ePAY - User Agreement

This user agreement will be effective for all users as of May 27, 2020.

Welcome to ePAY Caribbean!

This user agreement is a contract between you and ePAY Caribbean Inc. governing your use of your ePAY Caribbean account and ePAY Caribbean services. It applies to OECS ePAY Caribbean accounts only. If you are an individual, you must be a resident of the Commonwealth of Dominica or one of OECS territories and at least 18 years old, or the age of majority in your state of residence to open an ePAY Caribbean account and use the ePAY Caribbean services. If you are a business, the business must be organized in, operating in, or a resident of the Commonwealth of Dominica or one of OECS territories to open an ePAY Caribbean account and use ePAY Caribbean services.

By opening and using an ePAY Caribbean account, you agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you:

Privacy Statement
Acceptable Use Policy
Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

Please carefully read all of the terms and conditions of this user agreement, terms of these policies, and each of the other agreements that apply to you.

We may revise this agreement and any of the 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 for personal accounts and at least five days advance notice for business accounts. By continuing to use our services after any changes to this user agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Opening an ePAY Caribbean Account

We offer two types of ePAY Caribbean accounts: Personal ePAY Caribbean accounts and Business ePAY Caribbean accounts, both covered by this user agreement.

All ePAY Caribbean accounts let you do things like:

Send and receive value.

Buy things online, using mobile devices, or in participating stores.
Make payments using your credit card, debit card, bank account, or other payment options, through funds held as digital value in an ePAY Caribbean account (if we have verified the required identifying information you provide to us). The term "Digital Value" in this user agreement will be used to refer to the purchased monetary equivalent in your ePAY Caribbean account. More information about Digital Value can be found in the ePAY Caribbean Account Terms and Conditions.

Accept, Digital Value, and other payment methods from others.

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

Personal ePAY Caribbean accounts

If you primarily need to make purchases and send value that is redeemable as money to family and friends, a personal ePAY Caribbean account is probably right for you. With a personal ePAY Caribbean account, you can do things like:

Send and request money from friends and family.
Buy goods and services.

You can also use a Business ePAY Caribbean account to receive value for the sale of goods and services and hold that value or transfer it to a linked bank account. You can also convert your personal ePAY Caribbean account to a business ePAY Caribbean account should circumstances change.

Business ePAY Caribbean accounts

We recommend business ePAY Caribbean accounts for people and organizations that primarily use ePAY Caribbean to sell goods or services or accept donations, even if your business is not incorporated. With a business ePAY Caribbean account, you can do things like:

Use a company or business name as the name on your business ePAY Caribbean account.
Allow up to 200 employees access to some of the features of your business ePAY Caribbean account, inclusive of payroll.
Sign up for ePAY Caribbean products that meet your business needs.

Business ePAY Caribbean accounts may be subject to fees that differ from the fees applicable to personal accounts. By opening up a business ePAY Caribbean account or converting a personal ePAY Caribbean account to a business ePAY Caribbean account, you certify to us that you are using it primarily for a business or commercial purpose. You also consent to ePAY Caribbean obtaining your personal and/or business credit report from a credit-reporting agency at account opening and whenever we reasonably believe there may be an increased level of risk associated with your business ePAY Caribbean account.

Commercial Entity Status

If the activity through your business ePAY Caribbean account reaches certain thresholds or involves certain business segments or activities, you are required by the card networks to agree to a Commercial Entity Agreement to allow you to continue accepting Visa and MasterCard payments. In this case, these Commercial Entity Agreements will apply to any payment processed by ePAY Caribbean on your behalf and will form part of this user agreement.

Closing Your ePAY Caribbean Account

You may close your ePAY Caribbean account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your ePAY Caribbean account even after the ePAY Caribbean account is closed. When you close your ePAY Caribbean account, we will cancel any scheduled or incomplete transactions. If you have Digital Value linked to a personal ePAY Caribbean account, you must withdraw or transfer any value held in your ePAY Caribbean Account before closing your personal ePAY Caribbean account. Closing a personal ePAY Caribbean account will result in ePAY Caribbean automatically closing any linked Digital Value. If you have a business ePAY Caribbean account, you must withdraw or transfer any balance from your business ePAY Caribbean account before closing it, and if you have not provided the required identifying information to us, or if we are unable to verify the required identifying information you provide, you must transfer any balance in your business ePAY Caribbean account to a linked bank account or debit card. You cannot withdraw or transfer digital gift certificates/cards that are purchased through ePAY Caribbean Digital Gifts and linked to your personal or business ePAY Caribbean account as payment methods. However, even without your ePAY Caribbean account, you can still use the codes you received by email when you purchased the gift certificates/cards to make purchases.

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

To evade an investigation.
If you have a pending transaction or an open dispute or claim.
If your ePAY Caribbean account has a negative balance.
If your ePAY Caribbean account is subject to a hold, limitation or reserve.

Link or Unlink a Payment Method

You can link or unlink a credit card, debit card, a. bank account to your ePAY Caribbean account as a payment method. You can also link Digital Value to your personal ePAY Caribbean account and unlink the Digital Value by withdrawing all value and closing it. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your ePAY Caribbean account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner. To do this, we will charge $1.95XCD to the card. After the card is confirmed, we will immediately refund this amount to the card.

Receiving Value, holding a Balance or Transferring Value

Personal ePAY Caribbean accounts

Money sent to your personal ePAY Caribbean account cannot be held as a balance in your personal ePAY Caribbean account. When you receive money to your personal ePAY Caribbean account, you can:

transfer the money via a standard transfer to your bank account linked to your personal ePAY Caribbean account for free.
transfer the money via an Instant Transfer to an eligible debit card or bank account linked to your personal ePAY Caribbean account, subject to the fees applicable to such transfers that can be found on the Fees for Transferring Funds (for personal ePAY Caribbean accounts) table and that will be disclosed to you in advance each time you initiate such a withdrawal;
request ePAY Caribbean to send the money to you by check (subject to a non-refundable fee of $1.50XCD, which will be deducted from the amount of the withdrawal). 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 as linked Digital Value if you have one or hold the funds on your behalf and retain the non-refundable fee of $1.50XCD. 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.
purchase Digital Value to hold the money as a balance in your ePAY Caribbean account for purchases or to transfer funds to friends and family members. Digital Value is separate account from your personal EpayCaribbean account. If you purchase Digital Value, we will automatically link your Digital Value to your personal ePAY Caribbean account. More information about Digital Values can be found in the ePAY Caribbean Account Terms and Conditions.

