We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, 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 the Policy Updates page of our website.
This is an important document which you must consider carefully when choosing whether to use the "eMoneyGifts.com" Services. Please be advised: This Agreement contains provisions that govern how legal claims you and we have against each other are resolved. Those dispute-resolution provisions contain an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate within 30 Days after the date you accept the User Agreement for the first time. Unless you opt out: (1) you will only be permitted to pursue claims against "eMoneyGifts.com" on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Please note the following risks of using the "eMoneyGifts.com" Services, which are set forth in more detail in the relevant sections of this Agreement:
Payments received in your Account may be reversed at a later time, for example, if such a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that for some of our Sellers, payments received into their Account may be returned to the sender or otherwise removed from their Account after they have been paid and/or delivered any goods or services sold.
We may close, suspend, or limit your access to your Account or the "eMoneyGifts.com" Services, and/or limit access to your Balance for up to 180 Days (or longer if pursuant to a court order or other legal process) if you violate this Agreement, the "eMoneyGifts.com" Acceptable Use Policy, any other agreement you enter into with "eMoneyGifts.com", or as otherwise specified in this Agreement or other agreement you have entered into with "eMoneyGifts.com". We may also use proprietary fraud and risk modeling when assessing the risk associated with your Account.
CONSUMER FRAUD WARNING: We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:
Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us at 1-888-221-1161 or 1-402-935-2050 if calling outside the USA.
This policy describes how "eMoneyGifts.com" communicates with you electronically, provides additional detail about the Communications we provide you, and sets out the hardware and software you need to receive these Communications.
We will provide these Communications to you by posting them on the "eMoneyGifts.com" website and/or by emailing them to you at the primary email address listed in your "eMoneyGifts.com" Account Profile.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from "eMoneyGifts.com". 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.
You may withdraw your consent to receive Communications electronically by writing to us at "Attn: Electronic Communications Delivery Policy, P.O. Box 45950, Omaha, NE 68145-0950, or by contacting us via the “Contact" or "Contact Us" link at the bottom of each page of the "eMoneyGifts.com" website. If you fail to provide or if you withdraw your consent to receive Communications electronically, "eMoneyGifts.com" reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account and any sub-account (such as a Student Account), or charge you additional fees for paper copies.
After you consent to receive Communications electronically, you may withdraw your consent to receive IRS Form 1099-K electronically by contacting us as described above. You will continue to receive all your other Communications electronically, but we will send your Form 1099-Ks to you by U.S. mail.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 Days after the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your “Home" address in your "eMoneyGifts.com" Account Profile. If you request paper copies, you understand and agree that "eMoneyGifts.com" may charge you a Records Request Fee for each Communication. The Records Request Fee will not be charged if you request a Form 1099-K in paper form; for all other Communications, the Records Request Fee is set out in Section 8 of the User Agreement.
It is your responsibility to keep your primary email address up to date so that "eMoneyGifts.com" can communicate with you electronically. You understand and agree that if "eMoneyGifts.com" sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, "eMoneyGifts.com" will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add "eMoneyGifts.com" to your email address book so that you will be able to receive the Communications we send to you.
You can update your primary email address or street address at any time by logging into the "eMoneyGifts.com" website. If your email address becomes invalid such that electronic Communications sent to you by "eMoneyGifts.com" are returned, "eMoneyGifts.com" may deem your Account to be inactive, and you will not be able to transact any activity using your "eMoneyGifts.com" Account until we receive a valid, working primary email address from you.
1.1 "eMoneyGifts.com" is Only a Payment Service Provider. "eMoneyGifts.com" helps you send money to third parties. "eMoneyGifts.com" is an independent contractor for all purposes, and is not your agent or trustee. "eMoneyGifts.com" does not have control of, or liability for, the products or services that are paid for with the "eMoneyGifts.com" Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.
