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Terms and Conditions of Use

These websites and mobile applications are the property of Sapphire Interactive K.K. All references to “Saifoo” refer to Sapphire Interactive property, its subsidiaries and affiliated companies. This page (together with the documents referred to on it) sets out the terms and conditions for use of these websites and mobile applications.

 

Saifoo is not a bank or financial institution; Saifoo is a mobile app offering families the ability to send, receive, segregate and save funds and to make purchases with participating vendors. Saifoo is an independent contractor for all purposes, and is not your agent or trustee. Saifoo does not offer any products or paid services, but may act as the vendor-of-record for purchases made through the Saifoo Payment Service. Saifoo does not have control of, or liability for, the products or services that are paid for with the Saifoo Payment Service. At Saifoo, trust is our highest priority.

 

We commit to protecting your personal information with the highest levels of security. We monitor every transaction to help prevent against fraudulent transactions and email phishing. Every transaction is heavily guarded behind our encryption layer. If anything seems suspicious, our dedicated team of security specialists will help protect you from fraudulent transactions. You are solely responsible for maintaining the confidentiality of your Saifoo Account ID, passwords and any other means that you may from time to time have to access the application. If you share these credentials with any other person, they may be able to get access to your personal and payment information available through your Saifoo Account and/or the Saifoo Payment Services. All transactions will be monitored by Saifoo for any suspicious or inappropriate activity.

 

These Terms and Conditions of Use govern your access to and use of your Saifoo Account and the Saifoo Payment Service only as between Saifoo and you. Your wireless carrier and other third party services or websites accessed through your Saifoo Account or the Saifoo Payment Service may have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are also subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective websites.

 

Call us immediately at the telephone number posted on our website or mobile app if you believe your Supported Mobile Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your Saifoo Account credentials without authorization.

 

Important: Before you open a Saifoo account you will have to take notice and accept these Terms and Conditions of Use. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE CREATING, ACTIVATING OR USING YOUR Saifoo ACCOUNT OR Saifoo PAYMENT SERVICE, BECAUSE BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT CREATE, ACTIVATE OR USE A Saifoo ACCOUNT OR Saifoo PAYMENT SERVICE.

Terms and Conditions of Use
1. General Provisions

1.1 These Terms and Conditions of Use are a legal agreement between you and Saifoo. They apply to you and anyone you authorize to use your Saifoo Account and govern all transactions, funds transfers, purchases, or charitable donations made though the Saifoo mobile app, www.Saifooapp.com or any other website operated by Saifoo, or the Saifoo Payment Service.
1.2 Our services are intended for individuals or families, with parental control and guidance for Accounts held by children under 18 years of age. You must have the power, authority and capacity to accept these Terms and Conditions of Use. If you are a minor under the laws of the jurisdiction in which you enter into this agreement (under 18 in most states), you must have obtained parental or guardian consent, and by creating or using a Saifoo account or the Saifoo Payment Service, you acknowledge and agree that you have received that consent.
1.3 In the event that a minor becomes an adult after turning 18 years of age, he or she may apply for his or her own Master Account while maintaining his or her co-account, or by converting his or her co-account to a Master Account with the prior written approval by the parent(s) or guardian holding the Master Account and subject to approval by Saifoo.
1.4 Assignment—You may not transfer or assign any rights or obligations you have under these Terms and Conditions of Use without Saifoo’s prior written consent. Saifoo reserves the right to transfer or assign any right or obligation under these Terms and Conditions of Use at any time.
1.5 Saifoo reserves the right to exclude its Account Holders from using its mobile app and/or or the Saifoo Payment Service if their primary residence is located in a country in which the services that are being offered are not permitted or if Saifoo reasonably doubts a customer’s identity or his/her authority (e.g. as a parent or legal guardian) to open and maintain Accounts on behalf of a minor. For example, Saifoo may require proof of identity and/or child custody or guardianship before an Account may be opened or continued access to an Account is permitted.
1.6 Saifoo also reserves the right to exclude or ban access to any third-party websites, mobile apps, or games, and/or to block purchase transactions for products and services, which it reasonably deems to be unlawful or inappropriate for minors, including but not limited to alcohol, tobacco, or adult-oriented products.
1.7 Saifoo does not offer any products or paid services, but may act as the vendor-or-record for any purchase transactions.
1.8 As a general rule, a Purchase Agreement shall be formed when the Account Holder makes a request for and Saifoo sends the Account Holder a Saifoo Card number or other payment authorization. After a Saifoo Card number is sent or a payment is otherwise made, an Account Holder may challenge the validity of the transaction, which may be subject to cancellation. Returns/refunds for all valid/accepted purchases are subject to the return/refund policy of the underlying merchant.
1.9 Saifoo reserves the right to limit the number or amount of Accounts or purchase transactions which an Account Holder may request.
1.10 Saifoo may employ third parties as agents for the purpose of completing any funds transfers or purchase transactions. Each Account Holder hereby consents to this in advance.
1.11 These websites and mobile applications, including without limitation the design, text, graphics, software compilations, and underlying source code, are the property of Saifoo. Permission is granted to make electronic copies and to print in hard copy, portions of these websites and mobile applications for the sole purpose of researching or using the services of Saifoo. Any other use of materials on these websites and mobile applications without the prior written permission of Saifoo is strictly prohibited, including but is not limited to modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any materials available on or through these websites and mobile applications for commercial purposes.
1.12 Certain links within www.Saifooapp.com connect to other websites maintained by third parties over whom Saifoo has no control, and such links are provided for reference and information purposes only. Specifically, such a link does not constitute authorization to access such other website, nor does it constitute any endorsement by Saifoo of any material posted on such other website, nor any representation as to the accuracy of information contained within such other website. Saifoo specifically disclaims any responsibility or liability for access to, or the material on, any website which is linked from or to www.Saifooapp.com.
1.13 You undertake and agree with Saifoo that you shall at all times use all reasonable efforts to observe and perform these Terms and Conditions of Use, and in particular shall not (and shall not permit any other person to)use the Saifoo app for any illegal purpose, and you agree to use it in accordance with relevant laws in any applicable jurisdiction (including, without limitation, your local law);
upload or transmit through any Saifoo website or mobile app any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
use any Saifoo website or mobile app in a way that may cause it to be interrupted, damaged or rendered less efficient, or may impair its effectiveness or functionality;
use any Saifoo website or mobile app in any manner which violates or infringes the rights or any person, firm or company (including but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