You also cannot transfer money to your personal ePAY Caribbean account to be held as a balance in your personal ePAY Caribbean account. Funds added to your ePAY Caribbean account will reflect as digital value, which can be used for purchases or to transfer funds to friends and family members. More information about Digital Values can be found in the ePAY Caribbean Account Terms and Conditions.

Except as provided below, any balance or your digital value and any funds sent to you should be transferred to a linked bank account or debit card. If you do not, the digital value represents an unsecured claim against ePAY Caribbean and is not insured.

ePAY Caribbean is not a bank and does not itself take deposits. You will not receive any interest on the value held with ePAY Caribbean.

Business ePAY Caribbean accounts

Value sent to a business ePAY Caribbean account can be held directly as balance in the business ePAY Caribbean account. The balance functionality in your business ePAY Caribbean account will differ depending on whether we have been able to verify the required identifying information that you provide to us.

The required identifying information is:

For sole proprietorships: name, physical address, date of birth and taxpayer identification number; or
For other types of business legal entities: business name, business address, taxpayer identification number, and proof of business existence.

If we have not verified the required identifying information, a balance in your business ePAY Caribbean account can only be held in your business ePAY Caribbean account and transferred to a linked bank account or debit card or you can request ePAY Caribbean to send you the money by check (subject to a non-refundable fee of $1.50, which will be deducted from the amount of the withdrawal). Your balance may also be used to fund payments or money owed to ePAY Caribbean, such as payments on your ePAY Caribbean account or monies owed for refunds or chargebacks.

If we have verified the required identifying information, a balance can be held in your business ePAY Caribbean account, transferred to a linked bank account or debit card, used to make purchases or send money to others.

If you have a business ePAY Caribbean account and we have verified the required identifying information that you have provided to us, you may transfer money to the balance of your business ePAY Caribbean account from any bank account linked to your business ePAY Caribbean account by requesting an electronic transfer from your bank account. If we have not verified the required identifying information that you have provided to us, you cannot add funds to your balance in a business ePAY Caribbean account.

You can withdraw balance from your business ePAY Caribbean account by:

transferring it via a standard transfer to a bank account linked to your business ePAY Caribbean account for free,
transferring it via an Instant Transfer to an eligible debit card or bank account linked to your business ePAY Caribbean account, subject to the fees applicable to such transfers that can be found on the Fees for Transferring Balance (for business ePAY Caribbean accounts) table and that will be disclosed to you in advance each time you initiate such a withdrawal,
Requesting a check from us (subject to a non-refundable fee of $1.50, which will be deducted from the amount of the withdrawal). 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 your balance in your business ePAY Caribbean account 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.

Any balance you hold in your business account represents an unsecured claim against ePAY Caribbean and is not insured.

EpayCaribbean is not a bank and does not itself take deposits. You will not receive any interest on the funds held with EpayCaribbean.

Restrictions on transfers or refunds from ePAY Caribbean accounts

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 to your ePAY Caribbean account have been subject to a reversal (for example, as a result of a chargeback, bank reversal or dispute by a buyer). If we place a limitation on your ePAY Caribbean account, payment is subject to a hold, or your account or an associated account has a negative balance. While a withdrawal from your ePAY Caribbean account is pending, you will have to reinitiate the refund once the limitation or hold has been lifted, or negative balance is fully cleared off.

We may set limits on your refunds, and you can view any refund limit by logging into your ePAY Caribbean account. Completing two out of three of the following steps can help us verify your ePAY Caribbean account, which may allow us to remove any refund cap:

Verifying your bank account.
Linking and confirming your credit or debit card information.
Providing your social security number.

Account Statements

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

Sending value and Buying
Sending value to a Friend or Family Member
Sending value

You can send value to a friend or family member using the send value feature in your ePAY Caribbean account (sometimes called "personal payments" or "peer-to-peer/P2P payments"). You can send value to a friend or family member even if they don't have a ePAY Caribbean account at the time you send them money, using their email address or mobile number in any currency that ePAY Caribbean supports, and you can choose which payment method you want to use. If the person to whom you are sending money does not have an ePAY Caribbean account, they can claim it by opening an ePAY Caribbean account. If they don't claim it, it will be refunded to you.

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

When you send value to a friend or family member who has an ePAY Caribbean account, one of two things may happen: they may accept or decline the transfer. If they decline to accept the value, the value (including any fees you were charged) will be refunded to:

The original payment method you used for the transaction. If you ePAY Caribbean Credit, or balance in a business ePAY Caribbean accounts as the payment method or the balance in your business ePAY Caribbean account

Fees for Sending value to Friends and Family

The fees applicable to sending value can be found on our Fees for Sending value to Friends and Family page and will be disclosed to you in advance each time you initiate a transaction to send value to a friend or family member.

If you send value to a friend or family member from a third party (non-ePAY Caribbean) website or by using a third party's product or service, the third party will determine if the sender or recipient pays the fee. This will be disclosed to you by the third party before the payment is initiated.

You can also use the send value feature in your ePAY Caribbean account to pay for goods or services. You will not be charged any transaction fee for sending value to purchase goods or services as long as you choose the "send value to pay for goods and services" feature in your ePAY Caribbean account. In that case, the seller will pay a fee. You must not use the "send value to a friend or family member" feature in your ePAY Caribbean account when you are paying for goods or services.

Buying Something From, or Returning Something to, a Seller Who Accepts ePAY Caribbean

How to buy something

You can buy something from a seller who accepts ePAY Caribbean, in any currency that the seller accepts and that ePAY Caribbean supports using any payment method linked to your ePAY Caribbean account. This includes, for example:

Buying something at an online retailer's website and selecting ePAY Caribbean as your payment method at checkout.
Sending value to a seller for goods or services.
Using your ePAY Caribbean account to buy something at a seller's physical store.