1.3 Privacy of Others; Marketing. If you receive Information about another User through the "eMoneyGifts.com" Services, you must keep the Information confidential and only use it in connection with the "eMoneyGifts.com" Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
You may not send unsolicited email to a User or use the "eMoneyGifts.com" Services to collect payments for sending, or assisting in sending, unsolicited email to third parties.
1.4 Intellectual Property. ""eMoneyGifts.com".com", ""eMoneyGifts.com"", and all logos related to the "eMoneyGifts.com" Services are either trademarks or registered trademarks of "eMoneyGifts.com" or "eMoneyGifts.com"'s licensors. You may not copy, imitate or use them without "eMoneyGifts.com"'s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of "eMoneyGifts.com". You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by "eMoneyGifts.com" through our Merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the "eMoneyGifts.com" Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to "eMoneyGifts.com" or the "eMoneyGifts.com" Services or display them in any manner that implies "eMoneyGifts.com"'s sponsorship or endorsement. All right, title and interest in and to the "eMoneyGifts.com" website, any content thereon, the "eMoneyGifts.com" Services, the technology related to the "eMoneyGifts.com" Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of "eMoneyGifts.com" and its licensors.
1.5 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without "eMoneyGifts.com"'s prior written consent. "eMoneyGifts.com" reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1.6 Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the "eMoneyGifts.com" Services. If you use a "eMoneyGifts.com" Payment Card, you should also carefully safeguard this card. You are responsible for keeping your mailing address and email address up to date in your Account Profile.
1.7 Notices to You. You agree that "eMoneyGifts.com" may provide you Communications about your Account and the "eMoneyGifts.com" Services electronically as described in our Electronic Communications Delivery Policy. Any electronic Communications will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Any Communications sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.
1.8 Notices to "eMoneyGifts.com". Except as otherwise stated above in the Electronic Communications Delivery Policy, and below in Section 12 (Resolution Procedures for Unauthorized Transactions and Other Errors) and Section 14 (Disputes with "eMoneyGifts.com"), notice to "eMoneyGifts.com" must be sent by postal mail to: "eMoneyGifts.com", Inc., Attention: Legal Department, 2211 North First Street, San Jose, California 95131.
1.9 Account Statement. You have the right to receive an Account statement. You may view your Account statement by logging into your Account.
1.10(a) Contacting You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number(s) you have provided us. We may place such calls or texts to (i) provide notices regarding your Account or Account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We and our service providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent.
1.10(b) Your Choices. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use and enjoy "eMoneyGifts.com"’s products and services. Where "eMoneyGifts.com" is required to obtain your consent for such communications, you may choose to revoke your consent by contacting customer support at 1-844-629-9108 and informing us of your preferences.
1.11 Recording Calls. You understand and agree that "eMoneyGifts.com" may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with "eMoneyGifts.com" or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with "eMoneyGifts.com" may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by "eMoneyGifts.com", and "eMoneyGifts.com" does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
2.1 Eligibility. To be eligible to use the "eMoneyGifts.com" Services, you must be at least 18 years old and a resident of the United States or one of the countries listed on the "eMoneyGifts.com" WorldWide page. This Agreement applies only to Users who are residents of the United States. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.
2.2 Personal and Business Accounts; Types of Transactions. We offer the following types of Accounts: Personal and Business Accounts. By opening a Business Account and accepting the terms as outlined in this Agreement, you attest that you are not establishing the Account primarily for personal, family, or household purposes.
You may send money from, and receive money into, your Account, as described in more detail in Section 3 (Sending Money) and Section 4 (Receiving Money). You may also add money to your Balance using an available Payment Method, as described in more detail in Section 3, and withdraw money from your Balance, as described in more detail in Section 6 (Withdrawing Money).
2.3 Identity Authentication. You authorize "eMoneyGifts.com", directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain "eMoneyGifts.com" Services, federal law requires that "eMoneyGifts.com" verify some of your Information. "eMoneyGifts.com" reserves the right to close, suspend, or limit access to your Account and/or the "eMoneyGifts.com" Services in the event we are unable to obtain or verify this Information.
