Yapstone Education Services
Yapstone User Agreement for WUBS Payors
Please read this agreement carefully. This agreement contains an arbitration clause, class action waiver, and jury trial waiver.
1. About Yapstone
b. Yapstone, Inc. is a licensed provider of money transmission services in the United States and, if any portion of the Services constitutes regulated money transmission in the United States, such money transmission will be provided by Yapstone, Inc. pursuant to Yapstone, Inc.’s licenses. See https://www.yapstone.com/legal...;for additional information and for disclosures that Yapstone, Inc. is required to post by certain jurisdictions.
2. Consent to Terms
b. The terms of this Agreement are effective as of the date that You submitted Your payment information to WUBS (the “Effective Date”). You acknowledge and agree that You will be required to submit certain information to Yapstone or the Processor (including identity verification information as set forth in Section 5 hereof), and such information must be accurate and complete, in order for your payment to be completed. You should notify WUBS immediately if you become aware that You have made a mistake when submitting your payment instructions.
3. The Services
a. You acknowledge and agree that, as it relates to Amounts Due: (a) WUBS is the entity providing payment services to You, (b) Your payment is for a transaction between You and a Payee and not with Yapstone; and (c) Yapstone is a third-party payment processor acting on behalf of WUBS, not on behalf of either You or Your Payee. You will be sent a confirmation acknowledging the processing of Your payment. Refund requests related to Amounts Due should be directed to Your Payee.
b. You acknowledge that (i) Yapstone acts as WUBS’s agent for the limited purpose of receiving payments from You and transmitting Your payment to WUBS, (ii) Yapstone may terminate Your ability to submit payments to WUBS for any or no reason, and (iii) Yapstone has the right to change the content or technical specifications of any aspect of the Services at any time at Yapstone’s sole discretion, and such modifications may result in Your being unable to submit payment to WUBS.
4. Authorization to Debit Bank Account
You represent and warrant that You have the legal right and authority to authorize Yapstone or a Processor to debit Your bank account in accordance with this Agreement.
a. In order for Yapstone to process your payment, You represent and warrant that: (i) the information You have provided to Yapstone is true, accurate, current, and complete; and (ii) You are at least 18 years old. You acknowledge that Yapstone is relying on Your representations as a condition of processing your payment. If You provide information that is untrue, inaccurate, not current or incomplete, or if Yapstone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yapstone, without limiting any other remedies, reserves the right to reject your payment. You may only submit payments for the purpose of paying tuition.
d. Identity Verification and Third-Party Permissions;
i. You acknowledge and agree that Yapstone’s obligation to process Your payment may be subject to certain conditions or eligibility requirements, such as an identity verification process. Yapstone may verify the information You submit against third-party databases or through other means and/or as may be required to perform required screening, monitoring, and investigation in order to comply with applicable laws.
You shall be liable to Yapstone for Claims arising out of or in connection with (i) any breach (or, as to defense obligations only, any alleged breach) of Your obligations in this Agreement or any breach of Your representations, warranties, or obligations set forth in this Agreement; or (ii) Your negligence, fraud, misrepresentation, willful misconduct, violation of applicable law, or infringement of the rights of any person or entity. “Claim” means an action, allegation, assessment, cause of action, cease and desist letter, charge, citation, claim, demand, directive, fine, lawsuit or other litigation or proceeding, or notice issued or submitted by, from or on behalf of a third party, including any governmental agency, and all resulting judgments, bona fide settlements, penalties, damages (including consequential, indirect, special, incidental or punitive damages), losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees, expenses and costs) incurred in connection therewith.
7. Disclaimers and Limitation of Liability
a. Except for any express warranties contained in this agreement: (i) Yapstone’s payment processing services are provided “as is” and “as available” and (ii) Yapstone and its affiliates and processors make no warranty of any kind (and disclaim all warranties of any kind) with respect to the foregoing, whether express, statutory or implied, and specifically disclaim the warranties of merchantability, fitness for a particular purpose, and non-infringement, in each case to the maximum extent permitted under applicable law. without limiting the foregoing, Yapstone makes no warranty that Yapstone’s payment processing services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Yapstone makes no warranty regarding the quality of the payment processing service
b. Limitation of Liability;
i. You agree that Yapstone shall not be liable for: any failures that may affect the receipt, processing, acceptance, completion, or settlement of a payment.
ii. In no event will Yapstone or the processors, be liable to you or to any third party for lost profits or for consequential, exemplary, indirect, special, punitive, or incidental damages (even if such damages are foreseeable and whether or not you or the third party has been advised of the possibility of such damages); and (ii) in no event will Yapstone’s aggregate liability arising out of this agreement exceed the amount of your payment. You acknowledge that Yapstone has agreed to process your payment relying on the limitations of liability stated in this section 7.b and that these limitations are an essential basis for Yapstone’s agreement to process your payment.
