Effective date: 06.28.2019
1. This is Your Contract with Us. Read this Agreement carefully and keep it for your records. By participating in the Service in any manner, you agree to the terms of this Agreement and agree that you will comply with all applicable laws. THIS AGREEMENT INCLUDES A PROVISION (SEE SECTION 27 BELOW) REQUIRING ARBITRATION OF ALL DISPUTES ARISING FROM THIS AGREEMENT AND YOU’RE WAIVING THE RIGHT TO ASSERT CLASS OR GROUP CLAIMS. This Agreement also includes the Additional Terms Relating to Pre-Authorized Debits/ACH (see Sections 29 through 36 below) and the terms and conditions for the VIP Program, set out in Annex A attached hereto.
2. The Service. The Service allows U.S. residents (each, a “Member”) to send payments to and receive payments from (i) other Members; (ii) customers of the Skrill Limited network; and (iii) certain merchants that have opted to participate in the Skrill USA network (each, a “Merchant”) (any such payment described in clauses (i), (ii) and (iii), a “Transaction”).
You may not use the Account to make any deposit, withdrawal or any other transaction except for the Transactions as described in this Agreement. Subject to the other terms and provisions set forth in this Agreement, we reserve the right to modify or cancel the Service at any time without notice to you, and we may implement fraud monitoring controls that may reduce cash access or spending limits to protect our Members.
3. Paysafe as Program Servicer. Skrill USA retains Paysafe Payment Services, LLC and its affiliates (“Paysafe”) to provide various services to you on our behalf. You acknowledge that, as our service provider for the Service, Paysafe is authorized to exercise rights and perform obligations that are delegated to it by Skrill USA. Without limiting the foregoing, requests, notices or directions from Paysafe to you should be regarded as notices to you from Skrill USA.
4. The Account. The Account is a limited purpose, virtual account held by Skrill USA in an aggregated account for all Members in a bank or similar financial institution (the “Bank”), and is not an individual bank account established in your name. Funds for all Members and Merchants are maintained in a pooled account held by Skrill USA at the Bank. You may fund your registered Account through (i) your credit or debit card issued by a U.S. financial institution; (ii) a bank deposit account held by you at a U.S. bank or other financial institution; (iii) a money transfer from another Member holding a Skrill USA account; (iv) a money transfer from a Merchant; or (v) a paysafecard pre-paid voucher (each, a “Funding Source”). What constitutes an acceptable Funding Source for purposes of this Agreement is subject to change by Skrill USA at its sole discretion.
5. Stored Value Balance. The balance of available funds in your Account is called your “StoreBalance.” You may only access the Stored Value Balance on deposit at the Bank through the Service. The Stored Value Balance represents an unsecured claim against Skrill USA and is not insured by the Federal Deposit Insurance Corporation (“FDIC”). The Service has no minimum balance requirements.
(a) Funds Availability. Funds deposited to your Account by credit card, debit card or from a Funding Source are generally available within fifteen (15) minutes of Skrill USA’s receipt of good funds from you, subject to certain limited exceptions, such as holds for high risk transactions, ACH deposits, or technical issues beyond Skrill USA’s reasonable control.
(b) Insufficient Funds and Account Overdrafts. You are not allowed to exceed the Stored Value Balance in your Account through an individual transaction or a series of transactions. Nevertheless, if at any time a transaction amount exceeds the balance of the funds available in your Account (creating a “negative balance”) you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. We reserve the right to bill you for any negative balance and you agree to pay us promptly an amount equal to any such negative balance. We also reserve the right to cancel your participation in the Service should you create one or more negative balances.
(c) Authorization. Each time you use your Account, you authorize us to reduce or increase your Stored Value Balance by the amount of the Transaction, as the case may be. All information regarding your Stored Value Balance on deposit with the Bank will be reflected on your Transaction history page found on https://account.skrill.com/. You will not receive a separate deposit account statement or other communication from the Bank with respect to the Stored Value Balance. You acknowledge and agree that:
(i) the Stored Value Balance may be held by Skrill USA in an omnibus or pooled deposit account on a commingled basis with funds of other Members and Merchants;
(ii) we may invest such funds in accordance with and as permitted by applicable laws, and that we alone will own the interest or other earnings resulting from such investment;
(iii) you are not entitled to, and you shall not, grant a security interest or lien to any third party in the Stored Value Balance or any portion thereof; and
(iv) you are not an account-holder with or customer of the Bank by virtue of this Agreement or the Service and you are not entitled to any interest or other compensation from the Bank, Skrill USA or any other person with respect to the Stored Value Balance.
