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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!
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