Famly Pay Terms & Conditions

November 2018

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Thank you for using Famly Pay. This agreement governs your use of Famly Pay, and describes how you may use Famly Pay to accept payments for goods or services, or receive charitable donations, as well as other related services.

1. Famly Pay Agreement

This Famly Pay Agreement (“Agreement”) is an agreement between Famly and you, being the person or legal entity (including sole proprietors) identified to Famly as the owner of the Famly Account. You expressly agree to the terms and conditions of this Agreement, the Famly Terms and Conditions, and any updates or modifications to either of those documents made from time to time by Famly.

We use a number of defined terms in this Agreement. The products and services that you receive from Famly, regardless of whether or not fees are charged, are referred to as “Services”. Actions submitted by you or on your behalf using Famly Pay are referred to as “Activity”, and this includes the communication of information about Transactions (including Charges) and Refunds, adjustments, the handling of Disputes (including chargebacks), and “Your Data” refers to data about you, your customers or users, Activity on your Famly Account, and your Transactions.

You confirm that all of the information that you provide to Famly directly or through the Famly Platform is accurate and complete, and that you are authorised to agree to this Agreement.

2. Famly and Stripe

Payment processing services on Famly are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By accepting the terms of this Agreement or continuing to use Famly Pay, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You authorize Famly to share it and any transaction information related to your use of the payment processing services provided by Stripe.

3. Relationship to Other Agreements

Please read this Agreement carefully. To the extent that there is a conflict between the Famly Terms and Conditions and this Agreement related to your use of Famly Pay, this Agreement will prevail.

4. Pricing

The pricing for your use of Famly Pay is stated in your Famly Platform. Famly will have the right to deduct from your Famly Account balance Famly’s fees for Services and the Platform Services fees. If your Famly Account balance becomes negative, you authorize Famly to debit the amount owed from your Payout Account. If you believe that fees have been incorrectly deducted, please contact us.

5. Relationship with your Customers and Users

You expressly acknowledges that you have a direct relationship with your Customers or Users and the business name Famly will appear on all credit card and bank statements.

It is your sole responsibility to create the terms and conditions associated with the sale and supply of your products and services to your Customers or Users through the Platform and associated services. Famly provides you with the ability to notify such terms and conditions to your Customers prior to transactions but does not accept any responsibility or provide any warranty, representation, condition or guarantee as to the accuracy or legality of such terms and conditions.

6. Termination

The term of this Agreement will begin when you register your Famly Account with the Famly Pay Service and will end when terminated by you or by Famly, as described in this Agreement. You may terminate this Agreement at any time by providing notice to Famly and immediately ceasing your use of Famly Pay. However, if you commence using Famly Pay again, you are consenting to this Agreement. Famly may terminate this Agreement (a) where you are in breach of this Agreement and fail to cure the breach upon 30 days’ notice by Famly (such notice and cure period only being required if curing the breach is feasible); or (b) upon 120 days’ notice for any reason. Famly may also terminate this Agreement immediately if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding, or if Famly determines that you are engaged in activity that fails to comply with applicable law or causes a significant risk of reputational harm to Famly.

All provisions giving rise to continuing obligations will survive termination of this Agreement. As stated above, the Famly Terms and Conditions governs your use of Services, so the termination of this Agreement will not immediately trigger termination of the Famly Terms and Conditions. All obligations in the Famly Terms and Conditions will only be terminated in accordance with the terms and conditions of the Famly Terms and Conditions. Termination of the Famly Terms and Conditions will cause this Agreement to automatically terminate.

7. Limitations on Famly’s Liability

Famly is also not responsible for your obligations to your Customers or Users (including to properly describe and deliver the goods or services being sold to your Customers). You are solely responsible for, and Famly expressly disclaims all liability for, your compliance with applicable laws and obligations related to your provision of the goods or services to your customers, or receipt of charitable donations. This may include providing customer service, notification and handling of refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Services. You agree to indemnify Famly for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your Customers or Users.

8. Data Processing by Famly and Stripe

In connection with this agreement Famly may process Personal Data including Payment Data on you and your Customers and Users. The processing of data by Famly on behalf of you is governed by The Famly Data Processing Agreement. In addition to the sub-processors specified in the Famly Data Processing Agreement the below sub-processor will be used as a result of this Agreement, but only for payment and compliance related data:

Stripe Payments Europe, Ltd.,
a private limited company organized under the laws of Ireland with offices at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland

Stripe is a global business. Personal Data processed by Stripe may be stored and processed in any country they have operations or where Stripe engages service providers. Stripe may transfer Personal Data that they maintain about you to recipients in countries other than the country in which the Personal Data was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, Stripe will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in Stripe’s Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

If you are located in the European Economic Area (“EEA”) or Switzerland, Stripe complies with applicable laws to provide an adequate level of data protection for the transfer of your Personal Data to the US. Stripe Inc. is certified under the EU-U.S. and the Swiss-U.S. Privacy Shield Framework and adheres to the Privacy Shield Principles. For more, see Stripe’s Privacy Policy. In addition, Stripe have implemented intra-group data transfer agreements which you may view upon request.

Where applicable law requires Stripe to ensure that an international data transfer is governed by a data transfer mechanism, Stripe use one or more of the following mechanisms: EU Standard Contractual Clauses with a data recipient outside the EEA, verification that the recipient has implemented Binding Corporate Rules, or verification that the recipient adheres to the EU-US and Swiss-US Privacy Shield Framework.

Thank you and welcome to Famly Pay!