GUAVAPAY USA LLC and Avenu

Terms and Conditions for MYGUAVA TRANSFERS powered by AVENU

Thank you for your interest in the MYGUAVA TRANSFERS offered by GUAVAPAY USA LLC (“us”, “we”, or “our”). This is an explanation of the things you should know about the MYGUAVA TRANSFERS (“account”), a product made available by AVENU, a division of MainStreet Bank member FDIC (“Bank Partner”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (ALL TOGETHER, "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the account. These Terms are effective from [Effective Date] . The Terms may change from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the account.

CONSUMER FRAUD ALERT

BE AWARE OF FRAUD TACTICS AND PROTECT YOURSELF. BE CAUTIOUS ABOUT SENDING MONEY TO STRANGERS, UNSOLICITED E-MAILS, FOR INTERNET AUCTIONS, NEWSPAPER, OR TELEPHONE OFFERS. Notify us immediately if you believe your GUAVAPAY USA LLC username and password have been lost, stolen, compromised or if someone may have used them without your permission.

1. CUSTOMER IDENTIFICATION PROGRAM “CIP” DISCLOSURE Important Information about Procedures for Opening a New Account. 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 to you, the customer, is that when you open an account, we will ask you for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

2. PRIVACY NOTICE When you sign up for an account with us, we may collect and use your personal information on behalf of our Bank Partner to facilitate the provision of banking services pursuant to MainStreet Bank's Privacy Notice as applicable. Federal law requires our Bank Partner to provide notice to certain consumers to explain what personal information they collect, how they share it, and how consumers may limit our Bank Partner's sharing of the information. The privacy practices of our Bank Partner are subject to their privacy notices, which we strongly suggest you review.

3. MYGUAVA TRANSFERS ELIGIBILITY The account is available to United States citizens or lawful permanent residents of the fifty (50) United States (“U.S.”), and the District of Columbia who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number. The account is only available to individuals for personal, family or household purposes and may not be opened by a business in any form or used for business purposes. You must also agree to go paperless. This means that you must (1) provide us with a valid email address and (2) agree to accept electronic account disclosures. Please refer to Section 9 of these Terms for additional details. We may decline to open an account for you for any reason, or for no reason; this includes if you have had or currently have any other relationships or accounts with us that you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from refusal of an account.

4. TITLING AND OWNERSHIP The account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors (UTMA) account or a Payable On Death (POD) account.

5. HOW TO OPEN AND CLOSE A MYGUAVA TRANSFERS ACCOUNT You may apply for an account by submitting a request through MYGUAVA TRANSFERS and providing all requested information. If you wish to close your account, you may do so by notifying us in writing or simply following the instructions on the app or website. Subject to any outstanding fees payable by you to us, you may redeem at par all of the balance of electronic money in your account (excluding amounts that have not cleared your financial institution) by selecting one of the withdrawal options available to you in your country of residence or by using your card at any ATM. We will process the withdrawal request provided all identity and security validation and verification checks are successfully completed.

6. MYGUAVA TRANSFERS ACCOUNT DISCLOSURE

• This is a non-interest-bearing demand deposit account made available to eligible consumers by our Bank Partner.
• There is no minimum deposit required to open an account and no minimum balance you need to maintain in your account.
• There is no monthly maintenance service charge, as long as the account remains open.
• There are no transaction limitations on this account. However, limitations may be invoked in the event of identified Bank Partner's security limits
• Electronic statements will periodically be provided to you through MYGUAVA TRANSFERS. You will receive a statement monthly as long as you have transactions on your account during the statement period. If there were no transactions on your account, we will provide you statements at least quarterly. You will not receive paper statements.
• We do not permit you to overdraw your account and we do not charge you insufficient funds fees or overdraft fees. If the Available Balance in your account is not sufficient to cover any transaction you have authorized, we can refuse to process the transaction. However, there may be instances where your account can still become overdrawn, such as where a deposit is returned or if a merchant settles a transaction for an amount greater than the card authorization. You must make a deposit immediately to cover any negative balance. If your account has a negative balance for sixty (45) calendar days or more, we may close your account.

