Last updated: September 11, 2024
Welcome to Maroo!
These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Maroo Inc. (including its subsidiaries and affiliates ("Maroo," "we," "us," "our") regarding (1) your use of this website ("Maroo Platform”, “Platform”) described below in Section 3), and (2) your access to your Maroo account information (“Maroo Account”, “Account”) and service through the Maroo Platform (collectively, the "Maroo Service(s)" or "Service(s)") as described below in Section 3, as applicable.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE MAROO PLATFORM OR USING THE MAROO SERVICE, YOU AGREE TO BE BOUND BY THE (1) MAROO TERMS OF SERVICE, (2) MAROO E-SIGN CONSENT AGREEMENT, AND (3) MAROO PRIVACY POLICY.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE MAROO PLATFORM OR USE THE MAROO SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
If you do not understand any of the terms of this Agreement, please contact us at [email protected] before using the Maroo Platform or Maroo Services.
For certain products and services, we may partner with banks or other Third Parties (each, a "Bank Partner", “Third Party”). If you are approved for a product or service offered through Maroo by one of these partnerships, or through other partnerships with Bank Partners or Third Parties, you will enter into an agreement with the Bank Partner or Third Party. Notwithstanding any other provision of this Agreement, any agreement you enter into with a Bank Partner or Third Party (and not this Agreement) will control with respect to the associated Bank Partner or Third Party product or service.
By accessing the Services, you agree to, and are bound by, the terms and conditions of this Agreement. If you do not agree to this Agreement, do not use the Services. You represent that you have authority to enter into this Agreement on your own behalf and on behalf of any person or organization for which you act.
Maroo may modify the provisions of this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective, unless you specifically agree to such changes (for example, by confirming a installment payment schedule).
If Maroo makes any changes to this Agreement that it deems to be material, we will make a reasonable effort to inform you of such changes. Your continued use of the Services after a modification signifies your agreement to the modification.
Maroo enables wedding and events related businesses to seamlessly manage projects and relationships by providing booking, invoicing, and financial tools designed to fortify their businesses. Furthermore, Maroo enables couples and hosts to pay for their events or weddings in a simple and fair manner.
You may register on the Maroo Platform as either a wedding or event related business (“Vendors”) or a couple, host, or related party (“Clients”).
Depending on the designation of your account, different Services may be available to you. Certain Services may also only be available subject to the payment of such fees detailed on the Platform.
Maroo provides Services, which generally enable Vendors to collect and receive payments for products and services provided to both individual consumers and businesses. A Vendor uses the Maroo Platform to create and send an invoice to a Client or to another Vendor in order to request a payment. Vendors may also request payment from consumers or businesses that have not registered for Maroo’s Services (collectively, “Users”). For access to and use of the Services, Maroo may charge Users a fee (the “Fee”) at the time of payment submission.
Maroo offers a Service to Clients, which enables them to pay over time. When a Client pays with Maroo Book Now Pay Later (BNPL), you may be offered a closed-end installment payment product with terms expressed in your Payment Agreement. These may be offered by a Bank Partner or Third Party. Payment options may vary based on invoice price, Vendor, and may not be available in all states. If you choose to use Maroo BNPL, either Maroo, the Bank Partner or Third Party, depending on the product, will pay the Vendor on your behalf in exchange for your promise to repay the same amount plus a finance charge, where applicable.
Maroo makes the Platform and the Services available to Vendors, Clients, and Users that are at least 18 years of age or older (19 years of age in Alabama or if you are a ward of the state in Nebraska). Residents of certain states may not be eligible for installment payments products offered by a Bank Partner or Third Party. If you are not 18 years old, you may not use the Maroo Services.
You must be a human to open an Account. Accounts registered by “bots” or other automated methods are not permitted.
By applying for an Account or to use the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you may not access or use the Services or apply for an Account. Maroo may refuse to provide an Account for any individual or entity at its sole discretion.
To register for a Maroo Account, you or the person or people submitting the application (your “Representative”) must provide us with your full legal name, a valid email address, your social security number, employer identification number (EIN), taxpayer identification number (TIN), legal address and any other required information to complete the sign-up process, as requested by Maroo. If you are applying for an Account on behalf of a Vendor, you may also be required to provide a business address, business ownership details, the nature of the business and other business information that we may request. We will use this information to permit Maroo and our Banking Partners and Third Parties to conduct due diligence on you prior to opening up an Account, and throughout the course of our business relationship with you. Our use of your information is subject to the terms of our Privacy Policy (“Privacy Policy”). If you do not agree to the terms of our Privacy Policy, do not apply for an Account or use of Service.
