SmoothPay and “White Label App”
Consumer Terms of Service
(February 1st 2015)
This Terms of Service Agreement ("Agreement") is a contract between you and Smooth Payment Inc. (“Our, SmoothPay”) and applies to your use of the SmoothPay Service. By signing up to SmoothPay or a SmoothPay White Label App account you are agreeing with and accepting all of the terms and conditions contained in this Agreement.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective when posted or at the date specified. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting notice on our website.
You must consider this Agreement and any risks contained herein carefully when choosing to use the SmoothPay Service.
1. Your Account
1.1. One Account Per Person. You agree to only register and use one SmoothPay account.
1.2. Eligibility. To be eligible for SmoothPay Services, you must be at least 18 years old and a resident of Canada.
1.3. Accuracy of Information. You are responsible to ensure the accuracy of the information you and your payment methods.
1.4. Identity Authentication. You authorize Smooth Payment, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or verifying your Information against third party databases or through other sources.
1.5. Payment Methods. You may only use payment methods that are valid and in good standing. Payment methods must be solely issued to you. You will be responsible to keep the account information associated with your payment accounts up to date in SmoothPay.
1.6. SmoothPay and White Label Apps. The SmoothPay service is provided through the SmoothPay app and White Label apps made available by our Merchants. White Label apps are clearly identified as Powered By SmoothPay and listed on the SmoothPay website.
1.7. Assignment. Your account and any credits earned through the use of the program are intended only for your personal use. You may not transfer your account or credits to another party. You may not transfer any rights or obligations you have under this Agreement without Smooth Payment's prior written consent. Smooth Payment reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
2. Protecting Your Privacy and Contacting You Smooth Payment respects the privacy of your personal information.
2.1 Notices to You. You agree that Smooth Payment may provide notice to you by posting it on our website, emailing it to the email address(es) listed in your Account, through SMS message to the phone number you registered with, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by postal mail, we will consider it to have been received by you three Business Days after it is sent.
2.2 Emails, Calls, App Notifications and SMS Messages to You. By providing Smooth Payment your email and cellular telephone number, you consent to receiving SmoothPay’s, transaction confirmations or other communications from Smooth Payment at that number.
2.3 Customer Satisfaction Messages. The SmoothPay app provides users if so desired with the ability to rate the service experience at SmoothPay merchants. These ratings are shared with the merchant for the purpose of helping them improve their service. You may receive messages and /or calls from merchants for the purpose of customer service.
2.4 Sharing your identity. We share your first name and last initial with merchants where you shop so that they can address you correctly at time of payment and in Customer Satisfaction messages.
2.5 Your comments and ratings. Comments and ratings are shared with Merchants so that they are aware of the quality of their service and any issues you may have had at their locations. We share your first name and last initial and purchase information with these messages. The merchant may contact you if you have permitted them to do so. Information you share through the comments box will be shared with the merchant so do so at your own risk. Smooth Payment takes no responsibility for any actions (yours, the merchants or other) which may occur as a result of you sharing personal information through the comments box.
2.6 Opt in Communications for Promotions and Advertisements. When you sign up to SmoothPay or a “White Label” app, we provide you the option to opt in to receive additional communications from SmoothPay and/or the “White Label” merchant. You may change these settings in the Account - Settings – Communications page.
2.7 Communications from White Label Merchants. By signing up to a “White Label” app, you are providing that merchant with the ability to communicate directly with you on the same terms as within this agreement.
3. Keeping your Financial Information Safe
3.1 Credit Card Information. We make every effort to keep your personal information safe. We store your credit card data on encrypted servers and transmit using encryption protocols. While these efforts reduce the risk of your card information being obtained by unauthorized individuals or groups you accept that it does not completely eliminate risk. When you enter your credit card information into SmoothPay you are responsible to keep your card info from being seen. Your credit card information may be vulnerable should your mobile phone or computer be infected by malware, trojan or virus.
3.2 Email Receipts. SmoothPay will make best efforts to deliver transaction receipts to your device and email account. These receipts from SmoothPay are a form of protection. Should you notice any transactions that are not familiar or accurate advise SmoothPay immediately. Be sure to keep the email you associate with your SmoothPay account accurate and up-to date. We provide you the option to turn off email receipts but advise you that you do so at your own risk.
