Obopay Terms & Conditions

Consent to Electronic Disclosures

Because the Obopay services are provided electronically, you must consent to Obopay's providing important information electronically if you wish to proceed. Read this notice carefully. You can print a copy for your records.

By consenting to receive information electronically at this website and via electronic mail ("email"), you will receive the following information and disclosures electronically:

the Obopay Terms and Conditions, including legal disclosures under the Electronic Fund Transfer Act and Regulation E,
any future changes to the Obopay Terms and Conditions,
the Obopay Privacy Notice,
transaction history information, and
any other notices, legal communications, or disclosures.

To receive this information electronically, and access and retain any disclosures received, you will need a computer with a minimum web browser version of Microsoft Internet Explorer 6.0 or 7.0, or Mozilla Firefox 1.5.0 or 2.0, and the ability to receive and read email.

By proceeding with registration to use Obopay services:

you agree to receive information and disclosures electronically on this website and via email and confirm that you will download or print any disclosures for your records;
you agree the computer you are using satisfies the requirements described above;
you acknowledge that you can access information that is provided electronically at this website and via email;
you are authorizing the delivery of the disclosures regarding the Obopay services electronically on this website and via email and providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute apply to the fullest extent possible; and
you agree to receive email regarding the Obopay services.

You can withdraw your consent by contacting us through http://www.obopay.com/support. However, you will no longer be able to use the Obopay services. Withdrawing your consent will not affect the validity of transactions already completed or in process. You can obtain a paper copy of an electronic record by contacting us through http://www.obopay.com/support; Obopay may charge a fee. To update your contact information with Obopay, contact us through http://www.obopay.com/support.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR SIGNING UP TO USE OBOPAY

To help the government fight the funding of terrorism and money laundering activities, Obopay will obtain, verify, and record information that identifies each person who registers to use the Obopay service.

What this means for You: When you register to use the Obopay service, Obopay will ask for identifying information, which may include your name, address, date of birth, and other information that will allow Obopay to identify you. If Obopay cannot verify your identity, and in certain other cases, Obopay may not be able to allow you to use the Obopay service.

You authorize Obopay, and third parties used by Obopay, to make any inquiries that Obopay deems appropriate to verify your identity. This may include asking you for additional information, asking you to take steps to verify your control over the telephone numbers, email addresses, or financial accounts you identify, obtaining a credit report, or consulting other databases or sources.

When you provide Obopay with a credit card or debit card to assist in the steps to verify your identity, you agree that Obopay may initiate two small charges to the credit card or debit card (each less than $1). Obopay will ask you to identify the amounts of those transactions to verify your control over the credit card or debit card. Obopay will refund the transactions to your credit or debit card within 10 business days.

When you provide Obopay with bank account information to assist in the steps to verify your identity, you agree that Obopay may initiate two small credits to the bank account you identify (each less than $1) through the Automated Clearinghouse ('ACH') system. Obopay will ask you to identify the amount of those transactions to verify your control over the bank account. This authorization applies only to these two initial credits. These credits must comply with U.S. law.

Introduction; Your Agreement to These Terms and Conditions.

The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you, an individual subscriber, customer, member, user, or recipient of a transfer of at least 18 years of age (“You”), and Obopay, Inc. (together with its subsidiaries and other affiliates, “Obopay”), regarding Your use of the Obopay mobile platform (the “Obopay Platform”). The Obopay Platform consists of services, products, software applications, and websites that allow You to receive, send and spend money directly from supported mobile phones, smartphones, home computers and other devices (each, a “Device”). This Agreement also applies to the use of the Obopay Platform by another person for whose use You have agreed to become responsible (“Authorized User”), if Obopay agrees to allow You to do so. A person who: (1) is the recipient of a transfer who uses the Obopay Platform for the sole purpose of collecting funds sent through the Obopay Platform; or (2) uses the Obopay Platform for the sole purpose of transferring or paying funds to an Obopay Account holder; has limited rights as described in Section 4.

The services hereunder are offered by Obopay, Inc., located at: 350 Marine Parkway, Suite 100, Redwood City, CA 94065. You may contact Obopay through the customer support web page at http://www.obopay.com/support. For purposes of this Agreement, Obopay's business days are Monday through Friday. Holidays are not included.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING OR USING THE OBOPAY PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE OBOPAY PLATFORM AND FOLLOW THE INSTRUCTIONS IN THIS AGREEMENT.

1. Eligibility.
THE OBOPAY PLATFORM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 (EXCEPT AN AUTHORIZED USER) OR TO ANYONE PREVIOUSLY SUSPENDED OR REMOVED FROM THE OBOPAY PLATFORM BY OBOPAY. By clicking the “I Agree” button or by otherwise downloading, installing, or using the Obopay Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Obopay Platform.

