GANGSTA PAY Terms of Service
GANGSTA PAY
MOBILE PAYMENT WALLET
Gangsta Pay App.
Terms of Service
Posted: May 12, 2022
Effective: May 12, 2022
Last Updated:
April 11, 2022
This page explains our terms for Gangsta Pay App.
By using the service you agree to these terms. If you use the service on behalf of your company, your company agrees to them too.
These Gangsta Pay App Terms of Service (the “Gangsta Pay App Terms”) are a legal agreement between you, as a current or prospective user of the Services, and GANGSTA PAY INC.. (formerly known as “Gangsta Pay.”) (hereafter, “Gangsta Pay,” “we,” “our” or us”), and governs your use of Gangsta Pay App, a financial platform, which includes mobile applications, websites, software, cloud-based solutions, digital cash bills, and other products and services (the “Service”), offered by GANGSTA PAY INC. If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. By using the Service you agree to be bound by these Gangsta Pay App Terms and any policies referenced within (“Policies”), including our Privacy Notice (see Section V.5).
Please note that you should review all Gangsta Pay
Terms carefully, including those provisions which limit our liability (see Section XI.16) and those regarding individual arbitration for potential legal disputes (see Sections XI.18 and XI.19).
TABLE OF CONTENTS
1 ). Gangsta Pay Stored Balance Disclosures
2 ). Gangsta Pay Revisions, Disclosures, and Notices
3 ). Gangsta Pay Account
4 ). Gangsta Pay Communications and Devices
5 ). Gangsta Pay Data and Service Usage and Ownership
6 ). Gangsta Pay Balance
7 ). Gangsta Pay
Peer-to-Peer Service
8 ). Gangsta Pay
Mobile QR Code Cash Bills
9 ). Gangsta Pay
Digital Currency Services
10 ). Gangsta Pay
Cash for Business
11 ). Gangsta Pay Transaction Information and Disputes
12 ). Gangsta Pay
Other Legal Terms
13 ). Gangsta Pay
Mobile Check Capture
I. Stored Balance Disclosures
List of All Fees for Gangsta Pay App
Stored Balance All Fees Amount Get Started
Account setup $0 Monthly Usage Monthly fee $0
Add Money Direct Deposit $0 Receive money $0
Add Cash – External Account $0
Receiving a merchant refund $0
Spend Money
Sending money using your cash balance or debit card $0
Get Cash
Cash Out (standard)
No fee to transfer money from your Gangsta Pay account to a linked account with the standard option. The money is typically available in 1-3 business days.
$0
Instant Deposit
Fee for expedited transfer from your Gangsta Pay account to a linked account. Funds are typically available within minutes. The applicable fee amount is disclosed at the time of the transaction.
$2
Information
Customer service (in-app) $0
Customer service (email) $0
Customer service (phone) $0
Other
Inactivity $0
We currently do not offer overdraft or credit features.
Stored balances of Cash Bills customers are eligible for FDIC insurance through our partner bank. These funds are insured up to $250,000 by the FDIC if our partner bank that holds your funds fails and specific deposit insurance requirements are met. If you do not have a Cash Bills, your stored balance is not protected by FDIC deposit insurance at this time.
Contact Gangsta Pay at
1-646-335-7923, by mail at GANGSTA PAY INC. 8067 Valentine Ave Bronx New York 10457
II. Revisions, Disclosures and Notices
We can make updates to the Terms at any time, and we’ll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms.
You also agree to receive notices from us electronically.
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section XI.18) that arose before the changes will be governed by the Gangsta Pay Terms in place when the Dispute arose.
You agree to Gangsta Pay E-Sign Consent. We may provide disclosures and notices required by law and other information about your Account (defined below) 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 pushed or emailed to you. If you wish to withdraw your consent to receiving electronic communications, contact Gangsta Pay Support. If we are not able to support your request, you may need to terminate your Account.
III. Gangsta Pay Account
1. Eligibility and Account Registration
Using Gangsta Pay requires that you open an account. You need to be a U.S. resident and at least 18 years old. If you want to use your account balance to send money to another Gangsta Pay customer, then you’ll need to give us some more information about you that we will use to verify your identity.
This is also the part where you tell us you own the email or phone number you registered with and that the personal information you provide to us is correct. You agree to cooperate with us so that we can verify your identity. We might use third parties to help us do so.
You must be a resident of the United States, at least 18 years and the age of majority in your State of residence, and you must register for an account (your “Account”) to use the Service. Certain features of the Service may only be available for use in the United States. Some features, such as the ability to send money to another Gangsta Pay customer with the balance in your Account, may be available only if you provide us with certain information about you and we are able to verify your identity.
A. Registering, Opening, Using, or Upgrading an Account
To register, open, use, or upgrade an Account, GANGSTA PAY INC. may require that you submit certain information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, and a government issued form of identification to GANGSTA PAY INC. You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate, and you agree to keep your Account Information current. All Account Information is subject to the Gangsta Pay Copyright and Trademark Policy.
B. Restricted Accounts
When you first open your Account, it will be a “Restricted Account.” With a Restricted Account, you may link an external, U.S.-issued bank account (an “Eligible Bank Account” as defined below) to make a payment to another Gangsta Pay customer (including payments made to a Cash for Business Seller, defined below), and you may transfer funds from your Gangsta Pay Balance (defined below) to your Eligible Bank Account, but you will not be able to make a payment to another Gangsta Pay customer (including a Cash for Business Seller) using your Gangsta Pay Balance. If you have a Restricted Account and you attempt to make a payment to another Gangsta Pay customer from your Gangsta Pay Balance, then you will be given the option of upgrading your Account to an “Unrestricted Account.” To upgrade your Account, you will need to provide us with certain personal information so that we can verify your identity.
C. Validating and Authenticating Your Identity You hereby authorize GANGSTA PAY INC., directly or through GANGSTA PAY INC. use of third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and Account Information and, for Cash for Business Accounts, your company or employer. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources. After we verify your identity, your Account will convert from a Restricted Account to an Unrestricted Account.
In connection with your use of the Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or the Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us. If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then your Account will remain a Restricted Account and you will not be able to use your Gangsta Pay Balance to make payments to other Gangsta Pay customers. In addition, we reserve the right to change the account type, suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information.
The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new Account.
2. Authorized Users
a. You may authorize Accounts for up to four (4) dependents who are 18 years of age or older (each, a “Dependent” and each such Account, a “Dependent Account”). Any minor Dependent who uses a Dependent Account must do so only with the consent of their parent or legal guardian, who must themselves be of majority age. You acknowledge that the Gangsta Pay Terms and Privacy Notice will apply to you with respect to each Dependent Account and to each authorized Dependent, and you hereby expressly accept these Gangsta Pay Terms and Privacy Notice on behalf of each authorized Dependent and Dependent Account. You further agree to and accept full responsibility and liability for any Dependent’s use of a Dependent Account, including but not limited to (a) any transactions made by the Dependent Account; (b) any transaction made by others if an authorized Dependent allows them to use such Dependent Account; (c) fees and charges resulting from any transaction made by a Dependent or others if a Dependent allows them to use such Dependent Account; and (d) any other financial charges and legal liability that a Dependent may incur in connection with their use of a Dependent Account. You allow us to discuss the Dependent Account with an authorized Dependent. By authorizing a Dependent Account, you represent that you have permission to allow us to use and share information about the Dependent as described in the Privacy Notice and as allowed by applicable law. This includes information we may get from you, any authorized Dependent, and information about their transactions and use of a Dependent Account.
You may withdraw your authorization at any time by contacting Gangsta Pay Support through the app or by calling 1-646-335-7923. If your Account is suspended or terminated, your authorization for any Dependent Accounts will be automatically withdrawn.
b. Feature Access. Dependent Accounts will have access to certain Gangsta Pay features, such as Peer-to-Peer Transactions and the Mobile QR Code CASH BILLS. Dependent Accounts may not have access to all Gangsta Pay features, or access to such features may be limited.
When you authorize a Dependent Account, you also authorize that Dependent to “Add Cash” to the Dependent Account as outlined in Section VI.2 (Funding Your Gangsta Pay Balance.) To the extent an “Add Cash” method is offered through a third party, you agree to and accept full responsibility for any Dependent’s use of such service for the Dependent Account.
c. Limits for Authorized Dependents. Authorized Dependents will be subject to the following limitations for Peer-to-Peer Transactions:
Per-Transaction Limit. The maximum amount that can be sent or received is $1,000 per transaction.
Thirty-Day Limit. The maximum amount that can be sent or received in a thirty (30) day period is $1,000.
We reserve the right to restrict spending from authorized Accounts at specific merchants or industries at our sole discretion.
d. Account Graduation. You agree that any Dependent you authorize to use a Dependent Account who is of majority age may initiate a request to become the sole owner of the Dependent Account by providing the information described in the Validating and Authenticating Your Identity section above. Once we verify their identity, a previously authorized Dependent will become the sole owner of the Dependent Account, including the sole owner of any funds or other assets held in the Dependent Account, and any associated Cash Bills.
3. MEMBERSHIP NAME
You may choose your username for Gangsta Pay, which will be your “Name.” If you choose a Name that is confusing or deceptive, we may change it.
You may select a unique alpha-numeric name to identify yourself on the Service (a “Name”). You may not select a Name that misleads or deceives others as to your business or personal identity or creates an undue risk of chargebacks or mistaken payments, in our sole discretion. We may require you to change your Name or details of your Account Information at our sole discretion, and we may deactivate your account, or reclaim or make unavailable your Name, without liability to you.
4. Gangsta Pay Fees
The fees for using Gangsta Pay are found in the “Stored Balance Disclosures” Section of these Gangsta Pay Terms. We reserve the right to charge for, or change the fees associated with, the use of Gangsta Pay at any time subject to reasonable notice and these Gangsta Pay Terms. A fee may be imposed by GANGSTA PAY INC. or an ATM operator for use of the Cash Bills (defined below) at an ATM, including for a balance inquiry, and by any network used to complete the ATM transaction, as described in your Cash Bills Terms (defined below).
5. FDIC Pass-Through Insurance
The Federal Deposit Insurance Corporation (FDIC) insures eligible deposits (up to $250,000) in the event the bank holding the funds fails. If you have been issued a Cash Bills as described in Section VIII of this agreement, your Gangsta Pay Balance is covered by FDIC insurance through our banking partner(s) (“pass-through insurance”).
IV. Communications and Devices
1. Text Messages and Other Communications
Here’s where we describe your consent to receive texts from us and your representations regarding texts we send to others relating to your payments. You also consent to us sending messages to your email. You can opt out of communications in ways that are specific to that communication method, such as by unsubscribing from emails, or replying to text messages with ‘STOP’.
By providing us with a mobile number, either when you sign up for an Account or update the contact information associated with your Account, you consent to receiving text (SMS) messages and push notifications from us. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may opt-out of text messages from GANGSTA PAY INC. by replying STOP or by changing your notification preferences in the app. You acknowledge that opting out of receiving communications may impact your use of the Services.
2. Compatible Mobile Devices and Third Party Carriers
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile 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—sometimes referred to as “jail broken.”
V. Data and Service Usage and Ownership
1. Your Content
You retain all rights to your content when you upload it into our services, but you do give us broad rights to use, modify, display your content in our services. You can see specifics on the rights you grant us below.
Also, anything you provide us or make available to the public through our services must not contain anything that we think is objectionable (e.g., illegal, obscene, hateful or harmful to you, our customers or us). We can remove any content at any time.
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these GANGSTA PAY INC. Terms. You may modify or remove your Content via your Account or by terminating your Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with GANGSTA PAY INC. or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose GANGSTA PAY INC, its affiliates or its customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Gangsta Pay may also monitor such Content to detect and prevent fraudulent activity or violations of the Gangsta Pay Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
2. Security
We take security incredibly seriously, but can’t guarantee that bad actors will not gain access to your personal information. You need to do your part by keeping your passwords safe, being smart about who has access to your account and which of your devices can access our services, and letting us know if you think an unauthorized person is using your account.
If there is ever a dispute about who owns your account, we are the decider.
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 solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices, computers, or through remote access. You will immediately notify us of any unauthorized use of your password or Account or any other breach of security. Notwithstanding Sections XI.18 and XI.19, 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 Account subject to dispute) will be final and binding on all parties.
3. Your License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services, as authorized in these Gangsta Pay Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. This means you must ensure that you are using the most recent version of Gangsta Pay, which may require you to download and install updates manually. Any such updates may be subject to additional terms made known to you at that time.
4. Ownership
While we’re happy to let you use our services, you don’t have any ownership rights in them. We can act on any ideas you share with us about how we can improve our products and services free of charge.
We reserve all rights not expressly granted to you in these GANGSTA PAY INC. Terms. The Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. We own all rights, title, interest in and to the Services and all copies of the Services. These Gangsta Pay Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these Gangsta Pay Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit feedback, comments, or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such Ideas as we see fit and without any obligation to you.
5. Sharing of Your Information
We will share Account Information and transaction information, including your name, the amount, and a description, with the other party to your transaction and in accordance with our Privacy Notice.
6. Copyright and Trademark Infringement
We respect the intellectual property rights of others and ask you to do the same. We have adopted a Copyright and Trademark Policy regarding any third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.
VI. Gangsta Pay Balance
1. General
You may store funds in your Gangsta Pay, these make up your balance. You may add funds to your balance from your linked bank account or debit card. When you do, you are authorizing us to debit those sources. If we incur costs because you have insufficient funds in your account, you will cover those costs.
a. Functionality. Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions (your “Gangsta Pay Balance”). You are solely responsible for all funds necessary to complete any payments initiated through the Service. You agree to reimburse GANGSTA PAY INC. for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment you initiate through the Service.
b. Authorization. Each time you instruct us through the Gangsta Pay to add funds from your linked Eligible Bank Account or Direct Deposit (defined below) or linked debit card to your Gangsta Pay Balance or make any other transfer, you authorize us to immediately debit the Eligible Bank Account or debit card linked to your account at the time of the transfer for the amount instructed, either in a single or recurring transaction, as applicable. You are also authorizing us to move funds to your applicable Eligible Bank Account or applicable debit card for instructions to add funds that are canceled or otherwise returned. You can cancel this authorization by unlinking your Eligible Bank Account or debit card from your Cash Account.
c. Limitations. GANGSTA PAY INC. may impose limits on the amount you can keep in your Gangsta Pay Balance and reserves the right to change these limits at any time. Funds in your Gangsta Pay Balance might not be available to use for all types of transactions. If you have a Restricted Account, then you may not use your Gangsta Pay Balance to make payments to other Gangsta Pay customers (including Cash for Business Sellers) unless you first upgrade to an Unrestricted Account.
2. Funding Your Gangsta Pay Balance
There are several ways you can add funds to your Gangsta Pay Balance (“Add Cash”), which are described here.
Subject to the limitations described in Section VI.1(c), you can keep funds received from P2P Payments (defined below) made to you through the Gangsta Pay in your Balance.
Once you have an Unrestricted Account, we may offer you the ability to “Add Cash” to your Gangsta Pay Balance in other ways, including, but not limited to, the following:
a. External Account.
Eligible Bank Account. You may use funds from your Eligible Bank Account to fund your Gangsta Pay Balance.
Debit Card. You may link a debit card to fund your Gangsta Pay Balance. To do so, you must have a valid debit card issued by a U.S. bank or financial institution bearing the Visa Inc. (“Visa”), MasterCard International Inc. (“MasterCard”), or DFS Services, LLC (“Discover”) logo. Any such debit card, collectively with your Gangsta Pay Balance (if you have an Unrestricted Account) and an Eligible Bank Account, is referred to herein as an “Eligible Transaction Account”.
b. Direct Deposit. You may direct payments made to you from your employer or otherwise into your Gangsta Pay Balance using the bank routing and account number provided to you under the direct deposit program provided by our partner banks (the “Direct Deposit”). Such Direct Deposits, including limits on the dollar amount of Direct Deposit you can receive, are governed by the terms and conditions provided by the applicable bank.
c. Mobile Check Capture. Subject to the Mobile Check Capture Section of these Gangsta Pay Terms, we may also offer the ability to use a check to Add Cash to your Gangsta Pay Balance.
Certain funding features (including, but not limited to, cash loads and Direct Deposit) may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to our Services, unforeseen circumstances, or outages.
