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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.
You also understand and agree that at all material times We never process Your Electronic Instructions or administer or manage Your Ezyaccount Balance. 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
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:
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 at 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
To protect You against identification fraud, Your credit/debit cards and bank accounts must be validated by Our Ezyvalidation System. When using Your credit/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 indentifying the randomly generated amount, We will then immediately validate Your credit/debit card or bank account and forward to You by e-mail a unique PIN Code for future transactions. The Ezyvalidation System automatically terminates any Electronic Instruction in the event that Your credit/debit card or bank account is not validated within the time specified.
For each and every validated credit/debit card and bank account, We will issue You with Your own unique PIN Code. With Your PIN Code You may then instantly authorise any future Electronic Instructions when using Your validated credit/debit card or bank account. However, should You lose Your PIN Code then You must re-validate Your credit/debit card or bank account to receive a new PIN Code. Under no circumstances will We advise You of a lost PIN Code.
By validating Your credit/debit cards and bank accounts and subsequently authorising any Electronic Instructions using Your PIN Codes, 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 e-mail 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 e-mail 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/debit card, stored value card or bank account, You authorise Our Payment Processors to access Your credit/debit card, stored value card or bank account to act on Your Electronic Instructions, Your Ezyaccount Balance or any fees, charges, commissions or refunds incurred in dealing with Your credit/debit card provider, stored value card provider or bank 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 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
6. Fees, Charges, Commissions and Refunds
Your Ezyaccount will also be charged with any fees incurred in dealing with Your existing banks, credit/debit card providers or payment solution aggregators.
In the event that Your customer successfully requests a credit/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/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. De-activating Your Ezyaccount
Your Ezyaccount will be de-activated immediately if at any time we reasonably believe that You have:
Upon an Ezyaccount being de-activated, Your Ezyaccount Balance (if any) will be processed by Our Payment Processors according to Your Electronic Instructions and You agree that You will immediately forgo all Your right, title and interest to any unpaid commissions, Ezybond Dividend Rights or Membership entitlements.
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 and that You will not seek a refund from Us, Our Payment Processors, credit/debit card provider or bank at any time and that this Clause shall act as an estoppel against You or Your credit/debit card provider or bank seeking such a refund directly from Us, Our Payment Processors 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.
You understand and agree that:
9. Password and Security Issues
Electronic Instructions received from Your e-mail address or SMS texting using your Ezyaccount security credentials 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 password, or that the security of Your Ezyaccount has been prejudiced, or if You have forgotten Your password and still cannot remember it after receiving Your password hints. If this occurs, Your security details can be used to reset Your password but You will need to contact Us in order for Us to effect this.
10. Illegal and Wrongful Acts
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. Safety of Funds
12. Changes to the Contract
You agree to accept all emails from Us at any time.
14. Exclusive Free Operating Programs
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 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.
For technical reasons, access to Your Ezyaccount may be suspended for short periods and We may not be able to advise You beforehand although We will endeavour to do so. On restoration of the service Your Electronic Instructions will be promptly adhered to.
Neither Ezybonds nor Ezybond Dividend Rights are offered to You or the general public for sale or subscription.
16. Trademarks and Copyrights
17. Governing Law