A. WCA PartnerPay and You.
A-1: WCA PartnerPay is a WCA benefit service, restricted to use by WCA, Ltd.
WCA PartnerPay helps you make payments to and accept payments from other WCA members enrolled in the system. WCA PartnerPay is an independent contractor for all purposes, except that WCA PartnerPay acts as your agent only with respect to the custody of your funds. We do not guarantee the identity of any user or ensure that a user is in fact who they purport to be. Your use of the system via your username and password constitutes a waiver of all recourse against WCA, Ltd. for misuse, fraud, theft, fees, or other losses. Upon your leaving WCA, be it voluntarily or otherwise, all funds in your WCA PartnerPay account at the time of your departure will be held for a minimum of 150 days pursuant to the claims procedures and provisions of the Gold Medallion Financial Protection Plan and subparagraph E-3 of these terms and conditions.
A-2: Your Privacy.
A-3: Privacy of Others.
If you receive Information about another WCA PartnerPay User through the Service, you must keep the Information confidential and only use it in connection with the Service. You may not disclose or distribute a WCA PartnerPay User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
A-4: Intellectual Property.
"WCA PartnerPay," and all related logos, products and services described in our website are either trademarks or registered trademarks of WCA PartnerPay or its licensors. You may not copy, imitate or use them without WCA PartnerPay's prior written consent.
You may not transfer or assign any rights or obligations you have under this Agreement without WCA PartnerPay's prior written consent. WCA PartnerPay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
A-6: Notices to You.
You agree that WCA PartnerPay may provide notice to you by posting it on our website, emailing it to the email address listed in your Partner profile, or mailing it to the street address listed in your Partner profile. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered.
A-7: Notices to WCA PartnerPay.
Except as otherwise stated below in section K (Errors and Unauthorized Transactions) and section L (Disputes with WCA PartnerPay), notice to WCA PartnerPay must be sent by postal mail to: WCA PartnerPay, Attention: Customer Service 29 Bangkok Business Center, 21st Floor, Soi Sukhumvit 63 - Ekamai, Bangkok, 10110 Thailand.
A-8: Account Statement.
You may access your account statement and Balance by logging into your Account and clicking on the account statement tab.
A-9: Regulation E Disclosures.
Our commitments to you in this Agreement related to liability for unauthorized transactions, procedures, error resolution rights and procedures, Fees, contact information, our Business Days, limitations we may impose on transfers, and your rights to statements of your transaction history, constitute disclosures under any jurisdiction’s Electronic Fund Transfer Act or similar statutory and/or regulatory schemes.
B. Eligibility and Types of Accounts.
To be eligible for our Services, your company must be a member company of WCA, Ltd. of Logistic Networks, Ltd. This Agreement applies to ALL users without regard to any country in which they are located and/or operate.
B-2: Identity Authentication.
You authorize WCA PartnerPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.
C. Sending Money.
C-1: Sending Limits.
Sending limits will be posted on the home page along with any other disclosures. We may, at our discretion, impose limits on the amount of money you can send through our Service.
C-2: Default Funding Sources.
The minimum balance of any single account will be $1.00 USD, € 1.00 Euros and £ 1.00 GBP. When you make a payment, WCA PartnerPay will fund your transaction as follows:
||If you have a Balance in your Account, WCA PartnerPay will always use your Balance to fund your payment.
||If your Balance is not sufficient to fund your entire transaction, WCA PartnerPay will NOT fund your transaction.
C-3: Refused Transactions.
By signing up for this service, you agree to accept all payments sent via this service, without any recourse directed at WCA, Ltd.
C-4: Sending Money in Multiple Currencies.
You may send money in U.S. Dollars, Euros and Great British Pounds only.
D. Reversal - Claims
D-1: Risk of Reversals, Claims.
By using WCA PartnerPay, you agree that all payments are final, and that "reversals" and/or "claims" related to any payment made by the system will be resolved between you and the other partner. When you send/receive a payment, you are liable to WCA PartnerPay for any fees if the payment is later invalidated for any reason. You agree to allow WCA PartnerPay to recover any amounts due to WCA PartnerPay by debiting your Balance. If there are insufficient funds in your Balance to cover your liability, you agree to reimburse WCA PartnerPay through other means.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. WCA PartnerPay is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
E. Account Balances.
You must maintain a minimum balance of USD $1.00 and/or €1.00, £1.00 in your Account in order to make payments. If you do hold a Balance, WCA PartnerPay will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy.
E-2: Assignment of Interest to WCA PartnerPay.
