1. Signup, account usage and closure - Upon 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 violations of our terms could lead to 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 authorize 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 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 may be 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 a 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. 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.
3. 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.
4. 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 Kenya.
5. 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.
6. 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.
7. 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. As a user or merchant, you need to acknowledge that:
7.1 ePay Swift is not a bank
7.2 ePay Swift accounts are not insured by any government agency
7.3 ePay Swift is not subject to banking regulation
7.4 Your account at ePay Swift is not an investment and therefore does not generate any interest or profits