TERMS OF SERVICE

Last updated: Aug’18 2019

IMPORTANT NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION“ SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND IWALLET INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

OVERVIEW

 

Please read these Terms of Service (“Terms”) and our Privacy Policy before using iWallet Inc’s services. These Terms set out the terms and conditions that apply when you use our Services. When you use our Services, you agree to be bound by these terms and conditions. If you don’t agree to all the terms and conditions, you must not use our Services. The term "Services" means and includes all iWallet websites, APIs, mobile applications (“the iWallet”) or other applications, software, online services, features, applications, widgets, forums, social media channels, customer support, technical support and any other services provided by or through iWallet Inc.

 

This is an Agreement between You and “iWallet Inc.” (hereinafter “iWallet”, www.iwallet.com, “we”, “us” and “our”). Our endeavor has been to keep this Agreement as readable and straightforward as possible. We expect you to be of sufficient legal age i.e. at least 18 years or above to be able to enter into binding contracts and provide consent to the collection and processing of any personal data we need to provide services to you.

Some of the Services may be subject to our additional terms, conditions, agreements and schedules, which are posted on the iWallet or made available separately from these Terms (Additional Terms). Your use of the Services may also be subject to our additional policies, guidelines or rules that we post or make available. Such Additional Terms policies, guidelines and rules are incorporated into and form a part of these Terms.

By accessing or using the Services you agree to be bound by these Terms as well as our Privacy Policy and E-Sign Consent. If you disagree with any part of these Terms then you do not have permission to access the Services.

This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us.

CONSENT TO DOING BUSINESS ELECTRONICALLY

Our platform operates on mobile devices and the Internet, hence you consent to transact business with us electronically. Agreements you enter into with us are signed electronically. We will provide disclosures, notices, alerts and communications to you by electronic means, for example, by posting it on our website, sending you an in-app message, emailing it to an email address that you have provided us, sending it as a text message to any mobile phone number that you have provided us, or making it available to you in your iWallet Account (defined below). All notices by any of these methods will be deemed to be received by you no later than the earlier of (i) when the notice was received or (ii) 24 hours after the notice was sent or posted.

WHO CAN USE THE SERVICES

You may use the Services only if you are 18 years or above and can form a legally binding contract and are not barred from using the Services under applicable law. We may also allow business entities to use our Services.

All accounts created on our Services should be created only by US citizens or US entities with a US bank account.

By using the Services on behalf of someone else, you affirm that you have the authority to bind that person to these Terms, and that you will also be bound to these Terms on behalf of that person.

BASIC iWALLET INFORMATION

Your iWallet services

The basic iWallet services will encompass a U.S. dollar wallet for use in connection with our payment services ("USD Wallet") and the purchase of products and services when you visit or shop via our Services. Some of the Services may not be available generally, or more specifically to residents of certain jurisdictions.

Registration of iWallet Account

In order to use the Services, you must register for an iWallet account ("iWallet Account"). During the registration process, we will ask you for certain information, including your name and other personal information, to verify your identity. We may, in our sole discretion, refuse to open an iWallet Account for you, or limit the number of iWallet Accounts that you may hold.

You may not use as a username the name of another person or that is not lawfully available for use, a name or trademark that is subject to any rights of another person other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Your username and password are for your personal use only, and not for use by any other person. You are responsible for safeguarding your username and password, and agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Services that occurs with your username or password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your iWallet Account or the Services. You agree to log out from your iWallet Account (if applicable) at the end of each session. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph.

Accuracy of information

When you register for an iWallet Account, you may be required to provide information that will allow us to verify your identity, including but not limited to: a valid US physical address (not including P.O. Boxes or commercial mail receiving agencies), phone number, bank or credit union account information, a copy of your photo identification, and your tax identification or social security number. You agree to provide true and accurate information to iWallet when you create your Account. You also agree to update this information to keep it true and accurate at all times.

