1. TERMS OF USE

By downloading, browsing, accessing, or using Pay Clean, LLC ( “Pay Clean Application” ), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Pay Clean Application and your use of the services offered on the Pay Clean Application. Continued use of the Pay Clean Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

 

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
Account means an account created by a User on the Pay Clean Application as part of Registration.
Sub Merchant refers to any entity or business who agrees to the terms and conditions and is using the Pay Clean system.
Privacy Policy means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.
Redeem means to redeem a Sub Merchant’s or customers provided services either from Pay Clean or the Sub Merchants on these Terms and Conditions of Use and
Redemption means the act of redeeming such provided services.
Register means to create an Account on Pay Clean Application and “Registration” means the act of creating such an Account.
Services means all the services provided by Pay Clean via the mobile application to Users, and “Service” means any one of them,
Users means users of the Pay Clean Application, including you and “User” means any one of them.
Customer these are people and individuals that purchase goods and services via the Pay Clean application through a Pay Clean Sub Merchant.
Transaction(s) the act of purchasing any good or service from Pay Clean or the Sub Merchants.

 

3. GENERAL ISSUES ABOUT THE PAY CLEAN APPLICATION AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the mobile application and the making of any transactions are subject to these Terms and Conditions of Use.
3.2 Location: The Pay Clean Application, the Services and any other uses are intended solely for use by Users who access the Pay Clean Application in United States of America (US). We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of the US. Notwithstanding the above, if you access the Pay Clean Application, use the Services or make any Redemptions from locations outside the US, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.3 Scope: The Pay Clean Application, the Services and any other services are for the intended use of only guest users, members, and Sub Merchants.
3.4 Prevention on use: We reserve the right to prevent you using the Pay Clean Application and the Service (or any part of them) and to prevent you from making any transactions.
3.5 Equipment and Networks: The provision of the Services and the Pay Clean Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Pay Clean Application or the Service. To use the Pay Clean Application or Services or to make transactions, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Pay Clean Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Pay Clean Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
3.6 Permission to use the Pay Clean Application: If you are not the bill payer for the mobile telephone or handheld device being used to access Pay Clean Application, you will be assumed to have received permission from the bill payer for using Pay Clean Application.

3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.

 

4. REWARDS

4.1 Need for registration: You must Register to make a Pay Clean account from the Pay Clean Application.

4.2 Application of these Terms and Conditions of Use: By making any Redemption, you acknowledge that the Redemption is subject to these Terms and Conditions of Use.
4.3 Redemption: Any attempted Redemption not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Sub Merchant’s discretion.
4.4 Restrictions: (a) Reproduction, sale, resale or trading of any rewards or Redeemed products is prohibited. (b) If any product or Sample is Redeemed for less than its face value, there is no entitlement to a credit, cash or Sample equal to the difference between the face value and the amount Redeemed. (c) Redemption of products or Samples is subject to availability of the relevant Sub Merchants’ stocks.
4.5 Pay Clean Not Liable: For the avoidance of doubt, Pay Clean shall not be liable for any losses or damages suffered by you resulting from a failure by the relevant Sub Merchant to fulfil any Redemptions in accordance with Clause 4.3 or for a failure by us to deliver any products or services to you due to the unavailability of such products or services pursuant to Clause 4.4(c).

4.6 Lost/stolen: Neither we nor any Sub Merchant shall be responsible for lost or stolen products or services that have been Redeemed.

 

5. LOCATION ALERTS AND NOTIFICATIONS

5.1 You agree to receive pre-programmed notifications (“Push Notifications”) on Pay Clean Application from Sub Merchants if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

5.2 You as the user have the right at any time to turn off location services and push notifications.

 

6. YOUR OBLIGATIONS

6.1 Sub Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant Sub Merchant for which your transaction relates to, as may be amended from time to time.

6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in  your Account.
6.3 Content on the Pay Clean Application and Service: It is your responsibility to ensure that any products, services or information available through the Pay Clean Application or the Services meet your specific requirements before making any transactions.
6.4 Prohibitions in relation to usage of Services or Pay Clean Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Pay Clean Application: –
6.4.1 To send or receive any material which is not civil or tasteful
6.4.2 To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.4.3 To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.4.4 To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.4.5 To cause annoyance, inconvenience or needless anxiety;
6.4.6 To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.4.7 For a purpose other than which we have designed them or intended them to be used;
6.4.8 For any fraudulent purpose;
6.4.9 Other than in conformance with accepted Internet practices and practices of any connected networks;
6.4.10 In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
6.4.11 In such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
6.5 Prohibitions in relation to usage of Services, Pay Clean Application: Without limitation, you further undertake not to or permit anyone else to:-
6.5.1 Resell any products or services ;
6.5.2 Furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
6.5.3 Attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
6.5.4 Execute any form of network monitoring which will intercept data not intended for you;
6.5.5 Enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.5.6 Extract data from or hack into the Pay Clean Application;
6.5.7 Use the Services or Pay Clean Application in breach of these Terms and Conditions of Use;
6.5.8 Engage in any unlawful activity in connection with the use of the Pay Clean Application or the Services; or

6.5.9 Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Pay Clean Application or Services.

