Buckzy User Agreement
This User Agreement (“Agreement”) is effective as of August 01, 2022, and was most recently updated on May 31, 2022. It describes the terms by which you will be bound when you use Buckzy services through this website (“Service”). Do not use the Service if you do not agree to these terms. By clicking “I agree” below, which you adopt as your electronic signature, you are agreeing to enter into this Agreement and be legally bound by all its terms and conditions.
THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 15 BELOW FOR MORE INFORMATION.
As used throughout this Agreement, the terms “Buckzy,” “we,” “us,” and “our” refer to Buckzy Payments Inc., a Delaware corporation, together with its employees, directors, successors, and assignees. The terms “user,” “you” and “your” refer to users of the Service, whether as Senders or Recipients (defined below).
1. THE SERVICE AND DEFINITIONS
The Service is for sending money to friends and family. You agree not to use the Service for any Prohibited Transactions or Restricted Activities (as described in this Agreement) or to send money to or receive money from strangers and acknowledge that such transactions with strangers put you directly at risk of being a victim or participant in fraud, money laundering or other financial crimes.
The Service allows users to send international money transfers from the United States to other countries served by Buckzy.
The “App” is a mobile or internet-based application, through which Buckzy receives the Senders’ instruction for Transactions.
The “App Provider,” Fide PBC Europe, S.L., is the company that provides the App to Buckzy.
To access and use the App, users enter into the terms for the App, which are separate from this Agreement and govern your relationship with the App Provider. Nothing in this Agreement limits or otherwise alters your rights or obligations under any applicable agreement or terms in place between the App Provider and you. To the extent any App terms conflict with this Agreement, the App terms shall govern as between the App Provider and you, and this Agreement shall govern as between Buckzy and you.
The “Bank” refers to a regulated US bank, that receives, holds, and sends money to execute Transactions.
“Buckzy” is a technology provider and does not act as a money transmitter or money services business in connection with the Service and therefore has not obtained all licenses or registration that would be required to act as a money transmitter or money services business. The Bank (not Buckzy) receives, holds, and sends money in the US to support the Service in accordance with US banking and financial services laws and regulations and the terms of this Agreement and Buckzy’s contractual arrangements with the Bank. Buckzy has no ownership interest in the Custody Account and conveys messaging about the Transaction only in accordance with Senders’ instructions, subject to the terms of this Agreement, Buckzy’s contractual arrangements with the Bank, Buckzy’s risk management systems and processes, and applicable laws and regulation.
The “Custody Account” an account owned by the Bank for the benefit of Senders and receives the Transaction Amount from Senders into the Custody Account.
The “Payout Amount” is the amount to be paid to the Recipient.
To support the Service, the Bank sends the Payout Amount, subject to the terms of this Agreement, the terms of Buckzy’s contractual arrangements with the Bank, and applicable laws and regulations, from the Custody Account in accordance with messaging describing the Transaction that Buckzy’s platform conveys to the Bank.
The “Restricted Activities” and/or “Unauthorized Transactions” means any Transaction, attempt or use of the Service by you that is prohibited as described below in this Agreement.
A “Recipient” is, subject to the eligibility requirements described and other terms in this Agreement, anyone who uses the Service to receive money from a Sender.
A “Sender” is, subject to the eligibility requirements described and other terms in this Agreement, anyone who uses the Service to send money from the US.
The “Service Fees” are the charges that you are agreeing to pay as a service fee with each Transaction you submit to Buckzy.
You authorize us to debit you for and all amounts owed to us from time to time for your use of the Service, including the Transaction Amount and/or any Service Fees.
AS THE PAYOUT AMOUNT FOR THE SERVICE IS VARIABLE, YOU WAIVE ANY REQUIREMENT THAT WE GIVE PRE-NOTIFICATION OF ANY PAYOUT AMOUNT, THE DATES ON WHICH THE DEBITS WILL BE PROCESSED, AS WELL AS NOTICE OF ANY FUTURE CHANGES TO THE AMOUNTS OR PAYMENT DATES.
