ePAY - Terms and Conditions

The ePAY Caribbean terms and conditions will be effective for all users as of June 01, 2020.

These terms and conditions are between you and ePAY Caribbean and govern your use of your ePAY Caribbean account(s) and ePAY services related to that account(s). The term "Digital Value" in these terms and conditions will be used to refer to purchased funds made available through an ePAY Caribbean account.

These terms and conditions apply to XCD Digital Values only. You must be an individual and resident of Dominica or one of the Organization of Eastern Caribbean States (OECS) using the XCD dollar and at least 18 years old, or the age of majority in your country of residence to hold XCD Digital Value and use ePAY Caribbean's services. If you are a business, the business must be organized in, operating in, or a resident of the Commonwealth of Dominica or member of the OECS to hold XCD Digital Value and use ePAY Caribbean's services.

By opening an ePAY Caribbean account and using Digital Value via ePAY Caribbean's services, you agree to comply with all aspects of these terms and conditions. These terms and conditions include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies:

ePAY Caribbean Account User Agreement
Privacy Statement
Acceptable Use Policy
Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

Read carefully all of these terms and conditions and each of the other agreements and policies that apply to you.

We may revise these terms and conditions and any of the other agreements and policies listed above from time to time. The revised version will be effective at the time we post it unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide you at least 21 days advance notice.

By continuing to use our services after any changes to these terms and conditions, you agree to abide and be bound by those changes. If you do not agree with any changes to these terms and conditions, you may covert your Digital Value back to cash dollar for dollar.

Holding Digital Value

If you hold digital value, you will be able to hold a balance, and use this balance to send and receive digital value, buy things online using mobile devices or in stores, and make payments, among other benefits. You can only hold digital value if you have a personal ePAY Caribbean account in good standing, and you can only use your digital value by accessing it through your personal ePAY Caribbean account. We will automatically link your digital value to your personal ePAY Caribbean account.

Your login credentials for your personal ePAY Caribbean account act as the credentials to access your digital value.

Before you can hold digital value, we must verify or have previously verified the required identifying information that you provide to us. The required identifying information is:

name
physical address
date of birth
taxpayer identification number.

You are responsible for maintaining adequate security and control of all IDs, passwords, personal identification numbers, or any other codes that you use to access your digital value using ePAY Caribbean services. You must keep your mailing address, email address, and other current contact info in your ePAY Caribbean profile.

Termination of use of your Digital Value

You can terminate the use of your digital value without closing your personal ePAY Caribbean account, but you cannot close your personal ePAY Caribbean account without terminating access to your digital value.

Closing a personal ePAY Caribbean account will result in ePAY Caribbean automatically ending access to your digital value. You can terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your digital value and personal ePAY Caribbean account even after those accounts are closed. You must withdraw or transfer any funds held as digital value before closing the account.

In certain cases, you may not close your ePAY Caribbean account, including:

To evade an investigation.
If you have a pending transaction using your digital value as the payment method or an open dispute or claim related to your digital value
If your personal ePAY Caribbean account has a negative balance
If your digital value is subject to a hold or limitation

Available Features of Digital Values

As described in more detail below, here are some of the things you can do with an ePAY Caribbean account:

Receive Digital Value
Hold Digital Value
Withdraw digital value from your ePAY Caribbean account to a bank account linked to your personal ePAY Caribbean account;
Transfer digital value for purchases of goods and services; and
Send digital value to friends and family.
Make in-store purchases using the ePAY Caribbean mobile app from participating merchants
Load digital value into and withdraw digital value from your ePAY Caribbean account at participating retail stores and Agents throughout the OECS

Receiving Digital Value

You may purchase digital value from any bank account linked to your personal ePAY Caribbean account by requesting an electronic transfer from your bank account. If you have an ePAY Caribbean account, you can purchase digital value at certain retail stores and authorized agents.

If you hold an ePAY Caribbean Account, digital value sent by someone else to your personal ePAY Caribbean account will automatically be transferred into your ePAY Caribbean Account.

Holding Digital Value

Any digital value in your ePAY Caribbean Account represents an unsecured claim against ePAY Caribbean. The digital value held in an ePAY Caribbean account is not insured.

Digital value represents the delivery of the good purchased from ePAY Caribbean and the ability to use the services on the ePAY Caribbean Platform. Should the services be not performed on the platform by either the user or ePAY Caribbean, the user can request a refund of the digital value purchased. This will be facilitated at no cost and equal value of the digital value held in the user ePAY Caribbean Account.