2.4 Credit Report Authorization. If you open a Business Account, you are providing "eMoneyGifts.com" with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain your personal and/or business credit report from a credit bureau. You are also authorizing "eMoneyGifts.com" to obtain your personal and/or business credit report: (a) when you upgrade your Personal Account to a Business Account, (b) when you request certain new products, such as the "eMoneyGifts.com" Debit Card, or (c) at any time "eMoneyGifts.com" reasonably believes there may be an increased level of risk associated with your Business Account.
2.5 Third Party Permissions. If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Account, either through your use of the third party's product or service or through your Account Profile, you acknowledge that "eMoneyGifts.com" may disclose the information about your Account that is specifically authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold "eMoneyGifts.com" responsible for, and will indemnify "eMoneyGifts.com" from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time by changing your settings in your Account Profile.
3.1 Sending Limits. We may, at our discretion, impose limits on the amount of money you can send through the "eMoneyGifts.com" Services, including money you send for purchases. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.
3.2 Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, "eMoneyGifts.com" will fund your transaction in this order:
b. Instant Transfer from your bank account
c. "eMoneyGifts.com" Credit
d. "eMoneyGifts.com" Cards
e. Debit card
f. Credit card
Note: If you do not want to use your Balance, you can withdraw it before making a payment.
3.3 Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except when making a Preapproved Payment, a No Log-In Payment, or an In-Store Checkout payment. Certain funding sources may not be available for certain products; if there are funding source limitations, these will be disclosed to you as part of your transaction flow for the specific product in question. For a Preapproved Payment or, in most instances, a No Log-In Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and/or through the My Preapproved Payments section of your Account Profile (it may be called "Backup Payment Method"). For In-Store Checkout payments, you may change your Preferred Payment Method in your Account Profile prior to initiating your transaction.
If you select a Preferred Payment Method but have available Balance in your Account, your Balance will be used to fund your payment first. If you set "eMoneyGifts.com" Credit, "eMoneyGifts.com" Cards or eCheck as your Preferred Payment Method in your Account Profile, it will be used to fund your "eMoneyGifts.com" payments first, even if you have a Balance.
3.4 Payment Method Limitations. In order to manage risk, "eMoneyGifts.com" may limit the Payment Methods available for a transaction. In addition, Payment Methods may be limited if you make a "eMoneyGifts.com" payment through certain third party websites or applications. For "eMoneyGifts.com" Business Payments, you are limited to funding your "eMoneyGifts.com" payment with either (or both) your Balance or by eCheck. In all such cases, you may choose to continue with the transaction with the understanding that you may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory.
3.5 Bank Transfers. When you use your bank account as your Payment Method for any transaction or to initiate an Add Money transaction, you are requesting an electronic transfer from your bank account. For these transactions, "eMoneyGifts.com" will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your authorization to "eMoneyGifts.com" to make the transfers. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer. For Pay After Delivery transactions please see Section 3.14. You give "eMoneyGifts.com" the right to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds.
3.6 Refused and Refunded Transactions. When you send money, the recipient is not required to accept it. You agree that you will not hold "eMoneyGifts.com" liable for any damages resulting from a recipient's decision not to accept a payment made through the "eMoneyGifts.com" Services. Any unclaimed, refunded or denied payment will be returned to your Balance or to the original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated payment.
3.7 Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate, which will include the Currency Conversion spread described in Section 8 (Fees), will be determined at the time the Merchant processes your payment and completes the transaction.
3.8 Preapproved Payments. A Preapproved Payment, including an In-Store Checkout payment, is a payment in which you authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments", "preauthorized transfers" or "automatic payments". Within 2 Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email. The following applies to any Preapproved Payments you make:
3.9 Accuracy of Information. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient and the amount of the transaction.
3.10 "eMoneyGifts.com" Mobile. "eMoneyGifts.com" Mobile allows you to access certain "eMoneyGifts.com" Services through your mobile phone. "eMoneyGifts.com" Mobile is not available in all countries. If you use "eMoneyGifts.com" Mobile, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of the "eMoneyGifts.com" Services.