The “Service Providers” are one or more financial institutions or similar entities, typically in the Recipient’s country, that disburse in local currency the Payout Amount to the Recipient in accordance with local banking and financial services laws and regulations and messaging about the Transaction that Buckzy’s platform conveys directly or indirectly to the Service Providers.
A “Transaction” refers to a Sender’s order to send money to a Recipient through the Service.
In each Transaction, a Sender designates a Recipient outside the US to receive, subject to the terms in this Agreement, money through the Service.
The “Transaction Amount” is the amount in US dollars that a Sender provides to the Bank, including any required fees.
2. ELIGIBILITY FOR THE SERVICE
1. Age and Capacity. You must be at least eighteen (18) years old to create an account, access, or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
2. Others. You shall not use the Service to send or receive money on behalf of any other person.
3. Lawful Transactions. You shall not use the Service to violate or to unlawfully evade or avoid any applicable law or regulation, including without limitation:
- any prohibition against fraud, money laundering, terrorist, tax evasion, or other financial crimes;
- any prohibition under applicable US sanctions against any nation, territory, organization, or individual; or
- any applicable currency control or reporting requirement.
4. US Residence. The Service is available only to Senders who are natural persons and residents (permanent or temporary) of the United States.
5. Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer that we may accept or reject at our sole discretion.
6. Single Account. Senders may only have one active account. If we determine that a Sender is using multiple accounts, we reserve the right to merge or terminate one or more of the accounts, limit the Sender’s use of the Service, or refuse their continued use of the Service.
3. PAYING FOR THE SERVICE
1. Charges. With each Transaction you submit you agree to pay us a Service Fee in addition to the Transaction Amount. Payment in US dollars is due at the time the transaction is submitted for processing. If you submit a transaction that results in us being charged non-sufficient funds (“NSF”) fees, chargeback fees, or other similar costs, you agree to reimburse Buckzy for all such fees.
2. Payment. For us to process your transaction you authorize us to charge a debit card or bank account included in your payment profile (each, a “Payment Method”). If your payment fails, you authorize us to re-try one or more times using the same Payment Method. By adding a Payment Method to your payment profile through the App, you represent and warrant that you are, and will remain for as long as that Payment Method is included in your profile, an authorized and lawful user of the Payment Method(s).
3. Other Charges. You are responsible for fees that may be imposed by financial institutions associated with your Payment Methods. Buckzy is not responsible for any NSF transaction fees, interest or other finance charges, chargeback fees, or other, similar costs that might be imposed on you by your bank, debit card issuer, or other providers. With respect to foreign currency exchange rates, please review Section 4.3 (Foreign Currency) below.
4. RECEIVING A REMITTANCE
1. Service Providers. We work with Service Providers to make funds available to Recipients. The Service Providers include Red Chapina, S.A. By submitting Transactions, Senders authorize their Recipients to receive money sent through the Service and appoint Red Chapina, S.A. as their agent for the purpose of receiving money sent on the Senders’ behalf by the Bank and for the purpose of paying that money to Recipients. We try to provide current information on the App about the location, availability, and hours of our Service Providers. However, subject to applicable laws and regulations, we are not responsible for any inaccurate or incomplete information that may be posted on the App.
2. Verification. Recipients will be required to prove their identities before receiving funds by presenting valid identification. Also, Recipients may be required to provide a reference number, or another similar identifier associated with their Transactions.
3. Foreign Currency. By submitting a Transaction, you agree as a Sender to transfer the money in the set currency of where your designated Recipient is located. In addition to the Service Fee, a currency exchange rate may apply to the Transaction. Currency is converted to at an exchange rate set by one of our Service Providers, Red Chapina, S.A. Any difference between the rate given to you and the rate received by us will be kept Buckzy in addition to our portion of the Service Fee. Subject to applicable law, the actual or estimated currency exchange rate applicable to your Transaction will be provided to you on the written disclosures as per this Agreement and/or during the checkout of the Transaction. Payouts will generally be made in the national currency of the payout location.