If the seller you are buying from sells goods or services and that seller does not already have an ePAY Caribbean account, they can claim your payment by opening an ePAY Caribbean account. If they don't open an ePAY Caribbean account within 30 days, your purchase will be refunded.

In order to manage risk, ePAY Caribbean may limit the payment methods available for a transaction when you buy something. In addition, payment methods may be limited for certain sellers or if you make an ePAY Caribbean payment through certain third-party websites or applications.

When you authorize a payment to a seller who accepts ePAY Caribbean, some sellers may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending order in your ePAY Caribbean account. In that case, your authorization of the payment will remain valid until the seller completes the transaction (but no longer than 30 days). If you used a debit or credit card as the payment method, your debit or credit card issuer also may have a pending authorization period until they release the hold or receive a completed transaction. If your payment requires a currency conversion by us, ePAY Caribbean 's transaction exchange rate (including a currency conversion spread) will be used, which may be the rate when the payment is processed.

Fees

When you buy something from a seller who accepts ePAY Caribbean, you do not pay a fee to ePAY Caribbean. If ePAY Caribbean performs a currency conversion for your purchase, ePAY Caribbean's transaction exchange rate (including our currency conversion spread) will be used. Your debit or credit card issuer may also charge you a separate fee for non-U.S. transactions (where applicable).

You may be required to pay a fee to ePAY Caribbean if you are making a purchase using ePAY Caribbean Business Payments, and the seller discloses to you that you, as the buyer, must pay the fee.

Payment review

When ePAY Caribbean identifies a potentially high-risk transaction, we review it more closely before proceeding. When this happens, ePAY Caribbean will place a hold on the transaction and notify the seller to delay its shipping. 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 funds to you, unless we are legally required to take other action.

Automatic payments

You can agree with a seller who accepts ePAY Caribbean to use ePAY Caribbean as the payment method for future purchases with that seller. This agreement is between you and the seller and allows you to pay the seller on a one-time, recurring, or sporadic basis. Examples of automatic payments that can be arranged by you either with a seller or with ePAY Caribbean include those that ePAY Caribbean calls a "billing agreement," "subscription," "recurring payment," "reference transaction," "preauthorized transfer" or "preapproved payment."

If you have a personal ePAY Caribbean account, you may cancel a recurring automatic payment up to three Business Days before the next scheduled payment from your account settings or by contacting us through the Epay Caribbean Help Center, or by calling ePAY Caribbean at (767) 265-7999.

Once your automatic payment is canceled, all future automatic payments under your agreement with that seller will be stopped. If you cancel an automatic payment, you may still owe the seller money for the purchase or have additional obligations to the seller for any goods or services that you receive but for which you have not paid.

If you have given advance authorization to a seller or ePAY Caribbean, that permits a seller to take or receive payments from your ePAY Caribbean account on a regularly recurring basis (for example, every month or otherwise on a routine billing cycle). If such payments vary in amount, you have the right to advance notice of the amount and date of the transfer from the seller at least ten days before the transfer is made. If the seller provides the option, you may choose to receive this advance notice only when the amount of your automatic payment will fall outside a range established between you and the seller.

If you have authorized an automatic payment and ePAY Caribbean performs currency conversion for an automatic payment transaction, ePAY Caribbean will use the transaction exchange rate (including Epay Caribbean's currency conversion spread) in effect at the time the automatic payment transaction is processed.

Refunds

When you buy something from a seller online using ePAY Caribbean and the transaction is ultimately refunded, the money will typically be refunded to the original payment method you used for the transaction- ePAY Caribbean or business ePAY Caribbean account.

If you used a bank account linked to a personal ePAY Caribbean account as the payment method for the transaction, we will attempt to refund the money to your bank account. If we are unable to do so, we will refund the money to your ePAY Caribbean Account Value.

The money will be refunded to your wallet if you have one 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. If you do not have a wallet, the money will be waiting for you to claim by using one of the available transfer methods under Receiving Funds, Holding a Balance or Transferring Funds for personal ePAY Caribbean accounts.

For purchases you make in a seller's store location that you paid for using your business ePAY Caribbean account and the transaction is ultimately refunded, the value will be refunded to your balance in your business ePAY Caribbean account.

If you used ePAY with Rewards to fund your transaction, your refund will be processed as a dollar amount: depending on your card agreement with your issuer, your issuer may or may not credit your purchase back to your reward balance.

Payment Method Used for My Transaction

Selecting a preferred payment method

You can choose any of the payment methods in your ePAY Caribbean account as your preferred payment method. You can select a preferred payment method in your account preferences on epaycaribbean.com or in the ePAY Caribbean app. There may be times when your preferred payment method cannot be used, for example, if you select a credit card that is expired.

You can set separate preferred payment methods for online transactions, in-store transactions, and each of your automatic payment agreements, as described below.

If you have chosen a preferred payment method, it will be shown as the primary method of payment.

If no preferred payment method, it's still your choice.

The availability of certain payment methods may be limited based on that particular seller or the third-party website you are using to complete it.

If you have not selected a preferred payment method or your preferred payment method is unavailable, we will show you available payment methods, including the payment method you used most recently or recently, at the time of the transaction. You can click on the "Manage" link to see all of your available payment methods, add a new one, and select a payment method during the transaction.

Backup payment method

Certain one-time online transactions may require that a backup funding method be used if your selected or preferred payment method is unavailable. In those instances, the backup funding method may be displayed to you on your transaction review page before you complete the transaction. Note that this only applies for one-time, online transactions, and not for in-store or automatic payments. If ePAY Caribbean determines currency conversion is necessary for a transaction that also requires a backup payment method, you may not be able to separately choose whether ePAY Caribbean or your card issuer performs the currency conversion on your backup payment method.

