We do not sell or rent your personal information to third parties for their marketing purposes under any circumstances.
Notification of Changes
A Special Note about Minors
Minors are not eligible to use our service and we ask that minors (persons under the age of 18) do not register.
When you use the Reverse Tips Services you understand that Reverse Tips only acts as a facilitator of the transaction between buyer and seller which has enhanced the code of Dwolla.com's cash transfer service to allow for sellers (receivers) to rebate to buyers (payers) a percentage of the cash transferred. Sellers ( receivers) will decide how much they wish to rebate back to buyers (payers).
Our Use of “Cookies”
“Cookies” are small files of data that reside on your computer and allow us to recognize you as a Reverse Tips Subscriber if you return to our website using the same computer and browser. We send a “session cookie” to your computer if and when you log in to your Reverse Tips account by entering your Reverse Tips Number and password or otherwise use the Reverse Tips Services. These cookies allow us to recognize you if you visit multiple pages on our site during the same session, so that you don’t need to re-enter your password multiple times.
Our Use and Disclosure of Information
ReverseTips program collects and stores general businesses contact information on servers located only in the United States and operated by Tips Marketing Services, Corp.. No high security personal information for consumers such as social security numbers or credit cards is needed.
Our Contact with Reverse Tips Business Customers
We communicate with our business and consumers via email to provide requested services.
This is an important document which you must consider carefully when choosing whether to use any of the Reverse Tips Services. If you do not agree to be bound by the terms and conditions of this Agreement; we ask that you do not use or access any of our Services.
This Reverse Tips Services User Agreement (“Agreement”) is a contract between you and Reverse Tips owned by Tips Marketing Services, Corp.. (hereinafter “Reverse Tips”) and applies to your use of any and all the Reverse Tips Services, as defined herein. You must read, agree with and accept all of the terms and conditions contained in this Agreement.
This Agreement is effective as of the date you choose to use Reverse Tips service. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change (defined below), we will provide you with 30 Days' prior notice of any Substantial Change by posting notice on our website and emailing you.
“Tips Marketing Services, Corp.” is the entity that provides the Reverse Tips Services described in this Agreement and is often referred to as “Reverse Tips” in this Agreement.
“Reverse Tips Services” means all our products and services and any other features, technologies and/or functionalities offered by Reverse Tips on our website or through any other means.
“Reverse Tips Subscriber” or “You” means any person or entity using the Reverse Tips Services under the terms of this Agreement.
“Money Services Business” or “MSB” is defined by the United States Department of Treasury (FinCEN) as a business with capacities as (1) an issuer, seller or redeemer of money orders: (2) an issuer, seller or redeemer of traveler’s checks; (3) a money transmitter; (4) a check cashier; (5) a dealer in foreign exchange (i.e. currency exchange or currency dealing); and/or (6) a provider or seller of prepaid access. A business that meets one or more of the definitions of a type of MSB (as currently defined) is an MSB and must comply with BSA requirements applicable to it as an MSB, as a financial institution and as a specific type of MSB.
“Seller” and “Merchant” are used interchangeably and mean a Reverse Tips Subscriber who is selling goods and/or services and using the Reverse Tips Services to receive payment.
“Send Money” means your ability to send money though Dwolla with the cash back enhancement made to the Reverse Tips Services including payments for the purchase of goods or services or as a Personal Payment.
“Substantial Change” means a change to the terms of this Agreement that reduces your rights or increases your responsibilities and such changes will be deemed as substantial only by Reverse Tips. Any changes in ReverseTips fee is substantial.
Reverse Tips may close, suspend, or limit your access to your Reverse Tips Services, and/or stop providing consumers cash rebate funds if you violate this Agreement.
Your acceptance of this Agreement constitutes a legal and binding contract between Reverse Tips and you and does not extend to any other person or entity.
What is Reverse Tips's Function?
Reverse Tips technology modifies Dwolla’s cash transfer system enabling sellers to cash rebate to buyers.
Reverse Tips is not a money services business (MSB), or a credit or debt collection agency. Rather, Reverse Tips operates through a contractual relationship to modify and facilitate Dwolla cash transfers between buyers and sellers.
Reverse Tips does not have control of, or liability for, the products or services that are paid for with the Dwolla enhanced Reverse Tips Services. All product or service disputes involving refunds are subject to the terms and conditions of the seller's or service provider's refund policy. Buyers waive all rights to initiate refunds of cash transferred to sellers when using ReverseTips. If the seller wishes to refund cash to buyer it is at the seller's sole decision and if the sellers decides to refund buyer it is agreed that the Reverse Tips fee is not recoverable.
Agency Relationship; Dual Agency
As a Reverse Tips buyer you may wish to buy a product or service offered by another Reverse Tips seller using Reverse Tips service. You acknowledge that (i) Reverse Tips is not a bank and the Service is an advertising technology service modification to Dwolla.com rather than a banking service, and (ii) Reverse Tips is not acting as a trustee, fiduciary or escrow with respect to your funds.
You are not required to carry a balance use the Reverse Tips Service.
The terms and phrases “Reverse Tips” “Tips Marketing Services, Corp.” and all logos related to all the Reverse Tips Services are either trademarks or registered trademarks of Tips Marketing Services, Corp.. You may not copy, imitate or use them without Tips Marketing Services, Corp.’s prior written consent. All right, title and interest in and to any of Tips Marketing Services, Corp.’s and Reverse Tips website, any content thereon, the Reverse Tips Services, the technology related to the Reverse Tips Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Tips Marketing Services, Corp..
You may not transfer or assign any rights or obligations you have under this Agreement without Tips Marketing Services, Corp.’s prior written consent. Tips Marketing Services, Corp. reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Password Security; Keeping Email and Address Current
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Reverse Tips Services.
You agree that Reverse Tips may provide you communications about your Account and the Reverse Tips Services electronically via email.
To be eligible to use the Reverse Tips Services, you must be at least 18 years old and a resident of the United States. This Agreement applies only to Reverse Tips Subscribers who are residents of the United States.
Third Party Permissions
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Account, either through your use of the third party’s product or service or through your Account Profile, you acknowledge that Reverse Tips may disclose the information about your Account that is specifically authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Reverse Tips responsible for, and will indemnify Reverse Tips from, any liability arising from the actions or in actions of this third party in connection with the permissions you grant.
3.1 Buyer receives 78% of the cash rebate that the seller send to the buyer and therefore Reverse Tips is entitled to keep 22% of the Reverse Tip (cash sent back from the seller to the buyer). The buyer decides if they wish to keep their share of the cash or have Reverse Tips transfer that cash to another entity in expectation of receiving additional value.
Payment Limits; Payment Method Limitations
Buyer (Payer) Payments made using the Dwolla.com cash transfer system with the Reverse Tips cash rebate enhancement are treated as a cash payment between buyer and seller. Once you have provided your authorization for the payment, you will not be able to cancel the electronic transfer and any disputes between you and the receiving (seller) Subscriber are to be treated as if you made a direct cash payment to the receiving ( seller) party. No refunds unless Sellers decides there is to be a refund. If the seller decides that there is to be a refund the buyer and seller agree that Reverse Tips fee is never returned.
You further agree that Reverse Tips will not be responsible to manage and or settle any disputes arising between buyer and seller when paying for any goods or services that are purchase online, by phone or in a retail environment, etc. Buyers and sellers agree that you will not hold Reverse Tips liable for any damages resulting from payments you made through the Reverse Tips Services.
Refused and Refunded Transactions
If buyer makes a payment and the recipient refuses to accept it as payment for products or services, it is agreed that you will not hold Reverse Tips liable for any damages resulting from a recipient’s decision not to accept a payment made through the Reverse Tips Services.
Accuracy of Information
You are responsible for confirming the accuracy of the information you provide about each payment you send.
Risk of Reversals, Chargebacks and Claims
When you are sent a payment, you are immediately liable to Reverse Tips for Reverse Tips fee. No returning of Reverse Tips if you decide to refund buyer (payer). No Surcharges
Seller agrees with buyer that there will not be a surcharge or any other fee when utilizing Reverse Tips platform than the handling fee sellers normally charge for non-Reverse Tips transactions.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Reverse Tips is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
You may close your Account Profile.
Limitations on Closing Your Account
You may not close your Account to evade an investigation.
Reverse Tips Fees are deducted from cash rebated from seller to buyer.
In connection with your use of your Reverse Tips Services you shall not:
- Breach this Agreement, or any other agreement or policy that you have agreed to with Reverse Tips;
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- Infringe Reverse Tips’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Sell counterfeit goods;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send or receive fraudulent funds;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Reverse Tips Services;
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
- For activities that relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) pornography or certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) ,certain weapons or knives regulated under applicable law.
- For activities that relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, off-shore banking or transactions to finance or refinance debts funded by a credit card, or (d) involve currency exchanges or check cashing businesses.
- For activities that involve illegal gambling and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate illegal gambling.
- For any of the following:
- Unsolicited advertising via email and/or “Spamming” is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Reverse Tips reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
- Mass mailings, scripts that send out mass mailings or any other kind of high-volume mailing activities are not allowed on our servers. Purchasing lists of email addresses from third parties for mailing to from any merchant participating on the Reverse Tips network, or referencing Reverse Tips, is prohibited.
- Unauthorized attempts to gain access to any account or computer resource not authorized (e.g., “cracking”).
- Obtaining or attempting to obtain service by any means or device with intent to defraud or avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Reverse Tips Subscribers or end-users by any means or device.
- Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Reverse Tips website or on another provider’s network.
- Any attempt to interfere with the use of Reverse Tips Services or any of its network or servers by other Reverse Tips Subscribers or authorized users.
You are responsible for all Claims, fees, fines, penalties and other liability incurred by Reverse Tips, a Reverse Tips Subscriber, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Reverse Tips Services. You agree to reimburse Reverse Tips, a Reverse Tips Subscriber, or a third party for any and all such liability.
Reimbursement for Your Liability
In the event that you are liable for any amounts owed to Reverse Tips, Reverse Tips may engage in collection efforts to recover such amounts from you.
Actions by Reverse Tips â€“ Restricted Activities
If Reverse Tips, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect Reverse Tips, other Reverse Tips Subscribers, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- We may close, suspend, or limit your access to your Account or the Reverse Tips Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information).
- We may refuse to provide the Reverse Tips Services to you in the future;
- We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
Actions by Reverse Tips â€“ Account Closure, Termination of Service, Limited Account Access; Confidential Criteria
If Reverse Tips closes your Account or terminates your use of the Reverse Tips Services for any reason, we will provide you with notice of our actions.
DISPUTES WITH REVERSE TIPS
Contact Reverse Tips First
If a dispute arises between you and Reverse Tips, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Reverse Tips regarding the Reverse Tips Services may be reported to Customer Service with an email to firstname.lastname@example.org at any time.
All claims (excluding claims for injunctive or other equitable relief) will be resolved through binding non-appearance-based arbitration. The initiating party will bring such arbitration through the American Arbitration Association (AAA) or another established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. In any such arbitration: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In all other respects, the AAA Rules for Commercial Disputes apply.
Law and Forum
Except as otherwise agreed in writing by the parties, you agree that any claim or dispute you may have against Reverse Tips must be resolved in Essex County, Newark, NJ. You agree to submit to the personal jurisdiction of the arbitration proceedings and/or courts located within Newark, NJ for the purpose of arbitrating and/or litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of NJ, without regard to conflict of law provisions.
Improperly filed litigation
All claims you bring against Reverse Tips must be resolved in accordance with Section 12 of this Agreement. All claims filed or brought contrary to Section 12 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 12, Reverse Tips may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $2,500.00 USD, provided that Reverse Tips has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Reverse Tips will be entitled to recover all reasonable costs or expenses (including reasonable attorneys‘ fees and expenses) incurred in connection with the enforcement of this Agreement.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You agree to defend, indemnify and hold Reverse Tips, its parent, the officers, directors, agents, joint ventures, employees and suppliers of Reverse Tips or its Parent, harmless from any claim or demand (including attorneys‘ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Reverse Tips Services.
Release of Reverse Tips
If you have a dispute with one or more Reverse Tips Subscribers, you release Reverse Tips (and our parent, officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive any legal right to claim that the release does not extend to claims which you do not know or suspect to exist in your favor at the time of entering into this Agreement, including this release, which if not known by you must have materially affected your decision to enter into this Agreement and release with Reverse Tips.
Limitation of Liability
IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF REVERSE TIPS OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE REVERSE TIPS SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
THE REVERSE TIPS SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. REVERSE TIPS, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF REVERSE TIPS OR OUR PARENT SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Reverse Tips does not have any control over the products or services that are paid for with the Reverse Tips Services and Reverse Tips cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Reverse Tips does not guarantee continuous, uninterrupted or secure access to any part of the Reverse Tips Services, and operation of our site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement, along with any applicable policies and agreements posted on the Reverse Tips website, sets forth the entire understanding between you and Reverse Tips with respect to the Reverse Tips Services and by their nature will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
The parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. Use of Reverse Tips Services by you, shall constitute executing of this Agreement and acceptance by you of the forgoing.
Within your own user policy you must also clearly note "this application is not directly supported by Dwolla Corp.. Dwolla Corp.. makes no claims about this application. This application is not endorsed or certified by Dwolla Corp.".
Dwolla User Agreement
Welcome to Dwolla. We developed Dwolla, a payment software, to make it easy for you to send and receive money online without all the fees of traditional systems. Although we would love to have a one page terms of service that was comprised of easy to read bullet points, unfortunately the realities of the legal world make that nearly impossible. So, please bear with us through all the legalities of this agreement- although we couldn't keep it to one page it is important you read and understand our service.
Terms and Conditions of Service
This User Agreement (“Agreement”) may be modified by Dwolla at any time, for any reason, without prior notice. Please read the Agreement carefully, as it may have changed since Your last visit.
THIS IS AN IMPORTANT DOCUMENT, WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO USE DWOLLA. PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, ACCESSING AND USING THE DWOLLA SYSTEM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE DWOLLA SYSTEM.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
The following capitalized terms shall have the indicated meanings:
- “Dwolla, Inc.,” or “Dwolla” or “Us” or “We” or “Our” refers to Dwolla, Inc., a company incorporated in Delaware that provides funds management software for Dwolla Users.
- “Dwolla System” or “Dwolla Software Platform” means software owned by Dwolla; provided to Dwolla Users by Dwolla; or used by Dwolla in the provision of its services.
- “Dwolla User,” “User,” “You,” or “Your” means a natural person, corporation, or other entity that has established a User Account on the Dwolla System .
- “Partners” means natural persons or entities that Dwolla does business with in order to bring the Dwolla System to the marketplace.
- “Veridian Credit Union” (“Veridian”) is an Iowa-chartered, federally insured credit union headquartered in Waterloo, Iowa.
- “Veridian Holding Account” is a pooled holding account at Veridian Credit Union that holds all the Dwolla Users funds.
- “User Account” is the online account with Dwolla on the Dwolla System associated with a Dwolla User.
- “Financial Institution” means any federally or state chartered bank, thrift, or credit union.
Dwolla provides a software platform that allows you as an individual, non-profit, or business to send and receive money.
You understand and agree to these important features of Your relationship with Dwolla as a Dwolla User: (1) Dwolla provides funds management software for Dwolla Users; (2) Dwolla does not receive, hold, or transmit User funds; Dwolla only maintains and manages information associated with User ownership of the funds; (3) Veridian is the entity that provides money transmission services upon instructions issued through the Dwolla software platform; and (4) Funds in the Veridian Holding Account are held in a pooled account. THESE FUNDS ARE NOT ELIGIBLE FOR INDIVIDUAL INSURANCE, AND MAY NOT BE ELIGIBLE FOR SHARE INSURANCE BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND.
Dwolla may only be used in connection with United States Financial Institutions: User funds must originate at a United States Financial Institution, and Dwolla will only instruct Veridian to transfer funds to a United States Financial Institution associated with the appropriate Dwolla User.
Dwolla acts on Your behalf by maintaining records related to Your User Account and by sending information and instructions associated with Your User Account to Veridian. You understand and agree that: (1) You are responsible for the accuracy and validity of all information provided to Dwolla or Veridian; (2) Your failure to provide accurate and valid information may result in actions taken against Your User Account by Dwolla, actions taken by Veridian with respect to the funds in the Veridian Holding Account, or other penalties or actions as detailed in this Agreement; and (3) Dwolla is not responsible for incorrect or invalid information provided to Veridian by You through the Dwolla System.
You understand and agree that you will not engage in the following activities:
- Use the Dwolla System without written consent to operate or engage in any business regulated by FinCen, including the money service business;
- Act as a marketplace and/or exchange for virtual currency products without prior written consent;
- Use the Dwolla System in association with or for payment of illegal goods or service, including, but not limited to, illegal substances, illegal online gambling/ wagering, pyramid schemes, or any type of money laundering;
- Attempt to falsify Your identity, such as by providing false account information or false documents; or
- Defraud Dwolla, Veridian, or other Dwolla Users in any way.
You understand and agree:
- You will provide information requested to determine your identity, including but not limited to the following: a valid U.S. address, phone number, Financial Institution account information, photo identification, and/or tax identification or social security number.
- You authorize Dwolla, directly or through Veridian or third parties, to make inquiries it considers necessary to validate Your identity, such as requesting additional information to validate Your Financial Institution account ownership, identity, and transaction authorization. This information is requested to protect Dwolla Users.
The Guest agrees to and accepts the terms and conditions of each of the paragraphs below.
- The guest represents that he/she has read and agrees to all of the terms of this Agreement. The Guest warrants and represents that he/she (i) is over 18 years of age, (ii) is using a valid US bank account, and (iii) is authorized to use the bank account.
- In order to use Dwolla guest Services, you must be directed to a guest payment screen by your receiver (an established Dwolla customer).
- The Guest authorizes Dwolla to perform debits and credits to/from the Guests bank account.
- The receiver authorizes Dwolla to perform debits/credits to their Dwolla account.
- The guest and receiver authorize Dwolla to resolve any disputes.
- You understand that (i) Dwolla is not a bank and the service is being provided on behalf of the receiver (and established Dwolla customers) as an electronic funds transfer processing service rather than a bank service. You also understand that we are not acting as a fiduciary, trustee, money transmitter, or providing any type of escrow service with respect to your funds, but only acting as the receiver's agent.
- To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your transaction and/or your use of the Service, may be provided to you electronically and you agree to receive all such information from Dwolla in electronic form. Information may be posted on the pages within the Dwolla website in electronic form.
- All information in either electronic or paper form will be considered received by you no later than forty-eight (48) hours after posting or delivery.
Rights and Requirements to Use the Dwolla Guest Checkout Service
For the Sender:
You must give us the requested information that is current, true, accurate and complete. You are not permitted to use this Service on behalf of another party or use an unauthorized name. If we find or determine that any of the information you provide is outdated, false, inaccurate, or incomplete, we may terminate your use of the Service immediately and for all future use. This action on our part does not limit other remedies we may pursue to recover costs, losses, or other expenses we incur as a result of the information or lack of information you provide.
Upon providing Dwolla with your information, you are authorizing us, directly or through third parties, to make any inquiries we consider necessary to confirm your information. This may include the use of fraud-screening services to verify the information you provide as well as ordering a credit report and performing other forms of credit checks including verification against third party databases.
Bank Account Information:
You must have and provide a username and password for a confirmed bank account to be electronically debited/charged, by Dwolla as agent of your Receiver, before you can send any payment(s) to your Receiver. We will verify your bank account and upon doing so, will be able to complete your payment request(s). When we confirm your bank account information, if we find that your account is closed or has insufficient funds, you must provide new bank account information in order to use the Dwolla's Service. Please be advised that we reserve the right to reject any accounts at certain banks for the use of our Dwolla Service. In addition, we may require additional information and confirmation at our sole discretion or at the discretion of your Receiver. In general, consumer and business checking and savings accounts are permitted.
Right to Refuse Payment:
When you send a payment/transfer to a Receiver upon their direction through Dwolla, that Receiver is not required to accept the payment. The Receiver is free to return payments/transfers or, in some cases, to use the Dwolla system to reject or deny payments that you have sent. You understand that Dwolla will not be liable for any damages resulting from a Receiver's decision not to accept a payment made through Dwolla. Any disputes you may have related to a refusal by a Receiver should be handled directly between you and the Receiver. Any payments through Dwolla that are denied or unclaimed by a Receiver will be returned to the Sender either on the date of such denial, or within 30 days from the date the payment was originally sent, whichever is earlier.
For the Receiver:
Authorize Dwolla as an Agent
You agree and authorize Dwolla to act as an agent on your behalf to electronically debit the senders bank account and credit the funds to your Dwolla account.
Authorizations for Chargeback:
You understand that Dwolla does not warrant the transactions and that these transactions are subject to ACH chargeback processes. You agree and warrant that any chargebacks received by Dwolla can and will be debited from your Dwolla account and if such funds do not exist a debit for the chargeback amount will be placed against the bank account to which the funds were withdrawn.
On behalf of the Receiver, Dwolla shall make reasonable efforts to ensure that requests for Dwolla transactions and the related electronic debits and credits involving bank accounts, are processed in a timely manner. Many factors outside the control of the Receiver and Dwolla may contribute to when your Receiver will actually credit your account. For this reason, we recommend that you schedule all Dwolla transactions so that the estimated settlement date is at twenty-four hours (24 hours) before the actual due date that you would like the transaction to clear. Although the estimated settlement date is shown to you, we do not make any warranties regarding the amount of time needed to complete processing with your Receiver. Dwolla and your Receiver shall not be liable for any actual or consequential damages arising from any claim of delay of Dwolla transactions due to any number of reasons, including but not limited to the following:
- Insufficient funds in your designated bank account or available credit on your credit/debit card account to complete the electronic payment request;
- Failure to provide correct or complete personal or Receiver information; or
- Other circumstances beyond the control of Dwolla (such as but not limited to fire, flood, earthquakes, war, riots, acts of terrorism, delays in the banking system or interference from a third party source).
In addition, Dwolla and/or Receiver, at its sole discretion reserves the right to restrict electronic payment requests from a Sender's designated bank account for any one of the reasons listed below:
- Unauthorized or unusual use of your designated bank or credit/debit card account;
- Transfer or receipt of fraudulent or suspected fraudulent funds or credit/debit card use;
- Detection of excessive disputes or reversals, or "kiting" type attempts;
- Failure to cooperate in an investigation, dispute, or provide additional requested information when requested;
- Any noncompliance with the terms and conditions of this Agreement;
- Failure to confirm any personal or bank account information previously provided by Sender associated with the use of our Service; or
- Insufficient funds, available credit, returns, or reversals of any kind related to your bank account or credit/debit card account.
We will use reasonable efforts to research and resolve such matters as specified above to reach a conclusion as quickly as possible for all parties involved.
In the event there is a dispute covering a specific transaction, we may restrict the electronic funds or credit related to that particular transaction. Dwolla may also restrict all transactions for a designated period of time or until further notice to Sender to protect itself and/or the Receiver against the risk or returns or reversals. If needed, we may cancel your payment service request by notifying you and sending you a check or credit for credit card payment for any funds owed to you at the address you provided us. At a later point, if it is determined that you are entitled to the amount in dispute, additional payment will be made accordingly.
Actions Against Your User Account due to Non-Compliance with User Conduct Requirements or Security Concerns
YOU UNDERSTAND AND AGREE THAT YOU MAY NOT BE ABLE TO ACCESS FUNDS HELD IN THE VERIDIAN HOLDING ACCOUNT IF YOUR USER ACCOUNT IS CLOSED, SUSPENDED, HAS A HOLD PLACED ON IT, OR IS OTHERWISE LIMITED, AS DETAILED IN THIS SECTION.
You understand and agree that Dwolla is not responsible for any losses or liability resulting from actions taken against Your User Account as detailed in this section.
You understand and agree that the decision by Dwolla to take certain actions, including placing holds on or limiting access to Your User Account as detailed below, may be based on confidential criteria that are essential to risk management or security concerns. You understand and agree that neither Dwolla nor Veridian are under any obligation to disclose the details of its risk management or its security procedures to You.
You understand and agree that Dwolla is authorized, pursuant to general parameters of conduct established by Veridian, to take the following actions due User misconduct or Security Concerns as detailed in this section:
- Place a Hold on Your User Account for Up to 90 days:
- Temporarily or Permanently Suspend or otherwise Limit Your Access to Your User Account:
- Contact Users who have purchased goods or services from You, contact Your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of Your actions; or
- Take legal action against you
If Dwolla, acting in accordance with the general parameters of conduct established by Veridian, takes an action against Your User Account, including: placing a hold on, suspending or otherwise limiting Your access to, or terminating Your User Account, We will provide You with notice that such action has been taken against Your User Account. Dwolla may also provide the opportunity to request restoration of access if it is deemed appropriate by Dwolla acting in accordance with the general parameters of conduct established by Veridian.
User Misconduct or Security Concerns that may result in any of the above listed actions, as applicable, include:
- Your Non-compliance with the User Conduct Requirements detailed in this Agreement, including attempting to use the Dwolla system for illegal purposes or attempting to falsify your identity or provide false information;
- Inability of Dwolla to acquire sufficient information to verify your identity;
- A determination by Dwolla, pursuant to general parameters of conduct established by Veridian, that a Hold on Your User Account is reasonably needed to protect against the risk of liability;
- A determination by Dwolla, pursuant to general parameters of conduct established by Veridian, that there may be a high level of risk associated with You, other Dwolla users involved in the payments You receive, Your User Account, or any or all of Your transactions.
You agree in the event You have unpaid debts or bills with Users within the Dwolla System, other Users may use documentation within the Dwolla System in collection of that debt. This includes, but is not limited to, unpaid invoices or unfulfilled contractual agreements. You agree Dwolla will not be held liable for any losses or debts incurred during Your experience with other Dwolla Users.
