BPocket User Agreement
Last updated: October 2020
Thank you for using BPocket! This BPocket User
Agreement (this “Agreement”) is made and entered into by and between
PingPong Global Solutions Inc. (“PingPong” or “We”) and the user
(“You”) with regard to BPocket account and BPocket services, together with the PingPong T&C,
governs the use of BPocket by you. This Agreement is
a supplement to PingPong Services Terms and Conditions (“PingPong T&C”)
and it must be read together with PingPong T&C. Unless otherwise defined in
this Agreement, all capitalized terms have the meanings given in the PingPong
T&C.
WE MAY CHANGE THE TERMS OF THIS AGREEMENT, INCLUDING FEES AND FEATURES
OF YOUR ACCOUNT, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU BY POSTING AN
UPDATED AGREEMENT ON OUR WEBSITE AT https://b2b-cdn.pingpongx.com/b2b/protocol/BPocket-User-Agreement-legal.html
UNLESS APPLICABLE LAW REQUIRES A DIFFERENT METHOD. YOUR CONTINUED USE OF YOUR BPOCKET
AFTER THE EFFECTIVE DATE OF ANY CHANGE CONSTITUTES ACCEPTANCE OF ANY CHANGE
MADE TO THIS AGREEMENT.
1.1
BPocket
services is a prepaid access account provided by PingPong Global
Solutions Inc. that enables you to receive and
hold funds, manage those funds, and make electronic payments and other
payments. BPocket services is offered by PingPong as
a licensed money transmitter in the United States, as applicable.
1.2
In order to use BPocket,
you should read and comply this Agreement. Before accepting this Agreement,
please carefully read it thoroughly. If you do not agree with any content of
this Agreement, or if you cannot understand the terms, please contact PingPong
customer service immediately.
1.3
By clicking checkbox on the webpage, it means
that you have understood and agreed to accept this Agreement and all existing
and subsequent rules, page displays, operation procedures, announcements or
notices in connection with this Agreement.
1.4
By using BPocket and
related services, you represent and warrant that your use is for commercial
purposes only, and that you are not entering into the Agreement and will not use
the BPocket services for personal, family or household
purposes.
2.1
Opening a BPocket Account
and Identity authentication. To the extent that we
have not done so already, PingPong may be required to request and verify
certain information from you prior to opening a BPocket
Account for you.
You authorize us, directly or through third parties, to make any
inquiries we consider necessary to verify your identity from time to time. The information
we request may vary depending on the circumstances and may include name,
address, a date of birth (for individuals), identification number such as a
taxpayer identification number (“TIN”), social security number, ownership of
your email address, phone number or financial instruments, a credit report from
a credit reporting agency, your driver’s license or other identifying supporting
documents as we deem appropriate.
By opening a BPocket Account and using the
related services, you confirm that you are not subject to sanctions programs
administered or enforced including but not limited by the Office of Foreign
Assets Control of the U.S. Department of the Treasury.
2.2
Adding Money to BPocket
Account: You may add money to your BPocket
via an inbound wire from your own bank account. Please be informed any wire
fees charged by your bank for such transfers shall be borne by you. We may
allow you to request that either the entirety or some portion of your PingPong
Balance be settled to your BPocket in this manner.
Your PingPong Balance may be settled to your BPocket
at the same time as you initiate a payout request to an approved third party or
at any other time.
2.3
Link or Unlink a Payment Method. PingPong
may offer you the ability to use BPocket by linking
or unlinking your U.S. debit card or bank account (“Linked Bank Account”) to
your BPocket. Please keep your payment method
information (e.g. debit card number and expiration date) accurate and current. When
you use your Linked Bank Account as a payment method, you are allowing PingPong
to initiate a transfer from your Linked Bank Account to the recipient. For
these transactions, PingPong will make electronic transfers from your Linked
Bank Account in the amount you specify. You authorize PingPong to try this
transfer again if the initial transfer is rejected by your bank for any reason.
2.4 Availability of Funds in BPocket Account. Your
funds are available for use when credited to your BPocket
and shown to you as an available balance in your BPocket.
Your balance could be reviewed at any time through the PingPong user dashboard.
Funds settled from your PingPong Balance will generally be available after the
request is processed. Funds from outside sources (such as your own bank
account) will generally be available when good funds are credited to PingPong.