If you are applying for an Account on behalf of a Vendor, you must specify at least one Representative. You and your Representative individually affirm to Maroo that your Representative is authorized to provide the information described in this Section on your behalf and to bind you to this Agreement. Further, you are liable for any actions of your Representative, and for any other person with access to your credentials or your Account. If you are an Administrator, you represent and warrant that you have the authority to apply for and to manage your Vendor’s Account. In certain instances, we may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority.
By applying for a Maroo Account or using Maroo’s Services as either a Client or Vendor, you authorize Maroo, directly or through third parties, to make any inquiries we consider necessary to verify your identity or your Representative’s identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. You authorize us to retrieve information about you from our service providers and other third parties, including credit reporting agencies and information bureaus and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include your name, addresses, credit history, and other data about you or your Representative. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business.
Furthermore, if you are applying as either a Client or Vendor, at any time during the term of this Agreement and your use of the Services, we may require additional information from you as part of our due diligence process. This additional information may include contracts, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals. We may also request that you provide copies of financial statements, reporting and validating documentation that allows us to calculate outstanding credit exposure / risk of loss, or other records pertaining to your compliance with this Agreement. We may also require you to provide a personal or company guarantee. Maroo reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.
As a Client (and for certain situations with Vendors), you expressly authorize Maroo and Maroo’s Bank Partners or Third Parties to obtain (for itself or on behalf of another) consumer reports from consumer reporting agencies about you (1) when you apply for a Installment Payment Plan or line of credit, (2) periodically throughout the term of your Installment Payment Plan or while you have a line of credit (including in the month following the month when you pay off or otherwise satisfy the Installment Payment Plan or line of credit) and (3) periodically in connection with the use of any other Services that we offer or that you may obtain from us. In each case, you expressly authorize us to use such information about you to (i) determine your eligibility for a Installment Payment Plan or line of credit, (ii) market refinancings, (iii) provide you with other services (including financial management tools and credit profile tools) you may request, (iv) make decisions related to the servicing and collection of your account, (v) measure how the Installment Payment Plan / line of credit you obtained through us impacts your credit, (vi) perform other statistical analyses, and (vii) share information with you about your credit profile.
If you apply for an additional Installment Payment Plan or line of credit from us, you further authorize Maroo, Bank Partner, or Third party that has information about you (including a consumer report) to convey such information to the applicable party in order to determine your eligibility for such additional Installment Payment Plan or line of credit. You understand that any of the Maroo Bank Partners or Third Parties may report information about your Installment Payment Plan or line of credit (such as on-time, late, and missed payments; any defaults; and the fact you paid off your Installment Payment Plan or line of credit) to credit reporting agencies, and that such information may be reflected in your credit report.
You agree to keep the information in your Maroo Account current. You must promptly update your Maroo Account with any changes affecting you, the nature of your business activities, your Representatives, beneficial owners, principals, or any other pertinent information. We may suspend your Maroo Account or terminate this Agreement if you fail to keep this information current. You also agree to promptly notify us in writing no more than three days after any of the following occur: you are the subject of any voluntary or involuntary bankruptcy or insolvency application, petition or proceeding, receivership, or similar action (any of the foregoing, a “Bankruptcy Proceeding”); there is an adverse change in your financial condition; there is a planned or anticipated liquidation or substantial change in the basic nature of your business; you transfer or sell 25% or more of your total assets, or there is any change in the control or ownership of your business or parent entity; or you receive a judgment, writ or warrant of attachment or execution, lien or levy against 25% or more of your total assets.
You are fully and solely responsible for maintaining the privacy and security of your computer system, mobile device and all activity on your Account, even if such activities were not committed by you. You will promptly disable access to the Services if you believe your Account has been compromised or stolen, and you will immediately notify us if you believe your Account credentials have been compromised or stolen, and in the event of any unauthorized access to or use of your Account. Maroo will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Maroo harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via email at [email protected] that your Account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We will attempt to prevent unauthorized transactions or other activity using your Account, and we will assist you in the event your Account is compromised, but we do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services and you are solely responsible for any financial or other loss that results from unauthorized access to your Account. We may suspend access to your Account if we suspect your Account has been compromised.
You may request to close your Account at any time by contacting us through Maroo Support at [email protected]. Your request may take up to 30 business days to process. Upon Account closure, we may cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, Maroo will not close your Account until that payment has been made, but we may limit your ability to make additional transactions using your Account. You may not close your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the Account is closed. Maroo will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.
