These Terms of Service are a legal agreement, between you and Google Payment Corp. ("GPC" or "we"), a wholly owned subsidiary of Google LLC, that govern your access to and use of the Services (as defined below). Please review these Terms of Service before you decide whether to accept them and continue with the registration process. These Terms of Service are divided into the following parts:A. Definitions
B. Google Payments Terms
C. Gift Card and Prepaid Credits Terms
D. Google Pay P2P Service and Other Google Pay Terms
E. General Terms
By accepting this Agreement, You represent the following:
If you are a business entity, you also represent that you are:
By agreeing to these Terms of Service, you authorize GPC to charge your Payment Instrument and/or debit your Google Pay Balance, as applicable, when you incur transactions or fees using any of the services offered hereunder.
"Applicable Law": Any and all federal, state and local laws, rules and regulations applicable to the Services.
"Buyer": A Customer using a Service to purchase goods and/or services from a Seller.
"Carrier": A mobile telephone operator approved by GPC that offers a Carrier Billing Account.
"Carrier Billing Account": The monthly or other periodic billing account provided to you by your Carrier that you register to fund certain Payment Transactions.
"Carrier Billing Service": The payment process whereby GPC, on behalf of Seller, submits a Payment Transaction to the Carrier for billing to a Buyer's Carrier Billing Account.
"Customer": A person who registers for the Service(s).
"Funding Account": A credit card, debit card or ACH-enabled checking or savings account that is registered or used by you to fund P2P Payments or payments made by you to your Google Pay Balance.
"Google": Google LLC.
"Google Account": The account you create with Google LLC for the use of Google Services, as defined in the Google Terms of Service.
"Google Pay": The Service consisting of the P2P Service, Google Pay Balance, Google Pay with Virtual Account Numbers and Linked Third-Party Accounts, Save to Google Pay, and any other features described in the Google Pay Terms of Service.
"Google Pay Balance": Funds you maintain in your Google Payments Account as part of the Google Pay Service, which is a service provided by GPC. The Google Pay Balance is facilitated by GPC and is held in a deposit account at a Partner Bank. Please note that, in some contexts across other GPC services, Google Pay Balance may also be referred to as "Google Wallet Balance," and all references in these Terms of Service to "Google Pay Balance" apply equally to the term "Google Wallet Balance."
"Google Pay P2P Service": The P2P Service offered by GPC. The service name of the P2P Service's mobile app, also offered by GPC, is "Google Pay Send." References to "Google Pay P2P Service" herein apply equally to "Google Pay Send," unless otherwise noted.
"Google Pay Send": The service name of the P2P Service's mobile app, offered by GPC.
"Google Pay with Virtual Account Numbers and Linked Third-Party Accounts": The Google Pay feature that enables you to use Virtual Account Numbers and Linked Third-Party Accounts (i) to make purchases at locations where contactless payments using your mobile device, along with a credit/debit card, are accepted, and (ii) to make purchases on merchant mobile applications, websites, and other interfaces accepting Google Pay. This feature was previously referred to as Android Pay.
"Google Payments Account": The account assigned to you by GPC when you accept these Terms of Service. Information related to the account may be accessed at https://payments.google.com.
"Google Wallet": See the definition of "Google Pay P2P Service."
"Google Wallet Balance": See the definition of "Google Pay Balance."
"Google Web Sites": The web site pages or mobile application interfaces of Google, a Google affiliate or a Google-affiliated or partner company.
"GPC": Google Payment Corp.
"Linked Third-Party Account": A digital wallet or account that you have with a company other than GPC, Google, or any of their affiliates, and that you link to Google Pay in accordance with the Google Pay Terms of Service and in order to enable additional payment or other functionality for use with Google Pay.
"Loyalty Program(s)": A membership, affinity, or rewards program that you have already registered for or may newly register for via Google Pay and which, when stored as a Save to Google Pay Item, 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.
"Offer(s)": Vouchers, coupons, discounts or other Save to Google Pay Items that can be redeemed at a participating merchant.