6. Registering for the Service. In order to participate in the Service, you must be a U.S. citizen or legal permanent resident of the United States of at least 18 years of age (provided that certain Merchants may impose greater age restrictions to access their sites or purchase their products or services) and register for an Account at https://account.skrill.com/. To register your Account, you will need to provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may register for the Service one time only and are permitted to have only one Account. We reserve the right to terminate the Service and close the Account of any Member who has opened multiple Accounts or registered multiple times for the Service without notice and in our sole discretion. Notwithstanding anything to the contrary in this Agreement, we are under no obligation to provide any services to any applicant or Member and may decline any application to participate in the Service at our sole discretion.
(a) Use of Your Account. You acknowledge and agree that you may only use your Account for personal uses, and not for business purposes. In addition, you may not use your Account for any illegal purpose or for any purpose that violates any of Skrill USA’s polices.
(b) Sending a Payment.
(i) In order to send a payment, you must instruct us to pay a receiving Member or Merchant (each, a “Recipient”) and provide us with all information that we request about the Recipient and the proposed transaction on the “send money” page at https://account.skrill.com/. You may also be asked to provide information about your relationship to the proposed recipient, the source of funds for the transfer, and the purpose of the Transaction. We may decline any proposed Transaction that we determine in our sole discretion violates, or may violate, applicable law or our own policies, including policies intended to identify and prevent money-laundering, fraud and other abuses of the U.S. financial system. We may also limit the value and frequency of any proposed Transactions in our sole discretion.
(ii) When you initiate a payment, we will obtain the funds (the principal amount of the Transaction plus any applicable fees (see Section 9; Fees)) by debiting your Account. If the Stored Value Balance in your Account is not sufficient to carry out your requested payment in full, your payment request will be declined. We reserve the right to limit your choice of funding sources for any Transaction at our discretion.
(iii) We will complete a requested Transaction by sending the funds to the Recipient’s account promptly after we receive your proper instructions and full payment, plus any other information we may request.
(iv) If your intended recipient is an individual and such individual does not have a Skrill USA account (any such individual, an “Unregistered Recipient”), we will provide the Unregistered Recipient with instructions to register and become a Member and activate a Skrill USA account in order to receive the funds. Until such requested payment is accepted by the Unregistered Recipient, the funds will remain unavailable to the sending Member unless and until the pending Transaction is successfully cancelled. If, within fourteen (14) days from the request for payment to be sent to an Unregistered Recipient, the Unregistered Recipient has not opened and activated an Account or otherwise joined the Skrill USA network, we will cancel the Transaction and the principal amount of the Transaction will be returned to the sending Member’s Account.
(v) You are entitled to a refund of the principal amount of all funds proposed to be transmitted if we do not forward the money received from you within fourteen (14) days of the date that we receive all necessary information and funds (or within three (3) business days of your earlier written request), or if we do not give instructions committing an equivalent amount of money to be paid to the Recipient you have properly designated within that time frame, unless otherwise instructed by you or we are barred by applicable law or lawful order from making a refund. Further, if your instructions as to when the Transaction shall be paid are not followed and the funds have not yet been forwarded or transmitted, you have a right to a refund. In addition, while you may cancel a pending Transaction if it has not yet been processed, once the transaction has been processed by Skrill USA, the Transaction shall become irreversible. To request a refund, you may mail your written request to Skrill USA, Inc., at 100 N. Biscayne Blvd, Suite 2120, Miami, Florida 33132, or by contacting us at www.skrill.com/en-us/support/. For California Members only: If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
(c) Receiving a Payment.
(i) When receive a payment into your Account, we will credit your Account with the value of the payment. We reserve the right to (x) charge any applicable fee as may be set forth in our fee schedule (see Section 9; Fees) and (y) place a hold on funds credited to your Account and to limit the subsequent sending or withdrawal of such funds for a period of time in order to protect the Service and our Members from potential fraud, loss, chargeback/reversal risk or for other lawful purposes (including pursuant to our anti-money-laundering and related policies). In addition, we may require more time to review certain potentially high-risk transactions, and in certain cases, may place a hold on the payment and contact the sending Member or Recipient for additional information.
