General Terms of Use

This Terms of Use (together with our Privacy Policy, incorporated herein by reference, the "Agreement") is a legal agreement between you and EverusPay ("EverusPay" or "we"). By accessing our website www.everuspay.com (the "Site"), you agree to comply with and be legally bound by the Agreement. If you do not agree, please do not access our Site. Our Site is not for minors (persons under 18 or under the legal age in your jurisdiction). If you are minor, then please do not use the Site.

By "Agreeing" to the terms herein, you AGREE AND CONFIRM that: -

  • You have read, understood, and agreed to be bound by the General Terms of Use and the terms herein;
  • You assume all the obligations set forth herein;
  • You are of sufficient legal age and capacity to use our services and if you are a / representing a corporation, governmental organization or any other legal entity, you have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.;
  • You are not under the control of jurisdiction that explicitly prohibits the use of similar services;
  • You use the Services at your own discretion and under your own responsibility and/or risks.
  • Standard blockchain transaction cost shall be applicable for all the transactions.
  • The use of the Site and any Services is void where such use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege under this Agreement.

What We Do

EverusPay is a digital currency payment platform (the "Platform"). Utilising blockchain technology, digital currency wallet serviced by a trusted e-wallet service provider and smart contracts, EverusPay facilitates users' (consumers) to transact and/or execute payment to merchant effectively, effortlessly and securely. EverusPay only provides a technology platform that allows users to use online blockchain technology and smart contracts. We make no representations about the quality, safety, morality or legality or the truth or accuracy of any User Content that appears on a third party site. Those who access or use the Service shall do so at their own risk and volition and are solely responsible for compliance with applicable law. The Platform does not constitute an account where we and/or other third parties and/or merchant serve as financial intermediaries or custodians of your digital currency.

  • EverusPay is a digital currency payment processor. It enables merchant (offline / online) to accept digital currency as a mode of payment for goods or services offered by merchants, including recurring billing and payment functionality (additional terms and conditions applied).
  • EverusPay processes digital currency payment that Merchants received from Consumers/Purchasers.
  • This particular service is not a crypto exchange, wallet, or a place to purchase or sell cryptocurrencies.
  • This Service is specifically catered to all sizes of businesses and/or e-commerce merchants that sell products and/or services online/offline. It also enables charity organizations to register for this service as another form to accept donations.
  • By using the Services, you authorized us to act as your agent so we may receive, hold and disburse funds on your behalf and upon your instructions; and to take any and all actions that we think are necessary to provide the Services and to comply with applicable law.
  • Payment by Purchasers / Donors via EverusPay will be considered the same as payment made directly to Merchant and will extinguish the Purchaser's outstanding obligation, to the extent of the payment.

Eligibility to Use the Site

You may view Content on the Site without registering, but as a condition for certain aspects of the Service, you may be required to register on the Site and create an account. This process includes filing an application form and submit the application together with required documents. When creating an account, you represent and warrant that:

  • all information you submit is truthful, current, complete and accurate;
  • your use of the Service does not violate any applicable law or regulation; and
  • you are at least 18 years of age (or a legal age in your jurisdiction) or have received parental consent and supervision when using the Service and your parent or legal guardian also agrees to be bound by this Agreement and agrees to be responsible for your use of the Service; and

We reserve the right to terminate your account, and your use of the Site at any time, for any reason at our sole and absolute discretion.

Platform Users (Merchant and/or Consumer)

You additionally represent and warrant that:

  • You will comply with any or all applicable obligation of registration or licensing requirements and applicable laws and regulations in your jurisdiction when you utilize the services provided by EverusPay; and
  • You will comply with any applicable tax obligations in your jurisdiction arising from send and/or receiving of digital currency for legally and morally accepted reason(s).

You understand and agree that, if asked by EverusPay, you will be required to provide supplementary information about yourself or your organization. You authorize EverusPay to conduct background inquiries either directly with you or through a third party service provider.

Customer Verification (Know-Your-Customer/Customer Due Diligence) Processes

At the point of opening an account with us, you must provide us with all the requisite information for the purposes of identity verification and permit us to keep a record of such information. You will need to complete all the verification procedures to gain access or use EverusPay's Services. The information we request include certain personal information, such as your name, address, telephone number, e-mail address, date of birth, government identification number, passport number (if applicable). By furnishing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provided changes in due course.

There also will be a customer identity verification process. This is an initiative adopted by us in order to curb and prevent money laundering, terrorist financing, fraud, or any other illegal financial activities. In such circumstance, you authorise us to make further inquiries, whether directly or through third parties, of which we consider necessary to verify your identity to protect you and/or us against fraud or other financial crime.

