Terms of Service
These Customer Terms of Service and User Agreement (this “Agreement”) is a contract between You (the “Customer”) and Emida Inc. (“Emida”). In this agreement, ‘You’ and ‘Your’ refer to Customer and Your designated agents and “We”, “Us”, and “Our” refer to Emida. By using any of the services (“Services”) provided by Us under this Agreement, You agree to abide by the terms and conditions set forth below.
You agree to abide at all times by the Emida Acceptable Use Policy
- Usage behavior – You agree under no circumstance shall the Emida System be used to transmit funds in association or for payment of illegal goods or services. This includes, but is not limited to, illegal substances, pyramid schemes, or any type of money laundering. In the event Emida finds Your Account is being used (or has at any time) for such activity, it will result in the suspension of Your Account. Emida will not be a party to the transfer of funds in association with illegal goods and services.
- Identity – You agree that You will not at any time attempt to falsify Your identity or defraud Emida or other Emida Users in any way. You authorize Emida, directly or through third parties, to make inquiries We consider necessary to validate Your identity. As such, Emida may request additional information to validate bank account ownership, identity, and transaction authorization. This information is requested to protect Emida Users. If Emida is unable to acquire sufficient information, Emida retains the right to suspend the account until the necessary information is provided. Additionally, if Emida has reason to believe any account information or identification documents have been falsified, Emida has the right to permanently suspend a User’s account. You agree in the event You are found to be defrauding or falsify Your identity to Emida or other Emida Users, legal action will be taken against You.
- Debt – You agree in the event You have unpaid debts or bills with Users within the Emida system, other Users may use documentation within the Emida system in collection of that debt. This includes, but is not limited to, unpaid invoices or unfulfilled contractual agreements. You agree Emida will not be held liable for any losses or debts incurred during Your experience with other Emida Users.
- Personal passwords/pin -In order to use the Services, You will need to use either one of, or a combination of, passwords and/or personal identification numbers (“PINs”) (for ease of reference, the foregoing are referred to as “Passwords”). You will establish and maintain Your own procedures to safeguard and protect the security of all Passwords and the confidentiality of all information relating to their use. With respect to all Passwords, (i) You will not disclose information regarding Passwords to any persons who are not authorized to use the Services to which they pertain and You will provide initial and periodic instructions to persons to whom You disclose information on Passwords, or otherwise permit to use either or both, regarding confidentiality and security, (ii) You will maintain Passwords in a secure location such that access to them will be limited to only those persons who are authorized to use the Services to which they pertain, (iii) You will ensure that Passwords are used only in a secure environment by only those persons who are authorized to use the Services to which they pertain, (iv) You will periodically change Passwords, (v) You will deactivate, cancel or change, as applicable, Passwords any time You terminate or limit the right of a person to use either or both, and (vi) You will notify Us immediately by telephone, at the number We provide to You from time to time for this purpose, if You believe any Password has been stolen, taken or is in the possession of or learned by an unauthorized person, and You will notify Us immediately by telephone, at the number We provide You from time to time for this purpose, if You believe information regarding an Password has been learned or used by an unauthorized person, and in both of the foregoing instances, You will follow-up with a same-day written confirmation of Your telephone call to Us. We will permit any person using a Password access to and use of the Service to which they pertain. We may also receive information from and provide information to a person using Passwords, and We may rely upon, act on and follow any instructions from a person using or seeking to use Passwords. If an unauthorized person obtains access to any Service through use of Passwords, We will not be liable to You or any other person for providing access to such person or for permitting use of any Service by such person, and We will not be liable to You or any other person for receiving information from or providing information to such person or for relying upon, acting on or following instructions from such person, unless You had provided reasonably sufficient advance notice of the unauthorized access to or disclosure of, or loss or theft of Passwords, or reasonably sufficient advance notice of the likelihood of an unauthorized disclosure or use, to Us. If We believe that security has been breached, We may deactivate, cancel or change Passwords without prior notice to You or block access to Services without prior notice to You until We are satisfied that security over access and use has been assured. You will cooperate with Us in the investigation and prosecution of any person who has disclosed, obtained or used any Passwords without Your approval.
At any time, Emida retains the right to close, suspend, or limit account activity. Emida, in its sole discretion, may:
a) Close, suspend or limit access to an account and refuse to provide future service;
b) Contact Users who have purchased goods or services from You, contact Your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of Your actions;
c) Hold all or a portion of Your funds for up to 90 days if needed to protect against the risk of liability;
d) Take legal action against You;
Emida, in its sole discretion, reserves the right to terminate this Agreement, access to its Website or access to the Services for any reason and at any time upon notice to You and payment to You of any unrestricted funds held in custody for You.
