User Agreement

Updated 3 October 2013

Our User Agreement includes Terms of Use, which relates to your use of this site and its content, and Terms of Sale, which relates to the sale and purchase of the goods and services featured and transacted on this site.

PayByGroup and paybygroup.com (“site” or “website”) is provided to you by PayByGroup Inc., (“PayByGroup”) subject to this (“Agreement” or “Terms”). PayByGroup (“We” or “Our”) may change these Terms as we find necessary without notice by posting the changes directly in this page.

By using this website, you affirmatively agree to accept this Agreement and any changes that we make to it, whether or not you have reviewed them. If these Terms are not agreeable to you, please do not use this Site. This Agreement is nonnegotiable, and your use acknowledges acceptance of our Terms in their entirety.

Service

1. Our Service

PayByGroup provides software and technology to facilitate payments where more than one person (“user”, “customer”, “purchaser”) wishes to pay for or split the cost of a good or service together. PayByGroup offers this software as a service directly to Merchants, so they can make it available to their customers.

2. Software as a Service

PayByGroup ‘s software is the core of its service. Merchants may choose to integrate their own Merchant account for credit card processing, or they may use PayByGroup for payment processing, if they receive approval to do so from PayByGroup. Although our service may include payment processing, we are not a bank or a money service business, and we do not offer banking or money service business services as defined by the United States Department of Treasury.

3. Your authorization

By accepting these Terms, you authorize PayByGroup, Inc. to hold, receive, and disburse funds on your behalf for and to the Merchant. Your authorization permits us to generate a paper draft and electronic funds transfer to process each payment transaction that results from your use of PayByGroup as detailed below.

Registration and Use

4. Implementation

A user can either create a purchase as an organizer, or become invited to join a group as an invitee. When a purchase is created, organizers invite other people via email or social networks to split the cost or join their purchase. An organizer can also pay their per-person share of the cost and leave comments or details for the invitees to the group purchase to see (“invitee” or “invitees”). Once a purchase has been created, the invitees will receive email invitations or messages via social networks to join the team with a link to the group purchase dashboard (“dashboard”) where invitees can commit to pay their share and leave messages for the team or organizer.

5. First Come, First Serve

Groups that have a maximum number of invitees will fill on a first come, first serve basis. Groups will remain open until the targeted size or total cost is met and the organizer chooses to finalize the purchase. An organizer can finalize a purchase at any time once the minimum number of invitees, as set by the organizer, is reached. Even if the organizer has not finalized the purchase, no additional invitees may join the purchase once the maximum number of invitees has been reached, as set by the organizer or limited by the Merchant.

6. Time Allowed

Groups will be given between one and sixty days, as set by the organizer, to cumulatively reach the total cost of the good or service, unless the Merchant’s last day to pay occurs at a sooner time (for example, where an event date is fewer days away than the time limit set by the organizer).

7. Authorizations and Transactions

When an organizer or invitee commits to pay their per-person share, the maximum per-person cost is first authorized. This maximum per-person cost is equal to the cost of the purchase divided by the minimum number of invitees required by the organizer to complete the purchase. The full authorized amount or an amount less than the authorized amount is then transacted when the group reaches its target total cost and/or number of participants and the organizer finalizes the purchase. If the group does not reach its goal for total cost and/or number of participants by the deadline set by the organizer, then any pending credit card authorizations will be voided.

If a group successfully reaches the target total cost and/or number of participants for completion of the purchase, all user authorizations will be captured at the amount or less than the amount originally authorized based on the final number of invitees that participate, and all parties to the transaction, including the Merchant, PayByGroup, organizer, and all committed invitees, will receive confirmation of the transaction success. The organizer will also receive a group receipt, which confirms the total amount paid through PayByGroup and any details of the transaction provided by the Merchant.

Once the transaction has been successfully completed, the organizer may contact the Merchant with reference to the successful purchase and the details provided in the group receipt.

