TANG app Terms of Service

Date of Last Revision: September 30, 2021

 

Welcome to TANG app!

 

Tang Group, Inc. (“Company,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.TANGapp.org (the “Site”) and through the Tang mobile application (“Tang App”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service” or “Terms”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective immediately after they are posted, or at a later date required by applicable law or specified by us when we post the changes. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

 

SCAM ALERT

Have you been asked to use the Tang App to transfer funds for any suspicious purpose, including taxes, utility bills, tickets, cars, equipment, money transfers, ransom, bail, eBay, Airbnb, or anything odd? STOP! You are being scammed. Please notify us immediately at service@tangapp.org. FRAUDULENT TRANSACTIONS MAY RESULT IN THE LOSS OF YOUR MONEY. UNLESS REQUIRED BY LAW. WE HAVE ABSOLUTELY NO RESPONSIBILITY OR LIABILITY FOR ANY MISTAKEN, OR ACCIDENTAL TRANSACTIONS MADE BY YOU OR ANY OTHER PERSON YOU AUTHORIZE TO USE YOUR TANG ACCOUNT. NEVER SEND MONEY TO ANYONE YOU DON’T KNOW PERSONALLY OR HAVE NOT MET IN PERSON.

ROMANCE SCAM DISCLAIMER: Have you been asked to send money to your boyfriend, girlfriend, fiancé, husband, or wife that you met online? This may be a scam. We strongly discourage use of the Tang App for this purpose and we are not liable for any losses you incur if you authorize a transaction for this purpose unless required by applicable law.

TRANSFER FEE SCHEDULE

Have you been asked to use the Tang App to transfer funds for any suspicious purpose, including taxes, utility bills, tickets, cars, equipment, money transfers, ransom, bail, eBay, Airbnb,

Transfer Fee: 3% of the amount of the Transfer you request.

Exchange Rate: Currency will be converted at the time of the Transfer. We will disclose the exchange rate applicable to your Transfer in the Tang App before you confirm the Transfer.*

* The exchange rate applied may be less favorable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Tang will be kept by Tang or its service providers.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://www.TANGapp.org/privacy/. In order to use certain Services, you may also be required to accept the terms and conditions of our partners and service providers, such as Stripe, the Merchants (defined below) from which you purchase goods and services using the Service, and their respective service providers and financial institution partners. All such terms are hereby incorporated by reference into these Terms of Service.

 

Access and Use of the Service

 

            Services Description: The Service is designed to allow you to use the Tang App to purchase credits which can be redeemed for telephone, text, and data services provided by a participating mobile telephone carrier in the Philippines, load the credit onto a mobile device operating in the Philippines, which is owned by you or your intended contact, and purchase other related products and services we may make available to you from time to time (collectively the “Mobile Products”). The Service is also designed to allow you to use the Tang App to transfer funds (each, a “Transfer”) from your account in the United States to the account of your designated recipient (“Recipient”) in the Philippines or other jurisdictions we may support from time to time (“Transfer Service”). The Mobile Products and the Transfer Service are both a Service under these Terms.

            Your Registration Obligations: You and each Recipient to whom you would like to send a Transfer are required to register with Company, open an account in the App (“Tang Account”) and agree to these Terms in order to access and use certain features of the Service. In addition, you and each Recipient may be required to register with the Company’s third-party service providers or financial institution partners. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If any of the information you provide to us with your registration changes, you must update that information in the Tang App. You may only open one Tang Account unless we explicitly approve the opening of an additional Tang Account. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age (or the age of majority in your jurisdiction), you are not authorized to use the Service, with or without registering.

If you open or request to open a Tang Account or use the Services, federal law requires that we verify certain information about your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may be made directly or through third parties, including a bank that holds any Linked Account or Card that you link to your Tang Account. We may need to ask you for further

information that will allow us to reasonably identify you. We reserve the right to close, suspend, or limit access to your Tang Account and/or the Services in the event we are unable to obtain or verify any information about you or your source of funds used in connection with the Service.

