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Terms & conditions
These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Pay With Virtual Card (“Virtual” “we,” “our” or “us”) and govern your use of Virtual’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Limitations of Liability and Damages) and require individual arbitration for any potential legal dispute (see Binding Individual Arbitration).
You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us.
Payment Terms: These terms apply to all payments made through the Services.
Revisions, Disclosures, and Notices
We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the General Terms, Additional Terms, or Policies in place when the Dispute arose.
We may provide disclosures and notices required by law and other information about your Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact our Support. If we are not able to support your request, you may need to terminate your Account.
Compatible Devices and Third Party Carriers
We do not warrant that the Services will be compatible with the device or carrier. Your use of the Services may be subject to the terms of your agreements with your device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls.
Copyright and Trademark Infringement
We respect the copyright and trademark rights of others and ask you to do the same. We have adopted a Copyright & Trademark Policy regarding claims that third-party material infringes the copyrights or trademarks of others. We respond to all valid notices of such copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible devices. You will immediately notify us of any unauthorized use of your password or Virtual Account or any other breach of security. Notwithstanding Sections Disputes and Binding Individual Arbitration, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Virtual Account subject to dispute) will be final and binding on all parties.
You consent to accept and receive communications from us in electronic form, including e-mail, text messages, calls and push notifications to the mobile phone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders, and other notifications. You agree that all communications provided to you by Privacy electronically satisfy any legal requirement that communication would satisfy if it were in writing. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe options we provide to you. You may also opt out of text messages from Virtual at any time by texting STOP in response. You acknowledge that opting out of receiving communications may impact your use of the Services.
You will indemnify, defend, and hold us and our partners (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, accurately and truthfully represents your identity; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.
Privacy Payment Terms
By using Pay With Virtual Card (“Virtual Card,” “we,” “our,” or “us”) payment services (“Payment Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“Payment Terms”) and all other terms, policies, and guidelines applicable to the Services (as defined in the General Terms) used.
If you are using the Payment Services on behalf of a business, that business accepts these terms. Payment Services may only be used for business purposes in the fifty states of the United States of America. Defined terms will have the same meaning as those found in the General Terms unless otherwise re-defined herein.
Privacy offers Payment Services that allow you to authorize the purchase of goods and services online. We are not a bank and do not offer banking services as defined by the United States Department of Treasury. You must open a Privacy Account before accessing the Payment Services.
In connection with the Payment Services, you authorize us to act as your agent for the limited purposes of making payments on your behalf. Your authorization permits us to generate virtual payment cards (“Virtual Cards”) for every transaction that you authorize. Your authorizations will remain in full force and effect until you close a Virtual Card or your Privacy Account is closed or terminated.
Virtual Cards are not issued to you and are not for consumer use. They are issued to Virtual and are used exclusively to make payments on your behalf. You cannot use Virtual Cards in any way beyond their intended purpose.
Each time a payment is made by Virtual on your behalf, the amount of the transaction will be settled from your designated funding source. If Privacy is not able to settle a transaction with your account, your Virtual Account may be suspended.
Availability of Payment Services
We may restrict your access to Payment Services if we need to conduct an investigation or resolve any pending dispute related to your use of the Payment Services. We may also restrict access to Payment Services as necessary to comply with applicable law or court order, or if requested by any governmental entity.
Virtual complies with the Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by Privacy or its partners.