During the verification process, you are required to: -

  1. Fill up all the required details;
  2. Take photos of a valid government Identification Card or driving license (both front and back), or passport (if applicable); and
  3. To take a clear selfie of your face holding the Identification Card / Passport in your hand.

You acknowledge and agree that your personal information above will be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full as highlighted in our Privacy Policy. During the process of such verification, your account may be frozen for a short period until the completion of this verification process.

In the circumstance that the verification process failed/cannot be completed because of:

  • Technical reason, ie picture of government ID/selfie is not clear or do not match:- you may be requested to restart the whole verification process.
  • Negative feedback from reporting agencies on past records affiliated to money laundering/financing of terrorism:- we are authorize to take reasonably and/or necessary steps including but not limited, to freeze your account momentarily or perpetually or until further notice, to terminate your account, or to move all digital currency/credits in your account/wallet into an escrow account pending further instruction from the authorities, to report your transaction and/or to provide your information to the relevant authorities for their further action.
  • Any other reason(s) or error not mentioned above, you may email us at support@everuspay.com for further enquiries. We shall respond to you in reasonable manner/time.

Merchant Terms of Use

These Merchant Terms of Use ("the Terms") govern your use of the products, services or any other features, technologies or functionalities (the "Services") provided by EverusPay through EverusPay's website, API or through any other means. The terms "Merchant" refer to the merchants to which we will be providing the Services and the person signing below or otherwise agreeing to the Terms on behalf of the merchant. Please read the Terms carefully; by using the Services, you agree to the Terms contained herein, in totality, and confirm that you accept them.

Services for Merchant

EverusPay is a digital currency payment processor. We enable Merchant to accept digital currency as payment for goods or services, and process digital currency payments that Merchant receives from Consumer / Users. We are not a digital asset exchanger, wallet service provider, or a place to purchase and/or to sell digital currency. Our Services are only available to businesses (Merchant) that sell products and/or services and/or to registered charitable organizations that accept donations. By using the Services, the Merchant authorizes us to act as agent so we may receive, hold and disburse funds on behalf of the Merchant (if applicable and/or necessary) and to take any and all actions that we think are necessary to provide the Services and to comply with applicable law. Payment by Consumer/User to the and/or through EverusPay shall be considered the same as payment made directly to Merchant and will extinguish the Consumers'/users' outstanding obligation, to the extent of the payment, to the Merchant.

General Restrictions:

  • Merchants:
    • Onboarding: to utilize this Service, you must first open an Everus Wallet Account (a third party wallet service provider). Opening of account can be considered successful upon completing Everus' Know-your-Customer's (KYC) processes mentioned above, and all other necessary information including but not limited to the information relating to the business, ie it's legal name, physical address of the business, and your company's website, ultimate beneficial owner and/or the most senior individual of your organization, all the official documentation related to your business registration such as certificate of incorporation, memorandum and article of associations, information on the directors, partners and shareholders, bank statements (for the past 3 months) and corporate structure and financial plan (if applicable). We will also request for information on your business if necessary. The information that you provide at the time of account opening must be accurate and complete and you must inform us within ten business (10) days of any changes to such information.
    • KYC: Depending on your nature of business, we may require additional information from you (including any person signing below or otherwise agreeing to the Terms on behalf of the merchant) to help verify your identity and assess your business risk by way of verifying your tax identification number and/or government-issued identification. We may also obtain information about you from third parties, such as credit bureaus and identity verification services.
    • You authorize EverusPay to, directly or through third parties, to make any inquiries or take any actions we consider necessary to validate your identity, evaluate your creditworthiness, and verify information that you have provided to us. You authorize EverusPay to obtain financial and credit information, such as your personal credit report, or the credit report of your directors, officers, and principals. By completing your application to become a EverusPay's merchant, you are providing EverusPay with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain such financial information or credit reports.
    • In the event that we are unsuccessful in receiving satisfactory information for us to verify your identity or determine that you are creditworthy, EverusPay reserves the right to terminate this Agreement with immediate notice to you, cease to provide you access to the EverusPay system, and refuse or rescind any payment by your customers.
    • Non-Compliance: We have the right to freeze your account and close your EverusPay account thereafter; or reject your registration at the first instance, if you do not provide us with accurate, complete, and satisfactory information.
    • Remedy for EverusPay: If we have any reason(s) to believe that your Transactions pose an unacceptable level of risk, that you have breached the terms of this Agreement, or that your account has been compromised, we may take various actions to avoid liability. The actions we may take include, but are not limited to, suspending or limiting your ability to use EverusPay, refusing to process any Transaction, reversing a Transaction, holding your Settlement sum, and contacting your customers to verify Transactions and reduce potential fraud and disputes. If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
    • Security of your access: You agree to:
      • Not allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, EverusPay will not be liable to you for losses or damages;
      • Keep your personal details up to date. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us; and
      • Take all reasonable steps to protect the security of the personal electronic device through which you access the EverusPay (including, without limitation, using PIN and/or password protected personally configured device functionality to access the EverusPay and not sharing your device with other people).
    • Indemnification by Merchant: Merchant agrees to indemnify, defend, and hold harmless against EverusPay, its holding company, affiliates, officers, directors, agents, employees and suppliers from and against any lawsuit, claim, liability, loss, penalty or other expense (including attorneys' fees and cost of defense) they may suffer or incur as a result of (i) merchant's breach of this Agreement or any other agreement you enter into with EverusPay or its suppliers in relation to the use of the EverusPay; (ii) your use of the EverusPay; and/or (iii) your violation of any applicable law, regulation, or Association Rules and requirements.
    • Term & Termination: The term of this Agreement shall commence on the Effective Date and shall continue on until terminated as set forth herein. You may terminate this Agreement, without cause, by providing EverusPay with notice of your intent to terminate, or by ceasing to use EverusPay.
      • EverusPay may terminate this Agreement or suspend services to you if any of the following occurs: (1) we are required the acquiring bank, or an order from a regulatory body to cease providing services to you; (2) we believe that you have breached this Agreement, or are likely to do so; (3) if we determine that your use of the EverusPay carries an unacceptable amount of risks, including credit or fraud risks; or (4) any other legal, reputational, or risk-based reason exists, in EverusPay's sole discretion. In the event that we must terminate this Agreement, we shall provide you with written notice as soon as reasonably practicable.
      • After termination by either party as described above, Merchant shall no longer have access to, and shall cease all use of the EverusPay. Any termination of this Agreement does not relieve Merchant of any obligations to pay any fees, costs, penalties, Chargebacks or any other amounts owed by you to EverusPay as provided under this Agreement, whether accrued prior to or after termination.

    • DISPUTE RESOLUTION: THE PARTIES ALSO AGREE THAT THE MERCHANT AND EVERUSPAY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON A SINGLE ENTITY BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH THE MERCHANT AND EVERUSPAY AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER EVERUSPAY'S MERCHANTS.
      • The arbitration will be conducted by the ASIAN INTERNATIONAL ARBITRATION CENTRE ("AIAC"s) under its commercial arbitration rules, as modified by this Agreement to Arbitrate. Payment of all filing, administration, and arbitrator fees will be governed by the AIAC's rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this clause is invalid or unenforceable, the clause below shall still apply.
      • The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$500,000 or less, you or EverusPay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and EverusPay subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or EverusPay may attend by telephone, unless required otherwise by the arbitrator(s).
      • The arbitrator(s) will decide the substance of all claims in accordance with the laws of the Malaysia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different merchants, but is/are bound by rulings in prior arbitrations involving the same merchant to the extent required by applicable law. The arbitration award shall be final and binding and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    • Invoices & Transactions record: You as the merchant, is responsible to keep all transactions record needed for fulfilling the goods or services sold to the Purchaser and providing any post-sale support to the Purchaser. If the sale of the item requires any government registration of the sale, you are responsible for such registration. EverusPay is required to maintain records of all documentation and information collected for your merchant account for the duration that your account is active, and up to 5 years thereafter.
    • Merchant's KYC: Consistent with your local laws and regulations, you are solely responsible for obtaining any information required of those who purchase your goods or services. For instance, if applicable law prohibits a sale to persons under the age of 18 years, you must ensure that a Purchaser is at least 18 years of age. Similarly, if applicable law requires that a Purchaser's identity be verified, you must verify the Purchaser's identity. We will not be responsible for your failure to adequately verify your Purchasers' identities or qualifications.
    • Taxes: Merchant shall pay, indemnify, and hold EverusPay harmless from (i) any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty not based on EverusPay's income, and (ii) all government permit fees, customs fees and similar fees which EverusPay may incur with respect to this Agreement. Such taxes, fees and duties paid by Merchant shall not be considered a part of, a deduction from, or an offset against, payments due to EverusPay hereunder.
    • Liability for Invalidated Payments / other liabilities: You are liable for all claims, expenses, fines and liability we incur arising out of:
      • (a) a Chargeback, Refund, over-payment, payment error, or other invalid payment you caused (collectively "Invalidated Payment");
      • (b) any error, negligence, misconduct or fraud by you, your employees, or someone acting on your behalf; and
      • (c) any losses resulting from your failure to comply with the terms of this Agreement, or your usage of the EverusPay.