 

7. RULES ABOUT USE OF THE SERVICE AND PAY CLEAN APPLICATION

7.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or Pay Clean applications will be free of faults, and we do not accept liability for any such faults, errors, or omissions. In the event of any such error, fault, or omission, you should report it by contacting us at 989-317-8035 or [email protected]/[email protected]

7.2 We do not warrant that your use of the Services or the Pay Clean Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Pay Clean Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Pay Clean Application, access to the Services and the Pay Clean Application may be suspended, restricted, or terminated at any time.
7.3 We do not give any warranty that the Services and the Pay Clean Application are free from viruses or anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Pay Clean Application from time to time. Your access to the Pay Clean Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Pay Clean Application at any time.

7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

 

8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you, with your permission uses) the Pay Clean Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Pay Clean Application.

8.2 If we suspend the Services or Pay Clean Application, we may refuse to restore the Services or Pay Clean Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
8.3 Pay Clean shall fully co-operate with any law enforcement authorities or court order requesting or directing government agency Limited to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Pay Clean Application; (b) suspend your use of the Services and/or Pay Clean Application; and/or (c) suspend the use of the Services and/or Pay Clean Application for persons we believe to be connected (in whatever manner) to you, if:
8.4.1 You commit any breach of these Terms and Conditions of Use.
8.4.2 We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
8.4.3 We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

8.6 Failure to pay Sub Merchants or Pay Clean Application using suspended or exceeded limit credit cards or payment methods will result in a temporary account hold and if no progress is made to fix this in 5 business days your account will be suspended. To get your account reopened any outstanding debits must be paid and contact with Pay Clean team member must be made.

 

9. DISCLAIMER AND EXCLUSION OF LIABILITY

9.1 The Pay Clean Application, the Services, the information on the Pay Clean Application and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Pay Clean Application and its contents, including in relation to any inaccuracies or omissions in the Pay Clean Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.3 We do not warrant that the Pay Clean Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Pay Clean Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Pay Clean Application, we make no warranties or representations as to its accuracy, timeliness, or completeness.
9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Pay Clean Application and the services offered in the Pay Clean Application, your access to, use of or inability to use the Pay Clean Application or the services offered in the Pay Clean Application, reliance on or downloading from the Pay Clean Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Pay Clean Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Pay Clean Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

9.9 We shall not be liable for any product or service that a Pay Clean Sub Merchant provided to a customer that caused harm, sickness, or any other inconveniences or actions that were not satisfactory to the customer.

 

10. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Pay Clean Application, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

 

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Pay Clean Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

11.2 Nothing contained on the Pay Clean Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Pay Clean Application without our written permission. Misuse of any trademarks or any other content displayed on the Pay Clean Application is prohibited.

11.3 We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

 

12. AMENDMENTS

12.1 We may periodically make changes to the contents of the Pay Clean Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Pay Clean Application.

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Pay Clean Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

 

13. APPLICABLE LAW AND JURISDICTION

13.1 The Pay Clean Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Pay Clean Application both you and we agree that the laws of the United States of America, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Pay Clean Application.

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the United States of America in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

 

14. PRIVACY POLICY

14.1 Access to the Pay Clean Application and use of the Services offered on the Pay Clean Application by Pay Clean, LLC and/or its group of companies is subject to this Privacy Policy. By accessing the Pay Clean Application and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy and for the purposes set out in Clauses 3.7 and/or 4.1. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Pay Clean Application and your use of the Services.

14.2 As part of the normal operation of our Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use the Services on the Pay Clean Application:-
(a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
(b) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
(c) We will only retain personal information if necessary, for the fulfillment of those purposes.
(d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
(e) Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.
(f) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We are committed to conducting our business in accordance with these principles to ensure that the confidentiality of personal information is protected and maintained.

