Welcome to yomigo.com, a unique payment processing service and business intelligence platform. Anyone who visits our site, whether a merchant, a customer seeking to pay for services, or just a visitor is a “user” of our site for the purposes of this contract.
Please read this entire document carefully, as it controls the terms under which you may access yomigo.com. This contract contains a mandatory arbitration clause which will waive your right to a trial in case of a dispute.
The Site is owned and operated by Yomigo, Inc., a District of Columbiaiiiiiii corporation. These terms and conditions form a legally binding contract between you and Yomigo, so read them very carefully. This contract spells out what you can expect from us and what we expect from you. In accessing, browsing, or using any area of the Site, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions set forth in this Contract.
We may make revisions to this contract from time to time. By using our site, you agree to be bound by any revisions and should therefore periodically visit this page to determine the then current version of this Contract to which you are bound. We will inform existing users when this Contract is revised by posting a Notice of Change on our homepage. Revisions will become effective immediately upon posting, unless they state otherwise. If you do not agree to the terms and conditions under this Contract, you must stop using the Site.
We require a similar contract between us and the customers. If you are using the yomigo.com widget through your website, you must include a link and click-wrap agreement with our customer terms and conditions in addition to any terms you may have with the customer. The click-wrap agreement must require the customer to affirmatively agree to our terms and conditions (usually through a check box).
Here’s how yomigo.com works:
- You post an event on yomigo.com or on your own site using our API.
- Customers will submit their share of the payment, and then include the emails of their friends who will be contributing.
- Their friends then pay their share through the links in their emails.
- All payments must be made at least 24 hours in advance of the scheduled event.
- Refunds require notice at least 24 hours in advance of the scheduled event.
- After the scheduled event, the customer will have 48 hours after the scheduled event to lodge a dispute.
- If there is no dispute after 48 hours, then we release the money to you, minus our commission. It’s that easy!
Yomigo.com PAYMENT SERVICES
- The customer agrees that the funds should be released to you within 48 hours after the expected service performance;
- 48 hours have passed with no response from the customer regarding payment; or
- Both parties have concluded the Dispute Resolution Process.
- All payments have been made through yomigo.com;
- All funds have cleared; and
- The applicable service charges are deducted.
- The deposit of sufficient funds to make the payment as well as applicable service charges; and
- Resolution of all outstanding disputes with respect to the invoice.
We deduct service fees from the total transaction amount, including Yomigo’s service fees for creating, hosting, maintaining, and providing the service; and payment processing fees Yomigo incurs to banks, credit card companies, Braintree, PayPal, and other payment processors. Fees are deducted directly from the funds posted through Braintree.com or Paypal.com before final payment to the merchant. When you register with us, you will select whether to (1) have our fees subtracted from the total price you charge to customers; or (2) pass our fees on to your customers through an additional service charge. For example, in the first instance, you would charge $100 to your customer for the service. The customers would pay that amount, and our services fees would be deducted from the $100, with the remainder sent to you. In the second instance, the customer would be charged $100 plus our service fee. We would then only deduct the service fee and send you the full $100. By engaging in a transaction with us you agree and permit us to remove the fees from the accounts. For your convenience, Braintree’s and PayPal’s payment processing fees are included in our commission. For more information regarding the fees currently charged by yomigo.com, you can visit the fees page here. These fees may change from time to time. It is your responsibility to check back often to ensure you understand the current service charges.
AUTHORIZED PAYMENTS ARE FINAL
For any amount you authorize for payment, you agree to pay that amount. Payments, once authorized, are final. When payment has been released to the merchant then, (1) we will have no liability to any party with respect to payment for such services, (2) you acknowledge that we have provided a complete service in respect of the payments; and (3) you release Yomigo from any and all liability with respect to such payment.
RELATIONSHIP WITH US
We are not your agent with respect to any funds transferred through our services. You must discharge and credit customers for all payments made by customers through our services. We do not have any control over the services invoiced or paid through our services. We do not control whether any user will actually complete a transaction. We are not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, or completion of any service or product paid for by the transaction. By using our payment services, you expressly acknowledge that (a) we are not acting as your trustee or a fiduciary; (b) we are not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the payment services are payment services rather than banking services; (c) we are not a bank and any payments transferred through our services are not insured deposits and are subject to default, loss, or forfeiture. Remember, the funds are directed to Braintree. We do not hold any money.
We reserve the right to seek reimbursement, and you agree to reimburse us, for any fraudulent transaction (like a stolen credit card), erroneous or duplicate transaction. You agree that we have the right to investigate any transactions for fraud, and agree to comply with any reasonable request from us to further that effort. We may suspend a withdrawal, or if the withdrawal has already been processed, may terminate the transaction or pursue any other legal remedies available to the Site to recover the funds. Any user whose transaction is terminated by us for Breach of this Contract will receive no credit or payment, and will become liable for our fees and costs.
Users are strongly encouraged to settle conflicts among themselves. If you are unable to settle the dispute, then either party may use the Braintree.com dispute resolution process, available here . By using yomigo.com, you expressly agree that you will rely on Braintree’s dispute resolution and not another service. Specifically, you may not file a dispute or reverse a payment through PayPal, your credit card, or your bank prior to resolving the matter through Braintree. Failure to comply may lead to transaction suspension to investigate possible security violations. If you have a dispute with us, then you must first inform us of the nature of the dispute in writing. Only if we are unable to reach an agreement may the matter proceed to arbitration.
We offer various services to Merchants who register with the site. By registering, you represent and warrant that you are over 18 years of age, are competent to enter into a binding contract, and meet all of the eligibility requirements. A registration account will allow you to receive pooled payments through yomigo.com. We will share this information with our third party payment processors. By registering, you agree to provide true, accurate, and complete information as prompted by the registration form, and to update this information as necessary to maintain its truthfulness, accuracy and completeness. In addition, by registering you agree to: 1. Comply with this contract and the policies and guidelines described throughout our site; 2. Be financially responsible for your use of the Site and the delivery of services; and 3. Perform the obligations required when you enter into any transaction, unless those obligations are prohibited by law or this contract.
USERNAME AND PASSWORD
During registration, you will need to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You authorize Yomigo to assume that any person using the site with your username and password is you or your authorized representative. If you suspect any unauthorized access to the Account, you must notify us immediately.
REGISTERED USER REPRESENTATIONS AND WARRANTIES
When registering for an account, you represent, warrant, and agree to the following: 2.2.1 You consent to us contacting you in order to deliver services, and to deliver marketing offers and news. 2.2.2 You will only grant Account access to authorized users to act on behalf of you and in accordance with this contract. You are fully responsible and liable for any action of any user who uses your Account. Further, you agree not to access another’s account without the express authorization of the other user. 2.2.3 You will not use any device, software, or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the site or any transaction being conducted through the site. You will not intercept or expropriate any system, data, or personal information from the site. Further, you shall not take any action that imposes an unreasonably large load on the site infrastructure, including spam. 2.2.4 You warrant that you have the right and authority to enter into this contract, and that you are using the site solely for the purpose of entering into a bona fide business transaction. 2.2.5 You warrant that you are not a resident, national of, or entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America. 2.2.6 You warrant that you are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”). 2.2.7 You agree that you will not use the site in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
TERM OF CONTRACT AND TERMINATION
TERM OF CONTRACT
This Contract is effective as of the date that you first access yomigo.com, and continues until your account is terminated by you or by us.
Unless otherwise agreed to in writing between the parties, either party may terminate this contract upon written notice to the other party. If you have pending transactions, you must legally terminate that transaction first before terminating this contract. You will remain bound by this contract until all transactions are completely closed. Upon successful termination, your Account may be automatically closed and all information related to the profile may be deleted. You may not have access to the data, messages, files, and any other materials posted on the site. Termination by you does not release you, any other user with whom you have entered into a contract, or Yomigo from any obligations incurred prior to termination or that may accrue due to any act or omission prior to termination. Yomigo will continue to perform the services necessary in order to complete any pending transactions. You will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Yomigo. Any terms or policies necessary to implement this section survive termination of this contract for any reason.