7. FUNDS AVAILABILITY POLICY - YOUR ABILITY TO USE YOUR FUNDS Our Bank Partner makes funds available according to the type of deposit and when the funds are applied or credited to your Account. Some types of deposits may not be available for immediate use. When our Bank Partner delays the availability of funds or places a hold on a deposit made to your Account, you may not withdraw those funds, and our Bank Partner will not use them to pay any debits. Our Bank Partner has the right to refuse any deposit. The length of the delay in the availability of funds varies depending on the type of deposit. If final payment is not received on any item you have deposited into your Account, or if any direct deposit ACH transfer credit is returned to our Bank Partner for any reason, you agree to pay the amount of the returned item. You may only deposit funds that are immediately available. We do not accept deposits made in cash, by check, or any form of deposit denominated in a foreign currency. Any attempt to mail us any deposit consisting of cash, check(s) or foreign currency will be sent back to the address we have on file for you. We are not liable if you do not receive the returned funds. You may not make deposits into your Account at any automated teller machine (“ATM”).

• Availability of ACH Transfers.
  Our policy is to make funds from electronic direct deposits available on the day we receive the deposit. However, it may take several days for us to receive ACH transfers from a linked account. Once they are available, you can withdraw the funds and make other transfers subject to the disclosed limitations. As a reminder, ACH debit transactions where funds are pulled from a linked external account are not considered electronic direct deposits and we may hold those funds to ensure the transaction is not returned or rejected by the paying bank for any reason. Electronic transfers initiated through GUAVAPAY USA LLC may take up to 5 business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Bank Partner. Our Bank Partner reserves the right to restrict access to, or reject, any ACH transfer that the Bank Partner believes is involved in illegal activity.
• Transaction Posting Order.
  The Bank Partner reserves the right to decide the order in which items with be paid and which items will be returned (if any). The Bank Partner's posting order may not be the same as the order in which you conducted a transaction and could result in overdrafts, if you do not have available funds at the time the item is paid. Generally, the Bank Partner posts the following three transaction types (to the extent applicable to your account) after the close of each business day in the following order:
  • Deposits and credits the Bank Partner receives before the daily cut-off time will be posted before any withdrawals.
  • Your debits and withdrawals will be posted in date/time order, based on the date and time associated with each transaction.

8. ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

You are fully responsible for the instructions you give to us and as a result, we may not be able to detect errors in your transaction instructions. It is important that you ensure all the details entered in respect of any transaction are accurate. Any transaction will be deemed to have been correctly executed where it has been executed in accordance with your instructions.

Electronic Fund Transfers Initiated By Third Parties.
You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third-party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

• Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your account(s).
• Preauthorized payments. You may make arrangements to pay certain recurring bills from your account(s).

Mobile Banking Transfers - types of transfers - You may access your account(s) through a desktop or mobile device using your username and password, to:

• transfer funds between your account(s);
• make payments from your account(s) to third parties;
• get balance and other information on your account(s)

Fees
Except as indicated elsewhere, we do not charge for these electronic fund transfers.

Preauthorized Payments
If you authorize a company or person to take payments from your account on a regular basis through a Preauthorized Transfer, you can stop any of these payments by phone or mail at the telephone number or address listed in these Terms, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after your call.

Notice of varying amounts
If these regular payments may vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for failure to stop payment of preauthorized transfer.
If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, up to a maximum amount equal to the preauthorized transfer we failed to stop.

Financial Institution Liability.
Our liability in connection with these Terms (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

• We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
• We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
• Where our card is faulty due to our default, our liability shall be limited to replacement of the card;
• Where sums are incorrectly deducted from your available balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
• In the unlikely event that sums are deducted from your available balance but neither the account owner nor an authorized user did authorize such deduction in accordance with these Terms then we shall refund the amount and return the account to the position it would have been had the transaction not taken place and we will not have any further obligation to you. Note that we are not obliged to refund the unauthorized sums if we have reason to believe that either you or an authorized user have acted fraudulently; and
• In all other circumstances of our default, our liability will be limited to redemption of the available balance.

We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the account or services provided in these Terms.

You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents' or authorized users' breach of these Terms, breach of any applicable law or regulation and/or use of our services. This provision shall survive termination of the relationship between you and us.

The exclusions and limitations in these Terms shall extend to any liability of our affiliates and providers such as card schemes, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms.

You confirm that we retain all right, title, and interest in and to all trademarks, trade names, logos, website designs, text, content and graphics, and other intellectual property rights used by us in relation to the services and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, website designs, text, content, graphics, or other intellectual property rights, is prohibited.