 

15 TRANSACTIONS

15.1 Alcohol sales in the Pay Clean application
(a) Alcohol sales are permitted in the Pay Clean application only if the sub merchant serves food as well. According to ProPay alcohol sales to sub merchants that do not sell food will not be permitted to sell alcohol.
(b) Sub merchants are required to implement and enforce the state and local laws for alcohol consumption.
(c) If alcohol is purchased at a table Pay Clean recommends that someone from the wait staff walks over to table and checks everyone who looks under 40 ID’s.
(d) Any fines, legal issues or costs arise it is the responsibility of the sub merchant to pay for these. By following Pay Cleans guidelines for selling alcohol sub merchants should never have any legal issues.
(e) Customers must follow state and local laws when ordering alcohol. Failure to do so will result in legal repercussions assigned by your local law enforcement.

15.2 Payment Processing Through the Pay Clean Application
(a) Payment terms and fees are finial after agreeing to these terms and conditions, if you protest these fees or terms Pay Clean has the right to collect open balances and end the agreement between both parties.
(b) Sub merchants must agree to sign the ProPay terms and conditions along with the Pay Clean terms and conditions.
(c) Pay Clean will collect its processing service fee at the time of the transaction. (see latest transaction pricing schedule for current agreed rates)
(d) If rates on transaction change at any time Pay Clean will send out amended copies out to all Pay Clean sub merchants to agree to.
15.2 Before making a transaction all parties in the transaction must agree to the terms and conditions.
15.3 Guest Transactions
(a) Guests will be customers to the Pay Clean Application who do not have an account with Pay Clean.
(b) Guests will be charged a 1.25% transaction fee for transactions above $20.01, for any transaction less than $20.00 the transaction fee will be $0.20. By using the system and agreeing to this you are aware of this charge and this cannot be disputed.
(c) Guest information will be logged into the Merchant Admin Tool just like any other order.
(d) Guest must provide a Name and Phone number associated with the order so the Sub Merchant and Pay Clean know where the order has taken place.
15.4 Member Transactions
(a) Members are Pay Clean Application account holders.
(b) Members will be charged 1.00% transaction fee for transactions above $20.01, for any transaction less than $20.00 the transaction fee will be $0.20 By using the system and agreeing to this you are aware of this charge and this cannot be disputed.
(c) Members can collect rewards that can be used to pay for transactions at any location. This money will be applied to the bill at the time of the transaction.
(d) Members can only collect rewards if they are willing to complete the experience review or rate the product or service, they just experienced. By agreeing to this you understand that rewards will only be applied if you complete this. By pushing “Skip” you will be legally opting out of receiving rewards.
(e) If a member reviews/rates a product or service the member will be granted 0.50% cash back on the total transaction amount. By agreeing to this you understand that this is a fixed non-negotiable amount that is predetermined by Pay Clean, LLC.
15.5 Member to Sub Merchant Transactions
(a) When members order on the Pay Clean Application the processing fees will be taken out at the time of the transaction. This will cover the credit card processing fee, the payment processors fee, and the pay clean fee. For the pricing break down please review the latest agreed to pricing schedule.
(b) If a return is needed the sub merchant will have the ability to return/refund the order in the merchant admin tool. Customers will not get the Pay Clean fee back once a transaction has occurred.
(c) The Sub Merchants money that is paid from the customer for a product or service will be automatically deposited to their Heartland Payment System account.

 

16 CANCELLATIONS

16.1 Ending a contact will consist of the following
(a) Any cancelation whether Pay Clean is fault, or the sub merchant does not require our services any more will require a cancellation fee of $50.00
(b) Sub merchant will be required to fill out the Sub merchant Cancellation Form (SMCF)
(c) Once SMCF is completed Pay Clean will temporarily suspend the account for 6 months after the 6-month period the account will permanently be deleted along with any personal or any financial information that was associated with the account.
(d) If a sub merchant is found starting a company that has the same features or layout as Pay Clean, that sub merchants’ business is subject to legal action. By agreeing to this you are agreeing that you will not engage in such activities for a minimum of 10 years after the signed date.
(e) Sub Merchant fees or subscriptions will be taken out of their Heartland account before the sub merchant can completely cancel. Once this is done the Sub merchant will be able to transfer to any bank they desire.

16.2 We may terminate the agreement at its sole and absolute discretion, effective immediately, upon written, electronic, or oral notice to you.

 

17 Reducing Contact & Cleanliness Claims

17.1 Pay Cleans claims to reduce contact are based off eliminating the need for physical items to process orders. We do not guarantee that you, the restaurant staff, or any customers will not get sick or contract any dieses or sickness.

17.2 Pay Clean, its Sub Merchants, Sub Merchant Staff, and Customers all by agreeing to this understand that germs and other bacteria can still be transferred through plates, food, and any other things that are interchanged between individuals.