"Online Card Processing Service": The service by which GPC holds a Buyer's registered Payment Instrument information in Buyer's Google Payments Account and, at the time of Buyer's purchase from a Seller using such Payment Instrument, GPC provides such information to Seller (or Seller's card processor, including potentially GPC itself) for processing through the applicable card network, which Seller, in turn, provides to the issuer of Buyer's Payment Instrument for approval and financial settlement through the card network to the Seller.
"P2P Payment" or "Peer to Peer Payment": Payment initiated to another Customer using the P2P Service that debits (or charges) a Funding Account or Google Pay Balance of the Sender and makes the funds available to be claimed via the Recipient's Google Payments Account. P2P Payments may not be used for business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.
"P2P Service": The Google Pay Service provided by GPC that facilitates peer to peer payment transactions. The service name of the P2P Service's mobile app, offered by GPC, is "Google Pay Send." The service name of the P2P Service's other versions, offered by GPC, is "Google Pay."
"Partner Bank": One or more U.S. banks and other U.S. financial institutions at which GPC establishes an account holding Google Pay Balances.
"Payment Instrument": A credit card, debit card, ACH-enabled checking or savings account, merchant gift card or other prepaid payment method, Carrier Billing Account, Google Pay Balance, third-party digital wallet, and/or other financial account that is registered in a Customer's Google Payments Account. In the case of Google Pay with Virtual Account Numbers and Linked Third-Party Accounts, a "Payment Instrument" is a Virtual Account Number or Linked Third-Party Account. Not all Payment Instruments are eligible for use with all Services.
"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 Online Card Processing Service and the Carrier Billing 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 P2P Payment. P2P Payments may not include business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.
"Save to Google Pay Items": Non-payment-card items stored in your Google Account consisting of Offers, Loyalty Programs, gift cards redeemable at a specific merchant store or group of stores (i.e., closed loop gift cards), and more which are added by you or which are pushed by a merchant or third party into your Google Account and displayed on your supported mobile device.
"Save To Google Pay": The Google Pay feature that enables the scanning, storage, display, status, and/or redemption of non-payment-card items saved toyour Google Account as Save to Google Pay Items, which may include loyalty points, order tracking, display of gift card balance, delivery updates, and more. This feature was previously referred to as Save to Android Pay.
"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. P2P Payments may not include business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.
"Service(s)": The Google Payments products and services provided by GPC described in these Terms of Service that are or facilitate (i) the Processing Service, (ii) Google Pay, and (iii) the P2P Service.
"Third-Party Online Payment": Use of a Payment Instrument to make purchases on merchant mobile applications, websites, and other online interfaces.
"Virtual Account Number": A bank-issued virtual account number representing a credit or debit card you registered with Google Pay in accordance with the Google Pay Terms of Service.
"We", "us": Google Payment Corp.
"You", "you": A person or business that applies to, or registers to use, or uses, the Services.
2.1 Setting Up a Google Payments Account
When you accept these Terms of Service (for example, when first registering a Payment Instrument in your Google Payments Account, setting up Google Pay, or setting up the Google Pay P2P Service, including the Google Pay Send app), you are creating a Google Payments Account that is associated with your Google Account, and which may be accessed at https://payments.google.com. Depending on the Services 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 for the account, if applicable), date of birth, and/or your social security number. 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. Finally, if you register a Carrier Billing Account, we will ask you to provide your mobile telephone number and the name and billing address associated with that number.
The information you provide will be used by us to determine if you are eligible to begin and/or continue to use the Services. Provision and use of such data is subject to the Google Payments Privacy Notice, as described more fully in Section 7 below.
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 Google Payments 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 Google Account
In order to use the Services, you must have a Google Account which is in good standing with Google, in accordance with the Google Terms of Service. If you or Google closes your Google Account for any reason, your Google Payments Account will also be closed and you will no longer be able to access the Services.
3.1 Getting Started with the Processing Service
In order to use the Processing Service, you must complete all information elements required on pages where you register a Payment Instrument in your Google Payments Account. You must register a valid Payment Instrument to make Payment Transactions.
