RAPID TRANSFER END USER TERMS AND CONDITIONS

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1. Agreement

These Terms and Conditions, together with our and any other terms and conditions referred to in these Terms and Conditions or in the Privacy Notice, constitute an agreement (the “Agreement”) between you (“you” or the “end user”) and Paysafe RT, LLC, a Delaware limited liability company that does business under the trade name Rapid Transfer (“Rapid Transfer”, “us” or “we”) and applies to your use of the Rapid Transfer service described in this Agreement (the “Service”). You are advised to print or download and keep a copy of these Terms and Conditions for future reference. You can always view our current Terms and Conditions on our Website. 

2. About Rapid Transfer

Our goal at Rapid Transfer is to provide you with an easy way to connect your bank account or other financial accounts to software applications that allow you to transfer money, as well as other financial transactions. These software applications are developed and provided by our business customers (“Merchants”) and are powered by Rapid Transfer. 

Rapid Transfer is a wholly owned subsidiary of Paysafe Group, Ltd., a company incorporated under the laws of the Isle of Man (“Paysafe”). Our address is: Rapid Transfer, 2 S. Biscayne Blvd., Suite 2630, Miami, Florida 33131.

3. Definitions. For purposes of the Agreement:

3.1ACH” means an electronic transfer of funds coordinated though the Automated Clearing House network.

3.2Bank Transfer” means a direct electronic transfer of funds from one bank account to another bank account.

3.3Customer Service” means our customer service, which you can reach by sending a message through the “Support” facility on the Website.

3.4Data” means any information you provide to us, including your Online Banking Credentials, or any information we may lawfully obtain from your Designated Bank Account using your Online Banking Credentials.

3.5Designated Bank” means the bank at which you hold any Designated Bank Account.

3.6Designated Bank Account" means any bank account you select to make an ACH or bank wire payment using the Service.

3.7Online Banking Credentials" means any login information we may collect from you that is required by your Designated Bank to access your Designated Bank Account, such as your username and password, physical or email address, or answers to security questions.

3.8Online Banking Credentials" means your username, password and any other security features or information required to obtain online access to your Designated Bank Account.

3.9Website” means the website available at https://www.skrill.com/en-us/.

4. Your Consent

4.1 You explicitly consent to us accessing, collecting, processing, maintaining and sharing your Data in the manner described in this Agreement, for the purposes of providing the Service to you, each time you use the Service.

4.2 Without limiting the generality of Section 4.1 above, you explicitly grant your consent to us and the Merchant whose products or services you are attempting to purchase using our Service:

  • Obtaining your Online Banking Credentials in the manner described and set forth in Section 5 below.
  • Collecting your Data in the manner described and set forth in Section 6 below.
  • Using your Data in the manner described and set forth in Section 7 below.
  • Sharing and maintaining your Data in the manner described and set forth in Section 8 below.

 4.3 You may withdraw this consent at any time by contacting our Customer Service. If you withdraw your consent, we will cease using your Data for the purpose of providing you the Service, but may continue to process your Data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions or you continue to receive other applicable services from any other Merchant.

4.4 Your consent does not affect our and your respective rights and obligations under any applicable data protection legislation.

4.5 The collecting and processing of your Data by us is governed by all applicable law and by our Privacy Notice.

5. How the Service Works

5.1 The Service allows you to provide and have verified the information necessary to initiate a transfer of funds from a Designated Bank Account to any Merchant who accepts ACH and Wire Transfer powered by Rapid Transfer as a means of payment. Once you selected to pay via ACH and Wire Transfer powered by Rapid Transfer on the payment checkout page of the website of any Merchant who uses the Service, you were redirected from the Merchant website to our Website.

5.2 You will need to input the Online Banking Credentials for your Designated Bank Account. When providing this information, you give the Merchant, and Rapid Transfer as its service provider, the authority to act on your behalf to access your Designated Bank Account and transmit information from your Designated Bank Account to the Merchant. 

5.3 We will use your Online Banking Credentials to run an automated check on your Designated Bank Account to assess if the transfer of funds will be successful. We will communicate this assessment to the Merchant. We will then be returned to the Merchant website checkout confirmation page.

5.4 Our assessment as to whether your requested transfer of funds will be successful or not will be based on a variety of factors. Reasons why we may determine that your requested transfer will not be successful include:

  • you provide us with incomplete or incorrect information;
  • there are insufficient funds in your Designated Bank Account to make the transfer;
  • we have reason to believe you are not the named account holder of the Designated Bank Account;
  • we believe the requested transfer may be fraudulent or otherwise unlawful; or
  • we reasonably believe we are required to do so to comply with applicable law.

5.5 If our assessment is that the transfer will be successful, the Merchant should then initiate the transfer of funds by securely communicating with your Designated Bank and instructing it to make a transfer of funds from your Designated Bank Account. Your Designated Bank should then make the transfer of funds in line with any timeframes you have agreed to with them.

5.6 If our assessment is that the transfer will not be successful, the Merchant will cancel the requested transaction.

5.7 Please note that Rapid Transfer’s only responsibility in providing the Service is to run an automated check on your Designated Bank Account to assess if the transfer of funds will be successful or not and to communicate that assessment to the Merchant. Rapid Transfer does not transfer funds or initiate any transfer of funds, and Rapid Transfer is not responsible or liable for any mistakes or wrongful acts committed by any Designated Bank or by any Merchant.