      In the event of an Invalidated Payment or other liability, EverusPay may deduct the amounts due to EverusPay from your settlement amount.

    • Prohibited activities by laws: Your use of the Services is also subject to the following important restrictions, including of those that are in our General Terms of Use:
      • You are at least eighteen (18) years old or older and have the right, power and contractual capacity to agree to these Terms.
      • Your use of the Services will not contravene any applicable international, federal, state or local law or regulation, including applicable tax laws and regulations.
      • Your use of the Services will not relate to the following prohibited activities:
        • Sales of narcotics, research chemicals or any controlled substances;
        • Sales of cash or cash equivalents, including items used for speculation or hedging purposes (such as derivatives), and the sale or trade of cryptocurrencies;
        • items that infringe or violate any intellectual property rights such as copyrights, trademarks, trade secrets, or patents;
        • ammunition, firearms, explosives (including fireworks), or weapons regulated under applicable law or as determined by us; or
        • transactions that show the personal information of third parties in violation of applicable law;
        • transactions that support pyramid, Ponzi, or other "get rich quick" schemes;
        • transactions that are related to cloud-mining;
        • provide credit repair or debt settlement services;
        • Explicit sexual content; and
        • Sales of Kratom or Nootropics, medicines, drugs, controlled substances and/or supplements that are not approved by health ministries of relevant countries (Vendors' and purchasers') and/or laws.
      • If your use of the Services relates to one of the following restricted activities, your activities are subject to internal review and you are only allowed to transact when expressly authorized by EverusPay in writing. Kindly take note that this list is not exhaustive as restrictions by laws and regulators changes from time to time. If you are unsure of the product(s) you intend to transact is legal or not, you are encouraged to seek legal advice from legally qualified person(s) of your local / international trade laws:
        • Engaged in regulated industries such as Finance / Investments, Foreign Exchange (fiat / digital currency), Money Service Business (activities or E-wallets);
        • Engaged in selling cryptocurrency mining hardware;
        • Providing Currency exchange services;
        • Transaction that are associated with purchases of annuities or lottery contracts, lay-away systems, banking, offshore banking, transactions to finance, investing, investment related products or
        • Transactions that involve gambling or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, and sweepstakes, unless you have obtained our prior written approval and you and your customers are located exclusively in jurisdictions where such activities are permitted by law.

    PAYMENT (USER / CONSUMER / PURCHASER)

    • Whilst effecting for a payment, the Consumer/Purchaser shall be charged with the applicable blockchain fee. Depending on the type of transaction and type of digital currency being used as payment, the applicable blockchain fee may varies and shall be as low as 0.25% of the total payable to the Merchant.

    SETTLEMENT (MERCHANT)

    • Subject to the terms of this Agreement, EverusPay will credit the settlement amount to your designated digital currency wallet and/or Bank Account, minus any fees, Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that the Merchant owes to EverusPay under this Agreement and/or to the consumer (in the case of partial or full refund). If the Settlement is not sufficient to cover the amounts due, the Merchant agrees that we may debit the applicable amounts to the Merchant's Digital Currency Wallet after set-off the applicable amounts against future Settlement.
    • We charge a service fee for merchant's settlement from as low as 1% of the total settlement sum.
    • All the Banks' transactions charges shall be borne by the Merchant. The amount shall be deducted accordingly as mentioned above, depending on the countries and bankings' policy and charges applicable. Such sum shall be reflected in your Settlement summary.
    • If you issue a full or partial refund to your clients, the blockchain fee amount will be deducted from your merchant ledger balance. The deduction will be added as a separate entry in your ledger after the refund is executed.

Intellectual Property

The Site contains trademarks, service marks and domain names owned by EverusPay or other third parties. Unless specifically noted that such trademarks, service marks or domain names belong to a third party, EverusPay owns all trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name EverusPay, our logo, our design patterns and our other graphics, EverusPay.com website trade dress, and other indicia of origin of EverusPay products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent.