(ii) When you receive a payment, you shall be liable to us for any subsequent reversal of the Transaction (e.g., if the sender of the payment was using a stolen credit card or unauthorized bank account). We may reverse a previously credited Transaction at any time and without prior notice to you: (A) if we receive a chargeback or reversal of the funding Transaction, (B) if we have reason to believe that the funding Transaction was fraudulent or unauthorized, or (C) in order to protect us or the sending Member from a loss associated with the Transaction.
8. Consent for Electronic Disclosures.
(a) In order for your Account to be activated, we must have your consent to provide access to required disclosures in electronic format. If you do not consent to electronic disclosure of these documents, then you may not participate in the Service. Your consent applies to all of the documents we provide to you electronically in connection with the Service, including periodic statements and notices.
(b) Access to electronic disclosures and transactional history will be provided online at your Account page on account.skrill.com. In order to view these disclosures, you will need (i) a computer or mobile device with an internet connection; (ii) an up-to-date web browser that includes 128-bit encryption (e.g. Internet Explorer version 6 and above, Chrome version v22.214.171.124 and above, or Safari v3.2.1 and above) with cookies enabled; (iii) Adobe Acrobat Reader version 6.0 and above to open documents in .pdf format; and (iv) a valid email address (that matches your primary email address on file with Skrill USA).
(c) If you consent to electronic access to documents, we are not required to provide you with paper copies and may assess a charge, as described elsewhere in this Agreement or as we otherwise may prescribe, to provide any such paper copies to you. You may obtain Account documents in paper form without charge by printing them yourself. If you decide to withdraw your consent for electronic disclosures, you must notify us at www.skrill.com/en_us/support. Such notice will constitute notice of termination of your Account and participation in the Service.
9. Fees. We charge you certain fees (the “Fees”) for your participation in the Service. All Fees are set forth in a separate fee schedule available at www.skrill.com/en_us/fees. (“Fee Schedule”). The Fee Schedule is subject to change at our sole discretion at any time without prior notice to you, except that prior to authorizing any Transaction, you will be advised online of the Fees applicable to such Transaction. In addition to the Fees payable in connection with a Transaction, we may charge you Fees for chargebacks, returned items and other problems or delays we encounter in processing Transactions that you request, due to insufficient funds being available in your Account or other insufficient, incorrect or incomplete information you provide to us. All Fees are due immediately. You may obtain further information about Fees from our on-line support center available at www.skrill.com/en_us/support. In addition to these Fees, additional fees and taxes may apply to a Transaction (or to the recipient of a Transaction) that you originate in the United States which is paid, credited or settled outside the United States; this means that your Recipient may receive less than the full amount of the principal amount you send. We may receive a fee or other payment from the Bank in consideration for making available the Stored Value Balances for deposit at the Bank or for any other service rendered by us to the Bank. You acknowledge and agree that Skrill USA is authorized to receive such a payment from the Bank, and that you have no claim or right to such fees or portion thereof.
10. Foreign Exchange. Your account is denominated in United States dollars. If you send a transaction for payment in another currency, we will convert your dollars to the applicable foreign payment currency at an exchange rate that we set. We will always tell you that exchange rate, and the amount of foreign currency your Recipient will receive, before you send a cross border payment. In addition to the Fees we may charge you, we may also make money from the exchange of currencies.
11. Funds Transmission.
(a) We are a licensed money transmitter under the laws of various U.S. states. Click here for more information regarding the state money transmission licenses that we maintain.
(b) You acknowledge that:
(i) we are not a bank;
(ii) funds in the process of transmission from a sending Member to a Recipient through the Service are not deposits of Skrill USA, the Bank or any financial institution;
(iii) funds in the process of transmission are not insured by any government agency;
(iv) we do not act as an agent, trustee, custodian, fiduciary or escrow holder with respect to funds in the process of transmission between a Member and any Recipient or in connection with the funds balances on deposit with the Bank; and
(v) we do not pay interest on Members’ fund balances.
12. Daily Transaction Limits. Your use of the Account is subject to the daily withdrawal and transferring limits which can be found at www.skrill.com/en_us/support. These limitations apply to all Transactions. In the event that other applicable laws (such as gambling regulations) prescribe stricter limits than those set out here, those stricter requirements will apply.
