The rules of the road, in plain English.
This document was last updated on August 4, 2016
These Terms of Service are a legal agreement, between you and Raspberry Inc., that governs your access to and use of Raspberry. Please review these Terms of Service before you decide whether to accept them and continue with the registration process.
By agreeing to these Terms of Service, you represent the following:
If you are a business entity, you also represent that you are:
Payment processing services for users on Raspberry are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a users on Raspberry, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Raspberry enabling payment processing services through Stripe, you agree to provide Raspberry accurate and complete information about you and your business, and you authorize Raspberry to share it and transaction information related to your use of the payment processing services provided by Stripe.
By agreeing to these Terms of Service, you authorize Raspberry to charge your Payment Instrument and/or credit card or debit card or debit or credit your checking or savings account balance, as applicable, when you incur transactions or fees using any of the services offered hereunder.
The following defined terms appear in these Terms of Service.
"Applicable Law" Any and all federal, state and local laws, rules and regulations applicable to the Services.
"Buyer" A Customer that uses a Service to purchase goods and/or services from Sellers.
"Customer" A person that registers for the Service(s).
"Funding Account" An ACH-enabled checking or savings account that is registered or used by you to fund Payments.
"Raspberry" Raspberry software features that enable you to (i) make purchases at locations that accept payments using Raspberry; and, (ii) make purchases on participating online merchant websites using Raspberry.
"Raspberry Web Sites" The web site pages of Raspberry, a Raspberry affiliate or a Raspberry-affiliated or partner company.
"Raspberry" Raspberry Inc.
"Offer(s)" Vouchers, coupons, discounts or other valuable content that can be redeemed at a participating merchant.
"Loyalty Program(s)" A membership, affinity, or rewards program that you have already registered for or may newly register for via Raspberry and which, when stored in Raspberry, may enable you to receive direct communications from the participating merchant and, in certain instances, allows you to accrue and/or redeem rewards program points and other incentives from that merchant.
"Payment Processing Service" The service by which Raspberry holds a Buyer's registered Payment Instrument information and, at the time of a Buyer's purchase from a Seller using Raspberry, Raspberry provides such information to the Seller (or the Seller's financial institution) for processing through the applicable payment network, which Seller, in turn, provides to the issuer of the Payment Instrument for approval and financial settlement through the payment network to the Seller.
"P2P Service" Raspberry services permitting use of the Funding Account Balance and peer to peer transactions.
"P2P Payment" or "Peer to Peer Payment" Payment initiated to another Customer through the P2P Service that debits or charges a Funding Account of the Sender and credits the funds to the Recipient's Funding Account.
"Partner Bank" One or more U.S. banks and other U.S. financial institutions maintaining Funding Accounts.
"Payment Instrument" A credit card, debit card, ACH-enabled checking or savings account, merchant gift card or other prepaid payment method, Carrier Billing Account, line of credit, and/or other financial account that is registered in a Customer's Raspberry Account. Not all Payment Instruments are eligible for use with all Services of Raspberry.
"Payment Transaction" The processing of a payment that results in the debiting, charging, or other related transaction, of the Purchase Amount to a Buyer's Payment Instrument.
"Processing Service" The Payment Processing Service.
"Product" Any merchandise, good or service that a Buyer may purchase using a Service.
"Purchase Amount" The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
"Recipient" Customer who receives a payment from the Sender as the result of a Payment.
"Seller" Customer who uses the Processing Service to process Payment Transactions from Buyers.
"Sender" Customer who uses the P2P Service to initiate a P2P Payment to send a payment to a Recipient.
"Service(s)" The Raspberry products and services described in these Terms of Service that are or facilitate (i) the Processing Service, (ii) Raspberry, (iii) Peer to Peer Payments
"We", "us" Raspberry Inc.
"You", "you" A person or business that applies to, or registers to use, or uses, the Services.
2.1 Getting started with Raspberry
When you sign up for Raspberry, you are creating a Raspberry Account that is associated with your Raspberry Account. Depending on the Services of Raspberry you use, you may be asked to provide information such as your name, contact information, Payment Instrument information (including your bank name, routing number, and account number), and date of birth. We may verify your registration information with a third party verification vendor. In some cases, we may ask you to send us additional information, such as a copy of your driver's license or passport, or to answer additional questions to help us verify your identity.
2.2 USA PATRIOT ACT NOTICE
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business that opens an account or requests credit.
2.3 Accuracy of Registration Information
You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. Changes to your primary residence address may require you to accept new Raspberry terms of service for the country to which you have moved. In addition, as certain services are currently offered only in select countries, changes to your primary residence address may result in your becoming ineligible for certain services.