The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (the "Content"), and software used on this Site, are the property of EverusPay or third parties, and are protected by copyright and other Singapore and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by EverusPay ("EverusPay Content"), and material owned or controlled by third parties and licensed to EverusPay, including User Content (as described below). Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.

License Grant

We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service and the Content subject to your eligibility and your continued compliance with this Agreement. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content (other than your own User Content), and all related intellectual property rights. We reserve all rights not granted in this Agreement.

Unsolicited Idea Submissions

We are always happy to hear from our users and are grateful for your comments and suggestions how to improve our Services. The following policy applies to all third party submissions of ideas, comments, suggestions, improvements, proposals or materials:

All submissions are non-confidential and non-proprietary;

We will not be liable for any use or disclosure of any submission; and

We can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

Prohibited Activities

By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose. You may not attempt, through any means, to gain unauthorized access to any part of the Site or the Service, other account, computer system or network connected to our server. EverusPay reserves the right, in its sole and absolute discretion, to monitor any and all use of the Site and remove any User Content at any time.

Without limiting the foregoing, you will not use the Site and the Services to:

  • Post or otherwise transmit any User Content that
  • Is unlawful, false, misleading, inaccurate, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise objectionable;
    • Depicts or advocates the use of illicit drugs;
    • Makes use of offensive language or images;
    • You do not have a right to transmit under any law or under contractual or fiduciary relationships;
    • Poses or creates a privacy or security risk to any person;
    • Infringes any intellectual property or other proprietary rights of any party;
    • Are "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • In the sole judgment of EverusPay, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose EverusPay or its users to any harm or liability of any type;
  • Violate any applicable local, state, national, international or other law or regulation, or any order of a court, including without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;
  • Access the Site and the Content from territories where such website and consent are illegal or strictly prohibited;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • Interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • Use the Services to transmit, distribute, post or submit any information concerning any other person without their permission;
  • Harvest or collect email addresses or other contact information of other users by electronic or other means without their consent;
  • "stalk" or harass any other User or collect or store any information about any other User;
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
  • Register for more than one user account or register for a user account on behalf of an individual other than yourself;
  • Transfer or sell your account and/or username to another party;
  • Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
  • Other than with respect to your own User Content,
    • Use, reproduce, duplicate, copy, sell, resell or exploit the Content;
    • Compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or
    • Otherwise remove any text, copyright or other proprietary notices contained in the Content;
  • decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
  • modify, translate, or otherwise create derivative works of any part of the Service; or
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

Acknowledgements

You agree and understand that by creating a EverusPay account and posting User Content, you will be exposing your personal information to others. Under no circumstances will EverusPay be liable for any consequences resulting from you sharing your information with other people, including, but not limited to, for any errors or omissions, or for any loss, injury or damage of any kind incurred as a result of such actions. You release EverusPay from any claims related to the sharing of your information through the Site, including personally identifiable information. You acknowledge that EverusPay has no control over, and no duty to take any action regarding: which persons gain access to your information; how they use such information and what effects this may have on you.

Password and Account Security

You are solely responsible for maintaining the confidentiality of your password associated with your account. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.

You agree to:

  • Immediately notify us at support@everuspay.com of any unauthorized use of account or any other breach of security, and
  • Ensure that you log off and exit from your account at the end of each session when accessing the Services. EverusPay will not be liable for any loss or damage arising from your failure to comply with this section.

External Links

This Agreement applies only to the Site and the Services. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as producers ("Third-Party Content"), either at the Site or through links to third-party websites or mobile applications. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.

Disclaimer of Warranties

ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EverusPay DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL EverusPay (FOR PURPOSES OF THIS SECTION, "EverusPay" OR "WE" INCLUDES EverusPay'S EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, INJURY TO PERSONAL PROPERTY, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF ETH 0.01.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless EverusPay, our subsidiaries and affiliated companies, and their officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys' fees) and all amounts paid in settlement arising out of, connected with, or accruing from

  • Your access to or/and use of the Site, the Services or the Content;
  • Your violation of this Agreement,
  • Your violation of any applicable law;
  • Your User Content, or
  • Your interaction with any User. EverusPay may assume the exclusive defense and control of any matter for which you have agreed to indemnify EverusPay and you agree to assist and cooperate with EverusPay in the defense or settlement of any such matters.

English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

International Use

We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. Accessing the Site is prohibited from territories where the Site's Content is illegal.

You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by Governmental Entity imposing economic sanctions and trade embargoes ("Economic Sanctions Laws") against designated countries ("Embargoed Countries"), entities and persons (collectively, "Embargoed Targets"). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to:

  • Directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology or information of any portion thereof to an Embargoed Target, or
  • Broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.

