:: CelPog ::

Terms & Conditions

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This Agreement is a contract between you and CelPog LLC (hereinafter referred to as "CelPog") and applies to your use of CelPog's Services. By using the CelPog service you are confirming that you have read and agreed with all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. It is your responsibility to review the Terms and Conditions regularly so as to remain fully informed as to the terms thereof. Contact us in the manner shown on the website if you have any questions or if you wish to terminate this Agreement and close your account.

CelPog as a payment agent:

CelPog LLC is an online payment agent that acts on your behalf to make and receive payments. To do so you place funds into a master CelPog account from which payments are transferred to other CelPog users. CelPog is not a bank and acts only as an agent on your behalf. Therefore, you are urged to only place funds into your CelPog account that you expect to transfer out within a relatively short period of time. You are urged not to maintain significant balances. Funds temporarily held by CelPog are not insured and do not earn interest.
If you use your CelPog account to make any purchases then you are doing so with the clear understanding that CelPog will have no obligation whatsoever with respect to the validly, legality, or quality of the purchase. In using CelPog to make a payment you are, in effect, directing CelPog to make a cash payment on your behalf. CelPog transactions are not in any way similar to Credit or Debit card purchases and there are no implied protections for the purchaser including, but not limited to, the right to dispute a transaction or charge for any reason whatsoever.

Privacy Policy:

Please refer to our Privacy Policy for a full description of our policies and procedures for handling our user's information.

Notices:

Notices to CelPog shall be sent by Certified Mail - Return Receipt Requested to: Legal Department, CelPog LLC, 767 Third Avenue, New York, NY 10017. Notices to you shall be valid if sent by e-mail or by regular mail sent to the addresses included during your registration process. You are required to keep your information current.

Account Summaries:

Detailed account statements are available online at all times. You agree to regularly review your account and report any problems or irregularities to CelPog immediately. Account entries not challenged within 5 days of posting will be assumed to be correct. Although CelPog will always attempt to resolve any problems promptly and fairly, banking regulations may limit CelPog's ability to challenge financial transactions if not reported within a strictly enforced time period. In the event CelPog is precluded from the ability to recover funds based on your delay in reporting a problem then we will not be required to make any adjustments to your account.

Account Creation:

In order to open a CelPog user account you must be at least 18 years of age, reside in the United States, and provide us with information necessary to confirm your identity. You hereby authorize us to initiate any inquiry that we feel appropriate to confirm your identity, ownership of your bank account(s), your e-mail account(s), and your mobile phone number(s).
If you are using CelPog for a business purpose we may then require that you submit additional information about your business.

Transaction Limits:

CelPog places limits on transaction frequency and amounts for a number of reasons including: limiting liability, risk of fraud, risk of abuse, to curtail any potential illegal activity, and to comply with regulations imposed by our institutional financial suppliers. Please visit the CelPog website to see how these limits apply to your particular account. Your limits may be adjusted based on account history and specific situations. Requests for increased limits should be made in writing through the Contact Us section of the website.

Depositing Funds from your Bank Account:

To use CelPog to make payments you must first link your CelPog account to a traditional bank checking or saving account. You identify the account by providing information that is readily available to anyone looking at any of your physical checks. This information includes the Account Title, Bank Routing Number, and Bank Account Number. CelPog will validate your ownership of this account and make two small deposits into your account.
You will need to check your bank statement, go into your CelPog account, and use these two numbers to confirm your ownership of the bank account. Once you have a validated account you will be able to make direct transfers from your bank account to your CelPog account using the ACH services of JP Morgan Chase Bank. By using this function on the CelPog website you are authorizing CelPog to make a withdrawal request from your bank for deposit into your CelPog account. In the event your banks makes the transfer and then, for any reason whatsoever, reverses the credit then you agree to reimburse CelPog for the amount of the reversal by first allowing CelPog to debit your account and then by making payment to CelPog for any deficiency. JPMorgan Chase Bank functions as a service provider to CelPog and has no direct responsibility to any CelPog users.

Depositing Funds from your Credit Card:

Adding funds to your CelPog account by credit card is only available for use within the CelPog SafeRide program. Funds added by credit cards can only be used for taxi services which are described in this Agreement under the SafeRide program.

Withdrawing Funds:

You can withdraw funds from your CelPog account via ACH transfer to your bank account, by requesting a physical check, or through a linked bank credit/debit/ATM card.

ACH Withdrawals: You can withdraw funds from your CelPog account by initiating an ACH withdrawal request. In this case you will submit the required information via the CelPog website and funds will be transferred to the single validated bank account linked to your CelPog account. The linked account title must be the same as the CelPog account title. CelPog users will not be able to use ACH transfers to send funds to any other bank account. ACH transfers are completed through the services of JPMorgan Chase Bank. JPMorgan Chase Bank functions as a service provider to CelPog and has no direct responsibility to any CelPog users. ACH withdrawals usually take from 3-5 business days to become available.

Mailing Physical Check: Checks will only be mailed in cases where a user wishes to close his/her CelPog account. The check will only be mailed to a validated address and will require that the bank accepting the check obtain valid identification. CelPog will not recognize checks that are double endorsed. CelPog reserves the right to limit the amount refundable by physical check to $100.

Credit Card: In cases where funds were added to a CelPogSafeRide account for taxi services then refunds will be made as credits to your card account.

At Banks and ATMs: In certain instances CelPog users will have their CelPog accounts linked to traditional banking solutions. In these situations CelPog users will have access to a physical card that will entitle them to withdraw funds at banks and ATM machines. The receipt of this capability and associated cards will be accompanied by specific rules and regulations established by the card issuer. You agree to abide by those rules and regulations and to indemnify CelPog from any liability associated with the use of these products.

Receiving Funds from Other CelPog Users:

CelPog is a relationship based platform and assumes that you have some level of direct contact with other CelPog users with whom you may chose to receive funds. CelPog is not like a credit card or debit card where payments can be challenged based on a dispute with the counterparty. Rather, CelPog is comparable to cash payments where disputes are settled directly between the parties. As a CelPog user you are acknowledging that CelPog will not be responsible to you for any problems associated with payments you make using the CelPog system except as described later in this Agreement under CelPog's Liability.
If, for any reason, the CelPog member whose funds are transferred to you has those funds reversed by his/her bank then the payment made to you will be reversed as well. We will advise you of the reason for the reversal and provide details of the transfer so that you can directly contact the counterparty and arrange for substitute payment.

Maintenance of Master CelPog Account:

CelPog acts as your payment agent and not as a bank. CelPog maintains one or more master bank accounts in major banks including JP Morgan Chase Bank in New York, NY. Funds which you place in your CelPog account are held in CelPog's name and may earn interest. You hereby agree that as partial consideration for using the CelPog service you waive any claim to interest earned on deposits and assign any possible claim for interest that may accrue to you to CelPog. Ownership rights to your funds within the master bank account(s) remains with you.

Restricted Activities:

CelPog may only be used for legal activities in accordance with all applicable laws, regulations, and good business standards. CelPog reserves the right to terminate any user's account at its discretion for any reason. If CelPog suspects any inappropriate activity CelPog shall have the right to freeze any account pending an investigation. CelPog shall also have the right to turn over account balances to any governmental authority upon presentation to CelPog of its valid claim for those funds.
CelPog reserves the right to freeze your account for up to 120 days pending an investigation into improper use.

Your Responsibility to Monitor Your Account:

CelPog transactions are posted immediately to your account and are available for your review at the CelPog website. You agree to regularly review and monitor transactions posted to your account and to notify CelPog immediate when you suspect any errors or unauthorized usage. Your failure to advise CelPog of any improper account posting within 5 days of the posting date will terminate your right to make any claims for reversal of payments except that CelPog will continue, without liability to you, to attempt to make corrections on your behalf. It is extremely important that you notify CelPog immediately in the even that you feel that any unauthorized use of you account has occurred. You must also immediately notify CelPog if your password or PIN number security has been compromised. Notification to CelPog in cases of improper activity or compromised PIN security must be by phone to our call center 212-490-4094 with additional notification by e-mail to: securityalert@celpog.com.

Closing Your Account:

To close your CelPog account visit go to the Close Account section under the Profile tab on the CelPog website or email us at support@celpog.com. If your account is not subject to any dispute or investigation your funds will be transferred via ACH to your linked bank account.

Processing Delays:

CelPog's mobile and web based functions rely on unrelated service providers which may experience delays or interruptions of service. To a great extent your particular mobile service provider is part of the process and not all mobile phone companies provide the same level of service. CelPog will not assume any liability for any damages caused by delays or errors in transmissions by third party providers including cellular phone companies, internet providers, and hosting partners.

Errors by Payor:

CelPog assumes that data submitted to the CelPog system has been carefully reviewed before transmission. If you make a mistake when inputting instructions for a payment and submit those instructions to CelPog you will need to immediately contact CelPog and describe the error. CelPog will make every attempt to reverse the transaction. However, in the event CelPog is not able to do so based on verification by both parties of the erroneous transaction, the payment sender will be provided with details of the transfer and be required to settle any dispute outside of the CelPog system.

Jurisdiction:

CelPog LLC is a Delaware LLC organized in New Castle County. You agree that any suits between you and CelPog shall be brought in New Castle County, Delaware and that the laws of the State of Delaware shall govern this Agreement.

Unauthorized Transactions:

You are responsible to maintain the security of your password and your PIN number. CelPog's mobile functions can only be transacted on your linked cell phone. CelPog's website provides security choices under the Preferences section. You agree to use all these features and to appropriately limit use of your CelPog account. CelPog's liability shall be limited to cases where you have properly protected your password and PIN, and where you have fully employed CelPog's security capability. In this event CelPog's liability to you for unauthorized amounts shall be limited to transactions within the suggested limits subject to other limitations described elsewhere in this Agreement.

Liability Limitations:

IN NO EVENT SHALL CELPOG LLC, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

No Warranty:

CELPOG, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CELPOG, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CelPog does not have any control over the products or services that may be paid for with our Service and CelPog cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. CelPog does not guarantee continuous, uninterrupted or secure access to our Service, and operation of our site may be interfered with by numerous factors outside of our control. CelPog will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but CelPog makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

Complete Agreement:

This Agreement sets forth the entire understanding between you and CelPog. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Indemnification:

You agree to defend, indemnify and hold CelPog, its parent, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

	Contact Us
	................................................................. CelPog LLC 767 Third Avenue New York, NY 10017 support@celpog.com 212.490.4094 ..................................................