We may refuse to open a Tang Account, provide or discontinue providing the Service, reject any transaction, or suspend, restrict, or close any Tang Account at any time for any reason, subject to applicable law.

 

            Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and Tang Account details, if any, and any other means you may use to access the Service, including any password or biometric information you use to access your device on which you use the Tang App (“Credentials”). Any person with your Credentials, your device passcode or who has a fingerprint or face ID registered to your device will be able to authorize transactions with your Tang Account or other feature of the Service and any Linked Wallet, Linked Account, or Card linked to your Tang Account. You are fully responsible for any and all activities that occur under your Credentials and Tang Account. Except as otherwise provided in these Terms, we treat all activities made on your Tang Account or using your Credentials as having been made and authorized by you, subject to applicable law. You agree to (a) immediately notify Company of any unauthorized use of your Credentials or Tang Account or any other breach of security, including loss or theft of any device you use to access the Service, and (b) ensure that you exit from your Tang Account at the end of each session when accessing the Service. By adding your Card, Linked Account, or Linked Wallet to your Tang Account or by completing a transaction using our Service, you represent and warrant that you are the owner or authorized user of such payment method you select, and are authorized to make each transaction you authorize. It is your sole responsibility to maintain the security of your Credentials and Tang Account, and we will not be responsible for any unauthorized charge to any credit card you linked to your Tang Account, except as strictly required by applicable law. Company will not be liable for any loss or damage arising from your failure to comply with this Section.

 

            Closing Your Tang Account: You may request to close your Tang Account at any time by contacting customer service at service@tangapp.org. If, at the time you make this request, you have any pending transactions, there is an ongoing investigation into any transaction or activity made on your Tang Account, or you have not met any obligation you have to us under this Agreement, we may refuse to close your Tang Account until such transactions and investigations are completed to our satisfaction, and you have met your obligations under these Terms. We may suspend or restrict your Tang Account in preparation for closing at any time after your request.

We may close your Tang Account at any time in our sole discretion, with or without notice to you. We reserve the right to suspend or terminate these Terms, and your access to or use of the Service or any aspect thereof for any reason and at any time. Reasons we may close your Tang Account or terminate or restrict your access to the Service include, but are not limited to: (1) your breach of any provision of these Terms or the terms of any transaction you make using the Service; (2) we are requested or directed to do so by any competent court of law, government authority or agency; (3) we have reason to believe you are in violation of any applicable law or payment network rule; (4) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing, or other criminal or illegal activity; or (4) to protect the security of your Tang Account, others’ Tang Accounts, or our systems. You agree that you will continue to be responsible for all obligations you have under these Terms, even after your Tang Account is closed. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by us or any of our service providers, agents, or other users arising out of your breach of these Terms or applicable law.

            Escheatment: If there is any remaining balance associated with your Tang Account after it is closed, or if you have not logged into your Tang Account for the time period provided by applicable law, we may send a check to you for that amount to any address we have on file for you, or if required by law, escheat (send) the balance to the applicable agency in your state of residency, which shall be determined based on the contact information we have on file for you. If you are not a resident of the United States or your residency is unknown, we will escheat the balance to the appropriate state authority provided by applicable law. If your funds are escheated, you will be required to make a claim against the applicable state agency to recover the funds.

            Modifications to Service: Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

            General Practices Regarding Use and Storage: You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate Tang Accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

            Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through the Tang App downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Company, Merchants, and our respective service providers by telephone (calls may be recorded), automated calling, pre-recorded calling, SMS, MMS, text message or other electronic means to your mobile device or any other telephone number we have on file for you, even if you have opted into the National Do Not Call List, any state equivalent of the Do Not Call List, or the internal Do Not Call List of any company. To the extent required by law, and as we may permit from time to time, you can opt-out of certain contact methods by contacting us directly, and you may opt out of SMS, MMS, or text messages by replying “STOP” to such text messages. However, you may not be able to opt out of all communications about the Services, unless required by applicable law, and if you do opt out of certain communications, you may not be able to use the Service or certain features thereof. You understand that Company may maintain the information you submit to us even if you decide not to use the Services, and that certain information about your usage of the Mobile Services may be communicated to us. You hereby represent and warrant that in connection with the Mobile Services, you will provide your own phone number, and not someone else’s phone number. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Tang Account information to ensure that your messages are not sent to the person that acquires your old number.