Refund of Digital Value

Any Balance of digital value held in an ePAY Caribbean Account is refundable and can be refunded at any authorized retailer or Agent by users. All users can request refund settlement of all digital value directly to their bank account linked to their ePAY Caribbean Account.

Refund Settlement via a standard transfer to a bank account linked to your personal ePAY Caribbean account is free,
Refunding via an Instant Teller at an Agent or Retail Store are subject to the fees applicable to such refunds and that can be found on the ePAY Caribbean Long Form Disclosures and that will be disclosed to you in advance each time you initiate such withdrawal, or
Requesting a check from us (subject to a non-refundable fee of $1.50, which will be deducted from the amount of the withdrawal)

To protect our users and us from loss, we may delay a refund in certain situations, including if we need to confirm that you have authorized the refund, or if other payments in digital value have been subject to a reversal (for example, as a result of a charge back, or dispute by a seller or Utility Payment).

If we place a limitation on your personal ePAY Caribbean account, a payment is subject to a hold, or your digital value or an associated account has a negative balance while a refund from your digital value is pending, you will have to re-initiate the refund once the limitation or hold has been lifted, or negative balance is fully paid.

We may set limits on your refunds, and you can view any refund limit by logging into your personal ePAY Caribbean account.

We don't charge a fee to make a standard transfer of refunds from your digital value to your bank using your personal ePAY Caribbean account. If your debit card or bank account linked to your personal ePAY Caribbean account is eligible to receive Instant Transfer withdrawals for digital value, you will be provided with the option to use it when you transfer refunds out of your account. This is subject to the fees applicable to such transfers that can be found on the ePAY Caribbean Long Form Disclosures, and that will be disclosed to you in advance each time you initiate such a transfer.

If you request a paper check from us, you must cash it within 180 days of the date of issuance, or we will return the funds to digital value and retain the non-refundable fee of $1.50. We will not send a check to a post office box, and we will only send a check to an address once we have confirmed that it belongs to you.

Fee Information and Regulatory Disclosures

For the ePAY Caribbean account, you can find a list of all fees on the ePAY Caribbean Long Form Disclosure.

Account Statements and Requesting Account Records

You have the right to receive an account statement showing your digital value activity. You may view your digital value statement by logging into your personal ePAY Caribbean account.

Sending Digital Value and Buying

Sending Digital Value to a Friend or Family Member:

You can use your digital value as the funding source to send digital value to a friend or family member using the 'send value' feature in your linked personal ePAY Caribbean account (sometimes called "personal payments" or "peer-to-peer/P2P payments").

We may, at our discretion, impose limits on the amount of value you can send, including value you send for purchases. You can view your sending limit by logging into your personal ePAY Caribbean account.

When you send value to a friend or family member who has an ePAY Caribbean account, they receive the value automatically less any fees charged for the service. The fees applicable for sending value can be found on the ePAY Caribbean Long Form Disclosure and will be disclosed to you in advance each time you initiate a transaction to send value to a friend or family member.

Buying Something From, or Returning Something to, a Seller Who Accepts ePAY Caribbean Using Your Digital Value

You can buy something from a seller who accepts ePAY Caribbean using the balance in your personal ePAY Caribbean account. This includes, for example:

Buying something at an online retailer's website and selecting ePAY Caribbean balance as your payment method at checkout.
Sending money to a seller for goods or services and selecting ePAY Caribbean balance as your payment method.
Using your personal ePAY Caribbean account and selecting ePAY Caribbean balance as your payment method to buy something at a seller's physical store.
When you buy something from a seller who accepts ePAY Caribbean you don't pay a fee to ePAY Caribbean.

Payment review

When ePAY Caribbean identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, ePAY Caribbean will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we don't clear the transaction, we will cancel it and return the value to you, unless we are legally required to take other action.

Refunds

When you buy something from a seller online using your digital value linked to your personal ePAY Caribbean account as the funding source and the transaction is ultimately refunded, the digital value will be refunded to your ePAY Caribbean Account. For purchases you make in a seller's store location that you paid for using your personal ePAY Caribbean account and the transaction is ultimately refunded, the value will be refunded to your ePAY Caribbean Account.