Maroo may close your Account if you do not log in to your Account or use Maroo Services for two or more years. Maroo will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.
As a Vendor and in connection with enabling you to receive payments from your Clients through Maroo Payments, you hereby appoint Maroo as your limited authorized payment collection agent (“Payment Agent”) for the purpose of receiving, holding, and settling payments to you pursuant to this Agreement. Vendors agree that payment received from Clients by Maroo will be considered the same as payment made directly to Vendors, regardless of whether Maroo remits or fails to remit the payment to Vendors. Vendors also authorize Maroo in its role as Payment Agent to:
Vendors further authorize Maroo to delegate its Payment Agent obligations under these Terms of Service to certain of its affiliated entities (“Affiliates”) both within and outside the United States; provided, that, Maroo will remain liable for discharge of its obligations under these Terms of Service by such Affiliates. Vendors represent and warrant that they have carefully read and understood these Terms of Service and accept them fully. Clients’ payment obligations to Vendors will be satisfied upon receipt of payment by Maroo (or its Partner Bank or Third Party, as applicable), and Maroo (or its Partner Bank or Third Party, as applicable) will be responsible for remitting funds to Vendors in the manner described in these Terms of Service.
In the event that Maroo (or its Partner Bank or Third Party, as applicable) does not remit any such amounts to a Vendor, the Vendor will have recourse for non-payment solely against Maroo, and not Clients.
Vendors agree that Maroo may describe or otherwise reflect the Terms contained herein in any Terms of Service, receipts, disclosures, or notices including, but not limited to, receipts provided to Clients that Maroo may deem necessary or prudent.
Once you have created an Account, you will need to establish and maintain a debit-enabled account (“Payout Account”) at a U.S. depository financial institution to facilitate payment of fees to Maroo and the transfer of amounts due to you. You irrevocably authorize Maroo and our Partner Banks to immediately debit your Payout Account for any and all fraudulent transactions, for current and past due fees, fines, penalties, or any amounts you owe us. You agree that Maroo shall not incur any liability for any loss, costs, or fees incurred by you that are the result of such debits by us.
We may take reasonable steps to verify your Payout Account information, for example, by requiring you to provide us a canceled check, by debiting and crediting micro-deposits into your Bank Account, including on a recurring basis, or through Plaid Technologies, Inc. (“Plaid). By using the Services, you grant Maroo and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy available at https://plaid.com/legal. Please note that payment methods may be saved to your Account for easy reference and submission.
You agree that you will not change your Payout Account without our prior consent, which will not be unreasonably withheld. If you do not obtain such prior consent, Maroo may terminate your Account and Services.
When adding or linking a payment method to your Account in order to pay Vendors, you agree to the following:
To facilitate payments through the Service, Maroo partners with a variety of Payment Service Providers, including payment gateways, money transmitters, wallet providers, credit and debit card payment processors, merchant acquirers, and merchant acquiring banks (“Payment Service Providers”).
All payment method usage associated with payments submitted via Maroo Services are subject to existing terms for your payment method, including any relevant credit or transactional limits, credit and interest terms, and rewards programs. Where applicable, Maroo (and to the extent applicable, the Partner Banks) retains all rights and authority for the treatment of your payment methods via the Services, which may supersede your payment method program terms.
For example, Maroo may impose a transactional limit on your payment method for payments via the Services, which may be a lower value than the amount allowed by your program. We may, in our sole discretion, impose limits on the size, frequency, and timing of payments sent through the Services, on a per transaction or a cumulative basis, and change those limits at any time.
When you submit a payment through Maroo Services, you authorize Maroo to debit your payment method. You also authorize Maroo to credit your payment method for payments returned to us.
Where you choose to pay via ACH, you authorize Maroo to debit your payment method in increments, as a lump sum, or recurring debit entries to your payment method we have on file. You also give Maroo the right to resubmit any ACH debit that is returned for insufficient or uncollected funds, or any other reason. You agree that payment transactions will be governed by the rules established by NACHA, the Electronic Payments Association, as in effect from time-to-time, under which you are an "Originator", Maroo is a "Third Party Service Provider," and Partner Banks are the "Originating Depository Financial Institutions." You are responsible for all claims, demands, losses, liabilities and expenses (including attorneys’ fees and costs) that result directly or indirectly from your failure to perform your obligations under the NACHA rules and you indemnify Maroo and the Partner Banks for the same.
Payments submitted for immediate processing will require successful payment method authorization at time of submission, while payments marked for future processing will require payment method authorization on the process date indicated for the payment. If a payment method fails to authorize, Maroo will be unable to continue to process your payment, and Maroo will notify you via the Services.
The ACH Network allows you to collect funds through debit or credit Transactions from US bank account holders. Terms specifically applicable to initiation of ACH Network Transactions are stated below. As with all Payment Methods, your use of Maroo products that provide access to the ACH Network via submission of ACH Debit and ACH Credit entries, bind you to these ACH Payment Terms (these “Terms”) as part of the Maroo Services Agreement. By using Maroo Services you accept and agree to comply with all of these terms.
Nacha Rules: When submitting Transactions over the ACH Network, you must comply with the Nacha Operating Rules.
ACH Entry Authorizations: When you send or collect funds with ACH credit and debit entries via the Maroo Services, Maroo is operating as a Third Party Sender and you understand and accept your role as the Originator (as defined in the Nacha Operating Rules), including to authorize the banks that Maroo’s ACH Service Provider uses to enable the submission of Transactions over the ACH Network (“ODFI Banks”) on your behalf to and from your Customer’s bank accounts. When you use Maroo to initiate ACH Network Transactions with your Customers, you represent and warrant that: (a) you have all necessary authorizations and approvals from your Customers for Maroo to transmit an ACH Network debit or credit Transaction to the Customer’s bank account and (b) the information you provide Maroo about each ACH Network Transaction is accurate, timely and complete. Maroo is not liable for any return, reversal or other failure (or any related costs) arising from your acts and omissions, including failure to obtain your Customer’s authorization for an ACH Network Transaction.
Timing of Funds, Limits and Charges: Maroo and its ACH Service Provider will make funds available as per settlement timings agreed to in relation to the type of ACH transfer selected. Maroo may require separate or pass through origination limits as set up by the ACH Service Provider. Charges for your origination of ACH, returns and other ACH related services will be billed to you by the Maroo.
Termination and Suspension: Without limiting Maroo’s rights to terminate or suspend your access to the Services under the Maroo Services Agreement, Maroo may also terminate or suspend your access to the ACH Network for your violation of the Nacha Operating Rules, including if an ODFI Bank requires your suspension or termination, or if you exceed acceptable limits on returns.
Requests for Compliance Information: By collecting funds via ACH debit Transactions and as required by the Nacha Operating Rules, you will provide information and documentation requested by Maroo, Maroo’s ACH Service Provider, or ODFI Banks for the purpose of ensuring your compliance with these Terms and the Nacha Operating Rules upon reasonable notice. You agree to cooperate with any request for information necessary to complete ACH risk assessments and audits in a timely manner. Maroo may suspend or terminate your access to the ACH Network immediately if you fail to provide information or documentation requested.
Warranty: You warrant to Maroo, as an Originator of Transactions made under the Nacha Operating Rules, that no Transaction delivered to Maroo, will cause Maroo, its ACH Service Providers, or ODFI Banks to be in violation of any regulation or sanction administered by a Governmental Authority or otherwise cause Maroo, its ACH Service Providers, or ODFI Banks to be in violation of an laws of the United States.
Nested Third Party Senders: You must not submit ACH Network Transactions as a Nested Third Party Sender (as defined in the Nacha Operating Rules) through the Maroo Payments Services.
Payments may be submitted with a process date in the future (“Scheduled Payments”), but must be assigned to a payment method at time of submission which remains valid through the payment process. The details of a Scheduled Payment, including associated Fees, are locked in at time of submission, except where noted otherwise.
Prior to its process date, a Scheduled Payment may be canceled or edited via the Services. Editing a Scheduled Payment is functionally treated as the deletion of the original Scheduled Payment and creation of a new Scheduled Payment, and accordingly may result in alterations not specifically requested including but not limited to recalculation of associated fees and rates (e.g. foreign exchange conversion rates) and reiteration of any applicable payment review processes.
For Vendors, Maroo will, with its Partner Banks, arrange to deposit funds to the bank or other financial institution account that you designated Payout Account. You affirm that you are authorized to initiate settlements to and debits from the Payout Account, and that the Payout Account is owned by you and titled in your legal or trade name.
If you update your Payout Account (including via the Dashboard) then you must ensure that you continue to comply with the requirements of this section. We may require you to provide us with documentary proof demonstrating your compliance with this section, and your failure to provide such proof will constitute a breach of this Agreement.
