IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR AND USE GADA® MOBILE SECURE PAY SERVICES (THE "SERVICE").
EFFECTIVE DATE: FEBRUARY 1, 2014
THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THIS SERVICE ARE MORE LIMITED THAN THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THE GADA® MOBILE SECURE PAY ONLINE WEBSITE.
BY REGISTERING FOR AND/OR BY USING THE SERVICE, YOU CONFIRM THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND ALL OTHER AGREEMENTS, TERMS, AND CONDITIONS THAT GOVERN YOUR CHECKING ACCOUNT(S) USED WITH GADA® MOBILE SECURE PAY, INCLUDING, WITHOUT LIMITATION, GADA® MOBILE SECURE PAY’S ACCOUNT TERMS AND CONDITIONS BROCHURE, THE GADA® MOBILE SECURE PAY’S ELECTRONIC TERMS OF ACCESS AGREEMENT AND THE GADA® MOBILE SECURE PAY’S PRIVACY AGREEMENT , ALL AS MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, THE "TERMS AND CONDITIONS"). GADA® MOBILE SECURE PAY’S ACCOUNT TERMS AND CONDITIONS BROCHURE CAN BE ACCESSED ON WWW.GADAPAY.COM UNDER LEGAL. THE GADA® MOBILE SECURE PAY ELECTRONIC TERMS OF ACCESS AGREEMENT AND THE GADA® PRIVACY AGREEMENT CAN BE ACCESSED ON THE GADA® MOBILE SECURE PAY ONLINE WEBSITE BY CLICKING ON THE “LEGAL” LINK ON THE BOTTOM OF EACH WEBSITE PAGE.
YOU MUST REGISTER FOR THE SERVICE THROUGH YOUR MOBILE DEVICE. BY REGISTERING FOR THE SERVICE, YOU WILL BE TAKEN TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY AS IF YOU HAVE SIGNED A PRINTED VERSION AND YOU WILL BE BOUND BY THEM AND THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE.
YOU SHOULD READ IMPORTANT DISCLOSURES AND DISCLAIMERS WHICH CAN BE FOUND, INCLUDING, WITHOUT LIMITATION, IN THE TERMS AND CONDITIONS, ON THE GADA® MOBILE SECURE PAY WEBSITE, AND BY CLICKING ON THE 'IMPORTANT DISCLOSURES AND DISCLAIMERS' LINK AT THE BOTTOM OF THE HOME PAGE.
In these terms and conditions, "we", "our" and "us" mean GADA Secure Pay Inc. and "you" and "your" mean the individual who is using the Service. These terms and conditions apply to your use of the Service (including, for greater certainty, GADA® SECURE PAY’s mobile check-writing and sending application software), and any information contained therein. If you do not agree with any of the terms set out herein, you should not use the Service, and if you have already installed GADA® SECURE PAY’s application software (the “Application”), you should uninstall the Application from your mobile device.
1. The Application As consideration for your continuing compliance with and agreement to be bound by the Terms and Conditions, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Application (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to access your account(s) at GADA® SECURE PAY from your mobile device, subject to the Terms and Conditions.
You understand, acknowledge and agree that:
1. you must have a valid, active and funded checking account in good standing at the banking institution of your choice;
2. you must be at least 18 years of age to use this application and if using an account of parents or another, be authorized to do so and hold harmless GADA® Secure Pay;
3. you must have a CHECKING ACCOUNT to use GADA® Secure Pay and it will NOT work using the account number of a traditional banking account that is not set up as a checking account.
4. this mobile app is dependent on the routing and checking account numbers entered by you and any mistakes will affect the ability of the check created to be processed by the payee’s bank.
5. it is a Federal offense, possibly a felony, to issue any check, including that which is created by GADA® Secure Pay from a fraudulent account or knowingly issue a payment/check for an amount known not to exist in your bank checking account.
6. you alone will be responsible for maintaining a sufficient balance in your checking account to allow for your payments and should not rely on the account balance feature as this may not accurately represent your actual bank balance since it is defined by your “starting balance” entry as well as auto debits and other transactions affecting the account. Errors within the Service may occur as well.
