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User Access Agreement

"Definitions" on the Ezybonds site apply to the words used in this agreement.

"External Documents" on the Ezybonds site apply to this agreement.

1. Agreement
By submitting Your Registration Details or accessing Your Ezyaccount or submitting Your Electronic Instructions to Us You signal that You understand and agree to the terms and conditions of this Agreement (and any amendments, variations or alterations thereafter) and that You have determined that accessing and maintaining your Ezyaccount violates no laws or regulations in Your country of residence.

You also understand and agree that at all material times Your Electronic Instructions are processed by Our Payment Processors and Your Ezyaccount Balance is administered and managed by Our Custodians.

2. Memberships and the Ezyaffiliate and Ezymerchant Operating Programs
By simply providing Your Registration Details or Electronic Instructions, any entity or individual over the age of 18 years of age will be issued with a free Ezyaccount Membership. Memberships may be upgraded at any time and are not refundable under any circumstances.

Upon expiry of Your Membership, You will automatically receive a free Ezyaccount Membership so that You may continue to access Your Ezyaccount, receive Ezyaffiliate commissions, participate in the Bonus Draws, process Ezymerchant on-line payments or upgrade Your Membership for additional free Ezybond Dividend Rights.

As and when requested by Us, You must provide accurate and true details of Your:

Name.
Email Address.
Postal Address
Credit Card, Debit Card or Bank Account.
Personal Identification as requested by Us in Our absolute discretion.

You are also entitled to access the free Ezymerchant Operating Program to facilitate and record the processing of Your customer's Electronic Instructions by inserting Our security coded HTML onto Your web site and creating Your own Ezyaccount payment button to automatically process such Electronic Instructions directly into Your Ezyaccount. Ezymerchant fees and charges are determined from time to time in Our sole discretion.

Whilst You are automatically entitled to access the free Ezyaffiliate and Ezymerchant Operating Programs You are under no obligation to partake in those programs unless You wish to do so.

3. Operating Your Ezyaccount
After providing Your Registration Details, You will instantly receive by email, a username, password and randomly generated security code. You may be requested to maintain a valid Credit Card, Debit Card or Bank Account and an email address linked to Your Ezyaccount.

To protect You against identification fraud, Your Credit Cards, Debit Cards and Bank Accounts must be validated by Our Ezyvalidation System. When using Your Credit Card, Debit Card or Bank Account for the first time, You will be requested to contact Your Bank and obtain the randomly generated amount that We have linked to Your Electronic Instruction. By correctly identifying the randomly generated amount, You will be required to insert the randomly generated amount into Your Ezyaccount. The Ezyvalidation System will automatically validate the Credit Card, Debit Card or Bank Account if the random amounts match. The Ezyvalidation System automatically blocks any Electronic Instructions in the event that Your Credit Card, Debit Card or Bank Account are not validated.

For each and every validated Credit Card, Debit Card and Bank Account You will be able to submit Your Electronic Instructions.

Subject to and conditional upon other Provisions in this Agreement, You acknowledge and agree that Your Electronic Instructions are irreversible and constitute authorisation of Your electronic signature. Denial by You of Your Electronic Instructions constitutes a fraud and will be reported to the relevant authorities.

Once you have taken the above steps You may then undertake any Electronic Instructions when using Your Ezyaccount.

Providing You have sufficient cleared funds in Your Ezyaccount Our Payment Processors will immediately act on Your Electronic Instructions and notify You and Your Recipients accordingly.

If a Recipient does not have an Ezyaccount, an email will be forwarded to the Recipient advising them to open a fee Ezyaccount using the security coded link and instantly receive a Transfer.

You are responsible for ensuring the correct identity and email address of a Recipient and neither We nor Our Payment Processors will enter into any dispute other than to confirm that Your Electronic Instruction was made.

