Weedmaps Retailer ACH Integration Terms and Conditions
By using or accessing the Retailer ACH Solution (as defined below), you agree to be bound by these Weedmaps Retailer ACH Integration Terms and Conditions (“Retailer ACH Integration Terms”), as well as the Weedmaps Commercial Terms of Use, the Supplemental Product Terms, the Weedmaps Privacy Policy, and any other terms or agreements that make up the WM Collective Terms of Service, as applicable. These Retailer ACH Integration Terms are incorporated into, and form a part of, the Supplemental Product Terms and the WM Collective Terms of Service. Capitalized terms used within these Retailer ACH Integration Terms but not defined herein will have the meanings given to them elsewhere in the WM Collective Terms of Service. If you access or use the Retailer ACH Solution (as defined below) on behalf of a business or commercial entity, that business will be deemed to have accepted these Retailer ACH Integration Terms.
1. Weedmaps' Role
Weedmaps may offer you the ability to integrate your Listing with Aeropay, a third-party ACH payments provider. You can use your Aeropay account to accept ACH bank payments directly from an eligible User with an Aeropay account (the “Retailer ACH Solution”).
By integrating your Listing with Aeropay, or otherwise using or accessing the Retailer ACH Solution, you acknowledge that Weedmaps has no role or responsibility in the transaction or payment process beyond providing the WM Orders services, and that the transaction and payment are made directly between you and the User using the Aeropay services. You acknowledge and agree that Weedmaps: (i) is not a financial institution, (ii) does not provide electronic fund transfer services or payment services of any kind, (iii) has no involvement in the flow of funds or the exchange of goods between you and the User, (iv) has no responsibility or liability for any payment or transaction dispute between you and a User, and (v) has no obligation to become involved in any payment or transaction dispute process between you and a User.
2. Aeropay’s Role & Compliance with Aeropay Terms
Aeropay provides the ACH payment service, which is a Third Party Material, and is responsible for all aspects of it, including compliance with Applicable Laws and NACHA operating guidelines, and with providing customer support for your Aeropay account. All activity with your Aeropay account is governed by, and subject to, the Aeropay Terms of Service.
3. Retailer’s Responsibilities & Prohibited Actions
When using the Retailer ACH Solution, you represent, warrant, and covenant that:
a. You are responsible for and must resolve any payment issues or disputes in accordance with the Aeropay Terms of Service.
b. You will accurately set up the Merchant ID provided to you by Aeropay with your Listing, ensuring both the Merchant ID used and the Listing associated with it are owned by the same licensed legal entity underwritten and approved by Aeropay.
c. You will not complete a transaction authorization and submit a payment to be processed until the point of transaction fulfillment, at which time the order has been delivered or picked up by the User.
d. If there are changes to the estimated total shown to the User during checkout when payment was initially authorized by the User, you must review all transaction changes with the User and receive their consent for the new total before submitting the payment for processing. You understand that failure to do so is a violation of these Retailer ACH Integration Terms and may result in your suspension from the Weedmaps Services.
e. You will make your refund and return policies available to Users in advance of the completion of any payment and in advance of the transaction being fulfilled.
f. You will not charge Users any fees for using the Aeropay service, or any additional fees which are not presented to them during the checkout process.
g. You will not place gift cards or gift certificates on your Listing or use your Aeropay account for transactions associated with them in connection with your Listing.
h. You will issue to Users transaction receipts in accordance with all Applicable Law and which accurately reflect all final amounts charged and submitted to Aeropay for processing.
4. Release of Liability
If you have any issue or dispute regarding a payment, your Aeropay account, or a transaction made in connection with the Weedmaps Services, including any dispute with a User, with Aeropay, or any other third party in connection with a payment or with your Aeropay account, you agree to release the Weedmaps Release Parties from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including but not limited to attorneys’ fees and court costs), known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) arising out of or related to such dispute, and you agree to indemnify, defend, and hold the Weedmaps Release Parties harmless from and against any and all Claims arising out or relating to such dispute.