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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 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 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
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 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 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 closed immediately if at any time we reasonably believe that You have:
Subject to and conditional upon other Provisions in this agreement, Your Ezyaccount Balance (if any) will be processed back to the original bank account you first used to transfer funds to your Ezyaccount 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, Membership entitlements or Interest on Your Ezyaccount Balances.
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
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
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
12. Changes to the Contract
You agree to accept all emails from Us at any time.
14. Exclusive Free Operating Programs
15. Disclaimer and No Warranties
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
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
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
The following is a non-exhaustive list of Adverse Events which may lead to Your Ezyaccount or Your Electronic Instructions being Suspended or Closed:
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:
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
If You have a dispute or wish to file a compliant about Our Ezybonds Services, You should email the Ezybonds Support Desk at firstname.lastname@example.org.
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
21. Governing Law
Agreement dated 26 May 2014. © 2014.