8. Dispute Resolution, and Governing Law and Forum.
a. To the fullest extent permitted by applicable law, each of the parties agree that any proceeding will be conducted only on an individual basis and not in a class, consolidated representative action. Each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counter-claim relating or arising out of this agreement or any of the transactions contemplated between the parties. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties hereby agree that: (1) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in this agreement); and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
b. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles and You agree, with respect to any court action permitted under this Agreement, to exclusive personal jurisdiction in the state and federal courts located in the State of California, County of Contra Costa or County of Alameda.
a. This Agreement may not be amended except by written agreement, signed by You and an authorized Yapstone representative.
b. All notices and other communications under this Agreement must be in writing and may be made by means of email or a posting on, or update to Yapstone’s website. Notices to You will be delivered to the email address You provided to Yapstone, if any, or by posting on or update to the Yapstone website. Notices to Yapstone can be made via email at legal@Yapstone.com or via certified mail or overnight courier to: Yapstone Inc., Legal Department, 2121 N. California Blvd., Suite 400, Walnut Creek, CA 94596, USA.
c. Yapstone and its Processors may need to provide You with certain transaction receipts or confirmations, notices, or disclosures ("Communications").
i. By accepting this Agreement you confirm Your ability and consent to receive Communications electronically from Yapstone and its Processors, rather than in paper form, and to the use of electronic signatures.
ii. To access and retain the electronic Communications, You will need the following:
1. A computer or mobile device with Internet or mobile connectivity. For website-based Communications, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see http://www.microsoft.com/ie for current version), Mozilla Firefox current version (see http://www.mozilla.com for current version), Apple Safari current version (see http://www.apple.com/safari for current version), or Chrome current version (see http://www.google.com/chrome for current version). The browser must have cookies enabled;
2. Access to the email address provided when You submitted your payment; and
3. Sufficient storage space to save Communications and/or a printer to print them.
iii. You have the right to receive Communications in paper form. To request a paper copy of any Communication sent to you from Yapstone, please write to Yapstone, Inc., Legal Dept., 2121 N. California Blvd., Suite 400, Walnut Creek, CA 94596, USA, within 180 days of the date of the Communication, specifying in detail the Communication You would like to receive in paper form.
iv. It is Your responsibility to provide Yapstone with a valid email address. You understand and agree that if Yapstone sends You an email, but You do not receive it because the email address you provided is incorrect, blocked by Your service provider, or You are otherwise unable to receive emails, Yapstone will still be deemed to have provided the email to You.
d. This Agreement contains the entire understanding between You and Yapstone with respect to its subject matter, superseding all prior and contemporaneous representations and understandings. If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force.
e. Sections 4-9 and Sections securing Yapstone’s rights shall survive any termination of this Agreement.
f. The failure by a party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions. No waiver of any provision or of any breach of this Agreement shall be deemed a further or continuing waiver of such provision, breach, or any other provision of this Agreement.
g. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You may not assign this Agreement or any rights, obligations, or privileges under this Agreement without Yapstone’s prior written consent. Yapstone may assign its rights and obligations under this Agreement at any time without notice to You.
h. Yapstone will not be responsible for delays, errors, failures to perform, interruptions or disruptions in the processing of your payment resulting from any act, omission or condition beyond Yapstone’s reasonable control, whether or not foreseeable or identified, including without limitation acts of God, labor strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods or other natural disasters, hackers, or the failure of Yours or any third party’s hardware, software or communications equipment or facilities.
Last Updated: 28 of May 2021
Your personal data is being processed by Yapstone. We provide payments gateway and third-party payment processor and payment services provider services (collectively “Processing Services”) to Western Union Business Solutions or its affiliated entities (“WUBS”) through which users of WUBS’s online platforms may make payments.
- We will disclose the types of information we collect and how we use it;
- Unless we need to use your information to provide the Processing Services or to comply with a legal or regulatory requirement:
- We will give you an opportunity to restrict our use of the information; and
- We will give you an opportunity to tell us not to give the information to others; and
- We will give you an opportunity to correct the information in our records when it has been erroneously recorded.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
• Information that you provide to us, WUBS, or to one of our Partners (such as by filling in webforms), including, for example, when you submit your payment information. Such information may include, for example, your name, email address, bank account information, postal address, telephone number, device identification or other sign-on information, geolocation data, and transaction information. Such information may be stored electronically on our servers in order to comply with our legal and regulatory obligations;
- Information that is automatically collected using technology that allows electronic tracking of technical information; this is further explained below in the section titled IP addresses, cookies and click-through URLs;
- A record of any correspondence with you, regardless of the means;
- Details of the entire lifecycle of payments we process on behalf of WUBS;
- The resources that you access on our Websites or those of WUBS or our Partners, as well as details of your visits to our Websites including, but not limited to, traffic data, location data, weblogs, and other communication data;
- Financial information you provide when you initiate a payment transaction, such as bank account details;
- Personal data which we are legally required to report to the authorities for certain payment transactions;
- Proof of your identity which we may request from you for identity verification purposes and to comply with applicable law. Such proofs of identification may be stored electronically on our servers in order to comply with our legal and regulatory obligations;
- Your IP address, computer information, and the times of each payment you submit or access our Websites, which may be tracked against your records with us for purposes of preventing fraud, establishing your identity, creating an audit trail, and to comply with applicable laws; or
- Data necessary to detect and prevent fraud; we will either do this directly or in conjunction with a third-party who use this data to detect and protect against fraud (“third-party experts”). These third-party experts are subject to privacy and confidentiality obligations.
IP ADDRESSES, COOKIES AND CLICK-THROUGH URLS
We may collect technical information about your computer, including for example, where available, your IP address, operating system, and browser type, for system administration and to report aggregate information to our Partners. This is aggregate statistical data about browsing actions and patterns.
For the same reasons, we may obtain information about your general Internet usage by using a cookie. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and stored by the browser. Cookies contain information that is transferred to your computer’s hard drive. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. Cookies help us to improve our Website and to deliver a better and more personalized service. Cookies enable us:
- To estimate our audience size and usage pattern;
- To store information about your preferences, and to allow us to customize our Website according
to your individual interests;
- To prevent fraud;
- To speed up the delivery of pages you commonly use; and
- To recognize you when you return to one of our Websites.
We may occasionally use a “click-through URL”. When you click one of these click-through URLs, you pass through our web server before arriving at your final destination. We track click-throughs to help us improve the user experience, record your acceptance of certain terms, determine your interest in particular topics and measure the effectiveness of our customer communications.
You can learn more about cookies at the following third-party websites:
- AllAboutCookies: https://www.allaboutcookies.or...;
- Network Advertising Initiative: https://www.networkadvertising...;
DO NOT TRACK
Some web browsers permit you to set Do Not Track (DNT) signals which would prevent websites from tracking your behavior online. The applicable standards are still being developed and, as a result, we cannot respond to the DNT signal. This means our service providers are able to compile analytics about your movements on our Website and remarket our Processing Services to you.
WHERE WE STORE YOUR PERSONAL DATA
The data (including personal data) that we collect from you may be processed, transferred and stored in the United States and may be transferred to, and stored at, a destination outside of the United States including, but not limited to: Canada, Ireland, Germany, Australia and India. By submitting your personal data, you agree to the transfer, storing, or processing of your personal data in destinations inside or outside the United States. Your data (including personal data) may also be processed by staff operating outside the United States who work for us or one of our Partners or affiliated companies, or one of our third-party suppliers, or third-party service providers. Such staff may be engaged in, among other things, verifying your identity, your location or payment information, the fulfilment of your transaction, the processing of your payment details, improving our Websites and Processing Services, technical support, fraud review, and the provision of other support services or in order to comply with our legal and regulatory obligations, as well as for group administration and management purposes. Yapstone complies with applicable data transfer laws.
Yapstone will use reasonable technical, administrative and physical measures to protect information contained in our system against misuse, loss or alteration. All information you provide to us is stored on our secure servers or secured servers licensed for use by us. Yapstone complies with the Payment Card Industry Data Security Standard (PCI-DSS).
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.
USES MADE OF YOUR INFORMATION
We use information held about you in the following ways:
Performing Processing Services for WUBS:
- To ensure that content from our Websites is presented in the most effective manner for you and for your electronic device;
- To allow smooth interaction between you and customer support;
- To allow us to carry out our contractual obligations to WUBS and our Partners in connection with providing Processing Services to WUBS; and
- To verify your acceptance of certain terms or conditions related to our payment processing services.
Security Detection, protection and enforcement; functionality debugging, error repair:
- To detect, investigate, prevent, protect against, remediate and reduce the risks of fraud in our system, unauthorized transactions, or activity we think is suspicious or may be potentially illegal, unlawful or harmful, to build fraud and credit risk models to assist in the screening of users for the purposes of identifying fraudsters, and preventing fraud, sharing of relevant data with vendors to improve our system and services, or sharing such data in order to comply with our legal, regulatory or compliance obligations or assist law enforcement with respect to criminal or suspected criminal acts, including responding to a valid request by a law enforcement agency or regulatory or governmental authority, and use or disclosure of such data or information in connection with actual or proposed litigation, or to protect our or our affiliates’ or Partners’ property, people and other rights or interests; and
- To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures; and
- To develop and improve our products and services, for example, by reviewing visits to the Websites and various subpages, demand for specific products and services, and user comments.
Auditing relating to transactions, internal research and development:
- To provide for internal business administration and operations, including troubleshooting, Website customization, enhancement or development, testing, research, administration and operation of our Websites and data analytics;
- To create products or services that may meet your needs; and
- To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any Yapstone entity.
We may disclose your data to Partners and third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If a Yapstone entity has substantially all of its assets acquired by a third party, the personal data held about you may be one of the transferred assets;
- In order to: (1) comply with any legal obligation (including reporting obligations under fraud, anti- money laundering, or counter terrorist financing law and other applicable law and regulations); (2) enforce or apply the terms of the User Agreement with respect to the processing of your payment; or (3) protect the rights, property, or safety of Yapstone, our customers, our users, our Partners, or others;
- For the purposes of fraud protection, credit risk reduction, and the prevention and reporting of money laundering or other criminal or suspected criminal activity, including the building of fraud and credit risk models to assist in the screening of users for the purposes of identifying fraudsters and preventing fraud;
- Where such third parties provide services to us that facilitate the provision of our payment services, including for example, software providers and our financial services partners;
- In order to collect and process data for other companies, your data may be shared back with such company;
- Pursuant to a valid request or subpoena from law enforcement, regulators, court, or other government body;
- With your permission.
ACCESS TO YOUR INFORMATION AND YOUR CHOICES
You can choose not to receive emails from us by either “unsubscribing” using the instructions in any email you receive from us or by emailing firstname.lastname@example.org. This will not stop us from sending emails about your transactions with us.
You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. If you block cookies, performance of the Website may be impaired and certain features may not function at all.
If you do not want cookies to be used for marketing, please visit the Network Advertising Initiative for opting out of interest-based advertising by participating companies. This does not mean you will not receive any online advertising – it merely means that the companies from which you opted out will no longer deliver ads tailored to your web preferences and patterns.
YOUR RIGHTS RELATED TO OTHER WEBSITES
Our Websites may contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Please be aware that Yapstone is not responsible for the privacy practices of other sites, including our Partners’ websites. We encourage users to be aware when they leave our Website to read the privacy statements of every website that collects personally identifiable information.
PHISHING OR FALSE EMAILS
If you receive an unsolicited email that appears to be from us or one of our Partners or third parties that requests your personal information (such as personal identifiers, or bank account number), or that asks you to verify or confirm your bank account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information. This is sometimes referred to as “phishing” or “spoofing.” We do not ask for this type of information in an email. Do not provide the information or click on the link. If you receive any suspected phishing or spoofing emails, please report it to email@example.com.
2121 N. California Blvd., Suite 400 Walnut Creek, CA 94596
Effective Date: May 28, 2021