While Your funds are in Our custody, We will combine Your funds with the funds of other Emida customers and place those pooled funds into accounts with one or more banks (“Pooled Accounts”). These Pooled Accounts will be held in Emida’s name for the benefit of You and other Users. Balances in U.S. Dollars that are held in Pooled Accounts may be eligible for FDIC pass-through insurance. You agree that You will not receive interest or other earnings on the funds that Emida handles as Your agent and places in Pooled Accounts. In consideration for Your use of the Services, You irrevocably transfer and assign to Emida any ownership right that You may have in any interest that may accrue on funds held in Pooled Accounts (but not to the amount of any principal held therein). If Your account has a negative balance, Emida may set off the negative balance with any funds that You subsequently receive into Your account or take any other actions permitted under this Agreement. To secure Your performance of this Agreement, You grant to Emida a lien on and security interest in and to the funds held in Your account or in the possession of Emida.
In the event of abuse or upon the request of the User, accounts can be disabled or terminated. If a User is terminated and still has funds in their account, the customer support team should be able to send a SMS message to the phone number on record which will create a token for that User to go to the nearest cash out location and cash out as a registered User. Tokens should expire after 72 hours.
Account Suspension; Reserves
If Emida suspends Your Account for any reason, We will provide You with notice of Our actions. If We limit access to Your Account, including through a reserve or hold, We will provide You with notice of Our actions, the terms thereof and the opportunity to request restoration of access if, in Our sole discretion, We deem it appropriate. If Emida places a reserve on funds in Your Account, they will be shown as “pending.” Emida may establish or change the terms of such reserve or hold, which may include anything that Emida determines is necessary to protect against the risk associated with Your Account and may be changed by Emida at any time by providing You with notice of the new terms. “Reserve” means a percentage of the funds received into Your Account that We hold in order to protect against the risk of reversals, claims or any other liability related to Your Account and/or use of the Services.
You acknowledge that Emida’s decision to take certain actions, including limiting access to Your Account by placing holds or imposing Reserves, may be based on confidential criteria that are essential to Our management of risk and security. You agree that Emida is under no obligation to disclose the details of its risk management or its security procedures to You.
You may not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without Our prior written approval and any such attempted assignments shall be void. We reserve the right to freely assign this Agreement and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
This Agreement, along with any applicable policies on the Cat Wallet Website (www.catwallet.com), sets forth the entire understanding between You and Emida with respect to the Services. 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.
It is Our goal to provide outstanding Customer Service. To reach Our team for additional information on the Emida CAT Mobile Wallet product, please contact Us at: 800-741-7806or email Us at email@example.com.
THE SERVICES, INCLUDING ALL CONTACT, 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, EMIDA, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY “EMIDA PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, 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 ANY SENSITIVE INFORMATION THROUGH THE SERVICES. EACH EMIDA PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO TITLE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE EMIDA PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE EMIDA PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
THE EMIDA PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY 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 FINANCIAL INSTITUTION WITH WHICH YOUR FUNDS ARE DEPOSITED AS OF A PARTICULAR TIME ESTABLISHED BY SUCH FINANCIAL INSTITUTION 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 OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH US, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.
In the event a dispute shall arise between the parties to this [contract, lease, etc.], it is hereby agreed that the dispute shall be by arbitration in Orange County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.
Any purchase or transaction involving virtual currency or a virtual product is not eligible for a dispute or arbitration. This includes but is not limited to credits, downloads, PDFs, or mp3s.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
You should maintain copies of electronic communications by printing a paper copy for saving an electronic copy as applicable. Electronic communications shall be deemed received by You when they are posted or communicated to You through the Services, sent to the email address You provided at the time of registration or as revised by You thereafter in accordance with this Agreement, or when the electronic communication is posted on an Emida or Third Party Website, as applicable.
For those communications or records that Emida or a Third Party Provider are otherwise required under applicable law to provide in a written paper form to You, You agree that such communications or records may be provided by means of electronic communications. The following additional terms will apply to such electronic communications: (a) You may contact Emida or the Third Party provider to request a paper copy of such an electronic communication, and Emida or the Third Party provider as applicable, reserves the right to charge a fee to provide such paper copy; (b) You may contact Emida through the contact page to update Your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (c) We reserve the right to terminate Your use of Emida’s CAT Mobile Wallet and the associated Third Party Provider products and services if You decline or withdraw consent to receive electronic communications.
Additional restrictions may be placed on accounts subject to Emida Terms of Service. Personal wallet accounts used for the expressed purpose of sending payments to other personal wallet accounts must be funded by cash load through a verified agent location or through an ACH Transfer which is subject to compliance and regulatory standards, and are subject to a holding period for appropriate verification to ensure no fraudulent activity is detected and funds are available. Personal wallet may be loaded via ACH from a US Based banking institution but only after the Personal Account has been verified. By accepting a payment, You agree that You are responsible for the payment if it is reversed. If such reversal occurs on a payment made to Your account, We will reverse the payment and debit Your CAT Mobile Wallet balance to pay for the reversal. If there are insufficient funds in Your CAT Mobile Wallet balance, You agree to reimburse Emida through other means, as described in the Terms of Service.
- Holds – Emida, in its sole discretion, may place a hold on any or all of the payments You receive when Emida believes there may be a high level of risk associated with You, Your Account, or any or all of Your transactions. If a User files a Dispute, Claim, Chargeback or Reversal on a payment You received, Emida may place a temporary hold on the funds in Your Account to cover the amount of the liability. If You lose the dispute, Emida will remove the funds from Your Account.
- Returns – The receiving party of a transaction may be subject to charge backs occurring within the account if claims are made by the sending party or by the financial institution. When You receive a payment, You are liable to Emida for the full amount of the payment sent to You plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, You will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if You lose a Claim or a charge back, or if there is a Reversal of the payment. You agree to allow Emida to recover any amounts due to Emida by debiting Your Balance. If You do not have a Balance that is sufficient to cover Your liability, Your remaining Balance (if any) will be removed, Your Account will be suspended, and You will be required to immediately make arrangements to eliminate the negative Balance. If You do not do so, Emida may, debit Your attached financial institution account or engage in collection efforts to recover such amounts from You.
- All Payment Transactions processed through the Service are non-refundable to Buyer by Emida and are non-reversible by Buyer through the Service. If You are a buyer and You are unhappy with any goods or services that You have purchased using Our Services, You should contact the seller directly. If a dispute arises between You (as a buyer or seller) and another user, You release Us (and Our agents and employees) from any and all claims, demands, and damages (actual and consequential) in any way connected with the dispute and the transaction.
- We are not a selling agent in connection with any sale by You of goods and/or services to any person. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that You may purchase or sell using the Services. We do not issue refunds if a product or service turns out to not meet Your expectations, or if the seller does not fulfill its commitments. We have no obligation, and cannot guarantee that, We will resolve any disputes related to any transaction to Your satisfaction.
Fee Schedule and Use of Services
The CAT Mobile Wallet allows You to apply cash or valid funds to Your virtual mobile account and to use such funds to complete a variety of transactions. Your Services will vary depending on Your usage category deemed either a Lite or Full User.
A lite User is able to register with just their phone number. Once We have registered a lite User, they are not only able to do general account views, but can purchase from the gift mall1 (which includes topping up their phone or another individual’s phone both domestic and international), add funds via cash in, check their balance, see their history, donate to charities 1 and add up to $1,000 a day. A fully registered User is someone who has provided their phone number, name, email, physical address, birth date and Social Security Number. In addition to the lite User’s capabilities, the full User is able to do money transfers1, do a person to person wallet transfer, view local deals (as it requires a zip code) 1, add funds via credit card or ACH1, receive promotional alerts1, cash out and can add funds up to $3,000 to their account a day. Additionally, in phase two, these Users will be able to do domestic and international money transfer1 and use the tightly integrated stored value card1.
Current fee matrix under a Lite or Full User;
|ACTION||Lite User||Full User|
|Person to Person Transfer 2||Unavailable||$.25|
1Denotes features that will become available in later releases
2 Fees that are non refundable in the event of charge backs, voids, refunds
There will be a $2.95 service fee deduction every ninety (90) days which will automatically be waived if the user does at least one (1) valid transaction (Cash in Retail, Person to Person Transfer, TopUp/Purchase, Cash Out, Money Transfer, Cash in ACH, Cash in Credit Card ) within that period.
This Agreement will be governed by the laws of California, except for California’s choice of law rules, and applicable federal United States laws. This Agreement applies only to Customers located in the United States of America.
If You do not load value to Your Account within six (6) months of the date the account is registered, We may close the Account, and You will have to reapply if You want to use the account.