 

 

Conditions of Use

 

            User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type;
  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  3. violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone under the age of 18;
  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

 

TERMS AND CONDITIONS FOR THE PURCHASE OF MOBILE PRODUCTS

 

            Mobile Products: You may use the Service to purchase Mobile Products, such as credits for calls, text, and data through a participating mobile carrier. Mobile Products and related services are provided by participating mobile carriers and other third parties (each a “Merchant”). When you purchase certain Mobile Products, we may require that you select mobile telephone number registered in the Philippines with a participating Merchant, to which you would like to deliver the Mobile Product. The owner of the telephone number you provide shall be referred to as the “Mobile User”. You represent and warrant to us that the selected telephone number is owned by you or the Mobile User. YOU SHOULD NOT INSTRUCT US TO DELIVER THE MOBILE PRODUCT TO A TELEPHONE NUMBER THAT YOU ARE NOT FAMILIAR WITH OR THAT IS NOT OWNED BY YOU OR YOUR INTENDED MOBILE USER. YOU SHOULD NEVER INSTRUCT US TO DELIVER A MOBILE PRODUCT TO ANY MOBILE USER YOU DO NOT KNOW PERSONALLY. MOBILE PRODUCTS MAY ONLY BE USED BY YOU OR THE MOBILE USER YOU SELECT. YOU MAY NOT CHARGE THE MOBILE USER OR ANY THIRD PARTY FOR THE MOBILE PRODUCT, SEEK REIMBURSEMENT FOR YOUR PURCHASE OF A MOBILE PRODUCT FROM THE MOBILE USER OR ANY THIRD PARTY, OR OTHERWISE RE-SELL THE MOBILE PRODUCT IN ANY WAY.

In order to receive and use the Mobile Product, you or the user of the Mobile Product may be required to accept the terms and conditions of the Merchant. Each Merchant is responsible for the quality and delivery of the Mobile Product and related services it may provide. Company disclaims all responsibility and liability for the quality and delivery of the Mobile Product or the service of the Merchant. If you have questions or concerns, you should contact that Merchant directly within the period of time required by such Merchant’s applicable terms and conditions.

 

We have made every effort to display and describe Mobile Products as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Mobile Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Mobile Products that we offer. We reserve the right to discontinue any Mobile Product at any time. Although certain Mobile Products available for Purchase through the Service may be used outside of the United States, the Tang App and all other aspects of the Service cannot otherwise be accessed from outside of the United States. Any offer for any Mobile Product made on the Service is void where prohibited.

 

We are constantly updating Mobile Product offerings and other content on the Service. We may add, delete, remove, modify, disable, suspend, or restrict some or all of the Service (or the Mobile Products offered for sale thereon) at our sole discretion without notice to you, and you acknowledge that: (a) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (b) we shall have no liability to you or any third party in such case. Mobile Products may be available in limited quantities. We shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension, or restriction of access to or use of any or all of the Service (including the Mobile Products offered for sale thereon). We may change the descriptions, specifications, and prices of the Mobile Products offered for sale through the Service, or the mobile carriers we support, without notice and at any time. We do not warrant that such descriptions, specifications, and prices of Mobile Products are accurate, complete or current at all times. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time, without prior notice.