You agree that you will not receive interest or other earnings on the funds that WCA PartnerPay handles as your agent. In consideration for your use of the Service, you irrevocably transfer and assign to WCA PartnerPay any ownership right that you may have in any interest that may accrue on funds held in WCA PartnerPay Accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants WCA PartnerPay any ownership right to the principal of the funds you maintain with WCA PartnerPay.
E-3: Security Interest.
You agree to a right of set off or offset in any transactions involving WCA, Ltd., such as membership fees, Gold Medallion payments, or other WCA fees or charges. You grant to WCA a lien on and security interest in your Account.
F. Withdrawing Money.
F-1: How to Withdraw Money.
You may withdraw funds by requesting an electronic transfer via the WCA PartnerPay system. You must specify the currency (USD, EURO, GBP) that is to be withdrawn. You acknowledge and agree that WCA PartnerPay will only pay via electronic transfer to the account set up in your Partner profile.
F-2: Withdrawal Limits.
Depending on the degree to which you have verified your Account, WCA, Ltd. will request verification of withdrawals over a specified amount in USD (or its equivalent in Euros or GBP). You acknowledge that any withdrawal/deposit out of or into the WCA PartnerPay system may require 72 hours processing time. Transfer amounts WITHIN the WCA PartnerPay system are limited only by your account balance and the minimum account balance requirement.
G. Closing Your Account.
G-1: How to Close Your Account.
You may close your Account at any time by logging in to your Account, clicking on the "Admin" tab, clicking on the "Close My Account" link, and then following the instructions. Upon Account closure, we will complete any pending transactions prior to providing you with the balance.
G-2: Limitations on Closing Your Account.
You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect WCA PartnerPay or a third party. You will remain liable for all obligations related to your Account even after the Account is closed.
Fees for Users are as follows:
|Sending a Payment within the system
|Receiving a payment within the system
|Depositing funds to Your WCA PartnerPay account
|Withdrawing funds from your WCA PartnerPay account
|Reopen closed account
I. Restricted Activities.
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with WCA PartnerPay, a User or a third party, you will not:
- Breach this Agreement, or any other agreement that you have entered into with WCA PartnerPay (including a Policy);
- Violate any law, statute, ordinance, or regulation;
- Infringe WCA PartnerPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Provide false, inaccurate or misleading Information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both WCA PartnerPay and the partner, or member for the same transaction;
- Use an anonymizing proxy;
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities.
- Conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to WCA PartnerPay, a User, a third party or you;
- Use your Account or the Services in a manner that WCA PartnerPay reasonably believes to be an abuse of the system or a violation of WCA rules;
- Allow your Account to have a negative balance;
- Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User's express consent to do so;
- Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
- Take any action that may cause us to lose any of the services from our internet service providers, or other suppliers;
J. Your Liability - Actions We May Take.
J-1: Your Liability.
You are responsible for all Claims, fees, fines, penalties and other liability incurred by WCA PartnerPay, a WCA PartnerPay User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse WCA PartnerPay, a User, or a third party for any and all such liability.
J-2: Actions by WCA PartnerPay.
If you engage in any Restricted Activities, we may take various actions to protect WCA PartnerPay, a User, a third party, or you from Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
WCA PartnerPay, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
- We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Funding Sources, and your ability to send money, make withdrawals, or remove financial Information);
- We may contact partners who have dealt with you, contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;
- We may update inaccurate Information you provided us;
- We may refuse to provide our Services to you in the future;
- We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
- We may take legal action against you.
J-3: Account Closure, Termination of Service, or Limited Account Access.
If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
K. Errors and Unauthorized Transactions.
K-1: Identifying Errors and/or Unauthorized Transactions.
You can inspect your transaction history at any time by logging in to your Account on the WCA PartnerPay website and clicking the "Account Statement" tab. It is very important that you immediately notify WCA PartnerPay if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction from your Account; (ii) there has been an unauthorized access to your Account; (iii) your password or WCA PartnerPay username has been compromised; (iv) someone has transferred or may transfer money using your Account without your permission (collectively called "Improper Account Access").
K-2: Notifying WCA PartnerPay of Errors and/or Unauthorized Transactions.
To notify us if you believe there has been or will be an error or unauthorized transaction on your Account, telephone WCA PartnerPay Customer Service at (662-726-9060), contact us using email (staff@WCApartnerPay.com) or write to WCA PartnerPay, Attn: WCA PartnerPay, 29 Bangkok Business Center, 21st Floor, Soi Sukhumvit 63 - Ekamai, Bangkok 10110 Thailand. If you initially provide information to us via the telephone, we may require that you send your complaint or question in writing within 10 Business Days after the phone contact.