Restricted Activities and Holds

Restricted Activities

In connection with your use of our websites, your digital value, ePAY Caribbean services, or in the course of your interactions with ePAY Caribbean, other ePAY Caribbean customers, or third parties, you must not:

Breach these terms and conditions, the ePAY Caribbean Account User Agreement for your personal ePAY Caribbean account, the ePAY Caribbean Acceptable Use Policy, the Commercial Entity Agreements (if they apply to you), or any other agreement between you and ePAY Caribbean;
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Infringe upon ePAY Caribbean's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
Sell counterfeit goods;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially fraudulent value;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Attempt to double dip during the course of a dispute by receiving or attempting to receive value from both ePAY Caribbean and the seller, bank or debit card issuer for the same transaction;
Control an account that is linked to another account that has engaged in any of these restricted activities;
Conduct your business or use the ePAY Caribbean services in a manner that results in or may result in:
- complaints;
- requests by buyers (either filed with us or card issuers) to invalidate payments made to you;
- fees, fines, penalties or other liability or losses to ePAY Caribbean, other ePAY Caribbean customers, third parties or you;
Allow your digital value to have a negative balance;
Access the ePAY Caribbean services from a country that is not included on ePAY Caribbean's permitted countries list;
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf or the ePAY Caribbean services;
Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or ePAY Caribbean services;
Use an anonymizing proxy; use any robot, spider, other automatic devices, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf, any of the ePAY Caribbean services or other users' use of any of the ePAY Caribbean services;
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
Circumvent any ePAY Caribbean policy or determinations about your digital value such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional ePAY Caribbean account(s) when your digital value has a negative ePAY Caribbean balance or has been restricted, suspended or otherwise limited; opening new or additional ePAY Caribbean accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's ePAY Caribbean account; or
Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you have engaged in any of these activities, we may take a number of actions to protect ePAY Caribbean, its customers, and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

Limit your ePAY Caribbean Account, and/or close or suspend your ePAY Caribbean Account, immediately and without penalty to us;
Refuse to provide the ePAY Caribbean services to you in the future;
Limit your access to our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf, your ePAY Caribbean Account or any of the ePAY Caribbean services, including limiting your ability to pay or send value with your ePAY Caribbean Account, restricting your ability to send value or make refunds of value;
Hold your digital value balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
Contact buyers who have purchased goods or services from you using ePAY Caribbean, other impacted third parties or law enforcement about your actions;
Update inaccurate information you provided us;
Take legal action against you;
If you have violated our Acceptable Use Policy, then you are also responsible for damages to ePAY Caribbean caused by your violation of this policy; or
If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to ePAY Caribbean for the amount of ePAY Caribbean's damages caused by your violation of the Acceptable Use Policy. ePAY Caribbean may deduct such damages directly from any existing balance in any ePAY Caribbean account you control.

If we close your ePAY Caribbean Account or terminate your use of the Caribbean services for any reason, we'll provide you with notice of our actions and make any unrestricted value held in your ePAY Caribbean Account available for monetary refund.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by ePAY Caribbean, any ePAY Caribbean customer, or a third-party caused by or arising out of your breach of these terms and conditions, and/or your use of the ePAY Caribbean services.

Holds and Limitations

What are holds and limitations

Under certain circumstances, in order to protect ePAY Caribbean and the security and integrity of the network of buyers and sellers that use the ePAY Caribbean services, ePAY Caribbean may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we'll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Resolution Center or follow the instructions in our email notice with respect to the limitation or hold.

Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of ePAY Caribbean, our customers and/or service providers.

We may use proprietary fraud and risk modeling when assessing the risk associated with your ePAY Caribbean account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that ePAY Caribbean may take under certain circumstances either at the transaction level or the account level. When ePAY Caribbean places a temporary hold on a payment, the value is not available to either the sender or the recipient. ePAY Caribbean reviews many factors before placing a hold on a payment, including account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction.

Holds based on ePAY Caribbean's risk decisions

We may place a hold on payments sent to your ePAY Caribbean Account, in our sole discretion. We believe that there may be a high level of risk associated with you, your ePAY Caribbean Merchant Account, your personal ePAY Caribbean account, or your transactions or that placing such a hold is necessary to comply with regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the value will appear in your ePAY Caribbean Account with an indication that they are unavailable or pending. We'll notify you, either through your ePAY Caribbean Account or directly by phone or email, whenever we place a hold.

Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your ePAY Caribbean Account. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion. The hold may last longer than 21 days and can be in effect up to 180 days.

Account Limitations

Limitations are implemented to help protect ePAY Caribbean, buyers, and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your ePAY Caribbean Account open.

There are several reasons why your account could be limited, including:

If we suspect someone could be using your ePAY Caribbean Account without your knowledge, we'll limit it for your protection and look into the fraudulent activity.
If your bank lets us know that there have been unauthorized transfers between your ePAY Caribbean Account and your bank account
In order to comply with applicable law.
If we reasonably believe you have breached these terms and conditions or violated the Acceptable Use Policy.
Seller performance indicating your ePAY Caribbean account is high risk. Examples include indications of poor selling performance because you've received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly.

