By using Parent Day Out Payment Services, you agree to comply with and be bound by the Payments Terms of Service.
The Parent Day Out Terms of Use ("Parent Day Out Terms”) separately govern your use of the Parent Day Out platform.
Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Parent Day Out's Privacy Policy.
Scope and Use of the Payment Services
Parent Day Out Payments provides payments services, including payment collection services, payments and payouts, in connection with and through the Parent Day Out Platform (“Payment Services”). Please note that “Payment Services” include Parent Day Out Payments services associated with School Listings provided through Parent Day Out’s Listing Program.
Parent Day Out Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Parent Day Out Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
Modification of these Payments Terms
Parent Day Out Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Parent Day Out Platform.
Account Registration
In order to use the Payment Services, you must have a Parent Day Out Account in good standing. If you or Parent Day Out closes your Parent Day Out Account for any reason, you will no longer be able to use the Payment Services.
You acknowledge and agree that anyone you authorize to use your Parent Day Out Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
Eligibility, Member Verification
If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Parent Day Out Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations.
Referrals and Promotional Codes
Parent Day Out may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Parent Day Out establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Parent Day Out; (iii) may be disabled by Parent Day Out at any time for any reason without liability to Parent Day Out; (iv) may only be used pursuant to the specific terms that Parent Day Out establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Parent Day Out reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Parent Day Out determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Parent Day Out’s Terms.
Key Definitions
“Payment Method” means a financial instrument that you have added to your Parent Day Out Account, such as a credit card
“Payout” means a payment initiated by Parent Day Out Payments to a partner facility for performed in connection with the Parent Day Out Platform.
“Payout Method” means a financial instrument that you have added to your Parent Day Out Account, such as a direct deposit
"Service Fee" means the portion of each Booking Fee that is retained by Parent Day Out Payments. The service fee may vary based on specific agreements between Parent Day Out and the partner facility.
Payment Methods and Payout Methods
When you add a Payment Method or Payout Method to your Parent Day Out Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information. You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times.
When you add or use a new Payment Method, Parent Day Out Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Parent Day Out account so it can be used for a future transaction.
You authorize Parent Day Out Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Parent Day Out Account.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Parent Day Out Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
Payment Authorizations
You authorize Parent Day Out Payments to collect from you amounts due pursuant to these Payment
If, as a Partner facility, you cancel a confirmed booking, Parent Day Out Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
You agree that in the event you have already been paid, Parent Day Out Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Financial terms for partner facilities
In order to receive a Payout you must have a valid Payout Method linked to your Parent Day Out Account
Partner facilities participating in Parent Day Out Services are typically paid weekly, with payments being deposited automatically via direct deposit, as per banking information provided by the facility ("Payout Method").
The time it takes to receive Payouts once released by Parent Day Out Payments may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Parent Day Out Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
In the event of a cancellation of a confirmed booking, Parent Day Out Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
Financial terms for guests
All charges and payments will be enabled by Parent Day Out using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Parent Day Out may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Parent Day Out.
You authorize Parent Day Out Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Parent Day Out Account. Parent Day Out Payments will collect the Total Fees in the manner agreed between you and Parent Day Out Payments via the Parent Day Out Platform. Parent Day Out Payments will generally collect the Total Fees before your reservation date. Fess due will be displayed via the Parent Day Out Platform and you agree to pay such fees by selecting the payment option. If Parent Day Out Payments is unable to collect the Total Fees as scheduled, Parent Day Out Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
When book a playdate, Parent Day Out Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees,(ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
If a requested booking is cancelled the timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
You authorize Parent Day Out Payments to perform the Payment Method verification described in previous sections, and to charge your Payment Method for any bookings made in connection with your Parent Day Out Account. You hereby authorize Parent Day Out Payments to collect any amounts due by charging the Payment Method provided at checkout
Refunds
Any refunds or credits due pursuant to the Parent Day Out Terms will be initiated and remitted by Parent Day Out Payments.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Parent Day Out Payments or a third party such as your financial institution.
Collections
If Parent Day Out Payments is unable to collect any amounts you owe under these Payments Terms, Parent Day Out Payments may engage in collection efforts to recover such amounts from you. Parent Day Out Payments will deem any owed amounts overdue when: (a) for authorized charges, thirty (30) days have elapsed after Parent Day Out Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is earlier; and (b) for withholdings from a Partner facilities’ future Payouts, thirty (30) days have elapsed after the adjustment is made to the Partner facilities’ account or the associated services have been provided, whichever is earlier. Any overdue amounts not collected within thirty (30) days after they become overdue will be deemed to be in default.
Intellectual Property Ownership, Rights Notices
The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Parent Day Out, Parent Day Out Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Parent Day Out or Parent Day Out Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Parent Day Out or Parent Day Out Payments in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Parent Day Out, Parent Day Out Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
Disclaimers
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
Parent Day Out Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Parent Day Out Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
Liability
Except as provided herein, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Parent Day Out Account in any way, you are responsible for the actions taken by that person. Neither Parent Day Out Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Parent Day Out Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Members pursuant to these Payments Terms in no event will Parent Day Out Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services. The limitations of damages set forth are fundamental elements of the basis of the bargain between Parent Day Out Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Parent Day Out Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to release, defend (at Parent Day Out Payments’ option), indemnify, and hold Parent Day Out Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your breach of any laws, regulations, or third-party rights.
Termination, Suspension, and other Measures
If you cancel your Parent Day Out Account as a Member, Parent Day Out Payments will initiate a refund for any confirmed booking(s) based on the associated cancellation policy.
Parent Day Out Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Parent Day Out Payments believes in good faith that such action is reasonably necessary to protect other Members, Parent Day Out, Parent Day Out Payments, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, Parent Day Out Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Parent Day Out Terms of Use, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Parent Day Out Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Parent Day Out, its Members, Parent Day Out Payments, or third parties, or to prevent fraud or other illegal activity.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Parent Day Out Payments and an opportunity to resolve the issue to Parent Day Out Payments' reasonable satisfaction.
If you are a Partner facility and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Parent Day Out Account or attempt to access and use the Payment Services through other an Parent Day Out Account of another Member.
If you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Parent Day Out Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Parent Day Out Payments and you regarding the Payment Services.
No joint venture, partnership, employment, or agency relationship exists between you or Parent Day Out Payments as a result of this Agreement or your use of the Payment Services.
If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Parent Day Out Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Parent Day Out Payments’ prior written consent. Parent Day Out Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.