The term “Payout Schedule” refers to the time it takes for us to deposit funds into your Payout Account. Maroo offers one (1) business day payouts. However, please be aware that a Payment Method Provider, a Payment Method Acquirer, or the financial institution holding your Payout Account, may delay settlement for any reason. We are not responsible for any action taken by the institution holding your Payout Account to not credit the Payout Account or to otherwise not make funds available to you as you expected.
We reserve the right to change the Payout Schedule or to suspend settlement to you. If we exercise our right to withhold a Payout for any reason, we will communicate the general reason for withholding the Payout and give you a timeline for releasing the funds.
The information required for payout will depend on the financial institution holding the Payout Account. As a Vendor, please make sure that any information about the Payout Accounts that you provide to us is accurate and complete. If you provide us with incorrect information (i) you understand that funds may be settled to the wrong account and that we may not be able to recover the funds from such incorrect transactions and (ii) you agree that you are solely responsible for any losses you or third parties incur due to erroneous settlement transactions, you will not make any claims against us related to such erroneous settlement transactions, and you will fully reimburse us for any losses we incur.
As a Vendor, if you suspect an error in your payment transaction statement or history, you must notify us in writing. You must include in your written request for investigation: (a) your name; (b) business name; (c) Bank Account number; (d) the dollar amount of the asserted error; (e) a description of the asserted error; and (f) an explanation of why you believe an error exists and the cause of it, if known. Maroo must receive your written notice within forty-five (45) days after you received a statement containing the asserted error. If you fail to notify us within forty-five (45) days, you will be deemed to have accepted the fees and charges as set forth in the applicable statement and we will have no obligation to investigate the error or refund any such amounts to you. We will advise you of the results of our investigation if we conduct one, and if we have made an error, we will correct it promptly. If we determine that there was no error, we will send you an explanation of the determination. You may ask for copies of the documents that we used in our investigation.
Clients or Vendors may dispute transactions, which may lead to a payment transaction being reversed or returned, otherwise known as a “Chargeback” for credit card payments or “ACH Return” for ACH payments. Maroo does not decide what transactions are charged back, and Maroo does not determine the ultimate resolution of a Chargeback or ACH Return. Your Clients or Vendors may be able to successfully charge back a transaction even though you have provided your goods or services.
As the ultimate payment recipient, you are responsible for all Chargebacks and ACH Returns and will be liable to us for the total amount of any sale for which a customer disputes the validity of the sale, plus up to $25 and any applicable Chargeback or ACH Return fees imposed by us or a third party, including VISA and MasterCard chargeback arbitration fees. You authorize us to offset from incoming transactions and to debit your Payout to recover any Chargebacks or ACH Returns plus any applicable fees imposed by us or a third party, including VISA and MasterCard chargeback arbitration fees. You authorize Maroo to submit documentation and other information to third parties on your behalf in order to dispute the Chargeback or ACH Return. You agree to fully cooperate with us in complying with third party rules regarding Chargebacks or ACH Returns, including any request for documentation. We may suspend Maroo Payments and stop releasing funds until you reimburse us for all unpaid Chargebacks or ACH Returns. You must not re-enter or reprocess any payment transaction that has been charged back or returned.
In case of unsuccessful withdrawal of disputed funds from your account, you agree to refund Maroo within 7 business days from the initial attempt failed.
Excessive Chargebacks and ACH Returns are a breach of this Agreement and cause for immediate termination. “Excessive Chargebacks and ACH Returns” means chargebacks or ACH returns during any monthly period and for any one of your Accounts, including: (a) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of transactions; (b) ACH returns in excess of 0.5% or returns in excess of 3% of the average monthly dollar amount of transactions (including, but not limited to non-sufficient fund codes); or (c) processing an average transaction above the processing limits or amount approved by us. You authorize us, upon the occurrence of Excessive Chargebacks, to take additional actions we may deem necessary, including, but not limited to, suspension of Maroo Services.
In certain situations, you may allow a refund to your Clients or Vendors by contacting Maroo at [email protected]. The availability of refunds and processes for their execution are dependent on the payment type used by your Client or Vendor. Partial or full refunds are offered for card payments; and full refunds for bank transfers (i.e. ACH payments). As a Vendor, you are responsible for any fees related to the refund (e.g. processing fees for the initial transactions).
