Terms & Conditions
1.0. Upon payment of the specified transaction fees, LibertaGia agrees to provide "End User" a service that enables the right to use our services to deposit and/or transfer monetary funds as available in the said eWallet account. It should also be noted that intentionally denying or reversing the funding method used to fund your LibertaGia account is considered fraud and will be prosecuted to the fullest extent allowable by law.
2.0. Receiving/Sending Funds- LibertaGia provides you a secure medium to transmit payments. When you receive/send funds to/from your eWallet account, applicable transaction fees will be deducted for that transaction as listed in the fee schedule posted on the Site. User hereby non exclusively appoints I-payout as its agent for the limited purpose of facilitating payments on user's behalf.
3.0. LibertaGia Reputation-End User will maintain the value and reputation of LibertaGia to the best of its reasonable ability.
4.0. Notice of Errors-End User will immediately advise LibertaGia in writing of any errors in the Service.
5.0. Disclaimer of Warranties and Limitation of Liability – LibertaGia makes no representations or warranties of any kind with respect to the service and/or performance of the service; LibertaGia does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the service and/or the product in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the service and the product is assumed by the end user. LibertaGia shall not be liable to end user for any consequential or incidental damages arising from the breach of any payments or contracts, the failure of delivery, delay in delivery, delivery in nonconforming condition, the use of the service and/or the product, or for any other breach of contract or duty between LibertaGia and the end user. LibertaGia shall have no obligation to provide the Service, and shall have no liability to the End User in the event LibertaGia is unable, as may be determined in the sole discretion of LibertaGia: to make payment and or changes in methods of payment or operation that can make our service unsuitable for the end user.
6.0. Agreement - The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product or service, and the use of our Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the Service Agreement.
LibertaGia acts as a facilitator to help End User transfer payments to/from their eWallet account. We act as agent based upon the End User’s requests to use our Services that require us to perform tasks on their behalf. LibertaGia will at all times hold funds separate from its corporate funds, however, LibertaGia will never use its end users’ funds to cover its operating expenses or in any other corporate expense, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. End User acknowledges that LibertaGia is not a bank and the Service is a payment processing service rather than a banking service.
By initiating and sending payments through the Service or adding funds to your balance, you appoint LibertaGia as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate. When you send a payment, until that payment is settled, you remain the owner of those funds and LibertaGia holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
By receiving payments through the Service, you appoint LibertaGia as your agent to cause the funds to be deposited on your behalf in the pooled of LibertaGia until you further instruct LibertaGia with respect to the transmission of your funds. Through the Site, you may provide instructions to withdraw the funds or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement.
7.0. Service Advisory - Any and all claims or disputes relating to the service shall be governed by the laws of the United States of America. For the purpose of resolving conflicts relating to the service, LibertaGia and the End User agree that venue shall be in Fort Lauderdale, Florida only, and, in addition, the End User hereby consents to the jurisdiction of the federal courts of Broward County. LibertaGia may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of, the End User.
In the event that you Stop Payment on a Check, reverse a Bank or Wire Transfer previously scheduled to credit your eWallet account, your eWallet account will be charged a minimum of USD 25.00 or EUR 20.00 *
8.0. Purchase Advisory - LibertaGia assumes absolutely no responsibility for any purchases made through the LibertaGia system. At any time you join any Income Opportunity, or purchase a product or service you are doing so at your own risk and that by signing up and joining LibertaGia you do hereby agree in FULL that you release LibertaGia and all its affiliates and officers, employees, members and owners from ANY loss you may incur either by using this service, registering as an account holder or by signing up on one of the aforementioned type businesses, you completely indemnify LibertaGia and waive all your rights to file or have filed, any legal action of any type against LibertaGia, its owners, officers or members, employees and affiliates, and agree that LibertaGia, its officers, affiliates, members and employees will not be named by you or anyone, person, law firm, lawyer, former lawyer, that represents you in any legal actions Past, Present, or Future or any other actions of any sort IN ANY COURT IN THE COUNTRY and that you or anyone that represents you shall NEVER in any case seek monetary reimbursement from LibertaGia in any shape form or fashion, in ANY capacity due to our processing payments for any of the aforementioned types of businesses. We are a payment processor only; we have no control over our partners’ daily business operations. We do not issue refunds if the product, service or program turns out NOT to be what you thought it was, or if our partners do not hold up to their promises. You should thoroughly investigate any opportunity before making the decision to join or purchase a product or service.