Confidentiality
We will disclose information to third parties about your account or the transfers you make:

• where it is necessary for completing transfers; or
• in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
• in order to comply with government agency or court orders; or
• if you give us written permission.

Unauthorized Transfers
Consumer liability.

• Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account .If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Contact in event of unauthorized transfer.
If you believe your card/code has been lost or stolen, call the number or write to the address listed in these Terms.

You should also call the number or write to the address listed in these Terms if you believe a transfer has been made using the information from your account without your permission.

Error Resolution Notice
In case of errors or questions about your electronic transfers, call or write to us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. Alternately you may use the in-application error handling. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

• Tell us your name and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the USD amount (or equivalent) of the suspected error.

If you tell us orally, we may require that you send us your dispute or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (with the exception of 5 business days for Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (or 90 days if the transfer involved a new account, a point-of- sale transaction, or a foreign- initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

9. SUSPENDING AND CLOSING YOUR ACCOUNT We reserve the right to terminate these Terms and thereby cancel your card and close your account by giving you reasonable prior notice. If we do close your account, we will also cancel any card linked to your account. Where termination is as a result of an event, act or omission that renders the Terms unenforceable, void or discharged (including as a result of illegality or change of law) we reserve the right to terminate the Terms and close your account with immediate effect.

Notwithstanding the above, we may, at our discretion, suspend or restrict access to your account (including without limitation, placing a hold on funds in your account, limiting your ability to make transactions on your account, suspending or terminating your card, and limiting your payment options), remove you from and/or not allow you to participate in any or all of our benefit schemes (including, without limitation, our reward scheme and our promotions) or close your account, at any time, without notice, in any of the following circumstances:

• If you breach any of these Terms;
• If we have reasonable grounds to believe that your account has been used without your authorization, or in connection with an unauthorized or unusual transaction or unauthorized or unusual credit card or bank account use (including without limitation, notice of the same by your bank or credit card issuer);
• If we have reasonable grounds to believe that your account has been used in connection with a prohibited transaction;
• If at any time we determine that you have provided us with any false, inaccurate, incomplete or misleading information or any name, bank account or credit card information that you are not legally authorized to use;
• In case of abuse by you of the reversal or charge back process provided by your bank or credit card company or any similar behavior where an upload is de-authorized, reversed or cancelled after having authorized a payment or withdrawal of those funds;
• If e-money is being credited to your account as the result of fraud;
• If you refuse to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;
• In case of initiation of transactions that may be considered to be cash advances or assisting in cash advances;
• If we reasonably believe your account or card has been used or allegedly used, or may be used, in, or to facilitate, any fraud, financial-crime related activity or any other illegal activity;
• In case of return of a payment for insufficient funds in your account;
• If we reasonably believe that your account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us;
• If we can no longer process your transactions for any legal or security reason or due to the actions of any third-party;
• If an event, act or omission occurs that renders these Terms unenforceable, void or discharged (including as a result of illegality or change of law); or
• Failure to pay negative balances as per these Terms.

We will notify you by email of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

We will take reasonable steps to refund any monies to you following closure of your account(s) and we will contact you if we cannot refund. Any funds which remain unclaimed for a period of six (6) years following closure of your account shall expire and be forfeited and we reserve the right to give them to charity.

If an account has been closed, for any reason, no further transactions will be possible (except to return to you the funds in your account in accordance with these Terms). In the event that a fee is incurred or transaction made on your account prior to closure, you will be liable to pay any such sums to us on demand, notwithstanding the closure of your account. This provision shall survive termination of the relationship between you and us.

Save as indicated otherwise within these Terms, on closure of your account, these Terms will cease to apply and you will cease to be an account owner. If you wish to become an account owner again, you will need to reregister and open a new account.

10. CONSENT This E-Sign Act Consent ("the E-Sign Consent") is a legally binding agreement between GUAVAPAY USA LLC, its subsidiaries, affiliates, and agents ("GUAVAPAY USA LLC," "us," "we," or "our") and you ("you," "your") regarding your use of products and services offered, operated or made available by GUAVAPAY USA LLC (collectively, the “Services”). The Services may be delivered, administered, obtained, or accessed electronically through the Internet, email, text-messaging, and/or software applications (including applications for mobile or handheld devices). In connection with any Service, we may choose to provide certain Records to you in electronic form and obtain your electronic signature in connection with those Records. If you choose not to agree to this E-Sign Consent, or you withdraw your consent, you may be ineligible to use or obtain our Services.

