You may register for Bankpay using the Bankpay App. You may only register for Bankpay in your own name and not in the name of someone else and you should not register more than once. If duplicate Bankpay accounts for you are found to exist, we may close or merge them without notice.
You must install the Bankpay App on your mobile device if you want to register for Bankpay. Different versions of the Bankpay App may be made available to you depending on which type of mobile device you use. It is your responsibility to ensure that you select the correct version thereof for your device and you will be responsible for the charges applied by your mobile service provider for accessing and using Bankpay via such device.
Bankpay is only available to persons above 18 years old that are lawfully resident in the United States and legally capable of contracting with us. We may require proof of your age, identity and place of residence, your taxpayer status and identification numbers, your email address, mobile number and certain other information about yourself as part of the registration process. We need this to confirm your eligibility for Bankpay and to enable us to open and maintain accounts and hold funds for the Payments for you with our partner banks and financial institutions (“Bankpay Partners”).
Applicable law, such as the US Patriot Act, requires that we verify some of your information. You accept that we may, directly or through service partners, take steps to verify the accuracy of the information you provide to us, including by comparing it to third party databases or other sources. We may also obtain certain reports about you from various agencies, including with respect to your credit status and whether you are subject to sanctions. In this regard, we may obtain information about you from, and share and verify the information you provide, with our Merchants and Bankpay Partners, your bank and our verification service providers. You may from time to time be required to confirm that documents and information previously submitted to us for purposes of registration are still valid or to update such documents or information.
You must meet all the criteria we have set for registering you to use Bankpay. These include criteria needed to comply with applicable law. We may refuse your application if we believe you do not meet these criteria, if you give us false or incomplete information or if we are unable to verify the accuracy of the information you provide to us. If we approve your application, we will confirm your registration to you via the Bankpay App, or by way of notice sent to your chosen email address or mobile phone number.
YOU ARE RESPONSIBLE TO ENSURE AND WARRANT THAT THE INFORMATION AND DOCUMENTS WHICH YOU PROVIDE TO US IN CONNECTION WITH YOUR REGISTRATION FOR BANKPAY ARE AUTHENTIC, CORRECT AND COMPLETE, INCLUDING BY HAVING SUCH DOCUMENTS AUTHENTICATED IN THE PRESCRIBED MANNER PRIOR TO SUBMITTING THEM.
When you sign up for Bankpay you will be issued with or be requested to enter a secret password, personal identifier, number or other code unique to you to be used to validate that it is you when you access Bankpay or make a Payment and, in addition, we may require that you link your mobile cellular device to your Bankpay account to enable us to confirm with you via such device that it is you taking such actions (collectively “Authentication Mechanisms”).
Each time you access Bankpay or submit a Payment you will be required to make use of such Authentication Mechanisms to confirm that it is you making the Payment. It is your responsibility to make sure that you keep your Authentication Mechanisms secure and that you prevent the use thereof by anyone else. If the security of any of your Authentication Mechanisms is compromised (e.g. your phone is lost or stolen or your password or PIN is disclosed), or if you become aware of any unauthorized activity on your Bankpay account, you must notify us immediately via our website at www.bankpayit.com or your Bankpay App or by calling us at +1(917) 203-6399 so that we can block further use thereof and you should select or request us to issue you with new Authentication Mechanisms. YOU ARE RESPONSIBLE FOR THE USE OF YOUR AUTHENTICATION MECHANISMS AND FOR THE ACTIONS AND PAYMENTS PERFORMED ON YOUR BANKPAY ACCOUNT USING THEM.
You may not attempt to gain access to anyone else’s Bankpay account but your own. If you do, you would be committing a criminal offence under the Computer Fraud and Abuse Act (18 U.S.C. § 1030), which we may report to law enforcement authorities.
In order to make use of Bankpay, we may be required to open and maintain accounts with one or more of our Bankpay Partners to hold funds and facilitate Payments for you, which may be a regulated pooled custodial bank account in which the funds may be held on your behalf or a bank account in your own name (“Partner Account”).