Cooperation with Authorities and Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

Modifications

We may occasionally modify the Terms of Use or the Privacy Policy. All changes will be effective upon posting on the Site. You can determine when the Terms of Use or the Privacy Policy were last revised by referring to the "Last Updated" legend at the top of the page. You agree to be bound by any such changes if you continue to use the Site after such changes have been posted. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time.

Right to Discontinue Services; Termination

EverusPay may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice, suspend or discontinue, temporarily or permanently, the Site, the and the Services (or any part thereof) and/or deactivate or cancel your EverusPay account. You may also cancel your EverusPay account at any time by sending us an email at support@everuspay.com. Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright Notice Policy

EverusPay respects copyright law and expects its users to do the same.

No Legal Advice

Nothing contained in this Agreement or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.

Notification Procedures

You agree that EverusPay may provide notifications to you via email, hard copy notice, or through posting on our Site.

Ownership

Utilisation of EverusPay / platform does not in any way grant users any ownership or right to property in EverusPay or on the EverusPay platform or that of any other related company. While the community's opinions and feedback may be taken into account, EverusPay do not give any right for users to participate in decision making or any direction of business development related to the EverusPay platform.

Absence of guarantees of income or profit

There is no guarantee that any digital currency will grow in value. If it happens, there are no guarantees that the rate of digital currency will not decrease, including significantly, due to some unforeseen events, or events over which the developers have no control, or because of force majeure circumstances.

Risks associated with Blockchain technology

digital currency are issued on its own blockchain based on certain protocol. Therefore, any failure or malfunctioning of the blockchain or protocol may lead to the network working unexpectedly. These circumstances are out of EverusPay's control.

Regulatory uncertainty

Blockchain technologies are subject to supervision and control by various regulatory bodies around the world. digital currency may fall under one or more requests or actions on their part, including but not limited to restrictions imposed on the use or possession of digital tokens / digital currency in the future.

By sending / accepting to store digital currency with us, you represent and warrant that:

  • Your digital currency complies with applicable laws and regulations in your jurisdiction, including, but not limited to,
  • Legal capacity and any other threshold requirements in your jurisdiction for the usage, transfer, receiving and storing of digital currency and entering into this terms and conditions with EverusPay,
  • Any foreign exchange or regulatory restrictions applicable to such usages, and
  • Any governmental or other consents that may need to be obtained;
  • You will comply with any applicable tax obligations in your jurisdiction arising from your usages of digital currency; and
  • You are not a citizen or resident of a geographic area in which acceptance of delivery of the digital currency is prohibited by applicable law, decree, regulation, treaty, or administrative act.
  • The regulatory status of digital currency and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications. Regulatory actions could negatively impact the usages of digital currency in various ways, including, for purposes of illustration only, through a determination that the usages of digital currency constitutes unlawful activity or that the digital currency are regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the usages thereof. EverusPay may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

    Digital Currency is not an investment

    EverusPay is of the view that digital currency is not official or legally binding investments or legal tender of any kind. In case of unforeseen circumstances, the objectives stated in this document may be changed. Despite the fact that we intend to reach all goals described in this document, all persons and parties involved in the usages of digital currency shall do so at their own risk.

    Quantum computers

    Technical innovations, like the development of quantum computers, may pose a danger to digital currency.

    Risk of losing funds

    Funds collected in fundraising are in no way insured. If they are lost or lose their value, there is no private or public insurance representative that buyers can reach out to.

    Risks of using new technologies

    Blockchain is a relatively new technology. In addition to the risks mentioned in this document, there are certain additional risks that the team of the EverusPay platform may not foresee. These risks may manifest themselves in other forms of risk than those specified herein.

    Integration

    This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Contract. All previous agreements, discussions, presentations, warranties, and conditions are combined in this document. There are no warranties, representations, conditions, or agreements, express or implied, between the parties, except those explicitly stated in this Agreement.

    Miscellaneous

    Reservation of Rights. We reserve all rights not expressly granted by this Agreement.

    Dispute resolution. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. In the event of a dispute, the courts of Hong Kong shall have absolute and exclusive jurisdiction.

    Material Terms. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Site.

    If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.

    Assignment; Waiver. You may not transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

    Complete Agreement. This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by we, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.

    If you have any questions or concerns relating to EverusPay and/or this Agreement, you may contact us by email at support@everuspay.com

    Last Updated : 13/3/2019