7. you alone will be responsible for amounts entered on payments issued via GADA® Secure Pay and hold GADA Secure Pay Inc. harmless for errors in entry or execution of such Service.
8. when using a “schedule payment” or “group pay” feature you are creating a function of the Service that will pay based on a schedule created by you or pay a group simultaneously as instructed by you and you alone.
9. you may only use the Application on mobile devices that are authorized and intended by GADA® Secure Pay as being eligible to receive and run the Service;
10. you will only use the Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you;
11. you will at all times comply with and be bound by the Terms and Conditions;
12. you will at all times comply with (and your use of the Service and the Application will at all times be in compliance with) all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations, and you will not knowingly allow any other party to use the Service or the Application for or in connection with any illegal purpose or activity. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations. It is your responsibility to comply with all local laws, rules and/or regulations;
13. you may only use the Application for the purpose of accessing GADA® Secure Pay services and for no other purpose whatsoever;
14. the Application is licensed only to you in accordance with the terms hereof and for the limited purposes set out herein;
15. you will compensate us in respect of any damages suffered by us and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively, the “Claims”) from any third party in relation to any matters arising out of or in any connected with: (a) your use of the Service, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you;
16. use of the Service (including the Application) is at your own risk and you are solely responsible for the use of any data, information or services obtained through the use of the Service, and any losses that may result;
17. the Service is provided as a convenience to you. The information accessible through the Service is more limited than the information available through your banking institution or through your official account documentation, and does not constitute an official checking record for the checking account(s) to which it pertains;
18. you will comply at all times with all technical and security requirements which we establish regarding the Service; and
19. in the event that you fail to comply with the Terms and Conditions or your account(s) at GADA® Secure Pay are closed, all rights granted to you in relation to the Application and the Service shall immediately come to an end and you will immediately destroy all copies of the Application.
20. You are responsible for all data charges you incur through use of GADA® Secure Pay.
21. We reserve the right to modify or terminate GADA® Secure Pay or your access to GADA® Secure Pay for any reason, without notice, at any time, and without liability to you. You can deactivate your GADA® Secure Pay account by logging into GADA® Secure Pay and completing the applicable form.
You will not:
1. alter, modify, adapt or translate the whole or any part of the Application, or any other computer software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part;
2. merge the Application or any component thereof into any other programs or create derivative works based on any component of the Application;
3. use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof;
4. license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application or the Service in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Application or the Service, or any part thereof, or the information contained therein, to any other party;
5. copy the Application or the information accessible through the Service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Application or the Service whatsoever;
6. remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service;
7. use the Application or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person;
8. cause damage to any of the websites, servers, systems or equipment used in the provision of the Service by GADA® Secure Pay or any other third party, and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Service; and will in all cases indemnify and hold harmless GADA Secure Pay Inc. and its affiliates from any and all Claims in respect thereof.
2. Title You understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the Application or the Service, as either of them exist now or in the future, and all ownership, rights, title, interest and intellectual property rights in the Application and the Service, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of GADA Secure Pay Inc., its affiliates and/or its licensors, to the extent applicable, and nothing herein shall be construed as granting any rights therein to you.
4. Fees You will continue to be subject to any fees that may be applicable to your GADA® Secure Pay account(s), as set out in GADA® Secure Pay’s fee schedule, as such schedule may be amended from time to time by GADA Secure Pay Inc. in its sole discretion and in accordance with applicable law. The fee schedule applicable at a given time can be found on the GADA® Secure Pay OnLine website by accessing Products & Services -> Fee Schedule. You must abide by the Terms and Conditions, including the terms of your customer agreements and any other agreements you have entered into with us that govern your trading or other financial services or products offered by or through us.
Your mobile device network operator may charge you when you are using the Service and these charges may vary if you use your mobile device to access the Service when abroad. Please check with your mobile device operator for details. Your access to the Service may be subject to the terms and conditions of your agreement with your wireless carrier and/or Internet service provider. You are solely responsible for any and all fees imposed by your mobile service provider and Internet service provider.