Knowingly and Intentionally denying any credit or debit card transaction, bank wire or direct bank transfer used to fund your eWallet account with your authorization constitutes fraud and violates the laws governing this contract. Any such action will be prosecuted to the maximum extent allowable.
9.0. Account Information Policies-It is a mandatory use of this service that End User maintains full contact information in their profile at all times. Any account found at anytime not to have such information in the profile of the account will have the account suspended and all monies frozen for a period of 180 days to protect against any future chargebacks.
10.0. Compliance with Laws-End User will conduct business affairs in an ethical manner and in accordance with the terms and intent of this Agreement, and in compliance with all applicable laws and regulations.
11.0. Restricted Activities - your Information and your activities (including payments and receipt of payments) through our Service shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; consist of providing yourself a cash advance from your credit card (or helping others to do so), violate LibertaGia's Acceptable Use Policy; infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or create liability for us or cause us to lose (in whole or in part) the services of our system, also any website dealing with hacking, phreaking or any material of such nature will not be allowed. Violating any of the above terms will result in your account being suspended and any and all funds will be forfeited. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
12.0. Unacceptable Merchant Sites - LibertaGia does NOT accept pharmaceutical, tobacco, firearms, gambling, lottery or casino businesses of any kind and there are no exceptions!
13.0. Use of Services-End User shall not permit or authorize any other person or entity to use the Services without prior written consent of LibertaGia.
14.0. Fraud-End User shall not use the Services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction.
15.0. AML (Anti-Money Laundering Policy) - LibertaGia participates fully in all government regulated anti-money laundering policies. Suspicious large deposits in excess of $10,000 USD or CAD will be reported to appropriate government authorities. Members are required to keep their accounts and contact information current at all times. Any accounts found to contain incorrect and/or outdated information will be suspended and all funds held. Members wishing to use certain features of their account will be required to verify their identity via Government issued Photo ID or other appropriate documentation as required in the Verify Members’ Area. All submitted documentation is held in the strictest confidence. However, in cases of intentional abuse, any member participating, abetting or assisting in fraudulent and/or attempted fraudulent activities relinquishes any and all rights to privacy of personal information.
In compliance with the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) ("Act"), Pub. Law 107-56(2001), LibertaGia has adopted an Anti-Money Laundering (AML) compliance policy ("Policy") as set forth in the Board minutes of its respective financial related companies, dated September 2007 and updated on November 25, 2007; to incorporate the Final Rules issued by Financial Crimes Enforcement Network ("FinCEN") United States Department of the Treasury ("Treasury") in November 2007.
This policy applies to all LibertaGia, its officers, and employees, appointed producers and products and services offered by LibertaGia. All business units, including, without limitation, the LibertaGia, and locations within LibertaGia will cooperate to create a cohesive effort in the fight against money laundering. Each business unit and location have implemented risk-based procedures reasonably expected to prevent, detect and cause the reporting of transactions required under Title III, Section 352 and Section 326, of the Act. All efforts exerted will be documented and retained in accordance with the Act. The AML Compliance Committee is responsible for initiating Suspicious Activity Reports ("SARs") or other required reporting to the appropriate law enforcement or regulatory agencies. Any contacts by law enforcement or regulatory agencies related to the Policy shall be directed to the AML Compliance Committee.
It is the policy of LibertaGia to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. LibertaGia is committed to AML compliance in accordance with applicable law and requires its officers, employees and appointed producers to adhere to these standards in preventing the use of its products and services for money laundering purposes.
For the purposes of the Policy, money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets.