3.11 Debit Card Processing. "eMoneyGifts.com" will process your debit card funded transactions through either the ATM debit network or the Visa/MasterCard network. If we process your debit card through an ATM debit network, we may provide you with the opportunity to switch to a Visa or MasterCard network by changing your preferences for that debit card in your Account Profile. If you use your "eMoneyGifts.com" Debit Card for a payment that is not in U.S. Dollars, your transaction will be funded with your U.S. Dollar Balance, even if you have a Balance in another currency. Any required currency conversion will be performed by Visa, MasterCard, or a similar third party and may be subject to a fee by that third party.
3.12 Credit Card Information. If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your Account.
3.13 Digital Goods Micropayment Purchases. If you purchase Digital Goods from certain Merchants using "eMoneyGifts.com", we may offer you the option to pay for those goods at a later date, at no additional cost to you ("Post Payment Option"). We may offer you this option at our discretion, which we may revoke at any time. The Post Payment Option is only enabled if you have no Balance in your Account. The amounts you pay using the Post Payment Option will be deducted from your Account no more than 21 Days following your initial purchase, or when your Digital Goods purchases using the Post Payment Option reach a certain amount that is no more than $25.00 USD, whichever is earlier. This date and amount will be stated in your transaction details shown under your History in the “My Account" tab or in the Account activity in the "Summary" and “Activity" tabs of your Account. If you use the Post Payment Option but subsequently change your settings through your Account Profile to pay for these purchases at the time you make them, you will not be able to switch back to the Post Payment Option for a period of 6 months.
3.14 Pay After Delivery ("PAD"). The Pay After Delivery payment option allows qualifying buyers to purchase eligible items and wait up to 14 days to pay for them. The PAD payment option is only available for eligible purchases under $10,000.00 and is not available to all buyers. In order to use PAD, qualifying buyers must have a valid checking or other qualifying account at a bank which is linked to their "eMoneyGifts.com" Account and identified as their primary bank account from which funding transfers may be withdrawn; if there is no valid linked bank account then PAD will not be available, even if the qualifying buyer has used PAD before. Where a buyer and item purchased are eligible for PAD, which shall be determined in "eMoneyGifts.com"'s sole discretion, buyer may choose the PAD payment option at the time of purchase. Although "eMoneyGifts.com" will not impose a fee for a buyer's use of PAD, it is possible a third party, such as the financial institution holding the primary bank account, may impose a fee in connection with the payment or purchase, in addition to the amount of the transaction.If buyer selects PAD as the payment method:
"eMoneyGifts.com" has the right, at any time and in its sole discretion, to terminate, cancel, suspend or modify the PAD payment option, qualifications or eligibility for PAD, or any buyer's ability to use PAD.3.15 In-Store Checkout.>
3.16 Special Offers. You may receive promotional offers from "eMoneyGifts.com", such as coupons, Merchant Specific Promotional Balances and other deals (together, "Offers") that can be applied to purchases you make at participating stores and websites using your "eMoneyGifts.com" Account.
The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
As required by California law, a married applicant may apply separately for credit.
4.1 Receiving Personal Payments. If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase. If you do so, "eMoneyGifts.com" may remove your ability to accept Personal Payments.
4.2 Payment Review. Payment Review is a process by which "eMoneyGifts.com" reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, "eMoneyGifts.com" will place a hold on the payment and provide notice to the Seller to delay shipping of the item. "eMoneyGifts.com" will conduct a review and either clear or cancel the payment. If the payment is cleared, "eMoneyGifts.com" will provide notice to the Seller to ship the item. Otherwise, "eMoneyGifts.com" will cancel the payment and the funds will be returned to the buyer. All payments that clear Payment Review will be eligible for "eMoneyGifts.com" Seller protection coverage if they meet the "eMoneyGifts.com" Seller protection requirements. "eMoneyGifts.com" will provide notices to you by email and in the “History" or “Activity" tab of your Account.
