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Terms of Use

Effective March 1, 2021

Welcome to Billancho!

These Terms of Use constitute an agreement between you and Billancho, LLC. (“Billancho” or “we”) and govern your access to and use of any Billancho platforms (Web and Mobile App) called “The Platform” or content, or products and/or services made available through Billancho (collectively, the “The Platform”).

Please read these Terms carefully. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH BILLANCHO ON AN INDIVIDUAL BASIS.

  1. Terms of Use.
  2. a) Acceptance of Terms.By accessing and/or using the Platform, you accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.
  3. b) Amendment of Terms.Billancho may amend the Terms at any time. All amendments will be effective upon posting of such updated Terms to the Platform. Your continued access to or use of the Platform constitutes your consent to be bound by the Terms, as amended.
  4. c) Additional Terms.In addition to these Terms, when using particular offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time.
  5. Billancho Service

We agree to provide you with the Billancho Service. The Service includes all the products, features, applications, services, technologies, and software that we provide. The Service includes the following aspects:

  • Service DescriptionThe Billancho Services are offered as a platform to allow an individual (the “Bill Owner”) to post a Bill (“Bill”) to the Billancho Platform to accept monetary help (“Bill Payments”) from donors (“Donors”)

 

  • Payment Processor:Billancho is not a payment processor. Instead, Billancho uses third-party payment processing partners to process Bill Payments for a Bill (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.

 

  • Payment Processor Fees:Although there are no fees to post a Bill, industry-standard payment processor fees apply (hereinafter and on the platform referred to as “Payment Processor Fees”).

 

  • We are not a Broker, Financial Institution, Creditor or Charity: . Billancho establishes a platform for Bill Owners to post a bill and allows Donors to make bill payment to these Bill Owners. Billancho is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.

 

All information and content provided by Billancho relating to the Services is for informational purposes only, and Billancho does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding bill posting or bill payment or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate.

 

Billancho has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Bill Posting will obtain a certain amount of Bill Payments or any payments at all. We do not endorse any Bill Posting or User, or we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Bill Posting.

 

  • No Solicitation:The Billancho Platform is offered to help Bill Owners to get their bills paid. Billancho merely provides the technology to allow Bill Owners to connect with Donors. The existence of the Services is not a solicitation of payments by Billancho, and Billancho does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization.

 

  1. Donors:All payments are at your own risk. We do not and cannot verify the information that Bill Owners provide. We will check and verify information provided by the bill owner matches the information on the bill image posted by the bill owner. We will use your payment towards to make either partial or full payment towards the bill posted and make the payment directly to bill company.
  1. Billancho makes no representation as to whether all or any portion of your payments, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. Billancho will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Payments by you, any User or any Charity. You should consult your tax advisor as to the amount of your Payments that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Payment in any relevant jurisdiction.

 

  • Bill Owner:You, as a Bill Owner, represent, warrant, and covenant that (i) all information you provide in connection with a Bill is accurate, complete, and not likely to deceive reasonable Users; (ii) all Payments contributed to your Bill Posting will be sent to the Bill Company to pay the bills (iii) you will not be able to withdraw any payments   (iv) you will not infringe the rights of others; (v) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures; and (vi) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Billancho reserves the right to, provide information relating to your Bill Posting to Donors, or law enforcement, and to assist in any investigation thereof.
  • Registration Obligations: You may be required to register with Billancho in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Bill Owners must register using their true identities, including their name, address and any image or video purporting to depict the Bill Owner of such Bill Posting. You agree to keep registration information current and up to date.
  • Registration data and certain other information about you are governed by these Terms of Service and our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom Billancho has entered into contracts, in order to be able to benefit from their services. If Billancho or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Bill Posting is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

 

  • Research, innovation, and Development.
    We use the information we collect to study our Service and collaborate with others on research to provide you better Service being innovative.
  1. Termination or Modification by Billancho.

Termination or Modification. You understand and agree that there is no tolerance for objectionable content and that at any time and without prior notice Billancho may

  • Remove any content or information you share on the Platform if we believe that it violates these Terms of Use. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately.
  • Terminate, cancel, deactivate and/or suspend your account, any bills posted, or your access to or use of the Platform (or any portion thereof, including your access to any or all Partners or services). If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact our Support Team.
  • Discontinue, modify or alter any aspect, feature or policy of the Platform or your membership.
  • Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Platform. You agree that Billancho will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your membership.
  • Act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content

Infringing or Fraudulent Activity. Billancho does not permit copyright infringing activities and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Billancho may have at law or in equity.

  1. Eligibility & Registration Information
  2. a) Eligibility Criteria. The availability of all or part of our Platform may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Billancho or may terminate your membership at any time based on these criteria.

THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE PLATFORM IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE PLATFORM BY BILLANCHO. BY USING THE PLATFORM, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, AT LEAST 13 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PLATFORM.

  1. b) Account Information.You agree that the information you provide to Billancho at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
  2. Privacy.

The Billancho Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Billancho’ collection, use, and disclosure of your personal information. When you post a bill, the other users will have access to certain information about you, such as your name or nickname, and bill information, so it can provide services to you. Please see the Privacy Policy for more information.

  1. Prohibited Conduct and Uses

You agree not to:

  • Harass, threaten, disrupt or defraud users, members or staff of Billancho or Partners or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
  • Impersonate another person or access another user’s account;
  • Share Billancho-issued passwords with any third party or encourage any other user to do so;
  • Permit anyone to use any services like bill posting under your own account, including other members;
  • Misrepresent the source, identity, or content of information transmitted via the Platform, including deleting the copyright or other proprietary rights;
  • Upload material (e.g. virus) that is damaging to computer systems or data of Billancho or users of the Platform;
  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
  • Upload or send to Platform users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
  • You can’t impersonate others or provide inaccurate information. You may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their permission. You must provide us with accurate and up to date information
  • You can’t violate (or help or encourage others to violate) these Terms or our policies.
  • You can’t do anything to interfere with or impair the intended operation of the Service.
  • You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
  • You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.

You agree to use the platform for any purpose that is not align with any activities above and that is unlawful or prohibited by these Terms. You may not use the Platform in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Platform.

Billancho reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

  1. Our Use of the Service

You give us permission to use (host, use, distribute, modify, run, copy, publicly display, and translate your content. As such, you give us permission to use your username, profile picture, and information about your actions on the platform with the platform or other accounts, ads, deals, and other sponsored content that you follow.

  1. Ownership; Proprietary Rights.

The Billancho Platform is owned and operated by Billancho. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Platform provided by Billancho (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials

  1. Electronic Signatures and Agreements.

You acknowledge and agree that by clicking on the button labeled “CONFIRM SUBMISSION,” “SUBMIT”, “I ACCEPT” or such similar links as may be designated by Billancho to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PLATFORM OR SERVICES OFFERED BY BILLANCHO. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

  1. Disclaimers; No Warranties.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USING THE PLATFORM.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Waiver and Release.

You understand that Billancho is not a venue or other service provider and deals and any other products you claim or take operated and delivered by the applicable Partner and not by Billancho. Although Billancho endeavors to offer inventory that is of high quality, Billancho is not responsible for the quality of deal or service. The use of any of the information provided on the Platform is solely at your own risk.

  1. Indemnification; Hold Harmless.

You agree to indemnify and hold Billancho, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Platform, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

  1. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES WILL BILLANCHO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF BILLANCHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BILLANCHO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Arbitration Agreement

PLEASE READ THE FOLLOWING CAREFULLY:

  1. a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Billancho. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Arbitration Agreement, “Billancho” means Billancho and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Billancho regarding any aspect of your relationship with Billancho, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

  1. b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Billancho an opportunity to resolve the Dispute by mailing written notification to Billancho, 28 Golden Ash Way, Gaithersburg, MD 20878. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Billancho does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
  2. c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or Billancho may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with Billancho, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
  3. d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act (“the FAA”), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
  4. e) Location of Arbitration. Arbitration shall take place in Maryland, but it may proceed by telephone if you so choose.
  5. f) Payment of Arbitration Fees and Costs.Billancho will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
  6. g) Class Action Waiver. Any Disputes arising out of or relating to any purchase you make on or through the Platform, any information you provide via the Platform, these Terms (including the formation, performance, or alleged breach), and your use of the Platform shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) . Neither you, nor any other Member of Billancho and/or user of Billancho services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Billancho and is nonseverable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Billancho in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
  7. h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Billancho are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Billancho might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Billancho Platform and products and services, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
  8. i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
  9. j) This Arbitration Agreement shall survive the termination of your contract with Billancho and your use of the Billancho Platform and services.

 

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account by contacting us at support@Billancho.com