Subsneeded’s Payments Terms of Service for Australia, Canada, New Zealand, United Kingdom and United States
These Payments Terms of Service (“Payments Terms”) are a binding agreement between you and Subsneeded that govern the Payment Services (defined below) conducted through or in connection with the Subsneeded Platform. When these Payments Terms mention “Subsneeded”, “we,” “us,” or “our,” it refers to Subsneeded whom you are contracting with for Payment Services.
Subsneeded provides payments services to Members publishing, offering and booking sports or athletics services and other current and future services provided via the Subsneeded Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Clients such as athletes, teams and organizations (“Paying”), by charging the payment method associated with their Subsneeded account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
- Effecting payments to Athletic Service Providers such as athletes, coaches, officials and trainers (“Payout”) to a financial instrument associated with their account, such as a PayPal account (“Payout Method”);
- Subsneeded currently only provides payment methods via PayPal’s convenient Paypal Checkout services.
In order to use the Payment Services, you must be at least 18 years old, must have Subsneeded account in good standing in accordance with the Subsneeded Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
- Your use of the Payment Services
- Client Terms
- Athletic Service Provider Terms
- Appointment of Subsneeded as Limited Payment Collection Agent
- General Terms
- Abandoned Property
- Prohibited Activities
- Force Majeure
- Disclaimers
- Liability
- Indemnification
- Modification, Term, Termination, and other Measures
- Governing Law and Dispute Resolution
- Miscellaneous
- Contacting Subsneeded
1. Your use of the Payment Services
1.1 Subsneeded Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Subsneeded may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Subsneeded may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Subsneeded will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Subsneeded is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Subsneeded of those Third-Party Services.
1.3 Your Subsneeded Account. Subsneeded may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Subsneeded account. You may authorize a third party to use your Subsneeded account if the feature is enabled for your Subsneeded account. You acknowledge and agree that anyone you authorize to use your Subsneeded account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize Subsneeded, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Subsneeded reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Client Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Subsneeded account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Subsneeded or its third-party payment processor(s). You authorize Subsneeded and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Subsneeded may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Subsneeded account so it can be used for a future transaction. You can remove the Payment Method from your Subsneeded account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow Subsneeded to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Subsneeded account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Subsneeded generally charges the Total Price due after the Athletic Service Provider accepts your booking request. Subsneeded may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Subsneeded Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. Subsneeded will process all transactions in US Dollars.
2.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Athletic Service Provider or you cancel the booking request before it is accepted by the Athletic Service Provider, any amounts collected by Subsneeded will be refunded to you. The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.8 Payment Restrictions. Subsneeded reserves the right to decline or limit payments that we believe (i) may violate Subsneeded’s risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Subsneeded, or others to risks unacceptable to Subsneeded.
2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Subsneeded is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Subsneeded is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay. Subsneeded currently only provides payment methods via PayPal’s convenient Paypal Checkout services. These include checkout via:
- Paypal account
- Bank Account (Registered via Paypal)
- Credit Cards (Registered via Paypal)
3. Athletic Service Provider Terms
3.1 Payment Collection. Subsneeded generally collects the Total Price of a booking at the time the Client checks out after the booking is accepted by the Athletic Service Provider, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Subsneeded account. Currently, Subsneeded on issues payments to active Paypal accounts. Simply, enter your email associated with your vendor PayPal account, to receive payments.
You authorize Subsneeded to collect and store your billing information and financial instrument information if required. Subsneeded may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout. Subject to and conditional upon successful receipt of the payments from the Client, Subsneeded will generally initiate Payouts to your selected Payout Method within 30 days after the completion of the Athletic Service Provider’s listed service.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Subsneeded service fees and applicable taxes. In the event of cancellation of a confirmed booking, Subsneeded will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Subsneeded may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Subsneeded may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency. All transactions on Subsneeded are completed in US Dollars.
3.7 Limits on Payouts. For compliance or operational reasons, Subsneeded may limit the amount of a Payout. If you are due an amount above that limit, Subsneeded may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount). Subsneeded is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.10 Your Payout Method, Your Responsibility. Subsneeded is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of Subsneeded as Limited Payment Collection Agent
4.1 Each Athletic Service Provider hereby appoints Subsneeded as the Athletic Service Providers’s payment collection agent solely for the limited purpose of accepting and processing funds from clients purchasing Athletic Services on the Athletic Service Providers’s behalf.
4.2 Each Athletic Service Provider agrees that payment made by a Client through Subsneeded, shall be considered the same as a payment made directly to the Athletic Service Provider and the Athletic Service Provider will provide the Athletic Service booked by the Client in the agreed-upon manner as if the Athletic Service Provider has received the payment directly from the Client. Each Athletic Service Provider agrees that Subsneeded may refund the Client in accordance with the Terms. Each Athletic Service Provider understands that Subsneeded’ obligation to pay the Athletic Service Provider is subject to and conditional upon successful receipt of the associated payments from Client. Subsneeded guarantees payments to Athletic Service Provider(s) only for such amounts that have been successfully received by Subsneeded from Clients in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Athletic Service Provider, Subsneeded assumes no liability for any acts or omissions of the Athletic Service Provider.
4.3 Each Client acknowledges and agrees that, notwithstanding the fact that Subsneeded is not a party to the agreement between you and the Athletic Service Provider(s), including each Athletic Service Provider Team member, Subsneeded acts as each Athletic Service Provider’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Athletic Service Provider(s). Upon a Client’s payment of the funds to Subsneeded, the Client’s payment obligation to the Athletic Service Provider(s) for the agreed upon amount is extinguished, and Subsneeded is responsible for remitting the funds successfully received by Subsneeded to the Athletic Service Provider(s) in the manner described in these Payments Terms. In the event that Subsneeded does not remit any such amounts, the Athletic Service Provider(s) will have recourse only against Subsneeded and not the Guest directly.