Sending money to friends and family

When you send money to friends and family within the OECS using the balance in your personal ePAY Caribbean account, the balance in your business ePAY Caribbean account, we waive all fees, so we always show you these payment options first, even if you have a set preferred payment method for your online purchases. Remember, you always have the choice to select any payment method in your ePAY Caribbean account by clicking the "Change" link on the Send Money page. If you select a payment method with a fee, we will always show you the fee before you send money.

Automatic payments

Some sellers allow you to store ePAY Caribbean as the way you pay when making purchases on their site so that you can check out faster. Often, this entails creating an agreement with the seller that permits them to request that we charge your ePAY Caribbean account each time you make a purchase. To help minimize disruptions in your automatic payments, we may update your Payment Method information; see Link or Unlink a Payment Method.

When you first set up an automatic payment agreement, you may have the option to set up a preferred payment method for such an agreement. You can review, set, or change a preferred payment method for an automatic payment agreement in your account settings on epaycaribbean.com.

Your preferred payment method for an automatic payment agreement will be used for transactions with that seller. If you have an available balance in a linked account, that balance may be used before your preferred payment method.

If you have not set a preferred payment method for an automatic payment agreement, or if your preferred payment method for an automatic payment agreement is unavailable (for example, because it is expired or has insufficient funds) the payment method used will be in the following order, if applicable:

Digital Value (if one is linked to your personal ePAY Caribbean account) or balance in your business ePAY Caribbean account (if we've been able to verify the required identifying information you provide to us);
Bank account.
ePAY Caribbean co-branded debit card.
ePAY Caribbean co-branded credit card.
Debit card.
Credit card.

The above is also the order of payment methods that will be used if a previously selected payment method to be used in a seller agreement is unavailable.

Bank account transfers

When you use your bank account as a payment method, you are allowing ePAY Caribbean to initiate a transfer from your bank account to the recipient. For these transactions, ePAY Caribbean will make electronic transfers from your bank account in the amount you specify. You authorize ePAY Caribbean to try this transfer again if your bank rejects the initial transfer for any reason.

Pay with Rewards

ePAY Caribbean may allow you to redeem rewards associated with your eligible card(s) when purchasing with your ePAY Caribbean account through ePAY Caribbean 's Pay with Rewards program. ePAY Caribbean may share with and receive information from your issuer about your issuer accounts to complete the redemption of your rewards when using ePAY Caribbean 's Pay with Rewards program. The exchange of this information is necessary to complete the purchase when you select the Pay with Rewards redemption option.

All Pay with Rewards redemptions are subject to the terms of your card agreement with your card issuer. Pay with Rewards is only available for eligible purchases with certain merchants, and ePAY Caribbean or your issuer may limit, suspend, or terminate your ability to redeem rewards at any time in accordance with this user agreement and your card agreement. Your issuer determines the value of rewards redeemed through ePAY Caribbean and available redemption methods (e.g., to pay for your purchase or statement credit).

There may be a delay between checkout and processing of your payment. Only rewards available upon processing of your payment will be used. Because your reward balance and/or transaction balance may change, whenever you request to redeem rewards for a purchase, you also authorize ePAY Caribbean to charge up to the full payment amount to your associated card if that happens. For more information on redeeming rewards and how it works, please see About Payment Methods.

Debit card processing

ePAY Caribbean will process your debit or prepaid card funded transactions through either the ATM debit network or the Visa, MasterCard, or Discover network. If we process your debit or prepaid card through an ATM debit network, we may provide you with the opportunity to switch to a Visa, MasterCard, or Discover network by changing your preferences for that debit or prepaid card through your ePAY Caribbean account profile.

Loyalty Cards

If you use the ePAY Caribbean application on your mobile phone, you may store loyalty card numbers or bar codes, where applicable, for certain sellers in your ePAY Caribbean account. When you store your loyalty card numbers or bar codes in your ePAY Caribbean account, you will earn any rewards subject to the seller's loyalty card terms and conditions, at the time you make your payment to the merchant by presenting the stored loyalty card number or bar code to the seller at the point of sale. It is your responsibility to make sure you have entered your loyalty card information correctly and that you update it as necessary. It is also your responsibility to ensure that you are receiving the rewards to which you are entitled. ePAY Caribbean is not responsible for managing your loyalty card account by offering this service, and any questions about your loyalty card or associated rewards program should be directed to the seller who offers the card.

ePAY Caribbean 's Purchase Protection Program

When you buy something from a seller who accepts ePAY Caribbean, you may be eligible for a refund under ePAY Caribbean 's Purchase Protection program. When applicable, ePAY Caribbean 's Purchase Protection program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. ePAY Caribbean determines, in its sole discretion, whether your claim qualifies for the Purchase Protection program. ePAY Caribbean 's original determination is considered final. However, you may be able to file an appeal of the decision with ePAY Caribbean if you have new or compelling information not available at the time of the original determination, or you believe there was an error in the decision-making process.

IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. ePAY Caribbean's Purchase Protection program does not entitle you to reimbursement for the return shipping costs that you may incur.

ePAY Caribbean 's Purchase Protection program may apply when you encounter these specific problems with a transaction:

You didn't receive your item from a seller (referred to as an "Item Not Received" claim), or you received an item, but the item isn't what you ordered (referred to as a "Significantly Not as Described" claim).

If you believe that you did not authorize a transaction made through your ePAY Caribbean account, this type of claim is different from the Purchase Protection program. It is described below under Liability for Unauthorized Transactions and Other Errors.

Item Not Received claims

Your claim will not qualify for a refund under ePAY Caribbean's Purchase Protection program for an Item Not Received claim, if:

You collect the item in person or arrange for it to be collected on your behalf, including if you use ePAY Caribbean in a seller's physical store, or
The seller has provided proof of shipment or proof of delivery. If the seller presents evidence that they delivered the goods to your address, ePAY Caribbean may find in favor of the seller for an Item Not Received claim even if you claim you did not receive the goods.

Significantly Not as Described claims

An item may be considered Significantly Not as Described if:

The item is materially different from the seller's description of it.
You received a completely different item.
The condition of the item was misrepresented. For example, the item was described as "new," but the item was used.
The item was advertised as authentic but is not authentic (i.e., counterfeit).
The item is missing major parts or features, and those facts were not disclosed in the description of the item when you bought it.
You purchased a certain number of items but didn't receive them all.
The item was damaged during shipment.
The item is unusable in its received state and was not disclosed as such.

An item may not be considered Significantly Not as Described if:

The seller correctly described the defect in the item in its description of the item.
The item was correctly described, but you didn't want it after you received it.
The item was correctly described but did not meet your expectations.
The item has minor scratches and was described as "used."

Ineligible items and transactions under ePAY Caribbean's Purchase Protection program

Payments for the following are not eligible for reimbursement under ePAY Caribbean Purchase Protection:

Real estate, including residential property
Financial products or investments of any kind
Businesses (when you buy or invest in a business)
Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats

Significantly Not As Described claims for wholly or partly custom-made items.

Donations including payments on crowdfunding platforms
Items prohibited by the ePAY Caribbean Acceptable Use Policy.
For Item Not Received claims, items which you collect in person or arrange to be collected on your behalf, including items bought in a seller's store location
Industrial machinery used in manufacturing.
Anything purchased from, or an amount paid to, a government agency.
Stored value items such as gift cards and pre-paid cards
Gambling, gaming and/or any other activity with an entry fee and a prize.
Payments sent using ePAY Caribbean's friends and family functionality.
Payments sent using ePAY Caribbean to any bill payment service.
Payments made using ePAY Caribbean Payouts and Mass Pay or guest checkout transactions (i.e., not sent using your ePAY Caribbean account)

Transaction eligibility for ePAY Caribbean's Purchase Protection program

To be eligible for ePAY Caribbean Purchase Protection, you must meet all of the following requirements:

You have a ePAY Caribbean account in good standing.
You pay for the eligible item from your ePAY Caribbean account.
You respond to ePAY Caribbean's request for documentation and other information within the time requested.
You open a dispute in the Resolution Center within 180 days of the date you sent the payment, then follow our online dispute resolution process.
You have not received a recovery related to such a purchase from another source.

Our online dispute resolution process

If you're unable to resolve a transaction related issue directly with a seller, you must follow our online dispute resolution process through the Resolution Center to pursue a claim under our Purchase Protection program. You may also file a claim (Step 2 below) by calling us and speaking to an agent. The steps you must follow are described below, and if you do not follow these steps, your claim may be denied:

Step 1:Open a dispute within 180 days of the date you made the payment. This might allow you to start a direct conversation with the seller regarding your issue with the transaction that may help resolve the dispute. If you are unable to resolve the dispute directly with the seller, proceed to Step 2. We will place a hold on all funds related to the transaction in the seller's ePAY Caribbean account until the dispute is resolved or closed.

Step 2: Escalate the dispute to a claim for reimbursement within 20 days after opening the dispute. If you and the seller are unable to come to an agreement, or we will automatically close the dispute. You can escalate the dispute to a claim for reimbursement through the Resolution Center. The seller or ePAY Caribbean may also escalate the dispute to a claim at this point. If you are making an Item Not Received claim, ePAY Caribbean may ask you to wait at least seven days from the transaction date to escalate the dispute.

Step 3:Respond to ePAY Caribbean's requests for documentation or other information, after you, the seller or ePAY Caribbean escalates your dispute to a claim for reimbursement. ePAY Caribbean may require you to provide receipts, third party evaluations, police reports, or other documents that ePAY Caribbean specifies. You must respond to these requests in a timely manner as requested in our correspondence with you.

Step 4: Comply with ePAY Caribbean's shipping requests in a timely manner, if you're filing a Significantly Not as Described claim. ePAY Caribbean may require you, at your expense, to ship the item back to the seller, to ePAY Caribbean or to a third party (which will be specified by ePAY Caribbean), and to provide proof of delivery.

Step 5: ePAY Caribbean will decide (including automatically closing any dispute or claim), in its sole discretion, based on the coverage and eligibility requirements set forth above. Any additional information provided during the online dispute resolution process or any other information ePAY Caribbean deems relevant and appropriate under the circumstances.

Note that when you are making Digital Goods Micropayments Purchases, there are special rules that apply and that include pre-determined thresholds where we may, at our discretion, reverse the transaction without requiring you to take further action. We may limit the number of automatic reversals that you benefit from, but even if that is the case, you will still be able to follow ePAY Caribbean 's standard dispute resolution processes described above.

Proof of delivery means:

For transactions that total less than $750 U.S. dollars (or the foreign currency threshold in the table below), confirmation that can be viewed online and includes the delivery address showing at least city/state or zip code, delivery date, and the identity of the shipping company you used.

For transactions that total $750 U.S. dollar (or the foreign currency threshold in the table below) or more, you must provide signature confirmation of delivery.

Signature confirmation foreign currency thresholds

Currency	Transaction value
Australian Dollar	850 AUD
New Zealand Dollar	950 NZD
Brazilian Real	1,750 BRL
Norwegian Krone	4,600 NOK
Canadian Dollar	850 CAD
Philippine Peso	34,000 PHP
Czech Koruna	15,000 CZK
Polish Zloty	2,300 PLN
Danish Krone	4,100 DKK
Russian Ruble	48,000 RUB
Euro	550 EUR
Singapore Dollar	950 SGD
Hong Kong Dollar	6,000 HKD
Swedish Krona	4,950 SEK
Hungarian Forint	170,000 HUF
Swiss Franc	700 CHF
Israeli Shekel	2,700 ILS
Taiwan New Dollar	23,000 TWD
Japanese Yen	77,000 JPY
Thai Baht	24,500 THB
Malaysian Ringgit	3,100 MYR
U.K. Pounds Sterling	450 GBP
Mexican Peso	10,000 MXN
U.S. Dollar	750 USD

Dispute with us or your card issuer

If you used a debit or credit card as the loading method for a transaction through your ePAY Caribbean account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under ePAY Caribbean's Purchase Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items even if they don't qualify for protection under a Significantly Not as Described claim with us.