5. CUSTODY AND REMITTANCE TRANSFER ARRANGEMENTS
1. No Federal Deposit Insurance. The Bank is a member of and regulated by the Federal Deposit Insurance Corporation (“FDIC”). However, the Bank receives, holds, and sends money on behalf of Senders of Transactions in one or more pooled custodial accounts. The money that the Bank holds in this way is not subject to FDIC pass-through deposit insurance. This means that, if the Bank defaults, you will not be able to make a claim against FDIC deposit insurance.
2. Remittance Transfers. In receiving, holding, and sending money for Transactions, the Bank provides remittance transfers under the Electronic Funds Transfer Act. Buckzy collects instructions and other information from you and provides you with certain disclosures to you for the Bank as the Bank’s service provider in the remittance transfers.
3. Remittance Transfer Pre-Payment Disclosure. Before making a payment, Buckzy will provide you with the following pre-payment disclosures:
- the Transaction Amount to be transferred;
- applicable front-end fees and taxes;
- the exchange rate (or, as permitted by law, the estimated exchange rate);
- any covered third-party fees; and
- the total Payout Amount to be received by the designated recipient.
4. Remittance Transfer Receipt. Upon your making a payment in connection with a Transaction, Buckzy will provide you with a receipt containing the following information:
- a reiteration of certain pre-payment disclosures;
- the date money will be available to the Recipient;
- the name of the designated Recipient;
- certain information regarding error resolution/cancellation;
- contact information for the Consumer Financial Protection Bureau; and
- for transfers scheduled three or more business days before transfer or transfers that are the first in a series, the transfer date.
6. IMPORTANT SERVICE RESTRICTIONS
1. General. We may refuse any Transaction or limit the amount to be transferred, either on a per transaction or aggregated basis. These limits may be imposed on individual accounts or groups of accounts we deem to be related for any reason in our sole discretion. We reserve the right at any time to modify or discontinue all or any part of the Service.
2. Delays. Your Transaction may be delayed by our effort to verify your identity, validate your Payment Methods, otherwise comply with laws or regulations, or manage our financial, legal, regulatory, operational, commercial or reputational risk. You may be entitled to a refund in certain circumstances.
3. Commercial Transactions. You agree not to use the Service to send money except in personal remittances among people that you know. The Service is not intended for commercial transactions. You accept that, without limiting any of our other rights or your other obligations under this Agreement, your purchase or sale of any goods or services, regardless of whether or how the purchase or sale relates to any Transaction, is entirely at your own risk. We are not responsible for any aspect of any commercial transaction conducted in connection with the Service, including without limitation:
- the existence, quality, or delivery of any goods or services that you pay for using the Service;
- the payment or reporting of any taxes, tariffs, duties, or other charges attributable to any transaction in goods or services related to any payment made using the Service; and
- compliance with any import or export controls or prohibitions applicable to any transaction in goods or services related to any payment made using the Service.
4. Unauthorized Transactions. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the Agreement to use the Service for any of the following: adult entertainment businesses, escort services, sexually oriented materials or services, gambling activities, fraud, money laundering, the financing of terrorism, or the purchase or sale of tobacco, tobacco related paraphernalia, firearms, prescription drugs, cannabis products, or other controlled substances; or to send money to a Recipient that has violated this Agreement. If you use the Service in connection with illegal conduct, Buckzy may prohibit you from further use of the Service and/or report you to law enforcement.