Authentication

You may be required to provide additional information or documentation to allow iWallet to verify your identity and/or your account information. iWallet may also verify your information against third party databases or other sources and you authorize iWallet to make such inquiries.

We may require the individual information above for an individual who directly or indirectly holds 25% or more of the equity interests of a company or has managerial control of the company.

We may require you to provide additional information, verify your information, or wait some amount of time after completion of a transaction before permitting you to use any of the Services or engage in transactions beyond certain volume limits.

Rewards Program

iWallet has come up with a rewards program for its users. This rewards program will essentially offer the following:

For personal accounts, signed up with emails under usfca.edu domain iWallet offers $10 upon verification of identity, $5 for adding and subsequent verification of the bank account – additionally, a $5 bonus for transferring money from the bank account to your iWallet balance.

There are some restrictions under the rewards program when it comes to the ability to make withdrawals. All reward transactions will be non-refundable until the first payment to the merchant is processed. iWallet will offer a full refund for available balance after the first payment to the merchant. 

Under the rewards program, only one reward set is legible. This means that there will only be a $10+$5+$5 bundle per individual account. The rewards program is subject to these restrictions, and all iWallet users that are legible will have to review these restrictions keenly.


iWallet Referral Program

The iWallet referral program allows iWallet users to receive bonuses for every individual they refer to iWallet.

Terms

Individuals that refer other users– herein referred to as referrer.

Individuals that have been referred – herein referred to as referees.

How to Earn Referral Bonus

A referrer and referee may earn a bonus if ALL the following conditions are met:

Once the referee opens a personal account and meets the conditions above, the referrer and referee will receive a bonus of $5 each. Only personal accounts signed up with email under usfca.edu domain are eligible to participate in the referral program and receive the referral bonus.

Redeeming Referral Bonus

Once the referrer and referee receive a referral bonus:

The iWallet referral bonus can only be redeemed on the iWallet platform, that is, making payments on iWallet for personal accounts.

Referral bonus may not be earned by creating multiple iWallet accounts neither can bonuses from multiple accounts be combined into one iWallet account.

Should there be any tax implications upon using/ receiving the referral bonus – the user will be responsible.

Should a user feel that there is an error in the reward bonus balance, feel free to contact us. iWallet will review and come up with a final decision at its discretion.

Sharing Referral Links

Referral links should only be used for personal and non-commercial purposes and should not be published on commercial websites or blogs. Referrers are advised not to pay to have their referral links published. Referrers are discouraged from spamming potential referees through mass emailing, messaging, or using bots to contact people they do not know.

Multiple Referrals

In the case that a referee receives referral links from several referrers, only one link will be viable – rather one referrer will be eligible for the referral bonus. The viable link will be the first link that will be used by the referee to open an account and meet the required conditions.

Termination

iWallet reserves the right to prevent specific accounts from participating in the referral program at its discretion.

Should there be any violation of iWallet’s Terms and Conditions by the users, fraudulent activities, or abusive actions – iWallet reserves the right to suspend the specific accounts and revoke the referral bonuses awarded.

Updates to the Terms

iWallet reserves the right to terminate or make changes to the terms of the referral program without prior notice. Should the changes be made, iWallet will post the updated terms on its website for users to access.

iWallet Cashback Program

The iWallet cashback program enables users to receive cashback bonus to their card(s) after a successful transaction on the iWallet platform. The Cashback Terms of use provided here; together with iWallet’s Terms and Conditions and Privacy Policy set the use of this service. In the case where there is a conflict between the Cashback Terms of Use and the Terms and Conditions or Privacy Policy regarding the cashback program, then these Terms of Use will govern.

iWallet reserves the right to make amendments to these terms of use without prior notice. Should there be any updates/ changes, iWallet will publish them on the website.

Eligibility

Cashback participants must have active iWallet accounts to receive the cashback bonus. Should a participant close or cancel the membership before they have been awarded the cashback bonus, then they will automatically forfeit any pending cashback bonus.