4.3 Risk of Reversals, Chargebacks and Claims. When you receive a payment, you are liable to "eMoneyGifts.com" for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Section 8 (Fees) of this Agreement if you lose a Claim or a Chargeback or if there is a Reversal of the payment. You agree to allow "eMoneyGifts.com" to recover any amounts due to "eMoneyGifts.com" by debiting your Balance. If there are insufficient funds in your Balance to cover your liability, you agree to reimburse "eMoneyGifts.com" through other means. If a sender of a payment files a Chargeback, the credit card issuer, not "eMoneyGifts.com", will determine who wins the Chargeback.
4.4 Refund and Reversal Currencies. All refunds and reversals will be made in the same currency as the original transaction. If your transaction must be refunded or reversed and you do not have the correct currency available in your Balance, a currency conversion will be performed.
4.5 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting "eMoneyGifts.com" as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-"eMoneyGifts.com" transactions.
4.6 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. "eMoneyGifts.com" is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. You acknowledge that "eMoneyGifts.com" will report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all the Accounts you own if you receive into these Accounts (i) more than $20,000 in payments for goods or services and (ii) receive more than 200 payments for goods or services in the same calendar year.
4.7 Receiving Payments from Student Accounts. "eMoneyGifts.com" may block your ability to receive payments from Student Accounts if you sell goods or services that may be illegal for minors to purchase under any applicable laws or regulations. This includes, but is not limited to, alcohol, tobacco or adult-oriented materials.
If you receive Preapproved Payments, you must comply with the following requirements:
4.10 No Log-In Payments. If you receive No Log-In Payments you must receive your buyer’s Authorization for the payment amount prior to submitting the No Log-In Payment.
4.11 Micropayments for Digital Goods. To qualify to receive Micropayments for Digital Goods, you must submit an application, be approved by us, and have an Account in good standing. By applying for Micropayments for Digital Goods, you agree that for Digital Goods transactions you receive up to the amounts in the table below, if a buyer opens a Dispute, "eMoneyGifts.com" may reverse the transaction, and remove the funds from your Account without requiring the buyer to escalate the Dispute to a Claim.
Each buyer will be limited to a maximum of three such reversals per month and after reaching this limit will be required to follow "eMoneyGifts.com"’s standard dispute resolution process for any additional Disputes they file.
4.12 "eMoneyGifts.com" Business Payments. If you offer "eMoneyGifts.com" Business Payments in a payment flow, you shall not offer any other "eMoneyGifts.com"-branded payment option in the same flow.
4.13 Card Not Present Transactions. Except for "eMoneyGifts.com" Debit Card transactions, you acknowledge that all debit or credit card funded transactions from a buyer’s Account are processed as “card not present" transactions, even where the buyer is at the physical point of sale. Under the card association rules, a buyer has different Chargeback rights for “card not present" transactions than for transactions where the buyer physically presents the card to the seller.
4.14 Mobile In-Store Payments. If you receive Mobile In-Store Payments you must communicate the amount of the transaction to the customer before the transaction takes place. You may charge your customer’s "eMoneyGifts.com" account only for transactions that they have authorized. You must also provide customers with a physical receipt if they request one. You agree that any transaction that you submit shall have an accurate and true description of the goods and services being purchased.
4.15 "eMoneyGifts.com" Advertising Program: The "eMoneyGifts.com" Advertising Program enables qualifying Merchants to place "eMoneyGifts.com"-hosted banners and buttons promoting "eMoneyGifts.com" Services and/or "eMoneyGifts.com" Credit (“Advertising Banners") on their websites, in their customer emails, and on their eBay stores.