If we believe there is unusual activity on your Account, we may, in our sole discretion, temporarily suspend your access to Maroo Services, place holds on your payouts that delay or suspend disbursement, and/or terminate your Account. Unusual activity includes, but is not limited to: (a) changes in your average transaction amount or processing pattern; (b) monthly percentage of different transaction types; or (c) Excessive Chargebacks or ACH Returns. We may, in our sole discretion, place holds on your transactions or Merchant Account to otherwise protect against potential risk or fraud. Reasons for holds are proprietary to Maroo and may be based on multiple factors, including, but not limited to: (i) no or limited payments processing history with Maroo; (ii) past performance or standing of your Account, including return or dispute rates; or (iii) sales of higher risk goods or services. You understand and agree that our evaluation of risk may result in your ineligibility for certain Services, such as those enabling faster funding than standard deposit timing. We will notify you in the event that you do not qualify for these Services and / or if you later become eligible. Maroo also reserves the right, in its sole discretion, to review and either clear or cancel each transaction. If a transaction is cleared after review, we will provide notice to you. Otherwise, we will cancel the transaction and funds may be returned. Maroo will have no liability for any losses, either direct or indirect, which you may attribute to any hold, review, or other delay or suspension of funds disbursement. If we hold or review a transaction, you acknowledge that your Client’s or Vendor’s product or service must be delivered just as if you have been paid. Further, if a transaction is subject to a hold or review, you acknowledge that fees associated with the transaction will be charged.
As a Client or Vendor, you must immediately notify us of your insolvency or of any bankruptcy, receivership, assignment for the benefit of creditors, or similar action or proceeding initiated by or against you, whether or not such action or proceeding is under court supervision. Unless prohibited by applicable law, we have the right to terminate this Agreement upon the commencement of any such of these actions or proceedings, or upon your insolvency. You will include us on the list and matrix of creditors as filed with the Bankruptcy Court or as filed or submitted in any other insolvency-related action or proceeding, whether or not a claim by us may exist at the time of filing or commencement of such proceeding; failure to do so will also be cause for immediate termination of this Agreement or for any other action available to us under this Agreement, under applicable Rules, or under applicable law. You acknowledge that this Agreement constitutes an executory contract to make a loan, or extend other debt financing or financial accommodations to or for the benefit of you, and, as such, cannot be assumed or assigned in the event of your bankruptcy or any other insolvency-related proceeding or otherwise, without our expressed written consent.
For a list of rates and fees, see the pricing schedules made available on the Maroo website. All rates and fees are in U.S. dollars and subject to change; where you may become subject to any increase in rates or fees, we will provide thirty (30) days advance notice. We may provide you notice by posting updated pricing or terms on our website or sending you email communication. By continuing to access and use the Services after we have provided you any price changes, you are agreeing to such changes. All fees due in connection with the Merchant Payment Service are non-refundable, whether such fees are set-up fees, transaction fees, monthly subscription fees, or other fees. You agree that you will also be responsible for any Chargebacks and any fees, fines, or penalties assessed to us or to you. You agree that we may collect fees and other amounts owed under these Terms by different means, including but not limited to: netting against the proceeds of your payment activity; debiting your Payout Account; or exercising any other legal rights and remedies we may have under law or equity. You agree that we may collect reasonable fees (including attorney’s fees) arising out of, or related to, our efforts to collect fees or other amounts from you. If you wish to dispute payment to, or collection by Maroo of any fee, you must provide written notice of such dispute within forty-five (45) days after you received a statement containing the fee.
You are responsible for all taxes and other charges imposed by any governmental authority in connection with your use of Maroo Services. You are solely responsible for determining any and all taxes assessed or required to be collected, and / or paid by you in connection with your use of our Services. Maroo may be required by law to report certain transactions that meet certain Internal Revenue Service (“IRS”) requirements.
By using Maroo Payments, you are responsible for abiding by your respective state laws and regulations. This includes the charging and collection of state taxes (as stated above) as part of your business, as well as, passing through any fees incurred by leveraging Maroo’s Services.
As a Client, when you elect to use Maroo BNPL, Maroo will secure your promise to pay by disclosing the Terms of Service applicable to that transaction, product or service, and securing your affirmative consent to those terms for that transaction, product or service, including your promise to pay the Total Payments amount to the Maroo Partner Bank or Third Party, by asking you to click the button to confirm your terms acceptance.
In the event of three missed payments by the Due Date, Maroo additionally reserves the right to notify your Vendor. Depending on your contractual terms with your Vendor, they may have the right to cancel your contract.
Rates range from 0% to 30% fixed Annual Percentage Rate ("APR"), depending on the payment terms you selected while paying with Maroo BNPL (0% APR installment plans are offered as a default option, but in case you need to increase the payment terms, fixed APR will be applied and indicated for your attention. Installments plans are simple interest payment plans, which means that interest, if any, accrues daily on the unpaid principal balance, up to the amount of the finance charge, until you pay the amount in full.