Login / Password / PIN
You agree that You will not share Your login information, password, or PIN with anyone else. You understand and agree to take all necessary steps to protect Your User Account information as detailed in this Agreement. Dwolla will never ask for Your password or PIN number. You agree Dwolla carries no liability for losses or problems that may arise due to Your sharing this private information with other people, businesses, or entities.
You agree Dwolla may communicate usage information to Your Financial Institution or any service providers to that Financial Institution.
Multiple User Accounts and Dual Log In Sessions
You understand and agree that You may not maintain multiple User Accounts or use multiple User Accounts simultaneously. You understand and agree that Dwolla may provide Your usage information and personal information to state or federal law enforcement in accordance with applicable law. Any misuse or misrepresentation of the Dwolla System (including, but not limited to, attempting to use multiple User Accounts) may result in suspension of Your User Account or other actions.
Dwolla User Accounts are also not eligible for dual log in sessions, meaning that a User of a personal account may not simultaneously be logged in to his or her User Account on more than one page or from more than one location. In the event a second log in session is initiated, You agree Dwolla may disconnect both log in sessions and require any User to revalidate the User Account.
The party receiving funds in a transaction may be subject to reversals occurring within the account if claims are made by the sending party or by the sending party's financial institution.
You understand and agree that:
- If there is a reversal of a payment to you, you will be liable to Veridian for the full amount of the reversed payment plus a fee in the amount of $15 ("Reversal fee"). The reversed payment plus the reversal fee is the "Reversal Liability."
- Reversals are debited by Veridian in the Veridian Holding Account and will be reflected in Your Dwolla User Account.
- If You do not have a balance in Your Dwolla User Account that is sufficient to cover Your Reversal Liability, the remaining balance in Your Dwolla User Account (if any) will be used to cover the Reversal Liability, and You authorize Dwolla, acting on behalf of Veridian, to take any of the following actions:
- Debit your attached Bank Account in the amount of the unpaid portion of the Reversal Liability;
- Suspend Your User Account and require you to take immediate actions to repay the unpaid portion of the Reversal Liability; and/or
- Engage in collection efforts to recover the unpaid portion of the Reversal Liability.
In Case of Errors or Questions About Your Electronic Transfers Telephone us at (515) 280-1000 or E-mail us at email@example.com.
You should contact us as soon as you can if you think your account statement is wrong or if you need more information about a transfer listed on the account statement. We must hear from you no later than 60 days after the account statement was first available for you to access on the Dwolla system in which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, 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 to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of 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 we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, we may take up to 90 days to investigate your complaint or question and may take up to 20 business days to credit your account for the amount you think is in 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 provide you a written explanation. You may ask for copies of the documents that we used in our investigation.
You agree Dwolla, for security, legal and performance purposes, shall record information and transaction information. This includes, but is not limited to, Your operating system, IP address, usage statistics, and transaction frequency. This information can be vital for not only security, but insuring our products are fulfilling their intended purposes.
System Maintenance and Updates
Dwolla may, from time to time, perform maintenance on its systems and/or update its systems. Such maintenance and updates may result in temporary unavailability of the Dwolla System and temporary inability to access Your funds held at Veridian. You agree to relieve Dwolla from any liability or losses that may be associated of such maintenance or updates.
SERVICES PROVIDED BY DWOLLA ARE ONLY AS REPRESENTED IN THIS USER AGREEMENT. DWOLLA DOES NOT INSURE FUNDS. FUNDS ASSOCIATED WITH USER ACCOUNTS USING DWOLLA'S SYSTEM ARE HELD IN AN ACCOUNT MAINTAINED BY VERIDIAN CREDIT UNION. FUNDS HELD AT VERIDIAN ARE HELD IN A POOLED ACCOUNT. THESE FUNDS ARE NOT ELIGIBLE FOR INDIVIDUAL INSURANCE, AND MAY NOT BE ELIGIBLE FOR SHARE INSURANCE BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND. NO OTHER WARRANTIES ARE EXPRESS OR IMPLIED.
No Endorsement or Guarantee
YOU UNDERSTAND AND AGREE THAT DWOLLA IS SOFTWARE PLATFORM THAT MANAGES INFORMATION ASSOCIATED WITH USER FUNDS HELD IN THE VERIDIAN HOLDING ACCOUNT, AND DWOLLA DOES NOT PROVIDE ANY ENDORSEMENTS OR GUARANTEES FOR ANY INDIVIDUAL, COMPANY, OR OTHER ENTITY USING THE DWOLLA SYSTEM, AND DOES NOT ASSUME ANY LIABILITY FOR PRODUCTS OR SERVICES PURCHASED USING DWOLLA SOFTWARE.