6. Information We Collect

6.1 The information we collect from your Designated Bank that maintains your Designated Bank Account may vary depending on the information made available by your Designated Bank. The types of information we may collect from your Designated Bank include, but are not limited to:

  • Designated Bank Account information, including your Designated Bank name, account name, account type, and account and routing number;
  • Information regarding the account owner(s), including name, email address, phone number, and address information.
  • Information regarding account balances, including current and available balances;
  • Information regarding credit accounts, including statement due dates and balances owed, payment amounts and dates, transaction history, and interest owed;
  • Information regarding outstanding loans, including due dates, balances, payment amounts and dates, term, and interest; and
  • Information regarding account transactions, including amount, date, transaction descriptions.

6.2 The information we collect may include any of your sub-accounts (e.g., checking, savings, credit card) that are accessible through a single set of account credentials, even if only a single sub-account is designated by you.

6.3 When you use your device to connect to our services through a Merchant application, we receive information about your device, including IP address, model, operating system, and other technical information about the device. We may also use cookies or similar tracking technologies to collect usage statistics and to help us improve our services.

6.4 We may receive information about you directly from any Merchant with whom you connect or other third parties, including service providers and identity verification services.

7. How We Use Your Information

We use the information we collect to operate, improve, and protect the Service we provide to you and our Merchants, and to develop new services. The purposes for which we may use your information includes, but is not limited to:

  • To operate, provide, and maintain our Service;
  • To improve, enhance, modify, add to, and further develop our Service;
  • To develop new services;
  • To protect you, Merchants, our partners, or Rapid Transfer from fraud, malicious activity, and other privacy and security-related concerns;
  • To provide support to Merchants, including to help respond to your inquiries related to our Service or Merchants’ software applications;
  • To investigate any misuse of our Service or Merchants’ software applications, including violations of our Merchant Terms of Use, criminal activity, or other unauthorized access to our services; and
  • Any other lawful purposes for which you have provided your consent.

8. How We Share and Store Your Information

8.1 We take deliberate steps designed to protect end user information in our possession. These steps include, but are not limited to, maintaining information security controls such as data encryption, firewalls, access controls, and monitoring. We, as well as our independent auditors, regularly evaluate our controls for effectiveness and compliance with industry standards.

8.2 We may share end user information with third parties as described in this Agreement. For example, we share your information with Merchants whose products or services you use. We may also share your information:

  • With our service providers, partners, or contractors in connection with the services they perform for you, Merchants, or our end-users;
  • As we believe reasonably necessary or appropriate to protect the rights, privacy, safety, or property of you, Merchants, our partners, or Rapid Transfer;
  • If we believe in good faith that disclosure is reasonably necessary or appropriate to comply with any applicable law, regulation, or legal process (such as a court order or subpoena);
  • In connection with a change in ownership or control of all or a part of our business (such as a merger, acquisition, reorganization, or bankruptcy);
  • With our current and future parents, subsidiaries and affiliates; or
  • With your consent.

8.3 We may collect, use, and share the information we collect from end-users in an aggregated or anonymous manner (that does not identify any end-user personally) for any purpose permitted under applicable law.

8.4 We retain the information we collect about you only for as long as necessary to fulfill the purposes outlined in the Agreement, unless a longer retention period is required or permitted under applicable law, regulation, or contract. As permitted under applicable law, we may retain your information even after you stop using a software application or terminate your account with any applicable Merchant (for example, if you still have an account with another Merchant or if there is residual information within our databases); provided, however, that any such information will continue to be stored and used by us as required by applicable law and in accordance with this Agreement.

9. Suspension

We may suspend the Service at any time to address technical issues or to update the Service in accordance with applicable law and/or regulation.

10. Fees

Your Designated Bank or a Merchant may charge you fees in connection with the Service as you may agree with them. We have no control over any such fees.

11. Liability

11.1 We are not responsible for any transfer of funds. If you think that any transfer of funds was unauthorized or if a transfer or payment was incorrectly executed via Rapid Transfer or was failed to be made, you must, as soon as possible, contact your Designated Bank from which such transfer or payment was made (or was to be made) and/or the Merchant to which such transfer or payment was made (or was to be made).

11.2 Nothing in the Agreement shall exclude our liability to you where it would be contrary to applicable law or regulation to do so.

12. Changes to the Service or the Agreement

We reserve the right to make changes to the Service and/or the Agreement from time to time. If we make any such change, we will post such change on our Website. You are therefore encouraged to read these Terms and Conditions each time you use the Service.

13. How We Communicate

13.1 In order to view our emails, you need a computer with email software that can display emails in HTML format. We may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF), for which you need Adobe’s Acrobat Reader, which can be downloaded for free at the Adobe website.

13.2 We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.

13.3 We will communicate to you in English and will always accept communications made to us in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.

14. Miscellaneous 

14.1 The Agreement shall be governed by and interpreted in accordance with the laws of the state of Florida, without regard to any jurisdiction’s conflict of laws provisions. Any dispute under the Agreement shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.

14.2 If any part of the Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable, then such part shall be severed from the remainder of the Agreement, which remainder shall continue to be valid and enforceable to the fullest extent permitted by applicable law.

14.3 Subject to Section 11.2 of this Agreement, we shall not be liable for any loss or damage incurred by you or any third party as a result of any failure or delay in the provision of the Service where such failure or delay is caused by events, circumstances or causes beyond our reasonable control.

14.4 In certain jurisdictions, you may have the right to obtain access to any personal information of yours that is under the control of an organization. We encourage you to reach out directly to the Merchant or provider of the application you are using with any questions about the Merchant’s services, access to your personal information, or about our relationship with that Merchant. We work with Merchants to respond to inquiries that relate to us, our services, or our data practices, and may share any communications we receive from you or your contact information with the applicable Merchant to respond to such inquiries.