Paymynt Group, Inc. Terms and Conditions
Last updated: January 9, 2020
Paymynt Group, Inc.. (“Paymynt” or “we”) offer the Paymynt Shopping Program (the “Program”) to allow members to earn cryptocurrency on purchases completed through the websites, applications, and other related properties (collectively, the “Paymynt Properties”) subject to these terms and conditions (“Agreement”). This Agreement constitutes a legally binding agreement between each individual who enrolls in the Program or otherwise uses any one of the Paymynt Properties (“Member” or “you”).
By enrolling in the Program or using any Paymynt Property, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms, including the arbitration clause and class action waiver described in Section 20 below to resolve any disputes with Paymynt (except for matters that may be taken to small-claims court). Paymynt may modify this Agreement from time to time, with or without notice, and your continued use of the Paymynt Property after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease use of the Paymynt Properties.
1. Paymynt SHOPPING PROGRAM
Paymynt receives a fee from the retailers, brands, merchants, and other partners participating in the Program (“Affiliate Stores”) for each Qualifying Purchase (as defined in Section 5.1). Paymynt gives a portion of this fee to its Members as cryptocurrency. Participation in the Program and the opportunity to earn cryptocurrency are offered at the sole discretion of Paymynt and subject to your compliance with this Agreement.
2. BECOMING A MEMBER
3. PROGRAM LICENSE
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Paymynt Properties for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Paymynt reserves the right to change, upgrade, or discontinue the Program and any Paymynt Property or any feature of the Program or the Paymynt Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Paymynt or its licensors.
4. PROGRAM RESTRICTIONS
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Paymynt Properties; (ii) introduce into the Paymynt Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Paymynt Properties (collectively, “Content”); (iv) access the Program or the Paymynt Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Paymynt; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Paymynt Property for any reason; (vii) rent, sell or sublicense any of the Paymynt Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access confidential Content through the Paymynt Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Paymynt Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Paymynt Properties; (xiii) engage in any activity that does not comply applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.
5. EARNING CRYPTOCURRENCY
5.2 Paymynt Browser Extension: Paymynt may make available a browser extension to enhance your shopping experience (“Paymynt Browser Extension”). If so, your use of Paymynt Browser Extension is subject to the following additional terms:
5.2.1 When visiting a retailer’s website, the Paymynt Browser Extension will either create a tracking ticket and start a cryptocurrency rewards shopping session or visually prompt you to press a button to start your Paymynt cryptocurrency rewards shopping session. The Paymynt Browser Extension may also alert you of a deal or offer with respect to a product or brand appearing on your search results or other pages you visit across the web, and prompt you to start a shopping session on an Affiliate Store’s site. If you start a shopping session using the Paymynt Browser Extension, it will set a cookie on your computer for the purpose of tracking your shopping session and crediting your cryptocurrency reward — just as if you had begun your shopping experience via any other Paymynt link. Please note, however, that if you are referred to an Affiliate Store’s website from another affiliate marketing company (and, therefore, cookies or other similar tracking devices from such other affiliate marketing company are already present on your computer), the Paymynt Browser Extension will not be activated and you will not be able to start a Paymynt cryptocurrency rewards shopping session when you arrive at such Affiliate Store’s website.
5.2.3 When installed, the Paymynt Browser Extension periodically communicates with our servers. We may update the Paymynt Browser Extension when a new version is released or when new features are added. Unless you turn of automatic updates, these updates occur automatically. If you turn off automatic updates, you will need to manually update the Paymynt Browser Extension to ensure that all such updates (e.g., security patches, bug fixes, new features, etc.) are added. We reserve the right to add features or functions to the Paymynt Browser Extension, but have no obligation to make available to you any subsequent versions or new features of the Paymynt Browser Extension.