5. Ineligibility. Your Payment Method must be issued by a U.S. financial institution.
6. No Changes. We generally do not let you change the details of your Transaction once it’s submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
7. Restricted Activities. In connection with your use of the Service, or in the course of your interactions with Buckzy, you will not:
- conduct any Transaction that is or involves any individual or entity that is unauthorized or ineligible for the Service under this Agreement;
- otherwise breach this Agreement or any other agreement between you and Buckzy;
- provide false, inaccurate, or misleading information;
- refuse to cooperate in an investigation by the Bank, any Service Provider, or us relating to any Transaction;
- refuse to provide information to confirm your identity; or
- use an anonymizing proxy.
7. HOW AND WHY WE COLLECT PERSONAL INFORMATION
2. Customer Identification Program. U.S. law requires that the Bank obtain, verify, and record information about Senders. Buckzy performs these functions for the Bank when they relate to the Service. We also obtain, verify, and record information Recipients to comply with applicable laws and regulations and to prevent fraud, money laundering, sanctions breaches, and other unlawful activity. You allow us to share the collected information with third party sources to help us with the verification procedures and these third parties may, as part of the procedures, need to retain your information.
Your Information may also be used in connection with other services, products, and commercial communications, you signed up for with Buckzy. If you choose to provide details of your telephone number, mobile and/or your email you also expressly consent to receive commercial communications and/or being notified of transfer collection in the indicated medium (phone/SMS/email/MMS) and agree that any charges imposed by relevant service providers are your sole responsibility. If you do not wish to receive marketing communications, please contact Buckzy to opt-out.
You have a right to access and request a copy of your information for which Buckzy reserves the right to charge a small sum to the extent permitted by applicable law. You may also correct, erase or block information, which is incomplete, inaccurate, or out-of-date. You may also object at any time on legitimate grounds relating to your particular situation to the processing of your information, where the processing is not required to complete the service, by a law or regulation. If you wish to exercise these rights or no longer wish to receive commercial communications, please contact Buckzy at www.buckzy.net.
4. Verifying Information. You authorize us to make any inquiries, to you or to others, which are necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third-party databases, or through other sources. You acknowledge that consumer reporting agencies such as credit bureaus may be among the sources from which we seek information to verify you.
8. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
1. To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information that identifies each individual or entity that opens an account, therefore you agree to the following:
- When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you;
- We may also ask for and retain documentation, including government-issued identification and proof of your possession of it, to verify your identity;
- We may decline to transact any business with you, including if we determine in our discretion that we are unable to form a reasonable belief as to your identity.
9. ERROR RESOLUTION, CANCELLATIONS AND REFUNDS
1. Error Resolution. Let us know at any time if you have any problems with the Service.
What to do if you think there has been an error or problem:
- If you think there has been an error or problem with your remittance transfer:
Contact your App Provider through your App.
- You must contact your App Provider within 180 days of the date we promised to you that funds would be made available to the Recipient. When you do, please tell your App Provider:
Your name and address and/or telephone number;
The error or problem with the transfer, and why you believe it is an error or problem;
The name of the Recipient, and if you know it, his or her telephone number or address;
The dollar amount of the transfer; and
The confirmation code or the number of the transaction.
2. Refunds. You have the right to cancel a remittance transfer and obtain a refund of all funds paid to your App Provider, including any fees. To cancel, you must contact you App Provider through your App within thirty (30) minutes of payment for the transfer. When you contact your App Provider, you must provide your App Provider with information to help identify the transfer you wish to cancel, including the amount and location where the funds were sent. Your App Provider will refund your money within three business days of your request to cancel a transfer if the funds have not already been picked up or deposited into a Recipient’s account. Please note that your bank or card provider may take up to 15 business days to process the credit to your account in accordance with their policies. Refunds are only made in U.S. dollars.
10. INTELLECTUAL PROPERTY
You acknowledge that the Service, including the content of this website, text, graphics, logos, and images, as well as all other App Provider’s copyrights, trademarks, logos, and product and service names are owned exclusively by the App Provider (the “App Provider’s Intellectual Property”).
