Last updated: June 29, 2020
By using The Harvest Collective LLC d/b/a ShinePay’s platform, (“ShinePay,” “we,” “our,” or “us”) to manage payments collected for the use of your operated washing machines and clothes dryers (the “Services”), you agree to be bound by the these terms and conditions (the “Terms”) and all other terms, policies and guidelines applicable to the Services (as defined in the Terms) used. If you are using the Services on behalf of a business, that business accepts these terms. The Services may only be used for business purposes according to all applicable laws, rules, and regulations of the fifty states of the United States of America and the District of Columbia.
1. Our Role
ShinePay is a digital platform for allowing people to prepurchase laundry machine and dryer usage (the “Users”) and then apply those funds to activate your machines and have their clothes laundered. . We are not a bank and do not offer banking services as defined by the United States Department of Treasury. Our Services allow you to accept payments digitally and without the use of coins from Users who have the ShinePay mobile application installed on their cellular telephones and have prepurchased funds for this purpose and currently have sufficient funds in their associated account. Users will be responsible for maintaining their accounts through the mobile application and for keeping a sufficient balance for their desired services in it. They will not be able to use your washing machines and clothes dryers without sufficient prepurchased funds in their account.
In order to serve in this role, we use various third party services including those provided by Stripe, Inc. to process payments made by users to prepurchase laundering services. For more information on Stripe, Inc.’s operations, please visit their website at stripe.com and view their Terms of Service at https://stripe.com/us/legal. ShinePay does not control Stripe, Inc., nor does it take any responsibility or have any liability for any of Stripe, Inc.’s policies, procedures, decisions, or products. Please review Stripe, Inc.’s policies in order to stay abreast of their platform, its uses, limitations, and requirements.
2. Your Authorization
In connection with the Services, you authorize us to act as your agent for the limited purposes of holding, receiving, and disbursing funds to you on your behalf. Your authorization permits us to hold proceeds of operations of your washing machine and dryers purchased by Users using the Users’ prepurchased usage funds, less any applicable Fees (as defined in Section 3) and then deliver them to you in either physical or electronic payment as they are available (the “Proceeds”). Your authorizations will remain in full force and effect until your ShinePay account is closed or terminated. Our transfer of User funds to your ShinePay account satisfies the User’s obligations to make payment to you for the washing machine and/or clothes dryer usage. We will remit to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback (as defined in Section 12) withheld or applied. This authorization also permits us to debit any of your linked bank accounts at any time for the purposes specified in these Terms
3. Our Fees
You agree that for each usage of one of your washing machines or clothes dryers, we will take 3.90% of the posted usage per-use cost (“Fees”) for use of the Services. Our Fees are charged at the time Users apply their prepurchased usage funds to your washing machines and clothes dryers and before the funds are transferred to your ShinePay Account Balance (as defined in Section 10). Subject to these Terms, we reserve the right to change our Fees upon thirty (30) days’ advance notice. You must agree to the change in Fees to continue to use the Services. All Balances and all Fees, charges, and payments collected or paid through the Payment Services are denominated in US dollars.
4. Payment Errors
We will attempt to fix any and all payment errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your ShinePay Account Balance for the difference. If the error results in your receipt of more funds than you were entitled, ShinePay will debit the extra funds from your ShinePay Account Balance, your linked bank account if available, or we will request a return of the funds as a condition of further usage of the Services. We will attempt to correct transactions that if you notify us of an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you or amounts you may be owed but failed to receive.
5. ShinePay Account Registration for Services
You must open a ShinePay Account to access our Services and obtain any Proceeds owed to you. You confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate and that you are an authorized signatory for the business you represent.
Use of Your ShinePay Account for Services
6. Access to Proceeds
We will settle Proceeds to your verified bank account, subject to the payout schedule described in Section 7. You must link an ACH-enabled bank account to your ShinePay Account in order to receive your Proceeds. From time to time, we may additional functionality with respect to settling of Proceeds and will provide you notice of any new options for settling Proceeds.
7. Payout Schedule
From time to time, we may add additional functionality with respect to settling of Proceeds and will provide you notice of any new options for settling Proceeds, including through ACH payment or similar transaction. We will provide you additional options for payout scheduling once we have implemented them.
8. Availability of Proceeds
We may defer payout or restrict access to your Proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the Services. We also may defer payout or restrict access to your Proceeds as necessary to comply with applicable law or court order, or if requested by any governmental entity.
9. ShinePay Account History
When funds are transferred to your ShinePay Account, we will update your ShinePay Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your ShinePay Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your ShinePay Account and your use of the Services, and (b) reconciling all transactional information that is associated with your ShinePay Account. If you believe that there is an error or unauthorized transaction activity is associated with your ShinePay Account, you must contact us immediately.
10. ShinePay Account Balances
While you have funds in your ShinePay Account (your “Balance”), your Balance will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account. We will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account.