If a Partner Account is to be opened in your own name, you authorize us to facilitate the opening thereof on your behalf using your personal information. Partner Accounts in your name will be closed when you are de-registered from Bankpay. We will facilitate the opening, maintenance and closure of all such Partner Accounts on your behalf. The terms and conditions that govern the Partner Accounts maintained in your name with Bankpay Partners will be made available to you on our website at www.bankpayit.com/legal.
The funds held for you in the Partner Accounts will be used to make your Payments and will not be used for our operational or other business purposes. In certain circumstances, funds held for you in the Partner Accounts may also be paid or transferred back to you. No interest will be payable to you with respect to funds held in the Partner Accounts. ANY FUNDS BALANCES HELD FOR YOU IN POOLED PARTNER ACCOUNTS REPRESENT UNSECURED CLAIMS AGAINST THE BANKS HOLDING SUCH FUNDS FOR YOU AND MAY NOT BE INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) OR ANY OTHER DEPOSIT PROTECTION SCHEME. We will not voluntarily make such funds available to our creditors in the event of bankruptcy. Funds held in Partner Accounts opened in your own name may be insured by the FDIC if they are opened directly with a bank. We will inform you via the Bankpay App of each Bankpay Partner and Partner Account opened and/or utilized to process your Payments and we will confirm to you whether the Partner Account is in your name or not and whether the funds in such Partner Account are insured by the FDIC or not.
You authorize us to procure payment for you into and from the Partner Accounts, and to hold funds on your behalf in the Partner Accounts, and you agree that we may, in our discretion, open, maintain and close such Partner Accounts with our Bankpay Partners, which will be dedicated to the use of Bankpay and you agree that we will be authorized to sign and submit all documents and take all steps necessary for opening, maintaining and closing such Partner Accounts and to issue instructions on your behalf to our Bankpay Partners with respect to the funds to be received in or paid from such Partner Accounts and, particularly, to make your Payments as per your instructions and pay the fees and taxes due to us and our Bankpay Partners for effecting such Payments and for maintaining the Partner Accounts or, where we deem it appropriate, to pay or transfer funds held for you in the Partner Accounts back to you. Your authorization specifically includes authority for us and our Bankpay Partners to act as agents on your behalf, and provide all necessary information and to take all relevant steps and complete, sign and submit all relevant documents pertaining to the opening of the Partner Accounts to be used for your benefit in accordance with these Terms and any specific confirmations that we may obtain from you, and take all steps reasonably required to affect your Payments, report to our regulatory authorities and otherwise comply with our respective legal obligations. Where the Partner Account is in your name, we may require you to provide us with a separate written mandate to confirm our authorizations as contained herein in order to comply with applicable law, including as may be needed to authorize us to instruct our Bankpay Partner to execute electronic funds transfers from such Partner Account on your behalf in accordance with your Payment instructions. We will provide you a copy of such mandate.
YOU ACCEPT AND AGREE THAT THE AUTHORIZATION CONTAINED HEREIN WILL BE EXCLUSIVE TO US AND THAT YOU WILL NOT HAVE ANY OTHER PERSON ISSUE INSTRUCTIONS ON YOUR BEHALF WITH RESPECT TO THE FUNDS PAID INTO OR HELD FOR YOU IN THE PARTNER ACCOUNTS AND YOU AUTHORIZE OUR BANKPAY PARTNERS TO EXECUTE OUR INSTRUCTIONS WITH RESPECT TO SUCH FUNDS AND PAYMENTS.
You may use Bankpay to make Payments to the Merchants enabled on our Bankpay App. We may apply monetary limits to such Payments. You must comply with our prevailing rules, processes and policies when using Bankpay and submitting your Payments, including as made available on our website at www.bankpayit.com/legal (“Bankpay Rules”). The Bankpay Rules will apply to all Payments requested via your Bankpay account. You may not use Bankpay for any purpose or in any manner save as permitted by our Terms and the Bankpay Rules.
You will be required to confirm the following information with respect to each Payment:
YOU MUST ENSURE THAT THE PAYMENT INFORMATION IS CORRECT AND COMPLETE BEFORE CONFIRMING THE PAYMENT. YOU ARE RESPONSIBLE FOR ANY PAYMENT MADE BY YOU IN ERROR AND YOU ACKNOWLEDGE THAT SUCH PAYMENT MAY NOT BE RECOVERABLE.
You must provide the required funding via your selected funding mechanism to enable us to make the Payment, and we may delay any Payment until such funds have been transferred into the relevant Partner Account. We will notify you if we are unable to complete a Payment and, provided it is permitted by law, any funds transferred for such Payment will be returned to the bank account from which the funds originated, failing which we will contact you to arrange for the return of such funds.
We may apply limits to your Bankpay account or to specific Payment types. Limits may inter alia pertain to minimum payment amounts, maximum payment amounts and maximum number of payments, whether to you or your Bankpay Account or to particular Merchants. Such limits may be implemented for commercial business reasons, to enable compliance with regulatory requirements and/or to manage risk. We may track your Payments against these limits and any Payment that does not comply with an applicable limit may be declined.
We may in our discretion decline to make a Payment for you, and particularly, if
You may be permitted to link one or more funding mechanism to your Bankpay account bank transfer (e.g. your bank account for ACH or wire, or your credit card or debit card) for purposes of transferring your funds to us to facilitate your Payments. The types of funding mechanisms that we may allow may change from time to time. You authorize us to use the funding mechanisms linked to your Bankpay account to procure the necessary funding from the bank accounts linked to such mechanisms to facilitate your payments. By providing us with the details (bank account/card details) of a funding mechanism you confirm that such details are correct and that you are duly authorized to permit us to procure the transfer of funds from such bank account for your payments using such mechanism.
YOU ACKNOWLEDGE THAT YOUR FUNDING MECHANISMS ARE ENABLED BY YOUR BANK AND/OR PAYMENT PROVIDERS FOR WHICH WE ARE NOT RESPONSIBLE.
You will be responsible for all costs you may incur to transfer funds to the Partner Accounts including as may be applied to you by your bank for using the selected funding mechanism. You must keep the information pertaining to your use of these mechanisms current (your bank account and/or card details). We may from time to time verify such information via our service partners to make sure it is accurate. If you no longer want to use a particular funding mechanism, you must de-link it from your Bankpay account.
You must rely on your own judgment when using Bankpay. Neither us nor our Bankpay Partners offer any form of advice to you. Specifically, we do not offer you any advice as to the merits of the Partner Accounts used to facilitate the Payments for you.
You are solely responsible to ensure that your payments are lawful and legally effective. In facilitating the Payments, we merely act on your instructions and are not responsible for verifying the legal basis or reasons for your Payments or for ensuring that your Payments are lawful or legally effective. WE ARE NOT RESPONSIBLE OR LIABLE FOR ACTIONS OF MERCHANTS, INCLUDING WITH RESPECT TO HOW THEY TREAT YOUR PAYMENTS. YOU WARRANT AND CONFIRM THAT ALL PAYMENTS DULY SUBMITTED VIA YOUR BANKPAY ACCOUNT HAVE BEEN AUTHORIZED BY YOU AND ARE LAWFUL.
You may access information about your Payments through your Bankpay App. You may submit queries to us regarding such Payments via your Bankpay App or contact us through our website at www.bankpayit.com. We allocate a unique transaction number to each of your Payments, which you should use when communicating with us about such Payment.
You alone are responsible for the arrangements you make with Merchants to acquire products or services from them. YOU ACKNOWLEDGE AND ACCEPT THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MERCHANT’S PRODUCTS OR SERVICES OR FOR THEIR DELIVERY. FURTHERMORE, YOU SHOULD NOTE THAT THE DISPUTE MECHANSISMS OF YOUR BANK AND PAYMENT CARD SCHEME WILL NOT APPLY TO YOUR DISPUTES WITH MERCHANTS REGARDING THE PAYMENTS MADE TO THEM USING BANKPAY.
When you use Bankpay to make a Payment to acquire products or services from a Merchant, you may be eligible to request a full or partial refund via Bankpay if the product or service you acquired was either not delivered or the items or components delivered differed materially from the descriptions thereof as offered to you, including as a result of undisclosed defects or missing components. In the event of such a situation arising, you should first address it directly with the Merchant. If this fails and you believe you qualify to request a refund hereunder you may lodge a refund request using our Online Transaction Dispute Process.
You should also notify us if you become aware that a Payment was processed via your Bankpay account in error or without your authorization or if the amount reflected on your Bankpay account as being involved in a Payment is incorrect. You may do this via our website at www.bankpayit.com or your Bankpay App or by calling us at +1 (917) 203-6399.
You must submit all requests for us to correct errors and/or to obtain refunds of any amounts paid via Bankpay in compliance with our Online Transaction Dispute Process. The circumstances and pre-conditions under which you may submit a refund request is set out therein. This includes the return, at your cost, of defective or incorrect items delivered to you by the Merchant. Your refund requests must be lodged in the manner and within the timeframes that we may specify therefor in our Online Transaction Dispute Process, and you must provide us with the necessary evidence to substantiate your compliance with the applicable pre-conditions for making a refund request failing which it will be rejected.
If we are satisfied that you have presented a potentially valid claim in compliance with the relevant pre-conditions, we will take steps to correct any processing error we may have made and, where appropriate, we will engage with the relevant Merchant to try to resolve your claim and obtain a refund for you.
We will notify you if your refund request is successful or not. Although all our refund decisions are final, you may ask us to reconsider if you have compelling new information to present to us or we made a clear and obvious mistake.
If a full or partial refund is obtained from a Merchant with respect to a Payment made by you, such refunded amount net of our costs to obtain such refund (if any) will be returned to you. We may transfer such funds to you by way of transfer to the bank account from which the funds for the Payment originated, failing which we will contact you to arrange for the transfer of such funds to you.
YOU ACKNOWLEDGE AND ACCEPT THAT THE DISPUTE MECHANSISMS OF YOUR BANK AND PAYMENT CARD NETWORK WILL NOT APPLY TO YOUR DISPUTES WITH MERCHANTS REGARDING THE PAYMENTS MADE TO THEM USING BANKPAY AND YOU RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE ANY LEGAL PROTECTIONS THAT MAY LIMIT THE SCOPE OF THIS RELEASE (INCLUDING UNDER CALIFORNIA CIVIL CODE § 1542) TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You may close your Bankpay account via our website at www.bankpayit.com and/or the Bankpay App.
We may suspend your use of Bankpay, close your Bankpay account and/or de-register you from Bankpay at any time, and particularly-
If your Bankpay account is suspended, you will not be able to transact on your Bankpay account until such suspension is lifted. We may ask you to provide us with information to assist us in investigating the grounds for the suspension of your Bankpay account and you should comply promptly with such requests so that the grounds for suspension can be investigated and, if we are satisfied, cleared.
You agree to cooperate fully with us in any investigation into your use of Bankpay. This includes cooperating with any regulatory authority or law enforcement authority that may be involved in such investigation.
When your Bankpay account is closed or you are de-registered from Bankpay we will close all applicable Partner Accounts held in your name and, provided we are permitted under law to do so, you may require a transfer back to you of any funds that may still be held for you in such Partner Accounts. We will let you know what you have to do to obtain such transfer.