You agree not to display, use, copy, or modify the App Provider’s Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe the App Provider’s or Buckzy’s and any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
If you provide us with any suggestions, feedback, reviews or input (“Customer Input”) related to our Services, we (and our corporate group entities) will own all rights, title and interest in and to the Customer Input, even if you have designated the Customer Input as confidential. We and our corporate group entities will be entitled to use the Customer Input without restriction, including for marketing or business purposes. You assign to us all rights, title and interest in and to the Customer Input and agree to provide us with any assistance we may require documenting, perfecting and maintaining our rights in the Customer Input. For this purpose, the word: “assign” is a legal term that means legally transferring the benefit, such as you legally transferring the benefit of the Customer Input to us.
11. DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. In any event, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold Buckzy, the Bank, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees (collectively, “Indemnified Parties”) harmless to the greatest extent permissible under applicable law from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL BUCKZY, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUCKZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF BUCKZY, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
Notwithstanding the foregoing, nothing in Section 13 shall be deemed to waive any right that is expressly prohibited from being waived under applicable law.
14. GOVERNING LAW
Governing Law. This Agreement shall be governed according to the laws of the State of Delaware and applicable federal law, and all activities performed in connection with the Service shall be deemed to have been performed in Delaware. Any controversy, dispute, or claim arising out of or relating to the Service or Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of Delaware, except that body of law governing conflicts of law.
15. ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
Agreement to Arbitrate
This section is referred to as the Arbitration Agreement. If you have a dispute with any Buckzy or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by either you or the Indemnified Party, the dispute will be resolved through the arbitration process as set forth in this section.
You agree that if you have a dispute or claim that has arisen or may arise between you and Buckzy or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach thereof), your Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by either you or the Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and Buckzy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Parties Subject to this Arbitration Agreement
This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than Buckzy, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than Buckzy relating to this Agreement or your Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.
You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing shall bear all costs and expenses incurred by the other in compelling arbitration.
Your Right to Opt-Out
If you do not want this Arbitration Agreement to apply to your Account, you may opt out by sending us written notice of your decision within thirty (30) days of the establishment of your profile in the App. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Account name, Account number, and your signature and must be mailed to Buckzy Payments, Inc. at its principal business address – 16192 Coastal Highway, Lewes, DE, USA 19958. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Account. You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement in a timely and proper fashion.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BUCKZY OR ANY INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BUCKZY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
Buckzy and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting your App Provider through App Provider’s App. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to Buckzy or Indemnified Party should be sent to Buckzy Payment, Inc., at its principal business address – 16192 Coastal Highway, Lewes, DE, USA 19958 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with Buckzy or the applicable Indemnified Party within 60 calendar days after the Notice is received, you or Buckzy or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Buckzy is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees (collectively, the Arbitration Fees) will be governed by AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Buckzy will pay all Arbitration Fees. If the value of the relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Buckzy will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Buckzy will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Arbitration Agreement will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, if Buckzy makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Buckzy written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the language of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).
Should you file a claim contrary to section 12, Buckzy may, except to the extent expressly prohibited under applicable law, recover attorneys’ fees and costs (including in-house attorneys and paralegals), provided that Buckzy has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You acknowledge that this Agreement shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means: (i) this Agreement and any amendments, modifications or supplements to it; (ii) your records of Transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Buckzy.
Communications may be provided to you through the use of autodialed or prerecorded message calls or text messages at the telephone number(s) that you provide us with. We may contact you directly or we may share your phone number with service providers with whom we contract to provide such Communications. Standard telephone minute and text charges may apply.
Your Right to Revoke Consent. Because we communicate electronically, you must provide your consent to receive Communications electronically in order to use the Service. You may withdraw your consent to receive all Communications electronically by contacting us at TOPII.email@example.com. If you fail to provide, or if you withdraw, your consent to receive Communications electronically, we will decline to establish an account for you, or we will terminate, suspend or decline to provide the Service, unless you are entitled by applicable law to receive non-electronic Communications.