11. Dormant ShinePay Accounts
If you do not process payments through your ShinePay Account for an extended period of time, you may have a Balance that is deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, ShinePay will provide you with notice as required by applicable law and instructions for how to obtain your Balance. If funds still remain in your ShinePay Account, ShinePay will escheat such funds as required by applicable law or, as permitted, to ShinePay.
12. Your Liability for Chargebacks
There may be times when your customer may contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to your ShinePay Accounts (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by our processor or a customer or its financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of these terms. You agree to comply with the Chargeback process and to the liability associated with such Chargebacks.
13. Our Collection Rights for Chargebacks
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a separate account. We may recoup the amount of any Chargeback and any associated Fees, fines, or penalties assessed by any of our vendors or our processors from your ShinePay Accounts, any proceeds due to you, or any bank account or other payment instrument linked to any of your ShinePay Accounts. If you have pending Chargebacks, we may delay payouts from your ShinePay Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time that: (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
14. PCI Compliance
ShinePay does not store, process, or transmit payment cardholder data. All payment card information is handled, stored, process, or transmitted by Stripe, Inc., pursuant to their terms of service, located at https://stripe.com/us/legal. If you have any questions with respect to the storage, processing, or transmitting of payment cardholder data, please contact Stripe, Inc. through their website.
Your Additional Obligations
15. Customer Service
You are solely responsible for all customer service policies and issues relating to your washing machines and dryers or other devices you use with our Platform. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any ShinePay Account, ShinePay device, Service provided on the ShinePay platform, or payment made to or from ShinePay.
16. Washing Machine and Clothes Dryer Minimum Service Quality
All washing machines and clothes dryers and any other machine or device connected to the Service and offered by to Users must be kept operational and functioning to an appropriate level at all times that Users are using them by you. You agree, by using the Services, to maintain the machines to a reasonable degree such that Users may operate them. Failure to do so may result in ShinePay limiting your access or ultimately terminating your access to the Service, as well as making you liable for all Chargebacks and refunds that result from Users’ inability to properly operate your machines. As we do not have any direct access to or control of the machines attached to the Services, we depend on you to maintain all machines and we shall not be liable in any way for any loss or damage resulting from a User’s use of any machines and you shall indemnify and hold harmless ShinePay from any claims whatsoever which result from a User’s use of a machine through the Services. ShinePay also reserves the right to investigate any reports or claims from Users that machines associated with the Services do not meet these minimal operational standards, and reserve its right to revoke access to the Services until those machines are brought up to a reasonable standard of operation.
17. Refunds and Returns
By your use of the Services, you agree to provide refunds and adjustments for your laundry services through your ShinePay Account in accordance with these Terms when properly requested. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original service payment data.. If your refund policy is unsatisfactory to the customer, you may still receive a Chargeback relating to such sales. If your available ShinePay Balance is insufficient to cover the refund, ShinePay will withdraw up to the requested refund amount (the service amount minus the initial transaction fee) from any connected ShinePay Account and credit it back into your User’s account. The Fees are also refunded by ShinePay, so the full service amount is always returned to your User. ShinePay has no obligation to accept any returns of any of your services on your behalf.
18. Additional Indemnity
In addition to Section 17 of the Terms, you will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through the Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).
Termination of Payment Services
19. Termination of Payment Services
ShinePay may Terminate your use of the Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination, Chargebacks, and any other amounts owed to us as provided in these Payment Terms or the Terms of Service. If your access to Services has been terminated, you may still be permitted to use ShinePay’s other products, subject to our discretion.
20. Services Upon Closure of Your ShinePay Account
Closure of your ShinePay Account will cancel any pending transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out according to the above Terms, subject to the other conditions in these Terms. If an investigation is pending at the time you close your ShinePay Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.
The following sections will survive termination of these Terms: 4 (Payment Errors), 6 (Access to Proceeds), 7 (Payout Schedule), 8 (Availability of Proceeds), 9 (ShinePay Account History), 10 (ShinePay Account Balances), 11 (Dormant ShinePay Accounts), 12 (Your Liability for Chargebacks), 13 (Our Collection Rights for Chargebacks), and 15 (Customer Service).
22. Entire Agreement. These Terms, including and together with any related exhibits, constitutes the sole and entire agreement between ShinePay and you with respect to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, both written and oral, regarding such subject matter.
23. Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
24. Waiver. No waiver of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by ShinePay.
25. No Third-Party Beneficiaries. Nothing in these Terms confers on any person besides you and ShinePay any legal or equitable right of any nature whatsoever.
26. Choice of Law. These Terms and all matters arising out of or relating to these Terms, are governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws provisions thereof.
27. Force Majeure. Any delay or failure of ShinePay to perform its obligations under these Terms will be excused to the extent that the delay or failure was caused directly by an event beyond ShinePay’s control, without ShinePay’s fault or negligence and that by its nature could not have been foreseen by ShinePay or, if it could have been foreseen, was unavoidable (which events may include natural disasters, epidemics, pandemics, embargoes, explosions, riots, wars, acts of terrorism, strikes, labor stoppages or slowdowns or other industrial disturbances, and shortage of adequate power or transportation facilities).
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