When you add funds or have initiated an incoming transfer, the transaction will
show as “pending” in your user dashboard until the funds are received and
credited to your BPocket.
2.5
Nature of Funds in BPocket
Account. Except as otherwise provided by applicable law, your
money in BPocket does not constitute a demand deposit
(checking) account, savings account, or other asset account. BPocket is a prepaid access account provided to you by
PingPong as a licensed money transmitter. We will hold and transmit funds on
your behalf in accordance with applicable law. Any funds associated
with your BPocket represent an unsecured claim
against us and is not insured by the Federal Deposit Insurance Corporation
(FDIC). We combine money held on
your behalf in with the money of other BPocket
Product users and hold it in a custodial account or accounts we maintain with
our banking partners, in our name, as agent for the benefit of BPocket users. We own any interest or other earnings on any
funds held as permissible investments associated with these
fund. However, the claim against us represented by this money is not
secured by these investments and you do not have any ownership interest (either
legal or beneficial) in these investments. These pooled amounts are held apart
from our corporate funds, and we will neither use these amounts for our
operating expenses or any other corporate purposes nor will we voluntarily make
these amounts available to our creditors in the event of bankruptcy or
insolvency.
2.6
Sending Money from Your BPocket
Account.
You may use available funds in your BPocket to:
(a) send
money to another approved BPocket Account;
(b) withdraw
money to a Linked Bank Account via an eligible debit card or directly, subject
to the account being approved by PingPong; or
(c) send
money to an approved third party payee’s bank account.
2.7 Limitation
on Your BPocket. Your BPocket account and transaction activity is subject to
review and monitoring. PingPong may, in its sole discretion, take account-level
or transaction-level actions. We monitor for, among other things, activity that
is potentially suspicious or illegal, as well as for compliance and risk
management with this Agreement and applicable law. In connection with our
review process, you may be required to provide us with additional information
and/or documentation to verify your identity or for other purposes. PingPong may
refuse to execute or may delay or hold transactions involving your BPocket (whether loads or disbursements) based on technical,
security or compliance concerns we identify or experience, or if the
information you provided is incomplete or incorrect. Except where prohibited by
applicable law, we will provide you information about a delayed or refused
transaction through your BPocket account on the user dashboard. We
may also set limits on the amount and volume of transactions that can initiate
involving your BPocket account. We will provide you
with information regarding such limits through our website and/or your user
dashboard. We also may impose such
limits or restrictions for security reasons and in accordance with applicable law.
2.8 Closing
BPocket Account. You
may close your BPocket account and terminate your
relationship with us at any time, but you will remain liable for all
obligations related to your BPocket account even
after your BPocket account is closed. When you close
your BPocket account, we will cancel any scheduled or
incomplete transactions. You must withdraw or send available balance from your BPocket account before closing it.
In
certain cases, you may not close your BPocket
account, including:
(1) to
evade an investigation.
(2) if
you have a pending transaction or an open dispute or claim.
(3) if
your BPocket account has a negative balance.
(4) if
your BPocket account is subject to a hold, limitation
or reserve.
3.1 The services fees applicable to BPocket can be
found on your dashboard and will be disclosed to you in advance each time you
initiate a transaction in your BPocket. BPocket Service fees are not refundable. We reserve the
right to modify these fees unilaterally from time to time without further notice.
3.2 You authorize us to deduct BPocket service
fees for BPocket services directly from your BPocket Account. Please note that applicable fees for other
PingPong services may be offset directly from your PingPong Balance as set
forth in the PingPong T&C.
3.3 If the balance in your BPocket account becomes
negative for any reason, that negative balance represents an amount that you
owe to PingPong. PingPong may deduct these amounts from funds that are added to
your BPocket account later, either by you or from
payments you receive.
If you hold funds in a BPocket account in
multiple currencies, and the balance for one of the currencies becomes negative
for any reason, PingPong may set off the negative balance by using funds you
maintain in a different currency. If you have a negative balance in non-U.S.
dollars, PingPong will convert this negative balance to U.S. dollars. In either
case, a currency conversion will be necessary, and PingPong’s
transaction exchange rate (including our currency conversion spread) will be
used.
