Terms & conditions

These Terms were updated on 13 December 2016 to include the clauses appearing below under the headers "Giving Statements" and "GIVING STATEMENTS - INDEMNIFICATION". By continuing to use the Application, you agree to these additional Terms, and the Terms generally.

Terms

These Terms of Use ("Terms") apply to all use of the Pushpay mobile payment application for use on iPhone/iPad and/or Android devices (the "Application") by you, or by any entity or organization on whose behalf you use the Application (together, "Users"). The Application is made available by Pushpay Limited ("Pushpay"), who can be contacted at helpme@pushpay.com. By downloading or installing the Application, Users confirm that they have read, understood, accept and agree to be bound by these Terms. Users may only use the Application in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by Pushpay.

Amendments

Pushpay reserves the right to amend or update these Terms at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Application that will be subject to the Terms. Any User who continues to use the Application after any changes are made will be taken to have agreed to those changes.

The Application

In these Terms, any User wishing to use the Application in order to be able to receive payments for goods and/or services from other Users are described as "Merchants". For the avoidance of doubt, "Users" refers to both Merchants using the Application to receive payments, and to all other Users using the Application to make payments.

Upon downloading the Application and providing the information required pursuant to clauses 5 and 6 below, Users will be able to pay Merchants, and Merchants will be able to receive payment from Users, for certain goods and/or services being sold by Merchants.

Pushpay hereby grants to each User a personal, limited, worldwide, non-exclusive, revocable, non-transferable and non-assignable licence to download, install and use the Application on each User's own iPhone/iPad or Android device(s) strictly in accordance with these Terms.

Pushpay may release new versions of the Application from time to time, and require all Users and Merchants to download and use the latest version. The Application may only be used in accordance with these Terms, and Users and Merchants must not (and must not attempt to) copy, reproduce, modify, adapt, reverse-engineer or decompile the Application in any way.

Use of location

The Application collects and records each User's location, provided that Users have given their consent and their device settings allow it. This location information is used to identify Merchants in a User's proximity and to pinpoint the location of a transaction for security purposes. The terms of Pushpay's Privacy Policy shall apply to such information.

SMS Communication

Pushpay operate a SMS short code service that you can use to receive links to download the Pushpay mobile application, or links to online giving sites. By sending a message to the Pushpay short code, you authorize Pushpay to send you a return message containing the information you have requested. Pushpay will only send you one message in response. Please note that Message and Data rates may apply. Should you need help Text HELP to 77977 or contact us on US Toll Free 844 PUSHPAY (844 7874729), if you wish to stop receiving messages from Pushpay Text STOP to 77977.

Alerts are supported by most major mobile providers in the US, including AT&T, T-Mobile®, MetroPCS, Sprint, Virgin Mobile, Verizon Wireless, Cricket Wireless, NTelos, U.S. Cellular®, Boost, Cincinnati Bell, C-Spire Wireless, CellCom, Carolina West Wireless

User account information

In order to be able to make payments for goods and services via the Application, Users will need to provide certain information about themselves (as prompted by the Application) ("User Account Information"). All Users agree to provide true, accurate and current User Account Information. Users grant a non-exclusive, worldwide, royalty-free licence to Pushpay to use such User Account Information solely for the purposes of supplying the services provided by the Application, including disclosing such User Account Information to third parties as necessary (for example, disclosing limited User Account Information to merchants at the time of a purchase, or verifying a User's account information with their credit card company).

Merchant account information

Merchants will need to provide certain information about themselves (as prompted by the Website) ("Merchant Account Information"). All Merchants agree to provide true, accurate and current Merchant Account Information. Merchants grant a non-exclusive, worldwide, royalty-free licence to Pushpay to use such Merchant Account Information solely for the purposes of supplying the services provided by the Application, including disclosing such Merchant Account Information to third parties as necessary.

Cancellation of accounts

Users are entitled to cancel their account with Pushpay at any time by deleting the Application on their iPhone/iPad or Android device(s).

Merchants are entitled to cancel their account at any time by giving 30 days notice in writing to Pushpay.

Pushpay may cancel a User's account at any time, unless such User is a Merchant, in which case Pushpay shall give 30 days notice in writing. Pushpay may, in its discretion, choose to withdraw or discontinue the provision, operation and/or support of the Application at any time, and shall have no liability to any Users if it chooses to do so.

All cancellations will result in the deactivation or deletion of the User's or Merchant's account.

Fees

Merchants must pay a fee to Pushpay in order to use the Application ("Fees"). The Fees charged by Pushpay are to be agreed in writing with a merchant. Fees will be invoiced to Merchants on a monthly basis. Fees are subject at all times to change by Pushpay giving 30 days notice, which will be emailed to the merchant.

Taxes

All Fees are exclusive of all taxes (other than New Zealand goods and services tax), and the Merchant indemnifies Pushpay against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and or interest.