2.4 Relation to your Raspberry Account
In order to use Raspberry Services, you must have a Raspberry Account which is in good standing with Raspberry, in accordance with the Raspberry Terms of Service. If you or Raspberry closes your Raspberry Account for any reason, your Raspberry Account will also be closed and you will no longer be able to access the Raspberry Services.
3.1 Getting Started with the Processing Service
In order to use the Processing Service, you must complete all required information elements on the Raspberry registration pages. You must register a valid Payment Instrument to make Payment Transactions.
You authorize Raspberry to confirm that your Payment Instrument is in good standing with the issuing financial institution, including, but not limited to, by performing a balance inquiry, in accordance with the relevant payment network rules as applicable. Raspberry, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for the Processing Service with or without cause or notice, other than any notice required by any Applicable Law, and not waived herein.
3.2 Payment Processing Service
The Payment Processing Service facilitates a purchase by a Buyer from a Seller that is registered with Raspberry to receive certain merchant payment processing services. The Payment Processing Service stores information from Buyers, such as their Payment Instruments and shipping information. Raspberry processes Payment Transactions on behalf of Sellers, as the agent of the Seller, through the appropriate bank network or through a participating Partner, as applicable. When Buyer chooses to pay for Products with the Processing Service, Buyer authorizes the Seller to submit charges (and, in the case of refunds, credits) to Buyer's registered Payment Instrument. Raspberry will assist as agent of the Seller in accessing the bank networks and processing the Payment Transaction. Once Buyer's registered Payment Instrument is authorized, Buyer's payment obligation to Seller shall be deemed completed and discharged (except for Buyer's obligations in the event of a chargeback or other reversal). Purchases made through the Payment Processing Service are also subject to the terms and conditions governing Buyer's Payment Instrument between Buyer and the issuer of the Payment Instrument. Buyer is responsible for any charges and related fees that may be imposed under the Payment Instrument terms and conditions as a result of Buyer's use of a Payment Instrument.
You acknowledge and agree that your purchases of Products are transactions between you and the Seller, and not with Raspberry, Raspberry or any of their affiliates. Neither Raspberry nor Raspberry are a party to your Payment Transaction for the purchase of Products, and Raspberry, or other Raspberry affiliates are not a Buyer or a Seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a Raspberry Web Site.
3.3 Subscriptions/Recurring Transactions Purchases
In the event that the Processing Service offers you the ability to pay for subscriptions, your subscription will start when you click "Accept & buy" on a subscription purchase. This is a recurring billing transaction. Unless otherwise stated, your subscription and the relevant billing authorization will continue indefinitely until cancelled by you.
By clicking "Accept & buy," you authorize the applicable Seller to bill your chosen Payment Instrument during the subscription at the Purchase Amount. The Purchase Amount will continue to be charged to your Payment Instrument, until you cancel your subscription, unless as otherwise stated in the terms and conditions. The billing rate is subject to change by the Seller during the subscription period.
Your Payment Instrument will be billed each period based on the date of the subscription purchase.
You may cancel a subscription at any time, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
3.4 Permissible Payment Transactions
The Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travelers checks, prepaid cards, money orders, etc.). You may not use the Processing Service to purchase any illegal goods or services or for any other underlying illegal transaction.
You agree that you will not use the Processing Service to purchase any Products that violate these Terms of Service, other policies or rules applicable to the Processing Service, or Applicable Law. The current policy that establishes the Products and other transactions that may not be paid for with the Processing Service is provided here. Failure to comply with these limitations may result in suspension or termination of your use of the Processing Service.
3.5 Service Fees
Raspberry may charge a transaction fee to use the Service as a Buyer, wherein the fee is disclosed on the payment page. The financial institution that issues your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees. To receive funds as a Seller, Raspberry levies a fee equal to 4% of the amount of the transaction, plus $0.40.
Raspberry will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction.
If Customers are unable to resolve a dispute, Raspberry can mediate disputes between buyers and sellers if either party requests assistance. If this occurs, Raspberry will review the dispute and propose a non-binding solution, if appropriate. For more detailed information, please Contact us.
Raspberry may offer a feedback or other ranking system on the Processing Service to assist you in evaluating other Customers of the Service. You acknowledge that any such feedback or ranking system represents solely the opinion of other Customers of the Processing Service, and is not an opinion, representation, or warranty by Raspberry with respect to other Customers of the Processing Service.