1.14 Communication—As a condition to activating and using your Saifoo Account, or the Saifoo Payment Service, you consent to receive certain messages on your Supported Mobile Device (i.e., SMS, MMS) from us. You also agree to receive notices and other communications from Saifoo by email to the email address on file for the relevant Account, posting within your online Account, or through the text messaging capabilities of Saifoo. To update the contact information we have on file for you, please go to the Saifoo mobile app, www.Saifooapp.com, or call the telephone number posted on our website or mobile app. You understand and agree that if Saifoo sends you an electronic communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Saifoo will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Saifoo to your email address book so that you will be able to receive the communications we send to you.

2. Funds Transfers

2.1 Account Holders may initiate and replenish a Saifoo Account by bank transfer, PayPal, or credit card. When you use your bank account to initiate a funds transfer, you are requesting an electronic transfer from your bank account. For these transactions, Saifoo will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your authorization to Saifoo to make the transfer. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer.
2.2 You may establish recurring funds transfers in which you pre-authorize automatic payments to a Saifoo Account on a regular or periodic basis. You may stop a pre-approved funds transfer at any time up to 3 business days before the date of the next scheduled transfer by notifying Saifoo and/or your bank, PayPal or credit card issuer. To stop a pre-approved funds transfer by notifying Saifoo, you must access the My Preapproved Payments section of your Account Profile and follow the links to stop the payment.
2.3 Funds transfers may also be accepted from approved Contributors. An Account Holder is not required to accept any funds transfers from any Contributor. You agree that you will not hold Saifoo liable for any damages resulting from an intended Account Holder’s decision not to accept a funds transfer. Any unclaimed or denied funds transfer will be returned to Contributor to the original payment method. We will return any unclaimed or denied funds transfer within 30 days of the date the transfer was initiated.
2.4 Saifoo will automatically notify you of any requests to transfer funds to your account.
any unauthorized or unapproved transfers will be rejected and the funds returned to the sender; once accepted into the Account, refunds/return of funds will only be allowed with the Account Holder’s approval; or to comply with any legal requirements.
2.5 A Parental Account Holder may pre-approve a Contributor(s), transfer amounts and/or frequency for/to each co-account Holder, or elect turn off the pre-notification feature and accept all funds transfers from any Contributor, in any amount, or any frequency.
2.6 Account Holders will be able to receive a transactional alert for each funds transfer by SMS or email, view his or her funds transfers online, and/or receive periodic statements of funds transfer activity.
2.7 Saifoo is not a bank. All Account activity will be held in secure financial records held by Saifoo behind our next-level encryption.
2.8 Any funds transferred to your Account represent an unsecured claim against Saifoo and is not insured by the FDIC. Saifoo will combine your funds transfers with the funds transfers of other Account Holders and will hold those funds in bank accounts and/or liquid investments. Saifoo will own the interest or other earnings on pooled funds transfers. Saifoo will hold pooled funds transfers separate from its corporate funds and will not use any of the Account Holders’ funds transfers for its operating expenses or for any other corporate purposes. Saifoo will not voluntarily make Account Holders’ funds transfers available to its creditors in the event of bankruptcy.
2.9 You may withdraw funds from your Account by requesting a credit to the same means of payment as you used for your last funds transfer, e.g. an electronic transfer to your bank account, or a physical check through the mail. Funds may only be withdrawn in U.S. Dollars. We will send checks only to you at a confirmed address, e.g. we may request you provide Proof of Identity (e.g. a digital copy of a government issued form of identification such as a drivers license) and Proof of Residence (e.g. official documentation of your residential address such as a recent utility bill). We will not send checks to P.O. Boxes. Saifoo will send you the full amount of the funds requested for withdrawal, without undue delay, and not later than 14 days from the day on which we receive your withdrawal request. If you fail to cash a check within 180 days of the date of issuance, we will return the funds to your Account.