5. Information All intellectual property rights owned by third parties in any Information provided by third parties, including but not limited to the Federal Reserve or private banking institutions selected by you, shall at all times remain the property of such third parties. Your use of such Information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for the any Information provided by third parties and make no representations or warranties that such Information will be accurate or timely. The Service, the Application and all Information contained therein is and remains our property and/or the property of our third party licensors.
6. Account Activity Negotiable instruments, electronic checks or payments, created and sent through the Service will be credited and/or debited to your regular checking account(s) and all resulting transactions will be reflected in your regular GADA® Secure Pay account(s) history.
You understand and agree that check cancellation requests are not guaranteed by either GADA® Secure Pay or your banking institution as once a check has been issued and delivered it is legal tender for the Payee and should always be matched with funds in your account. Because your check orders through the Service are subject to immediate execution and sent instantly upon your selection of the sending method, it is rarely possible to cancel a check sent.
You shall not assume that any order/check has been executed or cancelled until you have received a confirmation of the transaction from your banking institution. You shall indemnify and hold GADA Secure Pay Inc. and its affiliates harmless from and against any and all Claims arising from reporting or posting errors.
You shall be solely responsible for all risks associated with bank institution and account conditions, that may result in loss, delay, or cancellation of your checks, and conflicting and/or inaccurate account histories. Furthermore, you understand and agree that creating an electronic check with GADA® Secure Pay either through the Service or otherwise, does not guarantee receipt or the timeliness of the receipt of any check sent, and that GADA® Secure Pay is not responsible for any check that is not executed or not deposited.
7. Disclaimer of Warranties and Availability You acknowledge that it is not possible for us to provide the Service free from defects. The Service may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason. The Service may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of GADA® Secure Pay or any of its affiliates or any third party, and neither GADA Secure Pay Inc. nor its affiliates will be liable therefor.
You understand and agree that the Service and the Application are provided “as is” and “as available”, and all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Service or the Application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.
Neither GADA® Secure Pay Inc., its affiliates, its licensors, its sublicensors nor any other third party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information, including any quotation, market information or other information or data furnished through the Service, or that any such Information disseminated may be relied upon for banking or other purposes. You acknowledge that it is your responsibility to verify any Information that you elect to use when taking any action with financial consequences. You will independently determine your account information and available balances for the purposes of creating funded electronic checks to others, and you acknowledge that any orders placed by you are the result of your own independent decisions. Any Information is provided solely to help you to make your own banking decisions and does not constitute a personal payment recommendation or advice. Any Information is used at your own discretion and risk and you are solely responsible for any account losses or deficits that may result.
8. Important Limitation on Liabilities Your sole and exclusive remedy against GADA Secure Pay Inc., its affiliates, its licensors, and any other third party provider of services for GADA® Secure Pay, with respect to these terms and conditions, the Service, the Application, and any Information, and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to the issuance of corrected information as soon as reasonably practicable following GADA® Secure Pay’s receipt of written notice of such problem from you.
