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THE EMPASYS™ ELECTRONIC FINANCIAL SOLUTIONS SERVICE
As an EmpaSys™ customer (¡°Customer¡± or ¡°You¡± or ¡°Your¡±) may send a
payment to any creditor (¡°Biller¡± or ¡°Billers¡±, "Provider" or
"Providers", "Recipient") from any one of the
Safari Wireless
locations (¡°Agent¡± or ¡°Agent locations¡±) nationwide. Transaction
Management, LLC (¡°Company¡±) transmits EmpaSys™ electronic payments
to the Biller(s), Provider(s), or Recipient electronically or in the
case of "out-of-network" bill payments, in the form of a money
order. This process is referred to as the ¡°Service¡± herein. Use of
this Service constitutes Your agreement with these Terms and
Conditions.
EMPASYS™ PRIVACY POLICY
Our goal is to protect the information that You provide. Following
is our privacy policy regarding any personal information that You
supply to the Service for the purpose of sending Your payments:
Company will only disclose to the respective Biller(s) or Provider(s)
the information that was provided during enrollment into the
Service, for use by the Service, and is required information for
proper forwarding of the payment. We will not use Your personal
information for a different purpose than the one stated when You
provide your data.
The information typically gathered for enrollment consists of name,
address, city, state, zip code, Your Customer account number(s) with
the respective Biller or Provider, and possibly other information
specifically related to Your account or the type of payment You are
making. Without this information the ability to effectively complete
a bill payment transaction, card load, or money tranfer for You will
be affected. If You use this service, we will assume that You agree
that the information you provided may be used as described in this
statement. If you have questions or concerns feel free to call us at
1-866-EMPASYS (367-2797).
REFUNDS
The only time a payment will be refunded is when the bill payment
Biller will not accept the payment You attempted to pay. In such
cases, if the Biller promptly notifies EmpaSys™ of its refusal to
accept the payment, EmpaSys™ will cancel the payment transaction and
refund the principal amount to the Customer, but the fee for
handling the payment attempt will not be refunded. All refunds shall
be made within 30 days of receiving a valid written request to the
address listed below. If the Biller does not promptly notify EmpaSys™
of its refusal to accept the transaction, EmpaSys™ will not be
liable to the Customer for the refund, and the Customer should
contact the Biller directly to obtain the refund. Prepaid debit
loads and money transfer payments cannot be refunded.
LIABILITY
LIMITATION OF LIABILITY – COMPANY AGREES TO USE ITS BEST EFFORTS TO
ENSURE THAT THIS PAYMENT IS SENT TO THE BILLER, PROVIDER, OR
RECIPIENT; HOWEVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES,
PENALTIES, LATE FEES, CHARGES, ASSESSMENTS OR DISRUPTIONS IN
SERVICES IMPOSED AS RESULT OF DELAY, NONDELIVERY, NONPAYMENT, OR
UNDERPAYMENT OF THIS TRANSACTION. IN NO EVENT WILL COMPANY BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
RESOLUTION OF DISPUTES
Any dispute or claim arising from or relating to this transaction
that involves a claim by Customer for less than $10,000, exclusive
of interest, arbitration fees and costs, shall be settled by
arbitration administered by the American Arbitration Association
(¡°AAA¡±) under its Arbitration Rules for the Resolution of
Consumer-Related Disputes. Any other dispute or claim arising from
or relating to this transaction shall be settled by arbitration
administered by the AAA under its Commercial Arbitration Rules, with
such arbitration to be held in Fort Worth, Tarrant County, Texas, or
in such other location as the parties may mutually agree. Each party
shall bear its own attorney, expert and witness fees, which shall
not be considered costs of arbitration. Judgment on any award
rendered by the arbitrator may be entered in and enforced by any
court having jurisdiction thereof. The parties agree that neither of
them shall have the right to participate as a representative or a
member of any class of claimants pertaining to any claim subject to
arbitration under this paragraph and that claims of third parties
shall not be joined in any arbitration between the parties. The
parties acknowledge and agree that this arbitration agreement is
made pursuant to a transaction involving interstate commerce and
shall be governed by the Federal Arbitration Act, 9 U.S.C. ¡×1-16. If
any portion of this paragraph is deemed invalid or unenforceable, it
shall not invalidate the remaining portions of this paragraph.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY
PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL
BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF
OR RELATING TO THIS TRANSACTION.
Company and its agents may decline to accept any cash payment, or
pay any money transfer that either of them determines, in their sole
discretion, violates any applicable law or Company policy. |