 

            Accepted Payment Methods for Purchase of Mobile Products: The following section applies to purchases of Mobile Products made available through the Service (“Purchase”). When you use the Service to make a Purchase, or to the extent the Service or any portion thereof is made available for any fee, you will be required to provide Company information about a payment method that we accept. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. In order to make a Purchase of Mobile Products, you must have a personal credit or debit card, issued by a U.S. financial institution (“Card”), which is accepted by our third-party payment processor, Stripe, Inc. and its affiliates (“Stripe”). You may also select a Card by linking your Apple Pay or Google Pay account to your Tang Account in the Tang App (each a “Linked Wallet”) and selecting an eligible Card stored in your Linked Wallet. By linking your Linked Wallet to your Tang Account, or by selecting any Card to make a Purchase or Mobile Products, you represent and warrant that you are the owner or authorized user of the Linked Wallet (including the payment instruments stored in your Linked Account) and your selected Card, and that you are authorized to use the Linked Account and selected Card to make Purchases. You will promptly update your Tang Account information with any changes (for example, a change in your billing address or credit card expiration date of your Card) that may occur. You agree to pay the Company the total price of Mobile Products and any other goods and services you purchase using the Service, plus all applicable taxes, fees, and shipping charges, if any. We may add or change accepted payment methods from time to time in our sole discretion.

 

            Purchase of Products, Payments and Fees: All Purchases of Mobile Products will be processed using the Linked Account or Card you select and any other payment information you provide to us. You agree to have sufficient credit or balance available on your selected Card upon placement of any such order to ensure that the purchase price will be collectible by us or the payment processor, as applicable. WE DO NOT PROCESS PAYMENT FOR MOBILE PRODUCTS. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. As a condition of Company enabling payment services through Stripe, you represent and warrant to Company that all information you provide about your payment instruments and/or bank accounts is true and that you are authorized and have the legal right to use such payment instrument and/or bank account, as applicable. You also authorize Company to share such information and other transaction information related to your payment for the Service with Stripe. You will promptly update your Tang Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize Stripe to store and continue billing your specified Card or payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Company assumes no liability or responsibility for any payments you make through the Service, except as required by applicable law.

 

Unless otherwise specified, prices quoted on the Service for a Mobile Product may be exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable.  You agree to pay for taxes, shipping or carriage of the goods you purchase, as such costs are specified by us when you submit your order.

 

ALL PURCHASES OF MOBILE PRODUCTS USING THE SERVICE ARE FINAL.

 

All orders of Mobile Products must be for personal use only. By purchasing Mobile Products, you hereby agree not to resell or distribute such Mobile Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Mobile Product availability, noncompliance with these Terms of Service or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

TERMS AND CONDITIONS OF THE TRANSFER SERVICE

            General: Subject to our eligibility requirements, you may use the Transfer Service to transfer funds from your personal bank account to the personal bank account of your selected Recipient.

             Accepted Payment Methods for Transfer Service: The following section applies to the Transfer Service. To use the Transfer Service to send a Transfer of funds to a Recipient, you will be required to link your personal checking account held by a U.S. depository institution to your account in the Tang App as a source of funds for the Transfer (“Linked Account”). You will need to provide log-in credentials and related information about your Linked Account to our service provider Plaid, or its successor. You may be required to accept Plaid’s Terms of Service in order to link a Linked Account to the Tang App. By adding a Linked Account to your Tang Account, you represent and warrant that the Linked Account is in good standing, you own and are authorized to use the Linked Account for the Transfers you request. You further represent and warrant that all the information you provide to us about your Linked Account is true and complete. Your financial institution holding your Linked Account, or their service provider, may charge you a fee to use the Service. We have no control over and are not responsible for any such fee. We may add or change accepted payment methods from time to time in our sole discretion.

When you initiate a Transfer, we will credit your Tang Account when we receive the money from your Linked Account or selected payment method, and we are not responsible for the money you seek to Transfer until we have received it, unless required by applicable law. We may, but are not required to, make the funds sent in the Transfer available to the Recipient before we receive final settlement of the funds from you. If we do so, and the funds do not reach us within a reasonable time, or the transaction is reversed or rejected by you or your financial institution, we can demand repayment of those funds from you using other methods or we may suspend your use of the Services.

