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Payment Terms

Effective 1st January 2025

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If you are under the age of eighteen (18), or age of majority in the state or country of your residence, you may only use payments features through The FlyTribe Products with the involvement of your parent or guardian. Make sure that you review the Payments Terms with your parent or guardian so that you both understand all of your rights and responsibilities.

We have provided some section headers for your convenience, but you should carefully read through these Payments Terms (the "Payments Terms") in order to understand your rights and responsibilities, as well as ours.

Capitalised terms used, but not defined herein, shall have the meaning set forth in our Terms of Service ("Terms").

By agreeing to these Payment Terms and if you are a business entity, you represent and warrant that a) you are duly authorised to do business in the country or countries where you operate; b) your employees, officers or representatives accessing payment services through The FlyTribe Products are duly authorised and able to legally bind you to these Payment Terms and all payment transactions conducted under your username and password; and c) your access and/or use of  The FlyTribe Products are for solely or primarily for business or commercial purposes, and not for personal, family or household purposes. 

 

When you make payments or store a payment instrument through The FlyTribe Products, you agree that we may communicate with you electronically any important information regarding your payments, transactions or your account. 

Protecting the privacy of your financial information is important to us. Please review The FlyTribe Privacy Policy to learn more about what information we share, what we do not share and how we keep your information safe. 

 

1. Making Payments 

  1. Payment transactions. When you make a payment or store a payment instrument through The FlyTribe Products, you agree to be bound by these Payments Terms and to provide a valid payment instrument. When you successfully add your payment instrument to your account (see Section 2 below), we will allow you to initiate a payment transaction using the payments features through The FlyTribe Products. For clarity, a payment instrument includes a credit card, debit card, bank account number and other payment methods that enable electronic funds transfers, debits and credits as expressly permitted by The FlyTribe from time to time. 

  2. Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees and delivery costs, all of which you are responsible for paying. You are responsible for providing us with true and accurate information about you and your business for tax and compliance purposes. We may obtain information about you/your business from third parties for tax and compliance purposes. 

  3. Extra terms. You may be presented with additional terms before you confirm the transaction (such as delivery terms for tangible goods). By proceeding with or confirming the transaction, you agree that those additional terms will also govern that transaction. 

  4. Foreign Exchange. If your transaction requires a currency exchange, we will use the most recent foreign exchange rates sourced by one or more external vendors. We aim to upload files from our vendors with the current exchange rates into our system on a daily basis. However, these processes could be delayed or fail for any number of reasons. If this happens, the foreign exchange rates used will be the ones from the last file received, typically, the ones from the previous day.

  5. Recurring Payment Transactions; Subscriptions. If you purchase an auto-recurring periodic subscription from Us, you authorise us to bill your payment instrument immediately and then again at the beginning of each subscription period, according to the applicable subscription terms and until you've cancelled your subscription. Cancellations will apply to the next billing period. Except as otherwise set forth in the terms of your subscription, the following terms apply for subscriptions purchased using payment services through The FlyTribe Products: 

    1. If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period. To avoid any charges, you must cancel before the end of the trial period. 

    2. We will continue to bill your payment credential each subscription period until you've cancelled. To avoid being charged your next subscription payment, you must cancel at least 24 hours before your next scheduled payment date. 

    3. If you cancel a subscription, you will still have access to the app or feature that you subscribed to until the end of the subscription period. You will not receive a refund for the current billing period, except in the event of defect or as otherwise set out in any applicable subscription terms. 

    4. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, we will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days prior notice before the change has been made. If you are given less than 10 days prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription in the manner described in the applicable subscription terms. 

    5. This Section 5 does not apply to subscriptions purchased from a third party through any of The FlyTribe Products. Any such subscription terms, including cancellation and subscription period are between you and the third party from whom you purchased your subscription, and you should contact that third party, and not The FlyTribe, for any questions related to your subscription. Notwithstanding the foregoing, when using The FlyTribe Products and making a purchase using Apple in-app purchase ("Apple IAP") functionality integrated into The FlyTribe Products, you hereby grant The FlyTribe the right to initiate refunds on your behalf to Apple, Inc. ("Apple") for any purchase and payment transactions, including non-recurring transactions, made using Apple IAP. This includes, but is not limited to, refunds due to errors, disputes or customer services issues, and fraudulent transactions. Refunds will be initiated under circumstances deemed necessary by The FlyTribe. All refunds initiated by The FlyTribe on your behalf will comply with Apple's refund policies and applicable laws and regulations. You acknowledge and agree that The FlyTribe will not be held liable for any losses or damages resulting from refunds initiated by us on your behalf to Apple. 

  6. Advertising/Other Services: You authorise us to use the payment instruments to purchase ads, marketing services or other services. Depending on the payment option, we will automatically bill your payment instrument(s) upon the due dates or when your payment threshold or limit is met. 

  7. Payments to Developers. We serve as a limited payment collection agent for some developers offering content through The FlyTribe Products, and we are authorised to accept payment from you on behalf of those developers for purchase of that content. Your full payment to us of the transaction price for a developer's content constitutes payment to that developer and satisfies your payment obligations to that developer for the purchased content.

  8. Donations. If you make a donation to a charity through The FlyTribe Products, the following terms apply: 

    1. Donations made to the PayPal Giving Fund ("PPGF"), including in the US, Canada, Australia, Ireland and the UK. PPGF is a registered public charity, which means your donation will be made to PPGF and not directly to your designated charity. Donations are processed by PayPal, PPGF's third-party service provider and received by the PPGF entity registered in the associated country, subject to PPGF's Terms and Policies. Each time that you make a donation to PPGF through The FlyTribe Products, you agree to PPGF's Terms and Policies. When you make a donation to PPGF, you are recommending that PPGF make a corresponding grant to the designated charity in the amount of your donation. PPGF will grant the funds you donate to your designated charity in accordance with their policies. PPGF will email you an official donation receipt for tax records. You agree that we do not make any endorsements or representations about PPGF or your designated charity and are not liable for PPGF's or your designated charity's acts or omissions.

    2. When you make a donation, you acknowledge that you make this donation as a charitable contribution and that you are not receiving any goods or services in return. As the tax laws vary by state and by country, please consult a tax professional regarding the deductibility of this donation. We make no representations or warranties with respect to the charitable status of a charity or eligibility for any tax-related benefits or deductions arising out of a donation.

    3. We reserve the right to refuse to process your donation if the designated charity fails to comply with our terms and policies, including our Charitable Donation Terms. If we refuse to process a donation, you may be entitled to a refund to the extent required by applicable law. 

    4. Fundraising campaigns to benefit charities may be created by users ("Fundraiser Creators"). If a Fundraiser Creator pledges to match donations to a fundraising campaign, you acknowledge that we do not guarantee that the Fundraiser Creator will fulfil the pledge. If you donate to a charity through such a fundraising campaign, you will not be entitled to a refund of your donation on the basis that the Fundraiser Creator did not fulfil the pledge.

    5. If you agree to make donations on a recurring basis, you authorise us to store your payment instrument and bill immediately for the first donation, and then again at the beginning of each recurring donation period. We will continue to charge your payment instrument automatically each recurring donation period until you've cancelled, which you can do so at any time on your Account settings page. To avoid being charged your next donation, you must cancel at least 24 hours before your next scheduled donation. 

    6. You agree that we are not making any endorsements or representations about the charity and are not liable for their acts or omissions. 

    7. We may make available to you the ability to cover certain fees in connection with your donation. To the extent that you agree to cover such fees, the total amount charged to you will include both the donation amount and such fees. 

  9. No Warranties. UNLESS OTHERWISE EXPLICITLY PROVIDED BY US IN WRITING FOR A PARTICULAR PRODUCT OR SERVICE, AND FOR THOSE PRODUCTS AND SERVICES THAT YOU PURCHASED THAT ARE SOLD BY THIRD PARTIES, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED OR SOLD ON OR THROUGH THE FLYTRIBE PRODUCTS. 

2. Payment Methods

  1. Payment instrument. For your convenience, we may allow you to fund your transactions using a number of different payment instruments, such as credit cards, and debit cards. You can store your payment instrument, and you can add, update or remove payment instruments to or from your account at any time through your settings. Any refund that we owe to you may be credited to the same payment instrument that you used for the original payment transaction. If your original payment instrument is no longer available, we reserve the right to credit your refund to another payment instrument in your account or by other means that we deem appropriate. You agree to keep your stored payment instruments(s) up to date. If we participate in a card account updater service, you authorise us to contact your card issuer or card network to obtain up-to-date information about your payment instrument, and to automatically update your payment instrument, including your account number or expiration date, if such information is available. 

  2. Your Authorisation. When you fund your transaction or provide us with a payment instrument, you confirm that you are permitted to use that payment instrument or have permitted a user to use the payment instrument. When you fund or initiate a transaction, you authorise us (and our designated payment processor) to charge up to the full amount to your payment instrument. Where necessary to process your transactions with third-party merchants through The FlyTribe Products, you permit us to share your payment instrument details and other information necessary to process your payment, with the merchant, their commerce services platform and their payment processors. In accordance with 2.1 above, you also authorise us to collect and store that payment instrument, along with other related transaction information. 

  3. Pre-authorisation hold. If you pay by credit or with debit card, we may obtain a pre-authorisation from the issuer of the card for an amount, which may be as high as the full price of your payment. Such pre-authorisation may appear as a "hold" on your credit card or funds associated with your debit card. Your card will be charged at the time that a payment is initiated, or shortly thereafter. If you cancel a transaction before completion, this pre-authorisation may result in credit or funds not being immediately available to you until your issuer has released the hold. 

  4. Failed payments. If your transaction results in an overdraft or other fee from your card issuer or bank due to going over your credit limit or having insufficient funds in your account, your card issuer or bank may charge you a fee, and you alone are responsible for that fee.

  5. Incompatibility. You may at some point encounter an app or feature that does not support the payment method you would prefer to use; however, you can select a different type of payment instrument (such as credit or debit card, or mobile operator billing).

  6. Boleto (prepaid). If you use Boleto as a payment method, you consent to the following applicable risks and other terms:

    1. Refunds. Due to technical limitations, we are ONLY able to provide refunds by making a bank transfer into a bank account. If you make a purchase with Boleto and later request a refund for any reason, you MUST have a bank account in order to receive the refund. Bank account information provided when requesting a refund should be the same information as on the ad account. Click here for more information about the refund process.

    2. Safety. We may delay or limit the availability of your purchase, for either safety reasons or to make sure that we possess all relevant information necessary to process the payment and deliver to you what you have paid for.

    3. Information. You agree and consent that we will store your tax ID (CNPJ/CPF). We may use your tax ID to obtain additional information about you, necessary to process the payment, from the federal tax ID registration database provided by the Brazilian government, via a third-party processor. We will also submit final tax documents to the Brazilian government as required.

  7. If you are an advertising agency in Brazil, you cannot use any credit line issued by us to an advertiser to advertise on behalf or interest of any third party. Credit lines issued to advertising agencies can only be used directly by the advertising agency for the advertising agency's own benefit or interest.

3. Actions We May Take

  1. At-will use. (a) We may revoke your eligibility to make payments through The FlyTribe Products at any time at our sole discretion. (b) For consumers and small businesses in Australia, we may revoke your eligibility to make payments through The FlyTribe Products at any time, acting reasonably, including if (i) you have materially breached these Payment Terms; (ii) we are required by law or a regulatory authority to do so; or (iii) if it is reasonably necessary to protect our legitimate interests. 

  2. Enquiries. By using payments features through The FlyTribe Products, you acknowledge and agree that we may make any enquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

  3. Our right to cancel. We may cancel any transaction if we believe that the transaction violates these Payments Terms or the Terms, or if we believe that doing so may prevent financial loss. We may also cancel any Advertiser Balance accumulated, transferred, assigned or sold as a result of fraudulent or illegal behaviour.

  4. Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, limit payment instruments for a transaction, limit your ability to make a payment or deactivate your account. 

  5. Sharing of information. In order to prevent financial loss to you or to us, we may contact your payment instrument issuer, law enforcement or affected third parties (including other users) and share details of any payments that you are associated with, if we believe that doing so may prevent financial loss or a violation of law and/or our policies. As further detailed in the applicable privacy policy, we also share information with third parties such as payment service providers, including information required to complete your transaction, such as order, payment, contact and delivery information.

  6. Abandoned Property. If you leave an Advertiser Balance unused for the period of time set forth by applicable laws for unclaimed property, or if you delete your account and you did not breach applicable terms or policies, and leave an Advertiser Balance, or if we deactivate your account for reasons other than for your breach of the applicable terms or policies, and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your Advertiser Balance in accordance with our legal obligations, including by submitting funds associated with your Advertiser Balance to the appropriate governing body as required by law.

  7. Foreign Exchange. If your transaction requires a currency exchange, we will use foreign exchange rates provided by one or more external vendors. We aim to upload files from our vendors with the current exchange rates into our system on a daily basis. However, these processes could be delayed or fail for any number of reasons. If this happens, the foreign exchange rates used will be the ones from the last file received, typically, the ones from the previous day.

4. Disputes and Reversals 

  1. Customer assistance. Subject to Sections 4.2, 4.3, 4.4 and 4.5 below, we provide various tools in our Support Centre to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.

  2. No liability for underlying transaction. If you enter into a transaction with a third party and have a dispute over the goods or services that you purchased or over the donation you made, we have no liability for the goods or services underlying the transaction or for how the third party used your donation. Our only responsibility is to handle your payment transaction. All payments are final unless otherwise required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your payment.

  3. Fraud Warning. Use of The FlyTribe Payments to perform fraudulent activities or transactions may result in the loss of funds with no recourse.

  4. Duty to notify us. (a) If you believe that an unauthorised or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction. (b) For consumers and small businesses in Australia, if you believe that an unauthorised or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. 

  5. Intervention. We may intervene in disputes concerning payments that may arise between you and a developer or a merchant, but we have no obligation to do so. 

  6. Technical difficulties. If you experience a technical failure or interruption of service that causes your payment to fail, you may request that your transaction be completed at a later time.

5. Notices and Amendments to these Payments Terms 

  1. Notice to you. By using payments features through The FlyTribe Products, you agree that we may communicate with you electronically any important information regarding your payments or your account. We may also provide notices to you by posting them on our website, sending them to you through an in-app notification or by sending them to an email address or street address that you previously provided to us. All notices shall be considered received by you within 24 hours of the time posted or sent; notices by posted shall be considered received within three (3) working days of the time sent. 

  2. Notice to us. Except as otherwise stated, you must send notices to us relating to payments through The FlyTribe Products and these Payments Terms by email: enquiries@theflytribe.world

  3. Amendment guidelines. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time that you confirm a transaction will govern that transaction.

6. Additional Terms 

  1. Terms of Service and conflict of terms. Our Terms of Service ("Terms") apply to your use of payments features through The FlyTribe Products. In the event of any conflict between these Payments Terms and the Terms, the Payments Terms shall prevail. You may be subject to additional third-party Terms and Conditions, which are hereby incorporated by reference. Such terms may include terms from Apple or Google for purchases of The FlyTribe Products made through their services. You are solely responsible for compliance with such third-party terms. 

  2. Conflict of laws. Some countries may restrict or prohibit your ability to make payments through The FlyTribe Products. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.

  3. Courtesy translations. These Payments Terms were written in English (UK). To the extent that any translated version of these Payments Terms conflicts with the English (UK) version, the English (UK) version controls.

  4. Trade sanctions. You must not use payments features through The FlyTribe Products in connection with activities, individuals or entities that are located in a country or region that is embargoed by the United Kingdom or that would otherwise violate applicable UK or non-UK trade sanctions.

  5. "Us". The following are the entities to which "us", "we" or "our" refer:

    1. To the extent that you initiate a payment through The FlyTribe Products, or we initiate a debit or charge to your payment instrument, these Payment Terms are between you and The FlyTribe Limited.

    2. Storing a payment instrument. 

To the extent that you store a payment instrument with us through The FlyTribe Products, The FlyTribe Limited is responsible for storing your payment instrument under these Payment Terms and the Privacy Policy also applies. 

  1. The FlyTribe Limited may designate other legal entity(s) to collect funds from and provide certain related services in its (their) own name to certain users on behalf of The FlyTribe Limited. The FlyTribe Limited may also designate other legal entity(s) as an intermediary/platform operator for VAT/GST purposes (and other similar taxes as determined) to the extent legally permissible under applicable tax regulations, to authorise the charge to users, issue invoices to users and collect payment from certain users relating to the delivery of certain products/services. The FlyTribe Limited may also designate other legal entity(s) as the responsible party(s) to charge, collect, report and remit applicable VAT/GST (and other similar taxes as determined) on the supplies of certain products/services to users to tax authorities in the relevant jurisdictions. 

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