Cashback will be applied upon successful payment to an iWallet merchant; provided the payment has not been refunded. It may take up to 72 hours for the cashback bonus to be processed.

User Limitation

For users that have emails in the usfca.edu domain, they will receive 20% cashback for successful payments made on the iWallet platform. Other users (not in the usfca.edu domain), will receive 3% cashback for successful card transactions.

In some special cases, ANY user may receive a 100% cashback – but not exceeding $20 – upon selection by iWallet’s random system.

However, a single user is eligible to not more than $300 cumulatively in a lifetime; unless otherwise redefined in the Terms of Use.

Limitation of Liability

To the fullest extent, permissible to the applicable law; iWallet, its affiliates, employees, agents, and partners will not be held liable for any damages that arise following the use of the cashback program. Total liability will be to the user should any damages or losses occur.

 

USD Wallet Overview

iWallet offers a payment service that lets you send funds (U.S. dollars) to, or receive funds from, other users with an iWallet Account and USD Wallet (USD Payment Service). You can pay for goods or services at certain merchants. In order to use our USD Payment Service, you will need to first sign up for a Dwolla Platform Account.

Dwolla Platform Account

We have partnered with Dwolla, a payments provider company, to offer you the USD Payment Services. When you sign up for an iWallet Account with us, you will also be prompted to sign up for a Dwolla account (called a "Dwolla Platform Account"). You authorize us to share any of your information with Dwolla needed to open and support your Dwolla Platform Account. It is your responsibility to make sure data you provide us is accurate and complete.

It is important you understand the nature of the two separate accounts i.e. iWallet Account and Dwolla Platform Account. Your iWallet Account on our platform is the interface where you can manage your funds, while your funds are stored with Dwolla's financial institution partners until they are used for transactions.

In order to use the payment functionality of iWallet web-application, you must open a "Dwolla Platform Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla Platform Account are held by Dwolla's financial institution partners as set out in the Dwolla’s 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 application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity and you can contact us @ [email protected]

When you open a Dwolla Platform Account, you will link a checking or savings account from a bank. Once linked, you can load funds from the linked bank account to your Dwolla Platform Account. Any funds you load to the Dwolla Platform Account are placed in a pooled account held by one of Dwolla's financial institution partners. Be aware of the following about the pooled account:

Special Offers and Services

We may, at any time, provide special offers from select merchants to you and load these offers onto your iWallet Account. We may also add to our USD Payment Services as we create new ways for you to use our platform. We may offer a sign-up incentive for limited periods of time. If we do, we may stop offering this incentive at any time.

Account Balances

You cannot use our USD Payment Services to send funds you don't have. When you initiate a transaction through your USD Wallet, you must have enough funds in your USD Wallet to support that transaction, or we will not permit it to go through. You cannot have a negative balance in your USD Wallet and you cannot incur overdrafts.

Electronic Fund Transfers Through Dwolla Platform Account

You can initiate the following electronic fund transfers ("EFTs" for short) through your USD Wallet:

Once the above EFTs are initiated through your USD Wallet, we pass along your payment instructions to Dwolla in order to complete the transaction. Dwolla sets transaction limits on these transfers, which you should review carefully in Dwolla's Terms of Service.

EFTs for Merchant Purchases; Limitations

When you make a purchase at a participating merchant, you authorize an EFT that debits your Dwolla Platform Account. As above, we pass along your payment instructions to Dwolla in order to complete the transaction.

In addition to the limits set by Dwolla, noted above, we impose a transaction limit on purchases made at merchants.

Your Liability for Unauthorized EFTs

Tell us AT ONCE if you believe your USD Wallet has been accessed without your permission or an EFT has been made from your USD Wallet without your permission. Email is the best way to keep your losses down. You could lose all the money in your USD Wallet.

You can email us at [email protected], and you call us at 866-376-4880. Our business days are Monday through Friday, not including federal holidays.