13. Personal Information and Privacy.
(a) You are required to keep the information associated with your Account accurate and up to date. Continued use of your Account with inaccurate information may be regarded by us as a breach of this Agreement and may result in termination of your Account. You agree that we may require you to provide additional information at any time in order to participate in our Service. From time to time, we also may obtain information from third parties (including but not limited to credit or identity verification information) to ensure you are authorized to use your Funding Source(s), verify that your Funding Source(s) is/are in good standing or otherwise verify your ability to participate in the Service in accordance with this Agreement.
14. Our Liability to You. Except as otherwise provided in this Agreement, you shall be entitled to a refund in the amount of any unauthorized or incorrectly executed transfer from your Account and, where applicable, restoration of your Account to the state in which it would have been had the unauthorized or incorrectly executed transfer not taken place. However, there are some exceptions. Neither we nor any of our respective agents or subcontractors will be liable:
(a) for losses or damages alleged to result from our failure properly to complete a Transaction (other than as noted herein);
(b) for losses or damages alleged to result from our delay in completing a Transaction;
(c) if, through no fault of ours, you do not have enough money in your Account to make a Transaction;
(d) If the terminal or system was not working properly and you knew about the breakdown when you started the Transaction;
(e) For losses or damage arising from your misuse or inability to use our website (including but not limited to your failure to keep your Account information secure), whether due to reasons within our control or not;
(f) If we are prohibited by law from completing the Transaction or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or
(g) Due to circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) that prevent or affect the Transaction, despite reasonable precautions that we have taken.
15. DISCLAIMERS OF LIABILITY.
(a) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR THIS AGREEMENT, (i) IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES FOR DELAY, NON-DELIVERY, NON-PAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF SKRILL USA, ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS OR OTHERWISE, AND (ii) THE SOLE REMEDY AVAILABLE TO YOU FROM SKRILL USA OR ITS AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO A REFUND TO THE SENDER OF THE PRINCIPAL OF THE PAYMENT TRANSACTION AMOUNT, PLUS ASSOCIATED FEES.
(b) IN PROVIDING THE SERVICE TO YOU, NEITHER WE, NOR ANY OF OUR AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THE SERVICE EXCEPT AS SET FORTH IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(c) IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILLFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
(d) WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE SERVICE.
16. Disputes between You and any Provider of Goods or Services. You acknowledge and agree that:
(a) Skrill USA and the Service each operate solely as a payment intermediary and that Skrill USA under no circumstances functions as a seller, buyer, dealer, retailer, auctioneer, supplier, distributor, manufacturer, broker, agent or merchant of any product or service being ordered or purchased by you through the Service;
(b) Skrill USA makes no representations or warranties with respect to, and does not ensure the quality, safety or legality of any product or service ordered or purchased by you through the Service;
(c) any dispute between any you any third party regarding any product or service order or purchased by you through the Service, shall be solely between you and such third party, and Skrill USA shall not be a party to any resulting dispute, including any dispute concerning such third party’s performance or any claim by you with respect to the delivery, quality, quantity, legality or use of the products and services offered by such third party; and
(d) you shall defend, indemnify and hold harmless Skrill USA and its affiliates, agents and service providers against any claim by any third party relating to your purchase or any products and services from such third party through the Service.
17. Right of Set-Off. You agree that we are authorized at any time to set-off the funds deposited to your Account against your debts or liabilities owed to us. We may exercise this right of set-off without notice to you.
18. Documentation of Transactions. You will receive the following documentation with respect to your Transactions:
(a) At the time you make a Transaction, you will obtain an email receipt for the Transaction.
(b) You may access your Transaction history at any time, showing all debits and credits posted to your Account as well as your Stored Value Balance, by selecting the “Transactions” tab of your Account page at https://account.skrill.com/.
19. If You Need New Authentication Credentials. You agree to use your best efforts to safeguard your Account authentication credentials. If you believe that your authentication credentials have been compromised or that someone has transferred or may transfer money from your Account without your permission, you should contact us immediately at www.skrill.com/en_us/support, after which we will supply you with new authentication credentials. Our liability for loss or damage arising from the unauthorized use of the Account is limited as set forth in this Agreement.