By providing Us with details of Your Credit Card, Debit Card or Bank Account, You authorise Our Payment Processors to access Your Credit Card, Debit Card or Bank Account to act on Your Electronic Instructions, Your Ezyaccount Balance or any fees, charges, commissions or refunds incurred in dealing with Card Providers or Banks and to complete any documentation deemed necessary to complete Your Electronic Instructions. Our Payment Processors will use their best endeavours to ensure that Your Electronic Instructions are promptly processed but give no guarantee or warranty where delays in processing are due to matters outside of their care and control.

4. Transaction Limits and Currency
The maximum Deposit that can be transferred to Your Ezyaccount is subject to regulatory limits (if any) in Your place of residence and all Electronic Instructions are subject to regulatory record keeping and reporting requirements in Your place of residence.

The amount that can be transferred from Your Ezyaccount cannot exceed the cleared funds in Your Ezyaccount.

Ezyaccounts and all Electronic Instructions are presently denominated in US Dollars.

5. Ezybond Operating Program
The Articles of Association of Ezybonds includes Regulation 2A which is available upon request.

6. Fees, Charges, Commissions and Refunds
Membership fees, Credit Card charges, Debit Card charges, Bank charges, Transaction processing fees, Transfer fees and Ezyaffiliate commissions are determined from time to time in Our sole discretion and any determination made by Us is final and binding.

Your Ezyaccount will also be charged with any fees incurred in dealing with Card Providers, Banks, Custodians or Payment Processors.

In the event that Your customer successfully requests a Credit Card, Debit Card or Bank Account reversal for any reason whatsoever, Your Ezyaccount will be immediately debited for the amount to be refunded. Should there be insufficient cleared funds available in Your Ezyaccount, then Our Payment Processors will immediately access Your Credit Card, Debit Card or Bank Account to refund the amount as requested by Your customer's issuing Bank.

Members can accept customer payments by becoming a Certified Member by applying on-line and accepting the terms and conditions under Certified Membership. Ezybonds rebates to a Certified Member in respect of Tagged Members linked to the Certified Member pursuant to an agreement with the Accredited Corporate Member and Ezyaffiliate in accordance with and as recorded in the Splits Schedule.

7. Closing Your Ezyaccount
Your Ezyaccount will be instantly closed when You click the "Close Account" link in Your Ezyaccount or after We give You notice of Our intention to Terminate this Agreement.

Your Ezyaccount will be closed immediately if at any time we reasonably believe that You have:

  • An Adverse Event.
  • Provided false information.
  • Illegally used Your Ezyaccount.
  • Breached this Agreement.
  • Failed to provide any information.

Subject to and conditional upon other Provisions in this agreement, Your Ezyaccount Balance (if any) will be processed by Our Payment Processors to Your nominated Bank Account in accordance with Your Electronic Instructions and You agree that You will immediately forgo all Your right, title and interest to any unpaid commissions, Ezybond Dividend Rights, Membership entitlements or Interest on Your Ezyaccount Balances.

8. Liability
Neither We nor Our Payment Processors will be liable for any loss or damage caused by:

  • The inability to reverse any Electronic Instructions. Your Electronic Instructions are processed immediately upon receipt and for this reason cannot be reversed.
  • The inability to carry out Your Electronic Instructions [as well as any goods, services, charges, taxes or duties paid by You] due to circumstances beyond Our Payment Processors control however arising. Your Electronic instructions will be observed as soon as possible thereafter.
  • The inability to process any Electronic Instructions where You do not have sufficient cleared funds in Your Ezyaccount, Your Credit Card, Debit Card or Bank Account is refused or You have provided Our Payment Processors with incorrect or out of date information.
  • Any sums deducted fraudulently from your Credit Card, Debit Card or Bank Account.

Violation of any laws or regulations arising from the use of Your Ezyaccount and You indemnify Us against any liability so arising.