If you tell us within 4 business days after you learn of the unauthorized access to your USD Wallet, you can lose no more than $50 if someone initiated an EFT without your permission.

If you do NOT tell us within 4 business days after you learn of the access, and we can prove we could have stopped someone from initiating an EFT without your permission if you had told us, you could lose up to $500.

Also, if your transaction history shows EFTs that you did not make, tell us at once. If you do not tell us within 90 days after the date of the transaction, and we can prove we could have stopped someone from taking the money if you had told us in time, you may not get back any money you lost after those 90 days. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Transaction History

You will be able to see your transaction history on your USD Wallet. We will not send you a periodic statement listing transactions you make on your USD Wallet. If you have any questions about these transactions, email us at [email protected]

ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR USD WALLET MUST BE DIRECTED TO US AND NOT TO DWOLLA OR ITS FINANCIAL INSTITUTION PARTNERS THAT HOLDS YOUR FUNDS. We are responsible for the EFT service and for resolving any errors in transactions made with your USD Wallet.

Our Liability for EFTs

If we do not complete an EFT to or from your USD Wallet on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

Disclosure of Your Information

We will disclose information to third parties about your USD Wallet or the EFTs you make:

Volume Limits 

Due to security reasons and legalities, there are volume limits on the amounts of money you can transfer from your Bank Account to your iWallet. Transactions beyond certain volume limits may therefore not be allowed until further information is provided, and is subsequently verified. When transferring funds from your Bank Account to iWallet, you need to ensure that you have sufficient funds to cover the transaction and applicable fees from your bank.

Fees

Your bank may fail to execute the transfer because of insufficient funds to cover the transaction in question, or for any other reasons that may be at their discretion. iWallet reserves the right to charge fees for any service offered under the iWallet Terms of Service. For failed bank transfers, due to insufficient funds or bank-related issues, iWallet will apply a $5 fee on such transactions. Your bank and merchant have their independent Terms of Service and procedures. Your bank may charge you some fees depending on the volume limit of the transaction, and any other services involved as outlined in their Terms of Service. Your merchant may also charge you fees for their services as stipulated in their Terms of Service.

Error Resolution

In case of an EFT Error, please contact us immediately at [email protected] or please contact us immediately if you think that: (i) your USD Wallet has been accessed without your authorization, (ii) a transaction that you did not authorize has occurred, (iii) a transaction has been processed incorrectly to or from your USD Wallet, or (iv) your transaction history contains an error. If you give someone access to your USD Wallet and that person conducts transactions without your authorization, these transactions are not considered errors, unless you are the victim of a phishing attack or similar exploit.

We must hear from you within 90 days after the date of the suspected error. We may extend this period by a reasonable time if you are delayed because you initially attempted to notify the financial institution that holds your funds.

When you notify us of the suspected error, please provide:

We will determine whether an error occurred within 10 business days after you notify us and will correct any error promptly. If we need more time, we may take up to 45 days to investigate. If we decide to take extra time, we will provisionally credit your USD Wallet within 10 business days for the amount of the suspected error. If we ask you to send your inquiry by email and we do not receive it within 10 business days, we may not credit your USD Wallet. For errors involving new USD Wallets, we may take up to 90 days to investigate and up to 20 business days to credit your USD Wallet.

We will tell you the results within 3 business days after completing our investigation. If we decide there was no error, we will reverse any provisional credits and will provide you with a written explanation. You may ask for copies of the documents we used in our investigation.

If you believe there is some transaction error that does not involve an EFT, please contact us within 4 business days of the transaction. If you do not contact us within 4 business days, we will not be liable for any loss.

Cancellation and Refunds

As a general rule, we do not cancel or reverse transactions, including EFTs. If you want to cancel an EFT you initiated within the past 30 minutes, please contact us immediately.

Also, we do not provide refunds. If you want a refund, please contact the merchant who received your payment.

Purchases with Merchants

You may purchase goods or services at participating merchants. When you make these purchases, you authorize a debit from your iWallet Account or connected Bank Account in the amount of the purchase.

Other Purchases

If you wish to purchase any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including your debit or credit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card, debit card or other payment method in connection with any Purchase; and that (ii) the information you provide is true, correct and complete.

Returns

You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your items must be unused and in the same condition that you received it. Your item must be in the original packaging. Damaged or defective merchandise may also be returned for a replacement of the exact item. Replacement orders will ship once the return of the original item is received and processed at our warehouse.

Refunds: If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuers policies.

Shipping: You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

The Services may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

We may use a third party payment provider to process any USD payment between you and iWallet.

Right to Stop Transactions

We may stop any of your transactions if we have reason to believe there may be suspicious activity involved or for any other reason so long as we are not prohibited by law.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings. We may experience delays in updating information on the Services and in our advertising on other websites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Mobile Use

The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and our website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the Mobile Use). To the extent you access the Services through a mobile device, your wireless service carriers standard charges, data rates and other fees may apply. In addition, downloading, installing or certain aspects of Mobile Use may be prohibited or restricted by your carrier, and not all aspects of Mobile Use may work with all carriers or devices. You consent to be contacted by us, our contractors, agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or numbers we can reasonably associate with your iWallet Account (through skip trace, caller ID capture or other means). You agree we may contact you in any way, including SMS messages (text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that a contractor, agent, representative or other person calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS message. You represent that the telephone numbers that you provide to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. You also understand that you may incur additional charges for such communications from your carrier.

OWNERSHIP OF CONTENT AND GRANT OF CONDITIONAL LICENSE

The Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Services (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the services and Content. We may change the Content and features of the Services at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view the Services and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Services or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Services and Content, and infringes our copyrights, trademarks, patents and other rights in the Services and Content. You will not acquire any ownership rights by using the Services or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Services are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at [email protected]

USER CONTENT

Unless otherwise expressly provided, "User Content" means all contents submitted, posted, uploaded, published, or transmitted on or through the Services by you or any other user of the services, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Services.

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Services, you hereby grant to iWallet a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on or through, by means of or to promote, market or advertise the Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Services will not be used by iWallet in public advertising. In the interest of clarity, the license granted to iWallet shall survive termination of the Services or your Account. iWallet does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Services by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant to iWallet the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or iWallet’s use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that iWallet may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

iWallet reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or users, or for any other reason.

iWallet takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. iWallet is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that iWallet shall not be liable for any damages you allege to incur as a result of such User Content. iWallet may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.

INTELLECTUAL PROPERTY RIGHTS

iWallet’s Content is protected by copyright, trademark, patent and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, iWallet and its licensors exclusively own all right, title, and interest in and to the Services and iWallet’s Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of iWallet used herein are trademarks or registered trademarks of iWallet. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

COPYRIGHT COMPLAINTS

Without prejudice to the above, if you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please send us the following information:

  1. (i)An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 
  2. (ii)A description of the copyrighted work that you claim has been infringed upon; 
  3. (iii)A description of the material that is claimed to be infringing and where it is located on the Service; 
  4. (iv)Your address, telephone number, and e-mail address; 
  5. (v)A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 
  6. (vi)A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. 

iWallet’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Attn: DMCA Notice

Email: [email protected]

Telephone: (866) 376-4880

Please note that this procedure is exclusively for notifying iWallet and its affiliates that your copyrighted material has been infringed.

COMPLAINTS & LEGAL CHALLENGES

If iWallet is made a party to any legal action by virtue your actions, you agree to be responsible for all of iWallet costs and legal fees and to indemnify and hold iWallet harmless from any action.

THIRD-PARTY WEBSITES, ADVERTISERS OR THIRD-PARTY SERVICES

We may contain links to third-party websites, advertisers, or third-party services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from iWallet, you do so at your own risk, and you understand that this Agreement and iWallet’ Privacy Policy do not apply to your use of such sites. You expressly relieve iWallet from any and all liability arising from your use of any third-party website or services or third party owned content.

