YOU AGREE THAT THIS USER AGREEMENT WILL BE EFFECTIVE AS TO ALL USERS.
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We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on the "Policy Updates" page of our website. All future changes set out in the Policy Update already published on the “Legal Agreements” page of the EPay website at the time you register for the EPay Services are incorporated by reference into this Agreement and will take effect as specified in that Policy Update.
Consumer advisory - The e payment services LLC is registered as a Payment Service Providers in UAE.
This is an important document which you must consider carefully when choosing whether to use the EPay Services. Please note the following risks of using the EPay Services:
Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.
If you are a Seller, you can lower the risk of a payment being reversed from your Account by following the criteria set out in the Seller Protection section and by following the other guidance provided in the "Security Center page" accessible via every page of the ePay.me website.
We may close, suspend, or limit your access to your Account or the ePay Services, and/or limit access to your funds if you violate this Agreement, the ePay Acceptable Use Policy, or any other agreement you enter into with ePay.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the EPay Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
This Agreement is not a solicitation of the EPay Services and EPay is not targeting any country or market through this Agreement.
1.Payment Services and Eligibility.
1.1 Payment Services. EPay is a payment services provider and acts as such by creating, hosting, maintaining and providing our EPay Services to you via the Internet. Our services allow you to send payments to anyone with a EPay Account, and, where available, to receive payments. Our service availability varies by country. We offer services in compliance with local laws and regulations.
EPay is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our EPay Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction.
EPay is not a common carrier or public utility.
1.2 Eligibility.To be eligible to use the EPay Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction, and a resident of one of the countries listed on the EPay Worldwide page.
You must list your correct country of residence in your Account. This Agreement applies only to Users who are residents of one of the countries listed in Section 1.1 above. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.
1.3 Information. In order to open and maintain an Account, you must provide us with correct and updated Information.
a. Your contact information. It is your responsibility to keep your primary email address up to date so that EPay can communicate with you electronically. You understand and agree that if EPay sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, EPay will be deemed to have provided the Communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add EPay to your email address book so that you will be able to view the Communications we send to you.
You can update your primary email address or street address at any time by logging into the EPay website. If your email address becomes invalid such that electronic Communications sent to you by EPay are returned, EPay may deem your Account to be inactive, and you will not be able to transact any activity using your EPay Account until we receive a valid, working primary email address from you.
b. Identity Verification. You authorize EPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.
c. Credit Report Authorization If you open a Business Account, you are providing EPay with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing EPay to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time EPay reasonably believes there may be an increased level of risk associated with your Business Account.
d. Updates to Information. If your credit card number or expiration date changes, we may acquire that information from our financial services partner and update your Account.
1.4 Beneficial Owner.
You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.
2.1 Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the EPay Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.
2.2 Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, EPay will fund your transaction in this order (subject to availability based on your Payment Methods and country of registration):
b. Wire Transfer from your bank account
c. Debit card
d. Credit card
Note: If you do not want to use your balance, you must withdraw it before making a payment.
2.3 Cards as Payment Methods. By adding a debit card or credit card as a Payment Method, you are providing EPay with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.
2.4 Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment or a No Log-In Payment.
For a Preapproved Payment and, in most instances, a No Log-In Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile.
If you select a Preferred Payment Method but have available balance in your Account, your balance will be used to fund your payment. If eCheck is your Preferred Payment Method, it will be used to fund your EPay payment, even if you have a balance. EPay may limit the Payment Methods available for a transaction.
2.5 Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.
2.6 Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.
2.7 Preapproved Payments. A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments”, “preauthorized transfers” or "automatic payments". Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.
a. Notice for Certain Preapproved Payments. If a Preapproved Payment will vary in amount and is made using an Instant Transfer, eCheck, debit card Payment Method or your EPay balance, you have the right to advance notice of the amount and date of the transfer from the Merchant at least 10 Days before the transfer is made. If the Merchant provides the option, you may choose to receive this advance notice only when the amount of your Preapproved Payment will fall outside a range established between you and the Merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.
2.8 Stopping a Preapproved Payment. You may stop a Preapproved Payment at any time up to 3 Business Days prior to the date the next payment is scheduled to be made by notifying EPay. To stop a Preapproved Payment, access the "My Preapproved Payments" section of your Account Profile and follow the links to stop the payment. You may also stop a Preapproved Payment by calling ePay at +971 48767843 . Once you contact EPay to stop a Preapproved Payment, all future payments under your agreement with the Merchant will be stopped. If you stop a Preapproved Payment you may still be liable to the Merchant for the payment or for other penalties under the terms of your agreement with the Merchant and you may be required to pay the Merchant through alternative means. We will be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.
3.Eligibility for Use.
3.1 Ability to Receive Payments. The ability to receive payments varies by country. To determine whether you have the ability to receive payments.
3.2 Automatic Transfer Countries. If you are a resident of an Automatic Transfer Country, then you have the ability to receive payments but you must withdraw the full amount of your payment through an available withdrawal method. If you do not do so, the amounts will be automatically withdrawn from your Account to your withdrawal method on a regular basis. For additional terms regarding Automatic Transfer, please contact us.
3.3 Liability for Invalidated Payments. When you receive a payment, you are liable to EPay for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Exhibit A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment.
You agree to allow EPay to recover any amounts due to EPay by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse EPay through other means. If a sender of a payment files a Chargeback, the card issuer, not EPay, will determine who wins the Chargeback.
3.4 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting EPay as a payment method without our prior written consent. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-EPay transactions.
3.5 Receiving Personal Payments. If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase.
3.6 Preapproved Payments and/or No Log-In Payments. If you receive Preapproved Payments and/or No Log-In Payments you must receive your buyer’s Authorization to the payment amount, frequency and duration prior to submitting the payment.
3.7 Micropayments for Digital Goods. To qualify to receive Micropayments for Digital Goods, you must submit an application, be approved by us, and have an Account in good standing. By applying for Micropayments for Digital Goods, you agree that for Digital Goods transactions you receive up to the amounts in the table below, then if a buyer opens a Dispute, EPay may reverse the transaction, and remove the funds from your Account without requiring the buyer to escalate the Dispute to a Claim.
4.1 Balances. If you hold a balance, EPay will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. EPay will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. EPay may receive interest on amounts that EPay holds on your behalf. You agree to assign your rights to EPay for any interest derived from your funds.
4.2 Setoff of Past Due Amounts. If you have a past due amount owed to EPay, an Affiliate EPay may debit your Account to pay any amounts that are more than 180 Days past due.
4.3 Negative Balances and Multiple Currencies. If your Account has a negative balance, EPay may set-off the negative balance with any funds that you subsequently add or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, EPay may set-off the negative balance by using funds you maintain in a different currency balance. If you open more than one Account, EPay may set off the negative balance in one Account by using any balance that you maintain in your other Account(s). In the event that a negative balance is offset by EPay pursuant to this paragraph, it may be bundled with another debit coming out of your Account.
5.1 How to Withdraw Money. For new users All payments that you receive will be subject to an initial 30 day hold. Depending on the country in which your Account is registered, you may withdraw funds from your Account in any of these methods: (a) by electronically transferring them to your UAE bank account or to your local bank account, (b) by electronically transferring them to your Visa branded card, (c) through a EPay initiated Automatic Transfer to your linked financial instrument, or (d) by requesting a physical check through the mail. In certain countries, your ability to withdraw to a local bank account may require the use of EPay Retiros. Different currency rules may apply to EPay Retiros. Please see terms and conditions for additional information regarding the service. Depending on the country in which your Account is registered, the currencies in which you may withdraw your funds to your local bank account may be limited. With the exception of Users with Accounts registered in the People’s Republic of China or unless otherwise specified, when withdrawing your funds to your local bank account, funds may only be withdrawn in your local currency. If you are holding a balance in UAE Dirhams, you may be able to withdraw the funds to your linked UAE bank account. If you are holding a balance in a foreign currency, you may only withdraw that balance (or part thereof) after it has been converted to (a) the local currency if you are withdrawing your funds to your local bank account or (b) UAE Dirhams if you are withdrawing your funds to your linked UAE bank account. Depending on the country in which your Account is registered, you may be able to withdraw your funds through a third party service provider. Please see terms of such third party for information regarding currency conversions.
Generally, we will send checks only to confirmed addresses, unless you have a Verified Account. We will not send checks to post office boxes. If you would like us to send a check to an address that does not meet these criteria, you must contact Customer Service and provide the documentation that we request to verify your association with the address. If you fail to cash a check within 180 Days of the date of issuance, we will return the funds to your balance (minus a Fee).
5.2 Withdrawal Limits Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account. In addition, we may delay withdrawals of large sums of money while we perform a risk review. Please see terms and conditions of the EPay Retiros service for information regarding the limits applicable to such service.
5.3 Withdrawal Fees When withdrawing your balance, you will be charged the Withdrawing your Balance Fee as set out in Exhibit A (Fees) depending on the method of withdrawal. In addition, if you withdraw your balance in a currency other than the currency in which the balance on your Account is denominated, you will additionally be charged Currency Conversion Fees as set out in Exhibit A (Fees).
5.4 Payment Hold Period
1) All payments that you receive will be subject to an initial 30 day hold period and will be placed in a pending balance. This means that you will not have access to your funds for at least 30 days.
2) After the initial 30 day hold period, your funds will be released to your available balance unless EPay is holding the amounts for another reason as specified in the EPay User Agreement, or other agreement that you have entered into with EPay.
3) EPay, in its sole discretion, may determine that you are no longer subject to an initial 30 day hold period. In such an event, payments you receive into your EPay account will appear in your available balance soon after you receive the payment. EPay will base its decision to remove the 30 day hold period on a number of factors including but not limited to the following: the length of time you have been a EPay customer, the type of goods or services that you sell, and the number of customer complaints that you receive.
6.Closing Your Account.
6.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.
6.2 Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect EPay, Affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
7.EPay Buyer Protection.
7.1 Types of Problems Covered. EPay Buyer Protection helps you if you encounter either of these problems:
If your problem is a transaction that you did not authorize, please see section 8 below.
An item is "Significantly Not as Described" (SNAD) if it is materially different from what the Seller described on its website or in the item listing. Here are some examples:
An item is not Significantly Not as Described (SNAD) if it is materially similar to the Seller's item listing description. Here are some examples:
7.2 Eligibility Requirements.
a. To be eligible for EPay Buyer Protection you must meet all of the following requirements:
7.3 Ineligible Items. Payments for the following are not eligible for reimbursement under EPay Buyer Protection:
Even if your payment is not eligible for EPay Buyer Protection, you can file a Dispute and resolve the issue directly with the Seller, however, EPay will not find in your favor if you escalate a Dispute to a Claim when an item is not eligible for EPay Buyer Protection.
7.4 Coverage Amount. If you are eligible for EPay Buyer Protection and EPay finds in your favor on your Claim, EPay will reimburse you for the full purchase price of the item and original shipping costs.
EPay will not reimburse you for the return shipping costs that you incur to return a Significantly Not as Described (SNAD) item to the Seller or other party specified by EPay. If the Seller presents evidence that they delivered the goods to your address, EPay may find in favor of the Seller for an Item Not Received (INR) Claim even if you did not receive the goods.
7.5 Dispute Resolution. If you are unable to resolve a problem directly with a Seller, you can go to the transaction details and open a dispute.
Open a Dispute Open a Dispute within 180 Days of the date you made the payment to negotiate with the Seller for resolution of the Dispute.
You must wait at least 7 Days from the date of payment to escalate a Dispute for an Item Not Received (INR) Claim. If you do not escalate the Dispute to a Claim within 20 Days, EPay will permanently close the Dispute.
For transactions that total less than $250 USD (or the equivalent in other currencies as listed below), proof of delivery is confirmation that can be viewed online and includes the delivery address showing at least city/state or postal code, delivery date, and the URL to the shipping company’s website if you’ve selected “Other” in the shipping drop down menu. For transactions that total $250 USD or more (or the equivalent in other currencies as listed in the table below), you must also get a signature confirmation of the delivery (except for buyers having a EPay Account registered: in Albania, Andorra, Bosnia and Herzegovina, Croatia, Iceland, or Ukraine to whom such requirement won’t apply)
$250 USD signature confirmation requirement – other currencies equivalents:
|UAE Dirhams:||AED 900|
7.6 Digital Goods Micropayment Disputes and Claims. If you file a Dispute for a Digital Goods purchase of up to the amounts in the table below, EPay may, at its sole discretion, refund the transaction without requiring you to escalate the Dispute to a Claim.
EPay may limit the number of Digital Goods refunds that you may receive. If these are limited or if your purchase is not eligible for coverage, you will still be able to follow EPay’s standard dispute resolution processes described in this Section 7 to attempt to resolve the issue with the Seller directly.
7.7 Relationship between EPay's protection programs and Chargebacks. Credit card Chargeback rights, if they apply, may be broader than EPay’s protection programs. Chargebacks may cover unsatisfactory items even if they do not qualify as SNAD. You may pursue a Dispute/Claim with EPay, or you may contact your credit card company and pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open Dispute or Claim with EPay, and also file a Chargeback with your credit card company, EPay will close your Dispute or Claim, and you will have to rely solely on your Chargeback rights.
Before contacting your card issuer or filing a Dispute with EPay, you should contact the Seller to resolve your issue in accordance with the Seller’s return policy as stated on their auction or website.
7.8 Claims filed with Seller or other third parties. You may not file a Dispute/Claim under EPay Buyer Protection if you have already filed a claim with the Seller or another third party.
7.9 No Double Recovery. You may not receive a recovery for a purchase under EPay Buyer Protection if you have already received a recovery for that purchase directly from the Seller or another third party.
8.Errors and Unauthorized Transactions.
8.1 Protection for Unauthorized Transactions and Errors. When an Unauthorized Transaction or an Error occurs in your Account, EPay will cover you for the full amount of every eligible Unauthorized Transaction or Error so long as you follow the procedures discussed below.
An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.
The 2 Step Verification Must be Activated on Your Account to be Eligible for Protection.
8.2 Notification Requirements.
a. You should immediately notify EPay if you believe:
b. To be eligible for protection for Unauthorized Transactions, you must notify us within 60 Days after any Unauthorized Transaction first appears in your Account history statement. We will extend the 60 Day time period if a good and demonstrable reason, such as a hospital stay, kept you from notifying us within 60 Days.
You should regularly log into your Account and review your Account history statement to ensure that there has not been an Unauthorized Transaction or Error. EPay will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.
For Unauthorized Transactions or Errors in your Account, notify us as follows:
If you notify us orally, we may require that you send us your complaint or question in writing within 10 Business Days. During the course of our investigation, we may request additional information from you.
8.3 EPay Actions after Receipt of Your Notification. Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following:
If we determine that there was an Unauthorized Transaction or Error, we will promptly credit the full amount into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an Unauthorized Transaction or Error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.
8.4 EPay Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, EPay will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, EPay will debit the extra funds from your Account.
8.5 Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. EPay will not reimburse you or reverse a payment that you have made in error.
9.EPay Seller Protection.
9.1 EPay Seller Protection.
EPay Seller Protection is protection we provide to Sellers from Claims, Chargebacks, or Reversals that are based on
EPay Seller Protection is available for eligible payments from buyers in any country. If you sell or market to buyers in other countries, you should read the EPay Buyer Protection policies of the countries in which your target buyers are based (the relevant EPay Buyer Protection policies are available. as these policies will apply to you as a Payment Recipient or Seller.
9.2 Scope of Protection. EPay will protect you for the full amount of the eligible payment and waive the Chargeback Fee, if applicable.
9.3 Eligibility Requirements. To be eligible for EPay Seller Protection, you must meet all of the basic requirements listed below under (a) Basic Requirements. To be covered for Item Not Received protection you must meet both the Basic Requirements and the Item Not Received Additional Requirements listed below under (b). To be covered for Unauthorized Transactions protection you must meet both the Basic Requirements and the Unauthorized Transactions Additional Requirements listed below under (c)
a. Basic Requirements:
b. Item Not Received Additional Requirements:
c. Unauthorized Transactions Additional Requirements:
9.4 Proof of Shipment, Proof of Delivery, and Signature Confirmation Requirements:
"Proof of Shipment" is online or physical documentation from a shipping company that includes all of the following:
"Proof of Delivery (for tangible items)" is online documentation from a shipping company that includes all of the following:
"Signature Confirmation" is online documentation that can be viewed at the shipping company's website and indicates that the item was signed for on delivery.
"Proof of Delivery (for intangible or virtual items or services)" means any compelling evidence to show the purchase order was fulfilled and includes all of the following:
a. The date the item or service was provided;
b. The recipient’s address (email/IP, etc) where applicable.
NOTE: Although Buyer Protection extends coverage to buyers for intangible items, Seller Protection does not apply to intangible items.