2. Service Provider.
Obopay is a payment service provider and acts as Your agent only with respect to the custody of funds. Otherwise, Obopay is exclusively an independent contractor. Obopay does not have control over or liability for products or services paid for using the Obopay Platform.

3. User Services.
Your Obopay Account: When You sign up with Obopay, unless You sign up for the limited purpose of transferring; paying or collecting funds as described in Section 4, Obopay will establish an account (“Account”) that permits You to use the Obopay Platform. You must select a personal identification number (“PIN”) and a password (“Password”), and You must provide Your Device's phone number (“Mobile Number”) and Your e-mail address (“Email”). You must keep Your Password and PIN confidential and not disclose them to others. Do not keep Your Password or PIN near Your Device. Each person for whom Obopay establishes an Account, including You, becomes a "User".

An Account is not a bank deposit account and is not FDIC-insured. You will not receive any interest on funds in Your Account.

Obopay may pool the funds from Your Account and the accounts of others, and may hold the proceeds in an account that is separate from Obopay's own accounts. You assign to Obopay any interest or earnings on the funds held in Your Account, and You agree that Obopay may keep any benefits provided by a financial institution that holds these funds.

You may not create a negative balance in Your Account. If a negative balance is ever created, Obopay may apply future transfers to the negative balance, and You agree to pay to Obopay, on demand, an amount sufficient to cover the negative balance. Moreover, You authorize Obopay to obtain funds to correct a negative balance from any External Account (defined below in Linking Credit Card, Debit Card and Bank Account) to Your Account. If You fail to pay such amount on demand and funds are not able to be obtained from a funding source linked to Your Account, Obopay may take action necessary to collect such amounts from You, including collection action or use of third-party collectors. You agree to pay the actual costs of collection, to the extent permitted by law.

When Your Account is established, Obopay may provide You with a bonus or incentive, subject to the terms and conditions of any bonus or incentive program in effect and made available to You at the time You register. Obopay reserves the right to terminate any incentive promotional program at any time without notice to You.

Obtaining an Obopay Prepaid MasterCard^® and/or an Obopay Family Prepaid MasterCard^®: You may be able to enhance Your use of the Obopay Platform by obtaining an Obopay Prepaid MasterCard and/or an Obopay Family Prepaid MasterCard. If You apply for and receive an Obopay Prepaid MasterCard or an Obopay Family Prepaid MasterCard, the terms of the Obopay Prepaid MasterCard and/or the terms of the Obopay Family Prepaid MasterCard, as applicable will govern the use of Your card, and this Agreement applies to Your use of the Obopay Platform in connection with such Obopay Prepaid MasterCard and/or Obopay Family Prepaid MasterCard. If You obtain an Obopay Prepaid MasterCard, that prepaid card account, not an Obopay Account, will be used to make and receive transfers, and for other purposes in this Agreement.

Linking Credit Card, Debit Card and Bank Account: You can link most credit cards, debit cards and checking accounts to Your Obopay Account. Linking an eligible credit card, debit card or checking account (an “External Account”) allows You to use the Obopay services (1) to transfer funds from Your External Account to Your Obopay Account (“Loading” Your Obopay Account) or (2) to transfer funds from Your Obopay Account to Your External Account (“Unloading” Your Obopay Account). Eligible credit cards and debit cards can be used as a source of funds for Your Obopay Account, but You cannot transfer funds from Your Obopay Account to a credit card. Linked checking accounts (“Bank Deposits”) must be in a U.S. depository institution and must be accessible through the ACH system. Most checking accounts are accessible via the ACH system. Obopay does not have control over or liability for Your credit cards, debit cards or Bank Deposits.

Transfers: In this Agreement, a “transfer” means moving funds to or from an Account of any User. In order to make a transfer, You must access the Obopay Platform from a Device using either Your Mobile Number and PIN or user ID and Password. You can use the Obopay Platform for the following types of transfer activities:

Send: A request by You to make a transfer from Your Account to most people in the United States with mobile phones, including other Users. If You do not have sufficient funds in Your Account when You attempt a Send, and You have a Bank Deposit, credit card, or debit card linked to Your Account, then You will be prompted to use one of these sources to Load Your Account to complete the Send. In this case the transfer becomes a Load & Send. If Your Account is not otherwise loaded with sufficient funds at the time of transfer, then the Send transfer will be cancelled. If You attempt to Send money to someone who is not yet a User or a Registered Recipient (as defined in Section 4), Obopay may require that the recipient satisfy certain identity checks in order to receive the funds You sent.
Request: A request by You to another User to make a Send to Your Account.
Load: A request by You to make a transfer from Your linked credit card, debit card, or Bank Deposit, or from Your payroll via direct deposit, to Your Account. Obopay does not accept checks to be loaded to Your Account.
Automatic Load: A request by You to make an automatic, recurring Load to your Account, or that of an Authorized User, in an amount that you specify and at intervals that you designate.
Load & Send: A request by You to Load Your Account with a transfer from Your linked Bank Deposit, credit card, or debit card in order to fund Your request to Send money. This type of transfer is only available if You have a Bank Deposit, credit card, or debit card linked to Your Account. Your linked External Account must be linked to Your Account at the time of transfer or Your Load & Send transfer will be cancelled. If Obopay is not able to obtain authorization for a transfer of sufficient funds from Your External Account at the time of transfer, then the Load & Send transfer will be cancelled.
Unload: A request by You to make a transfer from Your Account to Your Bank Deposit or debit card.
Auto Unload: A request by You to automatically unload the balance in Your Account to a specific Bank Deposit whenever Your Account has a positive balance. All Send transfers will be automatically transferred to Your designated Bank Deposit if You have the Auto Unload feature activated. If funds are credited to Your Account on a day other than a business day, the funds will still be immediately transferred out of your Account, even though Obopay may not be able to initiate a credit to Your designated Bank Deposit until the next business day. Thus, Your Account balance should usually be $0 if You choose Auto Unload. You must specify a single Bank Deposit to be Your designated Bank Deposit. You may change Your designated Bank Deposit at any time. If You choose Auto Unload, then all Your Send transactions will be Load & Sends from Your linked Bank Deposit, credit card or debit card. If You wish to access the Send, Load, or Unload features, You will have to deactivate the Auto Unload feature. The Auto Unload feature is not available if You have an Obopay Prepaid MasterCard.

All transfers are in U.S. dollars. Obopay reserves the right to refuse Your requests for transfers, and Obopay reserves the right to limit or block transfers to particular persons, including for the reason set forth in Section 9 of this Agreement or Obopay's acceptable use policy. Obopay also may, in its discretion, honor Your request to issue and send to You a check for funds in Your Account. A fee will apply, and issuing and sending the check may take up to 15 business days.

There are limits on the type, amount, and frequency of transfers that You can make. Click here to view the transfers You can make and applicable limits. [see Account Limits] These limits apply at the time You request a transfer and at the time a transfer is completed. Once You reach a particular transfer limit, Your ability to make that kind of transfer may be suspended. In addition, Your ability to Unload to a particular External Account may be suspended if transfers to or from that External Account is rejected or fails for any reason. Unless otherwise indicated, limits on Loads also apply to Load & Sends, and limits on Unloads also apply to Auto Unloads. If Your Auto Unload is shut off, then funds will begin to accrue in Your Account as they are received.

For security reasons, there may be additional limits on the number and amount of transfers You can make using the Obopay Platform. For example, Your access to funds in Your Account or Your ability to use the Obopay Platform may be limited if You fail to provide Obopay with adequate identity verification information. In such a situation, You will be limited in the number and amount of transfers You may make through the Obopay Platform. In addition, You may be restricted in such situations from changing the Bank Deposit initially designated as Your designated Bank Deposit. These restrictions generally will be lifted once You provide adequate identity verification information. Obopay may increase applicable limits in its discretion as You continue to use the Obopay Platform. The limits are for the protection of Obopay and not You. Obopay will not be liable to You for failing to enforce any of these limits.

Authorization for Transfers: When You link Your External Account with Obopay, You are affirming that You have all necessary right and authority to obtain funds from that External Account. Each time You initiate or accept a transfer through the Obopay Platform You also are providing Your authorization for Obopay to debit or credit the accounts involved to complete the transfer, to correct any errors in the transfer and to resubmit any transfer that is rejected by the financial institution that holds the External Account. You also authorize Obopay to debit Your Account, or Your External Account, if a sender did not actually have sufficient good funds to pay for a transfer that was credited to You. All transfers must comply with U.S. law. Your authorization will remain in full force and effect until You provide Obopay notification of Your termination of this authorization in such time as to afford Obopay and the bank that holds Your External Account a reasonable opportunity to act on it. You may provide such notification by contacting Obopay through the customer support web page at http://www.obopay.com/support.

Pending Funds and Pending Transfers: Funds that You Load from Your Bank Deposit (including through Load & Send) will not be available in Your Account to complete a Send until Obopay receives the funds through the ACH system. Usually this takes 4-5 business days, although it may take longer. During the time when the funds are not yet available, You may request a Send using those funds. However, the Send will be listed as “pending” until the funds are available. If You requested a Load & Send, the Send portion of the transaction will automatically be listed as pending until the funds are available. Obopay will complete the Send after the funds are available.