Tang is not a bank and your Tang Account is not a bank account or stored value account. You may not hold a balance in your Tang Account. If we are unable to complete a Transfer you request, you authorize us to credit the funds you send back to the original payment method you used to request the Transfer. Funds we receive from you when you request a Transfer are held by us for your benefit until they are remitted to your Recipient. Any value we hold for your benefit represents an unsecured claim against Tang and is not insured by the Federal Deposit Insurance Corporation (FDIC). We may invest funds held for your benefit in permissible investments in accordance with applicable law, and Tang exclusively owns the interest and other earnings on these investments, if any.

Limitations on Transfers: Your ability to make Transfers is subject to the following limits:

Transfer Amount Limit and Daily Limit
  • When your user account has been active for under 90 days, then the amount of each Transfer must be between 1,000 PHP and 25,000 PHP
  • When your user account has been active for over 90 days, then the amount of each Transfer must be between 1,000 PHP and 50,000 PHP
Weekly Limit
  • When your user account has been active for under 90 days,you may not send Transfers that exceed, in the aggregate,100,000 PHP per week
  • When your user account has been active for over 90 days, you may not send Transfers that exceed, in the aggregate, 150,000 PHP per week
Monthly Limit
  • When your user account has been active for under 90 days, you may not send Transfers that exceed, in the aggregate, 250,000 PHP per month
  • When your user account has been active for over 90 days, you may not send Transfers that exceed, in the aggregate, 300,000 PHP per month

            Fees: The fees for a Transfer will be disclosed to you when you request a Transfer and before you confirm the Transfer. Please see the Transfer Service Fee Schedule above. We will charge a Transfer Fee as shown in the Transfer Service Fee Schedule. Applicable fees will be added to the amount of your Transfer. You agree to pay all fees and currency conversion rates using your Linked Account or other selected payment method. The fees and rates will be charged when you authorize a Transfer. When you authorize a Transfer, we will debit the amount of the Transfer plus the amount of the fees from your Linked Account or other selected payment method. We will not process a Transfer until we have received all applicable fees and rates from you. Our fees do not include any fees that your bank or the Recipient’s bank may charge in connection with the Transfer. Those fees may be deducted by your or the Recipient’s financial institution when you send or receive a Transfer.

 

           Currency Conversion: When you make a Transfer, you may only send U.S. Dollars from your Linked Account denominated in U.S. Dollars. For each transfer, we will convert the U.S. Dollars to Philippine Pesos and deliver Philippine Pesos to the Recipient, in accordance with the terms of the Transfer you request. We will not process the currency conversion until we have received the relevant funds from your Linked Account. We may add or change the currencies we support from time to time in our sole discretion, with or without notice to you.

            Supported Countries: The Transfer Service may only be used to send a Transfer from the United States to the Philippines. We may add or change the countries we support from time to time in our sole discretion, with or without notice to you.

            Recipient Eligibility: To receive a Transfer as a Recipient, you must register for a Tang Account and accept these Terms, as described above. You must also link a personal bank account held by a depository financial institution in the Philippines, denominated in Philippine Pesos (“Recipient Account”) to their Tang Account by using the Tang App. By linking a Recipient Account to your Tang Account, you represent and warrant that your Recipient Account is in good standing, you own and are authorized to use the Recipient Account to receive Transfers under this Agreement. You agree to provide all information we request to verify your Recipient Account. You further represent and warrant that all the information you provide to us about your Recipient Account is true and complete. Your financial institution holding your Recipient Account, or their service provider, may charge you a fee to receive a Transfer. We have no control over and are not responsible for any such fee. We may add or change accepted payment methods from time to time in our sole discretion.

