Effective Date: May 17, 2021
BUNNYMONEY provides access to various cash management and banking services, which are provided by third-party financial partners (“Third-Party Providers”), including banks (“Bank”). These Terms include, among other things, your authorization for debits and credits from and to the account that you hold at a third-party financial institution (”Financial Institution”) and the Bank, via the Automated Clearing House (“ACH”) network.
Prior to using our Services, you should review the following agreements from our Third-Party Providers, which are hereby incorporated into these Terms:
Additionally, Third-Party Providers may enforce the terms of this agreement directly against you.
We reserve the right at any time, with or without cause, to:
Any changes we make will be effective immediately upon our making such changes available on our website or otherwise providing notice thereof. You agree that your continued use of the Services after such changes constitutes your acceptance of such changes.
In order to use the BUNNYMONEY Services, you must:
For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Financial Institution Account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
BUNNYMONEY utilizes third-party services to verify your identity and does not store, nor keep a copy of, any of the above requested documents.
By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our Third-Party Providers and without any time limit or the requirement to pay any fees, information about you and your Financial Institution Account from the Financial Institution holding your Financial Institution Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant BUNNYMONEY and our Third-Party Providers a limited power of attorney, and you hereby appoint BUNNYMONEY and our Third-Party Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN BUNNYMONEY OR OUR THIRD-PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, BUNNYMONEY AND OUR THIRD-PARTY PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT, OR ON BEHALF, OF THE THIRD PARTY.
BUNNYMONEY may offer or make available to you various banking services, including deposit products and transfers to make donations. The banking services shall be provided by a third-party Bank that offers deposit insurance through the Federal Deposit Insurance Corporation (FDIC) and money processing solutions such as ACH services.
The use of such services may be subject to additional terms and conditions provided to you by either us, the Bank, the Financial Institution, or Third-Party Providers for either us or the Bank. You may use the Services by opening an account (“User Account”) on the Services.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR A NEW USER ACCOUNT REGISTRATION
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.
WHAT THIS MEANS FOR YOU: WHEN YOU OPEN A NEW USER ACCOUNT, BUNNYMONEY WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. BUNNYMONEY MAY ALSO ASK TO SEE YOUR DRIVER’S LICENSE OR OTHER IDENTIFYING DOCUMENTS.
In order to open a User Account, you are required to read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms. By agreeing to these Terms, you also agree to provide BUNNYMONEY with such documentation, photographs and information as BUNNYMONEY may reasonably request. You confirm that you have provided the correct information during the process of creating a User Account. You undertake that, if your details change, you will promptly notify us. You will bear any losses that occur due to the submission of invalid, incorrect or inaccurate information.
Once you have completed the above and you have passed our Know Your Customer check in accordance with the Terms, we will provide you with a User Account and access to the Services to conduct a variety of transactions (“Transaction”). You agree that you will not allow any other person to access or use your User Account and the Services and/or conduct any Transaction.
By opening a User Account, you hereby appoint us to act as your agent for purposes of providing any and all Services contemplated under these Terms, as applicable. Except for the agency appointment as specifically set forth in this section, these Terms shall not be construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between you and BUNNYMONEY.
You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your BUNNYMONEY account on the Services; provided, however, that you must notify us at least three business days before any changes to your Financial Institution Account information, including, but not limited to, the closure of your Financial Institution Account for any reason by emailing firstname.lastname@example.org or by updating your BUNNYMONEY account via the Services. If we approve your registration, you will be authorized to use the Services, subject to these Terms.
You must ensure the information on your User Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again.
We may suspend or terminate any Transaction if we suspect or determine that your account has been improperly accessed; if this occurs, you agree to cooperate with us to verify your identity before access to your account is restored. If your account information, or similar information for the Bank or Financial Institution are stolen, we expect that you will inform us immediately to avoid the occurrence of any Transaction not initiated by you.
The BUNNYMONEY Services are your portal and dashboard for accessing BUNNYMONEY’s services. Within the Services you may be able to conduct, among other actions, the following, as each are made available to you:
You understand that the BUNNYMONEY Services enable cash transfers as if you had manually instructed your financial institution to complete such transfers. Based upon your instructions and account information provided to BUNNYMONEY, the Website and Application gather, store, process and analyze information about you, the deposit wallets that you hold at the Bank (“Bank Account”) and various Financial Institution Account and then, on your behalf, periodically issues funds transfer instructions to move cash funds between your Financial Institution Account and the Bank Account, or vice versa, as if you had instructed such transfers yourself.
You assume all risk when using the Services, and you acknowledge that BUNNYMONEY can’t guarantee and doesn’t promise any specific results from your use of the Services.
The Services allow you to direct the Bank to conduct a Transaction, which, depending on availability, may include the following:
Virtual receipts for successful Transaction shall be accessible on the Services. Neither BUNNYMONEY nor the Bank will or is under any obligation to provide you with a physical receipt or other written confirmation in connection with any Transaction.
Please note that BUNNYMONEY does not itself perform any Transaction, but merely provides you an interface for interacting with the Bank, Financial Institution, Third-Party Providers (together the “Third Parties”) and other Users (including Nonprofits), and facilitates the execution of the Transaction by communicating your instructions to the Third Parties.
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your Bank Account. There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR BUNNYMONEY USER ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.
Consent to collect your Transaction Data: If you are using or participating in any of BUNNYMONEY Services that involves the collection and/or use of financial Transaction data, you will provide us with access to upload or collect your financial data from your banking and other Financial Institution’s accounts, including, for example and without limitation, transaction dates, the merchants involved, the transaction types and the amounts, other information, data, passwords, or other content (collectively “Transaction Data”), but excluding your account numbers associated with such Transaction Data.
Third-Party accounts: by using the Services, you authorize BUNNYMONEY and its Third-Party Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant BUNNYMONEY and its Third-Party Providers a limited power of attorney, and you hereby appoint BUNNYMONEY and its Third-Party Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as You might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN BUNNYMONEY OR ITS THIRD-PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, BUNNYMONEY AND ITS THIRD-PARTY PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Third-Party Providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the BUNNYMONEY Services are not endorsed or sponsored by any Third-Party Providers accessible through the BUNNYMONEY Services.
No Liability for Transaction Data: under no circumstances will BUNNYMONEY be liable in any way for any Transaction Data, including any errors or omissions in any Transaction Data, any modification, loss or deletion of any Transaction Data or any loss or damage of any kind incurred as a result of the use of or reliance upon any Transaction Data or the analysis or summary thereof. You hereby affirm, represent and warrant that You have the necessary right and permissions required:
Removal and Deletion of Transaction Data: BUNNYMONEY reserves the right to remove, delete, block, edit or modify any Transaction Data at any time, subject to applicable regulatory retention requirements, without prior notice and at its sole discretion for any reason or no reason. BUNNYMONEY has no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which BUNNYMONEY is subject.
When signing up for the Services to open a User Account, you will be asked to agree and consent to electronic receipt of all communications that we provide in connection with the Services. We will provide communications to you by making them available on the Services or by emailing them to you at the primary email address listed in your User Account. You agree that BUNNYMONEY may electronically provide you with documents, notices and other communications regarding the Services and/or your use thereof, as well as special offers, promotions, commercial advertisements, marketing materials, and similar communications.
It is your responsibility to ensure that you regularly log onto the Application, review the User Account, and your primary email address and open and review communications that we deliver to you through those means.
We may contact you from time to time to notify you of changes or information regarding your User Account. It is your responsibility to ensure you regularly check the Application and that your contact information stored on your profile in the Application is up to date. You may contact our customer service in accordance with these Terms via email at email@example.com.
The terms regarding fees charged for the Services shall be set forth in these Terms, or other documentation we provide to you from time to time through online communications, the Website or the Application. We reserve the right to suspend your access to the Services if we or the Bank are not paid any monies owed to us or the Bank by you on time.
All fee amounts will be withdrawn from the Financial Institution Account and will be assessed as long as there is a remaining balance in the Financial Institution Account, except where prohibited by law. Any time the remaining balance in the Financial Institution Account is less than the fee amount being assessed the entire balance of the Financial Institution Account will be applied to the fee amount: this may bring the Financial Institution Account balance negative and may also mean that part of the fee amount remains unpaid. If the Financial Institution Account balance is negative, or there is a fee amount that is unpaid, this means any subsequent deposits made to the Bank Account are applied first to any negative balance, and then applied to the pended fee amount. This also means the Financial Institution Account balance available to use for new transactions may be less than the deposit made to the Bank Account.
Schedule of fees:
Charged fee amount
Unauthorized ACH returns
Other Fee Date
All failed transfers, chargeback, ACH returns other than Unauthorized ACH returns
Other Fee Date
Subscription Services fees if premium features are used
Subscription Fee Date
Unauthorized ACH returns are currently defined by NACHA as ACH transactions with return codes R05, R07, R10, R29 and R51.
For the subscription Services fees, the fee date (“Subscription Fee Date”) means the business day each month when the applicable fee for that calendar month will be withdrawn from your Financial Institution Account. The Subscription Fee Date will be the monthly anniversary of the date your first account was registered. If the date falls on a day that is not a business day in a given month, your Subscription Fee Date for that month will be the business day immediately after. If your Subscription Fee Date would fall on a day in the following month - due to weekends or holidays - your Subscription Fee Date will be the first business day in the calendar month.
For any other fees, such as a failed Transaction, ACH returns, chargebacks, the fee date (“Other Fee Date”) means the business day immediately after.
You are solely responsible for determining the complexity of and safeguarding your passwords and Personal Identification Numbers (“PIN”) for the Services and your User Information. If you share or otherwise disclose any such password or PIN to any third party, they may be able to access your User Account or Financial Institution Account information, and you will be solely responsible for any consequences of such sharing or disclosure. By using the Services, you acknowledge and agree that internet and cellular transmissions cannot be assured of complete privacy or security.
If you notice misuse, theft or unauthorized use of your mobile device, mobile PIN or any other activity that makes you suspicious, you must promptly contact the customer service via email at firstname.lastname@example.org and, if possible, enable the appropriate security features on the Services.
You must warrant that you take all reasonable steps to:
You are required to do the following non-exclusive items:
You agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. Although BUNNYMONEY will not be liable for any of your losses that are caused by any unauthorized use of your User Account, you may be liable for the losses of BUNNYMONEY or others due to such unauthorized use. You shall immediately notify BUNNYMONEY of any unauthorized use of your User Account and contact our customer service via email at email@example.com.
You agree you will not do any of the following while using or accessing the Services or any content thereon:
You are not permitted to:
Transactions for custody and deposit accounts’ deposits and transfers are limited to:
The Bank, Financial Institution, or Third-Party Provider reserves the right to refuse to perform a Transaction directly or indirectly associated with any restricted country.
If BUNNYMONEY, in its sole discretion, believes that you may have breached the provision of this Section, we may take action to protect ourselves, other Users and third parties. The action we may take includes but is not limited to:
Where possible, BUNNYMONEY will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third-party information or interfering in the course of an investigation.
From time to time, BUNNYMONEY may, in its sole discretion, restrict access to the entire or some parts of the Services. Access to the Services may also be unavailable, delayed or limited due to a number of circumstances, including but not limited to hardware and software failure, loading of system capacities, damage caused by severe weather, natural disasters, fire, wars, earthquakes, water damage, interruption in power supply or utility service, stoppage of labor, force majeure event, or governmental or regulatory restrictions. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
Furthermore, BUNNYMONEY reserves the right to restrict, change, suspend, or discontinue any aspect of the Services, at any time, including hours of operation or availability of the Services or any Services’ feature, without notice and without liability.
You may request termination of your User Account at any time and for any reason by contacting our customer service via email at firstname.lastname@example.org. Any fees paid to BUNNYMONEY are non-refundable.
BUNNYMONEY may terminate or suspend your User Account and/or access to the Services, or any portion thereof and remove any material, including User Information, from the Services, in our sole discretion, at any time for any reason without notice or liability to you.
Further, if we believe, in our sole discretion, that a violation of these Terms has occurred, we may take any other corrective or legal action we deem appropriate. We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any User Information. We may seek to gather information from a user, who is suspected of violating these Terms and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using the Services or making available any User Information, emails, or other materials that are believed to violate these Terms.
Any restriction, suspension, termination, or cancellation shall not affect your obligations to BUNNYMONEY under these Terms, including but not limited to ownership of intellectual property, indemnification, and limitation of liability, which by their nature and context are intended to survive such suspension, termination, or cancellation.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or offers.
In addition to the rights and restrictions set forth in these Terms, your use of the Services is subject to your agreement to comply with all applicable third party provider terms. Those terms may be supplied to you within the service or directly by each of the Third-party Providers. We are from time to time required to provide guests and registered User Information and details to our Third-Party Providers to the extent that they need such details in order to enable them to execute their contractual responsibilities.
Your use of the Services is subject to additional terms that apply between you and one or more of BUNNYMONEY, and the Third-Party Providers. By using the Services, you agree to the applicable terms, including any subsequent updates:
Additionally, Third-Party Providers may enforce the terms and conditions of this agreement directly against you.
You hereby acknowledge that BUNNYMONEY owns all rights, title and interest in and to the Website, the Application, the Services and to any and all proprietary and confidential information contained therein. The Services and any BUNNYMONEY information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to:
The Services shall enable some Users to register as Nonprofits. We only allow Users to register as Nonprofits if they are a not-for-profit entity listed. In order to register as a Nonprofit, an entity must be a 501(c)(3), 501(c)(4), 501(c)(6) or 501(c)(7) organization registered with the Internal Revenue Service of the United States of America, and be listed at https://guidestar.org/NonprofitDirectory.aspxor able to otherwise supply evidence to BUNNYMONEY’s satisfaction of its 501(c)(3) status. BUNNYMONEY retains absolute discretion as to whom to allow to register as a Nonprofit.
PLEASE NOTE THAT BUNNYMONEY PROVIDES A PLATFORM WHICH ALLOWS USERS TO ENGAGE IN TRANSACTIONS WITH NONPROFITS AMONG OTHER USERS. WE DO NOT ENDORSE ANY NONPROFIT, NOR MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER IN REGARDS TO TO THEIR LEGITIMACY, LEGAL COMPLIANCE, USE OF FUNDS, OR OTHERWISE. BUNNYMONEY IS NOT AN AGENT, PRINCIPAL, PARTNER, NOR DOES IT HAVE ANY OTHER RELATIONSHIP WITH A NONPROFIT EXCEPT AS A PROVIDER OF THE SERVICES DESCRIBED HEREIN. WHILE BUNNYMONEY HAS THE RIGHT TO VET NONPROFITS AND MONITOR ITS USERS, IT HAS NO OBLIGATION TO DO SO. BY USING THE SERVICES YOU UNDERSTAND AND AGREE THAT BUNNYMONEY IS NOT RESPONSIBLE FOR THE DISPOSITION OR USE OF ANY FUNDS YOU ENTER INTO A TRANSACTION WITH REGARDS TO.
USERS ARE SOLELY RESPONSIBLE FOR ASSESSING THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY NONPROFIT. WE ENCOURAGE USERS TO USE THEIR DISCRETION WHEN SUPPORTING NONPROFITS OR ENGAGING IN ANY OTHER TRANSACTIONS.
Though we have no obligation to verify the accuracy of Nonprofits statements (whether on the Services or off), nor their legitimacy or their use of funds, we take possible fraudulent and dishonest activity very seriously. If you have reason to believe that a Nonprofit is not raising or using what they represent, or is otherwise engaged in fraudulent or misleading activity, please alert us of this potential issue by emailing us at email@example.com.