Malfunctions and technical support

Pushpay takes all reasonable steps to ensure that the Application will function as intended once it is downloaded by Users. However, Pushpay shall not be liable if at any time the Application malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Application. Pushpay will try to promptly address (during normal business hours) all technical issues that arise in relation to the Application.

Responsibility

Each User will be responsible and liable for all transactions effected through their use of the Application. Pushpay will not be held accountable if a User suffers any loss or damage as a result of the use of the Application.

Warranties and Liability

The Application and all content, functionality and features within it (the "Materials") are provided "as is" and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Pushpay disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Application is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.

Save in respect of any liability for personal injury or death caused by our negligence, Pushpay shall not be liable for any damages, loss or injury arising in connection with these Terms and/or use of, or the inability to use, the Application or any function or services provided by the Application, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.

While Pushpay uses reasonable efforts to ensure that the Application is free from viruses and other malicious content, neither Pushpay nor any other party involved in producing or delivering the Application assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users' computers or mobile devices or other property on account of access to or use of the Application.

Each User indemnifies, and will keep indemnified, Pushpay against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Pushpay may incur or be subject to or suffer as a result of the User use of the Application and the services and functionality provided by it.

Giving Statements

In the Application, Pushpay (or its affiliates) makes available to Merchants a feature called Giving Statements. A Giving Statement is a financial summary that captures the payments and contributions made by Users to Merchants on an annual basis based entirely on the information provided by Merchants to Pushpay (or its affiliates).

Merchants are responsible for providing true, accurate and complete information to Pushpay (or its affilaites) in a timely manner to allow the Giving Statements to be issued. Pushpay (and its affiliates) do not verify this information and accept no responsibility for its accuracy or completeness, including in the form that this information may appear in any Giving Statement. Giving Statements do not constitute tax advice. Merchants and other Users should carefully review information on payments and contributions contained on a Giving Statement to ensure that it is accurate and complete, and should consult their respective tax advisers concerning the tax deductibility of amounts reflected on the Giving Statements.

GIVING STATEMENTS - INDEMNIFICATION

Without limiting any other rights available under these Terms or generally at law, by using the Giving Statements feature a Merchant agrees to indemnify and hold harmless Pushpay and its affiliates (including for the avoidance of doubt, Pushpay Holdings Limited), and each of their respective directors, agents, employees, and suppliers from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) that arise from or relate to the use of the Giving Statements feature. This indemnification obligation will survive the termination of these Terms and use of the Application.

No illegal or malicious use

No User may use the Application for any illegal or unauthorised purpose, or for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User.

Intellectual property and Privacy

All Users agree that Pushpay owns all of the intellectual property rights existing in the Application and that nothing in these Terms shall operate to transfer or assign any such rights to any User.

Any information, data, or other content which is generated in the course of use of the Application by a User ("Data") shall vest in and be owned by Pushpay. To the extent such Data contains any personally identifiable information, the terms of Pushpay's Privacy Policy shall apply.

Branding

No User or Merchant may publish or use Pushpay's brand, branding or logos except with Pushpay's prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Application.

Special Promotions

A Special Promotion is defined as a product or service that is delivered to the User in addition to the standard product/service offerings of Pushpay.

In the event wherein a promotional product or service has been received by the User, the User is required to utilize the Pushpay App for a minimum period of twelve months. If the User ceases to use the Pushpay App before the end of the twelve month term, the User will be required to either:

Return the product in good condition to Pushpay, if practical, OR pay an early termination fee in the amount of $30 per month x the remaining months of the 12 month term.

Security

Pushpay takes reasonable measures to keep User Account Information and Merchant Account Information secure against unauthorised use or access. However, Users shall be responsible for maintaining the security of their Pushpay account by keeping their User Account Information or Merchant Account Information (as the case may be), Passcode number and log-in details confidential and secure, and not sharing any such information with any third party. Users must select their Passcode numbers carefully, and Passcode numbers must not be sequential or easily-identifiable numbers (for example, birthdates, 1-2-3-4 or 1-1-1-1).

Pushpay shall not be liable for any loss, cost or damage suffered as a result of any unauthorised use of the Application by any third party caused by Users failure to comply with these provisions. Users must notify Pushpay immediately if they suspect or become aware of any unauthorised or fraudulent use of their account.

Non-compliance

If a User does not comply with any aspect of these Terms, Pushpay may (without prejudice to any other rights or remedies available to it) cancel or suspend that User's account, disable the ability of that User to use the Application, and/or terminate these Terms (including the licence granted within it). Pushpay shall not be liable for any loss or damage suffered by Users as a result of Pushpay exercising its rights under this clause.

Governing law and jurisdiction

These Terms shall be governed by New Zealand law, and all Users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.