You must choose whether to pursue a dispute with ePAY Caribbean under our Purchase Protection program or to pursue a dispute with your card issuer. You can't do both at the same time or seek a double recovery. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we'll close your dispute/claim with us. This action won't affect the dispute process with your card issuer. If you pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later.

If you choose to dispute a transaction with ePAY Caribbean and we decide against you, you can seek to pursue the dispute with your card issuer later. If ePAY Caribbean does not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and due to our delay you recover less than the full amount to which you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).

Before contacting your card, issuer or filing a dispute with ePAY Caribbean, you should contact the seller to resolve your issue according to the seller's return policy.

Selling and Accepting Payments

Accepting Payments from Buyers for Goods and Services

Receiving personal payments

If you use your ePAY Caribbean account to receive payments for the sale of goods or services or accept donations, you must:

Pay any applicable fees for receiving the funds.
Not ask your buyer to send you money using the "send money to a friend or family member." If you do so, ePAY Caribbean may remove your ePAY Caribbean account's ability to accept payments from friends or family members.

By integrating into your online checkout/platform, any functionality intended to enable a payer without a ePAY Caribbean account to send a payment to your ePAY Caribbean account, you agree to all further terms of use of that functionality with ePAY Caribbean. We will make this available to you on any page on the Epay Caribbean (including any page for developers and our Legal Agreements page) or online platform. Such further terms include the ePAY Caribbean Alternative Payment Methods Agreement.

No surcharges

You agree that you will not impose a surcharge or any other fee for accepting ePAY Caribbean as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-ePAY Caribbean transactions.

Presentation of ePAY Caribbean

You must treat ePAY Caribbean as payment methods or marks on par with any other payment methods offered at your point of sale where ePAY Caribbean branded services are integrated, including your websites or mobile applications. This includes at least equal or better: logo placement, position within any point of sale and treatment in terms of payment flow, terms, conditions, restrictions, and fees, in each case as compared to other marks and payment methods at your points of sale. Further, you must not present any payment method or mark upstream (or at an earlier point in the checkout experience) from the presentment of any of ePAY Caribbean services or marks.

In representations to your customers or in public communications, you must not mischaracterize any ePAY Caribbean or exhibit a preference for other payment methods over ePAY Caribbean. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using ePAY Caribbean or encourage the customer to use an alternate payment method. If you enable your customers to pay you with ePAY Caribbean, whenever you display or exhibit the payment methods that you accept, (either within any point of sale or in your marketing materials, advertising, and other customer communications) you agree to display the ePAY Caribbean's payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods. ePAY Caribbean must give prior authorization to use ePAY Caribbean's marks before use.

Taxes and information reporting

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "taxes"). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive. It is solely your responsibility to assess, collect, report, and remit the correct taxes to the appropriate authority. ePAY Caribbean is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. For example- ePAY Caribbean is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all of your ePAY Caribbean accounts associated with the same tax identification number if you receive more than $25,000 in payments for good and services, and process more than 200 transactions involving goods or services through those ePAY Caribbean accounts in the same calendar year.

Your customer service information, refunds, and returns policy, and privacy policy

You must publish customer service information with clear instructions on how your customers can contact you. Such instructions must include at least: (1) one active customer service email address or active customer service URL to file tickets for assistance and (2) at least one active customer service telephone number. Such information must be readily accessible for review by your customers.

You must publish a refund and returns policy.

You must publish a privacy policy, where required by law.

Payment review

ePAY Caribbean reviews certain potentially high-risk transactions. If ePAY Caribbean determines, at its sole discretion, that a transaction is high-risk, we place a hold on the payment and notify you to delay shipping item. ePAY Caribbean will conduct a review and either complete or cancel the payment. If the payment is completed, ePAY Caribbean will provide notice to you to ship the item. Otherwise, ePAY Caribbean will cancel the payment, and the funds will be returned to the buyer unless we are legally required to take other actions. All payments that complete this payment review will be eligible for ePAY Caribbean Seller Protection coverage if they meet the ePAY Caribbean Seller Protection requirements. We will notify you about payment reviews by email and/or through your ePAY Caribbean account.

In-store payments

If you accept ePAY Caribbean payments at your physical store, you must communicate the transaction's total amount to the customer before it takes place. You may charge your customer's account only for transactions that they have authorized. You must also provide customers with a physical receipt if they request one. You agree that any transaction that you make shall have an accurate and true description of the goods and services being purchased.

Marketplace sellers

If you're a seller on a marketplace or through a third-party application where ePAY Caribbean is offered, you must comply with any rules that apply to the marketplace or the third-party application's buyer protection program for sales you make through that forum. Any such protections may require you to take certain actions and may impact how claims are processed.

Card not present transactions

Whenever a buyer uses an ePAY Caribbean as the payment method for a transaction using their account to buy something from you as a seller, the transaction will be processed as a "card not present" transaction, even if the buyer is at your store location.

Accepting preauthorized payments

As a seller, you can accept payments from a buyer's account through pre-authorized transfers on a one-time, regular, or sporadic basis. This type of transaction is sometimes called a "billing agreement," "subscription," "recurring payment," "reference transaction," "pre-approved payment," or "automatic payment."

If you receive preauthorized payments from buyers:

You must:

Get each buyer's prior authorization for the amount, frequency, and duration of any such payment.
Provide a simple and easily accessible online cancelation procedure, if buyers sign up for preauthorized payments online.
Provide buyers the ability to stop any such payment up to 3 Business Days before the date scheduled for payment.
Notify the buyer at least ten days in advance of the amount and date of each pre-authorized payment if the pre-authorized payment will vary from the pre-authorized amount; or (at the buyer's option), any payment is in an amount that falls outside of the predetermined range.

You must not:

Restart future payments without the buyer's written authorization, if a buyer has stopped or canceled a preauthorized payment.

Transaction Fees for Online and In-Store Payments

Your ePAY Caribbean transaction fees depend on:

the country of the buyer's account or the currency of their card;
whether you are registered as a charitable organization. Your charity status must be documented with ePAY Caribbean to receive the rates applicable to charitable organizations, and those rates will apply only after your status is recorded with us.