3.3 Account Password. When you signup with SmoothPay you are prompted to create a password for your account. Your password is required to change any personal information about your or your credit cards. Keep your password secret and use one that is not easy to guess. If you believe your password has been compromised contact SmoothPay immediately by through email to firstname.lastname@example.org
3.4 Using a PIN Number. Using a PIN number with SmoothPay is a form of protection intended to prevent unauthorized use should your phone become lost, stolen or borrowed. Your “PIN” or Personal Identification Number is a 4 or 5 digit numeric code can be set to be required to open the SmoothPay app. a pin number. Be sure to keep your PIN secret when using SmoothPay. You have the option to decline a PIN be required at each launch. Should you choose to disable PIN requirements you do so at your own risk.
3.5 Lost or Stolen Phone. If your phone becomes lost or stolen advise SmoothPay immediately. You have the ability to disable your SmoothPay account by contacting us at email@example.com
4. Purchases made using SmoothPay
Smooth Payment Inc. is a Payment Service Provider. Smooth Pay helps you make payments to and collect rewards from third parties. Smooth Payment is an independent contractor for all purposes, except that Smooth Payment acts as your agent with respect to the processing of your payment. Smooth Payment does not have control of, or liability for, the products or services that are paid for with the SmoothPay Service.
4.1 Your SmoothPay account is for your purchases. You are not authorized to use SmoothPay to pay for purchases intended for other people.
4.2 Payment Methods. Currently SmoothPay accepts Visa, MasterCard, AMEX and Visa Debit as payment methods. We have the right to add other payment processing options at any time without notice.
4.3 Default Payment Methods. When you make a payment, Smooth Payment will fund your transaction in this order: 1. SmoothPay Credits (Merchant), 2. SmoothPay Credits (Global), 3. Your payment method (selected as default by you), 4. Other credit cards listed in your account
4.4 Final Sale. All items or services purchased or any payment made using Smooth Payment’s SmoothPay Service will be considered a final sale with no refunds with respect to Smooth Payment’s Services. Further, we are not party to any item or service sold, its condition, quality, your satisfaction with it, or your receipt of the item or service. When you authorize a payment, you attest to having received what you are buying and acknowledge your understanding that you are accepting a final sale with no option for a payment refund (or making a non-refundable payment).
4.5 Payment Method Limitations. In order to manage risk, Smooth Payment may limit the Payment Methods available for a transaction. We may, at our discretion, impose limits on the amount of money you can spend through the SmoothPay Service.
4.6 Receipts. To ensure accuracy of payment SmoothPay will send a receipt to your mobile device and to your email on file.
4.7 Incorrect Amounts. If you notice that a merchant has billed you incorrectly advise them at that time so that they can reverse the incorrect amount and charge you the correct amount.
4.8 Disputes. Contact SmoothPay Customer Service First. If a dispute arises between you and SmoothPay, our goal is to learn about it and address your concerns. You may report a dispute with Customer Service online through the SmoothPay Help Center at firstname.lastname@example.org.
4.9 Failed Payment Methods. We will not complete your transaction if your Payment Methods is not approved or we have knowledge of a lacking of sufficient funds. If we complete a transaction and later find the Payment Method used for that transaction lacked sufficient funds or was declined by your card issuer, you authorize Smooth Payment to obtain funds to correct the Failed Payment, and any fees, costs and penalties we incur, from any other Payment Method in your Account. If you fail to pay such amount on demand and funds cannot be obtained from your other Payment Methods, Smooth Payment may take action necessary to collect such amounts from you, including collection action or use of third-party collectors. You agree to pay the actual costs of collection, to the extent permitted by law.
4.10 Account History Statement. You have the right to receive an account statement. You may view your Account history statement by logging into your Account and looking at your Account History within the SmoothPay.com website.
5. Offers and Credits
5.1 SmoothPay Global Credits. “Global Credits” are credits that are available at any SmoothPay location. SmoothPay Global credits may be awarded, earned, or purchased.
5.2 SmoothPay Merchant Credits. “Merchant Credits” are credits that are available at a specific SmoothPay location or chain of locations. SmoothPay merchant credits may be awarded, earned, or purchased.
5.3 Credit Value. One Credit is redeemable for one dollar through the SmoothPay program. SmoothPay has the right to change the value of SmoothPay credits without notice. SmoothPay Credits for Offers and Loyalty rewards do not have a cash surrender value.