3. Purchase Transactions

3.1 The Saifoo Payment Service enables you to create digital Saifoo Cards or other payment methods on your Supported Mobile Device that will permit you to use your Supported Mobile Device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a Saifoo Card or other payment methods and (ii) in-app or other digital commerce payments at merchants participating in the Saifoo Payment Service. You agree to use the Saifoo Card or other payment methods only with a Supported Mobile Device properly equipped with the Saifoo mobile app and to comply with all terms and conditions applicable to the Saifoo Payment Service.
3.2 When you request a Saifoo Card or other payment, you are providing an authorization to Saifoo to deduct the requisite funds from your Account and process your payment. If your payment requires a currency conversion, the exchange rate, will be determined at the time the merchant processes your payment and completes the transaction.
3.3 All purchase transactions must be paid for in advance from available funds held in your Saifoo Account. Saifoo shall not charge the Account Holder any fees for purchase transactions using the Saifoo Payment Service.
3.4 When you create a Saifoo Card to use with the Saifoo Payment Service, certain account information may be transmitted to your Supported Mobile Device to facilitate your participation in the Saifoo Payment Service. Once the account information for a Saifoo Card has been transmitted to your Supported Mobile Device, it is represented by a Saifoo Card within the Saifoo Payment Service. By selecting a Saifoo Card and placing your Supported Mobile Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using a Saifoo Card for an in-app purchase, you are authorizing the payment for the merchant’s products or services with that Saifoo Card through the Saifoo Payment Service. Once created, a Saifoo Card may work even if you do not have wireless service. To complete transactions above a certain dollar amount, some merchants may require presentation of government-issued form of identification for inspection to authenticate your identity.
3.5 Account Holders will be able to receive a transactional alert for each purchase transaction by SMS, MMS or email, view his or her transactions online, and/or receive periodic statements of aggregate transactional activity.
3.6 Saifoo does not make any representations or warranties for products and services offered by any merchant.
3.7 If a problem arises with a product or service you purchased through use of a Saifoo Card or the Saifoo Payment Service, you first should try to resolve the problem directly with the merchant, but you may also have rights under this Agreement or otherwise under applicable law.
3.8 A Saifoo CARD AND THE Saifoo PAYMENT SERVICE ARE LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS OF USE. Saifoo RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
You are granted a non-sublicensable, non-transferable, personal, limited license to install and use a Saifoo Card or the Saifoo Payment Service on your Supported Mobile Device solely in accordance with these Terms and Conditions of Use. The license is limited to use on any Supported Mobile Device that you own or control and as permitted by any applicable third party agreements. Such license does not allow you to use a Saifoo Card(s) or the Saifoo Payment Service on any device that you do not own or control (or for which you do not have authorization to install or run a Saifoo Card or the or the Saifoo Payment Service, and you may not distribute or make any Saifoo Card or the Saifoo Payment Service available over a network where it could be used by multiple devices at the same time.
Certain software that Saifoo uses to provide Saifoo Card(s) or the Saifoo Payment Service has been licensed from third parties (each a “Third Party Licensor”) that are not affiliated with Saifoo. This limited right to use such software is revocable at the discretion of Saifoo. Saifoo and its Third Party Licensors retain all right, title and interest in and to the software used by Saifoo to provide Saifoo Card(s) or the Saifoo Payment Service and any modifications and updates thereto. You agree that you will not use any third-party materials associated with Saifoo Card(s) or the Saifoo Payment Service in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third party intellectual property marks, including the logos of merchants, are the property of their respective owners.
You may not rent, lease, lend, sell, redistribute or sublicense a Saifoo Card or the Saifoo Payment Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Saifoo Card or the Saifoo Payment Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with a Saifoo Card or the Saifoo Payment Service). Any attempt to do so is a violation of the rights of Saifoo and its Third Party Licensors. If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages. The terms of the license will govern any upgrades provided by Saifoo that replace or supplement any Saifoo Card or the Saifoo Payment Service, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Saifoo Card or the Saifoo Payment Service or change the Account enrollment process.
Your rights will terminate automatically without notice from Saifoo if you fail to comply with these Terms and Conditions of Use or if we terminate your Saifoo Account.
3.9 Saifoo shall be entitled to ban purchase transactions from websites or mobile apps or for games, products or services, which it reasonably deems to be unlawful or inappropriate for minors, including but not limited to alcohol, tobacco, or adult-oriented products.