You understand and agree Dwolla will not be held responsible for losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond the control of Dwolla Corp. (a "force majeure event"). In the event of a force majeure event, Dwolla may suspend service and access to the Dwolla System
3rd party API use
You agree Dwolla will not be responsible and holds no guarantees regarding the reliability, use, or misuses therein of the Dwolla API program. Please see our separate API Agreement here www.dwolla.com/tos/dev.
Consent to Electronic Transactions and Disclosures
Because Dwolla operates only on the Internet, it is necessary for You to consent to transact business with Us online and electronically. As part of doing business with Us and Veridian, therefore, We also need You to consent to Our giving You certain disclosures electronically, either via Our Site or to the email address You provide to us. By agreeing to this Agreement, You agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to Your User Account. The decision to do business with Us and Veridian electronically is yours. This document informs You of Your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to You electronically through Dwolla.com either on Our Site or via electronic mail to the verified email address You provided. If You require paper copies of such Disclosures, You may write to Us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and Our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Dwolla or between you and Veridian.
Consenting to Do Business Electronically. Before You decide to do business electronically with Dwolla or Veridian, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Netscape Navigator 6.0 or above, or the equivalent software; and hardware capable of running this software.
Withdrawing Consent. You may withdraw Your consent to receive Disclosures electronically by contacting Us at the address below. However, once You have withdrawn your consent, You may not continue to use the Dwolla System, and may be required to close your User Account.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at firstname.lastname@example.org or by calling (515) 280-1000.
You agree to keep Us informed of any change in Your email or home mailing address so that You can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to email@example.com or calling (515) 280-1000. You also agree to update Your residence address and telephone number on the Site if they change.
You agree to print a copy of this Agreement for your records and You agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.
You and We ("The Parties") agree that upon the election of either of You or Us, any past, present, or future dispute relating in any way to Your User Account, or any other past, present, or future relationship or transaction between You and Us, will be resolved by binding arbitration as discussed below, and not through litigation in any court. (Such disputes are called "Claims" for purposes of this agreement.) This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. Â¤Â¤ 1-16 ("FAA"). The arbitration shall be conducted by a single neutral arbitrator acting under the administration of United States Arbitration and Mediation, MidWest, Inc., and in accordance with the then-applicable United States Arbitration and Mediation Rules of Arbitration. Unless You and We agree otherwise, or unless the arbitration administrator's rules or law require otherwise, the arbitration shall be held in Minneapolis, MN.
The arbitrator will decide the Claim in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all privileges recognized by law. The arbitrator will have the authority to award to a Party any damages or relief provided for under applicable law. The arbitrator's decision shall be final and legally binding, and may be enforced by any court having jurisdiction.
No class actions or similar process, and no joinder or consolidation of any Claim with a Claim of any other person or entity, shall be allowable in arbitration, without the written consent of both You and Us. The arbitrator shall have no authority to entertain any Claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator have authority to make any award for the benefit of, or against, any class, group, person, or entity who is not a named party to the arbitration. In the event that there is a dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be resolved by a court rather than by an arbitrator; and to the extent it is determined that resolution of a Claim must proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. If You elect to proceed with respect any Claim by an individual action in a small claims court, or its equivalent, instead of arbitration, we will not object,
If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on You, We will reimburse You, upon request, to the extent such fees or costs would exceed those that You would otherwise have to pay if You were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law.Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If You consider that you are unable to afford any fees or costs that would be Yours to pay, You may request that We pay or reimburse them, and We will consider Your request in good faith.
ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE SAME RIGHTS THAT APPLY IN COURT, SUCH AS THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL MAY ALSO BE LIMITED OR ELIMINATED IN ARBITRATION. ALL OF THESE JUDICIAL RIGHTS ARE WAIVED WITH RESPECT TO CLAIMS THAT YOU OR WE ELECT TO ARBITRATE
User information regarding User utilization and registration will be stored for a minimum of 3 years in a highly secure data center in accordance with PCI standards. This information is stored for the purpose of reporting at the financial institution level and is not sold or otherwise utilized for profit. It is not accessible to other Dwolla Users or Dwolla merchants.