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Square Pay Terms of Service

The following Square Pay Terms of Service (“Terms”) govern your use of the Square Pay service (“Square Pay” or “Service”), which allows you to conveniently save your payment and shipping information with us to be used at any site powered by Square Online Store (“Square-Powered Site”) for future checkouts. You should read these terms carefully.

These Terms are a legal agreement between you (“you”, “your”) and Square, Inc. and its affiliates (“Square”, “we”, “our”, or us). By using Square Pay, you agree to these Terms. We may change, update or amend these Terms from time to time to reflect certain service updates or other changes, in which case we will notify you. After such notification, by continuing to use Square Pay, you agree to the updated and amended version of these Terms as posted on this page.

How Square Pay Works

Opt-in to Square Pay

As you complete your order on a Square-Powered Site, you will have the option to save your shipping address and payment method for a faster checkout experience on your next order. If you opt-in to save your information via Square Pay, Square will collect and store certain information required to authenticate and process your current and future online transactions on Square-Powered Sites. This information may include your (i) personal information, such as your full name, mobile phone number, and email address; (ii) payment information, such as your payment card information and billing address; and (iii) shipping address and preferred shipping method (collectively, your “Saved Information”). Once you complete your order, Square will send a confirmation to your email with additional information on how you can modify or delete your Saved Information. All of your Saved Information will be collected and stored in accordance with the Square Pay Privacy Notice.

Using your Saved Information in Future Transactions

After we’ve successfully collected and stored your Saved Information, you can conveniently access your Saved Information on any Square-Powered Site. On the secure checkout page, you will be prompted to enter your email address associated with your Saved Information. If your email address is recognized, you will be prompted to “send a code” via SMS text message to the mobile phone number associated with your Saved Information (the “Verification Code’). After successfully verifying your identity by entering the Verification Code on the checkout page, your Saved Information will be securely recalled to complete your order.

Note that you will receive the Verification Code on your mobile phone via SMS text message. Standard message and data rates applied by your wireless carrier may apply to the text messages we send you. Please check with your wireless carrier for additional information.

Modifying your Saved Information or Opting Out of Square Pay

After successfully verifying your identity by entering the Verification Code, you can modify your payment card information by selecting “Use a different card” on the checkout page. To modify any other Saved Information, select “Edit” in the appropriate section of the checkout page.

To opt out of Square Pay, click the “Opt Out of Square Pay” link at the bottom of the checkout page. You may also opt out of Square Pay anytime by clicking here.

Your Responsibilities when Using Square Pay

Square Pay is designed to collect and store your Saved Information to help you checkout faster. Square is only responsible for collecting, storing and recalling your Saved Information. Your use of Square Pay does not, and it is not intended to, change your relationship with your credit card issuer, bank or the merchant with whom you’re transacting.

Termination of your use of Square Pay

These terms will continue in full force and effect until terminated by you or us. We reserve the right to discontinue your use of Square Pay if we believe that you are not in compliance with these Terms. We also reserve the right to discontinue or modify Square Pay for any reason, without notice to you.

If we decide to terminate your access to Square Pay, we will remove your Saved Information in accordance with our Square Pay Privacy Notice.

Representations and Warranties.

You represent and warrant to us that: (a) you are at least eighteen (18) years of age or the age of majority in your respective jurisdiction; (b) any information you provide in connection with Square Pay is accurate and true; (c) you will not use Square Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service or any other services we may offer; and (d) your use of Square Pay will be in compliance with these Terms.

No Warranties

THE SERVICES PROVIDED THROUGH SQUARE PAY ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, SQUARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SQUARE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES PROVIDED THROUGH SQUARE PAY ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES PROVIDED THROUGH SQUARE PAY WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES PROVIDED THROUGH SQUARE PAY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES PROVIDED THROUGH SQUARE PAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SQUARE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, SQUARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. UNDER NO CIRCUMSTANCES WILL SQUARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SQUARE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Disputes and Binding Individual Arbitration

“Disputes” means any claim, controversy, or dispute between you and Square, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.

If you reside in any jurisdiction outside of the European Economic Area (“EEA”) the following arbitration terms apply:

You and Square agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SQUARE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. Square will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Square also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.

If you reside in the EEA, the following arbitration terms shall apply:

Any Dispute between you and Square, arising out of or in connection with these Terms, including in respect of their interpretation, subject-matter or termination, will be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (“LCIA”), which rules are deemed to be incorporated by reference into these General Terms. The number of arbitrators will be one, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of arbitration will be London, England. The language to be used in the arbitration proceedings will be English. Any reference under this Section 18 will be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The arbitrator’s decision will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Square Party will pay all the arbitration fees due to LCIA for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, the Square Party will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and any Square also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Services. If any provision of these arbitration terms is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment

These Terms, and any rights granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

Governing Law

These Terms and and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.

If you reside in the EEA, these Terms and any Dispute will be governed by the law of England and Wales, without regard to choice of law or conflicts of law principles.

Other Terms

These Terms, and any applicable additional terms or notices, are a complete statement of the agreement between you and Square regarding the Services. In the event of a conflict between these Terms and any other Square agreement or policy, these Terms will prevail and control the subject matter of such conflict. If any provision of these Terms is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.