4. Parental Accounts

4.1 Each Saifoo Account will be owned and controlled by the Account Holder of the parental (guardian) account or Master Account.
4.2 Each Account is deemed to be a personal account on behalf of the Account Holder, which means that only individuals are allowed to create an Account and only the Account Holder is allowed to use it. An Account is not transferrable, unless pre-approved in writing by Saifoo.
4.3 The Master Account Holder is responsible for all uses of the Account by Child Account or co-account Holders. The Master Account Holder will also be responsible for all uses made by third parties to whom the Master Account Holder gives access, including if these third parties misuse any Saifoo Account, Saifoo Card or the Saifoo Payment Service.
4.4 Each Account Holder agrees that the personal information submitted to Saifoo to open an Account is subject to verification. Each Account Holder hereby consents to this in advance.
4.5 Each Account Holder must specify a user name and password for his or her Account. The password must be kept secret and reasonable measures must be taken to prevent non-authorized use.
4.6 If there are indications that an Account Holder is infringing laws, rights of third parties or Saifoo’s General Terms and Conditions, Saifoo shall be entitled to temporarily block the Account or to terminate it. This shall be the case particularly if the parent or guardian has made any misrepresentations, provided Saifoo with any misinformation, or any other fraudulent activities have taken place. In the event that an Account has been blocked or terminated, the respective Account Holder is prohibited from using Saifoo’ services via any other Account. In particular, this includes setting up and using a new Account.
4.7 A parent or guardian may cancel his or her Master Account at any time for any reason.
4.8 Parental Control Features:
Parents or guardians will be responsible for monitoring and accepting any funds transfers, which may be first accepted into the Master Account, and any transactional activity through the Account. Parents or guardians will be responsible for setting and updating the control features that limit the access to and transactions of any co-account or Child Account.
4.9 The following shall apply to co-account or Child-Accounts under a Master Account:
Saifoo may reject requests to create or maintain any co-account without proof of identity or child custody or guardianship, if requested by Saifoo.
Saifoo will contact the parent or guardian by SMS, MMS or email using the contact details provided by the Master Account Holder for any required approvals or alerts. If Saifoo is unable to make contact, despite having made three attempts to do so, Saifoo may terminate any requested funds transfer or purchase transaction.

5. co-account or Child Account

5.1 A co-account or Child Account can be set up free of charge by a parent or legal guardian, but no parent or guardian is required to establish any Child Account and neither is a parent or guardian obligated to participate in the Saifoo Payment Service.
5.2 A co-account allows a parent and child to segregate funds. Additionally, it allows a child to monitor and spend his or her “own” money.
5.3 In order to set up Child Account, the following information must be provided truthfully by the parent or guardian:
First and last name of the child
Residential address (for both parent/guardian and child, if different)
Parent’s email address
Parent’s telephone number
5.4 Any change(s) to the above mentioned information must be reported without request via email, registered mail, or calling Saifoo.
5.5 Each co-account Holder will be asked to create his or her own password for the co-account. The password must be kept secret and reasonable measures must be taken to prevent non-authorized use.
5.6 If there are indications that an co-account Holder is infringing laws, rights of third parties or Saifoo’ General Terms and Conditions, Saifoo shall be entitled to temporarily block the Account or to terminate it. This shall be the case particularly if the parent or guardian has made any misrepresentations, provided Saifoo with any misinformation, or any other fraudulent activities have taken place. In the event that an Account has been blocked or terminated, the respective Account Holder is prohibited from using Saifoo’s services via any other Account. In particular, this includes setting up and using a new Account.
5.7 The parent or guardian may cancel any co-account at any time for any reason.

6. Verification

6.1 Saifoo reserves the right to verify any person or persons who request a Saifoo Account, a funds transfer to any Saifoo Account or any participation in the Saifoo Payment Service. Saifoo is expressly entitled to verify the identity of any such person before allowing participation within the Saifoo community. A person is considered verified, if his or her identity has been proven towards Saifoo. This is especially the case, if a person:
has completed an Account Agreement with and has been approved by Saifoo,
has already transferred funds into a Saifoo Account or completed a purchase transaction through the Saifoo Payment Service, is personally known to Saifoo, has been verified by means of a copy of an ID, credit card, and/or bank information and, as required, also can document their child custody or guardianship.
6.2 Saifoo is entitled at any time to make access to its mobile app and the Saifoo Payment Service dependent upon the provision of bank information, information from a credit agency or via the blocking of a certain volume of transactions.

