Buyer's Terms of Service

Buyer's 'Terms of Service' includes

1. Certain Defined Terms (The following defined terms appear in this Terms of Service.
  • "You", "you" or "Buyer": A Customer that applies to, or registers to use, or uses, the Service to make Payment Transactions.
  • Customer: A person that registers with the Service as a Buyer or a Seller.
  • Seller: A Customer that uses the Service to process Payment Transactions from Buyers.
  • Google Web Sites: The web site pages of GPC, Google or a Google-affiliated or partner company.
  • Payment Instrument: The credit card or debit card that is registered by a Customer with the Service to facilitate the processing of Payments Transactions. The Payment Instrument must be associated with a billing address in the United States.
  • Payment Transaction: The processing of a payment through the Service that result in the debiting or charging of the Purchase Amount to a Buyer's Payment Instrument and the crediting of funds to a Seller.
  • Product: Any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.
  • Purchase Amount: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
  • Service: The Google Checkout service, described in this Terms of Service that facilitates the processing of Payment Transactions on behalf of a Seller.
  • "GPC", "we", or "us": Google Payment Corporation.)
2. Requirements for Registration (In order to use the Service, buyers must complete all necessary information elements on the Service registration web pages. They must register a valid credit or debit card issued by a U.S. financial institution as a Payment Instrument to make Payment Transactions and pay fees and other compulsions arising from their use of the Service. Buyers must provide current, complete and accurate information and maintain it as current and accurate. Google may require buyers to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit buyers to continue to use the Service.

Buyers authorize Google Payment corp. to confirm that their Payment Instrument is in good standing with the issuing U.S. financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association rules. Buyers also authorize Google Payment corp. to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate buyers registration for or continued use of the Service.

Google Payment corp., in their sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

By agreeing to this Terms of Service for Buyers, Buyers represent that they are:
  • 18 years old or older;
  • capable of entering into a legally binding agreement; and
  • A resident of the United States.
If buyers are a business entity, they also represent that they are:
  • duly authorized to do business in the United States; and
  • Buyer's employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind them to these Terms of Service and all transactions conducted under their username and password.)
Payment Transaction Processing (The Service facilitates the processing of Payment Transactions to complete a payment for a purchase between a Buyer and a Seller. The Service will store information from Buyers, such as their Payment Instruments and shipping information, and will process Payment Transactions on behalf of Sellers through the appropriate credit card or debit card network. The Purchase Amount is not processed until the Seller
  • completes the purchase transaction,
  • ships or otherwise provides the purchased goods or merchandise to the Buyer, or
  • performs the purchased service.
GPC may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Buyers, or other applicable GPC or Service policies, as determined in GPC’s sole and absolute discretion. Buyer authorizes the charge or debit to Buyer's Payment Instrument as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting to Buyer's Payment Instrument in connection with reversals, refunds, or adjustments through the Service.

Buyers acknowledge and agree that their purchases of Products are transactions between them and the Seller, and not with GPC, Google or any of GPC's affiliates. GPC is not a party to your purchase of Products, and GPC, Google, or other GPC affiliates are not a buyer or a seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a Google Web Site.)

4. Permissible Payment Transactions (buyers may only use the Service to process a Payment Transaction for a Product that is purchased from a Seller through a legitimate, bone fide sale of the Product. The Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. The Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (traveler's checks, prepaid cards, money orders, etc.). Buyers may not use the Service to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.

Buyers agree that they will not use the Service to process Payment Transactions for any Products that violate this Terms of Service, other policies or rules applicable to the Service, or applicable law.)

5. Limitations on the Use of Service (Google may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during any specified time period(s). google reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. google also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. it may decline to process any Payment Transaction without prior notice to Buyer or Seller.

Google do not warrant that the functions contained in the Service will be uninterrupted or error free, and it shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service).

It may limit or suspend buyers use of the Service at any time, in google's sole and absolute discretion. If it suspends buyers use of the Service, it will attempt to notify you by electronic mail. Suspension of buyers use of the Service will not affect their rights and obligations pursuant to this Terms of Service arising before or after such suspension)

6. Username and Password Information (Buyers are responsible for: 1) maintaining the confidentiality of their username and password.2) any and all transactions by persons that buyers give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of buyer's username and password. Buyers agree to notify Google immediately of any unauthorized use of buyer's username or password or any other breach of security regarding the Service of which buyers have knowledge.

If Buyer is a business entity, Buyer agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by Buyer with the authority to use the Service and legally bind Buyer. Buyer shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by Buyer, that access the Service using Buyer's user name and password.)

7. Privacy (buyers understand and agree that personal information provided to Google in connection with the Service is subject to the Service's Privacy Policy. )

8. Use of Electronic Communications (GPC may communicate with buyers regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address they provided during registration, or (b) posting notices or communications on a Google Web Site. Buyers agree that GPC may communicate with them by means of electronic communications the following: this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to buyers use of the Service.

Buyers should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by buyers when GPC send the electronic communication to the email address buyers provided at the time of registration or as revised by them thereafter in accordance with this Terms of Service, or when GPC post the electronic communication on a Google Web Site.

For those communications or records that GPC are otherwise required under applicable law to provide in a written paper form to Buyers, they agree that GPC may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) Buyers may contact GPC through the Service 'contact page' to request another electronic copy of the electronic communication without a fee; (b) Buyers may request a paper copy of such an electronic communication, and GPC reserve the right to charge a fee to provide such paper copy; (c) Buyers may contact GPC through the contact page to update their registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) GPC reserve the right to terminate buyers use of the Service if they decline or withdraw consent to receive electronic communications from them.)

9. Service Fees (GPC do not charge a fee to use the Service as a Buyer. The financial institution that issues buyer's Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. They should consult the terms and conditions governing their Payment Instrument for more information about any such fees.)

10. Disputes (GPC will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction. If Customers are unable to resolve a dispute, GPC can mediate disputes between buyers and sellers if either party requests assistance. If this occurs, GPC will review the dispute and propose a non-binding solution, if appropriate.
GPC may offer a feedback or other ranking system on the Service to assist buyers in evaluating other Customers of the Service. buyers acknowledge that any such feedback or ranking system represents solely the opinion of other Customers of the Service, and is not an opinion, representation, or warranty by GPC with respect to other Customers of the Service.

Customers agree to release, GPC, Google, and other GPC affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. Buyers agree that they will not involve GPC in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service. If they attempt to do so,
  • buyer shall pay all costs and attorneys' fees of GPC, Google, and other GPC affiliates and shall provide indemnification as set forth below, and
  • the jurisdiction for any such litigation or dispute shall be limited as set forth below.
However, nothing in this Terms of Service shall constitute a waiver of any rights, claims or defenses that buyer may have with respect to a Payment Transaction under the Buyer's card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.

If buyers are a California resident, they hereby expressly waive California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor." )

11. Refunds (If buyers believe that their account has been opened or used in an unauthorized manner, they can inform to fraud protection process. . Except as set forth in this Terms of Service, all Payment Transactions processed through the Service are non-refundable to Buyer by GPC and are non-reversible by Buyer through the Service.)

12. GPC Not A Banking Institution (GPC processes Payment Transactions on behalf of Sellers. GPC is not a bank or other chartered depository institution. Funds held by GPC or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by the Federal Deposit Insurance Corporation or any other governmental agency. )

13. Termination of Service (GPC may, in their sole and absolute discretion without liability to buyer or any third party, terminate their use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies GPC may establish from time to time.

Upon termination of buyer's use of the Service, buyers remain liable for all Payment Transactions and any other obligations buyers have incurred. Upon termination, GPC have the right to prohibit buyer's access to the Service, including without limitation by deactivating buyer's username and password, and to refuse future access to the Service by buyers (or their relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).

14. Buyer Responsibility for Taxes (The reporting and payment of any applicable taxes arising from the use of the Service is buyer's responsibility. Buyers hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Payment Transactions. )

15. No Endorsement of Products (GPC does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid through the Service, or the Google Web Sites; or (b) the ability of Buyers to buy Products or Sellers to deliver Products. GPC hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. GPC reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in GPC's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Terms of Service for Buyers. )

16. Unclaimed Property (If GPC are holding funds due to buyers arising from a Payment Transaction processed through the Service or otherwise, and GPC are unable to contact buyers and have no record of their use of the Service for several years, applicable law may require us to report these funds as unclaimed property. If this occurs, GPC will try to locate you at the address shown in our records, but if we are unable to locate them, GPC may be required to deliver any such funds to the applicable state as unclaimed property.GPC reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law. )

17. Indemnification (buyers agree to indemnify, defend and hold harmless GPC, Google, and their, subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation Paymentech, L.P. and relevant Customers) (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
  • buyer's use of the Service;
  • any breach or non-compliance by buyers of any term of this Terms of Service or any of GPC's policies;
  • any dispute or litigation caused by buyer's actions or omissions; or
  • buyer's negligence or violation or alleged violation of any law or rights of a third party.)
18. Disclaimer of Warranties (THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GPC, GOOGLE, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "GPC PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH GPC PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GPC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE GPC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE. )

19. Limitations of Liability: Force Majeure (IN NO EVENT SHALL ANY GPC PARTY BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GPC PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTUION, EVEN IF THE GPC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE GPC PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES GPC HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER'S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no GPC Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire and flood or other acts of God, labor conditions, power failures and Internet disturbances.)

20. Jurisdiction: Governing Law (This Terms of Service shall be governed by the laws of California, except for California's choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. )

21. Notice (In addition to the electronic communications authorized under the Section entitled, "Use of Electronic Communications", statements, notices and other communications to Buyer may be made by mail, email, postings on the Google Web Site or other reasonable means. GPC may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Google Web Sites. Notice to GPC may be made by mail to:

Google Inc.
Attn: Google Checkout
1600 Amphitheatre Parkway
Mountain View, CA 94043)

22. Modification of Terms of Service for Buyers (GPC have the right, in their sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on a Google Web Site or otherwise communicating the notification to buyers. The changes will become effective, and shall be deemed accepted by them, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that buyers do not agree with any such modification, their sole and exclusive remedy is to terminate buyer's use of the Service. )

23. Assignment (Buyers may not assign this Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. GPC reserve the right to freely assign this Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. )

24. Survival (Upon termination of buyer's use of the Service or termination of this Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 3, 5, 7, 8, 10, 12 through 21, and 25.)

25. Other Provisions (The failure of GPC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Terms of Service including GPC's policies governing the Service referenced herein, constitutes the entire agreement between GPC and Buyer with respect to Buyer's use of the Service. This Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than Buyer and GPC, Google, and other GPC affiliates which each shall be a third party beneficiary of this Terms of Service for Buyers, and no other person shall assert any rights as a third party beneficiary hereunder.)

After reviewing these terms of service the buyers can click 'I agree' button if they are satisfied and can start shopping!