TERMINATION DUE TO BREACH OF CONTRACT
Your use of yomigo.com may be terminated if we determine that there has been a breach of this contract. Breach of this contract may occur any time you: (a) Breach the letter or spirit of any terms of this contract, or any written policies and procedures posted on the site; (b) We are unable to verify or authenticate any information you provide; or (c) We believe, in our sole discretion, that your actions may cause legal liability for you, any other user, or for Yomigo, or are contrary to the interests of the site. If we, in our sole discretion, determine that you have breached this contract, then we may issue a warning, temporarily suspend, permanently suspend, or terminate any Account associated with you. If your account is suspended or terminated, you may not continue to use the site under the same account, a different account, or register for a new account without our prior written consent.
CONSEQUENCES OF TERMINATION FOR BREACH OF CONTRACT
If your use is suspended or terminated for Breach of Contract, as outlined above, you are not entitled to any credit or payment from Yomigo. You must pay all outstanding fees and reimburse Yomigo for all losses and expenses, including Yomigo’s employee time and legal fees, related to the investigation of the breach and the collection of fees. In addition, without limiting Yomigo’s other remedies, if you take any actions that circumvent the site’s payment services or otherwise reduce fees owed to Yomigo under this contract, you must pay to Yomigo all fees owed. In addition, any Breach of Contract may be pursued to the fullest extent of the law, resulting in additional penalties and sanctions. In the event of suspension or termination, you will have no claim whatsoever against Yomigo regarding the suspension or termination of the Account. You understand and agree that Yomigo’s damages from a Breach of Contract will be substantial and may include fines and expenses from its payment processors and payees, loss of future revenue, or harm to Yomigo’s reputation, and it may be extremely difficult to determine actual damages. Therefore, you agree that Yomigo may fine you up to $3,000.00 for each Breach of Contract and may take any legal action deemed necessary to recover the losses that are in excess of the amount charged. You agree that $3,000.00 is a fair and reasonable minimum estimate of Yomigo’s damages in case of a future breach, based on what the parties currently know. You agree that this amount is not a penalty or punishment for breaching the contract. You expressly agree that Yomigo is entitled to deduct any fees, losses, expenses, and fines noted above directly from the balance of your Account, or any other Account on the Site owned by you. In addition, you agree that Yomigo has the right, but not the obligation, to notify other users engaged in work with you of the suspension or termination and provide them with summary reasons for the action.
SURVIVAL OF CLAUSES
Section 1 (Payment Services) and section 6 (Miscellaneous) of this contract survive termination.
RELATIONSHIP BETWEEN USERS AND YOMIGO
Yomigo is not a party to any part of the dealings between merchants and customers. Yomigo, through the site, simply offers services assisting customers to pool their funds with other customers and transfer that money to pay for merchant services. Yomigo does not introduce users, or help merchants find customers. We are not required to verify any information provided by customers or merchants, and do not conduct any background checks. Any information provided by us about a merchant is based on information provided by that merchant. We are not responsible for and do not control the manner in which merchants and customers operate. All users must look solely to each other for enforcement and performance of all rights and duties arising from the transaction. Neither use of yomigo.com nor this contract will be construed as creating any relationship or agency, franchise, partnership or joint venture between Yomigo and any user, except as expressly stated in this contract.
YOMIGO AS THIRD PARTY BENEFICIARY
You agree that the value, reputation, and goodwill of yomigo.com depends on the performance of this contract and the transactions. Therefore, you appoint Yomigo as a third-party beneficiary of any transaction for purposes of enforcing the obligations and benefits conferred on Yomigo by the transaction. You further agree that Yomigo has the right to take such actions with respect to the transaction, including without limitation suspension, termination, or legal actions, as Yomigo in its sole discretion deems necessary.
You are solely responsible for payment and reporting of your taxes. Yomigo is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree to comply with any and all applicable state and federal tax statutes, regulations and common law. If Yomigo receives any notice of non-compliance from the Internal Revenue Service (IRS), Yomigo will consider such notice evidence of a breach of this section and will suspend your activity until the IRS issues a release.