7. Privacy and Data Protection

7.1 Saifoo’s privacy policy shall apply.
What Saifoo Collects

When creating your Saifoo Account or accessing the Saifoo Payment Service, we collect certain information from you to verify your identity, to enable you to use a Saifoo Card and facilitate your participation in the Saifoo Payment Service. You authorize Saifoo to collect, use and share your information in accordance with the applicable Saifoo Privacy Policy, as may be amended from time to time, and which is available at www.Saifooaopp.com/privacy/.

You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Supported Mobile Device gathered periodically to facilitate the updates to our services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
Push Notifications

You may receive push notifications from us from time to time reflecting your Account activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Supported Mobile Device or by turning off the issuer notifications setting on the your Saifoo Account profile.
What Others Collect

As stated at the beginning of these Terms and Conditions of Use, Saifoo is not responsible for any other services offered by your wireless carrier or any third party. Accordingly, any information you provide to Saifoo, or that is collected or accessed by Saifoo through the course of your use of a Saifoo Card or the Saifoo Payment Service, is subject to third party agreements, and is not governed by our Privacy Statement or these Terms and Conditions of Use.
Lost, Stolen or Unauthorized Use of your Supported Mobile Device

Contact us immediately at the Saifoo telephone number posted on our website or mobile app if you believe your Supported Mobile Device or your credentials have been lost or stolen or someone has used or may use your Supported Mobile Device or your Account credentials without your authorization. Also change your Account credentials immediately to avoid any unauthorized use of your personal information. If you get a new Supported Mobile Device, please delete all your personal information from your prior Supported Mobile Device. Saifoo and your Supported Mobile Device may contemplate certain security features and procedures to protect against unauthorized use of your Saifoo Account. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Account information. You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
Protecting your Saifoo Passwords and Other Credentials

You are responsible for maintaining the confidentiality of your Saifoo User ID, passwords and other means you may from time to time use to access any of your Saifoo Accounts. You should keep your Supported Mobile Device and these credentials secure in the same manner as you would keep your cash, checks, credit cards, and other personal credentials and passwords secure. You are solely responsible for maintaining the confidentiality of your Saifoo User ID, passwords and any other means that you may from time to time have to access the Saifoo mobile app. If you share these credentials with any other person, they may be able to create and use your Saifoo Account and get access to your personal and payment information available through the Saifoo Payment Service. Call us immediately at the Saifoo telephone number posted on our website or mobile app if you believe your Supported Mobile Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your Account credentials without authorization.

8. Prices/Transaction Fees

8.1 Each Account Holder and Provider is responsible for any respective custom duties or taxes, including but not limited to sales taxes.

9. Purchase Transactions

9.1 Each request for a Saifoo Card or other payment through the Saifoo Payment System shall be deemed a legally binding offer to enter into a purchase agreement obligating the Account Holder to pay the purchase price for the item(s) and authorizing Saifoo to use the Account’s available funds to make the payment.
9.2 Saifoo reserves the right to block purchase transactions for products and services, which it reasonably deems to be unlawful or inappropriate for minors, including but not limited to alcohol, tobacco, or adult-oriented products.
9.3 Any requests for refunds/returns must be submitted in writing by email or registered mail or by telephone, and may be subject to the refund/return policy of the underlying vendor.

10. Shipping, delivery periods, damage during shipping

10.1 Unless expressly agreed to otherwise in writing, the merchant will ship any purchased items to the Account Holder upon full payment, including any costs of shipping.
10.2 Saifoo shall not be liable for shipping errors, delays or damages.

11. Taxation

11.1 All Account Holders are responsible for any taxes, including but not limited to sales taxes, related to any purchase transactions.
11.2 All merchants are responsible for the collection and payment of any taxes, including but not limited to sales taxes, related to any purchase transactions.