You will need to resolve any issues with your personal ePAY Caribbean account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect ePAY Caribbean, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your ePAY Caribbean Account, placing a limitation on your digital value, or releasing your refunds. We will decide, in our sole discretion, which action is required of us.

Unless the court order, applicable law, regulatory requirement, or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your digital value. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement, or other legal processes, the hold or limitation may remain in place longer than 180 days.

Liability for Unauthorized Transactions and Other Errors

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your EpayCaribbean Account, you should regularly log into your personal EpayCaribbean account and review your Digital Value statements. EpayCaribbean will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

EpayCaribbean will protect you from unauthorized activity in your EpayCaribbean Account. When this protection applies, EpayCaribbean will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An "Unauthorized Transaction" occurs when value is sent from your ePAY Caribbean Account that you did not authorize, and that did not benefit you. For example, if someone steals the password to your personal ePAY Caribbean account, uses the password to access value in your ePAY Caribbean Account, and sends a payment using those funds, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

It is NOT an Unauthorized Transaction if you give someone access to your digital value (by giving them your personal ePAY Caribbean account login information), and they use your digital value without your knowledge or permission. You are responsible for transactions made in this situation.

Reporting an Unauthorized Transaction

If you believe your ePAY Caribbean login information has been lost or stolen, please contact ePAY Caribbean customer service immediately or call: (767) 265-7999 or write:

ePAY Caribbean,
Attn: Error Resolution Department,
P.O. Box 1308, Roseau,
Commonwealth of Dominica.

Tell us AT ONCE if you believe that an electronic value transfer has been made without your permission using your login information or by other means. You could lose all the value in your ePAY Caribbean Account. If you tell us within 60 days after we provide you your personal ePAY Caribbean account statements showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your Digital Value statement shows transfers that you did not make, including those made with your ePAY Caribbean login information or by other means, let us know at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any value you lost after the 60 days if we can prove that we could have stopped someone from taking the value if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

Error Resolution

What is an Error

An "Error" means the following:

When value is either incorrectly taken from your ePAY Caribbean Account or erroneously placed into your ePAY Caribbean Account, or when a transaction is incorrectly recorded in your ePAY Caribbean Account.
You send a payment, and the incorrect amount is debited from your digital value balance.
An incorrect amount is credited to your digital value balance.
A transaction is missing from or not properly identified in your digital value statement.
We make a computational or mathematical error related to your digital value.

In this regard, you may take one or more of the following actions:

You request a receipt or periodic statement documents that ePAY Caribbean is required to provide to you.
You request information concerning pre-authorized (recurring) transfers of your digital value that ePAY Caribbean is required to provide.
You request additional information or clarification concerning a transfer to or from your Digital Value, including a request you make to determine whether an error has occurred.
You inquire about the status of a pending transfer to or from your Digital Value.
You request documentation or other information unless the request is for a duplicate copy for tax or other recordkeeping purposes.

What is not considered an Error

The following are NOT considered Errors:

If you give someone access to your ePAY Caribbean account (by giving them your login information) and they use your digital value without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals, and Chargebacks
Routine inquiries about the balance in your ePAY Caribbean Account
Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

In case of errors or questions about your electronic transfers, please telephone us at (767) 265-7999 or write:

ePAY Caribbean,
Attn: Error Resolution Department,
P.O. Box 1308, Roseau,
Commonwealth of Dominica

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Please tell us your name and account number (if any).
Please describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly upon confirmation of its existence. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your digital value within 10 Business Days for the amount you think is in error so that you will have the use of the value during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within 10 Business Days, we may not credit your digital value.

For errors involving new ePAY Caribbean accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new ePAY Caribbean Accounts, we may take up to 20 business days to credit your digital value for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing errors that we discover. If the error results in:

You receiving less than the correct amount to which you were entitled, then we will credit your digital value for the difference between what you should have received and what you received after fees have been applied.
You receiving more than the correct amount to which you were entitled, then we will debit your digital value for the difference between what you received and what you should have received after fees have been applied.
Our system not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
- through no fault of ours, you did not have enough available funds to complete the transaction;
- our system was not working properly, and you knew about the breakdown when you started the transaction; or
- the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

Delays that result from ePAY Caribbean applying holds or limitations.
Delays based on a payment review.
Your errors in making a transaction (for example, mistyping an amount of value that you are sending).

