1. Signup, account usage and closure - Upon a successful signup, ePay Swift agrees to provide you (the End User) a service that enables the End User the right to use our service to send and receive money. Your account is for your personal use only and that you are forbidden from carrying out any transaction on behalf of a third party. Funding and withdrawal of money to and from your account must be from or to a source owned and operated by you. Contravention of this clause will lead to your account suspension or closure. If your account is closed, you can have access to funds therein within a period of 90 days. Furthermore, extreme violation of our terms could lead to a total forfeiture of the funds.
1.1 You must be an adult (above 18 years old) or a duly registered company within your legal jurisdiction.
1.2 You must be the actual beneficiary of the account, having the rights, taking the responsibilities, and you should act on behalf of yourself only.
1.3 You must give accurate information upon signup. You authorise ePay Swift to conduct relevant due diligence (directly or through third parties) to verify your identity. This could include (but not limited to) requiring more your information or documents, your ID number, further e-mail address verification or ownership of financial instruments. We may also require to validate information supplied using database(s) supplied by third parties. You also consent to ePay Swift obtaining your personal and/or business credit report from a credit reporting agency during account opening or whenever we reasonably believe there maybe an increased level of risk associated with your account.
1.4 We could require you to renew your ID information or documents when they expire.
1.5 You could apply to be our merchant after your account has been upgraded to standard account. You can do this by filling the merchant application form once logged into your account.
1.6 You may request to have your account closed at any time. You however need to withdraw any pending balance. Once the account is closed, you will no longer be able to access it. We will however retain your data for any future reference and in accordance to statutory requirements.2. Buyer beware - ePay Swift assumes absolutely no responsibility for any purchases made through the ePay Swift system. At any time you join an Income Opportunity or MLM program, or matrix site you are doing so at your own risk and that by signing up and joining ePay Swift you do hereby agree in FULL that you release ePay Swift and all its affiliates and officers, employees and owners from ANY loss you may incur by signing up on one of the aforementioned type websites and or businesses, you completely indemnify us and agree that ePay Swift will not be named by you or anyone that represents you in any actions, in ANY capacity against any of the aforementioned types of websites or businesses, if you have a disagreement with one of the aforementioned type businesses then you agree that it is STRICTLY between YOU and THAT BUSINESS, and ePay Swift has no part of the dispute. And that by signing up for your account you agree that this is a contract, and that you FULLY and WILLINGLY AGREE to ALL CONDITIONS mentioned EVERYWHERE in this user agreement. We are a payment processor only and have no control of what these sites do and do not to ePay Swift. We do not issue refunds if the product, service or program turns out to not be what you thought it was, or if they do not hold up to their promises. You should thoroughly investigate any opportunity before making the decision to join. If it sounds too good to be true, it usually is. It should also be noted that voiding your credit card transaction you used to fund your ePay Swift account for any reason constitutes credit card fraud as well as violates many other laws, and will be prosecuted to the maximum extent allowable. More specifically specifically be guided as follows:
2.1 You could use ePay Swift services to purchase goods and services, or to send money to your family members or friends. The transaction will be completed when the money is received by the payee. A completed transaction can not be reversed. You must therefore ensure accuracy while sending the money. You must also make reasonable due diligence on the merchant from who you wish to purchase from. Ensure your account credentials are secure and not shared. We recommend changing of your passwords as often as possible to avoid unauthorised access to your account.
2.2 By selecting ePay Swift as the payment method on the merchants website, it means that payment to the merchant will be deducted from your ePay Swift account. You will be directed to your ePay Swift account and upon providing your login credentials, the funds will be transferred automatically to the Merchant account and your ePay Swift account debited accordingly. You can also send money to a third party by logging into your ePay Swift account.
2.3 You can use ePay Swift services to receive funds for goods and services (as a Merchant) or to accept money from your family members or friends.
2.4 You can request to be paid through your ePay Swift account from other ePay Swift members. The requested member can choose to accept or reject your request. Once the requested member accepts the request, funds will be automatically credited to your account as the requester of the funds and the sender account debited accordingly.3. Disclaimer of Warranties and Limitation of Liability - ePay Swift MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE SERVICE; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ePay Swift DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. ePay Swift SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY PAYMENTS OR CONTRACTS, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN ePay Swift AND THE END USER. ePay Swift SHALL HAVE NO OBLIGATION TO PROVIDE THE SERVICE, AND SHALL HAVE NO LIABILITY TO THE END USER IN THE EVENT ePay Swift IS UNABLE, AS MAY BE DETERMINED IN THE SOLE DISCRETION OF ePay Swift: TO MAKE PAYMENT AND OR CHANGES IN METHODS OF PAYMENT OR OPERATION THAT CAN MAKE OUR SERVICE UNSUITABLE FOR THE END USER.
4. KYC (Know Your Customer) - End users are required to abide by our KYC policy by uploading the appropriate identification documents depending on the desired account type. Different account types will entitle users to respective account limits.
5. Effectiveness of Agreement - The End User use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product or service (the End User Agreement), and the use of our service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.
6. General - Any and all claims or disputes relating to the service shall be governed by the laws of the Republic of Kenya. For the purpose of resolving conflicts relating to the Service, and, in addition, the End User hereby consents to the jurisdiction of the courts in the Kenya.
7. Gambling and Pornography - ePay Swift has a zero-tolerance policy against the use of its services for any purposes related to Gambling, Pornography or any unlawful activity. There are no exceptions to this policy. Accounts in violation to this policy will be closed permanently.
8. Other restricted Activities - Your Information and your activities (including your payments and receipt of payments) through our Service shall not: be false, inaccurate or misleading, be fraudulent or involve the sale of counterfeit or stolen items; consist of providing yourself a cash advance from your credit card (or helping others to do so), violate ePay Swift Acceptable Use Policy, infringe on any third party copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy, violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography; contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information, or create liability for us or cause us to lose (in whole or in part) the services of our ISP or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
9. Scope of ePay Swift mandate - We provide payment services, and secondary functions such as deposit, withdrawal, send money or request money to and
from other ePay Swift users and a platform for merchants to get paid for their goods or services. As a user or merchant, you need to acknowledge that:
9.1 ePay Swift is not a bank
9.2 ePay Swift accounts are not insured by any government agency
9.3 ePay Swift is not subject to banking regulation
9.4 Your account at ePay Swift is not an investment and therefore does not generate any interest or profits