You authorize GPC to confirm that your Payment Instrument is in good standing with the issuing financial institution and/or Carrier (as applicable), including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association or Carrier rules as applicable. GPC, 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 Online Card Processing Service
The Online Card Processing Service facilitates a credit or debit card purchase by a Buyer from a Seller that is registered with GPC to receive certain merchant payment processing services. The Online Card Processing Service stores information from Buyers, such as their Payment Instruments and shipping information. GPC processes Payment Transactions on behalf of Sellers, as the agent of the Seller, through the appropriate credit card or debit card network or through a participating Carrier, 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. GPC will assist as agent of the Seller in accessing the card 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 Online Card 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 GPC, Google or any of their affiliates. Neither GPC nor Google are a party to your Payment Transaction for the purchase of Products, and GPC, Google, or other GPC 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 Google Web Site.
You also agree that Google may update your Payment Instrument information, including expiration date and card number, due to information received under certain account updater programs created by the payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from the card networks regarding your Payments Instruments stored by GPC. GPC may reflect these changes to your stored Payment Instrument to prevent payment failure or service termination.
You also agree that a Seller and GPC, acting on behalf of the Seller, may resubmit a Payment Transaction for a Product purchase to the payment network for processing one or more times in the event that a prior Payment Transaction is declined or returned by the payment network.
3.3 Carrier Billing Service
Certain Sellers that use the Processing Service may permit you to have your purchase billed to your Carrier Billing Account. These additional terms apply when you use Carrier Billing through the Processing Service:
3.4 Passing Payment Instrument Details to Third Parties
Where requested by You, GPC may pass details of your Payment Instrument and related information to a third party for that third party to charge the Payment Instrument for goods or services it will supply to You. In such cases, after passing the Payment Instrument details to that third party, GPC will have no further involvement in Your transaction with that third party (and You acknowledge and agree that your purchases made are transactions between you and the third party and not with GPC, Google or any of GPC's affiliates). This is not a Payment Transaction. You should contact the third party or Your Payment Instrument provider (e.g., credit or debit card provider) directly regarding any issues with such third-party transactions, including refunds and disputes.
3.5 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"(or equivalent phrase), you authorize the applicable Seller to bill your chosen Payment Instrument each designated billing period for the subscription at the Purchase Amount. You further authorize the applicable Seller to charge the Purchase Amount to the alternate Payment Instrument, if you have selected one in your Google Payments Account, in the event that the Seller is unable to charge to your designated Payment Instrument for any reason.
The Purchase Amount will continue to be charged to your Payment Instrument or alternate Payment Instrument (if applicable) each billing period, 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 by following the process described here, 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.
3.6 Permissible Payment Transactions
You may only use the Processing Service to process a Payment Transaction for a Product that is purchased from a Seller through a legitimate, bona fide sale of the Product. The Processing Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. The Processing 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.
3.7 Service Fees
GPC does not charge a fee to use the Processing Service as a Buyer. The financial institution that issues, or the Carrier that provides, 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.
GPC 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.
For transactions other than those involving your Google Pay Balance or P2P Payments, if Customers are unable to resolve a dispute, GPC can mediate disputes between buyers and sellers if either party requests assistance. If this occurs, GPC will review the dispute and propose a non-binding solution, if appropriate. For more detailed information, please see our Frequently Asked Questions. For the Google Pay Balance Customer Service and Error Resolution Policy applicable to the Google Pay Balance and certain P2P Payments, please see Section 5.
GPC 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 GPC with respect to other Customers of the Processing Service.
You agree to release GPC, Google, and other GPC 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 GPC 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 GPC, Google, and other GPC 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 GPC 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. The refund procedure described in this Section 3.9 does not apply to transactions involving your Google Pay Balance or P2P Payments. For refund policies applicable to these products, please see Section 5.
