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.
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.
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
3.7 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.
4.1 Need for registration: You must Register to make a Pay Clean account from the Pay Clean Application.
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.
6.5.9 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]
7.5 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.
8.6 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.
9.9 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.
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.
11.3 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.
12.1 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.
(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.
15.1 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.
(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.
(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.
(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.
(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.
16.1 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.