K-3: Review of Reports of Errors and/or Unauthorized Transactions.
If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 Days to look into your complaint or question. At the end of our investigation, we will advise you of the results within 5 Business Days. If we determine that there was no error, we will send you a written explanation.
K-4: Liability for Unauthorized Transactions.
WCA PartnerPay is not liable for any unauthorized access or unauthorized transactions involving your account.
If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, WCA PartnerPay will credit your Account for the difference. If the error results in you receiving more money than you were entitled to, WCA PartnerPay may debit the extra funds from your WCA PartnerPay Account. In any event, WCA PartnerPay will NOT be liable for any damages, consequential or otherwise.
K-6: Release of WCA PartnerPay.
If you have a dispute with one or more Users, you release WCA PartnerPay (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes and/or the use of WCA PartnerPay. In addition, you waive any statutory or regulatory scheme or regulation which says or means: "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."
L. Disputes with WCA PartnerPay.
L-1: Contact WCA PartnerPay First.
If a dispute arises between you and WCA PartnerPay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and WCA PartnerPay regarding our Services may be reported to Customer Service.
L-2: Alternative Dispute Resolution.
If you are unable to resolve your issue by working directly with us, WCA PartnerPay will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and WCA PartnerPay agree to resolve any claim in accordance with this Agreement, or as otherwise agree to in writing.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
L-4: Law and Forum for Disputes.
Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against WCA PartnerPay must be resolved by a court located in Miami, Florida, USA. You agree to submit to the personal jurisdiction of the courts located within Miami, Florida, USA for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the Miami, Florida USA without regard to conflict of law provisions.
L-5: Improperly Filed Litigation.
All claims you bring against WCA PartnerPay must be resolved in accordance with section L-1 thru L-3 of this Agreement. All claims filed or brought contrary to those sections shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section L-1 thru L-3, WCA PartnerPay may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that WCA PartnerPay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
L-6: No Waiver.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
L-7: Limitations of Liability.
In no event shall we, our parent, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our web site, our service, or this agreement (however arising, including negligence). Some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. Our liability, and the liability of our parent, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
L-8: No Warranty.
WCA PartnerPay, our parent, employees and our suppliers provide our services "as is" and without any warranty or condition, express, implied or statutory. WCA PartnerPay, our parent, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You agree to defend, indemnify and hold WCA PartnerPay, its parent, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
L-10: Complete Agreement.
This Agreement sets forth the entire understanding between you and WCA PartnerPay with respect to the Service. Sections 1 and 10, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- “Account” or “WCA PartnerPay Account” means an account within the WCA PartnerPay system.
- “Add Funds” means your ability to add money into your Account.
- “Agreement” means this agreement including all subsequent amendments.
- “Authorize” or “Authorization” means you authorize a transaction in relationship to your account.
- “Balance” means any money that you have in your WCA PartnerPay Account. The terms “money” and “funds” are used interchangeably in this Agreement.
- “Business Days” means Monday through Friday, excluding Holidays.
- “Claim” means a request for reimbursement under a WCA PartnerPay system.
- “Confirmed Address” means an address that has been reviewed by WCA PartnerPay and found highly likely to be that of the User to which it is associated.
- “Customer Service” is WCA PartnerPay's customer support which can be accessed online through the WCA at any time, or by calling (662) 726-9060 Bangkok Thailand Time.
- “Days” means calendar days.
- “Dispute” means a dispute filed by a User with WCA PartnerPay.
- “Fees” means those amounts stated in section 8 of this Agreement.
- “Holidays” means New Year's Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, WCA PartnerPay shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, WCA PartnerPay shall observe the Holiday on the following Monday.
- “Information” means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, billing/shipping address, phone number and financial information.
- “WCA PartnerPay,” “we,” “us” or “our” means WCA PartnerPay, and its subsidiaries and affiliates.
- “Policy” or “Policies” means any Policy or other agreement between you and WCA PartnerPay that you entered into on the WCA PartnerPay website, or in connection with your use of the Services.
- “Restricted Activities” means those activities described in section 9 of this Agreement.
- “Send Money” means your ability to send money though the Service.
- “Service” means all payment services and related products available through WCA PartnerPay.
- “Substantial Change” means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
- “Verified” means that you have completed our verification process to establish your identity with WCA PartnerPay. Verification does not constitute an endorsement of a User, or guarantee a User's business practices.
- “User”, “you” or “your” means you and any other person or entity using the service.