4.1 Google Play Gift Cards - Eligibility and Redemption
Google Play Gift Cards ("Play Gift Cards") are valid only for users who are 13 years of age or older, and who are residents of the USA. Play Gift Cards are issued by GPC, unless specified otherwise. To redeem a Play Gift Card, you will need access to the internet, and you will need to create a Google Payments Account. For users between 13-17 years of age, Google Payments Account enrollment is limited solely to redemption of Play Gift Cards on Google Play and YouTube. Play Gift Cards must be redeemed toward the purchase of eligible products on https://play.google.com and https://www.youtube.com. Purchases are deducted from the Play Gift Card balance. Any unused Play Gift Card balance will be placed in the recipient's Play Gift Card account when redeemed. GPC may provide Play Gift Card purchasers with information about the redemption status of Play Gift Cards that they purchase. To view Play Gift Card balances, visit https://payments.google.com/
4.2 Store Credit - Eligibility and Redemption
Google Store credit ("Store Credit") is valid only for users who are 18 years of age or older, and who are residents of the USA. Store Credit is issued by GPC, unless specified otherwise. To redeem Store Credit, you will need access to the internet, and you will need to create a Google Payments Account. Store Credit must be redeemed toward the purchase of eligible products on https://store.google.com. Purchases are deducted from the Store Credit. GPC may provide purchasers with information about the redemption status of their Store Credit; to view visit https://payments.google.com/
Play Gift Cards and Store Credit are not redeemable for cash or other cards, are not reloadable or refundable, cannot be combined with other balances in your Google Payments Account, and cannot be resold, exchanged or transferred for value, except as required by law. If an order exceeds the Play Gift Card or Store Credit amount, the transaction will be declined unless more value is added to the balance or another valid Payment Instrument is selected to complete the transaction. GPC disclaims all express or implied warranties as to the Play Gift Card, Store Credit, and their respective redemption sites.
Neither GPC nor Google is responsible if a Play Gift Card or Store Credit is lost, stolen, destroyed or used without your permission. GPC and Google will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Play Gift Card or Store Credit is redeemed and/or used to make purchases.
For terms relating to Google Pay with Virtual Account Numbers and Linked Third-Party Accounts, or Save to Google Pay, see the Google Pay Terms of Service.
Note: When using the Processing Service, or when passing your Payment Instrument details to third parties in accordance with Section 3.4 above, your Payment Instruments may also be presented to you under the Google Pay brand, but in that instance remain subject to applicable terms in Part 3 ("The Processing Service") of these Terms of Service.
How to Identify GPC's P2P Service and Google Pay Balance feature. The GPC P2P Service and Google Pay Balance are identified in apps and on websites (1) with the use of one of the following service names: "Google Pay Send," "G Pay Send," "Google Pay," "G Pay," "Google Payment Corp.", "Google Pay Balance", or "G Pay Balance" and (2) accompanied by the phrase "Processed by Google Payment Corp", "Facilitated by Google Payment Corp", or similar text appearing on the transactional screen associated with the app or website from which you access the P2P Service or Google Pay Balance feature.
5.1 Google Pay Balance
(a) Your Google Pay Balance is sometimes referred to as "Google Wallet Balance" in certain Google Web Sites and applications.
(b) Creating Google Pay Balance. You may maintain funds in your Google Payments Account that are known as your Google Pay Balance. To create a Google Pay Balance, you will first be asked to provide certain registration information, as described in Section 2 above.
Funds can be accumulated in your Google Pay Balance by means of:
(i) funds received from a Sender and/or
(ii) a credit issued to you in accordance with the terms of the Google Pay Balance Customer Service and Error Resolution Policy, or as a courtesy by GPC or Google.
GPC will use commercially reasonable efforts to make funds available to you no later than three (3) business days after GPC receives final settlement of the funding transaction.
Using your Google Pay Balance in order to monetize/maximize any rewards programs offered under the issuer's terms for your credit or debit card is prohibited under these Terms of Service.