20. Errors, Complaints and Unauthorized Transactions
(a) How to view your Transaction history: You may access your Transaction history, showing all debits and credits posted to your Account as well as your Stored Value Balance, by selecting the “Transactions” tab of your Account page at https://account.skrill.com/.
(b) How to notify us regarding errors and unauthorized Transactions: You should contact us immediately if you believe that (i) there has been an error in one or more of your Transactions, (ii) your login email or password has been compromised or (iii) someone has made (or will make) an unauthorized transfer of funds using your Account. You may be held liable for an unauthorized transfer depending on when you notify us of such unauthorized transfer. If you do not notify us of an unauthorized transfer within sixty (60) days after we make available to you a statement on which the unauthorized transfer first appears, you may be held completely liable for the unauthorized transfer.
(c) You may contact us via telephone, email or mail.
(i) To contact us by telephone, please call 855-719-2087.To contact us electronically, please visit us at www.skrill.com/en_us/support. We are available 24 hours a day, 365 days a year.
(ii) To contact us by mail, send a letter to Skrill USA, Inc., at 100 N. Biscayne Blvd, Suite 2120, Miami, Florida 33132.
(iii) When contacting us, please provide us with a notice including (a) your name and account number; (b) the dollar amount of the purported error or unauthorized transfer of funds; (c) a description of the purported error or unauthorized transfer; and (d) any information which might help explain the existence or cause of the purported error or unauthorized transfer. If you are not able to report all of the requested information regarding your Account, your responsibility to provide notice of unauthorized use of your account is fulfilled if you provide enough information to effectively identify your Account.
(d) Complaints: In addition, to make a complaint about Skrill USA to your state banking department please click here for more information.
(e) How we resolve errors and unauthorized transactions: We will advise you of the results of our investigation within ten (10) business days after you have provided us with the notification described above. However, if we need more time, we may take up to 45 days to investigate your inquiry. If we ask you to put your complaint or question in writing and we do not receive your response within ten (10) business days, we shall have the right to not credit your Account.
(i) For errors involving new Accounts or point-of-sale transactions (if applicable), we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
(ii) Within three (3) business days after our investigation has concluded, we will advise you of the results of our investigation. If we determine that there was no error or unauthorized transaction, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
(f) Our liability for errors: If we confirm an error or unauthorized transaction, we will promptly correct it.
(g) Other errors: In the event that we discover a processing error, we will correct the error regardless of whether the error favored you or us. If the error resulted in you receiving less money than the amount to which you were entitled, we will credit your Account for the amount of money you should have received. If the error resulted in you receiving more money than the amount to which you were entitled, we reserve the right to correct the Transaction(s) that were incorrectly executed, including but not limited to debiting your Account, regardless of the nature and cause of the error.
(h) Document retrieval requests: Upon written or electronic request, copies of documentary evidence of Transactions are available for income tax and other lawful purposes. We may charge you $10.00 per copy for such hard copy documents. As long as the computer you use to access your Account is connected to a functioning printer, you can always print out your Transaction history, or the details of a specific Transaction, without any additional charge by Skrill USA.
21. Withdrawal of Available Funds; Inactivity and Inactivity Fees.
(a) You may request withdrawal of the amount of your Stored Value Balance at any time (less already incurred or applicable withdrawal fees per the Fee Schedule) via https://account.skrill.com/.
(b) If, as shown by our records, you have not, within the applicable statutory period, caused any activity or received any payments with regard to your Account, corresponded with us concerning the Account, or otherwise indicated an interest in the Account as evidenced by a writing on file with us, or transacted any business with us, applicable law may require us to report your remaining Stored Value Balance as unclaimed property. If we are unable to locate you based on the contact information you provided us during registration, we may be required to deliver your remaining Stored Value Balance (less any legally permitted service fees) to the state as unclaimed property.
(c) Subject to the above, if you have funds in your Account and have not conducted any Transactions or otherwise received any transfers to or from your Account for a period of three-hundred sixty-six (366) consecutive calendar days, your Account will be regarded as “inactive,” and, except where prohibited by applicable law, we will charge you a monthly maintenance fee of $5 (each such charge, an “Inactive Maintenance Fee”), with the first such monthly Inactive Maintenance Fee to be charged on the day immediately following the day on which your Account is deemed to be inactive, and then again once each month on the same day of each successive calendar month until such time as either your Account balance reaches $0.00 or you conduct a new Transaction, whichever occurs earlier. If your Account balance reaches $0.00, we will close your Account and terminate this Agreement. Under no circumstances will any Inactive Maintenance Fee cause your Account to reflect a negative balance.