3. Transferring Funds to Your Bank Account
You can transfer funds from your Gangsta Pay balance out to your bank account (“Cash Out”). These transfers can take up to three days, or for a fee, be made instantly. We may limit your ability to transfer funds to your bank account, based on the circumstances. For example, we may delay transfers while we screen for fraud or risks. You are responsible for all amounts owed on your account even after it is closed.
a. Transfers to Your Bank Account. You may electronically transfer funds from your Gangsta Pay Balance to an Eligible Bank Account (“Cash Out”). By selecting an Eligible Bank Account as your deposit source you are requesting that we settle an electronic transfer to your bank account. GANGSTA PAY INC. will settle these electronic transfers (via the Automated Clearing House (“ACH”) of NACHA – The Electronic Payment Association (“NACHA”)) to your Eligible Bank Account in the amount you instruct, and you will not be able to cancel the ACH transfer. Such transfer to your Eligible Bank Account via ACH will typically arrive within three (3) business days.
b. Instant Deposit. If this feature is available to you, you may Cash Out from your Gangsta Pay Balance to your Eligible Bank Account subject to the fees detailed in the Instant Deposit experience. Funds are typically available within minutes.
c. Limitations. GANGSTA PAY INC. may limit how many Cash Outs you can initiate from your Gangsta Pay to your Eligible Bank Account and the amount of funds you can transfer in a single transaction. We reserve the right to delay or further limit such transfers at our discretion to protect GANGSTA PAY INC. or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. In addition, you may not transfer funds from your Gangsta Pay Balance to your Eligible Bank Account to evade a payment investigation. If you attempt to transfer your Gangsta Pay Balance while we are conducting an investigation, we may hold your funds at our discretion to protect GANGSTA PAY INC. or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect payout or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Account even after the Account is closed.
4. Treatment of Funds
GANGSTA PAY INC. will not mix your funds with GANGSTA PAY. corporate funds. Your funds will be held in pooled bank accounts with the funds of other Gangsta Pay customers.
If you do hold funds in your Gangsta Pay Balance, GANGSTA PAY INC. will hold such funds separate from its corporate funds and will not use your funds for any corporate purposes, nor will GANGSTA PAY INC. voluntarily make your funds available to its creditors in the event of bankruptcy. GANGSTA PAY INC. will combine your funds with the funds of other customers and place those pooled accounts in one or more bank accounts in GANGSTA PAY INC. name.
5. Interest
You will not receive interest on the funds that you have in your stored balance.
You agree that you will not receive interest on or other monies derived from the funds that GANGSTA PAY INC. handles and places in pooled accounts. It is likely that GANGSTA PAY INC. will receive interest on funds held for its users. In consideration for your use of the Service, and with full knowledge and understanding that GANGSTA PAY INC. will receive this interest, you irrevocably transfer and assign to GANGSTA PAY INC. all rights that you may have in any interest that may accrue on funds held in pooled accounts.
VII. Peer-to-Peer Service
1. Description Of Service
The peer-to-peer Service (“Peer-to-Peer Service”) allows you to send funds or receive funds for peer-to-peer personal, non-commercial purposes.
2. Sending Funds
You will be able to send funds using our P2P service if you have a linked bank account or linked a credit card. If you have an Unrestricted Account you will also be able to send funds using our P2P service from your balance. You authorize us to move funds on your behalf. We won’t be responsible for certain incomplete transactions, as described here.
a. General. Once you have opened an Account and either have funds available in an Eligible Transaction Account or linked a credit card issued by a U.S.-based bank or financial institution bearing the trademark of Visa, MasterCard, Discover, or American Express Travel Related Payment Services Company, Inc. (“American Express”) (an “Eligible Credit Account), you will be able to send funds using the Peer-to-Peer Service. Note that your Gangsta Pay Balance will not be an “Eligible Transaction Account” until you have given us certain information and we have verified your identity, as set forth above. This means that until (a) you give us this information (b) we verify your identity and (c) you have an Unrestricted Account, you will not be able to use the Gangsta Pay Balance to send funds using the Peer-to-Peer Service. With a Restricted Account, you will not be able to make a payment to another Gangsta Pay customer (including a Cash for Business Seller) using your Gangsta Pay Balance. You may only send funds with the Peer-to-Peer Service using an Eligible Credit Account or an Eligible Bank Account. As a party initiating a transfer (“Sender”), you will send funds to your selected recipient (“Recipient”) by designating the Recipient and the transfer amount to us (a “Payment Instruction”).
b. Authorization. By initiating each Payment Instruction, you authorize us to debit your linked Eligible Transaction Account (including any Eligible Bank Account that is linked to your Account at the time of the Payment Instruction) or linked Eligible Credit Account by the amount you specify, and to send those funds to your designated Recipient (a “P2P Payment”) immediately upon your request. By submitting a Payment Instruction, you are also authorizing us to move funds to your applicable Eligible Transaction or applicable Eligible Credit Account for P2P Payments that are canceled or otherwise returned. You can cancel this authorization by unlinking your Eligible Bank Account from your Gangsta Pay Account.
You understand and agree that when you initiate a P2P Payment Instruction, processing will begin, and funds will leave your Eligible Transaction Account as early as the moment you initiate the Payment Instruction. However, we will complete the transfer of funds to the Recipient once the Recipient has provided all required information. You hereby authorize and direct us to retain such funds until the earlier of such time as the Recipient has provided all required information or fifteen (15) days.
c. Our Liability. We shall incur no liability if we are unable to complete a P2P Payment Instruction because of inaccurate or insufficient Payment Instructions, or the failure of the Recipient to claim the P2P Payment, or because either you or the Recipient does not provide us with any information that we request, or we are unable to verify your identity or the identity of the Recipient to our satisfaction.
3. Funding Sources Used for Payments Made Through the Service
You may link an Eligible Bank Account to your Gangsta Pay to fund payments. GANGSTA PAY INC. reserves the right to limit which banks or what types of accounts constitute an Eligible Bank Account. When you initiate a payment through the Gangsta Pay, if you have a Restricted Account, then you will not be able to make a payment to another Gangsta Pay customer (including a Cash for Business Seller) using your Gangsta Pay Balance. If you have a Restricted Account and you wish to make a payment to another Gangsta Pay customer, you may: (1) use an Eligible Bank Account or Eligible Credit Account; or (2) upgrade to an Unrestricted Account to make the payment with your Gangsta Pay Balance.
If you have an Unrestricted Account and have sufficient funds in your Gangsta Pay Balance to satisfy the full payment amount you can choose whether you want the payment fulfilled by your Gangsta Pay Balance, Eligible Bank Account or Eligible Credit Account. If you do not have sufficient funds in your Gangsta Pay Balance to cover the full transaction, then you may choose the funding source from your Eligible Transaction Accounts or Eligible Credit Accounts.
4. Requesting Funds
You may also request funds to be transferred to you through the Peer-to-Peer Service by designating the amount of funds requested and your selected Sender (a “Cash Request”). If the Sender approves your Cash Request, your Cash Request will become the Sender’s Payment Instructions and be processed as described in these Gangsta Pay Terms.
5. Receiving Funds
Any P2P Payment you receive via the Peer-to-Peer Service will be stored in your Gangsta Pay Balance.
6. Peer-to-Peer Service Payment Amount Limits
If you’re sending large amounts of money over the thresholds described here, you will need to provide additional ID so that we can make sure you are who you say you are.
We will require you to provide us with additional identification information if you wish to send more than one thousand dollars ($1,000) (in any one transaction or in multiple transactions) over any thirty (30) day period or to receive more than one thousand dollars ($1,000) (in any one transaction or in multiple transactions) over any thirty (30) day period. GANGSTA PAY INC. may impose other limits on the amount you can send in any one transaction or in multiple transactions over any seven (7) day period, subject to some restrictions. We may adjust these limits at any time at our discretion.
7. Peer-to-Peer Service Fees
You can send money to others through our P2P service for free, unless you choose to send funds using a credit card. We can change these fees in the future.
There are currently no fees for sending funds via an Eligible Transaction Account using the Peer-to-Peer Service. The fee for sending funds using an Eligible Credit Account through Peer-to-Peer Service will be displayed at the time of the transaction. We reserve the right to charge for or change the fees associated with use of the Peer-to-Peer Service at any time with reasonable notice, subject to these Gangsta Pay Terms.
8. Payment Cancellation, Stop Payment Requests and Refused Payments
Our ability to stop or cancel a P2P Payment Instruction depends on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. We are not required to stop, cancel, or recover funds associated with a misdirected Payment Instruction.
P2P Payments not claimed by a Recipient fifteen (15) days after the processing has begun will be canceled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Eligible Transaction Account or Eligible Credit Account, as applicable. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law.
9. Invalid P2P Payments
If we believe you received a payment that should not have been made for some reason (for example, fraud), you give us permission to reverse that payment. We are not responsible for any payments that you receive, even if you don’t know who sent the payment.
If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was invalid for any reason, you hereby authorize us to move funds from the applicable Eligible Transaction Account or Eligible Credit Account in an amount equal to the P2P Payment.