You agree to release Raspberry, and other Raspberry affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve Raspberry in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Raspberry, and other Raspberry affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the Buyer's card issuer agreement or Carrier Billing Account terms and conditions, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
Except as set forth in these Terms of Service, all Payment Transactions processed through the Processing Service are non-refundable to Buyer by Raspberry and are non-reversible by Buyer through the Processing Service. You may have additional refund or charge-back rights under your Payment Instrument issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Instrument which will reflect all purchase transactions through the Processing Service.
4.1 General Description
Raspberry may allow you to make Payment Transactions (i) in-store using the Raspberry application which resides on your mobile device or (ii) online at certain merchants, in each case, using your Payment Instruments which are stored on Raspberry servers or hosted by a third party provider designated by Raspberry (the "Raspberry Service").
The Raspberry Service may also enable you to store your Payment Instruments on Raspberry's servers. You can also access your Payment Instruments and transaction history. The Raspberry Service also enables you to access Offers, Loyalty Programs, rewards, gift cards and other items which you have saved to Raspberry as Objects. The Raspberry Service gives you the ability to make purchases at participating merchant locations using an eligible mobile device or on participating merchant websites or applications. Raspberry will charge your Payment Instruments stored on Raspberry's servers for transactions using the Raspberry Service.
4.2 Getting Started with Raspberry
(a) In order to use the Raspberry, you must be a resident of the United States.
(b) You agree to notify Raspberry immediately of any unauthorized use of Raspberry or any other breach of security regarding the Raspberry of which you have knowledge.
(c) Your Payment Instruments: In order to store your Payment Instruments in your Raspberry Account, you will need to provide the information requested by Raspberry.
(d) Raspberry does not make any representation or verify that any of your Payment Instruments are in good standing or that the issuer of your Payment Instrument will authorize or approve any purchase of Products from a merchant when you use the Raspberry in connection with that purchase.
4.3 Using the Raspberry Service
(a) You can use the Raspberry Service as follows:
(i) In store using the Raspberry application on your mobile device by logging in to your Raspberry Account and reponding to the merchant's payment request notification; and
(ii) Online using the Raspberry Web Site for such transactions when you log into your Raspberry Account online through your mobile device, computer, or other device with online capabilities.
By using your Raspberry Account using either method described in (i) and (ii) above to make Payment Transactions, you authorize Raspberry to charge your selected Payment Instrument for such Payment Transaction.
(b) Storing Payment Instruments. You can store a Payment Instrument with the Raspberry Service by providing the information requested on the Raspberry Service sign-up page, including payment credentials and billing address.
4.4 Transacting with Raspberry
(a) The merchant will not receive your registered financial information. Raspberry will bill your selected Payment Instrument for the total Purchase Amount of the Payment Transaction. If you do not have enough in your account to cover the transaction amount, Raspberry may elect to wait one week and try to charge your selected Payment Instrument a second time.
(c) Payment Transaction Limits. There are maximum dollar limits on purchase payments that you may make using Raspberry. Maximum purchase payments may not exceed $1,000. Raspberry may, at its discretion, increase this maximum upon verification of your identity. In addition, Raspberry purchase transactions below this amount may be declined if Raspberry is unable to complete a funding transaction to your selected Payment Instrument.
4.5 General Terms relating to the use of the Raspberry Service
(a) Raspberry will instruct Partners to deny a requested Raspberry Service purchase if Raspberry has reason to believe that it will not be able to initiate a charge to your selected Payment Instrument, or if Raspberry otherwise believes that Raspberry will not be able to obtain funds from you to complete the requested purchase payment. We reserve the right to decline any Raspberry initiated Payment Transaction. We reserve the right to suspend your use of any Raspberry Service for any reason.
(b) You acknowledge and agree that your purchases through the Raspberry Service are transactions between you and the merchant and not with Raspberry or any of their affiliates. Raspberry is not a party to your purchase of Products.
(c) Raspberry may only be used for U.S. dollar transactions within the U.S. Raspberry does not support payments in foreign currencies.
(d) Your Authorization for Raspberry Service Billing. By using the Raspberry Services to make a purchase payment, you authorize the use of the funding account to complete a payment to the merchant, and you authorize Raspberry to charge the applicable account that is registered in Raspberry and selected by you as the default Payment Instrument for the Purchase Transaction. The charge by Raspberry to your registered Payment Instrument is a separate payment transaction from Raspberry purchase transaction. This funding transaction will identify Raspberry within the payment transaction identifier on your Payment Instrument statement.
