Last revised
on September 16th, 2024
Starting September 16, 2024, XXX (referred to as "the Company," "we,"
"us," or "our"), is committed to delivering services to
users globally. This document defines the Terms of Use for the services and
software that we offer to you, our user.
You are now visiting https://ci.e-payhub.net/. These Terms of Use (referred to as the "Agreement") establish the terms between you—whether you are a user, customer, or agent—and XXX (the "Company").
1. Acceptance of Terms of Use Agreement.
By setting up an account on our official site—whether
through a mobile device, application, or computer (referred to collectively as
the "Service")—you acknowledge and agree to (i) these Terms of Use
(known as the "Agreement"), (ii) our Privacy Policy, which is
included as part of this Agreement, and (iii) any additional terms related to
purchases of extra features, products, or services available through the
Service (collectively known as the "Agreement"). If you do not agree
with all terms stated in this Agreement, please avoid using the Service.
We have the right to alter this Agreement and the Service periodically for various reasons, such as legal compliance, introduction of new features, or updates to our business practices. The latest version of this Agreement will be available on our official website at https://ci.e-payhub.net/ in the designated area on the homepage. We recommend that you review it regularly. The most recent version will always be the governing version. If changes significantly impact your rights or responsibilities, we will provide you with at least 30 days' notice (unless otherwise required by law) through reasonable means, such as within the Service or via email. Your continued use of the Service after the changes become effective implies your acceptance of the updated Agreement.
2. Eligibility.
You may not create an account, access, or utilize the Service and its associated systems unless you satisfy these requirements: you must be at least 18 years of age, legally capable of forming a binding contract with https://ci.e-payhub.net/, and not barred from using our services by the laws of Côte d'Ivoire or any other pertinent jurisdiction. Furthermore, you must adhere to this Agreement and comply with all relevant local, regional, national, and international legal requirements and regulations.
3. Your Account.
To access and use the services provided by the Company on
our official site, available at https://ci.e-payhub.net/,
you may log in using the various methods offered on the site. For comprehensive
details about the data we collect and its usage, please consult our Privacy
Policy.
You are responsible for maintaining the confidentiality of your login credentials and are fully accountable for any activities conducted under your account. If you believe your account has been compromised, please notify us promptly through the official website or by emailing us at [email protected].
4. Modifying the Service and Termination.
The Company is devoted to continuously improving the Service by introducing new features and refining existing ones. As a result, we might periodically add or remove functionalities. If these modifications do not significantly alter your rights or duties, we may not provide advance notice. If a temporary suspension of the Service is necessary, we will notify you in advance unless immediate safety or security concerns prevent us from doing so.
To deactivate your account, follow the instructions provided under "Settings" within the Service. There are additional options available for account cancellation. If your payments are processed through a third-party service such as the Apple App Store or Google Play Store, please manage any in-app transactions through that service to avoid incurring further charges. The Company reserves the right to terminate your account at any time without prior notice if it determines you have violated this Agreement. No refunds will be given for any purchases made if your account is terminated.
After your account is deactivated, this Agreement will end, except for Sections 4, 5, and 12 through 19, which will remain in effect for both you and the Company.
5. Safety; Your Interactions with Other Members.
The Company is committed to maintaining a respectful environment through features like double opt-in, which ensures that communication occurs only with mutual consent. However, we are not responsible for the actions of any member, whether within or outside the Service. Please exercise caution when interacting with other members, especially if you choose to engage with them outside the Service or meet in person. Additionally, you are required to review and comply with the Company’s Privacy Policy prior to using the Service. You must not share sensitive financial information, such as credit card or bank account details, or transfer money to other members.
You are fully accountable for your interactions with other members. The Company does not conduct background checks or vet the personal histories of its members. We do not provide any assurances or guarantees regarding the behavior or suitability of members.
6. Rights that
the Company Grants You.
The Company provides you with a personal, global, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and utilize the Service. This license is granted solely for the purpose of benefiting from the Service as intended by the Company and outlined in this Agreement. It will be automatically revoked if you engage in any of the following activities:
(i) Commercial Use: You may not use the Service or its content for commercial purposes without obtaining written permission from the Company. Additionally, copying, altering, transmitting, creating derivative works from, or reproducing any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property accessible through the Service without prior written consent from the Company is prohibited.
(ii) Misrepresentation and Automated Tools: Do not imply that any statements you make are endorsed by the Company. The use of automated tools such as robots, bots, spiders, crawlers, scrapers, or similar methods to access, retrieve, index, or reproduce the Service or its content is not allowed. Moreover, using the Service in a way that disrupts or negatively impacts its operation or the associated servers and networks is forbidden.
(iii) Malware and Manipulation: Uploading viruses or malicious code that compromises the Service's security is strictly prohibited. You must not forge headers, alter identifiers to obscure the origin of information transmitted through the Service, or frame or mirror any part of the Service without the Company’s prior written authorization. Additionally, using meta tags or code referencing the Company or Service to redirect users to other websites is not permitted.
(iv) Modification and Unauthorized Use: Modifying, adapting, sublicensing, translating, selling, reverse engineering, or disassembling any part of the Service, or enabling others to do so, is not allowed. Developing or using third-party applications that interact with the Service or other members' content without written consent from the Company is prohibited, as is accessing or publishing the Company’s application programming interface without permission. Probing, scanning, or testing the Service or network for vulnerabilities, as well as promoting activities that violate this Agreement, is not allowed.
The Company reserves the right to investigate and take legal action in response to any illegal or unauthorized use of the Service, which may include terminating your account. Any software provided by us may automatically download and install updates, upgrades, or new features; however, you may adjust these automatic updates through your device settings.
7. Rights you Grant to the Company.
By setting up an account, you grant the Company a global,
transferable, sub-licensable, royalty-free license to manage, host, store,
utilize, copy, display, reproduce, adapt, edit, publish, and distribute the
information you permit us to access from third parties, as well as any content
you upload, post, or otherwise share on the Service (collectively referred to
as "Content"). This license is non-exclusive, except in the case of
derivative works created via the Service, where the Company holds exclusive
rights. For instance, the Company will exclusively control screenshots of the
Service that include your Content. To prevent misuse of your Content beyond the
Service, you authorize the Company to act on your behalf to address
unauthorized use by other members or third parties. This authorization includes
sending notifications as per local regulations in Côte d'Ivoire and considering
the relevant laws of your place of incorporation (if you are a legal entity) or
registration (if you are an individual) if your Content is misused by others.
Our use of your Content is governed by applicable laws, including data
protection laws, and is limited to operating, developing, providing, and improving
the Service, as well as researching new services. You understand that your
Content may be visible to other members and visitors of the Service, including
those who receive shared Content from others.
You confirm that all information provided during account
creation, including details submitted throughout the setup process, is accurate
and truthful. You affirm that you have the rights to post your Content on the
Service and to grant the aforementioned license to the Company.
You agree that we may monitor or review any Content you
post on the Service. We reserve the right to remove any Content, in whole or in
part, if we believe it violates this Agreement or could damage the Service’s
reputation.
When engaging with our customer support team, you agree to
be polite and respectful. If your conduct towards our customer service
representatives or employees is deemed threatening, abusive, or offensive, we
reserve the right to immediately terminate your account.
As you use the Service, you consent to the display of
advertisements by us, our affiliates, and third-party partners. By offering
feedback or suggestions about our Service, you agree that the Company may
utilize and share this feedback as it sees fit without compensation.
Please note that the Company may access, store, and disclose your account information and Content as legally required, to fulfill our obligations, or if necessary to protect legitimate interests. This includes, but is not limited to, complying with legal processes, enforcing this Agreement, addressing claims of Content infringement, responding to customer service needs, or safeguarding the Company’s or others’ rights, property, or safety.
8. Community Rules.
By accessing and using the Service, you agree not to engage
in any activities that are illegal or violate this Agreement. You must not use
the Service for harmful or malicious purposes or in any way that could damage
the Company. Compliance with our Terms of Use and Privacy Policy, which may be
updated from time to time, is required.
You are prohibited from sending unsolicited messages,
soliciting funds from, or deceiving other members. Impersonation of individuals
or entities, or sharing images of others without their consent, is strictly
forbidden. Additionally, you must not engage in bullying, stalking,
intimidation, harassment, or defamation. Posting Content that infringes on
others' rights, including privacy, copyright, trademark, or other intellectual
property rights, is not allowed.
Content that includes hate speech, threats, sexually
explicit material, or pornography is banned. You must also refrain from posting
Content that promotes violence or features nudity or graphic violence.
Promoting racism, bigotry, hatred, or physical harm towards any individual or
group is unacceptable.
You are not allowed to solicit passwords or personal
information from other members for any commercial or unlawful purposes, nor to
disclose another person’s personal information without their consent. Sharing
accounts, using someone else’s account, or maintaining multiple accounts is
prohibited. If your account is terminated, creating a new account without our
authorization is not permitted.
The Company has the right to investigate and potentially terminate your account without refunding any purchases if you breach this Agreement, misuse the Service, or engage in behavior that the Company deems inappropriate or unlawful. This applies to conduct both on and off the Service. Violating these terms or our Privacy Policy will result in the immediate cancellation of your access to the Service.
9. Other Members' Content.
The Company retains the authority to examine and remove any Content that violates this Agreement; however, the responsibility for such Content rests solely with the member who posted it. We cannot guarantee that all Content will comply with this Agreement. If you come across Content on the Service that you suspect does not adhere to this Agreement, please report it using the reporting tools available within the Service or via our contact form on our official website at https://ci.e-payhub.net/.
10. Purchases.
General Information: The Company may occasionally provide opportunities to purchase
products and services within the app ("in-app purchases") through
platforms such as the App Store, Google Play Store, carrier billing, the
Company’s direct billing system, or other approved payment channels. When
making an in-app purchase, you must confirm the transaction with the respective
payment provider. Your selected payment method, whether it is a credit card or
a third-party account like Google Play or the App Store (referred to as your
"Payment Method"), will be charged the specified amount for the
chosen service(s), along with any applicable taxes or fees. By completing the
transaction, you authorize the Company or the third-party provider to handle
this charge.
Refund Policy: All digital purchases made through our website are final and cannot be refunded. If a user breaches the Terms of Use, our policies, or any applicable laws, their account may be suspended, and any pending transactions will be canceled without a refund. Fees and transaction charges that have been incurred are non-refundable, and users cannot claim reimbursement from e-payhub for these amounts. Refunds are only available in situations where technical issues with the service or mistakes on our part prevent the user from receiving the product. To request a refund, users must contact us via the provided email address within 14 days of the transaction. Refund requests will only be processed if the user is at least 18 years old and will be issued using the same payment method used for the original purchase.
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you think your work has been copied and displayed on the
Service in a way that infringes on your copyright, please file a takedown
request using the form provided.
When reporting a potential copyright infringement, you
should include an electronic or physical signature from the person authorized
to act on behalf of the copyright owner. Describe the copyrighted material you
believe has been infringed and indicate its location on the Service. Make sure
your description is detailed enough to help us find the suspected infringing
content. Include your contact details, such as your address, phone number, and
email address, as well as the name of the copyright owner. Additionally,
provide a statement confirming that you sincerely believe the use of the
material is not permitted by the copyright owner, their agent, or the law.
Finally, include a statement under penalty of perjury verifying that the
information in your notice is correct and that you are either the copyright
owner or authorized to represent their interests.
The Company will act to suspend or terminate the accounts of users who repeatedly engage in copyright infringement.
12. Disclaimers.
The Company delivers the Service on an "as is" and "as available" basis. To the maximum extent permitted by law, the Company makes no representations or warranties, either expressed or implied, statutory or otherwise, concerning the Service and its content. This includes, but is not limited to, any implied warranties of quality, merchantability, suitability for a particular purpose, or non-infringement. The Company does not promise that (a) the Service will operate without interruption, be secure, or be free from errors; (b) any issues or faults within the Service will be corrected; or (c) the accuracy of any content or information obtained through the Service can be guaranteed.
The Company is not liable for any content that you, other users, or third parties might post, send, or receive through the Service. Any materials downloaded or accessed via the Service are done so at your own risk and discretion.
13. Third Party Services.
The Service might feature advertisements and promotions from external parties, as well as links to other websites or resources. The Company does not take responsibility for the availability or accessibility of these external sites or resources. Should you choose to interact with third parties linked through our Service, their terms and conditions will apply to those interactions. The Company disclaims any liability for the terms, actions, or conduct of these third parties.