22. Termination. At any time and without prior notice, we may revoke or cancel your participation in the Service and thereby terminate this Agreement. You may terminate this Agreement at any time by completing a customer support form at our Support page. Termination, whether by you or by us, shall not affect any prior Transactions or obligations relating to your Account existing at the time of termination. Upon termination, we will arrange to transfer any remaining funds in your Stored Value Balance to you.
23. Breach of the Agreement. If you conduct or attempt to conduct any Transaction in violation of this Agreement, we reserve the right to reverse the Transaction, revoke or suspend your participation in the Service, and report the Transaction to the relevant law enforcement agency. We also reserve the right to recover damages to the maximum extent permitted by applicable law and to charge an administrative fee commensurate to the costs we have incurred in connection with your illicit activity.
24. Assignment. You may not transfer or assign this Agreement to any other person without our prior written consent, which consent may be withheld in our sole and absolute discretion. We may assign our obligations to you under this Agreement without your consent or any prior notice.
25. Agents and Service Providers. We may employ agents or service providers to perform services for us in connection with this Agreement. For example, we have retained Paysafe to perform certain functions for us, as described in Section 3 above. All such services are performed at our direction and subject to our supervision and control.
26. Amendment. We may amend this Agreement at any time by delivering written notice of such amendment to the email address you have provided to us in connection with your registration in the Service, or by posting any such amendment on our website. You will be given at least twenty-one (21) days’ notice prior to the effective date of any amendment that results in an increase in your liability, a reduction in services offered by the Bank, or stricter limitations on Transactions or withdrawal rights.
27. Governing Law, Arbitration of Disputes and Waiver of Class Claims.
(a) This Agreement and any complaint, claim or controversy arising out of or relating thereto, including any complaint, claim or controversy against us in connection with the Service (collectively, a “Claim”), are governed by the laws of the United States and the state of Florida, without regard to conflicts or choice of laws principles, whether or not you live in Florida.
(b) Any Claim about us or the Service should be addressed to us in the first instance by contacting Customer Service at our Support page. You should clearly indicate that you are wishing to make a Claim to us. This helps us to distinguish a Claim from a mere inquiry. We will then send you a Claim acknowledgement electronically within forty-eight (48) hours of receiving your Claim in accordance with our Claim procedure. You may request a copy of our Claim procedure at any time by contacting Customer Service. We will endeavor in good faith to resolve any Claim you raise pursuant to this Section 26(b) as expeditiously as possible.
(c) If not resolved pursuant to Section 27(b) above, any Claim, including questions involving the scope, interpretation or enforceability of this Section 26, will be settled by binding individual arbitration administered by the American Arbitration Association pursuant to its then-current Consumer Arbitration Rules (available at www.adr.org/Rules), and will be arbitrated in Miami-Dade County, Florida, unless you elect to waive any in-person hearing or to conduct proceedings electronically (telephonically or via video conference, if available). Each party will bear its own attorneys’, experts’ and witness fees. Arbitration proceedings may not be consolidated with those of other Members or Merchants. Neither party will have the right to participate as a member of any class of claimants pertaining to any Claim, and each party expressly waives its right to assert or to participate as a part of any group, class, representative or consolidated claim. Third parties’ claims will not be joined in any arbitration between the parties. This Section 26 is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16. Except to the extent needed to enforce this Section 26 or any arbitral award issued hereunder, the parties waive all rights to a court or jury trial to resolve any claims.
28. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.
ADDITIONAL TERMS RELATING TO PRE-AUTHORIZED DEBITS / ACH
29. ACH Authorization and Agreement. If your Funding Source(s) include a bank account, you agree that by providing your bank account details and number(s) to us, you are agreeing to this ACH Authorization and Agreement (“ACH Authorization and Agreement”) and certify to us and agree as follows: (i) you are the owner of the bank account(s) whose number(s) you have supplied and designated as a Funding Source for your Account; (ii) you are duly authorized in accordance with your agreement with your bank to authorize us to debit such bank account; (iii) such bank account is capable of and allows ACH transactions, (iv) such bank account is in good standing; (v) such bank account is a consumer personal account; (vi) you are authorized to make withdrawals from it and credits to it without the approval or participation of anyone else; and (vii) you authorize us to initiate credit or debit entries to your bank account from time to time upon your instruction until your Account is closed and no further credits or debits are authorized or permitted under this Agreement.