YOU ACKNOWLEDGE THAT THE SERVICE AND THE APPLICATION UTILIZE COMPLEX COMPUTER AND TELECOMMUNICATIONS NETWORKS AND THAT, AS SUCH, CONTINUED, UNINTERRUPTED AND ERROR FREE ACCESS TO THE SERVICE AND/OR THE APPLICATION CANNOT BE GUARANTEED. IN LIGHT OF THE FOREGOING, NEITHER GADA SECURE PAY INC., ITS AFFILIATES, ITS LICENSORS, NOR ANY OTHER THIRD PARTY PROVIDER SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, WHICH MAY ARISE OUT OF ANY OBLIGATION OF GADA SECURE PAY UNDER THIS AGREEMENT, FROM ANY OUTAGE, INTERRUPTION, DISCONTINUATION OR DELAY IN THE SERVICE OR THE APPLICATION OR ANY PART THEREOF OR ANY ERROR CONTAINED THEREIN, OR FROM ANY OTHER NON-PERFORMANCE, DEFECTIVE PERFORMANCE OR LATE PERFORMANCE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ERRORS DUE TO MALFUNCTION OF EQUIPMENT, PROGRAMS OR OPERATIONS OF GADA SECURE PAY INC., ITS AFFILIATES, ITS LICENSORS, OR ANY THIRD PARTIES, OR NEGLIGENCE OF GADA SECURE PAY INC., ITS AFFILIATES, ITS LICENSORS, THIRD PARTY PROVIDERS, OPERATORS OR PROGRAMMERS. IN NO EVENT WILL GADA SECURE PAY INC., ITS AFFILIATES, ITS LICENSORS, OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITY OR LOSS OF REVENUES, PROFITS OR SAVINGS, DEBITS OR CREDITS TO YOUR ACCOUNT, HOWEVER CAUSED, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, RELIANCE ON, OR INABILITY TO ACCESS OR USE THE SERVICE, THE APPLICATION OR THE INFORMATION, OR FOR ANY DELAY IN OR FAILURE OF TRANSMISSION OF ANY INSTRUCTIONS OR NOTIFICATIONS SENT TO US THROUGH THE SERVICE, EVEN IF SUCH PARTY KNEW, SHOULD HAVE KNOWN OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Termination and Modification
You understand, acknowledge and agree that GADA® SECURE PAY may in its sole discretion, at any time:
1. modify any part of the Service and/or change the terms and conditions upon which the Service is provided to you,
2. discontinue or terminate the Service in part or in its entirety,
3. without notice terminate or otherwise limit your access to the Service at any time for any reason, including, without limiting the generality of the foregoing, in the event that we believe that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that GADA® Secure Pay believes that you are using the Service illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to you. Termination of your access to the Service shall not alleviate any continuing or unfulfilled obligations which you may have under the Terms and Conditions (including, without limitation, payment of outstanding fees and commissions to GADA® Secure Pay in connection with your use of the Service or your GADA® Secure Pay account(s)), which obligations shall survive termination of your access to the Service.
10. General These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States applicable therein. You agree that the courts of the the State of Delaware will have jurisdiction for the determination of any matters arising out of these terms and conditions.
Performance of any obligation hereunder by GADA® Secure Pay Inc. shall be excused if prevented by acts of God, public enemy, fire or other casualty, labour dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond GADA® Secure Pay Inc.’s reasonable control.
Nothing in the Service constitutes an offer or solicitation by us or any of our affiliates to buy, sell or otherwise deal in any particular investment.
If you have any queries in relation to the Terms and Conditions or the Service, please contact us.
If any provision of this Agreement is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portions of these terms and conditions valid and enforceable.
You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of GADA Secure Pay Inc. and its affiliates for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.
You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English.
These terms and conditions form a contract between you and us in respect of the Service. For your own benefit and protection you should read the terms and conditions set out herein carefully before you start to use the Service.
• You may opt out of this agreement to arbitrate. If you do so, neither you nor GADA® Secure Pay can require the other to participate in an arbitration proceeding. To opt out, you must notify GADA® Secure Pay in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
• GADA® Secure Pay Inc. ATTN: T.J. Sabo, 7610 N.E. 4th Court, Suite 7646-105, Miami, FL 33138
• You must include your name and residence address, the email address you use for your GADA® Secure Pay account, and a clear statement that you want to opt out of this arbitration agreement.
• If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with GADA® Secure Pay.
• The information provided within GADA® Secure Pay is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GADA® Secure Pay to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of GADA® Secure Pay or any portion of GADA® Secure Pay, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that GADA® Secure Pay provides.
• Software related to or made available by GADA® Secure Pay may be subject to United States export controls. Thus, no software from GADA® Secure Pay may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to GADA® Secure Pay, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
GADA® Secure Pay does not provide investment or banking advice or recommendations and users are responsible for their own banking and payment decisions.
GADA® is a Registered trademark. GADA® is used under license by GADA Secure Pay Inc.
GADA Secure Pay Inc. © 2013. All Rights Reserved.