14. Limitation of Liability.
To the fullest extent allowed by law, neither the Company nor its affiliates, employees, licensors, or service providers will be responsible for any indirect, consequential, special, incidental, exemplary, punitive, or enhanced damages. This encompasses, but is not limited to, loss of profits (whether direct or indirect), or any loss of data, use, goodwill, or other intangible losses resulting from: (i) your ability or inability to access or use the Service; (ii) the actions or content of other users or third parties in connection with the Service; or (iii) unauthorized access to, use of, or alteration of your content, even if the Company has been advised of the potential for such damages.
Be aware that certain jurisdictions may prohibit the exclusion or limitation of specific types of damages, which means that the exclusions and limitations described in this section might not be applicable in your case.
15. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for members in Cote D'Ivoire and other jurisdictions where applicable law prohibits:
1. Any disputes or claims arising from or connected to this Agreement (including alleged breaches) or the Service must be settled through BINDING ARBITRATION managed by JAMS, according to the JAMS Streamlined Arbitration Rules & Procedures, with adjustments specified in our Arbitration Procedures. The sole exception is that either party may file an individual claim in a small claims court with proper jurisdiction. If arbitration is initiated, the opposing party may request that the matter be transferred to a small claims court if it falls under its jurisdiction. If this request is made before an arbitrator is appointed, the arbitration will be administratively closed. If the request is made after an arbitrator is appointed, the arbitrator will decide whether to continue with arbitration or to move the case to small claims court. Arbitration will generally proceed based on written submissions unless either party opts for an oral hearing. Regardless of the forum, you agree not to initiate, continue, or participate in any class action, class arbitration, or representative action against the Company.
2. By using the Service, you agree to this arbitration clause, meaning YOU WAIVE YOUR RIGHT TO TAKE LEGAL ACTION IN COURT to resolve any claims against the Company (except for matters in small claims court). YOU ALSO WAIVE YOUR RIGHT TO BE PART OF ANY CLASS ACTION OR SIMILAR PROCEEDING. If you bring a claim against the Company outside of small claims court (and the Company does not request it be moved to small claims court), a NEUTRAL ARBITRATOR—rather than a judge or jury—will handle the dispute. The arbitrator has the power to award similar relief as a court could provide and can conduct hearings and review evidence. Arbitration is usually more efficient and straightforward compared to court trials. Arbitration decisions can be enforced in court but can only be overturned under very specific conditions. For additional details about the arbitration process, consult our Arbitration Procedures.
3. Any efforts to enforce this arbitration agreement, including attempts to confirm, alter, or overturn an arbitration award, may be taken to any court with appropriate authority. If this arbitration agreement is found to be unenforceable, any legal action against the Company (other than small claims matters) must be pursued in federal or state courts located in Cote D'Ivoire. You irrevocably agree to the jurisdiction of these courts for such disputes.
16. Governing Law.
For users, clients, or representatives located in Cote D'Ivoire or in areas where our arbitration agreement is not legally permissible, any disputes arising from or related to this Agreement or the Service will be governed by the laws of Cote D'Ivoire, excluding its conflict of laws rules. All such disputes must be exclusively resolved by the courts located in Cote D'Ivoire, which will have jurisdiction over both individuals and businesses.
17. Venue.
Except for members residing in the EU or European Economic Area, who may pursue claims in their country of residence as permitted by applicable laws, and except for claims that fall under the jurisdiction of a small claims court, all other disputes related to this Agreement, the Service, or your relationship with the Company, which are not subject to arbitration, must be exclusively adjudicated in the courts of Cote D'Ivoire. Both you and the Company agree to the jurisdiction of these courts and waive any claims that such courts are an inconvenient or inappropriate forum.
18. Indemnity by You.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold the Company, its affiliates, and their officers, directors, agents, and employees harmless from any and all claims, complaints, demands, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising from or related to your use of the Service, your Content, or any violation of this Agreement.
19. Entire Agreement; Other.
This Agreement, which includes these Terms of Use, our
Privacy Policy, and any additional terms agreed upon when purchasing features,
products, or services through the Service, represents the complete
understanding between you and the Company regarding your use of the Service. If
any part of this Agreement is found to be invalid, the remaining terms will
remain in effect. The Company’s failure to enforce any right or term under this
Agreement does not constitute a waiver of that right or term. Your account on
the Company’s official website is non-transferable, and all rights associated
with your account and its Content end upon your death. This Agreement does not
establish any agency, partnership, joint venture, fiduciary, or special relationship,
nor does it authorize you to represent or bind the Company in any manner.