4.1 Scope of Unauthorized Transaction. An “Unauthorized Transaction” occurs when money is sent from your BPocket account that you did not authorize and that did not
benefit you. For example, if someone steals your password, uses the password to
access your BPocket account, and sends a payment from
your BPocket account, an Unauthorized Transaction has
occurred.
4.2 Exclusion of Unauthorized Transaction. The following are NOT considered as Unauthorized Transactions if you
give someone access to your BPocket account (by
giving them your login credentials information) and they use your BPocket account without your knowledge or permission. You
are responsible for all the transactions made in this situation.
4.3
Reporting an
Unauthorized Transaction. We generally cannot reverse Unauthorized Transaction
that you initiate in your BPocket unless otherwise
required by applicable law. Please note that you must notify us IMMEDIATELY if
you believe there has been an unauthorized transaction made using your BPocket.
5.1
You must:
(a)
only allow authorized users to access your BPocket and not any other person;
(b)
regularly monitor your account to make sure no
unauthorized transactions involving your BPocket have
occurred;
(c)
if you suspect that someone else knows your BPocket password; or details, or if you think your BPocket may be misused, stop using the BPocket
and contact us immediately.
5.2
You must also comply with any additional
security requirements we notify to you from time to time.
5.3
We may disclose any information we believe to
be reasonable to law enforcement agencies if we suspect there has been any
unauthorized use, misuse, illegality or fraud in connection with your BPocket.
In
connection with your use of our websites, your BPocket
account, BPocket services, or in the course of your
interactions with PingPong, other PingPong customers, or third parties, you
must not:
(1) Breach this
Agreement or any other agreement you enter into with PingPong or its
affiliates;
(2) Violate any
law, statute, ordinance, rules or regulation;
(3) Infringe PingPong
or any third party's copyright, patent, trademark, trade secret or other
intellectual property rights, or rights of publicity or privacy;
(4) Act in a
manner that is defamatory, trade libelous, threatening or harassing;
(5) Provide
false, inaccurate or misleading information;
(6) Send or
receive what we reasonably believe to be potentially fraudulent funds;
(7) Refuse to
cooperate in an investigation or provide confirmation of your identity or any
information you provide to us;
(8) Attempt to
double dip during the course of a dispute by receiving or attempting to receive
funds from both PingPong and the seller, bank or card issuer for the same
transaction;
(9) control an
account that is linked to another account that has engaged in any of these
restricted activities;
(10) conduct your
business or use the BPocket services in a manner that
results in or may result in complaints, fees, fines, penalties or other
liability or losses to PingPong, other PingPong customers, third parties or
you;
(11) use your BPokcet account or the PingPong services in a manner that PingPong,
Visa, MasterCard, American Express, Discover or any other electronic funds
transfer network reasonably believes to be an abuse of the card system or a
violation of card association or network rules;
(12) take any
action that imposes an unreasonable or disproportionately large load on our
websites, software, systems (including any networks and servers used to provide
any of the PingPong services) operated by us or on our behalf or PingPong services;
(13) provide
yourself a cash advance from your credit card (or help others to do so);
(14) allow your BPocket account to have a negative balance;
(15) facilitate
any viruses, trojan horses, malware, worms or other computer programming
routines that attempts to or may damage, disrupt, corrupt, misuse,
detrimentally interfere with, surreptitiously intercept or expropriate, or gain
unauthorized access to any system, data, information or PingPong services;
(16) use an
anonymizing proxy, any robot, spider, other automatic device, or manual process
to monitor or copy our websites without our prior written permission; or use
any device, software or routine to bypass our robot exclusion headers;
(17) take any
action that may cause us to lose any of the services from our Internet service
providers, payment processors, or other suppliers or service providers; or
(18) use the BPocket services to test credit card behaviors.
If
we believe that you’ve engaged in any of these restricted activities, we may
take several actions to protect PingPong, its customers and others at any time
in our sole discretion. The actions we may take include, but are not limited
to, the following:
(1)
terminate this agreement, limit your BPocket account, and/or close or suspend your BPocket account, immediately and without penalty to us;
(2)
refuse to provide any PingPong services to you
in the future;
(3)
limit your access to our websites, software,
systems (including any networks and servers used to provide any of the PingPong
services) operated by us or on our behalf, your PingPong account or any of the
PingPong services, including limiting your ability to add or send money with
any of the payment methods linked to your BPocket
account, restricting your ability to send money;
(4)
hold the balance in your BPocket
for up to 180 days if reasonably needed to protect against the risk of
liability;
(5)
update inaccurate information you provided us;
or
(6)
take legal action against you;
If we close
your BPocket account or terminate your use of BPocket services for any reason, we’ll provide you with
notice of our actions and make any unrestricted funds held in the balance of BPocket available for
withdrawal.