Terms of Sale

8. Payment acceptance

By clicking on the “Claim My Spot” button, you affirmatively mark your acceptance and intent to make payment for the product or service as presented on the Merchant’s originating URL and/or on the group purchase dashboard. When you purchase one or more spots, you accept and confirm that you wish PayByGroup to authorize and capture the total amount entered on the payment info page to the credit card provided by you. You are responsible for all use and any purchases made with your account, whether or not you have authorized this use.

9. PayByGroup’s Right to Cancel

PayByGroup reserves the right to cancel your purchase, and that of your team, for any reason, without limitation.

10. Cancellation of Individual Transaction

Committed invitees can withdraw their commitment by logging in and going to the dashboard at any time before the organizer finalizes the purchase. After the purchase has been finalized, all of the committed invitees have been charged. Please contact Customer Support at 1-855-729-2947 or support@paybygroup.com if you need assistance.

11. Pending authorizations

Pending authorizations may remain on your credit card for a period of time even after the purchase is voided or cancelled, or even if you modify or cancel your transaction, as determined by your individual credit card provider.

12. Transaction Errors

In the event that PayByGroup attempts to process an organizer or invitee’s card and that transaction results in a denial or error, the group will remain open for further invitees to commit. This error may be caused by expired credit card or a change in your credit card information. If you receive notification of an error, you must correct and resubmit your credit card information before the organizer finalizes the purchase in order to be included in the group. An invitee’s spot cannot be held unless the transaction is confirmed.

13. No guarantee of purchase completion

PayByGroup does not guarantee that the group will reach the total purchase price or the minimum number of participants. You accept that even if your order is processed and your card is authorized, this does not guarantee that your group will successfully complete the purchase.

14. Merchant Policies

By purchasing, you agree to the Merchant’s cancellation or reservation policies as may be displayed on their website. You also must agree to observe, comply and respect any of the Merchant’s specified limitations as stated on the product’s originating URL. From the group dashboard, you can view the originating URL by clicking on the link button provided toward the lower right of the page with the purchase details. PayByGroup will not waive or alter Merchant’s conditions, policies or limitations for an individual organizer, invitee, or group.

15. Availability of Product or Service

PayByGroup cannot hold or guarantee the availability of the item or service offered for sale while invitees commit and the organizer finalizes payment. As a user, you must accept that the item or service that your group is aiming to purchase may become unavailable while your group is in the process of reaching the total cost and/or minimum number of participants. In the event that the item or service becomes unavailable while the group is in the process of completing, PayByGroup will inform your group and void all pending authorizations.

16. Refund policy

In the event that a dispute arises between you and the Merchant, and Merchant does not resolve the problem to your satisfaction, please contact PayByGroup Customer Support to inform us of the dispute and request resolution. All refunds must be issued from PayByGroup, not the Merchant directly. PayByGroup believes that a company is built on its customers, and we aim to deliver exceptional customer service. We will make every effort to resolve the dispute to your satisfaction and work with the Merchant to achieve that goal.

Our refund policy helps you in the event that you encounter a problem on these grounds: 1) that you did not receive the item or service you paid for with PayByGroup, or that the Merchant is unable to fulfill the order for the item or service; and 2) the item or service was provided or received, but was not as described.

For refunds/returns, please contact PayByGroup Customer Support at 1-855-729-2947 or support@paybygroup.com within 30 days from purchase.

17. Requests for documentation

During a dispute or in connection with a request for refund, PayByGroup may request certain documentation that may be instrumental in determining how the dispute should be resolved. You may be asked to provide emails, documents, receipts, photographs or other items that may be requested by PayByGroup.

18. Unauthorized Use

In the event of unauthorized use of your account, you agree to notify PayByGroup immediately upon discovery.

19. Non-conversion of credit

A sale or purchase through PayByGroup cannot be converted into credit with Merchant.

20. Purchases with specific date(s)

Group purchases which are designated to take place on a specific date or event date must be redeemed on that specific date, unless the Merchant is able and does agree to accommodate the group on an alternative date.

21. No double recovery

PayByGroup prides itself on great customer service. Before contacting your card issuer or filing a dispute with PayByGroup over a charge, you may pursue a refund directly with PayByGroup Customer Support by contacting us at 1-855-729-2947 or support@paybygroup.com. You may not request a return from PayByGroup if you have already received a recovery directly from your card issuer.

22. Waiver of Liability

By purchasing an offer on this site, you affirmatively accept that you will not hold PayByGroup, Inc. responsible or liable in any way for any loss or damages or other claims that may arise out of your purchase, including any event or claim that may occur at Merchant’s place of business, on their premises, or during the use or redemption of any good or service purchased using PayByGroup.

23. Lost or Stolen Items

You will not hold PayByGroup, Inc. responsible in the case of lost or stolen items at Merchant’s place of business, on their premises, or during the use or redemption of any good or service purchased using PaybyGroup.

Terms of Use

24. Use of PayByGroup

By using the PayByGroup service and paybygroup.com, you agree to provide true and accurate information about yourself as prompted for use, subscription, and purchasing on this site. If at any time, information provided by you is revealed to be untrue, inaccurate, or incomplete, we may terminate your account and refuse future use of our site and service at our sole discretion and for any reason that we deem necessary.

25. Third party links

This site may provide links to third parties. These links are provided as a convenience to you, and do not signify that PayByGroup endorses or is liable in any way for the content, products, services or materials displayed or offered on that third party site. Any problems or complaints that you may have with regard to that third party site should be directed to that third party site’s administrator.

26. Abuse of Purpose

As a user, you agree not to use the site for these purposes or any other negative purposes, without limitation: 1) any activity that is beyond or contrary to the purpose and intent of this site 2) use of this site or any materials from the site in a way that is unlawful or harmful to any person, being tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, harmful, threatening, pertaining to sexual acts, disrespectful or unprofessional, or hateful; 3) any use that harms minors, whether or not intentional; 4) any use that harasses, degrades, or intimidates an individual in any way, whether or not intentional; 5) falsely representing who you are; 6) uploading or transmission of content that infringes on another person’s intellectual property, be it copyrighted, patented, trademarked or reserved; 7) uploading or transmission of any material that is designed to interrupt, destroy or limit the functionality of this site or any of our affiliated pages, or that inhibits or impacts any user’s ability to utilize the site; 8) any attempts to intercept or extract any information, whether personal, sensitive or otherwise, from this site or its server; or 9) any attempt to manipulate.

27. Email Notifications

You agree that PayByGroup may send you email notifications from time to time as may pertain to your account in addition to information and notifications from the teams to which you have been invited or have joined. If we send you an email notification, that email will be considered to have been received by you within 24 hours from the time we email it to you.

28. Password Security

You are responsible for the safekeeping and security of your password and any user identification that you may use to login to PayByGroup.

29. Termination of Account

To close your account, please send an email to support@paybygroup.com with “Account Termination Request” in the subject line. The request must be received from the same email that we have registered for your account and should specify the account email and the full name of the account holder. If there are any pending authorizations, they will be voided in order to close the account.

Breach of Terms of Use

30. Breach

If you know or suspect a violation on any portion of this Agreement you agree to immediately inform PayByGroup by emailing us at support@paybygroup.com.

Limitation of Liability

31. General limitations

By using this site, you agree that you will not hold PayByGroup, Inc., its officers, employees, agents, sponsors, affiliates, successors or assigns liable to any party for any damages, whether direct, indirect, special, punitive, incidental or other, arising or deriving in any way from the use of this site or purchases facilitated by PayByGroup, even if PayByGroup is aware of the possibility of causing such damage, regardless of the form of action. To the extent that this limitation of liability may be limited by state law, liability shall be limited to the extent permitted by law.

This site and the purchases facilitated by PayByGroup are provided “as is,” “as available,” with “limitations as posted” (displayed on the originating URL page), and “where is,” without any warranty of any kind, either express or implied.