If you participate in the "eMoneyGifts.com" Advertising Program, you must comply with the following requirements:
If you present Advertising Banners that include "eMoneyGifts.com" Credit messaging, you must also comply with the following, additional requirements:
5.1 Balances. You do not need to maintain a Balance in your Account in order to make or receive payments. If you do hold a Balance, that Balance represents an unsecured claim against "eMoneyGifts.com" and is not insured by the FDIC. "eMoneyGifts.com" will combine your Balance with the Balances of other Users and will invest those funds in liquid investments in accordance with State money transmitter laws. "eMoneyGifts.com" will own the interest or other earnings on pooled Balances. "eMoneyGifts.com" will hold pooled Balances separate from its corporate funds and will not use Balances for its operating expenses or for any other corporate purposes. "eMoneyGifts.com" will not voluntarily make Balances available to its creditors in the event of bankruptcy. In addition, the issuer of the "eMoneyGifts.com" Debit Card, which is The Bancorp Bank, holds debit card customer balances in a pooled account held in the debit card issuer’s name for the benefit of "eMoneyGifts.com" debit card users.
5.2 Negative Balances and Multiple Currencies. If your Account has a negative Balance, "eMoneyGifts.com" may deduct amounts you owe "eMoneyGifts.com" from money you subsequently add or receive into your Account. If you have multiple currency Balances in your Account and one of the currency Balances becomes negative for any reason, "eMoneyGifts.com" may set off the negative Balance by using funds you maintain in a different currency Balance. If you have a negative balance in non-U.S. Dollars for a period of 21 Days or longer, "eMoneyGifts.com" will convert this negative Balance to U.S. Dollars. If you open more than one Account, "eMoneyGifts.com" may set off the negative Balance in one Account by using any Balance that you maintain in your other Account(s). In the event that a negative Balance is offset by "eMoneyGifts.com" pursuant to this paragraph, it may be bundled with another debit coming out of your Account.
5.3 Risks of Maintaining Balances in Multiple Currencies. You are responsible for all risks associated with maintaining Balances in multiple currencies. You agree that you will not attempt to use multiple currencies for speculative trading.
5.4 Setoff of Past Due Amounts. If you have a past due amount owed to "eMoneyGifts.com", an Affiliate or eBay, Inc., "eMoneyGifts.com" may debit your Account to pay any amounts that are more than 180 Days past due.
5.5 Security Interest. To secure your performance of this Agreement, you grant to "eMoneyGifts.com" a lien on and security interest in and to the Balances in your Account in the possession of "eMoneyGifts.com".
6.1 How to Withdraw Money. You may withdraw funds from your Account by electronically transferring them to your bank account, requesting a physical check through the mail, or using your "eMoneyGifts.com" Debit Card (eligible Users only). Funds may only be withdrawn in US Dollars. If you request a physical check, you will be charged the Withdrawing your Balance Fee as set out in Section 8. Generally, we will send checks only to Confirmed Addresses, unless you have a Verified Account. We will not send checks to P.O. Boxes. If you would like us to send a check to an address that does not meet these criteria, you must contact Customer Service and provide the documentation that we request to verify your association with the address. If you fail to cash a check within 180 Days of the date of issuance, we will return the funds to your Balance but we will retain the Withdrawing your Balance Fee.
6.2 Withdrawal Limits. Depending on the degree to which you have Verified your Account, we may limit the amount you may withdraw to $500.00 USD per month. You can view your withdrawal limit, if any, by logging into your Account. In addition, we may delay withdrawals of large sums of money while we perform a risk review.
7.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any Balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your Balance prior to closing your Account. If you have a pending PAD payment, we will not close your Account until that payment has been made, but we may limit your ability to make additional transactions using your Account.
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 hold your Balance for up to 180 Days to protect "eMoneyGifts.com", its affiliates, or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed. You may not close your Account if you have an open "eMoneyGifts.com" Credit Account linked to your Account; however, your Account may be restricted at your request so it is only open to enable you to service your "eMoneyGifts.com" Credit Account online.
7.3 Escheatment of Dormant Accounts. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by logging into your account and going to the Notifications section and updating your preferences, or by following the directions that may be provided within the communication or advertisement.
We respect your communication preferences. If you no longer wish to receive notifications via our application, you can adjust your preferences by visiting the settings page of the application.
When you access our website or use “eMoneyGifts.com” Ser