Additionally, your dealings with or participation in promotions of advertisers found on iWallet, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that iWallet shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

TERMINATION

We may terminate or suspend your iWallet Account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including a breach of the Terms.

If you wish to terminate your iWallet Account, you may simply discontinue using the Services, but any obligations you have relating to your iWallet Account and any provisions of these Terms which by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNITY

You agree to defend, indemnify and hold harmless iWallet and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

 

You agree that we are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold iWallet and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable solicitors' fees) incurred by iWallet that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of iWallet.

SETOFF

If you owe us any amount, you give us a security interest in your iWallet Account and funds held in any pooled account (does not include your Dwolla Platform Account). You also give us the right, to the extent not prohibited by law, to set off against your funds to pay the amount owed to us. You agree that the security interest you have given us is consensual and is in addition to our right of set off. If we exercise our right of set off, we will notify you to the extent required by law. Notwithstanding the foregoing, nothing herein shall supersede the terms of the Dwolla Terms of Service.

LIMITATION OF LIABILITY

 

You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us over the last twelve months.

 

iWallet and its directors, employees, affiliates, subsidiaries, agents and third party providers, shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your mobile device, computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Always log into your iWallet Account through the iWallet Mobile Application to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

 

We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or Services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.

 

You agree that we will not be liable for any loss of registration and use of your email address, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

DISCLAIMER OF WARRANTIES

 

You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an "as is", "as available" basis.

 

We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.

 

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

 

We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.

PROHIBITIONS

As a user of the Services, you may not:

RESTRICTED USE

By opening a iWallet Account, you confirm that you will not use the Services in connection with any of the following businesses, activities, practices, or items:

CONDITIONAL USE

Express written consent and approval from iWallet must be obtained prior to using the Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at [email protected] iWallet may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Services in connection with any of following businesses, activities, or practices:

PRIVACY OF OTHERS; MARKETING

If you receive information about another user through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental to the transaction such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Services.

DISPUTE RESOLUTION; CLASS ACTION WAIVER

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and iWallet agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide iWallet with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide iWallet with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide iWallet with an Arbitration Opt-out Notice, will be the state and federal courts located in the State of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide iWallet with an Arbitration Opt-out Notice, you acknowledge and agree that you and iWallet are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and iWallet otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and iWallet otherwise agree, the arbitration will be conducted in the State of California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and iWallet submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. iWallet will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, iWallet will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions regarding modifications in these terms, if iWallet changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [Insert email address]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of iWallet’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and iWallet in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

DISPUTE JURISDICTION FOR COURTS

 

This Agreement is governed by and will be enforced in accord with the laws of State of California.

 

Any action brought against iWallet arising out of or relating to this Agreement must be brought in the courts of State of California and you consent to the exclusive jurisdiction of such courts.

FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

MISCELLANEOUS

This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent from iWallet, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.

 

NO AGENCY

You and we are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and iWallet’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E-SIGN DISCLOSURE AND CONSENT

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your iWallet Account and your use of the Services. Communications include:

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us at iWallet [email protected] If you fail to provide or if you withdraw your consent to receive Communications electronically, iWallet reserves the right to immediately close your iWallet Account or charge you additional fees for paper copies.

Requesting Paper Copies of Electronic Communications

You may request that we send you a paper copy of Communications via U.S. Mail. To request a paper copy, contact us at [email protected] You must provide your current U.S. mailing address so we can process this request. We may charge you a reasonable fee not to exceed $10 per copy. Except as prohibited by law, we reserve the right, in our sole discretion, to deny your request.

Updating your Information

It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if iWallet sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, iWallet will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team at [email protected]

CONTACT US

If you have any questions about these Terms, please contact us at [email protected].