(c) Withdrawal of Google Pay Balances. You may register an ACH-enabled checking, savings, or debit card account as the Funding Account for your Google Pay Balance in order to withdraw funds from your Google Pay Balance. If you are permitted by GPC to withdraw funds to a bank account or debit card, you must be the named account-holder of both the Google Pay Balance and the bank account or debit card to which funds are withdrawn. Withdrawals may be processed in part by third parties (such as your account-holding bank). We are not responsible for withdrawn funds once provided to the third party for delivery to you at your request. You are solely responsible for any fees that may be charged to you by a third party for processing a withdrawal. GPC will not be responsible for withdrawals provided to the wrong party or account, or where you provided incorrect withdrawal account details to GPC.
(d) Use of Google Pay Balances. You may use your available Google Pay Balance for P2P Payments, Payment Transactions on Google Play and withdrawals as described in Section 5.1(b) above.
(e) No Interest on Google Pay Balances. GPC and the Partner Bank do not pay interest to you on Google Pay Balances or any other funds. You assign to GPC the right to earn interest on funds in the deposit account of the Partner Bank, in consideration of your use of the Service.
(f) Negative Google Pay Balances. If for any reason, your Google Pay Balance becomes negative, you authorize GPC to:
(i) Initiate a debit or charge to your Funding Accounts in your Google Payments Account to bring your Google Pay Balance to $0 and / or
(ii) Use a third party to recover funds from you to bring your Google Pay Balance to $0.
Your authorizations under this Section 5.1(e) 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 Google Pay Balance temporarily or permanently if we notice suspicious activity in connection with your Google Pay Balance account. We have no liability for restricting access to the Google Pay Balance because of suspected suspicious activity. If we do not complete a transaction using your Google Pay 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:
(i) If through no fault of ours, a merchant refuses to honor a transaction using your Google Pay Balance;
(ii) If through no fault of ours, you do not have enough money available in your Google Pay Balance to make a purchase;
(iii) If the terminal or system was not working properly;
(iv) If the transaction information supplied by you or a third party is incorrect or untimely;
(v) If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; or
(vi) The merchant authorizes an amount greater than the purchase amount.
There may be other applicable exceptions as otherwise provided by state or federal laws.
5.2 P2P Payments
(a) Requirements for Registration
In order to use the P2P Service to make P2P Payments using a debit card, or 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 the Content Policy may result in a user being suspended from the P2P Service and/or other Services. The P2P Service may also not be used for charitable transactions.
(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 Google Pay Balance, for such P2P Payment. As determined by the Funding Account or Google Pay Balance you select, you authorize GPC to:
(i) For a P2P Payment made from your Google Pay Balance, debit funds in the P2P Payment amount from your Google Pay Balance;
(ii) For a Funding Account that is a 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 Google Pay 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 5.2 remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.
5.3 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 email address who otherwise meets the requirements of these Terms of Service to receive such P2P Payment. You must select the Funding Account or your Google Pay Balance from which your P2P Payment will be sent at the time you initiate the P2P Payment. You will also have the option to enter a "memo" or note for the P2P Payment, which may be retained by GPC as part of the P2P Payment record and/or monitored by GPC in accordance with its financial regulatory obligations.
(b) In the event you initiate a P2P Payment from your Google Pay Balance and there are insufficient funds for the P2P Payment, your Google Pay Balance may be debited in the amount of the insufficient funds. In the event your Google Pay Balance incurs a negative balance as a result of this debit, your Funding Accounts will be debited in the order listed in your Google Payments Account to bring your Google Pay Balance to $0 (as described in Section 5.2(a) above).
(c) GPC will hold funds debited from a Sender's Funding Account or Google Pay Balance pending transfer to the Recipient. You will not have access to funds in the process of transmission to the Recipient.
(d) The Recipient will receive an email 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 email.
(e) The Recipient must either have or create a Google Payments Account in order for the funds to become available to him or her. A Recipient may be required to take certain actions, such as providing GPC with additional registration information, or accepting the Google Payments Terms of Service, prior to the funds becoming available. GPC is not responsible if the intended Recipient does not have or create accounts necessary to receive a P2P Payment.
