- Who we are and how to contact us
- By using our Site you accept these terms
- Shieldpay App and API
- There are other terms that may apply to you
- We may make changes to these terms
- We may make changes to our Site
- We may suspend or withdraw our Site; No warranties
- You must keep your account details safe
- How you may use material on our Site
- Do not rely on information on our Site
- We are not responsible for websites we link to
- User-generated content is not approved by us
- When we are responsible for loss or damage suffered by you
- Rules about uploading content to our Site
- We are not responsible for viruses and you must not introduce them
- Rules about linking to our Site
- Governing law
- Your agreement to arbitrate disputes
- Our trademarks are registered
Who we are and how to contact us
Shieldpay.com is a site operated by Shieldpay Ltd (”We”). We are registered in England and Wales, United Kingdom under company number 10061792.
For the United States, the services offered on this website are through Shieldpay, Inc. Shieldpay Inc., the Shieldpay Program and the Shieldpay Service is sponsored by Community Federal Savings Bank to which Shieldpay, Inc. is a service provider.
For details about our regulatory registration please visit the regulatory notices section of our website.
By using our Site you accept these terms
Arbitration NOTICE. Except for certain kinds of disputes, you agree that disputes arising under these terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SHIELDPAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 18.)
If you do not agree to our terms, you must not use our Site.
Shieldpay App and API
We license the use of the Shieldpay App to you on the basis of this and all other Agreements that govern the use of the Site and our services, in addition to any rules and policies applied by any app store provider or operator whose sites are located at App Store. We do not sell the App to you. We remain the owners of the App at all times.
From time to time updates to the App may be issued through App Store to improve performance, enhance functionality, reflect changes to the operating system, address security issues or comply with our regulatory obligations. Depending on the update, you may not be able to use our services via the App until you have downloaded the latest version of the App and accepted any new terms.
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
In consideration of you agreeing to abide by these terms and any additional terms that govern the use of the Site, and our services, we grant you a non-transferable, non-exclusive, non-sublicensable licence to use the App on your device.
The use of our API is subject to a separate agreement. For more information or if you experience any issues with the App or you think it is faulty or mis-described please contact us at firstname.lastname@example.org.
We reserve all other rights.
There are other terms that may apply to you
- Our Privacy Notice, which sets out how we use, collect, process and store information about you and your use of our site;
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy;
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. Material modifications are effective upon your acceptance of the modified terms. Immaterial modifications are effective upon publication.
We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our Site; No warranties
Our Site is made available free of charge.
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SHIELDPAY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SHIELDPAY DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SHIELDPAY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR SHIELDPAY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SHIELDPAY ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SHIELDPAY does not disclaim any warranty or other right that SHIELDPAY is prohibited from disclaiming under applicable law.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright, trademark and patent laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on our Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the Site, including to bulletin boards, blogs and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the interactive service, you may contact our Designated Agent at the following address:
ATTN: Legal Department (Copyright Notification)
2nd floor, 34-37 Liverpool Street,
London, EC2M 7PP, United Kingdom
Please clearly identify your complaint in the subject matter so that our Designated Agent is able to respond appropriately.
Any notice alleging that materials hosted by or distributed through the interactive service infringe intellectual property rights must comply include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. Shieldpay will promptly terminate the accounts of users that are determined by Shieldpay to be repeat infringers.
When we are responsible for loss or damage suffered by you
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHIELDPAY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SHIELDPAY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Rules about uploading content to our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a licence to use, store and copy that content and to distribute and make it available to third parties.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org.
These terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. To the extent that these terms conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms shall remain in full force and effect.
Your agreement to arbitrate disputes
YOU AGREE TO SUBMIT ANY DISPUTE THAT ARISES UNDER OR RELATED TO THESE TERMS OR THE SITE BETWEEN YOU AND US OR CFSB (OR EITHER ENTITY’S EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS), OR BETWEEN YOU AND ANY OTHER USER, TO BINDING ARBITRATION. THIS MEANS THAT YOU WAIVE ANY RIGHT YOU HAVE TO FILE AN ACTION IN ANY COURT OF COMPETENT JURISDICTION AND WAIVE YOUR RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THESE TERMS.
Any arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) in accordance with its Revised Commercial Rules (2013), currently available at https://www.adr.org/rules, as such rules may be revised by the AAA, and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof.
The arbitral tribunal shall consist of a single arbitrator. The party initiating the arbitration proceeding shall, in the notice of arbitration, nominate an arbitrator duly qualified to preside, and if the other party does not object to the nominated arbitrator, such arbitrator shall preside. If the other party objects by giving written notice to the other party, and if the parties do not agree on an arbitrator within ten (10) calendar days of such notice of objection, then a qualified arbitrator shall be appointed by the AAA. “Qualified” for purposes of this provision means a person licensed to practice law in a U.S. jurisdiction, with experience advising financial institutions or arbitrating disputes involving financial institutions and with expertise in financial services laws and regulations. The place of arbitration shall be New York, New York, unless the parties agree to another location, and all proceedings and written submissions shall be in English. The arbitration award shall be final and binding. The parties waive any right to appeal the arbitration award, to the extent a right to appeal may be lawfully waived.
Notwithstanding this agreement to arbitrate, each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to seek temporary injunctive relief in any court with jurisdiction over the party against which the relief is sought (with such relief to extend only until the propriety of permanent relief can be decided by the arbitrator), (iii) to obtain other interim measures of protection prior to or pending arbitration, and (iv) to enforce any decision of the arbitrator, including the final award. Judicial assistance pursuant to this subsection may be sought in and of the courts located in New York, New York (and for purposes of provisions (ii) and (iii) exclusively in such courts), and the parties submit to the jurisdiction thereof. Injunctive relief shall be granted without the requirement of posting a bond.
Our trademarks are registered
Shieldpay is a registered trade mark of Shieldpay Ltd in the UK, Europe and the United States of America. You are not permitted to use our trademarks without our approval, unless they are part of material you are using as permitted under How you may use material on our Site, above.