7.1
PingPong may suspend or terminate all or part
of BPocket services from time to time.
7.2
You understand and agree that PingPong has the
right to determine its business strategy at its sole discretion. In the event
of a merger, acquisition, reconstruction or asset transfer, PingPong has the
right to assign all or part of the assets related to BPocket
to a third party; PingPong may also transfer all or part of the services under
this Agreement to a third party, in accordance with applicable law, for
operation and performance after notifying you unilaterally.
7.3
If you fail to pay the service fees in full and
on time, PingPong is entitled to suspend or terminate BPocket
services.
7.4
You agree that we are entitled to terminate
this Agreement by providing a 7 working days’ prior notice to you unless there
are exceptional circumstances, or regulatory circumstances (including but not
limited to court or governmental orders) causing PingPong to take immediate
action when, including but not limited to:
(a)
we discover you have provided false,
misleading, incomplete or inaccurate information or have otherwise acted
dishonestly;
(b)
you breach this Agreement
or any other agreement you enter into with PingPong or its affiliates;
(c)
your BPocket account has
been compromised or for other security reasons;
(d)
you are engaged in fraud, money laundering,
terrorist financing or other illegal activities or
we reasonably suspect the same;
(e)
you use BPocket illegally
or fraudulently in violation of applicable law or we reasonably suspect the
same;
(f)
we are required by law or the orders of
competent authorities to do so;
(g)
we suspect there is safety or security risk or
other circumstances that PingPong deems inappropriate; or
(h)
there are other grounds that PingPong considers
it appropriate.
Together
with a termination/suspension notice, we may also provide instructions on how
to withdraw remaining funds in your BPocket, if it is
not forbidden by applicable law.
9.1
You must indemnify PingPong for liabilities related
to your BPocket account and your use of the BPocket services. You agree to defend, indemnify and hold
PingPong, its affiliates, officers, agents, employees and counsels harmless
from any claim or demand (including reasonable legal fees) made or incurred by
any third party due to or arising out of your breach of this Agreement, your
improper use of the BPocket Services, your violation
of any law or the rights of a third party and/or the actions or inactions of
any third party to whom you grant permissions to use your BPocket
account or access our websites, or systems (including any networks and servers
used to provide any of the PingPong services) operated by us or on our behalf,
or any of the PingPong services on your behalf.
9.2
You are liable for all transfers of funds
initiated from your BPocket made by you and any
authorized users.
Without limiting any clause of the PingPong T&C, you
will be liable for all unauthorized transactions where you have contributed to
the loss by:
(a)
breaching or compromising the security safeguard
of your BPocket; or
(b)
delaying the reporting of the loss, theft or
misuse of your BPocket, in which case you will be
liable for all losses until such time as you notify us of the loss, theft or
misuse of your BPocket.
9.3
Our liability is limited with respect to your BPocket account and your use of BPocket
services. In no event shall PingPong be liable for lost profits or any special,
incidental or consequential damages (including without limitation damages for
loss of data or loss of business) arising out of or in connection with our
websites, software, systems (including any networks and servers used to provide
any of the BPocket services) operated by us or on our
behalf, any of the BPocket services, or this Agreement
(however arising, including negligence), unless and to the extent prohibited by
law.
9.4
Our liability to you or any third parties in
any circumstance is limited to the actual amount of direct damages. In
addition, to the extent permitted by applicable law, PingPong is NOT liable,
and you agree not to hold PingPong responsible, for any damages or losses
(including, but not limited to, loss of money, goodwill, or reputation,
profits, or other intangible losses or any special, indirect, or consequential
damages) resulting directly or indirectly from: (1) your use of, or your
inability to use, our websites, software, systems operated by us or on our
behalf, or any of the BPocket services; (2) viruses
or other malicious software obtained by accessing our websites, software,
systems operated by us or on our behalf or any of the BPocket
services or any website or service linked to our websites, software or any of BPocket services; (3) delays or disruptions in our
websites, software, systems operated by us or on our behalf and any of the BPocket services; (4) bugs, errors, or inaccuracies of any
kind in our websites, software, systems; (5) content, actions, or inactions of
third parties; or (6) a suspension or other action taken with respect to your BPocket account.