You agree to defend, indemnify, and hold harmless BUNNYMONEY, its affiliates, licensors, and Third-Party Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ costs & fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
BUNNYMONEY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BUNNYMONEY in asserting any available defenses. You agree not to settle any such matter without the prior written consent of BUNNYMONEY. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Each of the Third-Party Providers is an express third-party beneficiary of this section with full rights to enforce its terms.
YOUR USE OF BUNNYMONEY SERVICES AND CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE BUNNYMONEY SERVICES, CONTENT, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND FROM BUNNYMONEY. BUNNYMONEY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “BUNNYMONEY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE BUNNYMONEY SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE BUNNYMONEY PARTIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED:
THE BUNNYMONEY PARTIES MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES. YOUR SOLE REMEDY AGAINST THE BUNNYMONEY PARTIES FOR DISSATISFACTION WITH THE BUNNYMONEY SERVICES OR ANY CONTENT IS TO STOP USING THE BUNNYMONEY SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BUNNYMONEY PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE BUNNYMONEY PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, LIQUIDATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING IN WHOLE OR IN PART OUT OF OR IN CONNECTION WITH YOUR USE OF THE BUNNYMONEY SERVICES AND/OR CONTENT, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE BUNNYMONEY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE BUNNYMONEY PARTIES’ COLLECTIVE CUMULATIVE LIABILITY TO YOU (WHETHER ARISING UNDER THESE TERMS, ANY USER ACCOUNT AGREEMENT, ANY TRANSFER SERVICE, ANY PAYMENT SERVICE AGREEMENT OR ANY OTHER ADDITIONAL TERMS OR UNDERSTANDING BETWEEN YOU AND BUNNYMONEY RELATING TO THE BUNNYMONEY SERVICES), FOR ANY CAUSE WHATEVER (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100) AND (II) THE AGGREGATE AMOUNT OF FEES (IF ANY) ACTUALLY RECEIVED BY BUNNYMONEY FROM YOU PURSUANT TO YOUR BUNNYMONEY USER ACCOUNT AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE.
We shall not be liable to you for any delay or failure to perform our obligations under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including but not limited to any action or inaction by you or any third party, any force majeure event, bank delay, postal delay, act of government, failure or delay of any fax or electronic transmission, any cyber event, any accident, emergency, act of god or any abnormal or unforeseeable circumstances, or any other events or circumstances not within our reasonable control, whether similar or dissimilar to any of the foregoing.
You are responsible for all liabilities, financial or otherwise, incurred by BUNNYMONEY, a BUNNYMONEY User, or a third party caused by or arising out of your breach of these Terms, your use of the BUNNYMONEY Services, and any use of your User Account. You agree to reimburse BUNNYMONEY, a BUNNYMONEY User, or a third party for any and all such liability, to the extent not prohibited by applicable law.
You remain liable under these Terms in respect of all charges and other amounts incurred through the use of your User Account at any time, irrespective of termination, suspension or closure.
You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the BUNNYMONEY Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. BUNNYMONEY shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied to you.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
These Terms shall be construed and governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Access or use of the Website, Application and/or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OR THE BUNNYMONEY SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THIS SECTION HEREIN.
Any claim, dispute, or controversy arising out of or relating to these Terms or the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory (“Claim”), shall be resolved through binding arbitration, on an individual basis. Subject to applicable jurisdictional requirements, you may elect to pursue your Claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes, which are accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
CLASS ACTION WAIVER:
TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND BUNNYMONEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Before serving a demand for arbitration for a Claim, you and BUNNYMONEY agree to first notify each other of the Claim. You agree to notify BUNNYMONEY of the Claim by email to firstname.lastname@example.org, and BUNNYMONEY agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and BUNNYMONEY then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or BUNNYMONEY, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and BUNNYMONEY will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
Your feedback is welcome and encouraged and you may submit feedback by contacting our customer service. You agree, however, that:
You may reach our customer service by the following ways: