Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.
Last Updated: February 12, 2020
These Payments Terms constitute a legally binding agreement (“Agreement”) between you and Zocial Earn Payment (as defined below) governing the Payment Services (defined below) conducted through or in connection with the Zocial Earn Platform.
When these Payments Terms mention “Zocial Earn Payment,” “we,” “us,” or “our,” it refers to the Zocial Earn Payment company you are contracting with for Payment Services, which is Sotopia Limited.
The Zocial Earn Terms of Service (“Zocial Earn Terms”) separately govern your use of the Zocial Earn Platform. All capitalized terms have the meaning set forth in the Zocial Earn Terms unless otherwise defined in these Payments Terms.
In certain situations, customers may be required to enter into unique payment processing agreements with Zocial Earn Payment. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.
1. Scope and Use of the Payment Services
1.1 Zocial Earn Payment provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Zocial Earn Platform (“Payment Services”).
1.2 Zocial Earn Payment may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Zocial Earn Payment is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Zocial Earn Payment of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws.
1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Key Definitions
“Payout” means a payment initiated by Zocial Earn Payment to a Member for rewards (such as Referral Fees) earned in connection with the Zocial Earn Platform.
“Payment Method” means a financial instrument that you have added to your Zocial Earn Account, such as a credit card, debit card, or Stripe account.
“Payout Method” means a financial instrument that you have added to your Zocial Earn Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
3. Eligibility, Member Verification
3.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
3.2 Zocial Earn Payment may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
3.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Zocial Earn Payment to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Zocial Earn Payment reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
4. Account Registration
In order to use the Payment Services, you must have an Zocial Earn Account in good standing. If you or Zocial Earn closes your Zocial Earn Account for any reason, you will no longer be able to use the Payment Services.
5. Payment Methods and Payout Methods
5.1 When you add a Payment Method or Payout Method to your Zocial Earn Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Zocial Earn Payment or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:
Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.
5.2 When you add or use a new Payment Method, Zocial Earn Payment may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
5.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Zocial Earn Payment is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
5.4 You authorize Zocial Earn Payment to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Zocial Earn Account.
5.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Zocial Earn Payment is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
6. Financial Terms for Customer Users
Generally speaking, Zocial Earn Payment will collect Services Fees from a Business User at the time the Customer User’s Offer Redemption or Online Cashback Request is verified and accepted by the Business User, which constitutes Customer User’s Referrer Provision Fee and Referral Fees.
6.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Zocial Earn Account. Zocial Earn Payment will generally initiate Payouts to your selected Payout Method only upon your request.
6.2.2 The time it takes to receive Payouts once released by Zocial Earn Payment may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Zocial Earn Payment may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
6.2.3 Zocial Earn Payment will remit your Payouts in the domestic currency of the region that your Zocial Earn Account is registered in. Amounts may be rounded up or down as described in the Zocial Earn Terms.
7. Financial Terms for Business Users
7.1 You authorize Zocial Earn Payment to charge your Payment Method the Service Fees for any redemption requested in connection with your Zocial Earn Account. Zocial Earn Payment will collect the Service Fees in the manner agreed between you and Zocial Earn Payment via the Zocial Earn Platform. Zocial Earn Payment will generally collect the Service Fees from you after you accept a Customer User’s Online Redemption or Online Cashback Verification request and when the aggregate Service Fees have been accrued to reach a minimum billing amount. Zocial Earn Payment may offer alternative options for the timing and manner of payment.
7.2 Before you submit a Campaign, Zocial Earn Payment may obtain a pre-authorization via your Payment Method for the Service Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
7.3 You authorize Zocial Earn Payment to perform the Payment Method verifications described in Sections 5 and 7, and to charge your Payment Method for any Offer Redemption or Online Cashback Request made in connection with your Zocial Earn Account. You hereby authorize Zocial Earn Payments to collect any amounts due, by charging the Payment Method provided, either directly by Zocial Earn Payment or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Zocial Earn Platform.
