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Terms and condition


This User Agreement ("Agreement") is a contract between you and iTokenPay, LLC (hereinafter referred to as “iTokenPay” or “us” and “our”) and applies to your use of the iTokenPay payment service and any related products and services available through www.iTokenPay.com (collectively, the "Service").

If you do not wish to agree to be bound by the terms and conditions of this Agreement, then please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you are entitled to use the Service. Your use of the Service means that you have read and agreed with the terms and conditions in this Agreement, the Privacy Policy and the terms and conditions of those other pages and websites referred to herein. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a iTokenPay Service user (hereinafter referred to as a “User”). Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other iTokenPay websites and Services will be governed by the terms and conditions posted on those websites. We may amend this Agreement at any time by posting the amended terms on our site.

1. Eligibility:

In order to use the Service, you must register for an account (the “Account”). Users may only hold one Account. The Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (18 years of age or 21 years of age depending on jurisdiction), persons who are suspended from the Service, or to persons who present an unacceptable level of credit risk, in our sole and unfettered discretion.e Legal Relationship is between You and iTokenPay.

2. Agency Relationship:

iTokenPay acts as a facilitator to help you accept payments from and make payments to third parties. We act as your facility agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. iTokenPay will at all times hold the funds in your Account separate from its corporate funds, and will not use the funds in your Account for its operating expenses or any other corporate purposes, and will not voluntarily make funds in your Account available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) iTokenPay is not a bank and the Service is a payment processing service and (ii) iTokenPay is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent to facilitate payment processing transactions on your behalf and as a custodian. You agree that you will not receive interest or other earnings on the funds that iTokenPay handles as your facilitating agent.

By initiating and sending payments through the Service or adding funds to your balance in your Account, you appoint iTokenPay as your agent to obtain the funds to which you are entitled on your behalf and to transfer the funds in the Account to the recipient that you designate, subject to the terms and restrictions of this Agreement.

iTokenPay is only a Payment Service Provider.

iTokenPay acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for utilizing the Service.

3. Identity Authentication:

We use many techniques to identify our users when they register on our site for the Service. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize iTokenPay, directly or through third parties, to make any inquiries we consider necessary or appropriate to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, iTokenPay cannot and does not guarantee any user's identity.

4. Release:

In the event that you have a dispute with one or more Merchants, you release and indemnify and hold harmless iTokenPay (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

5. No Warranty:


iTokenPay shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing a payment processing transaction. The Service is largely dependant upon many factors outside of our control, such as for example, delays in the banking system.

6. Limitation of Liability:


7. Indemnification:

You agree to indemnify and hold iTokenPay, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

8. Use:

To be eligible for an Account, you must be a resident of United States, Canada or United Kingdom.

9. Funding:

When you request to fund your account, each such request constitutes a valid authorization for us to deduct the amount specified in your request directly from your designated bank account or charge your Bank Card (Credit/Debit) which you have used and or registered and connected to your e-Wallet account. The amount withdrawn will be displayed and authorized by you prior to the completion of the withdrawal transaction. We will also notify you at your registered email address of the completion of the transaction. In the event your transaction is denied by your financial institution, for reasons of insufficient funds, closure of account, or if the bank account number is incorrect, we may represent it at iTokenPay’s sole option, along with a service fee of up to $30.00. This transaction may be represented to the bank either electronically or by paper.

10. Withdrawals:

In order to withdraw money from your iTokenPay Account we require you to provide iTokenPay with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may withdraw from your Account per month. We may limit withdrawals and require additional information from you depending upon your location (Canada, U.S. or international), credit rating, and other factors deemed necessary or appropriate in our discretion. Generally, in order to withdraw more than US$500 per month, we require you to complete some authentication procedures, such as confirming: your email address from your Account, your bank account, and your social security number. You may withdraw funds by direct deposit to the bank account you have on file with us or you may elect to receive a physical check, for a nominal processing fee. Generally, checks will only be sent to a previously confirmed address.

11. Electronic Transfers:

When you make a payment through iTokenPay that is funded with an electronic check, or charged to your Bank Card (Credit/Debit) which you have used and or registered and connected to your e-Wallet account and when you initiate a transaction that exceeds the balance in your Account, you are requesting an electronic transfer from your Account. Upon such request, iTokenPay may make electronic transfers via the Automated Clearing House (ACH) system from your bank account or charge your Bank Card (Credit/Debit) which you have used and or registered and connected to your e-Wallet account in the amount necessary. You agree that such requests constitute your authorization for such transfers. iTokenPay will never make transfers from your bank account without your authorization.

Your Information and Restricted Activities

12. Definition:

"Your Information" is defined as any information you provide to us or other Users in the registration, payment process, or other features of our Service. You are solely responsible for the truth and accuracy of Your Information.

13. Restricted Activities:

Your Information and your activities (including your payments and receipt of payments) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so); (d) violate iTokenPay' Acceptable Use Policy; (f) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); (h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (i) be obscene or contain child pornography; (j) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (k) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your Account, including but not limited to tampering, hacking, modifying, reverse engineering, decompiling, or otherwise corrupting the security or functionality of the Service, your Account will be terminated and you will be subject to payment of all damages, including attorneys fees and other penalties suffered by iTokenPay or third parties as a result of your acts, and you may face criminal prosecution where available.