12. The Saifoo Guarantee

12.1 In accordance with the guarantee declaration set forth below in this Clause 12 (“Saifoo Guarantee”), Saifoo guarantees its Account Holders full reimbursement for all payments related to unauthorized or erroneous transactions. There is no limit on the number of transactions for which an Account Holder can receive coverage under the Saifoo guarantee. The Saifoo Guarantee will apply to all Account Holders of Saifoo worldwide. The legal guarantor in this context will be Sapphire Interactive K.K.
12.2 Each merchant is solely responsible for its product descriptions and conditions and shipping and handling. If any product or service is inaccurately presented by a merchant, the purchase may be subject to refund or return to the merchant.
12.3 Account Holders who are unable to resolve a problem directly with a merchant may open a claim with Saifoo and apply for reimbursement under the Saifoo Guarantee.
12.4 The Saifoo Guarantee will apply only to physical, tangible goods that can be shipped. Intangible goods, including digital goods, and services are not covered by the Saifoo Guarantee.
12.5 If a claim is decided in favor of the Account Holder, Saifoo will reimburse you for the full purchase price of the item and original shipping costs – with no limit on the amount of coverage. However, Saifoo will not reimburse you for the return shipping costs that you incur to return an item to the merchant, Saifoo or other party specified by Saifoo.
12.6 An unauthorized transaction may occur if for example someone steals your password or otherwise accesses your Account and completes a purchase transaction without your consent. However, if you give someone access to your Account (e.g. by giving them your login information) and he/she completes a purchase transaction without your knowledge or consent, you are still responsible for any resulting use, including any purchase transactions. Such transactions are not considered unauthorized transactions and are not covered under the Saifoo Guarantee.
12.7 An erroneous transaction may occur when a purchase transaction or funds transfer is incorrectly taken from your Account or incorrectly placed into your Account, or when transactions are incorrectly recorded in your Account. Erroneous transactions covered by the Saifoo Guarantee are limited to the following: if you send a payment and it is incorrectly debited from your Account; if an incorrect amount is credited to your Account; if a transaction is missing from or not properly identified in your Account; and if there is a computational or transactional error made by Saifoo. Unauthorized or erroneous transactions do not include chargebacks and reversals.
12.8 You agree that Saifoo is authorized to handle chargebacks and reversals as set forth in this Agreement, and that no determination made by Saifoo or a card issuer with respect to a chargeback or reversal will be considered an unauthorized or erroneous transactions.
12.9 You must notify Saifoo in writing about any claim within 45 days of the claim’s discovery, while also providing legitimate grounds for the claim along with reliable supporting documents, including but not limited to receipts, police reports or anything else Saifoo specifies. You must respond to Saifoo’s request for documentation and other information in a timely manner. You must also comply with Saifoo’s shipping requests in a timely manner. If you fail to comply with the foregoing, you will lose recourse to the rights granted under the Saifoo Guarantee.
12.10 Notification Requirements. You must immediately notify Saifoo if you believe:
there has been an unauthorized or erroneous transaction, or unauthorized access to your Account; there is an error in your Account statement or any transaction confirmation sent to you by email, SMS or MMS; your password has been compromised; your Supported Mobile Device has been lost, stolen or deactivated; or you need more information about a transaction listed on the statement or transaction confirmation.
You should regularly log into your Account and review your Account statement to ensure that there has not been an unauthorized or erroneous transaction. You should also review your transaction confirmations to ensure that each transaction was authorized and is accurate. When you notify us, provide us with all of the following information:

Your name and email address registered to your Account;

A description of any suspected unauthorized or erroneous transaction and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; and

The dollar amount of any suspected unauthorized or erroneous transaction.
If you notify us orally, we may require that you send us your complaint or question in writing within 10 Business Days. During the course of our investigation, we may also request additional information from you. You may request copies of the documents that we used in our investigation.
12.14 Once you notify Saifoo of any suspected unauthorized or erroneous transaction, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an unauthorized or erroneous transaction that is eligible for coverage under the Saifoo Guarantee.
We will complete our investigation within 10 business days of the date we received your notification of the suspected unauthorized or erroneous transaction.
If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected error. You will receive the provisional credit within 10 business days of the date we received your notice. We will notify you of the provisional credit within 2 business days of the crediting.
We will inform you of our decision within 3 business days after completing our investigation.
If we determine that there was an error, we will promptly credit the full amount of the error into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit.