You agree that Your Electronic Instructions are irreversible (unless Reversed in accordance with this agreement) and that You will not seek a refund from Us, Our Payment Processors, Card Providers or Bank at any time and that this Clause shall act as an estoppel against You or Your Card Provider or Bank seeking such a refund directly from Us or any other facilities used by You or Us and You agree that any claim for a refund may result in a claim for damages calculated in terms of loss of revenue, costs and commissions paid AND You also agree that We shall be at liberty to apply for an uncontested injunction to stop any such claim.

9. Security Details
We will use reasonable measures and care to keep secure and to prevent unauthorised access to your Ezyaccount. However, it is Your responsibility to keep Your Security Details safe and secure. You should never record Your Security Details unless such records are totally secured. You should never allow anyone else to use Your Security Details to access your Ezyaccount. Where You have not kept Your Security Details secure We will not be responsible for any resulting loss.

Electronic Instructions received from Your email address or SMS texting using your Ezyaccount Security Details will be deemed to have been made by You unless You advise Us to the contrary. You must contact Us immediately if You believe that someone else knows Your Security Details or that the security of Your Ezyaccount has been prejudiced, or if You have forgotten Your Security Details and still cannot remember it after receiving Your Password hints. If this occurs you can reset Your Security Details.

10. Illegal and Wrongful Acts
Your Electronic Instructions will be monitored such that We or Our Payment Processors (in their absolute discretion) may refuse to act on Your Electronic Instructions, terminate this Agreement and close Your Ezyaccount or process Withdrawals to the rightful owner forthwith if for any reason Your Electronic Instructions were not given by You, the Electronic Instructions are not clear, might cause Us or Our Payment Processors to breach any law or any other contracts, Your Ezyaccount is being or may be used for criminal, illegal or improper purposes, or You have or attempted to hack, modify, tamper or corrupt any Ezyaccount or the web site.

Access to the website may not be legal for some or all residents in certain countries. We do not intend that the website should be used for any other purposes by You in countries in which such activities are illegal. The website does not constitute an offer, solicitation or invitation by Us for the use of Our services in any jurisdiction in which such activities are prohibited by law.

It is Your responsibility to determine the law that applies to You in the location in which You are present. You should ensure that You would be acting legally in that jurisdiction in subscribing as a Member or utilizing the web site.

We can accept no responsibility under the law in any jurisdiction other than the Cook Islands.

11. Ezyaccount Balances
You understand and agree that at all material times Your Ezyaccount Balance is administered and managed by Our Custodians pending Your Electronic Instructions to Our Payment Processors.

  • Safety: We provide no guarantee as to the safety of Your Ezyaccount Balances.
  • Interest: No Interest is payable on your Ezyaccount Balances.

12. Changes to the Contract
We may amend, vary or alter this Agreement at any time on Our website. If You do not agree with any proposed changes, either party has the right to terminate this Agreement immediately.

13. Privacy
We will take all reasonable steps to keep all Your information secure and will not provide any such information to any other person, company or entity without Your consent, other than employees for the purpose of processing, to enforce this Agreement, to protect Our rights, to implement this Agreement or as required by law. We accept no responsibility for intercepted electronic data where such interception is not due to any negligence on Our part.

You agree to accept all emails from Us at any time.

14. Exclusive Free Operating Programs
The exclusive free Operating Programs and loyalty reward programs therein (if any) are offered to Members from time to time at Our sole discretion and may be varied, amended, or withdrawn by Us at any time without any prior notice.

15. Disclaimer and No Warranties
We shall not be liable for any claim or loss arising as a result of any force majeure, delays, losses, errors or omissions resulting from failure of any telecommunications or other data transmission system, act of God, out break of hostilities, riot, civil disturbance, terrorism, an act of any government or authority, fire, flood, theft, malicious damage, strike, lock out, or industrial action.

We are not providing a banking business and are not subject to global banking legislation or regulations. Under no circumstances do We receive Your Deposits, process Your Electronic Instructions, forward Your Withdrawals, or retain Your Ezyaccount Balance. We provide no guarantee as to the safety of Your funds.