Remittance Transfer Errors

What is a Remittance Transfer

You may be protected for certain errors when you send value using an ePAY Caribbean Account outside of the Commonwealth of Dominica "Remittance Transfer" is a transaction that meets the following criteria:

The payment is sent from an ePAY Caribbean account that is used primarily for personal, family or household purposes,
The payment is made for personal, family or household purposes,
The payment is made using the send money feature through your personal ePAY Caribbean account,
The payment amount equals or exceeds $10XCD (excluding fees charged to you) or the same currency equivalent.
The recipient of the payment has an ePAY Caribbean account in a country outside the Commonwealth of Dominica.

Payments that you make at a merchant website or location by selecting ePAY Caribbean as a payment option are not "Remittance Transfers."

What qualifies as a Remittance Transfer Error

A "Remittance Transfer Error" occurs if:

You paid an incorrect amount to send the Remittance Transfer. For example, you were charged more than the total shown on the remittance transfer receipt you received (unless the total shown on the receipt was an estimate, and the difference results from the application of the actual exchange rate, fees, and taxes).
ePAY Caribbean made a computational or bookkeeping error, such as a miscalculation of the amount the recipient received.
The amount stated in the remittance transfer receipt was not made available to the recipient, unless:
- we stated in the remittance transfer receipt that we used estimates and the difference in the amount received and the amount stated in the remittance transfer receipt results from the application of the actual exchange rate, fees, and taxes, or
- the problem was caused by extraordinary circumstances outside our control
Funds were available to the recipient later than the date of availability that was disclosed to you on the remittance transfer receipt or was not delivered, unless:
- extraordinary circumstances outside our control caused the delay, and we could not reasonably anticipate those circumstances,
- delays resulted from fraud screenings, or were caused by requirements of the Office of Foreign Assets Controls or similar requirements, or
- you (or someone assisting you) made the transfer with fraudulent intent.
You request documentation or information concerning the Remittance Transfer, such as information required to determine if a Remittance Transfer Error occurred.

What is not considered a Remittance Transfer Error

The following are NOT considered Remittance Transfer Errors:

An inquiry about the status of a Remittance Transfer, except where the funds from the transfer were not made available to a designated recipient by the disclosed date of availability,
A request for information for tax or other record keeping purposes,
A change requested by the designated recipient, or
A change in the amount or type of currency received by the designated recipient from the amount or type of currency stated in the disclosure provided you if we relied on the information you provided in making the disclosure.

What to do if you think there has been a Remittance Transfer Error or problem

If you think there has been a Remittance Transfer Error or problem with your Remittance Transfer call us at (767) 265-7999 or write:

ePAY Caribbean,
Attn: Error Resolution Department,
P.O. Box 1308, Roseau, Commonwealth of Dominica

Log in to your personal ePAY Caribbean account at epaycaribbean.com and go to the Resolution Center and dispute a transaction.

You must contact us within 180 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:

Your name, address, and telephone number,
The error or problem with the transfer, and why you believe it is an error or problem,
The name of the person receiving the funds, and if you know it, his or her telephone number or address,
The dollar amount of the transfer, and
The confirmation code or the number of the transaction.

We will determine whether an error occurred within 90 days after you contact us, and we will correct any error promptly. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

EPAYCARIBBEAN TERMS AND CONDITIONS

Other Legal Terms

Communications Between You and Us

If you provide us your mobile phone number, you agree that ePAY Caribbean and its affiliates may contact you at that number using auto-dialed or prerecorded message calls or text messages to

(i) service your ePAY Caribbean branded accounts,
(ii) investigate or prevent fraud, or
(iii) collect a debt. We will not use auto-dialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent.

We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their purposes without your consent.

You do not have to agree to receive either auto dialed or prerecorded message calls or texts to your mobile phone number to use and enjoy the products and services offered by ePAY Caribbean. You can decline to receive auto-dialed or prerecorded message calls or texts to your mobile phone number by contacting customer support or by calling us at 1-767-265-7999. Standard telephone and text charges may apply.

ePAY Caribbean may communicate with you about your digital value and the ePAY Caribbean services electronically, as described in our Electronic Communications Delivery Policy. You will be considered to have received communication from us if delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us if delivered by mail, 3 Business Days after we send it.

Unless you're communicating with us about a matter where we've specified another notice address (for example, our Liability for Unauthorized Transactions and Other Errors process), written notices to ePAY Caribbean must be sent by postal mail to:

ePAY Caribbean,
Attention: Legal Department,
30 Independence Street, Roseau,
Commonwealth of Dominica.

You understand and agree that, to the extent permitted by law, ePAY Caribbean may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with ePAY Caribbean or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with ePAY Caribbean may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by ePAY Caribbean. ePAY Caribbean does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

ePAY Caribbean's Rights

ePAY Caribbean suspension and termination rights

ePAY Caribbean, in its sole discretion, reserves the right to suspend or terminate these terms and conditions, access to or use of its websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf or some or all of the ePAY Caribbean services for any reason and at any time upon notice to you and, upon termination of these terms and conditions, the payment to you of any unrestricted value held in your ePAY Caribbean Account.