13. Exemptions from liability

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL Saifoo, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS AND CONDITIONS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY Saifoo ACCOUNT, Saifoo CARD OR Saifoo PAYMENT SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS AND CONDITIONS OF USE SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS’ LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms and Conditions of Use.
13.1 Saifoo offers no guarantees that any product or service offered by any merchant will be permanently available.
13.2 Saifoo shall not be liable for the timely and correct submission of funds transfers, purchase transactions, or messages to and from Saifoo. Saifoo shall not, therefore, assume any liability whatsoever for the permanent availability of the Saifoo website(s) or mobile app(s).
13.3 Saifoo occasionally has to limit the operation of its website(s) and mobile app(s) in order to perform maintenance work on the system or where this is required in order to perform technical security measures. During these times it is may be that the Saifoo website(s) or mobile app(s) are not accessible.
13.4 Saifoo accepts no liability should the Saifoo website(s) or mobile app(s) be limited in its functionality or destroyed through force majeure, strike, system malfunction or other external factors. Saifoo shall not be liable for loss or damage incurred through the lack of usability or inaccessibility of the Saifoo website(s) or mobile app(s).
13.5 Saifoo accepts no liability for the unauthorized access of third persons to personal data of Account Holders (e.g. by hackers) unless Saifoo willfully or through gross negligence failed to protect the data against access.
13.6 Saifoo shall only be liable in cases of intentional and gross negligence. Liability for compensation for damages shall only arise in cases of intentional or gross negligence on the part of Saifoo, its legal representatives, or agents. The amount of Saifoo’s liability shall be limited to the damage typically foreseeable at the time of entering into the agreement, except in cases of intentional or gross negligence.
13.7 All information contained within www.Saifooapp.com is provided for general information purposes only and on the understanding that none of the content herein constitutes financial or other professional advice.
13.8 Saifoo has made every attempt to ensure that all information contained within www.Saifooapp.com has been obtained from reliable sources, but all such information is provided “as is”, with no guarantee of completeness or accuracy. Saifoo provides no warranty of any kind, express or implied, as regards the information herein, and disclaims all liability and responsibility for any loss that may arise from reliance on information contained within this website.
13.9 INDEMNIFICATION. You shall indemnify and hold Saifoo, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of any Saifoo Account, Saifoo Card and the Saifoo Payment Service or (ii) any breach of the terms and conditions set forth in these Terms and Conditions of Use by you, your Child Accounts and authorized users of any Saifoo Cards or the Saifoo Payment Service using your Account credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim. We may employ counsel of our choice to defend and control on any such matter subject to indemnification by you. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis.
13.10 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE CREATION AND USE OF ANY Saifoo ACCOUNT, Saifoo CARD OR THE Saifoo PAYMENT SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY Saifoo CARD IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND Saifoo, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY Saifoo CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY Saifoo CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A Saifoo CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A Saifoo CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A Saifoo CARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Saifoo, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY. ACCESS, USE AND MAINTENANCE OF A Saifoo ACCOUNT, Saifoo CARD OR THE Saifoo PAYMENT SERVICE MAY DEPEND ON THE NETWORKS OF WIRELESS CARRIERS. Saifoo DOES NOT OPERATE ANY SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY Saifoo ACCOUNT, Saifoo CARD OR THE Saifoo PAYENT SERVICE, SUCH AS UNAVAILABILITY OF YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. Saifoo DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A Saifoo ACCOUNT, Saifoo CARD OR THE Saifoo PAYMENT SERVICE. USE OF A Saifoo CARD OR THE Saifoo PAYMENT SERVICE INVOLVES THE ELECTRONIC TRANSMISSION OF CERTAIN PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED MOBILE DEVICES BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM Saifoo OVER THE INTERNET FROM YOUR SUPPORTED MOBILE DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO “SECURE SESSIONS” THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT. WE ALSO ARE NOT RESPONSIBLE FOR YOUR SUPPORTED MOBILE DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
This Section 13 shall survive any termination of these Terms and Conditions of Use.

14. Amendments to the Terms and Conditions of Use

14.1 Saifoo reserves the right to amend the provisions of these Terms and Conditions of Use with future effect at any time without citing reasons. Saifoo will announce such amendments on its www.Saifooapp.com website, mobile app, or by email. The amendments shall be deemed to have been accepted if the Account Holder does not object to them within two weeks of receiving notice, or if he or she makes use of Saifoo’s services again after the Terms and Conditions of Use have been amended. If a customer objects to the amendment, Saifoo shall be entitled to terminate the Account.
14.2 Access to the Terms and Conditions of Use is available on our website or mobile app at any time. A printed version of the Terms and Conditions of Use can be downloaded in PDF format.

15. Termination

15.1 You have the right to cancel your account at any time without giving any reason. You may remove one or more of your Saifoo accounts at any time by pressing the “Delete” button on your mobile app, changing your Account settings on our website, or by calling Saifoo at the telephone number posted on our website or mobile app.
15.2 Saifoo will send you the full value of the available balance in your Account, without undue delay, and not later than 14 days from the day on which we are informed about your decision to cancel your Account.
15.3 We will make the payment using the same means of payment as you used for your last funds transfer, or a physical check through the mail. We will send checks only to you at a confirmed address, e.g. we may request you provide Proof of Identity (e.g. a digital copy of a government issued form of identification such as a drivers license) and Proof of Residence (e.g. official documentation of your residential address such as a lease or recent utility bill). We will not send checks to P.O. Boxes. If you fail to cash a check within 180 days of the date of issuance, we will return the funds to your Account. In any event, you will not incur any fees as a result of your Account cancellation.
15.4 You will only be responsible for any outstanding purchase transactions.
15.5 Except as otherwise required by applicable law, Saifoo may block, restrict, suspend or terminate your use of your Saifoo Account, Saifoo Cards, or the Saifoo Payment Service at any time without notice and for any reason, including if you violate these Terms and Conditions of Use, if we suspect fraudulent activity, or as a result of the cancellation or suspension of your Saifoo Account. You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your Saifoo Account or use of any Saifoo Card or the Saifoo Payment Service.
15.6 Saifoo may discontinue providing any services to any individual suspected of violating these Terms and Conditions of Use or the third party agreements related to the Saifoo Payment Service in its sole and absolute discretion. We also caution you that ANY ATTEMPT BY AN INDIVIDUAL OR ENTITY TO DELIBERATELY INTERFERE, INTERRUPT, MODIFY, AUDIT, ASSESS, RE-ENGINEER, OR DAMAGE ANY ASPECT OF A Saifoo CARD OR THE Saifoo PAYMENT SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF A Saifoo CARD OR THE Saifoo PAYMENT SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND Saifoo RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY INDIVIDUAL OR ENTITY RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Governing Law