5.3 Cryptocurrency Calculations: Each Qualifying Purchase shall occur on an applicable purchase date and Paymynt shall record the U.S. Dollar value of your portion of the fee that Paymynt shall be entitled to receive from the applicable Affiliate Store. Paymynt shall thereafter convert your portion of the fee from U.S. Dollars to cryptocurrency at the market rate on the day that Paymynt completes its reconciliation of the applicable transaction with the applicable Affiliate Store (i.e., after giving effect to any applicable returns or refunds). The resulting cryptocurrency amount is then reflected in your Account.
6. CRYPTOCURRENCY EXCLUSIONS
Cryptocurrency is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for cryptocurrency. Cryptocurrency amounts vary by store and product category and may contain exclusion in the terms of the offer. Please review these terms carefully. Paymynt uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and Paymynt hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions.
7. AFFILIATE STORE POLICIES
A product purchased from any Affiliate Store through the Program is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Paymynt is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of cryptocurrency caused by such changes, discontinuance, or withdrawal.
8. BONUSES & OTHER REWARDS
Paymynt may elect to offer bonuses or rewards for referring new Members to the Program or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement.
9. RECEIVING PAYMENT
9.1 Requirements: As a condition of payment of accrued cryptocurrency, you must establish and maintain an Active Account (defined below) with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid cryptocurrency address, your first and last name, and a password to protect your Account. If you elect to close your Account and receive payment of your accrued cryptocurrency account in U.S. Dollar, you must provide us valid bank account information for purposes of such payment and such payout will be subject to deduction of Paymynt’s then-current, applicable transaction fees. Paymynt shall not make any payment unless the accrued value in the Account has a cash payout value of at least $15 U.S. Dollars. Also as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
9.2 Payments: Paymynt compensates members in cryptocurrency or other payment options as Paymynt may make available from time to time. Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. Paymynt reserves the right to delay payment for any purchase based on changes to Affiliate Store policies at any time. Paymynt also reserves the right to modify the payment schedule at any time. Paymynt is not responsible for payments delivered to the wrong cryptocurrency address through no fault of Paymynt or for payment errors made by any bank or financial institution.
Payments in US Dollars (USD): You expressly authorize Paymynt’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.
9.3 Account Adjustments: In our sole discretion, we may deduct cryptocurrency from your Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with this Agreement, any applicable Paymynt policies and terms, the terms of any Affiliate Store offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through a Paymynt Affiliate Store qualifies for cryptocurrency is at the sole discretion of Paymynt. If an Affiliate Store fails to report a transaction to Paymynt or fails to make payment to Paymynt for any reason, Paymynt reserves the right to cancel the cryptocurrency associated with that transaction. It is your responsibility to check your Account regularly to ensure that cryptocurrency has been properly credited and paid and that your Account balance is accurate. If you believe that cryptocurrency has not been correctly credited to your Account, you must contact Paymynt Member Services within ninety (90) days of the transaction. Should you disagree with any adjustments made to your Account or payments made to you, your sole remedy is to withdraw from the Program.
9.4 Taxes: You may be taxed on your receipt of cryptocurrency depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Program.
10. UPDATING & MAINTAINING YOUR ACCOUNT
10.1 Updating Your Account: You agree to keep your Account information current, complete, and accurate by periodically updating the information through the Paymynt Properties. You must be logged into Paymynt and enter your password to change your Account information and payment preferences. You may check your Account status and recent earning history at any time via the Paymynt Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and Paymynt is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your Account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. If you log into your Account through a Third-Party Platform (as defined in Section 13), certain information about you will be transferred to your Account (e.g., name, e-mail, “Likes”, etc.), and the fact that you have logged onto your Account and some of that transferred information may be available to other users of the Third-Party Platform. We will restrict access to any such transferred information about you to the extent required by the policies of any such Third-Party Platform, but all transferred information will otherwise be subject to the terms of this Agreement. If there is a breach of security of any such Third-Party Platform, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted after logging into your Account through such Third-Party Platform is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
10.2 Maintaining Your Active Account: An Active Account means you must engage in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping session via the Paymynt Properties, (iii) have accrued cryptocurrency, or (iv) have logged into your Account. If your Account is inactive for more than twelve (12) consecutive months, Paymynt reserves the right to debit your Paymynt Account balance 0.01 cryptocurrency per month to recover the cost of account maintenance until you reactivate your Account by engaging in one of the activities set forth above in subsections (i) to (iv) or until your Account balance is zero. If the balance in your inactive Account is or becomes zero, Paymynt will close your Account permanently and cease to maintain your Account records and Program access. The inactive account maintenance charge will not cause your Account balance to become negative and will not cause you to owe money to Paymynt.