The Bankpay App will be our primary mechanism to communicate with you. You agree to receive all communications, agreements, documents, notices and disclosures that we may provide to you in connection with your use of Bankpay or your Bankpay account electronically via your Bankpay App or at your designated email address, including notices of updates to these Terms or our Bankpay Rules, requests for you to authorize Payments, Payment confirmations, Payment records and statements and any other notices and communications regarding the Bankpay services. If you do not consent to receive these electronic communications, you may not be able to use Bankpay. Please notify us by contacting us via our website at www.bankpayit.com or write to us at our business address as identified on our website if you wish to withdraw such consent or if you require a paper copy of any communication sent to you electronically. If we receive such notice from you, we may elect to comply with your request or to close your Bankpay account and de-register you from the Bankpay service. You may request a paper copy of any communication sent to you electronically within 180 days of the date we provided the communication to you by contacting us as described above. Your paper copy will be sent by mail to your current physical address as reflected on your Bankpay profile. We may charge you a fee for providing you with such paper copies, which fee will be notified to you at the time of your request. As a Californian resident, you also have the right to receive communications about Bankpay and your Bankpay account by email. You may submit a request via our website at www.bankpayit.com or via your Bankpay App to ask that we do so.
We may use the Bankpay App to communicate with you regarding our services, including changes to our Terms or Bankpay Rules. We will specify the dates on which these changes take effect. It is your responsibility to review these communications, including by reviewing any such changes to our Terms or Bankpay Rules to make sure you agree with them before continuing your use of Bankpay.
In order to receive and store electronic communications from us, you must have the following:
We will notify you if there are any material changes to the hardware or software needed to receive electronic communications from us. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
We may also use the contact details you provide to us to communicate with you regarding our services. You should always keep such details up to date so as to ensure that our communications can reach you. You may update such details via your Bankpay App. We may suspend use of your Bankpay account if we believe that your details may be incorrect and provide you with an opportunity to update such details. You accept that we may monitor and keep records of all the communications between us, including all written communications and all audio/video communications and we encourage you to also keep such records.
You agree that we may use the mobile number you provide to us to contact you (including using autodialed or prerecorded message calls or texts) to: (i) inform you about access to or use of your Bankpay account and to confirm Payments with you, or (ii) request information with respect to an investigation or dispute involving you or your Bankpay account. We are not responsible for any delivery delay or failure with respect such communications. We may share your mobile phone number with service providers with whom we contract to assist us with the above. Network operator charges may apply to these communications. You may be enabled to opt-out of receiving autodialed or prerecorded message calls or texts by changing your account preferences, however we may not be able to render services or process Payments dependent on such communications if you do and may, therefore elect to suspend such services and/or decline the affected Payments.
You accept that we may send any notices regarding your Bankpay account to you at the email address we have on account for you and you must keep such email address up to date. You will be deemed to have received a notice from us 24 hours after we sent it to such email address. You alone are responsible if you do not receive such a notice if the email address we have for you is incorrect, or if you are unable to receive the notice at such email address for any other reason (e.g. filters or blocks implemented for you), and we will have provided an effective notice to you irrespective.
You agree that our group entities and business partners may use the contact details you provide to us to contact you to inform you about other products, services and/or benefits that we or our group members or business partners offer and to enable you to subscribe and make use thereof. You may opt-out of receiving such communications by changing your account preferences or by clicking on the unsubscribe link in the communications you receive and following the instructions. This will not affect your ability to access and use your Bankpay account. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior consent thereto.
Protecting your privacy is important to us. We treat your Personal Information in accordance with our Privacy Policy available on our website at www.bankpayit.com/legal. For purposes hereof, “Personal Information” is the information that you disclose to us during your relationship with us that is of a personal nature and protected by law, including with respect to your Payments and instructions, details and analyses of your application to register for and use of Bankpay and other information of a personal nature that we obtain by providing you with a Bankpay account.