16.1 Your access to and use of a Saifoo Account, Saifoo Card, or the Saifoo Payment Service is subject to all applicable international, federal, state and local laws and regulations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use. These Terms and Conditions of Use (including all agreements and policies referenced in these Terms and Conditions of Use, which are not modified or superseded by these Terms and Conditions of Use) set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersede any prior or contemporaneous understandings or agreements with respect to such subject matter. If any part of these Terms and Conditions of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions of Use shall continue in effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. The Section titles in these Terms and Conditions of Use are for convenience only and have no legal or contractual effect. We may assign these Terms and Conditions of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms and Conditions of Use, or any part of it, to any other party. Any attempt by you to do so is void. These Terms and Conditions of Use shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. There are no third-party beneficiaries to these Terms and Conditions of Use, except that Saifoo affiliates are third-party beneficiaries of these Terms and Conditions of Use with the right to enforce them. If a dispute relates or arises from the subject matter of these Terms and Conditions of Use and relates to any Saifoo account, Saifoo Card, or the Saifoo Payment Service, such dispute will be governed by the arbitration provision. The terms of this Section 16 will survive termination of these Terms and Conditions of Use, together with any other terms which by their nature the parties contemplate should survive.
16.2 These Terms and Conditions of Use, your use of a Saifoo Account, Saifoo Card, or the Saifoo Payment Service and any claim, dispute or controversy arising from or relating to these Terms and Conditions of Use or your use of any Saifoo Account, Saifoo Card, or the Saifoo Payment Service are governed by and construed in accordance with the laws of the Japan. These Terms and Conditions of Use are entered into between you and us in Japan. The legality, enforceability, and interpretation of these Terms and Conditions of Use and the amounts contracted for, charged, and received under these Terms and Conditions of Use, if any, will be governed by such laws. Subject to the arbitration provision included in these Terms and Conditions of Use, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to these Terms and Conditions of Use or your use of any Saifoo Account, Saifoo Card, or the Saifoo Payment Service resides in the courts of Japan, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts of Japan in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, agents and content providers.
16.3 Should one or more of the provisions of the Terms and Conditions of Use be or become wholly or partly ineffective or should the Terms and Conditions of Use be found to contain omissions, the validity of the remaining provisions shall remain unaffected.

17. Arbitration

17.1 Each party, you and Saifoo, agrees to this claims resolution provision, which subjects all disputes to binding arbitration that affects your rights with respect to your use of the Saifoo Account you used to create a Saifoo Card or access the Saifoo Payment Service. This arbitration provision applies any disputes between you and Saifoo arising from these Terms and Conditions of Use or your creation, access to or use of any of your Saifoo Account, Saifoo Cards and other services within the Saifoo Payment Service environment.
17.2 Any dispute, controversy or claim arising out of, relating to, or in connection with, these Terms and Conditions of Use or any breach, termination or validity thereof shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. The seat of the arbitration shall be Japan.
17.3 The arbitration award shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorney’s fees and disbursements. Judgment upon award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.

18. Third Party Agreements and Support

18.1 These Terms and Conditions of Use only address the terms and conditions that apply to your use of your Saifoo Account, Saifoo Card(s) and the Saifoo Payment Service. Your wireless carrier and other third party websites or services integrated in the Saifoo Payment Service have their own third party agreements and you are subject to those agreements when you give them your personal information, use their services or visit their respective sites. Saifoo is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of any third party’s products or services.
18.2 It is your responsibility to read and understand the third party agreements before creating, activating or using a Saifoo Account, Saifoo Card or the Saifoo Payment Service.
18.3 Saifoo is not responsible for, and does not provide, any support or assistance for any third party hardware, software or other products or services. If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Supported Mobile Device, please contact the appropriate third party in accordance with that third party’s procedures for customer support and assistance.
18.4 Saifoo does not currently charge a fee for using a Saifoo Card or the Saifoo Payment Service. However, you understand that third party agreements may contemplate fees, limitations and restrictions that might affect your use of any Saifoo Card (e.g. data usage or text messaging charges imposed by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.

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