(e) Receipts At Merchant Locations. You may receive a transaction receipt from a merchant when you use the Raspberry Service. This merchant receipt will reflect the last four digits of the Raspberry Virtual Card, or Raspberry Online Card, as applicable, and not your credit card or debit card number that will be charged by Raspberry Service for the payment. Raspberry is under no obligation to provide you with a receipt or other written confirmation in connection with the charge made at a merchant location or with an online merchant.
(h) Periodic Statements. You agree that we will not provide you with a separate periodic statement for your use of the Raspberry service. An electronic transaction history showing all transactions with Raspberry in electronic format will be made available free of charge at https://raspberry.us. You are responsible for reviewing the transactions reflected on the Raspberry Account transaction history.
(i) Customer Service. If you have an inquiry regarding a payment made with the Raspberry Service, or you believe there has been an error or unauthorized transaction regarding a payment transaction using Raspberry, please contact Raspberry Support.
(j) Errors and Unauthorized Transactions. Raspberry provides you with certain rights and protections in the event of an error or unauthorized transaction arising from your use of Raspberry in which the service has been used to facilitate a payment to a merchant.
6.1 Raspberry Balance
(a) Raspberry is not a bank and does not accept deposits or maintain deposit obligations for you. Raspberry is not insured for the benefit of users by the Federal Deposit Insurance Corporation ("FDIC") or any other governmental agency.
(b) Withdrawal and Deposit of Raspberry Balances. You may register an ACH-enabled checking or savings account as the Funding Account for your Raspberry Balance in order to withdraw funds from your Raspberry Balance. If you are permitted by Raspberry to withdraw funds to a bank account, you must be the named account-holder of both the Raspberry Balance and the bank account to which funds are withdrawn, or the withdrawal will not be processed.
You are solely responsible for any fees that may be charged to you by a third party for processing a withdrawal or a deposit. Raspberry will not be responsible for withdrawals or deposits provided to the wrong party or account, or where you provided incorrect withdrawal or deposit account details to Raspberry.
(c) Use of Raspberry Balances. You may use your available Raspberry Balance for P2P Payments, Payment Transactions, in-store payments using the Raspberry, to make point of sale transactions using the Raspberry application if you have mobile device, and withdrawals as described in Section 6.1(b) above.
(d) Limits. No transaction using Raspberry may exceed One-Hundred-Thousand Dollars ($100,000) as an individual transaction or Five-Hundred-Thousand Dollars ($500,000) in aggregate transactions over five (5) days. Raspberry or the Partner Bank may impose additional limitations on the dollar amount or frequency of any withdrawals permitted; these limitations are subject to change.
(e) No Interest On Raspberry Balances.
(f) Negative Raspberry Balances. If for any reason, your Raspberry Balance becomes negative, you authorize Raspberry to:
i. Initiate a withdrawal to your Funding Accounts in your Raspberry Account to bring your Raspberry Balance to $0 and / or
ii. Use a third party to recover funds from you to bring your Raspberry Balance to $0.
Your authorizations under this Section 6.1(f) remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.
(g) Liability for Failure to Make Transactions. We may restrict access to your Raspberry Services, including transactions using Raspberry, temporarily or permanently, if we notice suspicious activity in connection with your Raspberry account. We have no liability for restricting access to Raspberry because of suspected suspicious activity. If we do not complete a transaction using your Raspberry Balance on time or in the correct amount according to our Agreement with you (other than for restrictions because of suspicious activity), we will be liable for the correct amount of the transfer. However, there are some exceptions. We will not be liable, for instance:
- If through no fault of ours, a merchant refuses to honor a transaction using your Raspberry Balance;
- If through no fault of ours, you do not have enough money available in your Raspberry Balance to make a purchase;
- If the terminal or system was not working properly;
- If the transaction information supplied by you or a third party is incorrect or untimely;
- If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; or
The merchant authorizes an amount greater than the purchase amount.
- If your device has been reported lost or stolen, or we have reason to believe that your device has been stolen; or
- If we cannot verify your identity, or believe your account is no longer under your control.
There may be other applicable exceptions as otherwise provided by state or federal laws.
6.2 Peer to Peer Payments
(a) Requirements for Registration
In order to use the P2P Service to make P2P Payments using an ACH-enabled checking or savings account, you must register one or more such account(s) as your Funding Account(s) for the P2P Service. You authorize us to confirm that your Funding Account(s) are in good standing with the issuing financial institution, including by submitting a request for a payment authorization and/or a low monetary credit and/or debit to the Funding Account.