If we are unable to do so to
your satisfaction, you may report to customer service directly.
ANY CLAIMS ARISING OUT OF,
RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN
BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN
CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION
RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.
The forum for arbitration
shall be in the city closest to your residence having a federal district
courthouse. The arbitrator shall not conduct any form of class or collective
arbitration nor join or consolidate claims by or for individuals. To the extent
allowed by applicable law, the Arbitrator, and not any federal, state, or local
court or agency, shall have exclusive authority to resolve any dispute relating
to the interpretation, applicability, enforceability or formation of this Agreement
including, but not limited to, any claim that all or any part of this Agreement
is void or voidable. Judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
This Agreement and each of
its parts evidence a transaction involving interstate commerce, and the United
States Arbitration Act shall apply in all cases and govern the interpretation
and enforcement of the arbitration rules and arbitration proceedings.
Waiver of Right to Jury;
Class Action Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY
WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER
THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER
OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED
AGAINST US AND/OR RELATED THIRD PARTIES.
12.1
Assignment. You may not transfer or
assign any rights or obligations you have under this Agreement without our
prior written consent. We may transfer or assign this Agreement or any right or
obligation under this Agreement at any time.
12.2
Security interest. As security for the
performance of your obligations under this Agreement, you grant to PingPong a
lien on, and security interest in and to, funds held in your BPocket account.
12.3 No Waiver. Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
12.4
Governing law. You agree that, except
to the extent inconsistent with or preempted by federal law and except as
otherwise stated in this Agreement, the laws of the State of California,
without regard to principles of conflict of laws, will govern this Agreement
and any claim or dispute that has arisen or may arise between you and PingPong
regarding your use of the BPocket services.
12.5
State disclosures. In addition to
reporting complaints against PingPong directly to PingPong as described above,
if you are a California resident, you may report complaints to the California
Department of Business Oversight by mail at Department of Business Oversight,
Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online
through its website at http://www.dbo.ca.gov/Consumers. The
California Department of Business Oversight offers assistance with its
complaint form by phone at 866-275-2677. If you are a California resident, you
have a right to receive communications about your BPocket
account and the BPocket services by email. To make
such a request, send a letter to PingPong Global Solutions Inc., Attn: Legal
Department, 1510 Fashion Island Boulevard, Suite 250, San Mateo, CA, USA and
include your email address, and your request for that information by email.
Florida
residents may contact the Florida Department of Financial Services in writing
at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at
1-800-342-2762.
12.6
Services Provider Only. PingPong is
only a payment service provider. We act as a payment service provider only. We
do not:
l Act as an
escrow agent with respect to any funds kept in your account;
l Unless
otherwise expressly set out in this agreement, act as your agent or trustee;
l Enter into a
partnership, joint venture, agency or employment relationship with you;
l Guarantee
the identity of any buyer or seller;
l Determine if
you are liable for any taxes; or
l Collect or
pay any taxes that may arise from your use of our services.
12.7
Data Protection. If you receive
information about another PingPong customer, you must keep the information
confidential and only use it in connection with the BPocket
services. You may not disclose or distribute any information about PingPong
users to a third party or use the information for marketing purposes unless you
receive that user’s express consent to do so. You may not send unsolicited
emails to a PingPong customer or use the BPocket
services to collect payments for sending, or assist in sending, unsolicited
emails to third parties.
The privacy
and data protection laws that may apply include any associated regulations,
regulatory requirements and codes of practice applicable to the provision of
the services described in this agreement. If you process personal data from
Europe pursuant to this agreement, you must comply with the EU Directive
95/46/EC or the General Data Protection Regulation (EU) 2016/679 (GDPR).
In complying
with such laws, you will:
l implement
and maintain all appropriate security measures for the processing of personal
data; and
l not
knowingly do anything or permit anything to be done which might lead to a
breach of any privacy data protection laws by PingPong.