RELATIONSHIP BETWEEN USERS
The goods and services which are the subject of the transaction are between the customers and merchants. Yomigo is a party for the limited purposes of facilitating payment pursuant to this contract. You agree not to enter into any agreement in conflict with this contract; and any provision in conflict with this contract is void. If you suffer from a breach of obligations due to you from another user, you are solely responsible for enforcing you own rights. Yomigo has no responsibility for enforcing any user’s rights. Depending on the jurisdiction, you may have rights that cannot be lawfully excluded or waived. Nothing in this contract is intended to override any rights that may not be excluded by law, but does serve to limit Yomigo’s liability to the maximum extent permitted by law.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND EXCLUSIONS
DISCLAIMER OF WARRANTIES
YOMIGO.COM AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND ‘‘AS AVAILABLE” BASIS. YOMIGO MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOMIGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOMIGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. The information contained on the Site is for public use and information only. You assume the risk of using or relying on such information. Yomigo, its agencies or employees, may not be held liable for any improper or incorrect use of the information contained on the Site, and assumes no responsibility for anyone’s use of the information. Yomigo is not responsible for any offers, products, services, statements, information, or content made available by third parties and provided by any off-site page referenced on this Site by link. Although the data found using the Site has been produced and processed from sources believed to be reliable, portions of such information may be incorrect or not current. The documents and related graphics published on this server could contain technical inaccuracies or typographical errors. Relying on information contained on these sites is done at your own risk. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, homepages, and files are reorganized. Yomigo may make improvements or changes in the information and programs described herein at any time. Reasonable efforts are made to keep the Site available for use; however access is not guaranteed and Yomigo does not warrant that the service will be uninterrupted or error free. This Site is not guaranteed to be free of all viruses and technical defects of any description. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Site.
LIMITATION OF LIABILITIES
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, MAY YOMIGO OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (“LOSSES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO LOSSES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SITE OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, IN NO EVENT WILL YOMIGO’S LIABILITY FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS CONTRACT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY THE SITE FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You expressly release Yomigo, its officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute with another user.
You are responsible for the creation, storage, and backup of business records. This contract and any registration for or subsequent use of yomigo.com will not be construed as creating any responsibility on Yomigo to store, backup, retain, or grant access to any information or data for any period. You agree to defend, indemnify and hold harmless Yomigo, its related entities, affiliates, and respective officers, directors, agents, and employees, from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this contract or your violation of any law or the rights of a third party.
THIRD PARTY CONTENT
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree: (a) that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources; (b) that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource; and (c) that we are not responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the site listings or search results, or that is otherwise provided to us by third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
This contract, the rights and obligations of the parties, and any claims or disputes, must be construed in accordance with the laws of the District of Columbia.
6.2 ARBITRATION – READ CAREFULLY AS THIS SECTION WAIVES YOUR RIGHT TO A TRIAL IN CASE OF DISPUTE WITH Yomigo.COM
6.2.1 Arbitration. All disputes under this contract must be settled pursuant to binding arbitration under the rules of the American Arbitration Association (“AAA”) before a single arbitrator in the District of Columbia. Parties waive any right to adjudicate the dispute in any other court or forum, except that a party may seek interim relief before the start of Arbitration as allowed under the AAA Rules. The parties must abide by any decision in the arbitration and any court having jurisdiction may enforce it. The prevailing party will be entitled to recover reasonable attorney fees and costs. 6.2.2 Delegation Clause. The Arbitrator and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this contract including, but not limited to any claim that all or any part of this contract is void or voidable. 6.2.3 No Class Actions. You may only resolve disputes with yomigo.com on an individual basis. You may not bring any claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited.
You may not assign your rights or obligations hereunder. Company may freely assign its rights and obligations hereunder.
Except for the payment of fees to the Site, neither of the parties to this Contract are responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
This Contract is the entire contract of the parties and supersedes any prior or contemporaneous contracts between them, whether written or oral, with respect to the subject matter hereof.
If a court finds any provision of this Contract invalid or unenforceable, the remainder of this Contract shall be interpreted so as best to affect the intent of the parties.
STATE SPECIFIC LEGAL NOTICE
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: yomigo.com, located in the District of Columbia, is the provider of the electronic commercial service on the Site. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Contract sent to you by email. Please feel free to contact yomigo.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at [email protected].
FAILURE TO ENFORCE RIGHTS
The failure of either party to enforce its rights under this Contract at any time for any period will not be construed as a waiver of such rights.
Whenever notice is required to be given under any provision of this Contract, such notice may be given electronically via facsimile, email, text message, or any other written form, and shall have the same force and effect of any other written form of communication. If you have questions regarding this Contract or wish to report violations of the terms of this Contract, please contact us: Email: [email protected]