END USER LICENSE AGREEMENT
Electronic Solutions (Barbados) Limited — Mobile Application End User License Agreement
PLEASE READ THIS END USER LICENCE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THE E-PAY MOBILE MONEY APPLICATION (THE “APPLICATION”).
This Agreement is between you and Electronic Solutions (Barbados) Limited the applicable entity (“E-Solutions”, “we”, “our” and “us”)
YOUR MOBILE DEVICE
The Application is made available to you by a free downloadable application to your mobile device (“Your Mobile Device”). However, your telecommunication provider for Your Mobile Device may impose charges in order for you to access the Application and all such charges will be your responsibility. We do not endorse Your Mobile Device and provide no representations, warranties and conditions regarding Your Mobile Device.
Your Mobile Device is defined as a supportable mobile device including a cellular smartphone or other mobile device that is web enabled and allows secure SSL traffic and which is also capable of receiving text messages.
On non- smartphones, this Application may use your device’s SMS feature to check balances and operate your mobile money wallet. We do not endorse Your Mobile Device and provide no representations, warranties and conditions regarding Your Mobile Device and its ability to function in this capacity.
You must comply with all third-party agreements that apply to you when using the Application (for example, you must comply with your wireless data service agreement).
USE OF THE APPLICATION
We hereby grant you a non-exclusive, terminable, revocable, non-transferable, non-licensable, personal and limited license to install, access and use the Application in Your Selected Country. You agree to abide by this license and understand and agree that all rights not expressly granted to you in this Agreement are hereby reserved by us. You also agree not to reverse engineer or decompile, or attempt to gain access to the source code of the Application or any of the services accessed through the Application.
You agree that the Application, including all intellectual property rights therein, is owned by Electronic Solutions (Barbados) Limited and other than the limited license provided to you in the Agreement, you have no other right to the Application.
You represent and agree to the following by enrolling in or using the application:-
You represent that you are a member of any financial institution this application links to and the legal owner of the accounts and other financial information which may be accessed via the application. You represent and agree that all information you provide to us in connection with this service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the application. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date, accurate and confidential. You represent that you are an authorized user of the Mobile Device you will use to access the application.
You agree to take every precaution to ensure the safety, security, confidentiality and integrity of your account and transactions when using the application. You agree to take every precaution to safeguard your password and answers to security questions. You agree not to leave your Mobile Device unattended while logged into the application and to log off immediately after the completion of each session. You agree to inform your financial institution of any change in phone number, loss of phone or Mobile Device (for example, the phone or Mobile Device being outside of your control) or any other change that might affect provision of the services herein to you, the User, or any circumstance which may threaten the security of your account information.
You may use the application to transfer funds between your eligible bank or credit union accounts (Internal Transfer). You may also transfer to or from an account at another financial institution using the application. If you submit your transfer request prior to the 4:00 p.m. deadline on regular business days, your Internal Transfer will take place on the same business day. Transfer requests received after 4:00 p.m. local time on business days and all transactions which are requested on Saturdays, Sundays, or Bank holidays may be processed on the bank or credit union’s next business day.
You must have sufficient funds available in the selected account at the time the transfer request is received. Local regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
All trade-marks appearing on this Application are the property of Electronic Solutions (Barbados) Limited (used under license where applicable).
OTHER TERMS AND CONDITIONS
The services accessed through the Application may be subject to other terms and conditions. For example, the use of the application may be subject to the terms and conditions of your financial institution’s mobile banking service. In addition to the Agreement that will apply to your use of the Application, all such terms and conditions will apply to your use of such services accessed through the Application.
THIRD PARTY SITES
The Application may provide you access to third party sites which are provided to you for your convenience. The use of these third party sites will be subject to the terms and conditions and privacy policies of such third party sites. Electronic Solutions (Barbados) Limited does not endorse or recommend any of these third party sites and is not responsible for any information or content appearing on these third party sites, or products and services made available through these third party sites or your use of such third party sites.
E-Solutions (Barbados) Limited will have no obligation to provide you with any updates or upgrades to the Application. In the event that we make available to you any updates or upgrades to the Application, it is your responsibility to download them. You understand and agree that the updates or upgrades may be subject to separate terms and conditions which you will have to accept prior to downloading and accessing them.
SERVICES ACCESSED THROUGH THE APPLICATION
Access to your financial institution’s mobile banking service is provided to you through the Application for your convenience. Your access and use of this service is subject to your financial institution’s mobile banking terms and conditions. You will only be able to access your accounts and the mobile banking services as provided by your financial institution and as dictated by our policies currently in force or as may be implemented from time to time.
The “About Us” feature provides you general information about the functionality of the Application. The information is subject to change at any time without notice.
The “Help” feature list methods of contacting us. Please do not share any personal or financial information via email with us as email communication over the Internet is not secure.
Despite any other provision in this Agreement, the Application is provided to you “as is” without any representations, warranties or conditions of any kind, express or implied, arising from statute, course of dealing, usage of trade or otherwise, including representations, warranties or conditions of merchantability, quality or fitness for a particular purpose, non-infringement of third party rights with respect to the Application or any service, feature or third party sites accessible through it or that the Application and such services and features will be current, accessible, reliable, uninterrupted or virus-free.
LIMITATION OF LIABILITY
This Application is provided to you for free and for your convenience. Despite any other provision in this Agreement, E-Solutions and its affiliates and their respective officers, directors, employees and agents will not be liable to you or to any third party for any direct, indirect, consequential, special and punitive damages and any other damages or losses whatsoever including, fines, penalties, costs, expenses, loss of savings or loss of profits arising from your downloading, use or access or inability to use or access the Application, or any service, feature or third party sites accessible through it, or otherwise under the Agreement even if E-Solutions or its affiliates were informed of the possibility of such damages. This exclusion of liability will apply to all causes of action whether in contract, tort (including negligence), strict liability or any other legal theory.
Where applicable—You acknowledge and agree that you are responsible for paying any stamp duty, use-taxes, value-added taxes, goods and services taxes, levies, assessments or similar taxes (“Taxes”) in connection with this Agreement or any of the services that are provided through the use of the Application as are already in force or may be imposed by the Government of Barbados from time to time. You agree to provide us with a copy of the receipt or other proof of payment evidencing the amount of Taxes paid upon our request.
You also agree to indemnify us and our affiliates and their respective officers, directors, employees and agents against any and all losses, costs, interest payable and penalties as a result of any failure by you to pay such Taxes in a timely manner to the appropriate authorities.
Some jurisdictions may not permit the indemnification as set out above. In such jurisdictions, this provision will apply to the maximum extent permitted by applicable laws.
You represent and warrant to us that:-
- You are not located in a country that is subject to a United States of America Government embargo; ii. a country that has been designated by the United States’ Government as a “terrorist supporting” country; iii. you are not listed on any United States Government list of prohibited or restricted parties or any list of restricted parties of the Government of Barbados. iv. you are not involved in any transactions which can be deemed as Money Laundering in the meaning of the Money Laundering and Finance of Terrorism (Prevention and Control) Act, 2011-23 of the Laws of Barbados as amended.
SUSPENSION OR TERMINATION
E-Solutions may suspend or terminate your right to use the Application at any time and in its sole discretion.
If there is a conflict between any term or condition of the Agreement and that of any other agreement between you and us, then the wording of this Agreement will prevail in connection with the Application to the extent necessary to resolve the conflict.
These terms and conditions will be governed, construed and interpreted exclusively by the laws of the jurisdiction of Barbados.
You agree that if we do not exercise or enforce any legal right or remedy contained in this Agreement (or that E-Solutions has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights or remedies. Any waiver will only be valid if it is in writing and has been signed by us.
If any provision of the Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.
This Agreement constitutes the entire agreement between you and E-Solutions with respect to the Application and supersedes all previous agreements, understandings and representations relating thereto.
If you require any support with respect to the Application, you can contact us at: firstname.lastname@example.org.
QUESTIONS, COMPLAINTS AND CLAIMS
If you have any questions, complaints or claims regarding the Application please contact us via email at email@example.com
If you are dissatisfied with the Application or any of the services the Application provides, you can disable or remove the Application from Your Mobile Device. This is the sole and exclusive remedy available to you regarding your use of the Application.