10.3 Fraudulent Activity: We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Paymynt Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any cryptocurrency, bar further cryptocurrency awards to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding cryptocurrency has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of cryptocurrency or other rewards and bonuses, or any misrepresentation of any information furnished to Paymynt by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued cryptocurrency rewards. If Paymynt has any reason to suspect fraudulent activity is associated with your Account, Paymynt reserves the right to delay or withhold payment of cryptocurrency. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.
11. RECEIVING COMMUNICATIONS
12. Paymynt APPLICATIONS
Paymynt may make available software applications (“Paymynt Applications”) to assist Members in earning cryptocurrency without visiting tryPaymynt.com, including the Paymynt Browser Extension and any Paymynt mobile application. For purposes of this Agreement, references to Paymynt Properties shall include Paymynt Applications. Paymynt Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or 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. 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, and that you will otherwise comply with all applicable export control laws. If you are a U.S. government end user, we are licensing the Paymynt Application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Paymynt Applications are the same as the rights we grant to all others under this Agreement.
13. THIRD-PARTY PLATFORMS
When you access or use the Paymynt Properties, we may make available services from one or more third parties (“Third-Party Platforms”).
13.1 Social Sign On: The Paymynt Properties may support Third Party Platforms, including without limitation Facebook and/or Google, to make it easier for you to sign in or create your Paymynt Account. Any use of Third Party Platforms to create and access your Paymynt Account are subject to the terms and conditions and privacy policies of such third parties (“Third Party Terms”).
14. COMMUNITY STANDARDS
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Paymynt Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
All right, title, and interest in the Program, the Paymynt Properties, and the Content belong to Paymynt or its licensors. Additionally, Paymynt shall maintain all right, title, and interest in “Paymynt,” the Paymynt logo, and any other marks, service marks, trademarks, or logos of Paymynt (“Paymynt Marks”) that are registered in the U.S. and other countries. The Paymynt Marks may not be used in connection with any product or service that is not Paymynt in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Paymynt. You shall not by any means bid on any keywords with any search engine containing “Paymynt” or anything substantially similar to “Paymynt” or any other Paymynt Mark including, without limitation lolli.com. You shall not mention or use Paymynt in any ad text, extensions or banner ads without the express written consent of Paymynt. All other trademarks not owned by Paymynt that are used in the Program are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Paymynt.
You agree to indemnify Paymynt, any Affiliate Store, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
17. WARRANTY DISCLAIMER
THE PROGRAM, CONTENT, AND THE LOLLI PROPERTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAM, CONTENT, OR THE LOLLI PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE PROGRAM. LOLLI DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE LOLLI PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, LOLLI DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAM.
18. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOLLI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOLLI’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
19. TERMINATION OR SUSPENSION
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in cancellation of your membership to the Program, your Account and/or forfeiture of pending or prior cryptocurrency awards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Paymynt Property. You agree that Paymynt will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Paymynt Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the Paymynt Properties, and to receive cryptocurrency, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
20. GOVERNING LAW & ARBITRATION
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of North Carolina in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.
You agree that any dispute, claim or controversy arising out of or in connection with Paymynt’s business or this Agreement or relating in any way to the Program or the Paymynt Properties shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this Agreement to arbitrate, and any such arbitration hearing shall be heard in Charlotte, North Carolina.
Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Paymynt, and Paymynt waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Paymynt can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Paymynt further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Paymynt will reimburse you for filing fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement.
23. NO WAIVER; SEVERABILITY
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
24. ENTIRE AGREEMENT
This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your non-termination and continued participation in the Program or use of any Paymynt Property after modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof.