Epay Terms of Service

Introduction

Epay(“we”, “us” or “our”) is an online payment service that makes it easy for merchants to accept payments online. This Terms of Use is an agreement between you and Epay. It details Epay’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

This website is designed and intended for online payment activities. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Terms. PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE BEING AGREED TO BE BOUND BY ITS TERMS.

For legal reasons we do not accept customers under the age of 18 years, any persons under 18 who wish to use the Service must obtain and furnish us with a parent guarantee. We recommend that you store or print-off a copy of the Agreement (including all policies) for your records. We respect the privacy of our online visitors and registered users (“Users”) as such we will take reasonable steps to protect your information.

License to Use Our Website

We grant you a non-assignable, non-exclusive and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.

Nothing in this Term gives you a right to use the Epay name or any of Epay’s trademarks, logos, domain names, and other distinctive brand features. All rights, title and interest in and to the services are and will remain the exclusive property of Epay and its licensors.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Epay and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.

Warranty Disclaimer

EPAY WILL ALWAYS ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG-FREE. However, IT IS USED AT YOUR OWN RISK. WE PROVIDE ALL MATERIALS “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EPAY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERROR-FREE.

YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.

Limitation of Liability

YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EPAY WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER EPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF EPAY’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF EPAY’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Intellectual Property Rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and materials on the website. Subject to the license below, all our intellectual property rights are reserved. License to Use Website You may view, download for caching in a web browser only and print pages from the website, provided that:

  • You do not republish material from this website; which includes republication on another website, or reproducing or storing material from this website in any public or private electronic retrieval system. We, however, encourage fair use for academic or non-commercial purposes.
  • You do not reproduce duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.

Use of the Website

Personal Information refers to the personal information you submit, when you sign up or any information that can be used to identify or contact you, (e.g. email address, password, name, telephone no and business name). It may also include anonymous information that is linked you specifically, (e.g., IP Address). 

 You must not:

  • Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

  • Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

  • Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent; Access or otherwise interact with our website using any robot, spider or other automated means;

  • Use data collected from our website to contact individuals, companies or other persons or entities;

  • Use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under Ghanaian Law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing;

  • Use any personal data in a manner inconsistent with local or international data protection laws and furthermore to gain all necessary consents needed to display or use that data on your campaign;

  • Use our website for any purposes related to marketing without our express written consent.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and that you will keep us informed of any changes.

Service Fee

Setting up an account is free. By using the services users agree to our service fees.

Indemnification

We reserve the right to request that you indemnify, defend and hold us, and our affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees) resulting from:

  • your use, misuse or abuse of our site, services or any third party website;

  • your breach of any provision of these terms.

Breaches of these Terms

Without prejudice to EPAY’s other rights under these Terms, if you breach these Terms in any way, Epay may take such action as Epay deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms which will always be on www.epaygh.com will govern our relationship with you. We will also try to notify you of any material changes which could be done via the email associated with your account or service notification.

By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms. In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full effect. Epay’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.