5. General Terms
5.1 Fees. Subsneeded may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Subsneeded Platform.
5.2 Payment Authorizations. You authorize Subsneeded to collect from you amounts due pursuant to these Payment Terms and/or the Terms by charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Subsneeded account (unless you have previously removed the authorization to charge such Payment Method(s)). Specifically, you authorize Subsneeded to collect from you:
- Any amount due to Subsneeded or Subsneeded (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Client, Athletic Service Provider or user of the Subsneeded Platform), including reimbursement for costs prepaid by Subsneeded or Subsneeded on your behalf. Any funds collected by Subsneeded will set off the amount owed by you to Subsneeded or Subsneeded and extinguish your obligation to Subsneeded or Subsneeded.
- Any amount due to a Athletic Service Provider from a Client which Subsneeded collects as the Athletic Service Provider’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Athletic Service Provider, you cancel a confirmed booking).
- Any amounts already paid to you as a Athletic Service Provider despite a Client cancelling a confirmed booking or Subsneeded deciding that it is necessary to cancel a booking in accordance with the Terms or other applicable cancellation policy. You agree that in the event you have already been paid, Subsneeded will be entitled to recover the amount of any such client refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Subsneeded collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1 If Subsneeded is unable to collect any amounts you owe under these Payments Terms, Subsneeded may engage in collection efforts to recover such amounts from you.
5.3.2 Subsneeded will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Subsneeded first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Athletic Service Provider’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Athletic Service Provider’s Subsneeded account or the associated services have been provided, whichever is later.
5.3.3 Subsneeded will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Subsneeded first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Athletic Service Provider’s future Payouts, after the adjustment is made to the Athletic Service Provider’s Subsneeded account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Subsneeded and/or Subsneeded by you. Such communications may be made by Subsneeded or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Subsneeded will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Subsneeded or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Subsneeded.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms will be initiated and remitted by Subsneeded in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Subsneeded will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Subsneeded will initiate and process the refund as soon as is practicable.
6. Abandoned Services
If Subsneeded holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
7. Prohibited Activities
7.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your Subsneeded account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Subsneeded Payments or any of Subsneeded Payments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
7.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Athletic Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
8. Force Majeure
Subsneeded shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Subsneeded, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
9. Disclaimers
9.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
9.2 Notwithstanding Subsneeded appointment as the limited payment collection agent of Hosts pursuant to Section 4, Subsneeded Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Subsneeded Payments does not have any duties or obligations as agent for each Athletic Service Provider except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
9.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
9.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
10. Liability
10.1 Except as provided in Section 10.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Subsneeded account in any way, you are responsible for the actions taken by that person. Neither Subsneeded Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Subsneeded has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Athletic Service Providers pursuant to these Payments Terms, in no event will Subsneeded Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Subsneeded Platform as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Athletic Service Provider, the amounts paid by Subsneeded Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Subsneeded and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Subsneeded liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10.2 The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Subsneeded Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Subsneeded in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Subsneeded Payments is excluded to the maximum extent allowed by applicable law.
10.3 In no event shall we be liable to you for:
10.3.1 death or personal injury;
10.3.2 any loss, cost, damage or expense not considered likely to arise at the date of your agreeing to the terms of these Payment Terms;
10.3.3 any incidental, special, indirect or consequential loss, cost, damage or expense; or
10.3.4 loss of profits, loss of data, business interruption or any other commercial damages or losses; – regardless of the basis for such liability, whether under contract, delict, tort or otherwise, and even if we have been advised of the possibility of such liability.
11. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Subsneeded’s option), indemnify, and hold Subsneeded and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
12. Modification, Term, Termination, and other Measures
12.1 Modification. Except as otherwise required by applicable law, Subsneeded may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Subsneeded Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
12.2 Term. This agreement between you and Subsneeded reflected by these Payment Terms is effective when you create an Subsneeded account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 12.3.
12.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Subsneeded account. Terminating this agreement will also serve as notice to cancel your Subsneeded account pursuant to the Terms. Without limiting our rights specified below, Subsneeded may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. Subsneeded may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Subsneeded believes in good faith that such action is reasonably necessary to protect other Members, Subsneeded or third parties.
12.4 Suspension and Other Measures. Subsneeded may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Subsneeded believes in good faith that such action is reasonably necessary to protect the personal safety or property of Subsneeded, its Members or third parties or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
12.5 Appeal. If Subsneeded takes any of the measures described in Section 12.3 and 12.4 you may appeal such a decision by contacting customer service.
12.6 Effect of Termination. If you cancel your Subsneeded account as an Athletic Service Provider or Subsneeded takes any of the measures described above, Subsneeded may provide a full refund to any Clients with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Subsneeded account as a Client, Subsneeded Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Subsneeded account or attempt to access and use the Payment Services through an Subsneeded account of another Member.
12.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
13. Governing Law and Dispute Resolution.
These Payment Terms shall be governed, construed and enforced in accordance with the laws of the Province of Ontario. Any dispute arising between the parties shall be dealt with exclusively in the courts of that Province.
14. Miscellaneous
14.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Subsneeded and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Subsneeded and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
14.2 No Waiver. Subsneeded’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
14.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Payments’ prior written consent. Subsneeded Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
14.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Subsneeded via email or Subsneeded Platform notification. The date of receipt will be deemed the date on which Subsneeded Payments transmits the notice.
15. Contacting Subsneeded
You may contact Subsneeded regarding the Payment Services using the information below:
| ENTITY | CONTACT INFORMATION |
|---|---|
| Subsneeded.com | 6601 Packard Road Niagara Falls, New York 14304 info@subsneeded.com Company Number: (716) 801-7798 |
Last Updated: April 1st, 2021
