PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR APP AND/OR OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE PAYYUS

My Market Partners

Payyus™ Mobile Payment Terms of Use

Last Updated January 1, 2017

Welcome to Payyus, operated by My Market Partners, LLC, a Colorado limited liability company (the “Company”, “MMP”, “we”, or “us”).

By accessing Payyus through the mobile application (the “Application”), any Company API, any Company Gateway, computer, or services provided by the Company (collectively, “Payyus”) you agree to be bound by these Terms of Use (the “Terms of Use”). If you wish to use Payyus, please read these Terms of Use.

Prior to using Payyus, you should also read the Company’s Privacy Policy, (the “Privacy Policy”) to understand how we collect information, and which is incorporated by reference into these Terms of Use. If you do not accept and agree to be bound by all of the Terms of Use and the Privacy Policy, DO NOT USE THE SERVICES. Please feel free to contact us with any questions regarding this Terms of Use.

1 Acceptance of Terms of Use.

This Terms of Use is an electronic contract that establishes legally binding terms you must accept to use Payyus. This Terms of Use includes the Company’s (i) Privacy Policy and (ii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services offered by the Company, such as terms governing features, billing, free trials, discounts and promotions.

By accessing or using Payyus, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein and consent to have this Terms of Use and all notices provided to you in electronic form. To withdraw this consent, you must cease using Payyus. Please print a copy of this Terms of Use and retain it for your records. This Terms of Use may be modified by the Company from time to time, such modifications will be effective upon posting by the Company.

2. Eligibility. Payyus is offered and available to users who are 18 years of age or older. By using Payyus, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

3. Using Payyus Services.

4. How Payyus Works.

Payyus includes various ways to send and use Gift Cards which you are entitled to use.

5. Returns.

Payyus may allow, depending on hardware, returns of customer funds back to the customer account in the form of a credit, but you agree the merchant has no obligation to do so.  If an affiliate Merchant wishes to return funds to your balance that is possible by the Merchant finding your sales order on his Payyus terminal and then returning all or a portion of the money back to you.  Credit/Debit card gateways that the Merchant uses may limit their ability to return these funds, so other means may be required.

6. Creating an Account.

(a) To create an account, you must either: (i) enter into a separate agreement with us describing the specific terms and conditions of Payyus to be provided to you, or (ii) complete the registration process made available to you by the Company.

When using Payyus, you shall be subject to any posted credit, debit, or banking guidelines, rules or licenses. Such guidelines, rules or licenses may contain terms and conditions in addition to those described in this Terms of Use. For information regarding what the Company collects from you and how the Company may use your information, please consult the Company’s Privacy Policy.

7. Term and Termination. The Terms of Use will remain in full force and effect while you use Payyus. You may disable your account at any time, for any reason. The Company may terminate or suspend your account at any time, for any reason, with or without cause, in its sole discretion. After your account is terminated for any reason, the Terms of Use shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Nothing contained in the Terms of Use shall create an obligation on behalf of the Company to disclose the reason(s) for termination or suspension of your account.

8. Commercial Uses. Organizations, companies and/or businesses may not use Payyus for any purpose without the Company’s express written consent, which may be provided in Company’s sole discretion.

9. Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You will take all reasonable precautions to prevent unauthorized access to or use of Payyus and notify legal@mymarketpartners.com promptly of any such unauthorized access or use.

10. Product Access. While the Company attempts to ensure that Payyus is normally available 24 hours/day, the Company shall not be liable if for any reason Payyus is unavailable at any time for any period. Access to Payyus may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

11. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Payyus thereafter. Your continued use of Payyus following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access Payyus so you are aware of any changes, as they are binding on you.

12. Proprietary Rights.

(b)    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Payyus in breach of the Terms of Use, your right to use Payyus will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Payyus or any content on Payyus is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Payyus not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. 

13.    Prohibited Uses. You may use Payyus only for lawful purposes and in accordance with these Terms of Use. You agree not to engage in the following non-exclusive list of activities with respect to Payyus:

14.    Reliance on Information Posted.  

(a) The information presented on or through Payyus is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Payyus, or by anyone who may be informed of any of its contents.

(b)    Payyus may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15.    Changes to Payyus. We may update the content to Payyus from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Payyus may be out of date at any given time, and we are under no obligation to update such material. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, Payyus (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Payyus. To protect the integrity of Payyus, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing Payyus.

16.    Linking to Payyus and Social Media Features.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. We may disable all or any social media features and any links at any time without notice in our discretion.  Additionally you agree that we may use your transactions in our social media feed that is presented or may be presented on Payyus to other customers.

17.    Links from Payyus. If Payyus contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to Payyus, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18.    Geographic Restrictions.  The owner of Payyus is based in the state of Colorado in the United States. We provide Payyus for use only by persons located in the United States. We make no claims that Payyus or any of their content are accessible or appropriate outside of the United States. Access to Payyus may not be legal by certain persons or in certain countries. If you access Payyus from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of Warranties. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

20. Limitation on Liability. WHEN PERMITTED BY LAW, COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

21. Indemnification. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand (including reasonable attorney's fees) made by any third party due to or arising out of your breach of or failure to comply with this Terms of Use (including any breach of your representations and warranties contained herein), any Content you Post, or your violation of any law or regulation. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

22. Arbitration and Governing Law. (a) The exclusive means of resolving any dispute or claim arising out of or relating to this Terms of Use (including any alleged breach thereof) or Payyus shall be binding arbitration administered by the American Arbitration Association. By using Payyus in any manner, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court).  Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. DECISIONS BY THE ARBITRATOR ARE ENFORCEABLE in court and may be overturned by a court only for very limited reasons.

23. This Terms of Use, and any dispute arising between you and the Company, shall be governed by the laws of the state of Colorado without regard to conflicts of law principles. Any proceeding to enforce this Terms of Use may be commenced in the federal or state courts located in Boulder, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

24. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Notice. The Company may provide you with notices, including those regarding revisions to this Terms of Use, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, or postings in Payyus. Such notices may not be received if you violate this Terms of Use by accessing Payyus in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed Payyus in an authorized manner.

26. Miscellaneous; Entire Agreement. This Terms of Use is subject to change by the Company at any time. This Terms of Use, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers, contains the entire agreement between you and the Company regarding the use of Payyus. If any provision of this Terms of Use is held invalid, the remainder of this Terms of Use shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable. No agency, partnership, joint venture or employment is created as a result of this Terms of Use and you may not make any representations or bind the Company in any manner.

27. Your Comments and Concerns. All communications relating to Payyus should be directed to: legal@mymarketpartners.com.