            Payment Authorization: By initiating a Transfer from your Tang Account, you authorize Tang Group, Inc. or its service provider to charge your Linked Account or other selected payment method for the total amount of the Transfer plus applicable fees, taxes and exchange rates, on the date you select and as shown in the disclosure or confirmation screen provided in the Tang App. You also authorize us to debit or credit your Linked Account or other selected payment method to correct any errors, cancellations, or reversals in connection with any requested transaction.

            Delivery to Recipient: We use a third party service provider to deliver funds to your selected Recipient. Your Recipient’s financial institution that holds the Recipient Account to which Transfers are delivered may charge a fee to your Recipient or deduct a fee from the amount of the Transfer when it is delivered to the Recipient.

We will endeavor to make funds available to your Recipient by the date disclosed in the Tang App when you request your Transfer. However, your Transfer may be delayed in certain circumstances. We may delay a Transfer in certain situations, including if we need to confirm that the Transfer has been authorized by you, if other Transfers you made have been reversed, or for fraud and security purposes. We do not have control over the time it may take for us to receive funds from the Linked Account you use to send the Transfer, or the time it takes for the bank holding the Recipient Account to make the funds available to the Recipient once we make the funds available to the bank. Unless required by applicable law, we will not be liable for our failure to complete a Transfer if: (1) through no fault of ours, the sender of the Transfer did not have sufficient funds in the Linked Account or other payment method selected to fund the Transfers; (2) our system was not working properly and you knew about the breakdown when you started the transaction; (3) the error was due to extraordinary circumstances outside of our control despite our reasonable precautions; or (4) any other reason set forth in these Terms, subject to applicable law.

You and your Recipient are responsible for all taxes which may be applicable to the Transfers you make or receive, and is it the responsibility of you and the Recipient to collect, report, and pay the correct tax to the appropriate tax authority.

            Reversals of Transfers: Transfers sent to you may be invalidated or reversed by us if the Transfer was unauthorized, the Transfer was delivered to you in error, the Transfer is in violation of these Terms or applicable law, our investigation finds that the Transfer was fraudulent or unlawful, or as reasonably necessary to comply with applicable law and payment network rules, and to protect the security of a Tang Account or our systems. If you receive a Transfer that is later refunded, reversed, or invalidated for any reason, you are responsible for returning the full amount of the Transfer to us so that we may refund the Transfer to the sender. If you fail to return this amount, we may offset the amount you owe us from any future Transfer sent to you using the Transfer Service, and we may suspend or close your Tang Account. If we give you a refund for any Transfer you send, we will provide the refund in the same currency you sent.

            Tang Account Statement: You have the right to receive an account statement showing your Tang Account activity. You may review your Tang Account activity or statement by logging into your Tang Account on the Tang App.

            Prohibited Transactions. You may only make a Transfer for personal, family, or household purposes. You may not make any Transfers for a business or commercial purpose. You may not send or receive any Transfer that would violate any applicable law or these Terms. You may not send any Transfer for the purposes of Internet gambling, whether or not such activity is lawful or not. You may not send any funds that are proceeds of any unlawful activity, and you may not use any funds you receive in a Transfer for any unlawful purpose. We reserve the right to reject, block or reverse any Transaction for any reason in our sole discretion. We also reserve the right to hold any funds you seek to Transfer if we reasonably suspect that there is a fraud or security risk associated with the Transfer, or as reasonably necessary for us and our service providers to meet our legal and compliance obligations.

UNAUTHORIZED TRANSFERS, ERRORS AND CANCELING A TRANSFER

CONTACT US IMMEDIATELY AT +1-408-556-9208 OR SUPPORT@TANGAPP.ORG IF YOU BELIEVE YOUR TANG ACCOUNT HAS BEEN USED TO MAKE A TRANSFER YOU DID NOT AUTHORIZE.

