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Terms & Conditions

1. Introduction

Welcome to eBirpay Payment Gateway. These Terms and Conditions govern your access to and use of our services. By utilizing eBirpay Payment Gateway, you agree to comply with these terms, which constitute a binding legal agreement between you ("the user") and eBirpay.

eBirpay Payment Gateway is a secure and reliable platform that facilitates seamless payment processing, enabling individuals and businesses to accept, process, and manage payments across various methods such as mobile money, bank transfers, and card payments. Our services are designed to enhance the efficiency, security, and convenience of online transactions.

By accessing or using the eBirpay Payment Gateway, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not accept these terms, you must refrain from using our services.

2. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings assigned to them below:

  1. "eBirpay Payment Gateway": Refers to the platform and services provided by eBirpay for processing, managing, and facilitating online payments through various methods, including but not limited to mobile money, bank transfers, and card payments.
  2. "User": Refers to any individual or entity that accesses or uses eBirpay’s services, including merchants, customers, or any authorized representatives.
  3. "Merchant": Refers to any individual or business entity registered with eBirpay to accept payments for goods or services through the payment gateway.
  4. "Customer": Refers to an individual or entity making payments through eBirpay Payment Gateway to a merchant.
  5. "Account": Refers to a user account created with eBirpay that provides access to the platform’s services.
  6. "Service": Refers to all functionalities offered by eBirpay, including payment processing, refunds, recurring payments, and associated customer and merchant tools.
  7. "Transaction": Refers to any financial activity facilitated through eBirpay, including payments, transfers, withdrawals, or refunds.
  8. "Fee": Refers to the charges applicable for using eBirpay’s services, as outlined in the pricing structure.
  9. "Prohibited Activities": Refers to any activities explicitly restricted under these Terms and Conditions, including fraud, money laundering, or use of the platform for illegal transactions.
  10. "Confidential Information": Refers to all proprietary, technical, or sensitive information shared between eBirpay and the user, whether disclosed orally, in writing, or through any other means.
  11. "KYC (Know Your Customer)": Refers to the process of verifying the identity of users and merchants to ensure compliance with anti-money laundering (AML) regulations.

These definitions apply throughout this document and are intended to clarify the scope and meaning of terms used within these Terms and Conditions.

3. Eligibility

To use eBirpay Payment Gateway, you must meet the following eligibility criteria:

  1. Age Requirement: You must be at least 18 years old or the legal age of majority in your jurisdiction to use our services. By accessing eBirpay, you confirm that you meet this requirement.
  2. Business Requirements (For Merchants):
    • Merchants must have a legally registered business entity and provide all required documentation during registration.
    • Merchants must comply with all applicable laws and regulations governing their business activities, including those related to payment processing.
  3. Personal and Business Information:
    • You agree to provide accurate, complete, and up-to-date information when registering for an account or using our services.
    • You must promptly update your information if any changes occur.
  4. Restricted Jurisdictions: eBirpay may restrict access to its services in certain regions or countries due to legal, regulatory, or operational reasons. Users from such jurisdictions are not eligible to use the platform.
  5. Compliance with Policies: By using eBirpay, you agree to comply with these Terms and Conditions, along with any other policies, guidelines, or procedures issued by eBirpay.
  6. No Prior Restrictions: Users must not be previously banned or restricted from using eBirpay’s services due to violations of our Terms and Conditions or applicable laws.

eBirpay reserves the right to verify your eligibility at any time and may suspend or terminate your access to the platform if you fail to meet these criteria.

4. Account Registration and Security

  1. Account Creation:
    • To use eBirpay’s services, users must create an account by providing accurate and complete personal or business information, including valid contact details and documentation as required during the registration process.
    • Merchants must submit business registration documents and verify their identity to activate their account.
  2. Account Responsibility:
    • You are responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other security information.
    • Any activity conducted through your account will be deemed authorized by you. It is your responsibility to notify eBirpay immediately if you suspect any unauthorized access or security breach.
  3. Account Verification:
    • eBirpay may require identity verification (KYC) as part of the registration process or at any point during your use of the services.
    • Failure to provide the requested documents or information may result in account suspension or termination.
  4. Account Accuracy:
    • You agree to keep your account information up to date. Inaccurate or outdated information may result in the suspension or termination of your account.
  5. Prohibited Accounts:
    • You may not create an account if you have previously been terminated or banned from using eBirpay’s services.
    • Accounts created with false information, or for illegal or fraudulent activities, will be terminated immediately.
  6. Account Suspension or Termination:
    • eBirpay reserves the right to suspend or terminate accounts at its discretion if any terms are violated or for any other operational or legal reason.
    • In case of termination, any funds held in the account will be handled per the applicable regulations and eBirpay’s internal policies.

By registering for an eBirpay account, you acknowledge and agree to abide by these terms and take full responsibility for the security and use of your account.

5. Services Provided

eBirpay Payment Gateway offers a range of services to facilitate seamless and secure online payment transactions. These services include:

  1. Payment Processing:
    • eBirpay enables merchants to accept payments through various methods, including mobile money, debit/credit cards, bank transfers, and payment links.
    • The platform supports both one-time and recurring payment setups for convenience.
  2. Payout Services:
    • Merchants can withdraw funds collected through eBirpay to their preferred bank accounts or mobile money wallets.
    • Payouts are processed based on the merchant’s selected schedule or as per agreed terms.
  3. Money Transfer:
    • eBirpay supports peer-to-peer money transfers, allowing users to send funds directly to other users or external accounts.
  4. Refunds and Dispute Resolution:
    • Merchants can process customer refunds through the platform.
    • eBirpay provides tools for resolving transaction disputes between customers and merchants.
  5. Real-Time Transaction Monitoring:
    • The platform offers a dashboard for users and merchants to monitor their transactions in real time, ensuring transparency and control.
  6. Integration Support:
    • eBirpay provides APIs and integration tools for merchants to incorporate the payment gateway seamlessly into their websites or mobile applications.
  7. Security and Fraud Prevention:
    • eBirpay employs advanced encryption and fraud detection measures to ensure secure transactions for both merchants and customers.
    • The platform is compliant with international security standards, including PCI DSS.
  8. Customer Support:
    • eBirpay offers dedicated support to assist users with inquiries, technical issues, or payment-related concerns.

By utilizing eBirpay’s services, users agree to adhere to these terms and any additional guidelines or policies specific to each service.

6. Fees and Payment Terms

  1. Service Fees:
    • eBirpay charges service fees for transactions processed through the platform, including payment processing, payouts, and money transfers.
    • The applicable fees will be outlined in the pricing schedule provided to users and merchants during account registration or as updated periodically.
  2. Fee Deduction:
    • Transaction fees are automatically deducted from the processed amount before funds are credited to the merchant’s account.
    • For other services, fees will be charged as specified in the relevant agreements or invoices.
  3. Currency Conversion:
    • If a transaction involves currency conversion, eBirpay may apply an exchange rate and a conversion fee. These rates and fees are subject to change based on market conditions.
  4. Refund Policy on Fees:
    • Fees paid for successful transactions are non-refundable, including cases where customers request a refund. Merchants bear the cost of refund-related transaction fees.
  5. Payout Charges:
    • eBirpay may impose fees for withdrawing funds to a bank account or mobile wallet. These fees are detailed in the pricing structure and depend on the withdrawal method and currency.
  6. Late Payments:
    • Merchants are required to settle any outstanding amounts owed to eBirpay promptly. Late payments may incur additional charges, penalties, or service suspension.
  7. Tax Responsibility:
    • Users are responsible for all applicable taxes related to their transactions, including VAT, sales tax, or other duties. eBirpay may deduct taxes where required by law.
  8. Fee Changes:
    • eBirpay reserves the right to update its fee structure at any time. Users will be notified of any changes in advance, and continued use of the service after such changes will constitute acceptance.

By using eBirpay’s services, you acknowledge and accept the fees and payment terms described herein.

7. User Obligations

  1. Compliance with Laws:
    • Users must comply with all applicable local, national, and international laws and regulations when using eBirpay’s services.
    • eBirpay strictly prohibits any use of its platform for illegal, unauthorized, or fraudulent activities, including but not limited to money laundering, financing terrorism, or conducting scams.
  2. Accurate Information:
    • Users are required to provide accurate, complete, and up-to-date information during account registration and use of the platform.
    • Any false or misleading information may result in account suspension, termination, or legal action.
  3. Use of Services:
    • Users must use the platform solely for legitimate purposes as outlined in these terms and conditions.
    • eBirpay’s services cannot be used for selling prohibited goods, facilitating illegal transactions, or any other unauthorized activities.
  4. Data Security:
    • Users must ensure the confidentiality and security of their account credentials and any data shared on the platform.
    • Unauthorized access, sharing of login credentials, or any activities that compromise account security are strictly prohibited.
  5. Payment Responsibilities:
    • Users must ensure sufficient funds or valid payment methods when initiating transactions.
    • Merchants are responsible for ensuring that their customers comply with payment obligations and any related policies.
  6. Prohibited Activities:
    • Users may not engage in activities that harm or exploit the eBirpay platform, including reverse engineering, attempting to bypass security measures, or interfering with its functionality.
    • The use of eBirpay for abusive, defamatory, or unethical behavior is strictly prohibited.
  7. Dispute Resolution Cooperation:
    • Users agree to cooperate in resolving any transaction disputes or issues reported by eBirpay, customers, or other stakeholders.
  8. Responsibility for Third-Party Actions:
    • Merchants and users are responsible for ensuring that their employees, agents, or third parties using the platform on their behalf comply with these terms.

Failure to meet these obligations may result in account suspension, termination, or legal action by eBirpay. By using the platform, you acknowledge and accept these user responsibilities.

8. Merchant Obligations

  1. Account Registration:
    • Merchants must register for an account by providing accurate, complete, and up-to-date business information.
    • Any changes to the business information must be promptly updated in the eBirpay system.
  2. Business Legitimacy:
    • Merchants must ensure that their business activities are lawful and comply with all applicable regulations.
    • eBirpay reserves the right to request documentation to verify the legitimacy of the business.
  3. Transaction Transparency:
    • Merchants must accurately describe their products or services and provide clear terms of sale to customers.
    • Misrepresentation of goods or services is strictly prohibited and may result in account suspension.
  4. Customer Service and Dispute Resolution:
    • Merchants are responsible for resolving disputes with their customers regarding payments, refunds, or product/service quality.
    • eBirpay may mediate disputes but is not responsible for enforcing resolutions unless explicitly agreed.
  5. Compliance with Payment Rules:
    • Merchants must adhere to all payment processing rules, including those imposed by financial institutions, card networks, or regulatory bodies.
    • Unauthorized or fraudulent transactions must be reported to eBirpay immediately.
  6. Fee Payment:
    • Merchants are responsible for paying all fees associated with their use of eBirpay services, as outlined in the fee structure.
    • Failure to pay fees may result in service suspension or additional penalties.
  7. Prohibited Transactions:
    • Merchants must not use eBirpay to sell prohibited goods or services, including items banned by law or deemed high-risk under eBirpay policies.
    • The use of the platform for illegal or unethical activities will result in account termination.
  8. Data Privacy and Security:
    • Merchants must protect customer data obtained through the platform, ensuring compliance with data privacy laws and regulations.
    • Any data breach or unauthorized access must be reported to eBirpay immediately.
  9. Integration and Maintenance:
    • Merchants integrating eBirpay into their systems are responsible for maintaining the functionality of the integration.
    • eBirpay provides support for integration issues but is not responsible for third-party system failures.
  10. Tax Compliance:
    • Merchants are responsible for reporting and remitting all applicable taxes arising from their transactions on eBirpay.
    • eBirpay may withhold taxes if required by law.

Failure to comply with these obligations may lead to account suspension, termination, or legal action. By using eBirpay services, merchants agree to uphold these responsibilities.

9. Privacy and Data Protection

  1. Collection of Information:
    • eBirpay collects personal and business information during account registration, transaction processing, and service use.
    • This information may include, but is not limited to, contact details, payment details, transaction history, and business documentation.
  2. Use of Information:
    • eBirpay uses collected data to facilitate payment processing, improve services, enhance security, and comply with legal obligations.
    • Users and merchants consent to the use of their data for these purposes when using eBirpay.
  3. Data Security:
    • eBirpay employs industry-standard security measures to protect user and merchant data from unauthorized access, alteration, or disclosure.
    • Despite these measures, users acknowledge that no system is completely secure and agree to notify eBirpay of any suspected breaches.
  4. Sharing of Information:
    • eBirpay may share information with third parties, such as payment processors, financial institutions, and regulatory authorities, as necessary to provide services or comply with legal requirements.
    • eBirpay does not sell user or merchant data to third parties.
  5. User Responsibilities:
    • Users are responsible for maintaining the confidentiality of their account credentials and safeguarding sensitive data accessed via eBirpay.
    • Unauthorized access to accounts must be reported immediately to prevent further misuse.
  6. Retention of Data:
    • eBirpay retains user and merchant data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, or resolve disputes.
    • Users may request data deletion after account closure, subject to compliance with legal retention requirements.
  7. Compliance with Laws:
    • eBirpay adheres to applicable data protection laws and regulations, including GDPR and other local requirements.
    • Users and merchants must ensure their compliance with these laws when using eBirpay services.
  8. Cookies and Tracking:
    • eBirpay’s website may use cookies and tracking technologies to improve user experience and gather analytical data.
    • Users can manage cookie preferences through their browser settings.
  9. Third-Party Services:
    • eBirpay may integrate with third-party services, which have their own privacy policies. Users are encouraged to review these policies as eBirpay is not responsible for third-party data practices.
  10. Updates to Privacy Policy:
    • eBirpay reserves the right to update its privacy and data protection policies. Users will be notified of any significant changes, and continued use of the platform constitutes acceptance of the updated terms.

By using eBirpay, users and merchants acknowledge and accept the terms outlined in this Privacy and Data Protection clause.

10. Payment Processing

  1. Payment Authorization:
    • By initiating a payment through eBirpay, users authorize the platform to process transactions on their behalf.
    • Users agree to provide accurate payment details and sufficient funds for each transaction.
  2. Transaction Settlement:
    • Funds collected through eBirpay will be settled into the designated merchant accounts as per the agreed settlement schedule.
    • Settlement timelines may vary depending on the payment method, financial institution processing times, and regional regulations.
  3. Transaction Limits:
    • eBirpay may impose transaction limits on accounts based on regulatory requirements, account verification status, or risk assessments.
    • Merchants and users will be notified of these limits.
  4. Refunds and Reversals:
    • Refunds and transaction reversals are subject to eBirpay’s refund policy and must be initiated through the platform’s tools.
    • Merchants bear the responsibility for initiating refunds to customers where applicable.
  5. Chargebacks:
    • In the event of a chargeback, merchants are responsible for providing supporting documentation to dispute the claim.
    • Chargeback fees may apply, and repeated chargebacks may result in account suspension.
  6. Transaction Verification:
    • eBirpay reserves the right to verify transactions for accuracy, security, and fraud prevention.
    • Suspicious or flagged transactions may be delayed, withheld, or canceled at eBirpay’s discretion.
  7. Currency Conversion:
    • Transactions involving currency conversion will use the exchange rate determined by eBirpay at the time of the transaction.
    • Conversion fees may apply, and users agree to bear these costs.
  8. Payment Failures:
    • eBirpay is not responsible for failed transactions resulting from incorrect user details, insufficient funds, or technical failures beyond its control.
    • Users must ensure all details are accurate before initiating payments.
  9. Transaction Notifications:
    • Users and merchants will receive notifications for successful, failed, or disputed transactions via email, SMS, or dashboard alerts.
  10. Compliance with Payment Regulations:
  • All payments processed through eBirpay must comply with local and international financial regulations, including anti-money laundering (AML) and know-your-customer (KYC) requirements.
  • Users must cooperate with any verification or auditing processes initiated by eBirpay or regulatory authorities.
  1. Payment Suspension or Freezing:
  • eBirpay reserves the right to temporarily suspend or freeze payments if suspicious activities are detected, pending further investigation.
  1. No Guarantee of Instant Settlement:
  • While eBirpay strives for timely processing, instant settlement cannot be guaranteed due to factors such as banking delays, technical issues, or compliance reviews.

By using eBirpay’s payment processing services, users and merchants acknowledge and accept the responsibilities, processes, and limitations outlined in this clause.

11. Refunds, Chargebacks, and Disputes

  1. Refund Policy:
    • Refunds are subject to the merchant's refund policy, which must be clearly communicated to customers at the time of purchase.
    • Merchants are responsible for initiating refunds through the eBirpay platform and ensuring they are processed promptly.
    • Refund processing timelines may vary based on the payment method and financial institution policies.
  2. Eligibility for Refunds:
    • Refunds may only be initiated for valid reasons, such as product defects, failed transactions, or service non-delivery.
    • Refund requests must be submitted within the merchant's stipulated refund period.
  3. Refund Fees:
    • Transaction fees charged by eBirpay are non-refundable, even if the transaction is reversed or refunded.
    • Additional refund processing fees may apply.
  4. Chargebacks:
    • A chargeback occurs when a customer disputes a transaction with their bank or payment provider.
    • Merchants must respond promptly to chargeback notifications and provide all requested documentation to support their case.
    • Failure to respond to a chargeback may result in the automatic reversal of the transaction in favor of the customer.
  5. Chargeback Fees:
    • Merchants are responsible for any fees associated with chargebacks.
    • Repeated chargebacks or unresolved disputes may result in account suspension or termination.
  6. Dispute Resolution:
    • eBirpay provides tools for resolving transaction disputes between merchants and customers.
    • Users are encouraged to resolve disputes amicably before escalating them through formal channels.
    • eBirpay may mediate disputes but does not guarantee a resolution favorable to either party.
  7. Final Decision:
    • In cases of unresolved disputes, eBirpay reserves the right to make a final determination based on the evidence provided by both parties.
    • The decision made by eBirpay is binding and cannot be contested further.
  8. Fraudulent Claims:
    • Users found to be making fraudulent refund or chargeback claims will face account suspension, termination, and potential legal action.
  9. Withholding Funds:
    • eBirpay may temporarily withhold funds associated with disputed or chargeback transactions until the dispute is resolved.
  10. Communication of Outcomes:
  • Merchants and customers will be notified of the final outcomes of refunds, chargebacks, and dispute investigations through email or the eBirpay dashboard.

By using eBirpay, users and merchants agree to adhere to these refund, chargeback, and dispute resolution processes and accept the outcomes determined by eBirpay.

13. Payment Processing

  1. Payment Flow and Timelines:
    • When a transaction is initiated through eBirpay Payment Gateway, the payment is processed in real-time, subject to verification and authorization by the respective financial institution or payment provider.
    • Successful payments are acknowledged instantly, and notifications are sent to both the payer and the recipient via email, SMS, or the eBirpay dashboard.
    • Settlement timelines may vary depending on the payment method used:
      • Card Payments: Typically settled within 1–3 business days.
      • Mobile Money Payments: Typically settled within 24 hours.
      • Bank Transfers: Settlement times depend on the respective banking institutions and may take up to 5 business days.
  2. Authorization and Settlement of Payments:
    • By initiating a payment, the payer authorizes eBirpay to process and transfer funds on their behalf.
    • Funds collected are securely held in a designated eBirpay escrow or settlement account until settlement to the merchant's registered bank or mobile wallet account is completed.
    • Settlement is subject to verification checks, fraud risk assessment, and compliance with applicable regulations.
    • eBirpay reserves the right to delay or withhold settlement in cases where suspicious activity or potential violations of these terms are detected.
  3. Limits on Transaction Amounts:
    • eBirpay may impose minimum and maximum transaction limits based on regulatory requirements, risk assessments, or account verification status.
    • Transaction limits may vary by payment method (e.g., card, mobile money, or bank transfer).
    • Users and merchants will be notified of these limits via their dashboards or official communication channels.
    • For transactions exceeding predefined limits, additional verification or documentation may be required.
  4. Payment Failures:
    • Payments may fail due to insufficient funds, incorrect payment details, technical errors, or fraud detection triggers.
    • In case of a failed payment, the user will be notified, and no funds will be deducted from the payer's account.
    • Repeated payment failures may result in temporary account suspension for security reasons.
  5. Currency Conversion:
    • For cross-border transactions, eBirpay will apply real-time exchange rates and conversion fees as applicable.
    • Users agree to bear any charges related to currency conversion during international transactions.
  6. User Responsibility:
    • Users must ensure that sufficient funds are available in their payment accounts before initiating transactions.
    • Merchants must provide accurate banking and payout details to avoid settlement failures.
  7. Platform Availability:
    • While eBirpay strives to maintain 24/7 availability, occasional downtime may occur due to scheduled maintenance, technical upgrades, or unforeseen issues.
    • eBirpay is not liable for losses arising from delays caused by third-party payment processors or financial institutions.

By using eBirpay Payment Processing Services, users and merchants agree to abide by these payment processing terms and acknowledge their responsibilities in ensuring smooth transactions.

14. Intellectual Property Rights

  1. Ownership of Intellectual Property:
    • All trademarks, logos, service marks, brand names, software, website content, and any other intellectual property associated with eBirpay Payment Gateway are the exclusive property of eBirpay or its licensors.
    • This includes but is not limited to, source code, designs, text, graphics, interfaces, images, proprietary algorithms, and documentation.
    • These intellectual property assets are protected under applicable intellectual property laws, including copyright, trademark, and patent laws.
  2. License to Use:
    • eBirpay grants users and merchants a limited, non-exclusive, non-transferable, and revocable license to access and use the platform solely for its intended purposes, as outlined in these Terms and Conditions.
    • This license does not grant users any ownership or rights to the underlying software, trademarks, or logos.
  3. Restrictions on Use:
    • Users and merchants are expressly prohibited from:
      • Copying, reproducing, modifying, distributing, or creating derivative works based on eBirpay’s software, trademarks, or any intellectual property.
      • Reverse engineering, decompiling, or attempting to extract the source code of the software.
      • Removing, altering, or obscuring any copyright notices, trademarks, or proprietary rights displayed on the platform.
      • Using eBirpay’s intellectual property for unauthorized or illegal purposes.
  4. Third-Party Intellectual Property:
    • The eBirpay platform may include software components or services provided by third parties, which are subject to their respective licenses.
    • Users must adhere to any third-party license terms when accessing or using such components.
  5. User Content:
    • Any content uploaded or submitted by users or merchants (e.g., logos, business names, or descriptions) remains the property of the respective user or merchant.
    • By submitting content, users grant eBirpay a non-exclusive, royalty-free license to use, display, and distribute such content solely for the purpose of providing services.
  6. Enforcement of Rights:
    • Unauthorized use of eBirpay’s intellectual property may result in account termination, legal action, and claims for damages.
    • eBirpay reserves the right to pursue all available legal remedies to protect its intellectual property rights.
  7. Reporting Violations:
    • Users are encouraged to report any suspected infringement of eBirpay’s intellectual property rights by contacting official support channels.

By using eBirpay Payment Gateway, users and merchants acknowledge and agree to respect the intellectual property rights outlined in this clause. Unauthorized use of eBirpay’s intellectual property is strictly prohibited.

15. Prohibited Uses

Users and merchants are strictly prohibited from using eBirpay Payment Gateway for any activities that are illegal, unethical, or violate these Terms and Conditions. Below are specific activities that are expressly forbidden:

1. Fraudulent Activities:

  • Using the platform to engage in fraudulent transactions, including false claims, identity theft, or misrepresentation of goods or services.
  • Manipulating payment data or attempting to bypass security measures to gain unauthorized access to funds or systems.

2. Money Laundering and Financial Crimes:

  • Using eBirpay to facilitate money laundering, terrorist financing, or any other financial crime.
  • Concealing or misrepresenting the origin of funds processed through the platform.

3. Hacking and Unauthorized Access:

  • Attempting to hack, disrupt, or interfere with the platform’s systems, servers, or networks.
  • Gaining unauthorized access to other users' accounts or confidential data.

4. Sale of Illegal or Restricted Goods and Services:

  • Using the platform to sell or distribute illegal goods, counterfeit products, or services prohibited by law.
  • Processing payments for restricted items such as narcotics, weapons, human trafficking, or any content violating intellectual property rights.
  • Facilitating payments for gambling, pornography, or any activity restricted under regional or international laws.

5. Abuse of Platform Services:

  • Engaging in excessive chargebacks, refunds, or disputes with the intention of exploiting the platform.
  • Using eBirpay in ways that may damage its reputation or hinder its ability to provide services to other users.

6. Misuse of User Data:

  • Collecting, storing, or misusing personal or financial data of customers without consent.
  • Sharing confidential information obtained through eBirpay with unauthorized third parties.

7. Unauthorized Integrations:

  • Integrating eBirpay’s payment gateway with third-party services or systems without proper authorization.
  • Modifying or reverse-engineering APIs, plugins, or other integration tools provided by eBirpay.

8. Circumventing Fees:

  • Attempting to bypass transaction fees, settlement policies, or any financial obligations owed to eBirpay.

9. Violation of Laws and Regulations:

  • Conducting transactions that violate local, national, or international laws, including those related to sanctions, export controls, and tax evasion.
  • Failing to adhere to regulatory requirements applicable in their jurisdiction.

10. Abusive Behavior:

  • Engaging in abusive, threatening, or harassing behavior toward eBirpay staff, representatives, or other users.

Consequences of Violation:

  • Accounts found violating these Prohibited Uses may be suspended, terminated, or permanently banned from using eBirpay.
  • Funds associated with prohibited activities may be frozen or forfeited, subject to legal investigation.
  • eBirpay reserves the right to report such activities to relevant law enforcement agencies and cooperate fully with investigations.

Reporting Prohibited Activities:

Users are encouraged to report any suspicious or prohibited activities through eBirpay's official support channels.

By using eBirpay Payment Gateway, users and merchants agree to adhere to these rules and understand the consequences of violating these Prohibited Uses.

16. Limitation of Liability

  1. Exclusion of Indirect, Incidental, or Consequential Damages:
    • eBirpay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
      • Loss of profits, revenue, or business opportunities.
      • Loss of data or information.
      • Business interruptions or downtime.
      • Reputational harm.
    • These exclusions apply even if eBirpay was advised of the possibility of such damages or if such damages were foreseeable.
  2. Maximum Liability for Direct Damages:
    • In no event shall eBirpay's total aggregate liability for any claims arising out of or related to these Terms and Conditions, whether in contract, tort (including negligence), or otherwise, exceed the total amount of fees paid by the user or merchant to eBirpay in the three (3) months immediately preceding the event giving rise to the claim.
    • If no fees were paid, eBirpay's liability shall not exceed USD 100 or its equivalent in the applicable currency.
  3. No Liability for Third-Party Actions:
    • eBirpay shall not be liable for losses, damages, or liabilities resulting from the actions, omissions, or failures of third parties, including:
      • Payment processors.
      • Financial institutions.
      • Third-party service providers.
    • This includes any delays, transaction failures, or errors caused by third-party systems.
  4. No Warranty of Uninterrupted Service:
    • While eBirpay strives to ensure continuous availability and performance of its services, eBirpay does not guarantee uninterrupted, error-free, or secure access to the platform.
    • eBirpay is not liable for delays, disruptions, or service failures caused by:
      • Scheduled or emergency maintenance.
      • Technical failures or unforeseen system outages.
      • Cyberattacks or security breaches beyond eBirpay's reasonable control.
  5. Force Majeure:
    • eBirpay is not responsible for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, government actions, or pandemics.
  6. User Responsibility:
    • Users and merchants are responsible for their actions while using eBirpay's services.
    • eBirpay assumes no liability for losses caused by user errors, including but not limited to:
      • Incorrect payment details.
      • Unauthorized account access resulting from weak or compromised passwords.
      • Failure to comply with security protocols.
  7. Applicability of Limitations:
    • The limitations and exclusions of liability under this section apply to the fullest extent permitted by applicable law.
    • Certain jurisdictions may not allow specific limitations or exclusions of liability. In such cases, eBirpay’s liability will be limited to the maximum extent allowed by the laws of that jurisdiction.

By using eBirpay Payment Gateway, users and merchants acknowledge and agree to the Limitation of Liability clause and accept the risks associated with using the platform.

17. Service Availability and Downtime

  1. No Guarantee of Uninterrupted Service:
    • eBirpay Payment Gateway strives to maintain continuous and reliable access to its services. However, eBirpay does not guarantee uninterrupted, error-free, or always-available services.
    • Users acknowledge that the platform may experience occasional disruptions due to factors beyond eBirpay’s control, including but not limited to:
      • Network failures or internet disruptions.
      • Hardware or software malfunctions.
      • Cybersecurity breaches or attacks.
      • Unforeseen technical issues.
  2. Scheduled Maintenance:
    • eBirpay may, from time to time, perform scheduled maintenance or upgrades to improve system performance, security, or reliability.
    • Users will be notified in advance of any planned maintenance, where feasible, through official communication channels such as email or dashboard alerts.
    • Scheduled maintenance may result in temporary service unavailability or limited functionality.
  3. Emergency Maintenance:
    • In the event of unexpected technical failures, cybersecurity risks, or critical vulnerabilities, eBirpay may need to perform emergency maintenance without prior notice.
    • Emergency maintenance will be conducted with minimal disruption where possible, and users will be informed as soon as practical.
  4. Liability During Downtime:
    • eBirpay shall not be held liable for any losses, damages, or financial impact resulting from service interruptions, including loss of revenue, missed opportunities, or reputational harm.
    • This limitation applies to both scheduled and unscheduled downtime.
  5. User Responsibility During Downtime:
    • Users and merchants are responsible for ensuring they have contingency plans in place to handle critical payment operations during potential service downtimes.
  6. Service Restoration:
    • eBirpay will make commercially reasonable efforts to restore services as quickly as possible following any disruption.
    • However, eBirpay does not guarantee specific timelines for resolving outages or restoring full functionality.
  7. Communication During Downtime:
    • eBirpay will provide updates regarding prolonged outages or disruptions through official communication channels, such as the website, email notifications, or social media platforms.
  8. Right to Modify or Suspend Services:
    • eBirpay reserves the right to modify, suspend, or discontinue any part of its services, temporarily or permanently, with or without notice.

By using eBirpay Payment Gateway, users acknowledge and accept the terms outlined in this Service Availability and Downtime clause and agree to the inherent risks associated with digital service platforms.

18. Termination of Services

  1. Grounds for Termination by eBirpay:
    • eBirpay reserves the right to suspend or terminate user accounts or access to services under the following circumstances:
      • Violation of Terms and Conditions: Failure to comply with these Terms and Conditions or other applicable policies.
      • Illegal or Fraudulent Activities: Evidence or suspicion of fraud, money laundering, unauthorized access, or any illegal activities.
      • Failure to Provide Required Information: Inability or refusal to provide identity verification (KYC) or other required documentation.
      • Repeated Chargebacks or Disputes: Excessive chargebacks, fraudulent claims, or unresolved customer disputes.
      • Failure to Pay Fees: Non-payment of applicable fees or charges owed to eBirpay.
      • Regulatory or Legal Obligations: Compliance with legal or regulatory requirements requiring account termination or suspension.
      • Security Threats: Actions that pose a threat to the security or integrity of the platform, its users, or systems.
  2. User Rights to Terminate Their Account:
    • Users and merchants may terminate their accounts at any time by providing written notice to eBirpay via official support channels.
    • Prior to termination, users must:
      • Clear any outstanding balances or fees owed to eBirpay.
      • Fulfill all pending obligations related to ongoing transactions or refunds.
    • Account termination requests will be processed within a reasonable time frame.
  3. Consequences of Account Termination:
    • Immediate Loss of Access: Upon termination, users will lose access to their accounts, including transaction history, dashboards, and other associated tools.
    • Outstanding Fees and Balances: Users remain responsible for settling any unpaid fees, penalties, or outstanding balances owed to eBirpay.
    • Withholding Funds: eBirpay may withhold funds for a defined period (e.g., 90 days) to cover potential refunds, chargebacks, or outstanding claims.
    • Data Retention: User data will be retained in accordance with eBirpay’s data retention policy and applicable laws.
    • Refunds and Payouts: Any remaining funds eligible for payout will be transferred to the user’s designated bank or mobile wallet account after deductions for fees or liabilities.
  4. Reactivation of Accounts:
    • In cases of account suspension, users may submit a formal appeal for account reactivation.
    • eBirpay reserves the right to approve or deny reactivation requests at its sole discretion.
  5. Effect of Termination on Legal Obligations:
    • Termination does not absolve users from any legal or regulatory obligations incurred before the termination date.
    • Users remain liable for any violations of these Terms and Conditions that occurred during their time on the platform.
  6. Notification of Termination:
    • Users will be notified of account termination or suspension via email or official communication channels.
    • eBirpay will provide reasons for termination unless restricted by law or regulatory authorities.

By using eBirpay Payment Gateway, users and merchants acknowledge and agree to the terms outlined in this Termination of Services clause and accept the consequences of account termination.

19. Indemnification

  1. User Obligation to Indemnify:
    • You agree to indemnify, defend, and hold harmless eBirpay, its affiliates, directors, officers, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with:
      • Breach of Terms: Any violation or breach of these Terms and Conditions by you or your authorized representatives.
      • Unauthorized Activities: Use of eBirpay's services for illegal, fraudulent, or prohibited activities.
      • Misrepresentation: Providing false, misleading, or inaccurate information during registration, transactions, or communications with eBirpay.
      • Violation of Third-Party Rights: Infringement of any intellectual property, privacy, or proprietary rights of third parties while using eBirpay services.
      • Regulatory Breaches: Any non-compliance with applicable laws, regulations, or financial industry standards.
  2. Notification of Claims:
    • In the event of a claim requiring indemnification, eBirpay will:
      • Promptly notify you of the claim.
      • Provide reasonable assistance, at your expense, in defending or settling the claim.
    • Failure to provide timely assistance may affect the indemnification process.
  3. Control of Defense:
    • You agree that eBirpay has the right to assume exclusive control over the defense of any indemnified claim, including settlement negotiations.
    • You may not settle any indemnified claim without eBirpay's prior written consent unless the settlement releases eBirpay from all liabilities and does not impose any obligations on eBirpay.
  4. Scope of Indemnification:
    • The indemnification obligation applies to claims made by third parties, regulatory authorities, or any party directly or indirectly affected by your actions while using eBirpay Payment Gateway.
  5. Additional Remedies:
    • In addition to indemnification, eBirpay reserves the right to seek other legal or equitable remedies in response to violations of these Terms and Conditions.

By using eBirpay Payment Gateway, you acknowledge and agree to your indemnification obligations as described in this clause. Failure to comply with these obligations may result in suspension or termination of your account, along with additional legal actions.

20. Regulatory Compliance

  1. Compliance with Financial Regulations:
    • eBirpay Payment Gateway operates in strict adherence to local Ethiopian laws, international financial regulations, and industry standards governing payment processing and financial transactions.
    • Users and merchants must comply with all applicable laws, including but not limited to:
      • Anti-Money Laundering (AML) Regulations
      • Counter-Terrorist Financing (CTF) Regulations
      • Know Your Customer (KYC) Policies
      • Data Protection and Privacy Regulations
  2. Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF):
    • eBirpay implements stringent AML and CTF policies to detect, prevent, and report suspicious activities.
    • Users and merchants must not use the platform for money laundering, terrorist financing, or other illicit financial activities.
    • Transactions flagged for suspicious activities may be investigated, delayed, or reported to regulatory authorities without prior notice to the user.
  3. Know Your Customer (KYC) Obligations:
    • Users and merchants are required to undergo KYC verification during account registration and periodically thereafter.
    • Required documents may include but are not limited to:
      • Government-issued identification (e.g., passport, national ID).
      • Proof of address (e.g., utility bills, bank statements).
      • Business registration documents (for merchants).
    • Failure to provide the necessary KYC documentation may result in account suspension or termination.
  4. Sanctions and Restricted Jurisdictions:
    • Users and merchants must not use eBirpay to process transactions involving individuals, entities, or countries listed on international sanctions lists (e.g., UN Sanctions List, OFAC).
    • eBirpay reserves the right to block, freeze, or decline transactions associated with sanctioned entities or jurisdictions.
  5. Tax Compliance:
    • Users and merchants are responsible for complying with all applicable tax laws and obligations in their respective jurisdictions.
    • eBirpay may withhold taxes where required by local or international regulations.
  6. Record Keeping:
    • eBirpay will maintain transaction records, KYC documents, and relevant compliance data for a period mandated by local and international laws.
    • These records may be shared with regulatory authorities upon legal request.
  7. Audit and Inspection:
    • Regulatory authorities or eBirpay may conduct periodic audits or inspections to ensure compliance with applicable laws and internal policies.
    • Users and merchants agree to fully cooperate during such audits.
  8. Reporting Obligations:
    • eBirpay is obligated to report suspicious transactions, fraudulent activities, or regulatory breaches to the appropriate authorities.
    • Such reporting may be conducted without prior notification to the user or merchant.
  9. Consequences of Non-Compliance:
    • Non-compliance with regulatory requirements may result in:
      • Account suspension or termination
      • Freezing of funds
      • Legal prosecution
      • Financial penalties or fines
  10. User Responsibility:
  • Users and merchants are responsible for understanding and complying with all financial and regulatory requirements applicable to their use of eBirpay Payment Gateway.
  • Users must regularly review updates to regulatory policies and cooperate with eBirpay in fulfilling compliance obligations.

By using eBirpay Payment Gateway, users and merchants agree to adhere to all regulatory compliance requirements, including AML, CTF, and KYC policies, as well as local Ethiopian and international financial laws. Failure to comply may result in severe legal and financial consequences.

21. Modification of Terms

  1. Right to Amend Terms and Conditions:
    • eBirpay reserves the right to modify, update, or amend these Terms and Conditions at any time to reflect changes in legal, regulatory, operational, or business requirements.
    • Amendments may include changes to fees, service offerings, user responsibilities, and policies governing platform use.
  2. Notice of Changes:
    • Users and merchants will be notified of significant changes to these Terms and Conditions through official communication channels, including but not limited to:
      • Email notifications.
      • Announcements on the eBirpay dashboard or website.
    • Notice of changes will be provided at least 30 days in advance, except in cases where immediate changes are required by law or regulatory authorities.
  3. User Acknowledgment and Acceptance:
    • Continued use of eBirpay Payment Gateway after the effective date of any modifications constitutes user acknowledgment and acceptance of the revised Terms and Conditions.
    • If a user or merchant disagrees with the updated terms, they must cease using the services and may request account termination before the changes take effect.
  4. Review Responsibility:
    • Users are encouraged to regularly review these Terms and Conditions to stay informed about any updates or changes.
    • Failure to review the updated terms does not exempt users from compliance with the revised conditions.
  5. Version Control:
    • Each updated version of the Terms and Conditions will include an effective date to clarify when the changes come into force.
  6. Binding Nature of Changes:
    • The revised Terms and Conditions shall be legally binding on all users and merchants as of the effective date mentioned in the updated version.

By using eBirpay Payment Gateway, users and merchants agree to adhere to this Modification of Terms clause and accept their responsibility to stay informed about updates.

22. Third-Party Services

  1. Integration with Third-Party Services:
    • eBirpay Payment Gateway may integrate with or provide access to third-party services, including but not limited to payment processors, financial institutions, fraud prevention tools, and software integrations.
    • These third-party services operate independently and are governed by their own terms, conditions, and privacy policies.
  2. No Liability for Third-Party Services:
    • eBirpay does not own, control, or guarantee the performance, availability, or reliability of any third-party services integrated into its platform.
    • eBirpay is not liable for any errors, delays, service interruptions, or damages caused by third-party service providers.
    • Users and merchants agree that reliance on third-party services is at their own risk.
  3. Merchant Responsibilities:
    • Merchants are solely responsible for ensuring that their use of third-party services complies with applicable laws, regulations, and contractual obligations.
    • Merchants must independently review and agree to the terms and conditions of any third-party services they choose to integrate with their eBirpay accounts.
    • Any disputes, claims, or issues arising from third-party services must be resolved directly between the merchant and the third-party provider.
  4. Third-Party Fees:
    • Third-party services may involve additional fees or charges not controlled by eBirpay.
    • Merchants are responsible for settling any such fees with the respective third-party service providers.
  5. Data Sharing with Third Parties:
    • To facilitate certain transactions or services, eBirpay may share necessary user or merchant data with third-party providers, in compliance with privacy laws and regulations.
    • Users and merchants consent to such data-sharing practices as part of using the platform.
  6. Termination of Third-Party Access:
    • eBirpay reserves the right to suspend, restrict, or terminate access to any third-party service integrated into its platform if:
      • The third-party service violates applicable laws or regulations.
      • There are technical or operational risks posed by continued integration.
      • The third-party service no longer meets eBirpay’s standards for security and reliability.
  7. User Acknowledgment:
    • Users and merchants acknowledge that eBirpay acts solely as an intermediary for third-party integrations and is not responsible for the performance or obligations of these third-party services.
    • Continued use of such integrations implies acceptance of the associated risks and responsibilities.

By using eBirpay Payment Gateway, users and merchants agree to the terms outlined in this Third-Party Services clause and understand that eBirpay holds no liability for third-party service performance, reliability, or compliance.

23. Dispute Resolution

  1. Governing Law:
    • These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Ethiopia, without regard to conflict of law principles.
    • Any disputes arising out of or in connection with these terms shall be resolved under the jurisdiction of competent courts in Ethiopia, unless otherwise specified in a written agreement.
  2. Amicable Resolution:
    • In the event of a dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the parties agree to first attempt to resolve the dispute amicably through good-faith negotiations.
    • A written notice of the dispute must be sent to the other party, detailing the nature of the issue and proposed solutions.
  3. Mediation:
    • If the dispute cannot be resolved amicably within 30 days of written notice, the parties may agree to refer the dispute to mediation.
    • Mediation will be conducted in accordance with the rules of a recognized mediation institution or as mutually agreed upon by both parties.
  4. Arbitration:
    • If mediation fails or is not pursued, the dispute shall be referred to binding arbitration in accordance with the rules of an internationally recognized arbitration body (e.g., UNCITRAL Arbitration Rules) or an Ethiopian arbitration authority.
    • The arbitration proceedings shall:
      • Take place in Ethiopia.
      • Be conducted in the English language.
      • Be presided over by a single arbitrator appointed jointly by both parties.
    • The arbitrator's decision shall be final and binding, and judgment upon the award rendered may be entered in any court with jurisdiction.
  5. Court Proceedings:
    • If arbitration is not pursued or fails to resolve the dispute, the parties agree to submit to the exclusive jurisdiction of the competent courts of Ethiopia.
  6. Legal Costs and Fees:
    • Each party shall bear its own legal costs, attorney fees, and expenses incurred during the dispute resolution process unless otherwise determined by the arbitrator or court.
  7. Continued Performance:
    • During the dispute resolution process, both parties agree to continue performing their respective obligations under these Terms and Conditions, unless doing so would be impossible due to the nature of the dispute.
  8. Waiver of Class Actions:
    • Users and merchants agree that any dispute resolution will be conducted on an individual basis only and not as part of any class, consolidated, or representative action.
  9. Time Limitation for Claims:
    • Any claims arising from these Terms and Conditions must be filed within 12 months from the date the cause of action arose. Failure to do so will result in the claim being permanently barred.

By using eBirpay Payment Gateway, users and merchants agree to the Dispute Resolution process outlined above and waive any objections to the venue or jurisdiction of the selected dispute resolution forums.

24. Force Majeure

  1. Definition of Force Majeure:
    • Force Majeure refers to unforeseen events or circumstances beyond the reasonable control of eBirpay, including but not limited to:
      • Natural disasters (e.g., floods, earthquakes, hurricanes).
      • Acts of war, terrorism, or armed conflict.
      • Civil unrest, riots, or government-imposed lockdowns.
      • Pandemics, epidemics, or public health emergencies.
      • Cyberattacks, hacking, or malicious digital disruptions.
      • Power failures, telecommunications breakdowns, or significant internet outages.
      • Government actions, sanctions, or regulatory changes.
      • Labor strikes or industrial actions affecting eBirpay’s operations.
  2. Exclusion of Liability:
    • eBirpay shall not be held liable or responsible for any failure or delay in performing its obligations under these Terms and Conditions due to a Force Majeure event.
    • This exclusion applies to any direct, indirect, incidental, or consequential damages resulting from the inability to provide services during such events.
  3. Notification of Force Majeure:
    • In the event of a Force Majeure occurrence, eBirpay will:
      • Notify users and merchants of the event as soon as reasonably possible.
      • Provide updates on the expected duration of the disruption and the steps being taken to mitigate its impact.
  4. Obligations During Force Majeure:
    • Both eBirpay and its users are expected to take reasonable steps to minimize the effects of the Force Majeure event.
    • If the event continues for more than 30 consecutive days, either party may choose to terminate the affected services or agreement without penalty.
  5. Resumption of Services:
    • eBirpay will make every reasonable effort to resume normal operations as soon as the Force Majeure event concludes.
    • Any timelines for obligations or service delivery affected by the Force Majeure event will be reasonably extended.
  6. No Waiver of Payment Obligations:
    • Users and merchants remain responsible for outstanding fees or financial obligations incurred before the occurrence of the Force Majeure event.
  7. Limitation of Claims:
    • Users and merchants agree that eBirpay shall not be liable for any losses, damages, or claims arising from its inability to perform its obligations due to a Force Majeure event.

By using eBirpay Payment Gateway, users and merchants acknowledge and agree to the Force Majeure clause, accepting that eBirpay is not responsible for failures or delays caused by events beyond its control.

25. Disclaimer of Warranties

  1. No Guarantee of Uninterrupted Service:
    • eBirpay Payment Gateway is provided on an "as is" and "as available" basis.
    • eBirpay does not guarantee uninterrupted, timely, secure, or error-free access to its services.
    • Users acknowledge that service disruptions, technical errors, maintenance activities, or factors beyond eBirpay's control may occasionally impact platform availability.
  2. No Warranty of Error-Free Operation:
    • While eBirpay strives to ensure the accuracy, reliability, and performance of its services, it does not warrant that:
      • The platform will always function without defects, errors, or security vulnerabilities.
      • Issues or errors will be corrected promptly.
      • The platform will be free from viruses, malware, or harmful components.
  3. Fitness for a Particular Purpose:
    • eBirpay makes no representations or warranties that the services provided will meet specific user requirements, business objectives, or desired outcomes.
    • Users and merchants acknowledge that their reliance on the platform is at their own risk, and eBirpay cannot guarantee specific results from the use of its services.
  4. No Warranty for Third-Party Services:
    • eBirpay does not warrant the performance, reliability, or security of any third-party services integrated with the platform, including payment processors, financial institutions, or software tools.
    • Users assume full responsibility for their reliance on such third-party services.
  5. Limitation on Guarantees:
    • eBirpay does not guarantee:
      • Continuous platform access in every region or jurisdiction.
      • Compatibility with all devices, browsers, or third-party applications.
      • That user data will never be subject to unauthorized access, hacking, or data breaches despite robust security measures.
  6. User Responsibility:
    • Users are solely responsible for:
      • Ensuring their systems meet the necessary technical requirements to access eBirpay services.
      • Implementing additional security measures on their devices and networks.
      • Verifying transaction details before initiating payments.
  7. No Oral or Written Information as Warranty:
    • Any advice, suggestions, or information provided by eBirpay, its representatives, or support channels—whether oral or written—shall not constitute a warranty unless explicitly stated in writing.
  8. Applicable Laws:
    • Some jurisdictions may not allow the exclusion of certain warranties. In such cases, eBirpay's liability and warranty obligations will be limited to the maximum extent permitted by applicable law.

By using eBirpay Payment Gateway, users and merchants expressly acknowledge and agree to this Disclaimer of Warranties and understand that their use of the platform is entirely at their own risk.

26. Contact Information

For any inquiries, support requests, complaints, or legal matters related to eBirpay Payment Gateway, users and merchants can reach us through the following official channels:

  • Company Name: Matrix Resources Limited
  • Product Name: eBirpay Payment Gateway
  • 📍 Physical Address: South C Rangers Court, Nairobi, Kenya
  • 📬 Postal Address: P.O. Box 26888 - 00504
  • 📞 Phone: +254 725 991688
  • 📱 Mobile: +254 724 461535
  • ✉️ Email: absalaha2010@gmail.com
  • 🌐 Website: www.ebirpay.com

Support Hours:

  • Monday to Friday: 8:00 AM – 6:00 PM (EAT)
  • Saturday: 9:00 AM – 1:00 PM (EAT)
  • Closed on Sundays and Public Holidays

For customer support or technical assistance, users are encouraged to contact us via email or phone. Legal correspondence or official notices should be addressed to the postal address or sent via email to the specified address.

We value your feedback and are committed to addressing your concerns in a timely and professional manner.

27. Entire Agreement

  1. Comprehensive Agreement:
    • These Terms and Conditions, along with any referenced policies, guidelines, or agreements explicitly incorporated herein (such as the Privacy Policy), constitute the entire agreement between eBirpay and the user or merchant regarding the use of the eBirpay Payment Gateway.
  2. Supersession of Prior Agreements:
    • This agreement supersedes and replaces all previous agreements, understandings, representations, warranties, or discussions (whether written or oral) between eBirpay and the user concerning the services provided by eBirpay Payment Gateway.
  3. No Reliance on External Representations:
    • Users acknowledge that they have not relied on any statements, promises, or representations made by eBirpay or its representatives that are not explicitly set forth in these Terms and Conditions.
  4. Amendments and Modifications:
    • Any changes or modifications to this agreement must be made in writing and formally communicated through official eBirpay channels to be considered valid.
  5. Severability:
    • If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  6. Waiver:
    • The failure of eBirpay to enforce any provision of these Terms and Conditions shall not be construed as a waiver of its right to enforce such provisions in the future.

By using eBirpay Payment Gateway, users and merchants acknowledge that these Terms and Conditions represent the entire understanding and agreement between them and eBirpay and agree to abide by all the terms stated herein.

28. Severability

  1. Validity of Provisions:
    • If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or regulatory authority, that provision shall be severed from this agreement.
  2. No Impact on Remaining Provisions:
    • The invalidity, illegality, or unenforceability of one clause shall not affect the validity, enforceability, or performance of the remaining provisions of these Terms and Conditions.
    • All other clauses shall remain in full force and effect and continue to be legally binding.
  3. Modification of Invalid Provisions:
    • In the event a provision is deemed unenforceable, the parties agree to negotiate in good faith to replace the invalid provision with a valid and enforceable one that reflects the original intent of the parties as closely as possible.
  4. Jurisdictional Adaptation:
    • If certain provisions are invalid in one jurisdiction but valid in another, those provisions will remain enforceable in jurisdictions where they are legally permissible.

By using eBirpay Payment Gateway, users and merchants agree that any invalidity or unenforceability of a provision will not undermine the integrity of the remaining terms and accept the principles outlined in this Severability clause.

29. Waiver

  1. No Waiver of Rights:
    • Failure, delay, or omission by eBirpay to enforce any provision of these Terms and Conditions, or to exercise any right, remedy, or privilege under this agreement, shall not be construed as a waiver of such provision, right, remedy, or privilege.
  2. Written Waiver Requirement:
    • Any waiver of a specific term or condition must be expressly stated in writing and signed by an authorized representative of eBirpay to be considered valid.
    • A verbal or implied waiver shall have no legal effect.
  3. Limited Scope of Waiver:
    • A waiver of any one breach or default shall not be considered a waiver of any subsequent or continuing breach or default of the same or different nature.
  4. Preservation of Rights:
    • The rights and remedies of eBirpay under these Terms and Conditions remain cumulative and are not exclusive of any other rights or remedies provided by law or equity.

By using eBirpay Payment Gateway, users and merchants acknowledge and agree that eBirpay's failure to enforce any part of these Terms and Conditions shall not constitute a waiver of its rights to enforce the same or other provisions in the future.

30. Language

  1. Governing Language:
    • These Terms and Conditions are written in English and shall be interpreted and enforced exclusively in the English language.
  2. Language Precedence:
    • In the event of any discrepancy, inconsistency, or conflict between the English version of these Terms and Conditions and any translated version, the English version shall prevail and be considered the authoritative version.
  3. Communication Language:
    • All official communications, notices, support requests, and correspondence between eBirpay and its users or merchants shall be conducted in English, unless otherwise explicitly agreed in writing by both parties.
  4. User Responsibility:
    • Users and merchants acknowledge and confirm that they fully understand the English language and are capable of comprehending these Terms and Conditions without the need for external interpretation.

By using eBirpay Payment Gateway, users and merchants agree that the English language governs these Terms and Conditions and all related communications.

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