We will use Our best endeavours in providing You access to Your Ezyaccount, Our Payment Processors and Custodians to act on Your Electronic Instructions and to administer and manage Your Ezyaccount Balance respectively.

We do not guarantee continuous, uninterrupted or secure access or processing for Our Ezybonds Services, Your Ezyaccount, Your Electronic Instructions or Your Transactions.

Neither Ezybonds nor Ezybond Dividend Rights are offered to You or the general public for sale or subscription.

16. Suspending Ezyaccount Balances, Electronic Instructions and/or Transactions
We may Suspend Your Ezyaccount Balance, Electronic Instructions and or Transactions for a variety of reasons as set out below. We will endeavour to issue a Suspension Notice at the earliest possible time.

Why do We Suspend Ezyaccount Balances, Electronic Instructions and/or Transactions? To review and mitigate any actual or reasonably anticipated risk of Us or Stakeholders being adversely affected.
When do We Suspend Ezyaccount Balances, Electronic Instructions and/or Transactions?
  • The integrity of Your Ezyaccount, Electronic Instruction and/or Transaction is at risk;
  • There‚Äôs a risk associated with You;
  • A dispute, claim or Reversal in relation to any Ezyaccount Balance, Electronic Instruction or Transaction is received;
  • Certain risk standards when becoming a Member are not met;
  • Technical issues arise;
  • Security risks are exposed;
  • Software developments, enhancements, upgrades, integration and testing are necessary.
What do We consider before We Suspend Ezyaccount Balances, Electronic Instructions and/or Transactions?
  • Information received from Stakeholders, regulators, legal advisors, technical experts and financial advisors;
  • Relationship to irregular or unusual Transactions; and
  • Other related information.
How long do We Suspend Ezyaccount Balances, Electronic Instructions and/or Transactions? Suspensions may be maintained for a minimum of 21 days but may last longer for such periods in Our absolute discretion if:
  • You receive a dispute, claim or Reversal relating to Your Ezyaccount Balance, Electronic Instructions or Transactions; and/or
  • We have taken another action permitted under this Agreement.
We may remove a Suspension earlier in Our absolute discretion where We reasonably believe that the relevant matter has been resolved.

You will not have access to Your Ezyaccount, Electronic Instructions and/or Transactions until the suspension is removed.

Ezyaccount Balances, Electronic Instructions and/or Transactions subject to a suspension may be subject to a subsequent Reversal or claim, even after the suspension has been removed.

17. Payment Review
If an Ezyaccount Balance, Electronic Instruction and/or Transaction is subject to a Payment Review, We may Suspend Your Ezyaccount Balance, Your Electronic Instructions and/or Your Transactions and provide You with a Suspension Notice. A Payment Review may occur because:

  • We have reasonable suspicion that Our Ezybonds Services are being used by You in breach of this Agreement; or
  • For other reasons as determined by Us in Our absolute discretion.

We will conduct a review, including but not limited to, requesting and investigating additional information. We will use Our best endeavours to finalize Our Payment Review.

A Transaction subject to Payment Review is not a representation by Us as to the commercial dealings, character or reputation of a Member to the Transaction.

18. Suspending/Closing Access to Your Ezyaccounts and/or Electronic Instructions
If We consider that there is an Adverse Event, We may, in Our absolute discretion, immediately close access to Your Ezyaccount and/or Suspend Your Ezyaccount or Your Electronic Instructions for up to 180 days. We may extend the suspension period beyond 180 days if We reasonably believe that the Adverse Event still exists or is prohibited by law or is linked or associated with another Suspended/Closed Ezyaccount and/or Electronic Instruction.

The following is a non-exhaustive list of Adverse Events which may lead to Your Ezyaccount or Your Electronic Instructions being Suspended or Closed:

  • Reports of unauthorised or unusual Credit Card or Debit Card or Bank Account use associated with the Your Ezyaccount;
  • Multiple disputes between Members;
  • Receipt of potentially fraudulent funds;
  • Facilitation of fraudulent activity;
  • Software, data, network and/or other technical issues;
  • Cyber intrusions or data theft;
  • Excessive disputes or Reversals;
  • Refusal to cooperate in a Payment Review;
  • Unusual or suspicious Electronic Instructions;
  • Sending unsolicited emails or posting referral links on websites where they are not permitted;
  • Material breaches of this Agreement or its incorporated policies;
  • A risk assessment of Your Ezyaccount conducted by Us;
  • Transaction Returns;
  • Use of an anonymizing proxy;
  • Reports from credit agencies of a high level of risk;
  • Use of Your Ezyaccount is deemed by Our Stakeholders to constitute an abuse of Our Ezybonds Services;
  • Logging in from a restricted country;
  • Operating an illegal business or business activity;
  • The occurrence of an Insolvency Event;
  • Failure to provide Us with information about You or Your business activities;
  • A dispute, claim, action or Reversal arising between Stakeholders;
  • Being linked to, or associated with, another Suspended Ezyaccount, Electronic Instruction and/or Transaction;
  • Bringing Our Stakeholders and/or Ezybonds Services into disrepute;
  • Damaging the reputation of Our Stakeholders;
  • Any other activities which We may, in Our absolute discretion, deem to be an Adverse Event.

If access to Your Ezyaccount and/or Electronic Instructions is Suspended, a Suspension Notice will be issued and You may be requested to provide information relevant to Your Ezyaccount, Electronic Instructions, Transactions or Your identity.

Following our investigation, if We reasonably believe there is no longer an Adverse Event, We will restore access to Your Ezyaccount and/or Electronic Instructions subject to any other actions We may take in accordance with this Agreement.

In the event of an Adverse Event, We may take various actions, in Our absolute discretion, to protect Stakeholders from Reversals, fees, fines, penalties, legal, technical, regulatory risks, security or other liabilities. The actions We may take include, but are not limited to the following:

  • Reverse any Transactions and restore access to Your Ezyaccount and/or Electronic Instructions;
  • Continue to Suspend Your Ezyaccount and/or Electronic Instruction access;
  • We may be prohibited by law from releasing funds or restoring access Your Ezyaccount and/or Electronic Instructions;
  • Close your Ezyaccount by giving You notice and returning any Ezyaccount Balances to You minus the Transactions in dispute. If You are later determined to be entitled to the Transactions in dispute We will use Our best endeavours to restore those Transactions to Your Ezyaccount; or
  • Refuse to provide Ezybonds Services to You in the future.

Your ongoing failure to comply with this Provision may mean We are prohibited by law from releasing Ezyaccount Balances or Transactions, accepting Electronic Instructions or removing the Suspension Notice. Any Ezyaccount Balances will be subject to applicable laws regarding unclaimed monies.

19. Complaints and Disputes
We are committed to dealing with Member complaints fairly and resolving issues in accordance with our complaints handling processes and policies and relevant regulatory compliance standards.

If You have a dispute or wish to file a compliant about Our Ezybonds Services, You should email the Ezybonds Support Desk at support@ezybonds.com.

If you believe that Your Ezyaccount may be subject to an unauthorised Transaction, Ezyaccount takeover or other type of fraudulent activity, You should contact us immediately.

20. Trademarks and Copyrights
Ezyaccount, Ezybonds, Ezyaffiliates, Ezymerchants, and all related logos, products, services, graphics, trade dress, page headers, button icons, texts and scripts are Our registered trademarks, Copyrights and trade property and none of them may be copied, reproduced, imitated or used in whole or in part without Our prior written permission.

21. Governing Law
This Agreement is governed by the laws of the Jurisdiction and any disputes shall be resolved by the courts of the Jurisdiction.

Agreement dated 26 May 2014. © 2014.

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