Security interest

As security for the performance of your obligations under these terms and conditions, you grant to ePAY Caribbean a lien on and security interest in and to, unused digital value.

Amounts owed to ePAY Caribbean

If the balance in your ePAY Caribbean Account becomes negative for any reason, that negative balance represents an amount that you owe to ePAY Caribbean. ePAY Caribbean may deduct these amounts from value added to your ePAY Caribbean Account later, either by you or from payments you receive. If you have more than one ePAY Caribbean account, we may set off a negative balance in one ePAY Caribbean account against an ePAY Caribbean balance in your other ePAY Caribbean account(s). If you continue using your ePAY Caribbean Account when it has a negative balance, you authorize ePAY Caribbean to combine the negative balance with any debit or transaction sent from your personal ePAY Caribbean account when that combination is disclosed to you in advance of initiating the debit or transaction.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of any statute or under any other bankruptcy or insolvency law, ePAY Caribbean will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these terms and conditions.

Assumption of rights

If ePAY Caribbean invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that ePAY Caribbean assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in ePAY Caribbean's discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under these terms and conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term "ePAY Caribbean" to refer to ePAY Caribbean, our parent Maxwell Technologies Ltd., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers, and suppliers. Our affiliates include each entity that we control, and we are controlled by or we are under common control with.

Indemnification

You must indemnify ePAY Caribbean for actions related to your ePAY Caribbean and your use of the ePAY Caribbean services. You agree to defend, indemnify and hold ePAY Caribbean harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to, or arising out of your breach of these terms and conditions, due to your improper use of the ePAY Caribbean services. Your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your digital value or access our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf, or any of the ePAY Caribbean services on your behalf.

Limitation of liability

ePAY Caribbean's liability is limited with respect to your digital value and your use of the ePAY Caribbean services. In no event shall ePAY Caribbean be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf, any of the ePAY Caribbean services, or these terms and conditions (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.

In addition, to the extent permitted by applicable law, ePAY Caribbean is not liable, and you agree not to hold ePAY Caribbean responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

(1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf, or any of the ePAY Caribbean services
(2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf and any of the ePAY Caribbean services;
(3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf or any of the ePAY Caribbean services or any website or service linked to our websites, software or any of the ePAY Caribbean services;
(4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf or any of the ePAY Caribbean services or in the information and graphics obtained from them;
(5) the content, actions, or inactions of third parties;
(6) a suspension or other action taken with respect to your digital value; or
(7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these terms and conditions or ePAY Caribbean's policies.

Disclaimer of Warranty and Release

No warranty

The ePAY Caribbean services are provided "as-is" and without any representation or warranty, whether express, implied or statutory. ePAY Caribbean specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

ePAY Caribbean does not have any control over the products or services provided by sellers who accept ePAY Caribbean as a payment method, and ePAY Caribbean cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so.

ePAY Caribbean does not guarantee continuous, uninterrupted or secure access to any part of the ePAY Caribbean services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the ePAY Caribbean services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. ePAY Caribbean will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner, but ePAY Caribbean makes no representations or warranties regarding the amount of time needed to complete processing because the ePAY Caribbean services are dependent upon many factors outside of our control, such as delays in the banking system, or international mail service. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Release of ePAY Caribbean

If you have a dispute with any other ePAY Caribbean account holder, you release ePAY Caribbean from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Agreement to Arbitrate

You and ePAY Caribbean agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it

Affects your rights and will impact how claims you and we have against each other are resolved.
Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class-action lawsuit against us.
Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us written notice, and the opt-out notice must be postmarked no later than 30 days after the date you accept these terms and conditions for the first time.
If a dispute arises between you and ePAY Caribbean, acting as either a buyer or a seller, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly.

Disputes between you and ePAY Caribbean regarding ePAY Caribbean's services may be reported to customer service online through the ePAY Caribbean Help Center at any time, or by calling (767) 265-7999 from Mon-Fri 7:00 AM to 7:00 PM and Sat-Sun 8:00 AM to 6:00 PM.

Agreement to Arbitrate

Our Agreement

You and ePAY Caribbean each agree that any and all disputes or claims that have arisen or may arise between you and ePAY Caribbean, including without limitation- statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted.