(f) A requested P2P Payment is complete when funds are (i) credited to the Recipient's Google Pay Balance and available for use or withdrawal by the Recipient or (ii) directed by the Recipient to the Recipient's bank account (via the Recipient's debit card or the ACH Network). The Sender may request that GPC cancel the P2P Payment prior to such completion of the P2P Payment, as described in our Customer Service & Error Resolution Policy. The Sender may request cancellation of the P2P Payment by calling GPC at 1-888-986-7944. GPC will use commercially reasonable efforts to cancel the P2P Payment upon request by the Sender. In the event that GPC is able to cancel the P2P Payment, the funds will be credited to the Sender's Funding Account, or Google Pay Balance, that was used to fund the P2P Payment. GPC may deduct applicable fees from the returned funds, to the extent permitted by applicable law. P2P Payments that have been completed as set forth in this subsection are ineligible for cancellation.
(g) GPC reserves the right (but is not obligated) to make funds available to a Recipient before GPC receives final settlement of the Sender's funding transaction. GPC also reserves the right in its sole discretion to delay transfer of funds to Recipient or place a hold on funds in the Recipient's Google Pay Balance.
(h) Notwithstanding the foregoing, GPC will use commercially reasonable efforts to make funds available to a Recipient no later than three (3) business days after GPC receives final settlement of the Sender's funding transaction. Except as set forth in the Customer Service & Error Resolution Policy, GPC has no liability to you or any other person for any delay in making funds available to the Recipient.
(i) 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 Google Payments Account and / or Google Pay 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 Google Pay Balance.
(j) Use of Gmail and Google+. You may be able to initiate a P2P transaction using Gmail. The text of Gmail email messages for P2P Payments, any accompanying photo(s), and any other attachments, data, or information included in such messages, are not considered part of P2P Payments processed by GPC. In the event that you have created a Google+ profile that includes your photo(s), such photo(s) may be visible to Senders and Recipients and included with your P2P transaction. You may limit the sharing of your photos by changing the settings of your Google+ profile in your Google+ account. Your use of Gmail and Google+ are subject to the terms of service and policies of those individual products. P2P Payments initiated through Gmail are offered as part of Google Pay by GPC under the terms of this agreement. Gmail and Google+ are offered under the terms of your agreement for those services with Google LLC.
5.4 Transaction Records, Customer Service and Error Resolution Policy
Records of your P2P Payments through the P2P Service and your other Google Pay Balance transactions (together, your "Google Pay Balance Transactions") will be reflected in your transaction history in your Google Payments Account. In addition, you will be provided with a monthly statement of your Google Pay Balance Transactions, which can be accessed by logging into your account at pay.google.com or in the Google Pay Send mobile application. You are responsible for reviewing your statement and transaction activity to determine if there are any errors or unauthorized transactions, and for alerting GPC of such events, in accordance with the Google Pay Balance Customer Service and Error Resolution Policy, available in your Google Payments Account. You should review the Google Pay Balance Customer Service and Error Resolution Policy to understand certain rights you may have as to your Google Pay Balance Transactions.
It is your obligation to save or print a copy of your Google Pay 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 statements stored by GPC. You may request paper copies of certain electronic records about your account and stored by GPC, subject to the limitations of the Electronic Communications policy, as stated in Section 9 below. GPC reserves the right to charge you fees for such paper copies.
GPC may charge fees in accordance with the then-current fee schedule, as stated herein. Google Pay does not assess a fee for any P2P Payment or Google Pay Balance transaction.
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.
5.6 Transaction Limits
P2P Payments may not exceed Ten Thousand Dollars ($10,000) in aggregate transactions over seven (7) days. Transactions using Google Pay Balance, excluding P2P Payments, may not exceed Ten Thousand Dollars ($10,000) as an individual transaction or Fifty Thousand Dollars ($50,000) in aggregate transactions over five (5) days. Florida residents also may not initiate, receive, or otherwise engage in P2P Payments or Google Pay Balance transactions exceeding Three Thousand Dollars ($3,000) in any given 24-hour period. GPC 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. General Terms
The terms in this Part E (General Terms) are applicable to all Services described in these Terms of Service.
6. Use of Services
Notwithstanding any limitations described elsewhere in these Terms of Service, 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.