We may also close Your Account if You do not have any transactions in Your Account, other than fee deductions, for sixty (60) or more consecutive days. You will have to reapply if You want to use the Account. If a User is terminated and still has funds in their account, please contact the customer support team to make arrangements on withdrawing the funds.
You agree to indemnify, save, and hold Emida, the Emida Parties, and their contractors, employees, agents and third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Emida CAT Mobile Wallet, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Emida reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Emida, including rights to settle, and You agree to cooperate with Emida’s defense and settlement of these claims. Emida will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
“CatWallet.com”, “Emida”, “Cash and Transact™” and all logos related to the Services are either trademarks or registered trademarks of Emida or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Emida. You may not copy, imitate, or use them without Our prior written consent. You may not alter, modify or change Our logos in any way, use them in a manner that is disparaging to Emida or display them in any manner that implies Emida’s sponsorship or endorsement. All right, title and interest in and to the Emida Website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Emida and its licensors.
Limitation of Liability and Damages; Force Majeure
IN NO EVENT SHALL ANY EMIDA 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 EMIDA 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 EMIDA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE EMIDA PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES EMIDA HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID PAYMENT TRANSACTIONS DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Each party acknowledges that the other party has entered into this Agreement relying upon 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 Emida 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 or wireless disturbances.
Modification to this Agreement
Emida reserves the right to change, modify, add to or remove portions of this Agreement, (each, a “change”) at any time by posting notification to the Cat Wallet Website (www.catwallet.com) or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Emida CAT Mobile Wallet. For certain changes, Emida may be required to give You advance notice, and Emida will comply with such requirements.
No Multiple Accounts
You agree that You will maintain one and only one Account. You agree at no time during Your usage of the Emida CAT Mobile Wallet will You abuse or attempt to defraud Emida or any other User of the Emida CAT Mobile Wallet. Emida will under no circumstance grant multiple accounts to one User simultaneously. In the event a social security number is used that does not belong to You when using the Emida System, You agree to allow Emida to use all Your usage information and personal information in cooperation with state or federal law enforcement. Any misuse or misrepresentation of Our system (including, but not limited to, attempting to use multiple accounts) may result in prosecution and will be treated as fraudulent activity. You agree under no circumstance shall the CAT Mobile Wallet be used to transmit funds in association or for payment of illegal goods or services or money laundering. In the event Emida finds Your account is being used (or has at any time) for such activity, it will result in the suspension of Your account.
Emida may provide You notices and communications by email, regular mail or postings on the Cat Wallet Website (www.catwallet.com) or by any other reasonable means. Except as otherwise set forth herein, notice to Emida must be sent by first-class mail to: Emida Corporation, Attention: General Counsel, 27442 Portola Parkway, Suite 150, Foothill Ranch, CA 92610.
Passwords and Security
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that You use to access the Services. You are also responsible for keeping Your phone number, mailing address and email address up to date as required in connection with Your use of the Services.
02. Types of information collected
There are two types of information collected: Personally Identifiable Information and Non-Personally Identifiable Information.
Personally Identifiable Information
Personally Identifiable Information (“personal information”) is information that identifies You as an individual, such as Your name, mailing address, email address, age range, phone number, birth date, etc. Personal information is only obtained when You voluntarily provide the information to Us. The amount of information collected will also be dependent on the type of usage of Emida services. For Lite Users, only a valid phone number is required for registration. For Full Users, registration will require phone number, name, email, physical address, birthday and Social Security Number.
Once You choose to provide Us with personal information, You can be assured it will be used only to support Your relationship with Emida. We take seriously the trust You place in Us and will not sell, rent or lease Your personal information to others.
Non-Personally Identifiable Information
Non-Personally Identifiable Information (“non-personal information”) is information that does not identify You as an individual, such as Your browser type, IP Address, transactional information, etc. We may also collect non-personal information that You voluntarily provide, such as information included in response to a questionnaire or survey.
03. Why We collect Your information
Emida’s primary purpose in collecting personal information is to meet regulatory guidelines and compliance with applicable laws and regulations. Such information will also be used to provide You with services and features that better meet Your needs or requests. We only collect information that We consider necessary for achieving this purpose.
04. How We collect information
Emida collects data when You provide information to Us or through the use of Web technology (through the internet domain www.catwallet.com and it’s subsites) or through inherent applications on emerging devices in the marketplace, such as mobile phones.
05. How long do We retain Your information
Keeping in line with the requirements of regulated financial institutions, detailed records are retained for five to seven years. This facilitates investigations in which law enforcement is attempting to reconstruct a pattern, or a history of transaction activity, that substantiates criminal behavior involving the Services. These records generally relate to Your use of the Services to complete transactions, including but not limited to (1) type of transaction, (2) amount and location of transaction, (3) date and time of transaction, and (4) any other unique identifiers related to transactions.
06. Whom We share information with
We take seriously the trust You place in Us and will not sell, rent or lease Your information to others.
The Emida Parties contract with other companies and individuals (“agents”) to perform services on behalf of Emida, sending emails, providing marketing assistance, Website management and analyzing data. Such agents will have access to personal and non-personal information only as necessary to perform their services for Us and are not permitted to use it for any other purpose.
Emida may also work with other companies (“partners”) to provide co-branded services or promotions. To provide a co-branded service to You, it may be necessary for Us to share Your personal information with Our partners. The partner will only be able to use the information as necessary to perform the requested service or in aggregate form for statistical reporting.
Disclosure of personal information for legal purposes and protection of Emida Inc. and others: Emida reserves the right to share Your personal information with third parties if We believe such action is necessary in order to: (a) conform with applicable laws and regulations or to comply with legal process served upon Us; (b) protect or defend Our legal rights or property, or (c) investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of the terms and conditions of using the Emida CAT Mobile Wallet.
07. Keeping Your information secure
The security of Your personal information is very important to Us, and We are committed to protecting the information that We collect. We have security measures in place at Our facilities to protect against the loss, misuse or alteration of information that We have collected from You at Our Website or through Our mobile application.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100 percent secure. As a result, while We strive to protect Your personal information, We cannot ensure or warrant the security of any information You transmit to Us or from Our online products or Services, and You do so at Your own risk.
08. Acceptance of policy
We promise to act on behalf of You to the banking institution chosen by Us. You agree You are responsible for the accuracy and validity of all information provided to Emida. Emida will not be responsible for incorrect information provided by You to such banking institution chosen by Emida. You agree to release Us of all liability acting that may arise from or relate to any actions taken by Emida on Your behalf. You agree You will be responsible for any faulty information and fines associated with that information or activity with the bank. Fraudulent activity of this type may result in prosecution not only from Emida but also from the banking institution processing the funds.
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 the reporting and payment of any taxes arising in connection with the Services.
Returns and Refunds
When You receive a payment, You are liable to Emida for the full amount of the payment sent to You plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, You will be responsible for the amount of the payment sent by the sender plus applicable fees if You lose a claim or if there is a reversal of the payment. You agree to allow Emida to recover any amounts due to Emida by debiting Your Account. If You do not have a balance in Your Account that is sufficient to cover Your liability, Your remaining balance (if any) will be removed, Your Account will be suspended, and You will be required to immediately make arrangements to eliminate the negative balance. If You do not do so, You authorize Us to debit any attached financial institution account You maintain or to engage in collection efforts to recover such amounts from You.
Emida helps You make payments to and accept payments from third parties. Emida is an independent contractor for all purposes, except that Emida acts as Your agent with respect to the custody of Your funds. Emida does not have control of, or liability for, the products or services that are paid for through the Services.
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 this Agreement or other policies We may establish from time to time.
Upon termination of Your use of the Services, You remain liable for any obligations You have incurred. Upon termination, We have the right to prohibit Your access to the Service, including without limitation by deactivating Your Username and Password, and to refuse future access to the Services by You or, if a business entity, Your parent, affiliates or subsidiaries or its of their successors.
Term of Service
This Agreement will commence on the date You accept the terms of this Agreement and will remain in effect until terminated by You or Us.
Text Messaging and Data
By providing Us with Your mobile telephone number, You consent to receive text messages, emails and other communications from Us about Your use of the Services, and You will be solely responsible for any and all text-messaging or data-use charges related to such communications.
Third Party Sites, Products and Services
Emida may have arranged for Third Party Providers to provide products or services to You through the Emida CAT Mobile Wallet. 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 this Agreement, You hereby agree to any Third Party Provider terms that apply to Your use of such products through the Mobile Wallet or Our Website (www.catwallet.com), 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 Emida.
Each party represents and warrants that (a) if an individual, such party is over the age of eighteen (18); (b) such party has full power and authority to enter into and perform this Agreement; and (c) the execution and performance of this Agreement does not violate, conflict with, or result in a material default under any other contract or agreement to which such party is a party or by which it is bound.