14. Trademarks:

iTokenPay, and all related logos, products and services described in this website are either trademarks or registered trademarks of iTokenPay Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of iTokenPay. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of iTokenPay and may not be copied, imitated, or used, in whole or in part, without the prior written permission of iTokenPay. Notwithstanding the above, HTML logos provided by iTokenPay through its Affiliate Program, Website Payments features, Logos, may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to iTokenPay or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by iTokenPay. iTokenPay is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. Privacy and Security:

We do not sell or rent Your Information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of Users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. You should only log in to your iTokenPay account on a page which begins with https://www.iTokenPay.com/. All of our pages begin with https://www.iTokenPay.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.iTokenPay.com. If you object to your information being transferred or used in this way, please do not use our Services.

16. Termination or Closing Your Account:

You may close your Account at any time by notifying Customer Service at support@iTokenPay.com. Upon closure of an Account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your Account as a means of evading withdrawal limits on new unverified Users). You may not use closure of your Account as a means of evading investigation - If you wish to terminate your account and there is no investigation required there is a 10% fee and that at iTokenPay's sole discretion, the funds may be held for up to 60 days.

If an investigation is pending at the time you close your Account, iTokenPay may continue to hold your funds for up to 180 days as appropriate to protect iTokenPay against the risk of reversals or other liabilities and risks. If you are later determined to be entitled to some or all of the funds in dispute, iTokenPay will release those funds to you. You will remain liable for all obligations related to your Account even after such Account is closed. We reserve the right to terminate your account for violation of this agreement, or in the event we suspect your account activity has been fraudulent, or if your account has been inactive for a period of 150 days. If your account has been inactive for the specified period we will notify you via email to your registered email address of such impending termination and if you fail to respond within five business days, your funds will be forfeited to iTokenPay Inc. Termination of your account will result in termination of this agreement.

17. Remedies and iTokenPay's Right to Collect From You:

Without limiting other remedies, we may have at law or in equity, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your Account, limit funding sources and payments, limit access to an Account and any or all of the Account's functions (including but not limited to the ability to send money or make withdrawals from the Account), limit withdrawals, indefinitely suspend or close your Account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your Account or activities pose a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our Users or us; or (e) your use of your iTokenPay Account is deemed by iTokenPay, Visa, MasterCard, American Express or ACH Processors to constitute abuse of the credit card system or a violation of credit card rules, or a violation of NACHA including (without limitation), using the iTokenPay system to test credit card behaviors. Even if they have been recorded as completed in the “Recent Activity” or “History Transaction Log” of your iTokenPay Account, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank account (for withdrawals). In addition, iTokenPay reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for Accounts conducting high transaction volumes to ensure integrity of the funds. If we close your Account, we will provide you notice and pay you all of the unrestricted funds held in your iTokenPay’ Account, subject to withholding such amounts as are necessary to protect us from any reversals or other liabilities and risks. Additionally, to secure your performance of this Agreement, you grant to iTokenPay a lien on and security interest in your Account. In addition, you acknowledge that iTokenPay may setoff against funds in any Account you own for any obligation you owe iTokenPay at any time and for any reason. These obligations include both debts and debts you owe individually or together with someone else. iTokenPay may consider this Agreement as your consent to iTokenPay's right to assert its security interest or exercise its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights and remedies iTokenPay may have.

18. Assignability:

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of iTokenPay. iTokenPay reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

Legal Compliance. You shall comply with all applicable Canadian, U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services, the Account and the use of the funds in your Account.Notices.

19. Electronic Communications:

You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your Account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from iTokenPay in electronic form. Electronic Communications may be posted on the pages within the iTokenPay website and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. iTokenPay reserves the right but assumes no obligation to provide Communications in paper format.

20. Credit Report:

You agree that iTokenPay may order and review your credit report with the sole purpose of assessing your fitness to hold a iTokenPay Account and/or your ability to use the Service or features thereof.

21. Procedure:

Except as explicitly stated otherwise, any notices shall be given by postal mail to iTokenPay Inc., Attn: Legal Department, 1645 S. River Road, Unit #8, Des Plaines Illinois 60018 Notice shall be deemed received on the next business day after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to iTokenPay during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. For the purposes of this Agreement, a “business day” is a date other than a Saturday, Sunday, or a day that a bank is not open for retail banking business in the City of Des Plaines, Illinois USA.

22. Legal Disputes:

In the event a dispute arises between you and iTokenPay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and iTokenPay agree that any controversy or claim at law or equity that arises out of this Agreement or iTokenPay's Services ("Claims") shall be resolved by arbitration. The arbitration shall be conducted in the City of Chicago, Illinois, USA by a single arbitrator, in the English language. The Rules of Arbitration shall be as prescribed under the Arbitrations Act (USA, Illinois) and the decision of the arbitrator shall be final and binding upon all the parties thereto and shall not be subject to appeal. The cost of any arbitration shall be borne equally by the parties.

23. Governing Law:

The laws of the State of Illinois, USA applicable therein govern this Agreement. You agree to the non-exclusive jurisdiction of the courts in the City of Chicago in the County of Cook with respect of any dispute or disagreement arising under this Agreement.

24. Severability:

In the event that any part of this Agreement is declared to be void or unenforceable, such provisions shall be deemed to be severed from this Agreement and the remainder of this Agreement shall remain full force and effect, and shall be modified to any extent necessary to give such force and effect to the remaining provisions. No delay or forbearance in the strict observance of performance of any provisions of this Agreement, nor any failure to exercise a right or remedy hereunder, shall be construed as a waiver of such performance, right, or remedy as the case may be.

25. Disputes:

Disputes between you and iTokenPay regarding our Services may be reported to Customer Support online at support@iTokenPay.com

Services may be reported to Customer Support online through the iTokenPay Support site at any time, or by calling +1-847-827-0100 (24 Hours)

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