GPC may delay, hold, cancel or reverse processing of any transaction if:
(a) a Sender makes a claim to GPC for a refund or other reversal, or
(b) GPC, in its sole discretion, believes that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law, these Terms of Service, or any applicable GPC or Google policies.
Buyer authorizes the charge or debit to Buyer's Payment Instrument, by GPC 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 GPC 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.
Certain GooglePay features, such as Google Pay with Virtual Account Numbers, areintended for use on mobile devices, Android operating systems, or other devices or operating systems approved by Google, as provided to you directly by Google or your mobile carrier. You are strictly prohibited from using such featureson a mobile device or Android operating system, or other device or operating system approved by Google, that has been modified or customized in any way. You bear sole responsibility for such unauthorized use of such featureson a modified mobile device, Android operating system, or other device or operating system approved by Google.
If you believe your Google Payments 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 GPC protects you from fraud.
6.3 Unclaimed Property
If GPC is holding funds due to you arising from a Payment Transaction processed using any service described herein, and GPC is unable to contact you and has no record of your use of the service for several years, Applicable Law may require GPC to report these funds as unclaimed property. If this occurs, GPC will try to locate you at the address shown in our records, but if GPC is unable to locate you, it may be required to deliver any such funds to the applicable state as unclaimed property. GPC reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by Applicable Law.
6.4 GPC Not a Banking Institution, Issuer, or Processor
GPC is not a bank or other chartered depository institution. GPC is not an issuer of any Funding Account, Payment Instrument or other item stored as a Valuable, unless expressly stated otherwise. With respect to transactions involving Google Pay with Virtual Account Numbers, Linked Third-Party Accounts, or Third-Party Online Payments, all payment processing is handled solely by the merchant, and GPC is not involved in the merchant's processing of the payment.
With respect to the Processing Service, GPC processes Payment Transactions through the Processing Service as an agent of and on behalf of Sellers. Funds held by GPC 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 Save to Google Pay Item, and you are responsible for ensuring your use of the Services 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 Save to Google Pay Items, 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 Save to Google Pay Item, these Terms of Service govern the relationship between you and GPC solely with respect to the Services, and your agreement with the issuer of your Funding Account, Payment Instrument or Save to Google Pay 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 for Save to Google Pay Items, and any other information you enter or otherwise store in Google Pay. GPC is not responsible for the accuracy or availability of any information you enter or otherwise store with the Services, including, without limitation, whether such information is current and up-to-date.
6.5 Communication with Issuers
By electing to use Google Pay, you authorize GPC, directly or through such Service, to communicate with the issuer of your Funding Account, Payment Instrument, or Save to Google Pay Item, to provide or obtain any information required by that issuer. In providing this information, an issuer does not endorse and is not responsible for Google Pay.
6.6 Third Party Providers
GPC may have arranged for third party providers to provide products or services to you through the Services ("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 Services, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through the Services, 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 GPC.
Some of the Services' features may be supported by advertising revenue and may display advertisements and promotions. In consideration for GPC granting you access to and use of the Services, you agree that GPC may place such advertising. In addition, you may have the choice to opt-in to allowing information from the Services to be used by GPC and Google, in order to present you with more relevant advertising, as well as more relevant items for you to store and/or redeem as Save to Google Pay Items.
6.8 Third Party Fees
You are responsible for any fees charged by your telecommunications provider, Payment Instrument, or Save to Google Pay issuer, merchant, or any other third party in connection with your use of the Services.
6.9 No Extension of Credit
GPC is not extending credit in connection with your use of the Services.
6.10 No Relationship with Issuer of Payment Instruments
Use of the Services 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 the Services.
6.11 Instruction Regarding Consumer Reports
You instruct and authorize GPC to obtain consumer reports about you, as the term "consumer reports" is defined under the Fair Credit Reporting Act, and to use the information contained in such consumer reports to evaluate your prospective or ongoing eligibility to use the Services, to detect and prevent fraud, and to create, evaluate, and modify GPC risk management and mitigation tools, and to otherwise improve GPC's Services.
You understand and agree that personal information provided to Google or GPC in connection with the Services is subject to the Google Payments Privacy Notice: https://payments.google.com/
files/privacy.html. By agreeing to these Terms of Service you hereby agree to the Google Payments Privacy Notice, which may be updated by Google or GPC from time to time. You understand and agree that, to the extent permitted by Applicable Law, any data you provide to GPC in connection with the Services may be shared with Google and, conversely, any data you provide to Google in connection with the Services may be shared with GPC.
8. Username and Password Information
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' username and password.
9. Electronic Communications
GPC, Google Pay, 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 these Terms of Service confirms your ability and consent to receive such Communications electronically, rather than in paper form.
9.1 Electronic delivery of communications
You agree and consent to receive electronically all Communications provided to you in connection with your Google Payments Account and your use of the Services. Communications include:
(a) agreements and policies you must agree to in order to use the Services (e.g., these Terms of Service and the Google Payments Privacy Notice), including updates to those agreements and policies;
(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 Services.
Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
(a) posting them to your Google Payments Account on the Google Payments or Google Pay website or in an associated mobile application, such as Google Pay Send;
(b) posting them on or in a website or mobile application associated with Google or the Services;
(c) sending them via electronic mail to the email address you used to create your Google and Google Payments Account registrations; or
(d) otherwise communicating them to you via the Services.
It is your responsibility to open and review Communications that we deliver to you through the methods described above. We may, but are not obligated to under these Terms of Service, provide you with notice of the availability of a Communication that is delivered in one of the methods described above (for example, by informing you of such Communication through a notification sent to your mobile device).
You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
9.2 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 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
(c) the appropriate mobile application, in the case of Communications delivered through such application,
d) software capable of opening documents in PDF format;
(e) access to the valid email address you used to create your Google and Google Payments Account registrations; and,
(f) 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.
9.3 Requesting additional copies and withdrawing consent
The following additional terms will apply to such electronic Communications:
(a) you may contact GPC, Google Pay 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 GPC, Google Pay or the Third Party Provider, as applicable, reserves the right to charge a fee to provide such paper copy;
(c) you may contact Google to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications; and
(d) GPC or the Third Party Provider reserves the right to terminate your use of the Services and the associated Third Party Provider products and services if you decline or withdraw consent to receive electronic Communications.
You may contact GPC in relation to this Section 10 by logging in to your Google Payments Account at payments.google.com, selecting the Help link, and then selecting Contact Us.
10. Termination of Service
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).
11. Responsibility for Taxes
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.
12. No Endorsement of Products
GPC and Google 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 Save to Google Pay Items;
(c) the truth or accuracy of the description of any Product or Save to Google Pay Item, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid through the Services, or the Google Web Sites; or
(d) your ability to buy or redeem Products or Save to Google Pay Items using the Services. GPC and Google hereby disclaim any liability or responsibility for errors or omissions in any Content in the Services. GPC and Google 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 GPC, Google, 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 (including without limitation, Partner Bank, Paymentech, L.P. and relevant Customers) (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 GPC 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, GPC, GOOGLE, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, "GPC 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 GPC PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GPC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE GPC 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 GPC PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT OR SAVE TO GOOGLE PAY 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 SAVE TO GOOGLE PAY ISSUER, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.
15. Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY GPC 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 GPC 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 GPC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE GPC PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE EXCEED THE NET FEES GPC 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 GPC 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.
16. Governing Law
These Terms of Service shall be governed by the laws of California, except for California'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 Santa Clara County, California. 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, email, postings on the Google 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 Google Web Sites. Notice to GPC and Google may be made by mail to:
Attn: Google Payments
1600 Amphitheatre Parkway
Mountain View, CA 94043
18. Modification of Terms of Service
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, 3.8, 3.9, and 9 through 22.
21. English Language Controls
Any translation of these Terms of Service is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
22. Other Provisions
The failure of GPC or Google 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 GPC's or Google policies governing the Services referenced herein, constitute the entire agreement between you and GPC with respect to the use of the Services. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and GPC, Google, and other GPC 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.