Installment payment plans may be subject to a finance charge based on the applicable interest rate. Maroo’s Partner Bank or Third Party will always disclose the specific finance charge before you agree to any Installment Payment plan.
Maroo assesses a late payment fee of $25 on all Maroo BNPL installment payments.
For the certain transactions, you may be required to make an immediate, one-time partial payment of the total price (a "Partial Payment"). If you are required to make a Partial Payment, you acknowledge that, notwithstanding the fact that Maroo is not a party to the initial agreement between you and the Vendor (i.e. your purchase), Maroo acts as the Vendor’s payment collection agent for the limited purpose of accepting Partial Payments from you on behalf of the Vendor. Upon your payment of a Partial Payment to Maroo, your payment obligation to the Vendor for the Partial Payment is extinguished and Maroo is responsible for remitting the Partial Payment to the Vendor. In the event that Maroo does not remit a Partial Payment to the Vendor, the Vendor will have recourse only against Maroo and not you.
You may use one of the acceptable methods of payment set forth in your relevant Installment Payment Plan Agreement to make one-time transactions to pay your account as payments become due or you may set up automatic account payments. Furthermore, nothing in this Agreement will be construed as applying to the extent inconsistent with the Installment Payment Plan Agreement related to your product or service.
Currently, acceptable methods of payment are:
If charges cannot be processed through your credit card, debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds or charged back, you will be responsible for any fees incurred (including a fee of $25), and Maroo will have no liability with respect thereto.
You agree to allow Maroo to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Maroo Electronic Disclosures, you agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay an amount owed to Maroo pursuant to this Agreement, Maroo may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.
You agree that Maroo may provide you communications about your Account and a Maroo Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Maroo reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Maroo Service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via SMS or other online or mobile notification).
We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
You understand and agree that Maroo may monitor or record telephone conversations you or anyone acting on your behalf has with Maroo or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Maroo may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Maroo, and Maroo does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Notwithstanding this provision, Maroo's delivery of any Disclosures governed by the Maroo Consent to Electronic Disclosures shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
By using the Maroo Services, you agree that:
In connection with the Maroo Services, Maroo or Maroo and our Partner Bank and Third Parties, are required by law to provide you with certain disclosures in writing. Without your consent, Maroo, Partner Banks, and Third Parties are not permitted to provide those disclosures to you online.
"Disclosures" include, but are not limited to, (1) Agreements and policies required to use the Maroo Services (e.g., these Maroo Terms, the Maroo Privacy Policy and each Partner Bank or Third Party Privacy Policy, and Installment Payment Plan Agreements), (2) Payment authorizations and transaction receipts or confirmations, and (3) Account statements, billing statements, and account histories; and (4) Any other disclosures required by law regarding your legal rights and obligations relating to the Maroo Services.
By providing your consent as set forth in Section 9.F below ("Consent"), you agree to the following:
You understand that, in order to view and / or retain copies of the Disclosures, you will need the following:
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Maroo Services after receiving notice of the change is the reaffirmation of your Consent.
You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a request through the 'contact us' link at maroo.us or emailing [email protected]. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and / or enforceability of prior electronic Disclosures will not be affected. If you withdraw your Consent, Maroo may close or limit access to your account and the Maroo Services. You agree to pay any amount owed to Maroo and / or the Partner Bank or Third Party even if you withdraw your Consent and we close or limit access to your account.
You agree that Maroo may modify or change the methods of disclosure described herein, and that Maroo and/or the Partner Bank may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact Customer Support via [email protected].
You agree that Maroo is not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that is not caused by Maroo's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Maroo Services, and to maintain and update promptly any changes in this information. To update your information, contact our Customer Support team via [email protected].
Before using the Maroo Services, you will be asked for your agreement “Consent” to the Maroo Terms of Service, by clicking "Create Account." This action constitutes your electronic signature and manifests your “Consent” and agreement to electronic disclosures.
If you do not provide your Consent, you may not use the Maroo Services and must discontinue your use of the Maroo Services immediately.