What to do if you think there has been an error or problem with a Transfer:

If you think there has been an error or problem with our Transfer:

- Call us at +1- 408-556-9208

- Write us at support@tangapp.org; or

- E-mail us at service@tangapp.org

You must contact us within 180 days of the date we promised to you that funds would be made available to the Recipient. When you do, please tell us:

- Your name and address or telephone number;

- The error or problem with the Transfer, and why you believe it is an error or problem;

- The name of the Recipient, and if you know it, his or her telephone number or address;

- The dollar amount of the Transfer; and

- The confirmation code or number of the Transfer.

We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decided that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

What to do if you want to cancel a Transfer

You have the right to cancel a Transfer you sent and obtain a refund of all of the funds paid to us, including any fees. In order to cancel, you must contact us at the phone number or e-mail address above within 30 minutes of payment for the Transfer.

When you contact us, you must provide us with information to help us identify the Transfer you wish to cancel, including the amount and location where funds were sent. We will refund your money within three business days of your request to cancel a Transfer as long as the funds have not already been picked up or deposited into the Recipient Account.

ADDITIONAL TERMS AND CONDITIONS FOR ALL SERVICES

            Fees: We may charge you a fee to use the Service. We reserve the right to change Company’s fees. If Company does change the amount of any fee, Company will provide notice of the change on the Site or in email to you, at Company’s option, at least 10 days before the change is to take effect, if the amount of the fee will increase. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

            Taxes: You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income.

            Your Payment Authorization: By completing Purchase of one or more Mobile Products using the Service, you authorize us (or our service provider such as Stripe) to charge your selected Card for the total amount of the Purchase, including all the purchase price of the selected Mobile Products plus applicable taxes, shipping fees, and other fees. By adding a Linked Wallet or Card to your Tang account, or by completing a transaction, you represent and warrant to us that you are an owner or authorized user of the Linked Wallet and Card you select. You also authorize us to charge your selected Card, or reverse a charge, in any amount necessary to correct any error.

            Disputes: If you dispute any charges made by Company through the Service, please contact us immediately at service@TANGapp.org. We may be unable to assist you if you do not contact us within thirty (30) days of the date of the Purchase or charge you dispute.

 

            Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

 

           Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.

 

Third Party Distribution Channels

Company offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple Inc. (“Apple”), and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

  • Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company by emailing us at: service@tangapp.org.

 

Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

 

Intellectual Property Rights

 

            Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company.

The Company name and logos are trademarks and service marks of Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

 

            Third Party Material:  Under no circumstances will Company be liable in any way for any content or materials of any third parties (including Merchants and other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

            User Content Transmitted Through the Service:  With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

            Copyright Complaints: Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim at:

 

Tang Group, Inc.

PO Box 689

Londonderry, VT 05148

USA

 

To be effective, the notification must be in writing and contain the following information:

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

 

            Repeat Infringer Policy:  If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

 

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Company has no control over such sites and resources and Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service, including Merchants, are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party.

 

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Company’s use, storage and disclosure of information related to you and your use of such services within Company (including your friend lists and the like), please see our Privacy Policy at www.TANGapp.org/privacy/. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

 

Indemnity and Release

You agree to release, indemnify and hold Company and its affiliates and their officers, employees, directors, service providers, financial institution partners, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS

($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

a. Agreement to Arbitrate

 

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Pre-Arbitration Dispute Resolution

 

Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at service@TANGapp.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Tang Group, Inc., PO Box 689, Londonderry, VT 05148, USA (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

 

d. Arbitration Procedures

 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

e. Costs of Arbitration

 

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f. Confidentiality

 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

g. Severability

 

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

 

h. Future Changes to Arbitration Agreement

 

Notwithstanding any provision in this Terms of Service to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

 

General

These Terms of Service constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Middlesex County, Massachusetts. The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Company, but Company may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

 

Your Privacy

At Company, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

 

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Tang Group, Inc., PO Box 689, Londonderry VT 05148, or by telephone at (205) 990-6691.

Questions?  Concerns?  Suggestions?
Please contact us at service@tangapp.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.