Standard transaction fees

The fees you pay when selling goods or services and the buyer pays using their ePAY Caribbean account (or using another authorized wallet) can be found on the Standard Transaction Fees table. The fees applicable to charitable organizations can be found on the Standard Transaction Fees for Charitable Organizations table for the charitable fees. Please note that:

We may adjust the fees applicable to future transactions that you process using ePAY Caribbean. We will provide you at least twenty-one days advance notice for personal ePAY Caribbean accounts and at least five days advance notice for business ePAY Caribbean accounts of any fee increase or the introduction of a new type of fee.
If you refund a transaction to a buyer or a donation to a donor, there are no fees to make the refund, but the fees you originally paid as the seller are not returned. Should you accept payments using an ePAY Caribbean product, the fees applicable to those products will apply to your transactions.

Micropayments fees

You may qualify to receive micropayments pricing for the sale of goods and services through your ePAY Caribbean account, if your transactions typically average less than $10. To qualify, you must have an ePAY Caribbean account that is in good standing (for example, no limitations or negative balance). You must submit an application and have it approved by us.

If your ePAY Caribbean account is approved to accept micropayments, then the fees found on the Micropayment Fees table will apply to all transactions for the sale of goods or services processed through your ePAY Caribbean account, instead of Standard Transaction Fees. If you have multiple ePAY Caribbean accounts, you must route your micropayments transactions through the appropriate account. Once a transaction is processed, ePAY Caribbean will not re-route the transaction through a different account.

ePAY Caribbean Payouts and Mass Pay fees

ePAY Caribbean 's Payouts and Mass Pay services let you send multiple payments in one batch to send commissions, rebates, rewards, and general payments. You may be able to choose to send payments to PAY Caribbean accounts, Venmo accounts, or both. To use these services, you must have:

a business ePAY Caribbean account in good standing and with no withdrawal limits.
applied for and received our permission to use these services.

We may remove your ability to use Payouts or Mass Pay at any time if there is a higher than acceptable level of risk associated with your use of those services.

The amount you will pay us for these services differs according to whether you use the Payouts service or Mass Pay service, how you send the payments, and the currency of those payments. These fees can be found in the ePAY Caribbean Payouts and Mass Pay Fees table.

You can send money through Payouts or Mass Pay even if your receiver does not have an ePAY Caribbean, using their email address or mobile number. If the person to whom you are sending money does not have a relevant account, they can claim it by opening one for free. If they don't claim it, it will be refunded to you in thirty (30) days. ePAY Caribbean is not liable for amounts sent by you in error. ePAY Caribbean shall have no responsibility to reverse any payout payment.

Refunds, Reversals, and Chargebacks

General information

If you receive a payment for selling goods or services that are later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is refunded or otherwise reversed, ePAY Caribbean will refund or reverse the transaction from your ePAY Caribbean account.

If a currency conversion is necessary (for example if the balance in your Personal or your business ePAY Caribbean accounts for a particular currency is insufficient to cover the amount of a refund or reversal, or if the buyer paid in a different currency), ePAY Caribbean will perform currency conversion in order to refund or reverse the transaction. ePAY Caribbean 's transaction exchange rate (including our currency conversion spread) at the time the refund or reversal is processed will be used.

If you refund a payment for goods or services, there are no fees to make the refund, but the fees you originally paid as the seller are not returned to you. The amount of the refunded payment will be deducted from your ePAY Caribbean account.

Payments that are invalidated and reversed

Payments to you may be invalidated and reversed by ePAY Caribbean if:

You lose an ePAY Caribbean Purchase Protection claim submitted to us by a buyer, as a result of your failure to respond in a timely manner.
Your buyer pursues a chargeback related to a card-funded transaction, and the transaction is not eligible for ePAY Caribbean Seller Protection. The card issuer, not ePAY Caribbean, determines whether a buyer is successful when they pursue a chargeback related to a card-funded transaction.
You do not fulfill the transaction as promised, or you cannot provide proof of shipment or proof of delivery when required.
ePAY decides against you under its money-back guarantee program (and you haven't opted out).
Our investigation of a bank reversal made by a buyer or the buyer's bank finds that the transaction was fraudulent.
ePAY Caribbean sent the payment to you in error.
The payment was unauthorized.
You received the payment for activities that violated this user agreement or any other agreement between you and ePAY Caribbean

When you receive a payment, you are liable to ePAY Caribbean for the full amount of the payment sent to you plus any fees if the payment is later invalidated or reversed for any reason. If the buyer paid in another currency, the full amount of that payment may be calculated in that currency, using the ePAY Caribbean transaction exchange rate (including our currency conversion spread), which applies when the refund or reversal is processed.

If the balance in your Personal or Business ePAY Caribbean accounts doesn't cover the payment amount due plus the fees, we may use any of the payment methods linked to your ePAY Caribbean account to cover the amount due. If the payment methods linked to your ePAY Caribbean account don't cover the amount due, this will result in a negative balance. A negative balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your balance to resolve it. If you don't, ePAY Caribbean may:

engage in collection efforts to recover the amount due by you.
take any or all action as outlined under Amounts owed to ePAY Caribbean; or
place a limitation or take other action on your ePAY Caribbean account as outlined under Restricted Activities and Holds.

Chargeback fees

If you receive a debit or credit card-funded payment through your ePAY Caribbean account and the buyer pursues a chargeback for the transaction with their card issuer, then ePAY Caribbean will not assess you with a chargeback fee if the transaction is eligible for ePAY Caribbean Seller Protection. However, if the transaction is ineligible for ePAY Caribbean Seller Protection, ePAY Caribbean will assess you with a chargeback fee (for facilitating the chargeback process) regardless of whether the buyer is successful in pursuing the chargeback with the card issuer.

The applicable chargeback fee will be deducted from your ePAY Caribbean account. The chargeback fee is $20 for transactions in XCD, or the amount specified on the Chargeback Fees table in the currency of the original transaction.