If you give us Personal Information about or on behalf of another person, you confirm that you are authorized to:
You accept that we may collect your Personal Information from you and from other service providers and sources and that we may Process your Personal Information for the following purposes:
For purposes hereof, “Process” and its derivatives means any operation or activity, automated or not, concerning Personal Information, including: altering, anonymizing, collating, collecting, disseminating, distributing, erasing, linking, merging, organizing, receiving, monitoring, recording, retrieving, sharing, storing, updating or using such information.
You are solely responsible for keeping your profile information on your Bankpay account complete, accurate and up to date. Please update your profile immediately if anything changes. You can do this on our website or using your Bankpay App.
YOU WARRANT THAT ALL INFORMATION YOU PROVIDE TO US IS TRUE, ACCURATE, COMPLETE, AND UP TO DATE. WE WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM FALSE, INCORRECT, INCOMPLETE, OR OUTDATED INFORMATION PROVIDED BY YOU.
All rights, title and interests in and to the Bankpay trade names, logos, icons, domains, web platforms, software, data, content and services, including page headers, custom graphics, button icons, and scripts, belong exclusively to us and to our licensors and we reserve all our rights therein. You may not copy, imitate, modify, translate, display or use any item forming part thereof without our prior consent, and if and to the extent that we may enable you to use any such item, you must adhere strictly to our usage instructions and not make any use of such item other than in connection with your use of Bankpay and in the manner authorized by us.
If and to the extent that you provide documents, data or other items or information to us you must ensure that you hold the necessary rights to do so and that such items and information and our use thereof will not infringe upon the rights of anyone or contravene any laws. You accept that we may use such items and process such information for all purposes in connection with the services we render to you and for any other purposes as may be provided for in or under our Terms.
BANKPAY OR SOME FEATURES OF BANKPAY MAY BE TEMPORARILY INACCESSIBLE TO YOU FOR VARIOUS REASONS AT ANY TIME, INCLUDING DURING SYSTEM MAINTENANCE. WE ALSO RESERVE THE RIGHT IN OUR DISCRETION AND WITHOUT NOTICE TO MODIFY, ADD TO, SUSPEND OR DEACTIVATE MERCHANTS, FUNDING MECHANISMS, PARTNER ACCOUNTS AND/OR OTHER FEATURES OF THE SERVICE. WE DO NOT ACCEPT LIABILITY FOR ANY INCONVENIENCE OR LOSS RESULTING FROM THE TEMPORARY INACCESSIBILITY OF ANY BANKPAY FEATURE OR THE CHANGES MADE TO OUR SERVICE.
BANKPAY IS PROVIDED TO YOU FREE OF CHARGE. YOUR USE OF BANKPAY IS AT YOUR OWN RISK AND DISCRETION. WE DO NOT GIVE ANY WARRANTIES ABOUT BANKPAY AND WE DO NOT GUARANTEE THAT BANKPAY WILL ALWAYS BE AVAILABLE FOR YOU TO USE OR THAT ALL PAYMENTS WILL BE PROMPTLY OR CORRECTLY PROCESSED. WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICE IMPLIED BY LAW TO THE MAXIMUM EXTENT PERMITTED THERETO, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
SAVE AS MAY BE PROVIDED OTHERWISE BY APPLICABLE LAW, YOU SHALL INDEMNIFY US AND OUR GROUP ENTITIES AND OUR RESPECTIVE BUSINESS PARTNERS, SUPPLIERS, CONTRACTORS AND STAFF AGAINST ALL CLAIMS, FINES, PENALTIES, COSTS, REVERSALS, CHARGEBACKS AND ANY OTHER LOSS OR LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH THE USE OF BANKPAY ENABLED FROM YOUR ACCOUNT.