By entering into this Agreement or using the SERVICES, you agree to receive TEXT MESSAGES FROM MAROO AT THE TELEPHONE NUMBER THAT YOU PROVIDE TO US. YOU AGREE THAT TEXTS may be generated by automatic telephone dialing systems. TEXT MESSAGES from MAROO may include but are not limited to: operational communications concerning your Account or use of the Services, updates concerning new and existing features OF THE SERVICES, AND communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional texts, you may email [email protected]. You acknowledge that you are not required to consent to receive promotional texts as a condition of using the Services. If you wish to opt out of all texts from Maroo (including operational or transactional texts), you can also email [email protected], however you acknowledge that opting out of receiving all texts may impact your use of the Services.
By creating an Account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Services even after you have opted out of receiving marketing communications.
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Maroo account, you acknowledge that Maroo may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Maroo responsible for, and will indemnify Maroo from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
Links to non-Maroo websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Maroo has no control over the content on such non-Maroo websites. Maroo makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Maroo warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Maroo, you must do so at your own risk. Maroo does not guarantee the authenticity of documents on the Internet. Links to non-Maroo websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
Maroo will only use your Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed or authorized by you. You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and us. Neither party may use any Personal Data to market to Users unless it has received the express consent from a specific Users to do so.
Protection of Personal Data is very important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to the terms of our Privacy Policy, which we may update from time to time.
You affirm that you are now and will continue to be compliant with all applicable Laws governing the privacy, protection, and your use of Data that you provide to us or access through your use of the Services. You also affirm that you have obtained all necessary rights and consents under applicable Laws to disclose to Maroo – or allow Maroo to collect, use, retain, and disclose – any Personal Data that you provide to us or authorize us to collect, including Data that we may collect directly from Users using cookies or other similar means.
If we become aware of an unauthorized acquisition, disclosure or loss of Personal Data on our systems, we will notify you consistent with our obligations under applicable Law. We will also notify you and provide you with sufficient information regarding the unauthorized acquisition, disclosure or loss to help you mitigate any negative impact on you.
If a dispute arises between you and Maroo, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Maroo at [email protected] to try resolving your problem directly with us.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE MAROO SERVICE OR THE PLATFORM. Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Platform, your use of the Maroo Services, a product offered or provided by or through the Platform or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Maroo shall be resolved by non-appearance based binding arbitration, rather than in court.
Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the "AAA") pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the "Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Maroo will pay all arbitration fees and expenses. The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration.
The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in- person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Maroo each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Maroo and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our "Affiliates").
Except as explicitly provided elsewhere in this Agreement, all claims you bring against Maroo must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Maroo may recover from your attorneys' fees and costs up to $1,500 per claim, provided that Maroo first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
You and Maroo agree that any arbitration shall be limited to the dispute between Maroo and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Maroo agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Maroo's intellectual property rights; and (2) any claim for injunctive relief.
The failure of Maroo to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision. These Terms of Service constitute the entire Agreement between you and Maroo with regard to your use of the Maroo Services and any previous Terms of Service that may exist between you and Maroo is hereby superseded. This Agreement cannot be changed or modified by you except as posted on the Services by Maroo. Except as provided in Section 16 (Mandatory Arbitration), if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. Except as provided in Section 16 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Maroo or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
"Maroo" is the marketing name for certain activities of Maroo as operator of the Services. "Maroo" is a trademark of Maroo. Other featured words or symbols may be the trademarks of their respective owners.
You agree to indemnify, defend and hold Maroo and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.
Neither Maroo nor its Partner Banks or Third Parties shall be liable for any issues or delayed performance caused by circumstances beyond Maroo’s, Partner Banks’, and Third Parties’ irreasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, service provider failures or delays.
MAROO AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. MAROO AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MAROO AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
MAROO AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MAROO AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE MAROO AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER MAROO NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
You and Maroo both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
This Agreement is between you and Maroo. No user has any rights to force Maroo to enforce any rights it may have against you or any other user.
If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
Covered Borrowers under the Military Lending Act. Notwithstanding any other provision of this Agreement, Section 16 (Mandatory Arbitration), Section 24 (Limitations of Liability), and Section 25 (Statute of Limitations) shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g).
Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
Maroo operates and controls the Services from its offices in the United States. Maroo makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Maroo to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. This Agreement is effective until terminated by either party.
You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Maroo or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Maroo) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Maroo if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement.
You may not assign these obligations under the Agreement without Maroo's prior written consent, but Maroo may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Maroo's request, you will furnish Maroo any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Maroo by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
You may contact us regarding your Account, Services or this Agreement via email at [email protected]. Please note that any Account-related matters (e.g. refund requests) must come from the email address listed on your Account. Account-related communications initiated via other channels may require identity verification in order to obtain information or change settings.