The P2P Service is currently available only to Senders and Recipients who are U.S. residents and who otherwise meet the requirements of these Terms of Service. The P2P Service may not be used for business transactions, other than business transactions between individuals. All users of the P2P Service agree to the restrictions contained in this Content Policy. Any use of the P2P Service which violates the requirements of this Content Policy may result in a user being suspended from the P2P Service and/or other Raspberry services.
(b) Your Authorization for a P2P Payment
(1) When you request a P2P Payment to be effected through the P2P Service, you must designate a Funding Account, or your Raspberry Balance, for such P2P Payment. As determined by the Funding Account or Raspberry Balance you select, you authorize Raspberry to:
(i) For a P2P Payment made from your Raspberry Balance, debit funds in the P2P Payment amount from your Raspberry Balance;
(ii) For a Funding Account that is credit or debit card, initiate a charge through the applicable payment network in the P2P Payment amount; and,
(iii) For a Funding Account that is an ACH-enabled checking or savings account, initiate a debit through the ACH Network in the P2P Payment amount; and
(iv) Initiate any subsequent credit, debit or charge to your Funding Account or Raspberry Balance in order to process a return, chargeback, reversal, refund, adjustment or rejection, to correct an error relating to, or to resubmit a P2P Payment.
(2) Your authorizations under this Section 6.2 remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.
6.3 Processing of P2P Payments
(a) You may send a P2P Payment to any other person who is a resident of the United States with a valid e-mail address who otherwise meets the requirements of the Raspberry Terms of Service to receive such P2P Payment. You must select the Funding Account or your Raspberry Balance from which your P2P Payment will be sent at the time you initiate the P2P Payment.
(b) In the event you initiate a P2P Payment from your Raspberry Balance and there are insufficient funds for the P2P Payment, your Raspberry Balance may be debited in the amount of the insufficient funds. In the event your Raspberry Balance incurs a negative balance as a result of this debit, your Funding Accounts will be debited in the order listed in your Raspberry Account to bring your Raspberry Balance to $0 (as described in Section 6.2(a) above).
(c) In the event your credit card issuer deems your P2P Payment to be a cash advance transaction or a similar non-purchase transaction, you may incur cash advance or similar fees assessed by your credit card issuer. Please refer to your agreement with your Funding Account provider for information on whether cash advance fees may be incurred.
(d) Raspberry will hold funds debited from a Sender's Funding Account or Raspberry Balance pending transfer to the Recipient. You will not have access to funds in the process of transmission to the Recipient.
(e) The Recipient will receive an e-mail from the Sender of a P2P Payment advising the Recipient that funds have been received for him or her. Such funds may not be available to the Recipient at the time he or she receives the e-mail
(f) The Recipient must either have or create a Raspberry Account AND complete the steps required to hold a Raspberry Balance in order for the funds to become available to him or her. A Recipient may be required to take certain actions, such as providing Raspberry with additional registration information, or accepting the Raspberry Terms of Service, prior to the funds becoming available. Raspberry is not responsible if the intended Recipient does not have or create such accounts to receive a P2P Payment.
(g) A requested P2P Payment is complete when funds are credited to the Recipient's Raspberry Balance and are available for use or withdrawal by the Recipient. The Sender may request that Raspberry cancel the P2P Payment prior to Raspberry making the funds available to the Recipient in the Recipient's Raspberry Balance, as described in our Customer Service & Error Resolution Policy. The Sender may request cancellation of the P2P Payment by calling Raspberry at 1-855-492-5538. Raspberry will use commercially reasonable efforts to cancel the P2P Payment upon request by the Sender. In the event that Raspberry is able to cancel the P2P Payment, the funds will be credited to the Sender's Funding Account, or Raspberry Balance, that was used to fund the P2P Payment. Raspberry may deduct applicable fees from the returned funds, to the extent permitted by applicable law. P2P Payments that have been completed (funds have been credited to the Recipient's Raspberry Balance and are available for use or withdrawal by the Recipient) are ineligible for cancellation.
(h) Raspberry reserves the right (but is not obligated) to make funds available to a Recipient before Raspberry receives final settlement of the Sender's funding transaction. Raspberry also reserves the right to delay transfer of funds to or place a hold on funds in the Recipient's Raspberry Balance in its sole discretion.
(i) Notwithstanding the foregoing, Raspberry will use commercially reasonable efforts to make funds available to a Recipient no later than three (3) business days after Raspberry receives final settlement of the Sender's funding transaction. Except as set forth in the Customer Service & Error Resolution Policy, Raspberry has no liability to you or any other person for any delay in making funds available to the Recipient.
