funds will appear in your Payclub account as a “Pending Balance,” and we’ll notify you of the terms of the reserve.  If we change the terms of the reserve, we’ll notify you of the new terms.

Payclub considers a list of non-exclusive factors and whether and how these factors have changed over time, including:

  • Your payment processing history with Payclub and other providers.
  • Transaction size and frequency
  • Whether you have higher than average number of returns, chargebacks, claims or disputes.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Payclub account, placing a reserve or limitation on your Payclub account, or releasing your funds.  We will decide, in our sole discretion, which action is required of us.  Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions.  We do not have an obligation to contest or appeal any court order or legal process involving you or your Payclub account.  When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.

Liability for Unauthorized Transactions and Other Errors

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Payclub account, you should regularly log into your Payclub account and review your Payclub account statement.  Payclub will notify you of each transaction by sending an email to your primary email address on file.  You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

Payclub will protect you from certain unauthorized activity in your Payclub account.  When this protection applies, Payclub will cover you for the amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below. Transactions in excess of $1,000 are currently not covered by this protection at this time.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your Payclub account that you did not authorize and that did not benefit you.  For example, if someone steals your password, uses the password to access your Payclub account, and sends a payment from your Payclub account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

If you give someone access to your Payclub account (by giving them your login information) and they use your Payclub account without your knowledge or permission.  You are responsible for transactions made in this situation.

You understand and agree that, to the extent permitted by law, Payclub may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Payclub or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Payclub may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Payclub, and Payclub does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Payclub’s Rights

Payclub suspension and termination rights

Payclub, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf or some or all of the Payclub services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your Payclub balance.

Security interest

Limitation of liability

Payclub’s liability is limited with respect to your Payclub account and your use of the Payclub services.  In no event shall Payclub be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf, any of the Payclub services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.  In addition, to the extent permitted by applicable law, Payclub is not liable, and you agree not to hold Payclub responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf, or any of the Payclub services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf and any of the Payclub services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf  or any of the Payclub services or any website or service linked to our websites, software  or any of the Payclub services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf or any of the Payclub services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Payclub account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Payclub’s policies.

Disclaimer of Warranty and Release

No warranty

The Payclub services are provided “as-is” and without any representation or warranty, whether express, implied or statutory.  Payclub specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Payclub does not have any control over its individual users, groups or administrators of those groups including users who may use Payclub to transmit payments for services, and Payclub cannot ensure that a any group, user or counterparty will perform any obligations that are not directly related to Payclub’s services.  Payclub does not guarantee continuous, uninterrupted or secure access to any part of the Payclub services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Payclub services) operated by us or on our behalf may be interfered with by numerous factors outside of our control.  Payclub will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but Payclub makes no representations or warranties regarding the amount of time needed to complete processing because the Payclub services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Release of Payclub

If you have a dispute with any other Payclub account holder, you release Payclub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Intellectual Property

Payclub’s trademarks

“Payclub.co,” “Payclub,” and all logos related to the Payclub services are either trademarks or registered trademarks of Payclub.  You may not copy, imitate, modify or use them without Payclub’s prior written consent.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Payclub.  You may not copy, imitate, modify or use them without our prior written consent.  You may use HTML logos provided by Payclub for the purpose of directing web traffic to the Payclub services.  You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Payclub or the Payclub services or display them in any manner that implies Payclub’s sponsorship or endorsement.  All right, title and interest in and to the Payclub websites, any content thereon, the Payclub services, the technology related to the Payclub services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Payclub and its licensors.

License grant from you to Payclub; intellectual property warranties

Payclub does not claim ownership of the content that you provide, upload, submit or send to Payclub.   Subject to the next paragraph, when you provide content to Payclub or post content using Payclub services, you grant Payclub (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones.  Payclub will not compensate you for any of your content.  You acknowledge that Payclub’s use of your content will not infringe any intellectual property or publicity rights.  Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Payclub.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure.  So stay on the lookout for some of these common scams:

  • Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be Payclub or coming from Payclub but asks you to send money outside your Payclub account.
  • Relative in Need: a scammer impersonates a family member (commonly grandchildren) and claims there is an emergency requiring you to send money.
  • Lottery or Prize: a scammer informs you that you’ve won a lottery or prize and must send money in order to claim it.
  • Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation.
  • Employment Related: a scammer instructs you to send money in connection with a fraudulent offer of employment.

Always use common sense when sending money.  If something sounds too good to be true, it probably is.  Only send money for yourself and not for others.   Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us at [email protected] .

Escheatment of dormant accounts

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Payclub.

Identity authentication

You authorize Payclub, directly or through third parties, to make any inquiries we consider necessary to validate your identity.  This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources.  We may also ask to see your driver’s license or other identifying documents at any time.  If you use certain Payclub services, federal law requires that Payclub verify some of your information.  Payclub reserves the right to close, suspend, or limit access to your Payclub account and/or the Payclub services in the event we are unable to obtain or verify this information.

Payclub is only a service provider

Our relationship with you under this user agreement is as a service provider providing an App which enables the Payclub services, and Payclub is an independent contractor for all purposes.  Payclub is not your agent or trustee. Payclub is not the payment transfer service provider.

Privacy

Protecting your privacy is very important to us.  Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Translation of agreement

Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Payclub account or your relationship with Payclub.  Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information

If you receive information about another Payclub customer, you must keep the information confidential and only use it in connection with the Payclub services.  You may not disclose or distribute any information about Payclub users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so.  You may not send unsolicited emails to a Payclub customer or use the Payclub services to collect payments for sending, or assist in sending, unsolicited emails to third parties.