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and ePAY Caribbean agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and ePAY Caribbean agree otherwise, the arbitrator(s) may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other ePAY Caribbean customers.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator(s) instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these terms and conditions as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the Caribbean Court of Justice (referred to as the "CCJ") under its rules and procedures, including the CCJ's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute.

You should send this notice to ePAY Caribbean at:

ePAY Caribbean.,
Attn: Litigation Department,
Re: Notice of Dispute,
30 Independence Street, Roseau
Commonwealth of Dominica.

ePAY Caribbean will send any notice to you to the address we have on file associated with your ePAY Caribbean account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and ePAY Caribbean are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or ePAY Caribbean may initiate arbitration proceedings.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or ePAY Caribbean may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and ePAY Caribbean subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or ePAY Caribbean may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or ePAY Caribbean shall not be disclosed to the arbitrator(s).

The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.

The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different ePAY Caribbean customers but is/are bound by rulings in prior arbitrations involving the same ePAY Caribbean customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the CCJ's rules unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, ePAY Caribbean will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by ePAY Caribbean should be submitted by mail to the CCJ along with your Demand for Arbitration, and ePAY Caribbean will make arrangements to pay all necessary fees directly to the CCJ. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, ePAY Caribbean will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ePAY Caribbean for all fees associated with the arbitration paid by ePAY Caribbean on your behalf that you otherwise would be obligated to pay under the CCJ's rules.

Severability

With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from the arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

Opt-Out Procedure

If you are a new ePAY Caribbean customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept these terms and conditions for the first time. You must mail the opt-out notice to

ePAY Caribbean,
Attn: Litigation Department,
30 Independence Street, Roseau,
Commonwealth of Dominica.

For your convenience, we are providing an opt-out notice form you must complete and mail to opt-out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and the email address(es) used to log in to the ePAY Caribbean account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of this Agreement to Arbitrate, all other parts of the terms and conditions will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Amendments to this Agreement to Arbitrate

Notwithstanding any provision in the terms and conditions to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against ePAY Caribbean prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and ePAY Caribbean. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.epayccaribbean.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your ePAY Caribbean account within the 30-day period, and you will not be bound by the amended terms.

Intellectual Property

ePAY Caribbean's trademarks

"epaycaribbean.com," "epay.com," "ePAY Caribbean," and all logos related to the ePAY Caribbean services are either trademarks or registered trademarks of ePAY Caribbean or ePAY Caribbean's licensors. You may not copy, imitate, modify, or use them without ePAY Caribbean's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ePAY Caribbean. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by ePAY Caribbean for the purpose of directing web traffic to the ePAY Caribbean services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes ePAY Caribbean or the ePAY Caribbean services or display them in any manner that implies ePAY Caribbean's sponsorship or endorsement.

All right, title and interest in and to the ePAY Caribbean websites, any content thereon, ePAY Caribbean services, the technology related to ePAY Caribbean services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of ePAY Caribbean and its licensors.

License grants

Generally if you are using ePAY Caribbean software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then ePAY Caribbean grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use ePAY Caribbean's software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions, and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access, and use requirements contained in all documentation accompanying the ePAY Caribbean services. If you do not comply with implementation, access, and use requirements, you will be liable for all resulting damages suffered by you, ePAY Caribbean, and third parties. ePAY Caribbean may update or discontinue any software upon notice to you.

While ePAY Caribbean may have

(1) integrated certain third party materials and technology into any web or other application, including its software, and/or
(2) accessed and used certain third party materials and technology to facilitate providing you with the ePAY Caribbean Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third-party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title, and interest to ePAY Caribbean's software are owned by ePAY Caribbean, and any third party materials integrated therein are owned by ePAY Caribbean's third-party service providers. Any other third party software application you use on the ePAY Caribbean websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that ePAY Caribbean does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the ePAY Caribbean services.

License grant from you to ePAY Caribbean, intellectual property warranties

ePAY Caribbean does not claim ownership of the content that you provide, upload, submit, or send to ePAY Caribbean. Nor does ePAY Caribbean claim ownership of the content you host on third-party websites or applications that use ePAY Caribbean services to provide payment services related to your content. Subject to the next paragraph, when you provide content to ePAY Caribbean or post content using ePAY Caribbean services, you grant ePAY Caribbean (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. ePAY Caribbean will not compensate you for any of your content. You acknowledge that ePAY Caribbean's use of your content will not infringe on any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against ePAY Caribbean.