5.4 Redeeming Credits. The redemption of credits is automatically performed on your SmoothPay transactions.
5.5 Reversal of Credits. SmoothPay has the right to reversal any credits issued.
5.6 Expiry of Credits and Offers. SmoothPay and its merchants have the right to discontinue any offer or loyalty credit program at any time without notice. Failure to keep your SmoothPay account active and up-to date may result in your credits expiring. SmoothPay has no obligation to compensate you for SmoothPay Merchant credits if they are with a Business that closes locations, transfers ownership, goes out of business or refuses to accept SmoothPay.
5.7 No combination of other offers. SmoothPay Merchants have the right to refuse the combination of SmoothPay offers with other offers.
6. Membership and Costs
6.1 SmoothPay App. The SmoothPay app is currently offered free for consumer use.
6.2 SmoothPay Membership. Consumer membership to SmoothPay is currently free.
6.3 How SmoothPay is Paid. SmoothPay charges fees to the businesses where you use SmoothPay.
6.4 Charges from your phone provider are your responsibility. SmoothPay allows you to pay through your mobile phone. If you use your Mobile Phone you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, roaming charges and any other fees that your phone service provider may charge.
7. Closing your account
7.1 How to Close Your Account. You may close your Account at any time by logging in to your Account, clicking on “Account Settings”, clicking on the “Close Account” link, and then following the instructions. Upon Account closure, we will cancel any pending transactions, unless otherwise legally prohibited.
7.2 Limitations on Closing Your Account. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may retrieve the disputed funds and any services fees to protect Smooth Payment or a third party against the risk of Reversals, Chargeback’s, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
7.3 Dormant Accounts. If you do not log in to your Account for two or more years, Smooth Payment may close your Account.
8. Restricted Activities
Restricted Activities. In connection with your use of our website, your Account, or Smooth Payment’s Services, or in the course of your interactions with Smooth Payment, other Users, or third parties, you will not:
8.1 Breach this Agreement, the Acceptable Use Policy or any other agreement or policy that you have agreed to with Smooth Payment;
8.2 Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
8.3 Infringe Smooth Payment's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
8.4 Sell counterfeit goods;
8.5 Act in a manner that is defamatory, trade libelous, threatening or harassing;
8.6 Provide false, inaccurate or misleading information;
8.7 Send or receive what we reasonably believe to be potentially fraudulent funds;
8.8 Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
8.9 Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both SmoothPay and the Seller, bank or credit card issuer for the same transaction;
8.10 Use an anonymizing proxy;
8.11 Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
8.12 Conduct your business or use Smooth Payment’s Services in a manner that results in or may result in complaints;
8.13 Use your Account or Smooth Payment’s Services in a manner that Smooth Payment, Visa, MasterCard, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
8.14 Access Smooth Payment’s Services from any country other than Canada;
8.15 Disclose or distribute another User's Information (you obtain directly from that User) to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
8.16 Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
8.17 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;
8.18 Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
8.19 Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with SmoothPay website or Smooth Payment’s Services;
8.20 Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
8.21 Use Smooth Payment’s Services to test credit card behaviors.
9. General Provisions
Intellectual Property. “Smooth Payment”, "SmoothPay.com," "SmoothPay," “Smooth” and all logos related to Smooth Payment Inc. are either trademarks or registered trademarks of Smooth Payment or its licensors. You may not copy, imitate or use them without Smooth Payment's prior written consent.
9.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, SMOOTHPAY’S SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some provinces 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, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
9.2 No Warranty. SMOOTHPAY, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE SMOOTHPAY’S SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SMOOTHPAY, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Smooth Payment does not have any control over the products or services that are paid for with Smooth Payment’s Services and Smooth Payment cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Smooth Payment does not guarantee continuous, uninterrupted or secure access to any part of Smooth Payment’s Services, and operation of our site may be interfered with by numerous factors outside of our control. Smooth Payment will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Smooth Payment makes no representations or warranties regarding the amount of time needed to complete processing because Smooth Payment’s Services are dependent upon many factors outside of our control, such as delays in the banking system or the Canadian or international mail service. Some provinces 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 province to province.
9.3 Complete Agreement. This Agreement, along with any applicable policies and agreements on Smooth Payment’s SmoothPay.com website, set forth the entire understanding between you and Smooth Payment with respect to Smooth Payment’s Services. 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.