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SML Payment Terms and Conditions

 

The following terms (these “Payment Terms”) govern payments you make or receive through www.SeeMyLegacy.com (the “Site”), operated by See My Legacy LLC (18500 Lake Road, Suite 220, Rocky River, 44116, United States).

 

See My Legacy LLC (18500 Lake Road, Suite 220, Rocky River, 44116, United States) processes card payments from the U.S. See My Legacy LLC is referred hereto as “SeeMyLegacy” “See My Legacy” “we” or “us”.

Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to See My Legacy’s General Terms of Service as applicable (collectively, the “Terms of Service”).

 

  1. Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service. 

Payment Services Provider(s) are service providers that provide payment services to Donors and Customers in connection with the See My Legacy platform, including with respect to collection of funds from Donors in connection with purchases, remittance and withdrawal of funds to Customers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with See My Legacy Balances.

Customer(s) are the customers of SeeMyLegacy who have paid for a Subscription and decided to activate the Payment Feature on any Item, and by doing so, and authorize SeeMyLegacy to collect funds from Donors on the Customer’s behalf.

Donor(s) are those who wish to adopt Items listed on the SeeMyLegacy site and issue payment to the Customer.

 

  1. General

Customers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Customers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.

Appointment as Limited Payment Collection Agent: Customer hereby appoints See My Legacy as Customer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Donor, and remitting those payments to Customer. Customer agrees that payment from Donor to See My Legacy shall be considered the same as a made directly to Customer. Donor’s payment obligation to Customer will be satisfied upon receipt of payment by See My Legacy (or its Payment Services Provider, as applicable), and See My Legacy (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Customer in the manner described in these Payment Terms. In the event that See My Legacy (via Payment Services Provider) does not remit any such amounts to Customer, the Customer will have recourse only against See My Legacy and not the Donor directly. Customer agrees that See My Legacy may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Donors that See My Legacy may deem necessary or prudent.

See My Legacy partners with Payment Services Providers for purposes of collecting payments from Donors, transferring such payments from Donors to Customers, and holding funds in connection with See My Legacy Balances. All payments services in connection with the withdrawal of funds on the See My Legacy platform are performed by See My Legacy’s Payment Services Providers.

The Customer will be required to provide additional information about their tax status, including but not limited to their Employee Identification Number (EIN), tax-exempt status, and any other information needed to provide applicable donation receipts to Donors.

  1. Payment Processor Providers

By utilizing the Payment Feature provided by See My Legacy, both Customers and Donors acknowledge and agree that the Payment Feature leverages third-party services, including but not limited to Stripe, Inc.

Customers and Donors utilizing the Payment Feature must adhere to the terms and policies of Stripe, Inc., the designated payment processor for payment links. These terms and policies can be found at [https://stripe.com/legal/privacy-center].

The Payment Processor (Stripe, Inc.) facilitates the clearing, settlement, and processing of transactions made through the Payment Feature. Customers and Donors understand that the Payment Processor operates as a separate entity, not affiliated with See My Legacy.

The Payment Processor's services enable Customers and Donors to accept payments and process transactions through designated payment methods, including but not limited to credit/debit cards, ACH, and digital wallets, for sales of products and services facilitated through Stripe's platform.

Customers and Donors agree to comply with all terms, conditions, and policies set forth by Stripe in connection with their use of the Payment Feature. Failure to comply may result in termination of access to the Payment Feature and potential legal action.

These third-party terms and conditions are hereby integrated into and form an integral part of See My Legacy's overall Payment Terms and Conditions. By utilizing the Payment Feature, Customers and Donors acknowledge and agree to be bound by both See My Legacy's terms and the terms of Stripe.

Any disputes arising from the use of the Payment Feature, including issues related to compliance with third-party terms and conditions, shall be governed by the laws of the State of Ohio and the Applicable Laws of the United States of America without regard to its conflict of law provisions.

By continuing to use the Payment Feature, Customers and Donors affirm their understanding of and consent to the integration of third-party terms and conditions as outlined above. If there are any questions or concerns regarding the application of these terms, please contact See My Legacy's customer support for clarification.

  1. Fees


Utilization of the Payment Feature provided by See My Legacy incurs fees for different payment methods. These fees are as follows: 3.4% for Credit/Debit Card transactions, 0.65% for ACH transactions (capped at $6.50) and 3.4% for Google/Apple Pay transactions. 

Customers and Donors acknowledge and agree that the specified fees will be applied to the total transaction amount processed through the Payment Feature.

See My Legacy ensures transparent disclosure of applicable fees associated with different payment methods to both Customers and Donors at the point of transaction initiation.

The fees outlined for each payment method are non-negotiable and will be deducted from the transaction amount before remittance to the Customer.

By initiating transactions through the Payment Feature, Customers and Donors accept and agree to the payment of the specified fees associated with their chosen payment method.

See My Legacy reserves the right to modify the fee structure for the Payment Feature at any time, with prior notice to Customers and Donors. Continued usage of the Payment Feature after such modifications constitutes acceptance of the updated fee structure.

Disputes or disagreements regarding fees associated with the Payment Feature shall be governed by the laws of the State of Ohio and the Applicable Laws of the United States of America without regard to its conflict of law provisions.

This fee policy forms an integral part of See My Legacy's overall Payment Terms and Conditions. By utilizing the Payment Feature, Customers and Donors acknowledge and agree to be bound by the terms outlined above regarding applicable fees. For further clarification or inquiries regarding fees, please contact See My Legacy's customer support.

 

  1. Disbursement

Weekly remittance of funds collected on behalf of the Customer is scheduled for Fridays, covering transactions and funds received from the preceding week. The Customer has the discretion to choose between two disbursement methods: receiving funds via check or through Automated Clearing House (ACH) transfer. The Customer will be required to provide necessary information to facilitate these disbursements, including account/routing numbers or check instructions. Funds collected during the preceding week will be disbursed to the Customer on the following Friday, subject to any delays or exceptional circumstances beyond See My Legacy's control.

See My Legacy is committed to ensuring accuracy in the disbursement process. However, in the event of any discrepancies or errors, the Customer agrees to promptly notify See My Legacy to rectify the issue.

See My Legacy shall not be held liable for any losses, damages, or inconveniences arising from delays or inaccuracies in the disbursement process, except in cases of gross negligence or willful misconduct.

The Customer may request changes to their preferred disbursement method by providing written notice to See My Legacy. Changes will be implemented promptly, subject to verification and processing timelines.

See My Legacy reserves the right to amend this Disbursement Policy at any time, with prior notice to the Customer. Continued use of the Payment Feature following such amendments constitutes acceptance of the updated terms.

This Disbursement Policy shall be governed by and construed in accordance with the laws of the State of Ohio and the Applicable Laws of the United States of America without regard to its conflict of law provisions.

 

  1. Taxes

 

See My Legacy may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount See My Legacy will be required to collect will be in addition to the purchase amount and any other fees payable by the Donor, and any amount See My Legacy will be required to withhold will be deducted from the Customer’s revenue, as required by applicable laws.

Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Donor before payment.

Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

 

  1. General Terms

 

See My Legacy may make changes to these Payment Terms from time to time. When these changes are made, See My Legacy will make a new copy of the terms available on this page.

You understand and agree that if you use See My Legacy after the date on which the Payment Terms have changed, See My Legacy will treat your use as acceptance of the updated Payment Terms.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SEE MY LEGACY NOR ANY PERSON ASSOCIATED WITH SEE MY LEGACY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL SEE MY LEGACY , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF CUSTOMER, SEE MY LEGACY AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF CUSTOMER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with See My Legacy, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.