Payments Terms of Service | Pollieglot

Pollieglot Payments.

Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Pollieglot Platform, you agree to comply with and be bound by these Terms of Service.

Last Updated: March 1, 2019

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Pollieglot Enterprise (002787335-M) governing your access to and use of the Pollieglot website, including any subdomains thereof, and any other websites through which Pollieglot makes the Pollieglot Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Pollieglot Services"). The Site, Application and Pollieglot Services together are hereinafter collectively referred to as the "Pollieglot Platform".

When these Terms mention "Pollieglot Payments,” “we,” “us,” or “our,” it refers to the Pollieglot company you are contracting with.

Our collection and use of personal information in connection with your access to and use of the Pollieglot Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Pollieglot Platform ("Payment Services") are provided to you by one or more Pollieglot Payments entities (individually and collectively, as appropriate, "Pollieglot Payments").

1. Scope and Use of the Payment Services

1.1 Pollieglot Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Pollieglot Platform (“Payment Services”).

1.2 Pollieglot Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Pollieglot Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Pollieglot Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Pollieglot Payments of such Third-Party Services.

2. Key Definitions

“Payout” means a payment initiated by Pollieglot Payments to a Member for services performed in connection with the Pollieglot Platform.

“Payment Method” means a financial instrument that you have added to your Pollieglot Account, such as a credit card, debit card, or PayPal account.

“Payout Method” means a financial instrument that you have added to your Pollieglot Account, such as a PayPal account.

3. Modification of these Terms

Pollieglot reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Pollieglot Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Pollieglot Platform will constitute acceptance of the revised Terms.

4. Payment Methods and Payout Methods

4.1 You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times.

4.2 When you add or use a new Payment Method, Pollieglot Payments may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the Payment Method’s local currency (e.g., one Ringgit or one British pound). When you add a Payment Method, we will automatically save that Payment Method to your Pollieglot Account so it can be used for a future transaction.

4.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Pollieglot Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

4.4 You authorize Pollieglot Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Pollieglot Account.

4.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Pollieglot Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

5. Financial Terms for Pollies

5.1 Generally

Generally speaking, Pollieglot Payments will collect the Total Fees from a Friend at the time the Friend’s request is accepted by the Pollie.

5.2 Payouts

5.2.1 Pollieglot disburse payouts to Pollies via DuitNow. In order to receive a Payout you must have a valid DuitNow ID. Pollieglot Payments will generally initiate Payouts within 24 hours of the Friend’s scheduled session date.

5.2.2 Your Payout for a session will be the Session Fee less applicable Pollie Fees.

6. Financial Terms for Friends

6.1 You authorize Pollieglot Payments to charge your Payment Method the Total Fees for any session requested in connection with your Pollieglot Account. Pollieglot Payments will collect the Total Fees in the manner agreed between you and Pollieglot Payments via the Pollieglot Platform. Pollieglot Payments will generally collect the Total Fees after the Host accepts your booking request. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.

6.2 When you request for a session with Pollie, Pollieglot Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g., one ringgit or one British pound), to verify your Payment Method.

6.3 If a request is cancelled either because it was declined by the Pollie or you cancel the request before it is accepted by the Pollie, any amounts collected by Pollieglot Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

6.4 You authorize Pollieglot Payments to perform the Payment Method verifications described in Sections 4 and 6, and to charge your Payment Method for any requests made in connection with your Pollieglot Account. You hereby authorize Pollieglot Payments to collect any amounts due by charging the Payment Method provided at checkout, either directly by Pollieglot Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Pollieglot Platform.

6.5 If Pollieglot Payments is unable collect any amounts due via your selected Payment Method, you authorize Pollieglot Payments to charge any other Payments Methods on file in your Pollieglot Account (unless you have previously removed the authorization to charge such Payment Method(s)).

7. Appointment of Pollieglot Payments as Limited Payment Collection Agent

7.1 Each Member collecting payment for services provided via the Pollieglot Platform (such as Pollie Services) (“Providing Member”) hereby appoints Pollieglot Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).

7.2 Each Providing Member agrees that payment made by a Purchasing Member through Pollieglot Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Pollieglot Payments may refund the Purchasing Member in accordance with the Pollieglot Terms. Each Providing Member understands that Pollieglot Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Pollieglot Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Pollieglot Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Pollieglot Payments assumes no liability for any acts or omissions of the Providing Member.

7.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Pollieglot Payments is not a party to the agreement between you and the Providing Member, Pollieglot Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Pollieglot Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Pollieglot Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Pollieglot Payments’ agreement with the Purchasing Member. In the event that Pollieglot Payments does not remit any such amounts, the Providing Member will have recourse only against Pollieglot Payments and not the Purchasing Member directly.

8. General Financial Terms

8.1 Service Fees and Other Fees

Pollieglot Payments collects the Service Fees charged by Pollieglot pursuant to the Pollieglot Terms. Pollieglot Payments deducts the Pollie Fees from the Session Fees before remitting the Payout to the Pollie as described in these Payments Terms. Friend Fees are included in the Total Fees collected by Pollieglot Payments.

8.2 Cancellations and Refunds

8.2.1 If a Friend cancels a confirmed request, Pollieglot Payments will refund the amount of the Total Fees due to the Friend in accordance with the Pollieglot Terms (including the Friend Refund Policy).

8.2.2 If a Pollie cancels a confirmed booking, Pollieglot Payments will provide the Friend a full refund of the Total Fees within a commercially reasonable time of the cancellation.

8.2.3 All refunds may be subject to the Pollieglot Terms, Extenuating Circumstances Policy, and Friend Refund Policy. If a Friend or Pollieglot decides for any reason to cancel a confirmed request pursuant to the Pollieglot Terms, Friend Refund Policy, or Extenuating Circumstances Policy, you agree that Pollieglot Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.

8.2.4 If, as a Pollie, your Friend cancels a confirmed request or Pollieglot decides that it is necessary to cancel a confirmed request, and Pollieglot issues a refund to the Friend in accordance with the Friend Refund Policy or Extenuating Circumstances Policy, you agree that in the event you have already been paid, Pollieglot Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.

8.3 Rounding Off

8.3.1 Pollieglot may, in its sole discretion, round up or round down amounts that are payable from or to Friends or Pollies to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar); for example, Pollieglot will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

8.4 Payment Processing Errors

8.3.1 We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.

9. Disclaimers

9.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.

9.2 Notwithstanding Pollieglot Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Pollieglot Platform, Pollieglot Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Pollieglot Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.

9.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

9.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

10. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Pollieglot Account in any way, you are responsible for the actions taken by that person. Neither Pollieglot Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Pollieglot Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

If you have any questions about these Terms please email us.

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