By "Agreeing" to the terms herein, you AGREE AND CONFIRM that: -
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.
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:
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.
You additionally represent and warrant that:
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.
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: -
In the circumstance that the verification process failed/cannot be completed because of:
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.
In the event of an Invalidated Payment or other liability, EverusPay may deduct the amounts due to EverusPay from your settlement amount.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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
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:
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.
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 email@example.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.
EverusPay respects copyright law and expects its users to do the same.
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.
You agree that EverusPay may provide notifications to you via email, hard copy notice, or through posting on our Site.
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.
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.
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.
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:
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.
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.
Technical innovations, like the development of quantum computers, may pose a danger to digital currency.
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.
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.
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.
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 firstname.lastname@example.org
Last Updated : 13/3/2019