Generally, money laundering occurs in three stages. Cash first enters the financial system at the "enrollment" stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or traveler's checks, or deposited into accounts at financial institutions. At the "layering" stage, the funds are transferred or moved into other accounts or other financial institutions to further separate the money from its criminal origin. At the "integration" stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses.
Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later be used for criminal purposes.
There are signs of suspicious activity that suggest money laundering. These are commonly referred to as "red flags." If a red flag is detected, additional due diligence will be performed before proceeding with the transaction. If a reasonable explanation is not determined, the suspicious activity shall be reported.
LibertaGia is compliant in filing a SAR report (Suspicious Activity Report) when it knows and/or suspects that:
1. The funds come from illegal activity or disguise funds from illegal activity;
2. The transaction is structured to evade BSA (Banking Secrecy Act) requirements or appears to serve no known business or apparent lawful purpose; or,
3. Our services are being used to facilitate criminal activity.
Transaction based monitoring will occur within the appropriate business units of LibertaGia. Monitoring of specific transactions will include but is not limited to transactions aggregating or more and those with respect to which LibertaGia has a reason to suspect suspicious activity. All reports will be documented and retained in accordance with the Act.
16.0. CLOSING EWALLET ACCOUNTS AND LIMITING ACCOUNT ACCESS
The term of this Agreement shall begin as of the moment of End User’s acceptance of the terms hereof and shall continue so long as use of the Site or Services, unless terminated pursuant terms hereof.
LibertaGia reserves the right to limit access to making withdrawals from an eWallet account, and the right to terminate this Agreement with no prior notice to you for any one of the events listed below:
1. Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by End User to their credit card company that a transaction was unauthorized or that account was compromised, and is done in order to protect you from further unauthorized use of your card.
2. Reports of unauthorized or unusual bank account use associated with the account.
3. The account has been used in or to facilitate fraudulent activity.
4. Violations of this End User Agreement.
5. Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number.
6. Submitting modified/forged Verification documents.
7. Any breach hereof.
LibertaGia will use reasonable efforts to investigate eWallet accounts that are subject to account access limitations and to reach a final decision on the limitations promptly. Should the eWallet account be restricted, all funds will be held for a period of time until the issue can become resolved. However depending on the reason of restriction, it may be held for a lesser period which will be determined at the discretion of the Account Specialist. By following the LibertaGia User Agreement, the End User can help protect his account from being limited.
BY ACCEPTING BELOW AND USING THIS SERVICE, I ACKNOWLEDGE AND AGREE THAT I-PAYOUT AND ITS AFFILIATES, EMPLOYEES,
OFFICERS, DIRECTORS AND OWNERS (COLLECTIVELY), ARE NOT LIABLE FOR AND I OTHERWISE RELEASE THEM FROM ANY LIABILITY RELATED TO
ACTIONS OR INACTIONS OF LibertaGia, ANY BANK OR THIRD PARTY THAT RESULTS IN THE LOSS, LACK OF PAYMENT, INSUFFICIENT FUNDS,
SUSPENSION OR ANY OTHER UNAVAILABILITY OF MONIES DUE TO ME OR OTHERWISE DESIGNATED FOR MY BENEFIT. I AGREE TO HOLD ONLY LibertaGia
LIABLE FOR ANY SUCH LOSS, LACK OF PAYMENT, INSUFFICIENT FUNDS, SUSPENSION OR ANY OTHER UNAVAILABILITY. I UNDERSTAND THAT I-PAYOUT IS
PROVIDING THE SUPPORT AND TECHNOLOGY, AND NOT THE MONIES OR FUNDS DUE TO ME OR OTHERWISE FOR MY BENEFIT.
For SMS messaging of transaction codes and payment notifications to US mobile numbers, the following information applies:
Description: Notifications and Access Codes
Security access codes and payment notifications will be sent to your cellphone.
Message and data rates may apply.
1 message per request.
Text HELP to 67082 for further information and help.
Text STOP to 67082 to cancel.
Customer Care (US) 0877 260 3952
Terms and Conditions (http://usa.bulksms.com/w/terms_and_conditions.htm)
See section 5.7.
* Rates are subject to change without prior notice depending on the current USD/EUR foreign exchange rate.