32. No warranty

PayByGroup does not warranty, without limitation to the forgoing, Merchant’s availability, pricing, condition, accuracy, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. You agree that PayByGroup shall not be liable for any damages or injury caused by the site or your use of the site including, but not limited to, any error, omission, deletion, defect, or any failure to perform, error, omission, interruption, deletion, defect or delay in operation, whatever the cause, theft or destruction or unauthorized access, breach of contract, tortious act or claim, negligence, or any other cause of auction. PayByGroup does not warranty or guarantee protection from viruses or other computer system infections. We do not claim or guarantee that the site will provide uninterrupted service, or that it will be error free.

33. Third party payment services

The execution of payments with PayByGroup can require the utilization of services of third party payment services. These services, not provided by PayByGroup, are subject to the terms and conditions of the third party. PayByGroup is not responsible, and you agree not to hold PayByGroup liable for any actions or injuries caused by these third party services.

Copyrighted content and Claims to Intellectual Property

34. Intellectual Property Claims

PayByGroup is vigilant in the protection of its Intellectual Property rights and those of others. We require that any photographs or content that is posted on our site be owned by the provider, or that the provider possess the rights to use that photograph or content in compliance with the Digital Millennium Copyright Act. Should a claim to protected intellectual property be made, we ask the user to email support@paybygroup.com immediately. We require that the user document their claim to this intellectual property with all of the requirements of the Digital Millennium Copyright Act, including: their name; username on our website (if applicable); mailing address; telephone number; e-mail address; a brief description of the copyrighted work that they claim has been infringed; a description of where the alleged infringing material was presented; a statement by them that they have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by them that all of the information provided by you is accurate, that they are the copyright owner, or that they are authorized to act on the copyright owner’s behalf. These statements with regard to a claim for intellectual property will be held under penalty of perjury. If we receive a claim to intellectual property, we will promptly notify Merchant and deactivate the use of any material pertaining to the intellectual property pending disposition of the claim.

35. PayByGroup’s Intellectual Property Rights

The trademarks, brands, service marks, logos and designs of PayByGroup and others companies serviced by PayByGroup are the property of PaybyGroup or their respective owners. Merchants who use the PayByGroup service are granted a revocable, non-assignable, non-transferable, royalty-free right to use the PayByGroup logo and widget(s) as intended for use of the service, promotion of your products and services, and to inform your users that your website utilizes PayByGroup. You agree not to alter the PayByGroup logo or the widget(s) in any way or form without the express written consent of PayByGroup, and not to use it for any purposes other than as stated before. As a user of this site, you agree not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from PayByGroup. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the trademarks is strictly prohibited without the express written consent of the owner. You may request our permission for use of intellectual property by writing to support@paybygroup.com. You must receive PayByGroup’s express consent before using this content.

36. Content provided by user

As a user of this site, you agree that if you communicate or transmit content of any kind to PayByGroup, you affirmatively and freely grant us unrestricted use of said content, royalty-free, perpetual, and irrevocable, with full license to use, distribute and display such content as we in our sole discretion may choose, either in whole or in part, that it is copyright compliant, and that you have the right to authorize its use and distribution.

37. Feedback; Idea Submissions

We are pleased to hear from you and welcome your feedback about the Website and service. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Service at our sole discretion without any obligation to you.

In the event that you submit any ideas to us about the Website or service, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.

Other provisions

38. Indemnification of PayByGroup

You agree to defend, indemnify, and hold PayByGroup, Inc., its affiliates, officers, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of PayByGroup or your purchase.

39. State law designation

This Agreement will be governed by the laws of the State of Delaware.

40. Assignment of rights

You may not transfer, assign, sub-license, or pledge in any manner whatsoever any of your rights or obligations under these Terms. PayByGroup may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

41. Severability of Clauses

The Terms posted on this page, as amended, constitute the entire agreement between you and PayByGroup. If any part of this agreement is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Privacy

PayByGroup takes your privacy and the handling of personal information very seriously. Please read our Privacy Policy here.

Contact Us

A company is nothing without its customers. We appreciate your business and thank you for using PayByGroup. If you have any questions about this Agreement or our site in general, please contact us at support@paybygroup.com, or call us toll-free at 1-855-729-2947. Notices or correspondence to PayByGroup may be sent to:

PayByGroup, Inc.

444 Castro St., Suite 1200

Mountain View, CA 94041