You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.
10. Risk of Fraudulent Transactions
The Peer-to-Peer Service is a money transmission service. As a result, fraudulent transactions may result in the loss of funds with no recourse.
VIII. Cash Bills
1. Issuance of the Cash Bills
A bank may provide you with a virtual or physical Cash Bill. By requesting the Cash Bill, you agree to any additional applicable terms from the issuing bank. We may cancel, repossess, or revoke your Cash Bills at any time.
GANGSTA PAY INC. may arrange for an issuing bank to provide you with access to a mobile QR code cash bills (a “Cash Bills”). By using the Cash Bills, you agree to the issuing bank’s terms, as applicable (each the “Cash Bills Terms”), which may be updated from time to time. For avoidance of doubt, the applicable Cash Bills Terms are between you and the issuing bank of your cash bills program, not Gangsta Pay, and in the event of any inconsistency between these Gangsta Pay Terms and the applicable Cash Bills Terms, the applicable Cash Bills Terms shall govern your use of the Cash Bills and your relationship with the issuing bank.
The Cash Bills may be issued in virtual or physical form. To activate the virtual Bills, and to request a physical Bills, you will need to follow in-app prompts.
You may have the option to choose our design Cash Bills. If you choose to redesign your Bills, we may charge an additional fee. We reserve the right to reject designs or signatures and Bills applications for any reason. Prohibited signatures include, but are not limited to, those signatures that depict inappropriate subject matter, the intellectual property rights of others, or an ink-intensive design.
Once you receive your Mobile CASH BILLS, you must follow the directions to activate your bills prior to use. Your personal identification number (“PIN”) will be the code you set as your Cash PIN, and you may reset the PIN in the Gangsta Pay App. Your Mobile Bills may be cancelled, repossessed, or revoked at any time without prior notice at our discretion (including for depicting a prohibited signature) subject to applicable law.
2. Using the Cash Bills
You can use your Cash Bills to make purchases using any available Gangsta Pay balance. You agree we can move funds from your balance to your Cash Bills for purchases that you make with your Cash Bills.
Your Cash Bills may be used to make purchases with a merchant using any available amounts in your Gangsta Pay Balance. Upon activating the Service, you instruct GANGSTA PAY INC. to use the available funds in your Gangsta Pay Balance to load your Gangsta Pay Account for making purchases with your Cash BiLL.
3. Payment Transaction Limits
You agree that you won’t make a purchase or transaction in excess of the funds available in your balance and if you do, you agree that we can recover any negative balance.
You can only make transactions using your Cash Bills to the extent that you have funds in your Gangsta Pay Balance to support those transactions. You agree not to make a purchase or other transaction in excess of the funds available in your Gangsta Pay Balance. If you do make a purchase or other transaction that exceeds the funds available in your Gangsta Pay Balance, you agree that we can recover any negative balance incurred.
4. No Right to Stop Payment
You do not have the right to stop payment on a transaction originated with your Cash Bills.
5. “Disable Bills” Feature
You may use the “Disable Bills” feature of Gangsta Pay to disable your Cash Bills if you lose your Cash Bills or think it has been stolen.
In the event of a lost, stolen, or misplaced Cash Bills, or you otherwise want to prevent future transactions from your Cash Bills, you may disable your Cash Bills with the Gangsta Pay App “Disable Bills” feature within the Gangsta Pay App. Use of this feature will not prevent processing of pending transactions initiated prior to disabling your Cash Bills. In the event you have found your Bills, or otherwise want to enable a disabled Cash Bills, you must select the “Enable Bills” option within the Gangsta Pay App before your “disabled” Cash Bills can be used for transactions. You are responsible for preventing unauthorized disabling and enabling activity on your device relating to your Cash Bills. Such activity, when not authorized, may be deemed invalid in GANGSTA PAY INC. sole discretion.
6. Gangsta Pay Cash Bills Cancellation
If we determine that you are no longer eligible for a Gangsta Pay Cash Bills, we will let the issuing bank know and your Cash Bills may be canceled without notice.
We may suspend access to or cancel your Cash Bills at our sole discretion. We will inform the issuing bank if we determine that you are no longer eligible for your Cash Bills. If you are no longer eligible for your Cash Bills it may be canceled at any time without notice as detailed in the applicable Cash Bills Terms and your funds will be returned to you unless they are the subject of an investigation into suspected unlawful activity, or if GANGSTA PAY INC. is otherwise required by law to withhold your funds.
7. Disclaimer
We make no guarantees regarding your Cash Bills and we are not responsible if it gets stolen, lost, destroyed, or used without your permission.
Except as otherwise set forth herein or required by applicable law, GANGSTA PAY INC. is not responsible if your Cash Bills is lost, stolen, destroyed, or used without your permission.
8. Cash Bills Fees
You may be charged certain fees in connection with your use of the Cash Bills.
Fees related to use of your Cash Bills may be added or modified from time to time. Such fees may include:
ATM withdrawals (in and out of network): $2
Cash Bills redesign or upgrade: $5
Limited edition Cash Bills designs: fee disclosed when you order the Gangsta Pay Cash Bills
All Cash Bills fees will be deducted from the available balance in your Gangsta Pay Balance when the fee is assessed.
IX. Gangsta Pay Digital Currency Services
This section last updated April 12, 2022.
This section governs your use as an individual of the Digital Currency (as defined below) services offered through
GANGSTA PAY INC.
GANGSTA PAY
QR CODE CASH BILLS.
Value of digital currency can change quickly and dramatically, and can result in sudden and substantial losses including loss of the entire value of the digital currency. You should therefore carefully consider whether transacting or holding digital Currency is suitable for you in light of your financial condition.
1. Definitions
Defined terms will have the same meaning as those found in the Gangsta Pay Terms, unless otherwise re-defined herein. Capitalized terms in these Digital Currency Terms will have the following meanings:
“External Digital Currency Address” means any digital Currency address, wallet, or account that is maintained outside of the Services, and is not owned, controlled, or operated by GANGSTA PAY INC..
“Fiat Currency” means government-issued currency.
“Hosted Balance” means the Digital Currency you have purchased for or deposited in your Digital Currency Account (defined below) which you own and GANGSTA PAY INC. holds for your benefit as a specific deposit. As a specific depositor, you continue to own the Digital Currency in your Hosted Balance. GANGSTA PAY INC. only keeps possession of your Hosted Balance for your benefit as a specific depositor.
“Supported Network” means any blockchain network, second-layer protocol built on top of a blockchain network, or other Digital Currency network or protocol that we may make available to you in connection with some or all of the Digital Currency Services.
“Digital Currency” means currency that may be purchased, sold, saved and transferred using the Gangsta Pay App.
“Digital Currency Services” means other digital currency services available in Gangsta Pay App.
2. Gangsta Pay Digital Currency Account
a. Eligibility. To be able to access and use the Digital Currency Services, you must have a “Gangsta pay Digital Currency Account.” To register for a Digital Currency Account you must: (a) have an Account, (b) be an individual person, not an entity, using the Digital Currency Services for personal use, (c) be a resident of the United States, (d) be at least 18 years, and the age of majority in your State of residence, or older, (e) use the Digital Currency Services in the United States, and (f) have provided the information as discussed in the next section.
b. Identity Verification. In order to use the Digital Currency Services, you may be required to provide GANGSTA PAY INC. with certain personal information in addition to the Account Information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number), source of funds and employment information. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update GANGSTA PAY INC. if any information changes.
c. Availability. GANGSTA PAY INC. may not make all of the Digital Currency Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Digital Currency Services from certain states, territories, or jurisdictions (“Restricted Locations”). You must not attempt to use the Digital Currency Services if you are located in any of those Restricted Locations. You must not attempt to circumvent any restrictions imposed via the Digital Currency Services, such as by obscuring your IP address or submitting any inaccurate information regarding your location.