Records to Be Provided in Electronic Form.
The "Records" covered by this E-Sign Consent include, but are not limited to, all documents, communications, contracts, statements, notices, authorizations, and disclosures (including federal or state tax documents, statements, forms, and schedules) arising from or relating to your use or attempted use of any Service now and in the future. We reserve the right to decide which Records to provide electronically and when to request your electronic signature for those Records.

As part of your use of our Services, you are entitled by law to receive certain information “in writing.” All Records in either electronic or paper format from us to you will be considered “in writing.” You acknowledge and agree that your consent to Records is being provided in connection with a transaction affecting interstate commerce that is subject to federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. Please read this E-Sign Consent carefully and keep a copy for your records.

Scope of Your Consent.
By agreeing to this this E-Sign Consent, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it with your records. You further give your express consent to receive, view, and electronically sign the Records we display on any website, through any web browser, or in any software application (including any application for mobile or handled devices), You agree that the electronic Records we send to your designated email address may include Records displayed in the email message, attached to it or displayed when you selected links included in the message. When a Record is electronically displayed on your computer or your mobile or handheld device, you agree that your electronic signature for the Record may include clicking displayed buttons, selecting displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Record displayed on your computer or your mobile or handheld device. Your consent for our use of electronic Records and signatures will be effective unless you withdraw it in the manner described below.

How to Withdraw Consent.
If you wish to withdraw your consent to receive Records electronically, you may do so by contacting us at 175 Olde Half Day Road, Suite 140-17, Lincolnshire, Illinois, 60069. However, once you have withdrawn your consent you may be ineligible to use or obtain certain Services from us.

Request for Paper Records.
After you have consented to receive Records electronically you would like to receive a paper copy of a Record we previously made available to you, you may request a copy by contacting us at 175 Olde Half Day Road, Suite 140-17, Lincolnshire, Illinois, 60069. We will send your paper copy to you by U.S. mail. A paper copy of the requested Records will be provided at no charge. A request for a paper copy of any Record will not be considered a withdrawal of your consent to receive Records electronically.

Changing your Contact Information.
It is your responsibility to provide us with a valid phone number, contact, email, and other information on file with GUAVAPAY USA LLC, and to maintain and update promptly any changes in this information. You understand and agree that if we send you an electronic Record but you do not receive it because your valid phone number or email address or other contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Records, we will be deemed to have provided the Record to you.

Your use of a spam filter that blocks or re-routes emails from senders not listed in your email address book may impact your ability to receive our Records. Therefore, you must add GUAVAPAY USA LLC to your email address book so that you will be able to receive the Records we send to you.

You can update your contact information through your account with GUAVAPAY USA LLC via mobile application or web browser.

Hardware and Software Requirements.
To access, view, and retain electronic Records that we make available to you, you must have:

• access to the Internet;
• an email account and related software capable of receiving email through the Internet;
• supported web browsing software (the most recent version of Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari);
• software that allows you to view and print or save PDF documents, such as Adobe Reader or similar software;
• hardware capable of running the software described above; and
• a printer or long-term storage device that allows you to print or save electronic Records for future reference.

If you are obtaining a Service electronically via a mobile or handheld device (such as a smart phone or tablet), in addition to the above requirements you must have software on your device that allows you to print and save the Records presented to you. This software can typically be found in the device's respective "app store." If you do not have these capabilities on your device, please obtain the Service through a device that provides these capabilities.

Termination/Changes.
We reserve the right, at our sole discretion, to discontinue the provision of your electronic Records, or to terminate or change the terms and conditions on which we provide electronic Records. We will provide you with notice of any such termination or change as required by law.

Consent.
By clicking the button, or selecting the checkbox, displayed in connection with acknowledging and/or agreeing to this E-Sign Consent (or by otherwise taking an affirmative action indicating your agreement to this E-Sign Consent), you agree that:

You have received, read, and agree to all of the terms of this E-Sign Consent; and You consent to your and our use of electronic Records and signatures in connection with any Services that you request, use, or obtain.

11. CONTACT INFORMATION If there are any questions regarding this partnership, product, or any other service provided, please contact directly by:

Mail: GUAVAPAY USA LLC
175 Olde Half Day Road, Suite 140-17
Lincolnshire, Illinois, 60069

Phone: +1-773-441-1808
E-mail: [email protected]
Website: https://guavapay.us