(j) If a requested P2P Payment cannot be completed for any reason, including because the Recipient is not a U.S. resident, or the Recipient does not or is ineligible to create a Raspberry Account and / or Raspberry Balance in order to receive the funds within ten (10) days of the Sender initiating the P2P Payment, the P2P Payment will be canceled and, to the extent possible, funds will be returned to the Sender's Funding Account or Raspberry Balance.
(a) Illegal Activity. Raspberry may not be used for any illegal activity. You agree not to use Raspberry for Internet gambling, whether or not internet gambling is illegal in the jurisdiction in which you are located. You are liable for transactions you initiate by the use of the Raspberry Service, whether deemed legal or illegal.
(b) No Right to Stop Payment. You do not have the right to stop payment on a transaction originated with Raspberry. You are responsible for all authorized transactions initiated by use of Raspberry.
(c) Forbidden products/items/services
- Ammunition Sales
- Cable Box De-scramblers
- Coin Dealers
- Credit Card Schemes
- Credit Repair Services
- Dating Services
- Debt Consolidation Scams
- Drug Paraphernalia
- Escort Services
- Firearms Sales
- Fireworks Sales
- Get Rich Products
- Government Grants
- Home-Based Charities
- Life-Time Guarantees
- Life-Time Memberships
- Lottery Sales
- Mailing Lists/Personal Info
- Money Transfer Networks
- On-line Gambling
- Payday Loans
- Pharmaceutical Sales
- Ponzi Schemes
- Pyramid-Type Sales
- Racist Materials
- Surveillance Equipment
- Tobacco Sales
- Travel Clubs
6.6 Transaction Records, Customer Service and Error Resolution Policy
Records of your P2P Payments through the P2P Service, transactions using Raspberry, and your other Raspberry Balance transactions (together, your "Raspberry Balance Transactions") will be reflected in your transaction history in your Raspberry Account. In addition, you will be provided with a monthly statement of your Raspberry Balance Transactions in your Raspberry Account. You are responsible for reviewing your statement and transaction activity to determine if there are any errors or unauthorized transactions, and for alerting Raspberry of such events available in your Raspberry Account.
It is your obligation to save or print a copy of your Raspberry Balance statement. If your access to the Service is canceled or terminated by you or by us for any reason, you will not be permitted to access your statements stored by Raspberry. You may request paper copies of certain electronic records about your account and stored by Raspberry, subject to the limitations of the Electronic Communications policy, as stated in Section 10 below. Raspberry reserves the right to charge you fees for such paper copies.
Raspberry may charge fees in accordance with the then-current fee schedule, as stated herein. Raspberry may assess a fee of a percentage of the transaction amount, with a minimum fee of $1.00. Please review the account terms provided by the issuer of your Funding Account for any fees they may assess on your use of your Funding Account.
Notwithstanding any limitations described elsewhere in this Agreement, we may establish general practices and limits concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to some or all of the Services without notice and without liability. We may decline to process any transaction without prior notice to you.
Raspberry may delay, hold, cancel or reverse processing of any transaction if:
(a) a Sender makes a claim to Raspberry for a refund or other reversal, or
(b) Raspberry, in its sole discretion, believes that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law, this Agreement, or any applicable Raspberry policies.
Buyer authorizes the charge or debit to Buyer's Payment Instrument, by Raspberry as agent of the Seller, as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting or debiting, as applicable, to Buyer's Payment Instrument, by Raspberry as agent of the Seller, in connection with chargebacks, reversals, refunds, or adjustments through the Service by a Seller.
We may limit or suspend your use of one or more Services at any time, in our sole and absolute discretion. If we suspend your use of a Service, we will attempt to notify you by electronic mail. Suspension of your use of a Service will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension or with respect to any non-terminated Services.
The Raspberry is intended for use on mobile devices, Android operating systems, or other devices or operating systems approved by Raspberry, as provided to you directly by Raspberry or your mobile carrier. You are strictly prohibited from using the Raspberry on a mobile device or Android operating system, or other device or operating system approved by Raspberry, that has been modified or customized in any way. You bear sole responsibility for such unauthorized use of the Raspberry on a modified mobile device, Android operating system, or other device or operating system approved by Raspberry.
If you believe your Raspberry Account has been opened or used in an unauthorized manner, please see our fraud protection process. Also, please see our Help Center for more information on how Raspberry protects you from fraud.
7.3 Unclaimed Property
If Raspberry is holding funds due to you arising from a Payment Transaction processed using any service described herein, and Raspberry is unable to contact you and has no record of your use of the service for several years, Applicable Law may require Raspberry to report these funds as unclaimed property. If this occurs, Raspberry will try to locate you at the address shown in our records, but if Raspberry is unable to locate you, it may be required to deliver any such funds to the applicable state as unclaimed property. Raspberry reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by Applicable Law.
7.4 Raspberry Not a Banking Institution, Issuer, or Processor
Raspberry is not a bank or other chartered depository institution. Raspberry is not an issuer of any Funding Account, Payment Instrument or other item stored as a Wallet Object, unless expressly stated otherwise. With respect to Raspberry transactions, all payment processing is handled solely by the merchant, and Raspberry is not involved in the merchant's processing of the payment. For Payment Transactions facilitated with Raspberry that do not involve the Wallet Balance, Raspberry handles the payment to the merchant and the charging of your registered credit or debit card to conduct your payment for the purchase.
With respect to the Processing Service, Raspberry processes Payment Transactions through the Processing Service as an agent of and on behalf of Sellers. Funds held by Raspberry or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by the Federal Deposit Insurance Corporation or any other governmental agency.
These Terms of Service do not amend or otherwise modify your agreement with the issuer of your Funding Account or Payment Instrument or redeemable Wallet Object item, and you are responsible for ensuring your use of the Raspberry complies with such agreements. You also are responsible for all charges and/or debits to your Funding Account or Payment Instrument resulting from purchases of Products or redemptions of items stored as Objects using the Raspberry, in accordance with such agreements. In the event of any inconsistency between these Terms of Service and your agreement with the issuer of your Funding Account, Payment Instrument or redeemable Wallet Object item, these Terms of Service govern the relationship between you and Raspberry solely with respect to Raspberry, and your agreement with the issuer of your Funding Account, Payment Instrument or Wallet Object item governs the relationship between you and the issuer of such item. You acknowledge and agree that you are solely responsible for the Funding Account Payment Instrument or Wallet Object item, and any other information you enter or otherwise store in the Raspberry. Raspberry is not responsible for the accuracy or availability of any information you enter or otherwise store in with Raspberry, including, without limitation, whether such information is current and up-to-date.
7.5 Communication with Issuers
By electing to use Raspberry, you authorize Raspberry, directly or through the Raspberry to communicate with the issuer of your Funding Account, Payment Instrument, or Wallet Object item, to provide or obtain any information required by that issuer. An issuer that provides this information does not endorse and is not responsible for Raspberry.
7.6 Third Party Providers
Raspberry may have arranged for third party providers to provide products or services to you through the Raspberry ("Third Party Providers"). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use the Raspberry, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through Raspberry which may be updated from time to time. For avoidance of doubt, these Third Party Provider terms are between you and the applicable Third Party Provider, not Raspberry.
Some of the features of Raspberry may be supported by advertising revenue and may display advertisements and promotions. In consideration for Raspberry granting you access to and use of Raspberry, you agree that Raspberry may place such advertising. In addition, you may have the choice to opt-in to allowing information from Raspberry to be used by Raspberry, in order to present you with more relevant advertising, as well as more relevant items for you to store and/or redeem as Objects.
7.8 Third Party Fees
You are responsible for any fees charged by your telecommunications provider, financial institution, merchant, or any other third party in connection with your use of Raspberry.
7.9 No Extension of Credit
Raspberry is not extending credit in connection with your use of the Raspberry Service.
7.10 No Relationship with Issuer of Payment Instruments
Use of the Raspberry Service is not approved by, or offered in conjunction with the issuer of your Funding Account or Payment Instrument. Your Funding Account or Payment Instrument issuer may impose fees, transaction limits, or other limitations on transactions incurred using Raspberry.
You are responsible for:
(a) maintaining the confidentiality of your username and password,
(b) any and all transactions by persons that you give access to or that otherwise use such username or password, and
(c) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Services of which you have knowledge.
If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using the business' user name and password.
Raspberry, and Third Party Providers may be required to provide certain disclosures, notices and communications (collectively "Communications") to you in written form. Pursuant to these Terms of Service, we will deliver such Communications to you in electronic form. Your agreement to the Terms of Service confirms your ability and consent to receive such Communications electronically, rather than in paper form.
10.1 Electronic delivery of communications
You agree and consent to receive electronically all Communications provided to you in connection with your Raspberry account and your use of the Raspberry Services. Communications include:
(b) payment authorizations and transaction receipts or confirmations;
(c) account statements and history; and,
(d) all other communications or documents related to or about your account and your use of the Raspberry services.
Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
(a) posting them to your Raspberry account on the Raspberry website or in the Raspberry mobile application;
(b) posting them on or in Raspberry websites and mobile applications;
(c) sending them via electronic mail to the e-mail address you used to create your Raspberry account registrations; or,
(d) otherwise communicating them to you via the Raspberry Services.
It is your responsibility to log on to your Raspberry account and the Raspberry Services to open and review Communications that we deliver to you through those means. We may, but are not obligated to under these Terms of Service, provide you with notice of the posting of a Communication to your Raspberry account or the Raspberry Services.
You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
10.2 Hardware and software requirements
In order to access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
(a) a computer or mobile device with Internet or mobile connectivity;
(b) a current web browser that includes 1024-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 30.0 and above, Chrome version 30.0 and above, or Safari 6.0 and above) with cookies enabled;
(c) software capable of opening documents in PDF format;
(d) access to the valid e-mail address you used to create your Raspberry account registrations; and,
(e) sufficient storage space to save past Communications or a printer to print them.
By giving your consent to these Terms of Service, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications referenced in these Terms of Services for your records.
10.3 Requesting additional copies and withdrawing consent
The following additional terms will apply to such electronic Communications:
(a) you may contact Raspberry, Raspberry or the Third Party Provider, as applicable, to request another electronic copy of the electronic Communication without a fee;
(b) you may request a paper copy of such electronic Communication within ninety days of the original Communication issuance date, and Raspberry, Raspberry or the Third Party Provider, as applicable, reserves the right to charge a fee to provide such paper copy;
(c) you may contact Raspberry to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications; and
(d) Raspberry, Raspberry or the Third Party Provider reserves the right to terminate your use of Raspberry and the associated Third Party Provider products and services if you decline or withdraw consent to receive electronic Communications.
You may contact Raspberry in relation to these Terms of Service by using the Contacting Us page in the Help link in the footer of your Raspberry account.
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of one or more Services for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time.
Upon termination of your use of the Services, you remain liable for all Payment Transactions, P2P Payments and any other obligations you have incurred under these Terms of Service. Upon termination, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors).
The reporting and payment of any applicable taxes arising from the use of the Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Services, including without limitation, the reporting and payment of any taxes arising in connection with Payment Transactions made through the Services, or income received through P2P Payments.
Raspberry do not represent or endorse, and shall not be responsible for:
(a) the reliability or performance of any Seller, merchant or Third Party Provider;
(b) the safety, quality, accuracy, reliability, integrity or legality of any Product, Offer, Loyalty Program, or other items that may be stored and/or redeemed as Objects;
(c) the truth or accuracy of the description of any Product or Wallet Object item, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid through the Service, or the Raspberry Web Sites; or
(d) your ability to buy or redeem Products or Wallet Object items using the Services. Raspberry hereby disclaim any liability or responsibility for errors or omissions in any Content in the Services. Raspberry reserve the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms of Service.
You agree to indemnify, defend and hold harmless Raspberry, and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
(a) your use of the Services;
(b) any breach or non-compliance by you of any term of these Terms of Service or any Raspberry Party policies;
(c) any dispute or litigation caused by your actions or omissions; or
(d) your negligence or violation or alleged violation of any Applicable Law or rights of a third party.
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Raspberry, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, "RASPBERRY PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH RASPBERRY PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE Raspberry PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE Raspberry PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, P2P PAYMENTS OR THE SERVICES.
THE RASPBERRY PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT OR WALLET OBJECT INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT OR WALLET OBJECT ISSUER, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.
IN NO EVENT SHALL ANY RASPBERRY PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY RASPBERRY PARTY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE RASPBERRY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE Raspberry PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES RASPBERRY HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Raspberry Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
These Terms of Service shall be governed by the laws of Colorado, except for Colorado’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Denver County, Colorado. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In addition to the electronic communications authorized under the Section entitled, "Electronic Communications", statements, notices and other communications to you may be made by mail, e-mail, postings on the Raspberry Web Sites or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Raspberry Web Sites. Notice to Raspberry may be made by mail to:
PO BOX 141
DENVER CO 80201-0141
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of the Services or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 3.2, 3.7 through 3.10, and 10 through 22.
The failure of Raspberry to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service, including Raspberry policies governing the Services referenced herein, constitutes the entire agreement between you and Raspberry with respect to the use of the Services. These Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than you and Raspberry, and other Raspberry affiliates which each shall be a third party beneficiary of these Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.