3. Purchasing Digital Currency
a. Funding. In order to complete a purchase transaction via the Digital Currency Services, you must first hold Fiat Currency in your Gangsta Pay Balance.
b. Authorization. When you submit a Digital Currency purchase order (a “Buy”) via the Digital Currency Services, you authorize us to execute a Digital Currency purchase transaction in the amount you instruct and debit your Gangsta Pay Balance in the total amount of the Buy transaction, including any applicable fees.
c. Buy Transaction. To initiate a Buy you will choose the amount of Digital Currency you wish to buy from GANGSTA PAY INC. using Fiat Currency from your Gangsta Pay Balance and tap “Buy”. You must have sufficient Fiat Currency in your Gangsta Pay Balance before submitting any “Buy” transaction. A “Buy” transaction is a sale from GANGSTA PAY INC. to you. Once complete, your Hosted Balance will reflect the amount of Digital Currency that you own. All right to and title in the Digital Currency bought will pass from GANGSTA PAY INC. to you. A Buy will not necessarily result in GANGSTA PAY INC. broadcasting any transaction to a Digital Currency network.
d. Auto-Invest and Recurring Buys. You may be able to set recurring Buy transactions to purchase Digital Currency in Gangsta PAY (a “Recurring Buy”) at periodic intervals of your choosing. If you set up a Recurring Buy, you authorize and instruct GANGSTA PAY INC. to debit Fiat Currency from your Gangsta Pay Balance or Eligible Bank Account (as applicable) in the amount you instruct for each Recurring Buy and on the periodic interval you instruct (e.g. daily, monthly, weekly). GANGSTA PAY INC. will execute each Recurring Buy in the amount and interval you instruct. Recurring Buys will be placed as market orders on the applicable day and will be executed at the then-effective Conversion Rate (defined below). Recurring Buys may not occur at the same time on each day of the periodic interval. You may not receive prior notification of Recurring Buys before they occur. GANGSTA PAY INC. may set minimum transaction requirements for Recurring Buys. If you do not have sufficient funds available for any Recurring Buy, we may make additional attempts to pull funds, wait to retry on the next scheduled Recurring Buy, or cancel the Recurring Buy altogether. You may cancel Recurring Buys at any time. Recurring Buys will continue until cancelled by you or Gangsta Pay. GANGSTA PAY INC. may cancel or modify any Recurring Buy for any reason in its sole discretion.
e. No Guarantee. GANGSTA PAY INC. does not guarantee the availability of “Buy” transactions, and the act of purchasing Digital Currency from GANGSTA PAY INC. does not result in a guarantee that you may purchase supported Digital Currency from GANGSTA PAY INC. at a later time.
f. Settlement. We will use commercially reasonable efforts to complete transactions within two days of the date upon which you have initiated a “Buy” transaction via the Digital Currency Services.
4. Transferring Digital Currency
a. Withdrawals. You may transfer Digital Currency, up to the total amount of Digital Currency from your Hosted Balance to an External Digital Currency Address, minus the fees detailed below (a “Digital Currency Withdrawal”). You are solely responsible for providing accurate instructions and directions for any Digital Currency Withdrawal, and we are not liable to you or any third party for any delay or loss incurred from a Digital Currency Withdrawal executed according to your instructions. You should verify the accuracy of the External Digital Currency Address prior to initiating a Digital Currency Withdrawal. Digital Currency Withdrawals may not be reversed or refunded once they have been initiated. We do not have control over any Supported Network for any Digital Currency Withdrawal and cannot guarantee that the Supported Network will confirm the transaction or execute it correctly.
b. Deposits. You may transfer Digital Currency from an External Digital Currency Address to your Hosted Balance, minus the fees detailed below and subject to the restrictions in these terms (a “Digital Currency Deposit”). Only supported Digital Currencies may be deposited with Gangsta Pay, and any Digital Currency Deposit you initiate must conform to the protocols of the receiving Digital Currency wallet. The person initiating a Digital Currency Deposit is solely responsible for executing the transaction correctly, including payment of any applicable network fees. We are not responsible for any erroneous or delayed Digital Currency Deposit for any reason, including erroneous instructions or address information. Digital Currency Deposits must be recognized by the required number of network confirmations, or otherwise authorized pursuant to network confirmation requirements, for the relevant Supported Network, and may be delayed before appearing in your Hosted Balance.
c. Transfer Limitations. We may, in our sole discretion, impose limitations or restrictions on the size, type, or manner of any transfer transactions, such as a limit on the total amount of Digital Currency that may be transferred.
d. Transfer Fees. We may charge fees for Digital Currency Deposits or Digital Currency Withdrawals, including fees imposed by the relevant Supported Network if applicable, which will be shown to you at or prior to your confirmation of the transaction.
e. Compatibility. Only supported Digital Currencies may be transferred to or from your Hosted Balance. We are not responsible for delay or loss associated with any attempted transfer transaction of unsupported Digital Currencies or of any Digital Currency transaction that is not made on a Supported Network or that is incompatible with the destination address.
f. Transfer Settlement Risk of Loss. Once a Digital Currency Withdrawal or Digital Currency Deposit is submitted to the Supported Network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient for the Supported Network to confirm the transaction, which can vary. A Digital Currency Withdrawal or Digital Currency Deposit is not complete while it is in a pending state. Pending Digital Currency Withdrawals that are initiated from your Hosted Balance will be in a pending transaction state, and the relevant value of the pending Digital Currency Withdrawal will not be available in your Hosted Balance. If your attempted Digital Currency Withdrawal over a Supported Network fails, the relevant Digital Currency amount will remain in your Hosted Balance. You bear the risk of loss of value once you have initiated a transfer transaction to or from your Hosted Balance in the event that the receipt of digital currency is delayed and the value of digital currency decreases during the period of delay. We are not responsible for delays or loss incurred as a result of any errors in the initiation of a transfer transaction and have no obligation to assist in the remediation of such transactions.
g. Third Parties. We are not responsible for any goods or services that you may receive from, or any action by, a third party with respect to any transfer of Digital Currency. We are not responsible for ensuring that a third party you transact with will complete the transaction or is authorized to do so. If you have a dispute with any third party with respect to any Digital Currency transfer you should resolve the dispute directly with that third party.
5. Selling Digital Currency
a. “Sell” Transaction. To initiate a “Sell” transaction, you will choose the amount of Digital Currency you wish to sell to GANGSTA PAY INC. from your Hosted Balance and tap “Sell”. In the event the “Sell” feature is available, GANGSTA PAY INC. will then purchase such amount of the Digital Currency from you and deposit the value of Digital Currency in your Gangsta Pay as Fiat Currency. The price you receive for any Digital Currency sold to GANGSTA PAY INC. may vary based on market factors, including the price and volume of the Digital Currency you are attempting to sell.
b. No Guarantee. GANGSTA PAY INC. does not guarantee the availability of “Sell” transactions, or your ability to sell Digital Currency held in your Hosted Balance. The act of selling Digital Currency to GANGSTA PAY INC. does create a guarantee that you may sell Digital Currency to GANGSTA PAY INC. at a later time.
6. Peer to Peer Members Transfers
Gangsta Pay may allow you to initiate peer-to-peer members transfers to other Gangsta Pay customers within the app (each transfer, a “P2P Membership Transaction”). P2P Members Transactions are “off-chain” transactions facilitated by GANGSTA PAY INC.. As such they are not broadcast to the Any network and will not be reflected on the public ledger. All transferred via P2P Members Transactions are custodied by GANGSTA PAY INC. P2P Membership Transactions may only be completed between Digital Currency Accounts; if you initiate a P2P Membership Transaction to a Gangsta Pay Account that is not an Digital Currency Account, the recipient must take the necessary steps to become an Digital Currency Account before the transaction will be completed. If the recipient fails to open a Digital Currency Account for any reason within the required period of time, the attempted P2P Membership Transaction will be voided and returned to your account. Once you accept a P2P Membership Transaction, any subsequent P2P Transaction to you will be automatically completed into your Hosted Balance.
We reserve the right to charge for or change the fees associated with P2P Membership Transactions at any time subject to these Digital Currency Terms. Any fees assessed will be reflected in app at or prior to your confirmation of the transaction.
We may impose transaction limits on P2P Transactions in our sole discretion. Fraudulent transactions may result in the loss of Digital Currency with no recourse. It is your responsibility to provide accurate instructions for any P2P Transactions, and GANGSTA PAY INC. is not responsible for any P2P Transactions facilitated based on inaccurate or incomplete instructions. P2P Transactions occur in denominations (i.e. “satoshis”). You may have the option to choose an estimated amount of a P2P Transaction denominated in dollars. Prior to sending any P2P Transaction you will be shown the amount of the transfer denominated in Cash; it is your responsibility to ensure that the transfer amount is correct. All estimated denominations of P2P Transactions in dollars are based on the then-effective Conversion Rate and are not a guarantee or promise of the amount of money that will be transferred. The value of money can fluctuate rapidly and GANGSTA PAY INC. does not guarantee the dollar value of any P2P Transaction. Members received via P2P Transaction may lose value, and recipients will not be reimbursed for such losses.
7. Fees
We may charge fees for Digital Currency transactions within Gangsta Pay App, including any purchase, sale, transfer, or transaction on any Supported Network. For any transaction you initiate, you agree to pay the fees shown to you at or prior to you confirming the transaction. We may change the fees at any time, with or without notice to you.
8. Conversion Rate
You may buy or sell Digital Currency through the Digital Currency Services. Any such buy or sell transaction is subject to the GANGSTA PAY INC. “Conversion Rate” for the given transaction. “Conversion Rate” means the price of Digital Currency in terms of Fiat Currency as displayed in the Gangsta Pay App once you have selected “Buy” or “Sell” and such Conversion Rate is the price in terms of Fiat Currency at which you may buy Digital Currency from or sell Digital Currency to GANGSTA PAY INC.. You acknowledge that GANGSTA PAY INC may add a margin or “spread” between the quoted mid market price displayed on the Digital Currency dashboard and the quoted buy or sell price and, as such, that the quoted buy price Conversion Rate may not be the same as the sell price Conversion Rate at any given time. You agree, as a condition of buying or selling Digital Currency through the Gangsta Pay App, to accept the Conversion Rate as the sole conversion metric. You have no obligation to accept the offered buy or sell price for Digital Currency in the Gangsta Pay App.
9. Risk Disclosure
GENERAL. DIGITAL CURRENCY VALUES CAN FLUCTUATE SUBSTANTIALLY WHICH MAY RESULT IN A TOTAL LOSS OF THE VALUE OF THE DIGITAL CURRENCY IN YOUR HOSTED BALANCE. THE SUPPLY OF DIGITAL CURRENCY AVAILABLE TO GANGSTA PAY INC. TO SELL TO YOU AND THE ABILITY OF GANGSTA PAY INC. TO PURCHASE OR TRANSFER YOUR DIGITAL CURRENCY DEPENDS ON THIRD PARTY PROVIDERS THAT ARE OUTSIDE OF GANGSTA PAY INC. CONTROL, THEREFORE, GANGSTA PAY INC. MAKES NO PROMISES AS TO TIMING OF DIGITAL CURRENCY PURCHASES, SALES, AND TRANSFERS. GANGSTA PAY INC. DOES NOT OWN OR CONTROL ANY OF THE SOFTWARE PROTOCOLS THAT ARE USED IN CONNECTION WITH THE DIGITAL CURRENCIES PURCHASED, SOLD, OR TRANSFERRED THROUGH THE DIGITAL CURRENCY SERVICES. ACCORDINGLY, GANGSTA PAY INC. DISCLAIMS ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY PRICE FLUCTUATIONS IN DIGITAL CURRENCY, AND MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY OR AVAILABILITY OF SUCH PROTOCOLS.
FORKS. BY USING THE DIGITAL CURRENCY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING PROTOCOLS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES (KNOWN AS “FORKS”), AND THAT SUCH FORKS MAY MATERIALLY AFFECT THE VALUE, FUNCTION, AND/OR EVEN THE NAME OF THE DIGITAL CURRENCY. IN THE EVENT OF A FORK, YOU AGREE THAT WE MAY TEMPORARILY SUSPEND OPERATIONS (WITH OR WITHOUT ADVANCE NOTICE TO YOU) AND THAT WE MAY, IN OUR SOLE DISCRETION, DECIDE WHETHER OR NOT TO SUPPORT (OR CEASE SUPPORTING) EITHER BRANCH OF THE FORKED PROTOCOL ENTIRELY. YOU ACKNOWLEDGE AND AGREE THAT GANGSTA PAY INC. ASSUMES ABSOLUTELY NO RESPONSIBILITY WHATSOEVER IN RESPECT OF AN UNSUPPORTED BRANCH OF A FORKED PROTOCOL.
SYSTEM FAILURE. YOU ACCEPT ALL RISKS ASSOCIATED WITH THE USE OF THE DIGITAL CURRENCY SERVICES TO CONDUCT DIGITAL CURRENCY TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE FAILURE OF HARDWARE, SOFTWARE, INTERNET CONNECTIONS, AND FAILURES RELATED TO ANY SUPPORTED NETWORK. THE NATURE OF DIGITAL CURRENCY MEANS THAT ANY TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY GANGSTA PAY INC. MAY PREVENT THE ACCESS OR USE OF YOUR DIGITAL CURRENCY.
Disruption Events. You agree that we are not liable for any price fluctuations in Digital Currency. In the event of material market events or other prevailing circumstances, we may do one or more of the following: (a) suspend access to the Digital Currency Services; or (b) prevent you from completing any actions via the Digital Currency Services. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when Digital Currency Services resume, you acknowledge that prevailing market rates, including the Conversion Rate, may differ significantly from the rates available prior to such event.
Limitation of Liability. Our responsibility is limited to the exercise of ordinary diligence in operating the Digital Currency Services and giving access to your Digital Currency and in preventing access to your Digital Currency by unauthorized persons. We are not responsible for any unauthorized access or loss or harm an unauthorized access may cause, unless caused only by our gross negligence or our willful misconduct. You will have no claim against us for loss of your Digital Currency unless you prove that the loss was not caused or contributed to by you.
Risks Inherent to Digital Currency. (a) Digital Currency transactions are irreversible, and, accordingly losses due to fraudulent or accidental transactions may not be recoverable and GANGSTA PAY INC. shall not be held liable for any fraudulent or accidental transactions, (b) Digital Currency is not legal tender and is not backed by a government or central bank. As such, there is no protection, such as deposit insurance, to cover any losses associated with Digital Currency, (c) legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange, and value of Digital Currency or the functionality or availability of any Supported Network, (d) each Supported Network is maintained by a vast, unidentified private computer network spread around the world, and choosing to participate in Digital Currency transactions on any Supported Network is at your own risk and based solely on your own understanding of the Digital Currency and Supported Network, (e) Digital Currency is a target for fraud and the potential for fraud is especially likely when you engage in transactions with External Digital Currency Addresses, (f) Digital Currency is a target for hackers and hacking can occur even when you use the strongest security settings and as such your Digital Currency may be irretrievably stolen, (g) your bank accounts are at increased risk of being hacked when linked to Digital Currency accounts, (h) some Digital Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you have initiated the transaction (i) the value of Digital Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Digital Currency, which may result in the potential for permanent and total loss of value of a particular Digital Currency should the market for that Digital Currency disappear, (j) there is no assurance that a person who accepts Digital Currency as payment today will continue to do so in the future, (k) the volatility and unpredictability of the price of Digital Currency relative to Fiat Currency may result in significant loss over a short period of time, and (l) any bond or trust account held by GANGSTA PAY INC. may not be sufficient to cover all losses incurred by our customers.
10. Transaction History
Transaction information will be reflected in your transaction history in the Gangsta Pay App. You agree that failure to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
11. Use of the Digital Currency Services
a. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any transaction, including any purchase, sale, or transfer request submitted via the Digital Currency Services, impose limits on the amount of Digital Currency you can purchase, sell, or transfer via the Digital Currency Services or impose any other conditions or restrictions upon your use of the Digital Currency Services, without prior notice. We may also make the purchase, sale, or transfer of Digital Currency in the Gangsta Pay App unavailable at any time, in our sole discretion. If the Digital Currency Services are unavailable, any purchase, sale, or transfer requests you may have submitted for such Digital Currency will be cancelled.
b. Cancellations. You may not cancel any purchase, sale or transfer requests via the Digital Currency Services. Once you have submitted a request, you may not change, withdraw, or cancel your authorization for us to complete such transaction.
c. Insufficient Funds. If you have insufficient funds in your Gangsta Pay App to purchase a requested amount of Digital Currency via the Digital Currency Services, you will not be able to complete the transaction.
d. Taxes. It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the Digital Currency Services and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that we are not responsible for determining whether taxes apply to the exchanges made under the Digital Currency Services. To the extent obligated by the relevant taxing authorities that we are required to deduct or withhold any amounts from payment, we will make the required payment net of such taxes. Any amounts so withheld will be treated as having been paid for all purposes of this agreement. You certify the information provided to GANGSTA PAY INC. is accurate and consent to GANGSTA PAY INC. using such information as is necessary to fulfill GANGSTA PAY INC. federal, state and local tax payment or withholding purposes and tax filing obligations.
e. Currency Availability. GANGSTA PAY INC. retains the right, in its sole discretion, to determine the types of Digital Currency that may be available through the Digital Currency Services, and may add or remove the availability of any Digital Currency from the Digital Currency Services at any time for any reason. GANGSTA PAY INC. will make reasonable efforts to notify you of the likely removal of a Digital Currency. If the market for a Digital Currency is closed on the Gangsta Pay App, you will have 30 days to transfer the amounts remaining in your Digital Currency Account associated with such Digital Currency to an External Digital Currency Address. Any Digital Currency that is no longer supported within the Gangsta Pay App, and is not withdrawn within 30 days, will not be discarded; however, you must reach out to Support to arrange withdrawal. GANGSTA PAY INC. will not be liable to you for any losses, liability or expenses related to the removal of a Digital Currency.
f. Independent Relationship. You agree that: (a) we are not acting as your broker, intermediary, agent, or advisor, or in any fiduciary capacity, and (b) no communication or information provided to you by us shall be considered or construed as advice.
12. Suspension; Termination; Discontinuance of Digital Currency Services
a. Suspension, Termination, Discontinuance of the Digital Currency Service. GANGSTA PAY INC. may, in our discretion, with or without prior notice to you, and at any time, limit, suspend, modify, discontinue, either temporarily or permanently, any portion of our Digital Currency Services, if we think it is necessary to do so to protect us, our users, including you, or our employees from danger or loss, if required by laws that apply or by court order to limit or refuse the Digital Currency Services. If we exercise our rights to limit or refuse your access to the Digital Currency Services, we will not be responsible for any consequences of our refusal to give you access to the Digital Currency Services, including any delay, damage or inconvenience you may suffer as a result.
b. Suspension, Termination, Discontinuance of your Digital Currency Account. Without limiting other provisions in these Gangsta Pay Terms, we may suspend or terminate your Digital Currency Account or your access to any of the Digital Currency Services at any time in our sole discretion.
c. Suspension, Termination, Reversal of Transactions. We may suspend, refuse, freeze, decline, delay, redirect or reverse any transaction request, including purchase, sale, or transfer requests, for any reason, even after funds or Digital Currency has been credited to your Digital Currency Account, including for suspected fraud or illegal activity, in response to a subpoena, court order, or other government order, or if we believe that the transaction is erroneous.
d. Access to Digital Currency upon Termination. You will be permitted to transfer your Digital Currency or USD funds held in your Digital Currency Account for ninety (90) days after your access to the Digital Currency Services have been deactivated or cancelled, unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order.
13. Digital Currency Gifting
Gangsta Pay may permit you to send or receive a Digital Currency-denominated gift to or from other Gangsta Pay users, respectively, or to receive such a gift from us as part of a promotional marketing interaction (each, a “Digital Currency Gift”). When initiating a Digital Currency Gift transaction, the sender does not, in fact, transfer Digital Currency to the recipient. Rather, the sender of a Digital Currency Gift is sending Fiat Currency to the recipient via Gangsta Pay Peer-to-Peer Service, using the Gangsta Pay Balance held by the sender, and Gangsta Pay will prompt the recipient of a Digital Currency Gift to complete a Buy order to purchase Digital Currency with the Fiat Currency received from the sender.
The recipient of a Digital Currency Gift has no obligation to purchase Digital Currency with the Fiat Currency received. If the recipient chooses not to complete a Buy order upon receipt of the Digital Current Gift, or if the recipient fails to complete a Buy order within 21 days of receiving a Digital Currency Gift, then (i) in the case of a Digital Currency Gift received from another Gangsta Pay user, the gifted funds will be deposited as Fiat Currency into the recipient’s Gangsta Pay Balance, and (ii) in the case of a Digital Currency Gift received from us as part of a promotional marketing interaction, the gifted funds will be returned to us. The recipient is solely responsible for submitting a Buy order to acquire Digital Currency using the Fiat Currency received via the Digital Currency Gift, and such Buy order is entirely at the direction and instruction of the recipient.
You acknowledge and agree that the value of Digital Currency at the time a sender initiates a Digital Currency Gift may be higher or lower, relative to Fiat Currency, than the value of Digital Currency at the time a recipient of a Digital Currency Gift chooses to accept such gift and place a Digital Currency Buy order. Moreover, Digital Currency purchased by the recipient, as a result of a Digital Currency Gift, may lose value, and any lost value will not be reimbursed or replaced by us. Purchasing is a risky activity and may involve loss. Please carefully review the Digital Currency risk disclosures before placing any Custom Order. Following the receipt of a Digital Currency Gift and the placement of a subsequent Buy order of Digital Currency, a recipient will have to sell its Digital Currency in order to receive any Fiat Currency. Selling Digital Currency may have tax implications, and we will not provide any reimbursement or compensation for the tax consequences of selling Digital Currency. If you have questions about your particular tax situation, you should consult a tax advisor
1. Gifting
Gangsta Pay may permit you to send a “Gift” to another person (the “Recipient”). When you send a Gift , you are sending an amount of Fiat Currency that the Recipient may use to initiate a self-directed purchase of the Gift you identified in the Gift. The Recipient may decline to make a self-directed purchase of the and instead accept the Gift as cash.
To receive a Gift, the Recipient must have a Gangsta Pay accounts
XI. Cash for Business
1. Transaction Processing for Sellers of Goods or Services
If you are a seller of goods or services, we will process your transactions as an agent on your behalf. We will charge you a fee, depositing the balance of payments from your customers into your Gangsta Pay balance. You allow us to void transactions if we believe that a chargeback for the transactions will occur.
If you are a seller of goods or services, your profile will be marked with an official insignia or will otherwise be designated as having a “Cash for Business Account.” You must have an Unrestricted Account to be a Cash for Business Seller. If you have a Cash for Business Account, you are also subject to the Cash for Business Payment Terms.
In connection with your Cash for Business Account, you authorize us to act as your agent for the purposes of holding, receiving, and disbursing funds on your behalf. Once you have a Cash for Business Account you will be able to accept payments from Gangsta Pay customers for the sale of goods and services, and we may charge you a fee for doing so. This fee will be disclosed to you when you sign up for your Cash for Business Account. Payments you receive, less the applicable fee, will be deposited to your Gangsta Pay Balance. To protect the integrity of the system and reduce risk that a transaction may be reversed on (or charged back to) your Cash for Business Account, in some cases where we reasonably believe a transaction is likely to be reversed (or charged back), you also direct and authorize us, as your agent, to void the transaction.
2. Purchases from Cash for Business Sellers
You may use your account or a linked card to purchase goods and services from Cash for Business sellers. By initiating a payment to a Cash for Business seller, you agree to let that seller debit your account or linked card to complete the transaction. You can use your Gangsta Pay Balance to purchase goods and services from Cash for Business sellers only after we have verified your identity.
As a Gangsta Pay customer, you may purchase goods and services from merchants who use Cash for Business (Cash for Business Sellers) or to make donations to charities or political campaigns who use Cash for Business. Note that you can fund these purchases from your Gangsta Pay Balance only if we have verified your identity as described above. If we have not yet verified your identity, then you will not be able to use your Gangsta Pay Balance to purchase goods or services from Cash for Business Sellers or to make donations to charities or political campaigns who use Cash for Business. You may only use other authorized linked accounts for such transactions.
Typically Cash for Business Sellers will be identified to you by a badge in the Gangsta Pay App. By initiating a payment transaction to a Cash for Business Seller, you authorize the Cash for Business Seller to charge your applicable Eligible Transaction Account or Eligible Credit Account to complete the purchase or donation and you consent to sharing information from your Account with the Cash for Business Seller. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with any purchase you made through Cash for Business, you also authorize a credit to the applicable Eligible Transaction Account or Eligible Credit Account to accomplish that transaction. Purchases from Cash for Business Sellers using your Eligible Credit Account or Eligible Bank Account will be processed by GANGSTA PAY INC. as an agent for Cash for Business Sellers in accordance with these Gangsta Pay Terms.
XII. Transaction Information and Disputes
1. Receipts and Account Statements
You can find your transaction receipts and account statements in your Gangsta Pay account.
Transaction receipts can be found in the activity section of your Gangsta Pay App and by logging into your Account at Gangsta Pay.app.
You have the right to receive an Account statement. You may view your Account statement by logging into your Account at Gangsta Pay.app.
You may obtain information about the amount of money you have remaining in your Account and can view your 12-month and 24-month history of Account transactions in the App or at (www.gangstapay.com
2. Error and Dispute Resolution
Contact us if you see any errors or issues with your account. Our contact info is below, along with a description of the process and timeline for us to look into your issue. We’ll need some basic information from you to begin our investigation.
If you believe there are errors on your Account, or you have questions about your Account, you can:
a. Contact us through your Account in the app:
Open your profile and tap Support
Tap Something Else
Tap Cash Bills
Tap Dispute a Purchase and follow the prompts to Contact Support. Once you’ve contacted support, we’ll send you a form to initiate an investigation.
b. Call us at 1-646-335-7923. Please note (1) this is the only phone number customers can call for Gangsta Pay support, and (2) a Gangsta Pay representative will never ask you for your password, PIN, social security number or full debit card number.
c. Write us at GANGSTA PAY, INC.., Attn: Cash Disputes, 8067 Valentine Ave Bronx New York 10457.
Please contact us as soon as you can if you think an error has occurred on your Account. You can report an error up to 60 days after the date we sent you the first statement on which you believe the error occurred.
In order for us to investigate your claim, you will need to provide:
Your name and Account information (including Name, email and/or phone number);
Why you believe there is an error,
The dollar amount involved; and
Approximately when the error took place.
If you contact us by telephone, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time however, we may take up to 45 days to investigate your complaint or question. If we decide such a step is necessary we will credit your Account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may, at our discretion, not credit your Account.
For errors involving new Accounts, as well as point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is an error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, call us at 1-646-335-7923, please note (1) this is the only phone number customers can call for Gangsta Pay support, and (2) a Gangsta Pay App representative will never ask you for your password, PIN, social security number or full debit card number.
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
3. Your Liability for Unauthorized Transactions
Contact us as soon as possible if you think there has been unauthorized activity on your account. You could lose all the money in your Account.
Tell us AT ONCE if you believe your Cash Bills (including your Mobile numbers) has been lost or stolen, or if an electronic fund transfer has been made by logging in to your Account without your permission (an “Unauthorized Transaction”).
You may contact us through the Support tab of Gangsta Pay App as described in the Error and Dispute Resolution section above, by calling 1-646-335-7923, or by writing to us at GANGSTA PAY INC,
Attn: Cash Disputes, 8067 VALENTINE AVE BRONX NEW YORK 10457.
If you tell us within 2 business days (Monday through Friday, holidays not included) after you learn of an Unauthorized Transaction, you can lose no more than $50. If you do NOT tell us within 2 business days after you learn of an Unauthorized Transaction, and we can prove we could have stopped someone from making an Unauthorized Transaction if you had told us, you could lose as much as $500. If your statement shows transfers that you did not make, including those made by QR, code or other means, you must also tell us at once. If you do not tell us within 60 days of the date we sent you the first statement on which the Unauthorized Transaction appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you have a Cash for Business Account, you may be liable for all Unauthorized Transactions, regardless of when you report the activity to us.
The following are NOT considered Unauthorized Transactions:
If you give someone access to your Account (e.g. by giving them your login information) and they use your Account without your knowledge or permission, unless you have notified us that transfers by that person are no longer authorized;
If you, or someone else with whom you are acting in concert, act with fraudulent intent; or
You reverse engineer or chargeback a transaction made with your Cash Bills.
A misdirected payment, such as a payment that is sent to the wrong person, is an authorized payment, and will not be considered an Unauthorized Transaction.
4. Our Liability
When we will cover your losses for certain incomplete or incorrect transactions, detailed here.
If we do not complete a transaction to or from your Account on time or in the correct amount in accordance with these Gangsta Pay Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you have insufficient funds in your Account, Eligible Transaction Account or Eligible Credit Account to complete the transaction;
If your funds are subject to legal process or other encumbrance that restricts transfers;
If the ATM where you are making the Transaction or using your Cash Bills does not have enough cash;
If the Gangsta Pay App was not working properly and you knew about the breakdown when you started the transaction;
If circumstances beyond our control prevent the transaction, despite reasonable precautions that we have taken.
5. Disputes with your Funding Source
When you contest a transaction with your external funding source (such as the bank that issued your linked debit card), your rights when requesting reimbursement for a completed transaction are determined by the funding source used to fund the applicable transaction.
Each of your external funding sources may provide you with different rights and resolution procedures for resolving disputes. Please consult the terms and conditions of your funding source to better understand your rights and their resolution procedures. All inquiries about a third party dispute should be directed to the external funding source.
XIII. OTHER LEGAL TERMS
1. Recovery of Funds
You give us permission to recover amounts you owe by debiting funds available in your Gangsta Pay account or any other account you may have with GANGSTA PAY INC.. This may involve us making attempts to recover less than the full amount you owe to us. We might contact you or take other legal actions to collect amounts due.
You authorize GANGSTA PAY INC. to recover funds from you in accordance with these Service Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity.
You authorize GANGSTA PAY INC. to debit, charge, setoff against and otherwise recover funds from your Account, your Gangsta Pay Balance, any Eligible Bank Account or Eligible Credit Account, any connected GANGSTA PAY INC. Account, any Balance (as defined in the Payment Terms) or any Reserve (as defined in the Payment Terms) if applicable, and any payment instrument, linked bank, depository and other account registered in your Account. Your authorization will remain in full force and effect until the later of closure or termination of your Account, or the disbursement of all funds held on your behalf.
Further, in the event that any attempt to recover funds from you should fail, your authorizations hereunder include your grant to GANGSTA PAY INC. of new, original authorizations to recover all or less than all of the amount you owe us or belong to us. You authorize GANGSTA PAY INC. to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these Cash Terms, the Payment Terms, the General Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the Network Rules and the NACHA Rules (as defined in the Payment Terms). You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms.
If GANGSTA PAY INC. is unable to recover the funds by these means, GANGSTA PAY INC. may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.
We may also recover funds from your Account in connection with a disputed transaction. For example:
If a Gangsta Pay customer that sent you money disputes the payment and requests reimbursement for a payment you previously received, GANGSTA PAY INC. may recover the amount disputed or owed from your Gangsta Pay balance.
If you initiate a transaction dispute with an external funding source and win that dispute, we may recover the funds from your Account.
If there aren’t sufficient funds in your Account to cover the disputed amount, you understand that GANGSTA PAY INC. recovery of these funds may cause your account to become negative.
GANGSTA PAY INC. is not liable for funds that we recover from your Gangsta Pay balance to cover: a negative balance on your linked GANGSTA PAY INC. account(s); the amount owed to GANGSTA PAY INC. under its terms of service; or a pending dispute or chargeback; or to protect against financial risk as outlined in these terms.
2. Compliance with Governmental Authorities
GANGSTA PAY INC. may freeze, withhold, or remit funds in your Account in response to a facially valid subpoena, court order, search warrant, noti…
GANGSTA PAY
WEBSITE & MEMBERSHIP TERMS AND CONDITIONS
Last updated April 29, 2022
TABLE OF CONTENTS
- Agreement to terms
- Intellectual property rights
- User representations
- User registration
- Fees and payment
- Free trial
- Cancellation
- Software
- Prohibited activities
- User generated contributions
- Contribution license
- Guidelines for reviews
- Mobile application license
- Social media
- Submissions
- Third-party websites and content
- Advertisers
- U.s. Government rights
- Site management
- Copyright infringements
- Term and termination
- Modifications and interruptions
- Governing law
- Dispute resolution
- Corrections
- Disclaimer
- Limitations of liability
- Indemnification
- User data
- Electronic communications, transactions, and signatures
- California users and residents
- Miscellaneous
- Contact us
1. AGREEMENT TO TERMS These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and HALFCASH SOLUTION INC./ GANGSTA PAY., doing business as GANGSTA PAY. (“GANGSTA PAY.”, “we”, “us”, or “our”), concerning your access to and use of the http://www.gangstapay.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in New York, United States and have our registered office at 2067 Valentine Ave, BRONX, NY 10457. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
__________
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. FEES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– Discover
– PayPal
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
6. FREE TRIAL
We offer a 30-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.
7. CANCELLATION
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at gangstapay@gmail.com or call us at 646-335-7923.
8. SOFTWARE
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.
9. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Site to advertise or offer to sell goods and services.
10. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
11. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
12. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
13. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
14. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
15. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
16. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
17. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
18. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.
19. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
20. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
21. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
22. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
23. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
24. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in BRONX New York City, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in BRONX New York City, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
25. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
26. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
27. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
28. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
29. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
31. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
32. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
GANGSTA PAY MOBILE QR CODE CASH BILLS, Is ONLY USED BY, GANGSTA PAY ACCOUNT MEMBERS .. WITH The GANGSTA PAY MOBILE BANKING WALLET..
33. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
HALFCASH SOLUTION INC./ GANGSTA PAY.
2067 Valentine Ave
BRONX, NY 10457
United States
Phone: 646-335-7923
Fax: 646-335-7923
gangstapay@gmail.com