Funds that You Load from a debit card or a credit card are immediately available in Your Account, and will be immediately transferred from Your Account if You use a Load & Send.

When You Unload funds to Your Bank Deposit, it may take several business days before You receive the funds, and have use of those funds, in Your Bank Deposit. The availability of funds in Your Bank Deposit is governed by Your agreement with Your bank and applicable law.

Preauthorized Transfers: If You have arranged to have direct deposits made to Your Account at least once every 60 days from the same person or company, You can go to http://www.obopay.com/support or call Obopay at (888) 862-6729 to find out whether or not the transfer has been received by Obopay.

Effect of Transfers: Once You request a transfer, Your request may not be changed, withdrawn, or cancelled by You, except as described below for situations where the recipient is not yet an Obopay User or Registered Recipient. OBOPAY IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY OTHER PARTY TO A TRANSFER. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE OBOPAY IN SUCH DISPUTES.

Using the Obopay Platform to Make Transfers to and from an Obopay Family Prepaid MasterCard Account: If You have obtained an Obopay Family Prepaid MasterCard, You may use the Obopay Platform to make the following types of transfers to and from your Obopay Family Prepaid MasterCard Account: Load (except through direct deposits), Automatic Load, Send and Unload. You may also transfer funds from your Obopay Family Prepaid MasterCard Account to your Account.

Sending to Someone Not Registered With Obopay: If You request a Send or Load & Send transfer to a person who is not yet an Obopay User or Registered Recipient, Obopay will send a notification to that person using the information You provided. If the person contacts Obopay within 30 days of the date You requested the Send or Load & Send, then the person will have the option of accepting the Send or Load & Send transfer, rejecting it, or offering to negotiate with You about the amount of the transfer. If the person accepts the transfer, or requests to negotiate and You and that person agree on the amount, then the funds will be transferred to that person. If Your initial transfer request was a Send transfer, the funds will be taken from Your Account at the time the person accepts the transfer. If Your initial transfer request was a Load & Send transfer, the funds will be taken from Your account and Your linked credit card or debit card at the time the person accepts the transfer in the amounts You defined at the time of initiating the request. You may not make a Load & Send transfer from a linked Bank Deposit to a person who is not yet an Obopay User. You are responsible for ensuring that there are sufficient funds in Your Account, or through Your linked credit card or debit card, at the time You request the transfer and at the time the recipient accepts the transfer. If there are not sufficient funds, the transfer will be cancelled. If a recipient does not contact Obopay within 30 days, or if You notify Obopay at any time before the designated recipient accepts the transfer, Obopay will cancel the transfer.

If the person to whom You make a Send or a Load & Send transfer contacts Obopay and accepts the transfer, but has not, within 60 days of doing so, provided Obopay sufficient information to allow Obopay to give that person access to the Obopay Platform and to collect the transfer, then Obopay reserves the right to cancel the Send or Load & Send transfer, and to put the funds in Your Account.

Receiving Funds Sent through Obopay: If another Obopay User sends You funds using the Obopay Platform, those funds will be automatically credited to Your Account. If You have requested Auto Unload the funds will be automatically transferred to Your Bank Deposit. If Your linked Bank Deposit rejects an Auto Unload transfer, Auto Unload will be deactivated and all funds received by You from that point forward will be placed in Your Account. You may instruct Obopay to reactivate the Auto Unload feature on Your Account after You have updated the information on Your Bank Deposit or You have resolved any transfer issues with the financial institution holding Your Bank Deposit.

Information about Your Account and Transfers: You can obtain Your Account balance and information about the transfers You made for the last 30 days (“Account History”) at the Obopay website.

4. Registered Recipients and Unregistered Senders.
You may receive funds sent to You through the Obopay Platform or send funds or make a payment to a User without an Obopay Account by establishing non-User access to the Obopay Platform. If You become an Obopay User You may reject a transfer or negotiate it by requesting a different transaction amount. If the sender does not accept Your request, the transfer will be cancelled.

A person with non-User access to the Obopay Platform for the purpose of receiving funds (a “Registered Recipient”) may only claim funds sent from a User through the Obopay Platform. A person with non-User access to the Obopay Platform for the purpose of sending funds or making a payment ("Unregistered Sender") may transfer funds or make a payment to a User from a credit card or debit card only. To become a Registered Recipient or Unregistered Sender, You must provide Your Device's phone number for verification purposes. Other personally identifiable information may be required by Obopay. You also must accept this Agreement, although the provisions of Sections 3 and 7 do not apply to Registered Recipients or Unregistered Senders.

