Ewinpay IS AN ONLINE SERVICE PROVIDER AND NOT A PUBLISHER OR EDITOR OF CONTENT. Ewinpay DOES NOT APPROVE OR ASSUME EDITORIAL CONTROL OVER ANY CONTENT OFFERED FOR DOWNLOAD BY Ewinpay MERCHANT.
Ewinpay DOES NOT STORE ANY CONTENT ON ITS SERVERS. IF YOU HAVE ANY ISSUES CONCERNING INTELLECTUAL PROPERTY, PLEASE PAY CLOSE ATTENTION TO THE SECTION OF THIS ACCEPTABLE USE POLICY THAT GOVERNS INTELLECTUAL PROPERTY.
General Description of Agreement
What This Agreement Covers
"Merchant" means any person or business entity that (a) downloads, attempts to download, or otherwise utilizes any uniform resource locator (URL) resource that resides entirely upon a server owned/operated by Ewinpay(b) any person or entity that transmits electronic mail, files, or other data transmission into any network owned/operated by Ewinpay ; (c) and person or business entity linked to a URL resource owned/operated by Ewinpay ; and (d) any person or entity that contacts Ewinpay through the use of any telecommunications network.
"Ewinpay" means Ewinpay , Ltd., its successors, and assigns.
This Agreement between you, Merchant and Ewinpay governs the use, download, and storage of any Ewinpay website ("Site/URL"), including the sending of any electronic mail communication into the Ewinpay network, and use of any Ewinpay resources ("Service(s)") authorizing Ewinpay to charge your credit/debit card, checking account, and/or telephone invoice.
These Services permit Merchants to perform a number of interactive functions through the use of a personal computer.
Accepting the Agreement
When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.
Relation to Other Agreements
Your use of Services may also be affected by other agreements between you and Ewinpay.
When you use, download, and store any Ewinpay website, you do not change the agreements you already have with us. You should review those agreements for any applicable fees and for other restrictions, which might impact your use of any otherEwinpay Services
Description of the Services.
Services for Consumers:
Ewinpay allows Merchants to transmit data to various financial networks and telecommunication networks for settlement.
In order to enroll in any Ewinpay Service, you must be at least 18 years of age; you must populate every field on every form presented to you with accurate data; you must have a valid email address; and you must agree to be bound by this Agreement and/or any other agreement governing your use of the Service and/or particular resource.
Your failure to populate every field may result in your waiver of certain rights under this Agreement, or other agreements.
Credit/Debit Card Authorization:
By submitting your credit/debit card ("Bank Card") data to Ewinpay, you authorize Ewinpay in its complete discretion to submit a financial transaction(s) to your issuing bank for settlement.
You agree that once Ewinpay has approved or declined your transaction, Ewinpay has fully performed under the terms of this Agreement.
You agree to contact Ewinpay in the event that you desire to cancel any recurring charge, prior to the next billing cycle.
Should you fail to contact Ewinpay , you agree to indemnify and hold Ewinpay harmless from any losses or damages that you suffer as a result of a recurring charge.
Ewinpay may be contacted at: customerservice@Ewinpay.com ; www.Ewinpay.com
If you think that there is an error on your account, including an incorrect amount or unauthorized transaction, you agree to contact Ewinpay within the below time periods. Upon proper notification Ewinpay , in its sole discretion may issue a credit to your Bank Card:
o International Issued Bank Cards within 180 days of the transaction.
ACH Debit Authorization
By submitting your checking account data to Ewinpay , you authorize Ewinpay in its complete discretion to submit a financial transaction(s) to your depository bank for settlement.
Online Copyright Infringement Liability Limitation Act.
Your acceptance of this Agreement and use of any Ewinpay Service requires that you abide by the Copyright laws of EU. This being the case, we demand that you use due diligence when purchasing content, or creating your own.
You should have available for inspection any license or model release.
Ewinpay has adopted, implemented, and published a policy that provides for the termination in appropriate circumstances of merchants and account holders of our system who infringe copyright. The determination and classification of an infringer," is in our complete discretion.
If you believe that Ewinpay is hyperlinked to a website that is infringing upon your copyrighted works, you may send a notice to the following email addresses, or copyright@Ewinpay.com, or www.Ewinpay.com.
Your notice should include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
In appropriate circumstances, and in Ewinpay's reasonable discretion, Ewinpay shall expeditiously disable access to the interactive service.
Ewinpay has no obligation to monitor the Content.
The Lanham Act
Ewinpay does not tolerate, and will not provide its Service to any Merchant that is committing acts constituting trademark infringement, unfair competition, or any other violation under the Lanham Act, or state or foreign trademark laws.
Ewinpay reserves the right, in its complete discretion, to cancel a contract, or disable processing for any Merchant in the event that Ewinpay believes that the Merchant is committing acts of trademark infringement.
Merchant Accounts, Passwords, and Security
Some interactive resources provided to you require a username and password scheme.
You are responsible for maintaining the confidentiality and security of your username password, and you are fully responsible for any activity that occurs under your password or account.
You agree to immediately notify Ewinpay of any unauthorized use of your password or account, and ensure that you properly log-off any session that requests resources protected by secure hardware/software schemes.
Ewinpay shall not be liable for any loss or damages arising from your failure to comply with this section.
You understand that all information, data, text, software, music, sound, photographs, graphics, movies, videos, messages, or other materials, ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated.
This means that Ewinpay is not responsible for any online activity. You understand that some of the Content may be offensive, indecent, or objectionable.
Under no circumstances, will Ewinpay be liable in any manner for any Content, including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any Content.
You agree not to use any Ewinpay Service to:
Upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, or harassing.
Harm minors in any manner.
Impersonate any person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted.
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or junk mail.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code.
Disrupt the normal flow of data or otherwise interfere with any data communications.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the SEC, NASDAQ, FTC, FBI, or other federal or state agency.
Stalk, or otherwise harass another.
Ewinpay Unaccepted Products:
The following products and services CANNOT be sold through Ewinpay :
Child Pornography & Content.
Firearms, Ammunition, High Capacity Magazines, Air Guns
Fireworks or Pyrotechnic Devices or Supplies
Hazardous Materials, Combustibles, Corrosives
Pre-Adult Content - Pictures, Videos, etc. of Individuals Under the Age of 18 Years
Sites That Promote Hatred, Racism or Religious Persecution
The following are RESTRICTED PRODUCTS:
These products are subject to further investigation. Ewinpay reserves the right to accept or reject merchants providing the below services as it sees best.
Adult Lingerie, Adult Toys, Novelties etc.
Penis or Breast Enlargement Products
Any site with a Lottery, Raffle, or Contest
Tobacco and alcoholic drinks.
Contact risk@Ewinpay.com for further information PRIOR to offering these products for sale. There are different terms and conditions regarding the sale of these products and there may be different fees and commissions for such accounts. You will be required to provide extra business and personal information to sell any product considered "Restricted" by Ewinpay.com.
Sites found to be selling banned products or services are subject to immediate account termination, frozen funds, forfeiture of funds, fines, and/or order cancellations, all without notice.
For further info or requests, please contact: risk@Ewinpay.com
Ewinpay has no obligation to monitor the Content. However, Ewinpay reserves the right to review Content and decide as to whether Ewinpay is interested in the provision of Services in connection with said Content. Ewinpay reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
Ewinpay reserves the right at all times to disclose any information as Ewinpay deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifiable information about yourself or your children in any non- Ewinpay controlled environment.
Ewinpay does not control or endorse the Content, messages or information found in any resource, other than those controlled by Ewinpay and, therefore, Ewinpay specifically disclaims any liability with regard to the Content and any actions resulting from your use thereof.
All Content and software (if any) that is made available to view and/or download in connection with the Ewinpay Site/Service/Software, excluding content and/or software that may be made Ewinpay available by end-users through a non- Ewinpay controlled resource, is owned by and is the copyrighted work of and/or its suppliers and is protected by copyright laws and international treaty provisions.
Your use of the Site/Service/Software is governed by the terms of this Agreement, as well as the agreement connected to any Ewinpay Service.
You may not install or use any Site/Service/Software unless you first agree to this Agreement, as well as the agreement connected to the particular Ewinpay Site/Service/Software.
Ewinpay grants to you, the Merchant, a revocable personal, non-transferable license to use the Site/Service/Software as detailed in this Agreement and for no other purpose provided that you keep intact all copyright and other proprietary notices.
Any reproduction or redistribution of the Site/Service/Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content or software to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that the Site/Service/Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA.
You agree not to export or re-export the Site/Service/Software, directly or indirectly, to any countries that are subject to EU export restrictions.
The information, site/service/software, and products included in or available through the Ewinpay sites/service/software may include inaccuracies or typographical errors.
Changes are periodically made to the Ewinpay site/service/software and to the information therein.
Ewinpay and/or its respective suppliers may make improvements and/or changes in the Ewinpay site/service/software at any time. Advice received via the Ewinpay site/service/software should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Ewinpay and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, sites/service/software, products, and related graphics contained within the Ewinpay site/service/software for any purpose.
All such information, sites/service/software, products, and related graphics are provided "as is" without warranty of any kind.
Ewinpay and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, sites/service/software, products, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that Ewinpay shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Ewinpay sites/service/software.
you specifically agree that Ewinpay is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Ewinpay is not responsible for any content sent using and/or included in Ewinpay sites/service/software by any third party.
In no event shall Ewinpay and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Ewinpay sites/service/software, with the delay or inability to use the Ewinpay sites/service/software, the provision of or failure to provide services, or for any information, sites/service/software, products, and related graphics obtained through the Ewinpay sites/service/software, or otherwise arising out of the use of the Ewinpay sites/service/software, whether based on contract, tort, negligence, strict liability or otherwise, even if Ewinpay or any of its suppliers has been advised of the possibility of damages.
Ewinpay reserves the right, in its sole discretion, to terminate your access to any or all Ewinpay Site/Service/Software and the related services or any portion thereof at any time, without notice.
Ewinpay may also terminate or suspend your access to Ewinpay Site/Service/Software for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Ewinpay.
Upon termination of the Ewinpay Site/Service/Software, your right to use the Ewinpay Site/Service/Software immediately ceases.
Ewinpay shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
Ewinpay will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any unsolicited bulk email.
In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Ewinpay liquidated damages of $10 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Ewinpay 's actual damages, to the extent such actual damages can be reasonably calculated.
Such payment may be deducted directly from any monies owed to you from Ewinpay .
The laws of EU, govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Seychelles.
In all disputes arising out of or relating to the use of the Ewinpay Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ewinpay as a result of this agreement or use of the Ewinpay Sites/Services.
You agree to indemnify and hold Ewinpay, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Ewinpay Site/Service/Software.
Ewinpay reserves the right to disclose any personal information about you or your use of the Ewinpay Sites/Services, including its contents, without your prior permission if Ewinpay has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of PaySat or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Ewinpay 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ewinpay's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ewinpay Sites/Services or information provided to or gathered by Ewinpay with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liaLiability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ewinpay with respect to the Ewinpay Site/Service/Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ewinpay with respect to the Ewinpay Site/Service/Software. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.