UNDER NO CIRCUMSTANCES WILL WE OR OUR GROUP ENTITIES OR OUR RESPECTIVE BUSINESS PARTNERS, SUPPLIERS, CONTRACTORS OR STAFF BE RESPONSIBLE OR LIABLE FOR ANY KIND OF CLAIM, LOSS OR DAMAGE THAT ARISE FROM THE USE OF BANKPAY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT, STATUTE, STRICT LIABILITY OR OTHERWISE), EXCEPT TO THE EXTENT THAT THE LIMITATION OF LIABILITY CONTAINED HEREIN IS NOT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE AFORESAID, NEITHER WE, NOR OUR GROUP ENTITIES OR OUR RESPECTIVE BUSINESS PARTNERS, SUPPLIERS, CONTRACTORS OR STAFF SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, THIRD PARTY CLAIMS OR OTHER PECUNIARY LOSS ARISING OUT OF THE UNAVAILABILITY, DELAY IN DELIVERY OR RELIANCE ON THE SYSTEMS, SERVICES, PAYMENTS OR DATA TO BE PROVIDED) ARISING IN CONNECTION WITH OUR BANKPAY SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT, STATUTE, STRICT LIABILITY OR OTHERWISE, EXCEPT TO THE EXTENT THAT THE LIMITATION OF LIABILITY CONTAINED HEREIN IS NOT PERMITTED BY APPLICABLE LAW.
IF WE OR ANY OF OUR GROUP ENTITIES OR OUR RESPECTIVE BUSINESS PARTNERS, SUPPLIERS, CONTRACTORS OR STAFF IS HELD LIABLE TO YOU WITH RESPECT TO ANY CLAIM WHATSOEVER, THE MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO USD 5,000 (FIVE THOUSAND UNITED STATES DOLLARS) IRRESPECTIVE OF THE FORM (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY OR OTHERWISE) OF SUCH LEGAL ACTION, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS NOT PERMITTED BY APPLICABLE LAW.
All disputes pertaining to Payments processed via your Bankpay account will be determined in accordance with our Online Transaction Dispute Process that is accessible on our website at www.bankpayit.com and you accept that such determination will not be open to further review, save only that we may permit you to ask us to reconsider a decision if you have compelling new information to present to us or we made a clear and obvious mistake.
YOU ACKNOWLEDGE THAT THE TRANSACTION DISPUTE MECHANSISMS OF YOUR BANK AND PAYMENT CARD SCHEME WILL NOT APPLY TO YOUR DISPUTES WITH MERCHANTS REGARDING THE PAYMENTS MADE TO THEM USING BANKPAY AND YOU RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE ANY LEGAL PROTECTIONS THAT MAY LIMIT THE SCOPE OF THIS RELEASE (INCLUDING UNDER CALIFORNIA CIVIL CODE § 1542) TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If you have any other complaint regarding Bankpay, you may lodge such complaint directly with us by submitting it to us online via our website at www.bankpayit.com using our standard complaint form as may be provided to you. You may also contact us by writing to us at our business address as provided on our website at www.bankpayit.com, by emailing us at disputes@bankpayit.com or by calling us at +1 (917) 203-6330. Please do not include any sensitive information (e.g. bank account or card details) in your email correspondence with us.
You may lodge consumer complaints about Bankpay to the Consumer Financial Protection Bureau via their website at https://www.consumerfinance.gov/complaint/ or via telephone at 1-855-411-2372.
If you reside in New York you may also lodge complaints about Bankpay by writing to the Consumer Assistance Unit, NYS Department of Financial Services, One Commerce Plaza, Albany, NY 12257; or by telephone at 1-877-BANK-NYS (1-877-226-5697) or via their website at https://www.dfs.ny.gov/complaint.
If you reside in Florida, you may lodge complaints about Bankpay with the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.
If you reside in California you may lodge complaints about Bankpay with the California Department of Financial Protection and Innovation by writing to the Department of Financial Protection and Innovation, Attention: Consumer Services, 651 Bannon Street, Suite 300, Sacramento, CA 95811 or via their website at https://dfpi.ca.gov/submit-a-complaint/ or by telephone at 866-275-2677.