As a Registered Recipient or Unregistered Sender, You do not have an Account, and You are limited in the number and size of transfers You may make. Click here to view the applicable limits. [see Account Limits] For security reasons, there may be additional limits on the number and amount of transfers You may make. As a Registered Recipient or Unregistered Sender, Obopay may refuse Your request to transfer funds for reasons that include those set forth in Section 9 of this Agreement or Obopay's acceptable use policy.

Funds sent by a User through the Obopay Platform to a person who has not yet signed up to use the Obopay Platform are not transferred to the recipient, and remain with the sender, until the recipient becomes a User or signs up as a Registered Recipient. You have no right, title, or interest to any funds sent to You until those funds are finally settled to Your bank account.

By signing up as a Registered Recipient, You direct Obopay to transfer all funds received by You, less applicable fees, by ACH to Your bank account. You must provide Obopay with all requested details regarding Your bank account. It will take several business days before You will receive the funds deposited in Your bank account. All transfers are in U.S. dollars.

The availability of funds in Your bank account is governed by Your agreement with Your bank and applicable law. Funds rejected by the financial institution holding the bank account identified by You may be returned to the sender's Account if you do not provide Obopay with corrected information. You authorize Obopay to credit Your bank account as described in this section and to initiate debits or credits in order to correct any transfer errors. All transfers must comply with U.S. law. Once a transfer is initiated, Your may not change, withdraw, or cancel Your authorization. Your authorization will remain in full force and effect until You provide Obopay notification of Your termination of this authorization in such time as to afford Obopay and the bank that holds Your bank account a reasonable opportunity to act on it. You may provide such notification by contacting Obopay through the customer support web page at http://www.obopay.com/support.

5. Privacy Policy & Information Sharing.
Your privacy is important to Obopay. Please read Obopay's Privacy Policy carefully for information relating to Obopay's collection, use, and disclosure of Your personal information

Obopay will disclose information to third parties about Your Account or Your transfers:

In order to complete transfers, and to provide transfer information (for example, your name or phone number) to senders and recipients, or
In order to verify the existence and condition of Your Account for a third party, such as a credit bureau or bank, or
In order to comply with government agency or court orders, or
In order to prevent actual or suspected fraud, or abuse of the Obopay Platform, or
If You give Your written permission, or
As otherwise provided in Obopay's Privacy Policy.

When You register to use the Obopay Platform, and at any time You are a registered user, in any capacity, You also authorize Obopay, and third parties used by Obopay, to obtain information in order to prevent fraud and abuse of the Obopay Platform. This may include capturing information about You and Your Device, and comparing that information with databases operated by Obopay or third parties.

You authorize Obopay to send You and Authorized Users emails and messages regarding Your use of the Obopay Platform, Your Account, and transfers to or from Your Account. Obopay is not obligated to provide such emails or messages to You or any Authorized User.

6. Fees
Obopay charges, and You agree to pay, the fees set forth in the Obopay Fees Table that You may access by clicking here, and that is incorporated into this Agreement.

In addition to the fees that Obopay charges, You may also be required to pay fees and charges to others in connection with Your use of the Obopay Platform. For example, Your mobile telephone company may impose charges for use of Your Device in connection with Obopay. The financial institution that issues Your credit card or debit card, or holds Your Bank Deposit, or receives funds transferred by You as a Registered Recipient, may charge You for transfers between that card or account and the Obopay Platform. If You use a credit card, You may be charged interest.

7. Unauthorized Transactions
If You believe Your PIN or Password has been lost or stolen, contact Obopay through the customer support web page at http://www.obopay.com/support , or call (888) 862-6729, or write Obopay, Inc., 350 Marine Parkway, Suite 100, Redwood City, CA 94065.

Tell Obopay AT ONCE if You believe Your PIN or Password has been lost or stolen. Telephoning is the best way of keeping Your possible losses down. You could lose all the money in Your Account, as well as money in Your Bank Deposit or amounts available through a linked debit card or credit card. If You tell Obopay within 4 business days after You learn of the loss or theft of Your PIN or Password, You can lose no more than $50 if someone used Your PIN or Password without Your permission.)

If You do NOT tell Obopay within 4 business days after You learn of the loss or theft of Your PIN or Password, and Obopay can prove it could have stopped someone from using Your PIN or Password without Your permission if You had told Obopay, You could lose as much as $500.

Also, if Your Account History shows transfers that You did not make, including those made by card, code or other means, tell Obopay at once. If You do not tell Obopay within 90 days after the Account History was made available to You, You may not get back any money You lost after the 90 days if Obopay can prove that it could have stopped someone from taking the money if You had told Obopay in time. If a good reason (such as a long trip or a hospital stay) kept You from telling Obopay, it will extend the time periods.

8. Software Use
Obopay Software is made available to You by Obopay pursuant to the terms and conditions of end user license agreements. You must carefully read any applicable end user license agreement before You use the Obopay Platform.

When You download Obopay software over the air, Obopay will pay for the cost of sending the text message that You need to download the software. However, certain carriers or providers may charge You for receiving this text message as well as other data charges. Moreover, depending on Your plan and Your carrier or provider, You may be charged for using Your Device when You use the Obopay Platform.

9. Prohibited Conduct.
BY USING THE OBOPAY PLATFORM YOU AGREE NOT TO:

use the Obopay Platform for any purposes other than to send or receive transfers and/or to access the Obopay Platform in accordance with these Terms and Conditions and as such services are offered by Obopay;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Obopay Accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Obopay Platform, perform any other similar fraudulent activity or otherwise send or receive what Obopay reasonably believes to be potentially fraudulent funds;
infringe Obopay's or any third party's intellectual property rights, rights of publicity or privacy;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
use the Obopay Platform, or request or make any transfer, for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy;
defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users, Registered Recipients, or third parties without their consent, or use the Obopay Platform for any commercial use, it being understood that the Obopay Platform is for personal use only;
use the Obopay Platform if You are under the age of eighteen (18) without a parental sponsor in accordance with Obopay's rules and Guidelines or in any event use the Obopay Platform if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law;
refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Obopay;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Obopay Platform or features that enforce limitations on the use of the Obopay Platform;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Obopay Platform or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
use the Obopay Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Obopay service in an automated manner;
modify, adapt, translate or create derivative works based upon the Obopay Platform or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
intentionally interfere with or damage operation of the Obopay Platform or any User's or Registered Recipient's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
access the Obopay Platform from a country that is not included on Obopay's permitted countries list;
use any robot, spider, other automatic device, or manual process to monitor or copy the Obopay website without prior written permission;
use any device, software or routine to bypass Obopay's robot exclusion headers, or interfere or attempt to interfere, with the Obopay Platform;
sell the Obopay software or any services, information, or software associated with or derived from it;
breach this Agreement or any other Obopay agreement or policy;
violate any law, statute, ordinance or regulation (for example, those governing financial services);
provide false, inaccurate or misleading information;
send or receive what Obopay reasonably believes to be potentially fraudulent funds;
use Your Account or the Obopay Platform in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Obopay, a User, a third party or You;
Use Your Account or the Obopay Platform in a manner that Obopay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
allow Your Account to have a negative balance;
provide Yourself with a cash advance from Your credit card (or help others to do so); or
take any action that may cause Obopay to lose any of the services from its service providers, payment processors or other suppliers.
attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from Obopay and the seller or any third party for the same transaction;
control an Account that is linked to another Account that has engaged in any of the foregoing activities. Obopay may use evidence other than Your Account information to determine whether You control an Account in someone else's name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.

You agree that Obopay may seize or freeze Account funds that are reasonably deemed by Obopay to be in Accounts because of fraud or a prohibited behavior outlined in this section.

10. Account Passwords and Registration
You agree that the information You provide to Obopay on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your Account ID, PIN, Password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Obopay.

11. Third Party Sites, Products and Services; Links.
The Obopay Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Obopay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Obopay Platform are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

12. Termination; Agreement Violations.
You agree that Obopay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your Account (or any part thereof) or Your use of the Obopay Platform and remove and discard all or any part of Your Account, Your User profile, or Your Registered Recipient profile, at any time. Obopay may also in its sole discretion and at any time discontinue providing access to the Obopay Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Obopay Platform or any Account You may have or portion thereof may be effected without prior notice, and You agree that Obopay will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Obopay may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Obopay Platform and to uninstall and/or destroy all copies of the Obopay software, any accompanying documentation, and all other associated materials.

If Your Account is dormant, Obopay may close Your Account and send any balance to You by check to the address on record, less any applicable fees. Obopay may also be required to escheat balances on dormant Accounts or unclaimed funds from time to time.

You may terminate this Agreement at any time by providing written notice to Obopay, uninstalling all copies of the Obopay software on Your computer and/or Device, destroying all copies of the Obopay software in Your possession, discontinuing use of any and all parts of the Obopay Platform, and returning to the issuing financial institution any Obopay Prepaid MasterCard that had been issued to You. You are responsible for use of Your Account, PIN, and Password after termination.

13. Ownership; Proprietary Rights.
The Obopay Platform is owned and operated by Obopay and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Obopay Platform provided by Obopay (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Obopay, all Materials, trademarks, service marks, and trade names contained on the Obopay Platform are the property of Obopay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Obopay or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Obopay Platform. Except as expressly authorized by Obopay, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Obopay reserves all rights not expressly granted in this Agreement. If You have comments regarding the Obopay Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Obopay, and shall assign to Obopay, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

14. Indemnification.
You agree to indemnify, save, and hold Obopay, its contractors, employees, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Obopay Platform, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Obopay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Obopay, including rights to settle, and You agree to cooperate with Obopay's defense and settlement of these claims. Obopay will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

15. Liability of Obopay for Failure to Complete Transfers.
If Obopay does not complete a transfer to or from Your Account on time or in the correct amount according to this Agreement, Obopay will be liable for Your losses or damages to the extent required by law. However, there are some circumstances where Obopay is not liable. Obopay will not be liable, for instance:

If, through no fault of Obopay's, You do not have enough money in Your Account to make the transfer.
If, through no fault of Obopay's, You do not have enough money available in or through any External Account You attempt to debit for a transfer.
If the funds in Your Account are subject to legal process or other encumbrance restricting their use.
If the Obopay Platform or system was not working properly and You knew about the breakdown when You started the transfer.
If circumstances beyond Obopay's control (such as fire or flood, or actions of a third party) prevent the transfer, despite reasonable precautions that Obopay has taken.
If the failure results from a communications failure, such as the failure of a cellular telephone company to complete a text, voice, or data transmission accurately.
If the failure results from a failure of a financial institution that holds the Bank Deposit or issues the credit card or debit card linked to Your Account, or Obopay is unable to access any External Account for any reason other than due to Obopay's fault.
If You provided inaccurate or incomplete information regarding the transfer.
If the transfer appears suspicious, fraudulent or unauthorized, and Obopay cannot confirm that it is a legitimate transfer, or if the transfer is (or appears to be) prohibited by law or rules.
There may be other exceptions stated in this Agreement.

Obopay is not responsible for the actions of the persons to whom You Send a transfer, or from whom You receive a transfer.

16. Disclaimer; No Warranties
AS SET FORTH IN SECTION 15, OBOPAY WILL BE LIABLE TO YOU IN CERTAIN CIRCUMSTANCES IF OBOPAY DOES NOT COMPLETE A TRANSFER TO OR FROM YOUR ACCOUNT ON TIME OR IN THE CORRECT AMOUNT. NOTHING IN THIS SECTION 16 LIMITS OR CONDITIONS OBOPAY'S LIABILITY TO YOU UNDER SECTION 15.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OBOPAY AND ITS THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OBOPAY OR THROUGH THE OBOPAY PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM “OBOPAY” INCLUDES OBOPAY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

YOU EXPRESSLY AGREE THAT USE OF THE OBOPAY PLATFORM IS AT YOUR SOLE RISK. THE OBOPAY PLATFORM AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE OBOPAY PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. OBOPAY, AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, OBOPAY SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE OBOPAY PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

OBOPAY AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OBOPAY PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. .

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE OBOPAY PLATFORM (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

17. Limitation of Liability and Damages.
AS SET FORTH IN SECTION 15, OBOPAY WILL BE LIABLE TO YOU IN CERTAIN CIRCUMSTANCES IF OBOPAY DOES NOT COMPLETE A TRANSFER TO OR FROM YOUR ACCOUNT ON TIME OR IN THE CORRECT AMOUNT. NOTHING IN THIS SECTION 17 LIMITS OR CONDITIONS OBOPAY'S LIABILITY TO YOU UNDER SECTION 15.

IN NO EVENT WILL OBOPAY OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) THE OBOPAY PLATFORM OR ANY REFERENCE SITE, (III) YOUR USE OR INABILITY TO USE THE OBOPAY PLATFORM (INCLUDING ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER OBOPAY USER IN CONNECTION WITH THE OBOPAY PLATFORM, EVEN IF OBOPAY OR AN OBOPAY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Obopay or any of its contractors, employees, agents, third party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Obopay Platform, (iii) Your use or inability to use the Obopay Platform (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Obopay or another Obopay User, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Obopay Platform giving rise to the cause of action or One Hundred Dollars ($100), whichever is greater.

YOU ACKNOWLEDGE AND AGREE THAT OBOPAY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OBOPAY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OBOPAY. OBOPAY WOULD NOT BE ABLE TO PROVIDE THE OBOPAY PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, Obopay's liability will be limited to the fullest extent permitted by applicable law.

18. Modification of this Agreement.
Obopay reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to an Obopay web site www.obopay.com or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Obopay Platform. For certain changes, Obopay may be required to give You advance notice, and Obopay will comply with such requirements.

19. Notice.
Obopay may provide You with notices and communications by email, regular mail or postings on the Obopay web site www.obopay.com or by any other reasonable means. Except as otherwise set forth herein, notice to Obopay must be sent by first-class mail to Obopay, Inc., Attention: General Counsel, 350 Marine Parkway, Suite 100, Redwood City, CA 94065.