License grant from sellers to ePAY Caribbean

Notwithstanding the provisions of the prior paragraph, if you are a seller using the ePAY Caribbean services to accept payments for goods and services, you hereby grant ePAY Caribbean and its affiliates a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of these terms and conditions, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of:

(1) identifying you as a merchant that accepts an ePAY Caribbean service as a payment form
(2) any other use to which you specifically consent.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under these terms and conditions without ePAY Caribbean's prior written consent. ePAY Caribbean may transfer or assign these terms and conditions or any right or obligation under these terms and conditions at any time.

Business Days

"Business Day(s)" means Monday through Friday, excluding holidays when ePAY Caribbean's offices are not considered open for business in Dominica. Holidays include New Year's Day (January 1), Carnival Monday, Carnival Tuesday, Good Friday, Easter Monday, Labour Day, Whit Monday, Pentecost Monday, Independence Day (November 3), Community Day of Service and Christmas Day (December 25). If a holiday falls on a Saturday or a Sunday, ePAY Caribbean observes the holiday on the following Monday.

Consumer fraud warning

We're always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:

Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be ePAY Caribbean or coming from ePAY Caribbean but asks you to send money outside your ePAY Caribbean Account.
Relative in Need: A scammer impersonates a family member (commonly grandchildren) and claims there is an emergency requiring you to send money.
Lottery or Prize: a scammer informs you that you've won a lottery or Prize and must send money in order to claim it.
Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation.
Employment Related: a scammer instructs you to send money in connection with a fraudulent offer of employment.

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your ePAY Caribbean Account for two or more years, ePAY Caribbean may close your ePAY Caribbean Account and send any refunds in the account to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) those refunds to your country of residency. ePAY Caribbean will determine your country of residency based on the country listed in the primary address for your ePAY Caribbean account. If your address is unknown or registered in a foreign country, the value in your ePAY Caribbean will be forfeited. Where required, ePAY Caribbean will send you a notice prior to forfeiture of any digital value.

If you fail to respond to this notice, the balance in your ePAY Caribbean Account will be forfeited.

Governing law

You agree that, except to the extent inconsistent with or preempted by law and except as otherwise stated in these terms and conditions, the laws of the Commonwealth of Dominica, without regard to principles of conflict of laws, will govern these terms and conditions and any claim or dispute that has arisen or may arise between you and ePAY Caribbean.

Identity authentication

You authorize ePAY Caribbean, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

asking you for further information, such as your date of birth, a taxpayer identification number, your physical address and other information that will allow us to identify you reasonably;
requiring you to take steps to confirm ownership of your email address or financial instruments;
ordering a credit report from a credit-reporting agency, or verifying your information against third party databases or through other sources; or
requiring you to provide your driver's license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that ePAY Caribbean verify the required identifying information if you use certain ePAY Caribbean services.

ePAY Caribbean reserves the right to close, suspend, or limit access to your digital value and/or ePAY Caribbean's services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

ePAY Caribbean is only a payment service provider

We act as a payment service provider only. We do not:

Act as an escrow agent with respect to any value kept in your ePAY Caribbean Account;
Act as your agent or trustee;
Enter into a partnership, joint venture, agency or employment relationship with you;
Guarantee the identity of any buyer or seller;
Determine if you are liable for any taxes; or
Unless otherwise expressly set out in these terms and conditions, collect or pay any taxes that may arise from your use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Translation of agreement

Any translation of these terms and conditions is provided solely for your convenience and is not intended to modify the terms. In the event of a conflict between the English version of these terms and conditions and a version in a language other than English, the English version shall control.

Unlawful internet gambling notice

Restricted transactions are prohibited from being processed through your ePAY Caribbean or your relationship with ePAY Caribbean. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information; Data protection laws

If you receive information about another ePAY Caribbean customer, you must keep the information confidential and only use it in connection with the ePAY Caribbean services. You may not disclose or distribute any information about ePAY Caribbean users to a third party or use it for marketing purposes unless you receive that user's express consent. You may not send unsolicited emails to an ePAY Caribbean customer or use the ePAY Caribbean services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

To the extent that you (as a seller) process any personal data about an ePAY Caribbean customer pursuant to these terms and conditions, you agree to comply with the requirements of any applicable privacy and data protection laws. You have your own, independently determined privacy policy, notices and procedures for any such personal data that you hold as a data controller, including a record of your activities related to the processing of personal data under these terms and conditions.

The privacy and data protection laws that may apply include any associated regulations, regulatory requirements, and codes of practice applicable to the provision of the services described in these terms and conditions. If you process personal data from Europe pursuant to these terms and conditions, you must comply with the EU Directive 95/46/EC or the General Data Protection Regulation (EU) 2016/679 (GDPR).

In complying with such laws, you will:

implement and maintain all appropriate security measures for the processing of personal data; and
not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by ePAY Caribbean.