30. Acknowledgments. You acknowledge and agree that (i) the origination of ACH transactions to and from your Account must comply with all provisions of applicable law, and (ii) you will receive at the primary e-mail address of record you have provided as part of your Account registration any required notices, disclosures or receipts.
31. Authorization and Cancellation. Your ACH Authorization and Agreement is a continuing one that will remain in full force and effect unless and until you cancel this ACH Authorization and Agreement by unlinking your linked bank account(s) by logging into your Account at https://account.skrill.com/ and removing the relevant bank account or by contacting us at our Support page. You agree to do so in time for us to have a reasonable opportunity to act on your cancellation.
32. Consent. You acknowledge and agree that, to the extent permitted by applicable law, you will be deemed to have accepted and executed this ACH Authorization Agreement by entering your bank account number(s) on your Account page at https://account.skrill.com/, which will be sufficient to evidence your consent. The effective date of this ACH Authorization and Agreement is the date you submit your bank account number(s) to us and you agree by checking the ACH Authorization and Agreement.
33. Amount, Timing or Specified Event/Action. The origination of ACH transactions to and from your Account is triggered by your request and only upon the date of your request. Settlement of ACH transactions – both credits and withdrawals to or from your Funding Source and credits and withdrawals to or from your Account – will generally occur on the third (3rd) business day following the date of your request, although some settlements may occur more quickly. Settlements may be delayed if you provide incomplete or inaccurate information, or by events beyond Skrill USA’s reasonable control.
34. Account Validation. When you provide us with your bank account information, and as a condition to your using such bank account as a Funding Source, we will verify your identity, authority and access to the bank account you identify. In order to do so, Skrill USA will do one or more of the following: (i) use a third-party provider or tool that provides authorization services; (ii) credit your bank account with two (2) different and random micro-deposits, which you will be required to confirm by entering their specific amounts once prompted on your Account page at https://account.skrill.com/ or (iii) a manual verification, which means you will be required to submit the required bank account documentation to our Customer Support staff.
35. Recourse/Reimbursement Statement. You have certain recourse rights if any debit does not comply with this ACH Authorization and Agreement, such as, but not limited to, the right to receive reimbursement for any debit that is not authorized or is not consistent with this ACH Authorization and Agreement. To obtain more information on your recourse rights, contact your financial institution.
36. Credit Reporting. You acknowledge and agree that any violation of this ACH Authorization and Agreement, such as but not limited to disputing a previously granted valid consent, may have a negative impact on your credit rating or result in a negative report on your credit report.
VIP PROGRAM - TERMS AND CONDITIONS
(b) The following terms, when used in these VIP Terms and Conditions, shall have the following meanings:
(i) “Eligible Transaction” means any Transaction in which you use your Skrill USA Account to send money to Skrill USA Merchants. For the avoidance of doubt, the following Transactions do not qualify as Eligible Transactions:
(a) Transactions made using your physical Skrill USA Prepaid Visa card, either online or at a physical point of sale; and
(b) person to person Transactions, including transfers between your own Skrill USA Accounts.
(ii) “Quarter” means each of the following three-month periods in any calendar year: January 1- March 31, April 1 - June 30, July 1 - September 30, October 1 - December 31.
(iv) “Skrill USA Merchant” means any merchant that has entered into a Skrill USA Merchant Agreement and is participating in the Skrill USA Digital Wallet Program for the purpose of accepting payments for such merchant’s good and services.
(v) “VIP Security Standards” means your obligations with respect to the security of your Skrill USA Account set forth in Section 4 below.
(vi) “You” and “your” means you, a natural person who is a U.S. resident and who opened a Skrill USA Account.
3. Obtaining VIP Status
(a) If you are a Skrill USA Member in good standing with an active Skrill USA Account and make Eligible Transactions totaling not less than Fifteen Thousand Dollars ($15,000) in any single Quarter (the “Minimum Requirements”), your Skrill USA Account will automatically qualify for Skrill USA VIP status (“VIP Status”) and you will become a Skrill USA VIP Member (“VIP Member”) in accordance with Section 3.2 below.
(b) We will grant VIP Status to your Skrill USA Account within five (5) business days (the “Delay”) of you reaching the Minimum Requirements and will offer you the benefits described in the Skrill USA VIP section of the Skrill USA website (the “VIP Benefits”). Additionally, your VIP Status will apply for the duration of the next Quarter. To the extent that your VIP Status is achieved in a given Quarter and due to the Delay, such status is applied to your Skrill USA Account only at the start of the following Quarter, then you shall only benefit from the VIP Status until the end of that Quarter.
(c) If you fail to meet the Minimum Requirements, assessed by Skrill USA at the end of each Quarter, you will lose your VIP Status for the following quarter.
(d) Skrill shall grant or remove your VIP Status as and when required in accordance with this Section 3. You may view your current VIP Status at any time by visiting the “Account Overview” section of your Skrill USA Account.
4. Vip Security Standards
(a) You acknowledge and agree that you will:
(ii) keep your Skrill USA Account login and password confidential and not share these details with any other person;
(iii) change your Skrill USA Account password regularly and use different passwords for different sites;
(iv) if you retrieve your Skrill USA Account information by email, permanently delete the e-mails containing this information;
(v) contact Skrill USA immediately if you believe your Skrill USA Account has been accessed by another person;
(vi) access your Skrill USA Account only from your personal computer or mobile device and take all reasonable care whenever you input your Skrill USA Account information online;
(vii)not respond to any e-mails asking you to provide your Skrill USA Account security credentials;
(viii) use up-to-date anti-virus and anti-spyware programs together with a firewall system on your computer and mobile device;
(ix) regularly review your Skrill USA Account statement and report any errors or unauthorized Transactions to Skrill USA as soon as possible, but in all events within twenty-four (24) hours of your becoming aware of such unauthorized Transactions; and
(x) provide assistance to Skrill USA and its representatives in any investigation of actual or suspected unauthorized access to your Skrill USA Account.
(b) You acknowledge and consent that Skrill USA may share your personal information with any Skrill USA Merchant for purposes of investigating any suspicious Transactions that you may have conducted with such Skrill USA Merchant.
5. Losing VIP Status and Termination
(a) Should you fail to reach the Minimum Requirements in any Quarter, you will lose your VIP Status for the following Quarter, during which time you will no longer be eligible for VIP Benefits.
(b) Notwithstanding the foregoing, Skrill USA reserves the right to rescind your VIP Status, refuse to grant VIP Benefits, or suspend or terminate your Skrill USA Account, at any time and at its sole discretion, if Skrill USA reasonably believes that:
(i) any unauthorized access to your Skrill USA Account has resulted from your failure to comply with the VIP Security Standards or as a result of your negligent or improper handling, storage or disclosure of your Skrill USA Account information; or
(iii) you have attempted to circumvent or otherwise breach Skrill USA's security or operational procedures or have tried to abuse any of the Skrill USA offers, including without limitation, in any of the following scenarios:
(a) any Transactions to or from Skrill USA Merchants are associated with any illegal activity, or any other activity which Skrill USA believes, in its sole discretion, may cause harm to its reputation
(b) any action and/or attempt to register and or verify more than one Skrill USA Account under your own name or the name of a third party (“Multiple Accounts”); or
(c) using Multiple Accounts to take advantage of promotional campaigns and bonuses offered by Skrill USA or a Skrill USA Merchant.
6. Change to the VIP Terms and Conditions
(a) Skrill USA reserves the right to amend or modify these VIP Terms and Conditions at any time, including but not limited to eliminating the VIP Program completely.
(b) Any amendments or modifications to the VIP Terms and Conditions will be communicated to you via email to the primary email address registered with your Skrill USA Account. Any proposed amendment or modification will become effective on the date that is twenty-one (21) calendar days after the email notice is sent to you unless you provide us with your written objection to such proposed amendment or modification prior to the expiration of the twenty-one (21)-day period. Your timely written objection shall constitute your notice to terminate your participation in the VIP Program and the VIP Terms and Conditions shall no longer apply to you.
(c) Notwithstanding Section 6 (b), the twenty-one (21) day notice period shall not apply to any amendment or modification that, in Skrill USA’s reasonable opinion, does not reduce your rights nor increase your obligations under the VIP Program. In any such instance, the proposed amendment or modification shall become effective immediately without prior notice.