Hardware and Software Requirements. In order to receive Communications, you need to have a means of printing or storing them. So, in addition to having an email address and phone number, you must have the following (collectively “System Requirements”):
- a mobile device with an Internet connection;
- the ability to store or print the Communications; and
We reserve the right to change these System Requirements and will provide you with a Communication when we make a material change to the System Requirements.
Receiving Communications. In order to receive Communications, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Communications including attached electronic documents and that such Communications, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your account if your email address changes. You acknowledge that our ability to notify you of the availability of your Communications is contingent on the validity of the mobile phone number and email address in our records. You understand and agree that if we send you a Communication and you are unable to receive the Communication because you provided inaccurate or blocked contact information or if the Communication is otherwise unavailable to you, we will deem such Communication provided to you. However, if your mobile phone or email address is no longer valid, we reserve the right to determine whether your account is inactive or take other actions as set forth in this Agreement. You will not be able to conduct any transactions in your account until you update your mobile phone or email address in your account.
Reservation of Rights. The Service does not allow for Communications to be provided in paper format or through other non-electronic means. However, we reserve the right to provide you with any Communication in writing, rather than electronically. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your account. Although we may waive our fee for delivery of paper Communications, we reserve the right to charge a Communication request fee and to increase this fee at our discretion.
Print or Store Disclosures. We recommend that you print or store a copy of this Agreement and any Communication that you view electronically for your records as such Communication may not be accessible online at a later date.
Your Consent. By agreeing to enter into this Agreement, you agree that: (i) we may provide Communications to you electronically, on the terms and conditions set forth in this Agreement, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Communications electronically, you will not be able to open an account with us to use our Service.
General. You understand and agree that we are responsible for sending the Communications to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Communication, subject to your right to revoke your consent to receive Communications electronically.
1. Third party websites links and content. Any external links to third-party websites or third-party content are provided as a convenience to you and do not imply Buckzy’s endorsement of the third-party website or content. These sites are not controlled by us in any way, and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
2. Entire Agreement. The Agreement constitutes the entire agreement between you and Buckzy and governs your use of the Service, superseding any prior agreements between you and Buckzy.
3. No Waiver. The failure of Buckzy to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
4. Force Majeure Event. any cause affecting, preventing or hindering the performance by a party of its obligations arising from acts, events, omissions or non-events beyond its reasonable control, including acts of God, riots, war, acts of terrorism, fire, flood, storm or earthquake and any disaster, infectious diseases, acts or omissions of third-party banks, non-bank financial institutions and payout channels, but excluding any industrial dispute relating to Buckzy, or the Buckzy’s personnel.
5. Modification. We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement at any time by reviewing the App. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.
6. Other Terms. This Agreement may be supplemented by terms applicable to other promotions and other terms applicable to you based upon your use of the Service. These terms are incorporated into this Agreement by reference. To the extent that any of these terms are determined to be in conflict with this Agreement, this Agreement shall control.
Your security is very important to Buckzy, and we use a variety of security measures to make sure that your information is secure. We urge you to think carefully before sending money to anyone that you do not know well. You should be cautious of deals or offers that seem too good to be true.
If you are aware of anyone or any entity that is using the Service inappropriately, please contact your App Provider through your App or email us at TOPii.firstname.lastname@example.org. If you receive any fake (phishing) emails, purporting to be from Buckzy, please forward them to us at TOPii.email@example.com.
This Agreement is drafted in the English language and translations may be provided in other languages. You agree that the English version of the Agreement will control in the event of any inconsistency between the English and translated versions in any dispute related to this Agreement.
20. CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to your App Provider through your App or to Buckzy, to Customer Service at TOPii.firstname.lastname@example.org; or by mail at Buckzy Payments Inc., at its principal business address – 16192 Coastal Highway, Lewes, DE, USA 19958.