8. Appointment of Zocial Earn Payment as Limited Payment Collection Agent
8.1 Each Member collecting payment for service rewards earned via the Zocial Earn Platform (such as Referral Fees, Referrer Provision Fees, or Online Cashback) (“Earning Member”) hereby appoints Zocial Earn Payment as the Earning Member’s payment collection agent solely for the limited purpose of accepting funds from Members requesting such services (“Requesting Members”).
8.2 Each Earning Member agrees that payment made by an Requesting Member through Zocial Earn Payments, shall be considered the same as a payment made directly to the Earning Member, and the Earning Member will provide the requested services to the Requesting Member in the agreed-upon manner as if the Earning Member has received the payment directly from the Requesting Member. Each Earning Member understands that Zocial Earn Payment’s obligation to pay the Earning Member is subject to and conditional upon successful receipt of the associated payments from Requesting Members. Zocial Earn Payments guarantees payments to Earning Members only for such amounts that have been successfully received by Zocial Earn Payment from Requesting Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Earning Member, Zocial Earn Payments assumes no liability for any acts or omissions of the Earning Member.
8.3 Each Requesting Member acknowledges and agrees that Zocial Earn Payments act as the Earning Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Earning Member. Upon your payment of the funds to Zocial Earn Payment, your payment obligation to the Earning Member for the agreed upon amount is extinguished, and Zocial Earn Payment is responsible for remitting the funds to the Earning Member in the manner described in these Payments Terms, which constitute Zocial Earn Payments’ agreement with the Requesting Member. In the event that Zocial Earn Payment does not remit any such amounts, the Earning Member will have recourse only against Zocial Earn Payments and not the Requesting Member directly.
9. General Financial Terms
Zocial Earn Payment may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Zocial Earn Platform.
9.2 Payment Authorizations
You authorize Zocial Earn Payment to collect from you amounts due pursuant to these Payment Terms or the Zocial Earn Terms. Specifically, you authorize Zocial Earn Payments to collect from you:
Any amount due to Zocial Earn (e.g., as a result of Offer Redemption, Online Cashback Request, or other actions as a Business User, Customer User, or user of the Zocial Earn Platform), including reimbursement for costs prepaid by Zocial Earn on your behalf, by charging any Payment Method on file in your Zocial Earn Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Zocial Earn Payment will setoff the amount owed by you to Zocial Earn and extinguish your obligation to Zocial Earn.
Any amount due to a Earning Member from a Requesting Member which Zocial Earn collects as the Earning Member’s payment collection agent as further set out in Section 8 above.
Taxes, where applicable and as set out in the Zocial Earn Terms.
Any Service Fees imposed pursuant to the Zocial Earn Terms. Zocial Earn Payments will be entitled to recover the amount of any such fees from you.
Fees, costs and/or expenses associated with a Penalty Claim as set out in the Zocial Earn Terms. If Zocial Earn Payment is unable to collect from your Payment Method, you agree that Zocial Earn Payments may charge any other Payment Method on file in your Zocial Earn Account at the time of the Penalty Claim (unless you have previously removed the authorization to charge such Payment Method(s)). Zocial Earn Payment also reserves the right to otherwise collect payment from you and pursue any remedies available to Zocial Earn Payment in this regard in situations in which you are responsible for a Penalty Claim pursuant to the Zocial Earn Terms.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
Zocial Earn Payment will process refunds after Zocial Earn’s verification and the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
9.4 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Zocial Earn Payment or a third party such as your financial institution.
9.5.1 If Zocial Earn Payment is unable to collect any amounts you owe under these Payments Terms, Zocial Earn Payments may engage in collection efforts to recover such amounts from you.
9.5.2 Zocial Earn Payment will deem any owed amounts overdue when for authorized charges, fourteen (14) days have elapsed after Zocial Earn Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later.
9.5.3 Zocial Earn Payment will deem any overdue amounts not collected to be in default when one hundred and eighty (180) days have elapsed for authorized charges, after Zocial Earn Payment first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later.
9.5.4 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Zocial Earn and/or Zocial Earn Payment by you. Such communication may be made by Zocial Earn, Zocial Earn Payment, or by anyone on their behalf, including but not limited to a third-party collection agent.
10. Currency Conversion
Zocial Earn Payment will process each transaction in the currency of the region that Member’s Zocial Earn Account has registered with. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s country of residence. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Zocial Earn Payments is not responsible for any such fees and disclaims all liability in this regard.
11. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Zocial Earn Terms, Policies, or Standards;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
register or use any Payment Method or Payout Method with your Zocial Earn Account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Zocial Earn Payment or any of Zocial Payment providers or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12. Intellectual Property Ownership, Rights Notices
12.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Zocial Earn, Zocial Earn Payment and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Zocial Earn or Zocial Earn Payment used on or in connection with the Payment Services are trademarks or registered trademarks of Zocial Earn or Zocial Earn Payment in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
12.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Zocial Earn, Zocial Earn Payment, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
13.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
13.2 Notwithstanding Zocial Earn Payment’s appointment as the limited payment collection agent of Earning Members for the purposes of accepting payments from Requesting Members through the Zocial Earn Platform, Zocial Earn Payment explicitly disclaims all liability for any act or omission of any Member or other third party. Zocial Earn Payment does not have any duties or obligations as agent for each Earning Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
13.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
13.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Zocial Earn Account in any way, you are responsible for the actions taken by that person. Neither Zocial Earn Payment nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Zocial Earn Payment has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, you agree to release, defend (at Zocial Earn Payment’s option), indemnify, and hold Zocial Earn Payment and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Zocial Earn Payment’s Collection; or (iv) your breach of any laws, regulations, or third-party rights.
16. Termination, Suspension, and other Measures
16.1 This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section 16.
16.2 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Zocial Earn Terms. Terminating this Agreement will also serve as notice to cancel your Zocial Earn Account pursuant to the Zocial Earn Terms.
16.3 Without limiting our rights specified below, Zocial Earn Payment may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
16.4 Zocial Earn Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Zocial Earn Payment believes in good faith that such action is reasonably necessary to protect other Members, Zocial Earn, Zocial Earn Payment, or third parties (for example in the case of fraudulent behavior of a Member).
16.5 In addition, Zocial Earn Payment may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Zocial Earn Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) Zocial Earn Payment believes in good faith that such action is reasonably necessary to protect the personal safety or property of Zocial Earn, its Members, Zocial Earn Payments, or third parties, or to prevent fraud or other illegal activity.
16.6 In case of non-material breaches and where appropriate, you will be given notice of any measure by Zocial Earn Payment and an opportunity to resolve the issue to Zocial Earn Payments' reasonable satisfaction.
16.7 If Zocial Earn Payment takes any of the measures described in this Section you may appeal such a decision by contacting customer service.
16.8 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Zocial Earn Account or attempt to access and use the Payment Services through other an Zocial Earn Account of another Member.
17. General Provisions
17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Zocial Earn Payment and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Zocial Earn Payments and you regarding the Payment Services.
17.2 No joint venture, partnership, employment, or agency relationship exists between you or Zocial Earn Payment as a result of this Agreement or your use of the Payment Services.
17.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.4 Zocial Earn Payment’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
17.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Zocial Earn Payment’s prior written consent. Zocial Earn Payment may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.
17.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
17.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Zocial Earn Payment via email or Zocial Earn Platform notification.
18. Additional Clauses for Users that are Businesses.
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payment Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
18.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
18.2 You and your Representative individually affirm that you are authorized to provide the information described in section 5 above and your Representative has the authority to bind you to these Payment Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
18.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement.
18.5 For any Payout Method linked to your Zocial Earn Account, you authorize Zocial Earn Payment to store the Payment Method and take any other action as permitted in the Payment Terms in respect of the Payment Method.
18.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.
19. Contacting Zocial Earn Payment
You may contact Zocial Earn Payment regarding the Payment Services using the information below:
20/F, Tower 535, 535 Jaffe Road, Casueway Bay, Hong Kong