9.5 Items/Transactions not Eligible for EPay Seller Protection.
The following are examples of items/transactions not eligible for EPay Seller Protection:
10. Restricted Activities.
10.1 Restricted Activities In connection with your use of our website, your Account, the EPay Services, or in the course of your interactions with EPay, other Users, or third parties, you will not:
a. Breach this Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other Policy that you have agreed to with EPay;
b. Violate any law, statute, ordinance, or regulation;
c. Infringe EPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. Sell counterfeit goods;
e. Act in a manner that is defamatory, trade libelous, threatening or harassing to our employees, agents or other Users;
f. Provide false, inaccurate or misleading Information;
g. Engage in potentially fraudulent or suspicious activity and/or transactions;
h. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
i. Receive or attempt to receive funds from both EPay and the Seller, bank or card issuer for the same transaction during the course of a Dispute;
j. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
k. Conduct your business or use the EPay Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to EPay, other Users, third parties or you;
l. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the EPay Services;
m. Use your Account or the EPay Services in a manner that EPay, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
n. Allow your Account to have a negative balance;
o. Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
p. Access the EPay Services from a country that is not listed on EPay's Worldwide page.
q. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
r. Send unsolicited email to a User or use the EPay Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
s. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
t. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
u. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
v. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the EPay Services;
w. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; or
x. Abuse (as either a buyer or seller) our online Dispute Resolution process and/or EPay Buyer Protection.
11. Your Liability - Actions We May Take.
11.1 Your Liability.
a.General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by EPay, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the EPay Services. You agree to reimburse EPay, a User, or a third party for any and all such liability.
b.Liability for Claims under EPay Buyer Protection. If you are a Seller and you lose a Claim filed directly with EPay, you will be required to reimburse EPay for your liability. Where you receive payment from a EPay Account holder in another country and we determine under the Buyer Protection policy of that country that the funds received should be returned or reversed, you will be required to reimburse EPay for your liability (before receiving payment from a EPay Account holder in another country, you should review the relevant EPay Buyer Protection policies available . Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases you may not receive the item back), and the EPay Fees that you were charged for the transaction. EPay Seller Protection will cover your liability for eligible Claims based on Item not Received, and eligible Unauthorized Transactions - see Section 9 (EPay Seller Protection) above.
If a buyer files a Significantly Not as Described (SNAD) Claim for an item he or she purchased from you, you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your EPay Fees. Further, if you lose a SNAD Claim because we, in our sole discretion, reasonably believe the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you might not receive the item back from the buyer (for instance, it may be disposed of or otherwise irreversibly dealt with). EPay Seller Protection will not cover your liability for SNAD Claims.
c.Liability for instructions given by you on your Account. Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by EPay. EPay will not be liable for any loss or damage you or anyone else suffers where EPay acts on those instructions in good faith, unless it was proved that EPay was negligent.
11.2 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to EPay, EPay may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Money to your EPay balance or reimburse EPay through an alternative method. If you do not do so, EPay may engage in collection efforts to recover such amounts from you.
11.3 Actions by EPay – Restricted Activities If EPay, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect EPay, Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. We may close, suspend, or limit your access to your Account or the EPay Services;
b. We may suspend your eligibility for EPay Buyer Protection and/or EPay Seller Protection;
c. We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in UAE or elsewhere and directed to EPay or its Affiliates;
d. We may refuse to provide the EPay Services to you now and in the future; and
e. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to EPay or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
11.4 Actions by EPay - Holds.
a. Risk-Based Holds. EPay, in its sole discretion, may place a hold on any or all of the payments you receive when EPay believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. EPay’s determination may be based on different factors and EPay may rely on information it receives from third parties. If EPay places a hold on a payment, the funds will appear as pending balance or withheld and the payment status will indicate the hold. If EPay places a hold on any or all of the payments you receive, EPay will provide you with notice of our actions. EPay will release the hold on any payment after 30 Days from the date the payment was received into your Account unless EPay has a reason to continue to hold the payment such as (a) the receipt of a Dispute, Claim, Chargeback, or Reversal, (b) EPay believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) EPay believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, EPay may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. EPay, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
b. Disputed Transaction Holds. If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, EPay may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute or the transaction is eligible for EPay Seller Protection, EPay will lift the temporary hold. If you lose the dispute, EPay will remove the funds from your Account.
11.5 Actions by EPay - Reserves.
EPay, in its sole discretion, may place a Reserve on funds held in your Business Account when EPay believes there may be a high level of risk associated with your Account or your use of any of the products and/or services offered by EPay and/or its Affiliates. If EPay places a Reserve in your Account, transactions will be shown as "pending" in your EPay balance, and you will not have access to funds in a “pending” status until they are cleared. If your Account is subject to a Reserve, EPay will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that EPay determines is necessary to protect against the risk associated with your Account. EPay may change the terms of the Reserve at any time by providing you with notice of the new terms.
11.6 Actions by EPay - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria EPay, in its sole discretion, reserves the right to terminate this Agreement and/or access to the EPay Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that EPay’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the EPay system. You agree that EPay is under no obligation to disclose the details of its risk management or its security procedures to you.
11.7 Acceptable Use Policy Violations. If you violate the Acceptable Use Policy then in addition to the above actions you will be liable to EPay for the amount of EPay’s damages for each violation of the Acceptable Use Policy. You agree that $50,000.00 USD (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of EPay’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to EPay that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. EPay may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.
12. Disputes with EPay.
12.1 Contact EPay First. If a dispute arises between you and EPay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and EPay regarding the EPay Services may be reported to Customer Service online through the EPay Help Center at any time, or by calling +97148767843
12.2 Arbitration For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the UAE International Arbitration Centre or any other established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.3 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 12.2 above, you agree that any claim or dispute you may have against EPay must be resolved by a court located in UAE or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within UAE for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of UAE as such laws are applied to agreements entered into and to be performed entirely within UAE, without regard to conflict of law provisions.
12.4 Improperly Filed Litigation. All claims you bring against EPay must be resolved in accordance with Section 12 of this Agreement. All claims filed or brought contrary to Section 12 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 12, EPay may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that EPay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
12.5 Notices to You. You agree that EPay may provide you Communications about your Account, the EPay Services and this Agreement electronically. EPay reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.
12.6 Notices to EPay. Except as otherwise stated above in Section 8 (Errors and Unauthorized Transactions) and Section 12.1, notice to EPay must be sent by postal mail to: E Payment Services LLC. Latifa Tower, Sheikh Zayed Road, Dubai, UAE.
12.7 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, EPay will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
12.8 Release of EPay. If you have a dispute with one or more Users, you release EPay and Affiliates (and their officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
13. General Terms.
13.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE EPay SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDAREIS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
13.2 Services Limitation. EPay is not a bank and the EPay Services are payment processing services rather than banking services. EPay is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent to you and custodian to your funds. EPay does not have control of, nor liability for, the products or services that are paid for with the EPay Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.
13.3 No Warranty. THE EPay SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. EPay, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EPay does not have any control over the products or services that are paid for with the EPay Services and EPay cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. EPay does not guarantee continuous, uninterrupted or secure access to any part of the EPay Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. EPay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but EPay makes no representations or warranties regarding the amount of time needed to complete processing because the EPay Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.
13.4 Indemnification. You agree to defend, indemnify and hold EPay, Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of the EPay Services.
13.5 EPay License Grant to You. If you are using EPay software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then EPay grants you a revocable, non-exclusive, non-transferable license to use EPay's software in accordance with the respective documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all EPay documentation accompanying the EPay Services. If you do not comply with EPay's implementation and use requirements you will be liable for all resulting damages suffered by you, EPay and third parties. EPay may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to EPay's software are owned by EPay. Any third party software application you use on the EPay website is subject to the license you agreed to with the third party that provides you with this software. EPay does not own, control nor have any responsibility or liability for any third party software application you elect to use on the EPay website and/or in connection with the EPay Services. If you are using the EPay Services on the EPay website, or other website or platform hosted by EPay, or a third party, and are not downloading EPay's software or using third party software applications on the EPay website, then this section does not apply to your use of the hosted EPay Services.
13.6 License Grant from You to EPay; IP Warranties Subject to section 13.7, when providing EPay with content or posting content using EPay Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sub licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against EPay, its sub licensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to EPay, your posting of content using the EPay Services, and EPay’s use of such content (including of works derived from it) in connection with the EPay Services.
13.7 License Grant from Merchants to EPay. Section 13.6 notwithstanding, if you are a Merchant using EPay Services, you grant EPay the worldwide right to use and depict your business name, trademarks, and logos on our website and in EPay’s mobile and web-based application for the purpose of identifying and referring to your business and your products and services and facilitating consumer transactions with you.
13.8 Intellectual Property. "EPay.com," "EPay”, “EPay.com.cn”, “EPay.com.c2”, “EPay.com.hk”, “EPay.co.il”, “EPay.co.jp”, “EPay.com.tr”, “EPay.com.sg” and all other URLs, logos and trademarks related to the EPay Services are either trademarks or registered trademarks of EPay or its licensors. You may not copy, imitate or use them without EPay's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of EPay. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by EPay through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the EPay Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to EPay or the EPay Services or display them in any manner that implies EPay's sponsorship or endorsement. All right, title and interest in and to the EPay website, any content thereon, the EPay Services, the technology related to the EPay Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of EPay and its licensors.
13.9 Calls to You; Mobile Telephone Numbers By providing EPay a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from EPay at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the EPay Services at that number.
13.10 Marketing. If you receive Information about another User through the EPay Services, you must keep the Information confidential and only use it in connection with the EPay Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
13.11 Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the EPay Services.
13.12 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. EPay is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All Fees related to the EPay Services are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.
13.13 Complete Agreement and Survival. This Agreement, along with any applicable Policies on the Legal Agreements page on the EPay website, sets forth the entire understanding between you and EPay with respect to the EPay Services. Sections 6 (Closing Your Account), 11 (Your Liability – Actions We May Take), 12 (Disputes with EPay), 13 (General Terms), 14 (Definitions), and Exhibit A (Fees) as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.14 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without EPay's prior written consent. EPay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
13.15 Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
13.16 No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
13.17 Assumption of Rights. If EPay pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that EPay assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in EPay's discretion.
Exhibit A - Fees
1. Overview. EPay charges the following Fees:
a. Commercial Payments Fee
b. Additional Fees:
c. Fees for other pricing categories:
For additional information about the Fees applicable to you view your country’s Fees page.
2. Commercial Payments Fee.
A Commercial Payment includes the following:
* Northern Europe: Denmark, Faroe Islands, Finland (including Aland Islands), Greenland, Iceland, Norway, Sweden.
** Europe I: Austria, Belgium, Cyprus, Estonia, France (including French Guiana, Guadeloupe, Martinique, Reunion and Mayotte), Germany, Gibraltar, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Montenegro, Netherlands, Portugal, San Marino, Slovakia, Slovenia, Spain, United Kingdom (including Channel Islands and Isle of Man), Vatican City State.
*** Europe II: Albania, Andorra, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kosovo^^, Latvia, Liechtenstein, Lithuania, Macedonia, Moldova, Poland, Romania, Russia, Serbia, Switzerland, Ukraine.
^Merchant Rate: To qualify for our Merchant Rate you must submit a one-time application, have a qualifying monthly sales volume, and have an Account in good standing.
^^ Buyers in these countries cannot open a EPay Account but can make purchases using their credit cards on certain merchants’ websites.
Note: Cross Border Euro or Swedish Krona payments made between Accounts registered in the European Union or European Economic Area or in Monaco will be treated as Domestic Personal Payments for the purpose of applying Fees.
3. Hotel merchant rate.
The hotel merchant rate is only available to hotel merchants with EPay Accounts registered in UAE.
a. integrate their point of sale with a EPay approved internet booking engine partner at their own cost;
b. hold a valid Business Account in good standing; and
c. obtain approval from EPay.
EPay will determine in its sole discretion whether you are approved for the hotel merchant rate. The hotel merchant rate is limited to processing payments received for goods and services relating to your hotel business only. Notwithstanding any other rights we have under this Agreement, we may in our sole discretion, immediately revoke your approval for the hotel merchant rate.
EIf you are approved for the hotel merchant rate, you will pay:
Domestic payments (where applicable) and International payments
As a Payment Service Provider, EPay is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). EPay’s policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using EPay’s services. EPay has robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC (Office of Foreign Asset Control) requirements, and global sanctions, we screen our customer accounts against government watch lists. In addition, we may request that you provide us with documentation to help prove your identity or for business verification purposes. We report suspicious transactions to the financial intelligence unit in the respective country.
How does this impact me?
As part of our AML procedures, we collect information from you to satisfy our Know Your Customer requirements. This means that we may request information from you due to a specific identification requirement or as a result of our watch list screening process. We may ask you to provide documentation to help confirm your identity or provide additional information regarding your business. We may also request that you seek pre-approval for utilizing the EPay service if your account falls within a high risk compliance category, as listed in our Acceptable Use Policy (AUP).
The following items are required to perform a KYC check
Prohibited Countries ( WE DO NOT PROVIDE ANY SERVICES ON BELOW COUNTRIES )
IF YOUR TRANSACTION CONNECT TO ANY OF THE COUNTRIES BELOW DIRECTLY OR INDIRECTLY YOUR ACCOUNT WILL BE SUSPENDED