20. Waiver.
The failure of Obopay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Obopay.

21. Governing Law.
This Agreement be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

22. Arbitration
In this Arbitration section:

"you" and "your" mean You, as well as any person claiming through You, including Authorized Users;
"we", "us", and "our" means Obopay and its parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as their respective officers, directors, and employees; and
“Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between you and us, and includes claims that are brought as counterclaims, cross claims, third party claims, or otherwise and disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration section.

Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"), under its rules applicable to consumer disputes ("Rules"). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org, or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com. Our address for serving any arbitration demand or claim is General Counsel, 350 Marine Parkway, Suite 100, Redwood City, CA 94065.

If you file a Claim, you can chose either the AAA or the NAF as Administrator; if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within 30 days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.

We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.

Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. ' 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator's award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.

Neither you nor we shall have the right to participate as a representative or member of any class of claimants in arbitration, and you and we further agree that claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have not power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or other persons similarly situated.

If any portion of this Arbitration section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class actions is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).

You may reject this Arbitration section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not effect the remaining parts of this Agreement. To reject this Arbitration section, you must send us written notice of your rejection within 30 days after the date that you first became an Obopay User. You must include your name, address, and Mobile Number. The notice of rejection must be mailed to General Counsel, 350 Marine Parkway, Suite 100, Redwood City, CA 94065. This is the only way that you can reject this Arbitration section.

The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. This Arbitration section shall survive the termination of this Agreement.

23. Severability
If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

24. Assignment
This Agreement and related Guidelines, and any rights granted hereunder, may not be transferred or assigned by You without Obopay's prior written consent which may be withheld in its sole discretion, but may be assigned by Obopay without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

25. Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration, including, but not limited to, Sections 1, 2, 5, 6, 8, 9, 11-14 and 16-28.

26. Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

27. Disclosures
The services hereunder are offered by Obopay, Inc., located at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, which may be contacted through http://www.obopay.com/support. You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.

28. Entire Agreement
This is the entire agreement between You and Obopay relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by Obopay in accordance with the terms of this Agreement.

THE FOLLOWING ARE NOT PART OF THE AGREEMENT, BUT ARE IMPORTANT NOTICES FOR OBOPAY USERS:

*In Case of Errors or Questions about Your Transfers *

Contact Obopay electronically through its web page at www.obopay.com/support, or Write Obopay at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or Telephone Obopay at (888) 862-6729, or as soon as You can, if You think Your Account History or transfer information is wrong or if You need more information about a transfer listed on Your Account History. Obopay must hear from You no later than 90 days after You obtained the FIRST Account History on which the problem or error appeared.

(1) Provide Your name and Mobile Number.
(2) Describe the error or the transfer You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information.
(3) Indicate the dollar amount of the suspected error.

If You provide notice orally, Obopay may require that You send Your complaint or question in writing within 10 business days. Obopay will determine whether an error occurred within 10 business days after hearing from You and will correct any error promptly. If Obopay needs more time, however, Obopay may take up to 45 days to investigate Your complaint or question. If Obopay decides to do this, Obopay will credit Your Account within 10 business days for the amount You think is in error, so that You will have the use of the money during the time it takes Obopay to complete the investigation. If Obopay asks You to put Your complaint or question in writing and Obopay does not receive it within 10 business days, Obopay may not credit Your Account.

For errors involving new Accounts, Obopay may take up to 90 days to investigate Your complaint or question. For new Accounts, Obopay may take up to 20 business days to credit Your Account for the amount You think is in error.
Obopay will tell You the results within three business days after completing the investigation. If Obopay decides that there was no error, Obopay will send You a written explanation. You may ask for copies of the documents that were used in the investigation.

ALL QUESTIONS ABOUT TRANSFERS MADE USING THE OBOPAY PLATFORM MUST BE DIRECTED TO OBOPAY AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK DEPOSIT. Obopay is responsible for the Obopay Platform and for resolving any errors in transfers You make using the Obopay Platform.

Your transfers will appear on the Account History that Obopay provides online, and the transfers that involve Your Bank Deposit will appear on the statement issued by Your bank or other financial institution. SAVE THE RECORDS YOU HAVE FOR YOUR USE OF THE OBOPAY PLATFORM, AND CHECK YOUR RECORDS AND THE ACCOUNT HISTORY AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If You have any questions about one of these transactions, contact Obopay electronically through its web page at www.obopay.com/support, or write Obopay at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or telephone Obopay at (888) 862-6729.

IF YOUR PIN OR PASSWORD IS LOST OR STOLEN, NOTIFY OBOPAY AT ONCE by contacting Obopay electronically through its web page at www.obopay.com/support, or write Obopay at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or telephone Obopay at (888) 862-6729.

Obopay Terms & Conditions

Cardholder Agreement

Cardholder Agreement