Impact of various purchase protection processes on sellers

You should read and understand ePAY Caribbean's Purchase Protection program. If you sell goods and services to buyers with ePAY Caribbean accounts in countries other than your own, you also should be familiar with the purchase protection available to buyers in each of those countries. Buyers' rights under these programs may impact you as a seller. You can find information about ePAY Caribbean's protection programs on the Legal Agreements page by selecting your buyer's location at the top of the page and referring to the corresponding user agreement.

If you lose a claim under ePAY Caribbean's Purchase Protection program in any country, you must forfeit the purchase price of the item in its entirety and the original shipping cost. In some cases, you may not receive the item back. You will not receive a refund of the ePAY Caribbean fees that you paid in connection with the sale.

If the claim was that the item received was Significantly Not as Described, you will generally be required to accept the item back. If the claim was that the item received was Significantly Not as Described and related to an item you sold that is counterfeit, you will be required to provide a full refund to the buyer, and you may not receive the item back (it will be destroyed).

If you accept ePAY Caribbean payments from buyers for goods or services you sell through ePAY, you need to read and understand the ePAY Money Back Guarantee program. Unless you opt-out by calling ePAY. ePAY Caribbean will treat your buyers' decisions under that program as a basis for reversing an ePAY Caribbean payment made to you. If the balance in your personal or business ePAY Caribbean account is insufficient to cover the amount, we may:

place a hold on your ePAY Caribbean account until sufficient funds become available in your ePAY Caribbean account to cover the amount, or
create a negative balance in your ePAY Caribbean account.

ePAY Caribbean's Seller Protection Program

What's eligible

If you sell something to a buyer and the transaction is later disputed or reversed under Reversals, Claims, or Chargebacks, you may be eligible for reimbursement under ePAY Caribbean's Seller Protection program. When it applies, ePAY Caribbean's Seller Protection program entitles you to retain the full purchase amount. We will waive any related chargeback fees paid (for debit and credit card-funded transactions). There is no limit on the number of payments for which you can receive coverage. By accessing the transaction details page in your ePAY Caribbean account, you can determine whether your transaction is eligible for protection under this program or not.

ePAY Caribbean's Seller Protection program may apply when a buyer claims that:

They did not authorize, or benefit from, funds sent from their ePAY Caribbean account (referred to as an "Unauthorized Transaction" claim); or
They didn't receive the item from you (referred to as an "Item Not Received" claim).

ePAY Caribbean's Seller Protection program may also apply when a transaction is reversed because of a successful chargeback by a buyer or when a bank funded payment is reversed by the buyer's bank.

This section describes ePAY Caribbean's Seller Protection program as it applies to you, but you should also be familiar with the impact of various purchase protection processes on sellers.

Basic requirements

To be eligible for ePAY Caribbean's Seller Protection, you must meet all of the following requirements:

The primary address for your ePAY Caribbean account must be in the OECS, Jamaica or Barbados.
The item must be a physical, tangible good that can be shipped.
You must ship the item to the shipping address on the transaction details page in your ePAY Caribbean account for the transaction. If you originally ship the item to the recipient's shipping address on the transaction details page, but the item is later redirected to a different address, you will not be eligible for ePAY Caribbean Seller Protection. We, therefore, recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery.
You must respond to ePAY Caribbean's requests for documentation and other information in a timely manner as requested in our email correspondence with you or our correspondence with you through the Resolution Center. If you do not respond to ePAY Caribbean's request for documentation and other information in the time requested, you may not be eligible for Seller Protection.

You must ship within the timeframe you specified in the listing if the sale involves pre-ordered or made-to-order goods. Otherwise, it is recommended that you ship all items within seven days after receipt of payment.

Item Not Received Additional Requirements

To be eligible for ePAY Caribbean's Seller Protection program for a buyer's Item Not Received claim, you must meet both the basic requirements listed above and the additional requirements listed below:

Where a buyer files a chargeback with the issuer for a card-funded transaction, the payment must be marked "eligible" for ePAY Caribbean's Seller Protection on the Transaction Details page.

You must provide proof of delivery, as described below.

Unauthorized Transactions additional requirements

To be eligible for ePAY Caribbean's Seller Protection program for a buyer's Unauthorized Transaction claim, you must meet both the basic requirements listed above and the additional requirements listed below:

The payment must be marked "eligible" or "partially eligible" for ePAY Caribbean's Seller Protection on the Transaction Details page. You must provide proof of shipment or proof of delivery, as described below.

Establishing Proof of delivery or Proof of shipment

The following is required as Proof of shipment; Proof of delivery; Online or physical documentation from a shipping company that includes:

Date of shipment
An address for the recipient that matches the shipping address on the Transaction Details page
An address for the recipient showing at least the city/state, city/country, or zip/postal code (or international equivalent).

Online or physical documentation from a shipping company that includes:

Date of delivery and "delivered" status
An address for the recipient that matches the shipping address on the Transaction Details page
An address for the recipient showing at least the city/state, city/country, or zip/postal code (or international equivalent).
Signature confirmation if the full payment, including shipping and taxes, exceeds a fixed amount (based on the currency of the payment) from the signature confirmation threshold table below. Signature confirmation is online documentation that is viewable at the shipping company's website, indicating that it was signed for.

Your choice of carrier and shipment options with that carrier can greatly impact your ability to meet the Proof of delivery requirements. Please ensure that your carrier can provide ‘delivered' status at the correct address, especially when shipping goods internationally, or your Seller Protection claim may be denied.

Signature confirmation foreign currency thresholds

Currency	Transaction value
Australian Dollar	850 AUD
New Zealand Dollar	950 NZD
Brazilian Real	1,750 BRL
Norwegian Krone	4,600 NOK
Canadian Dollar	850 CAD
Philippine Peso	34,000 PHP
Czech Koruna	15,000 CZK
Polish Zloty	2,300 PLN
Danish Krone	4,100 DKK
Russian Ruble	48,000 RUB
Euro	550 EUR
Singapore Dollar	950 SGD
Hong Kong Dollar	6,000 HKD
Swedish Krona	4,950 SEK
Hungarian Forint	170,000 HUF
Swiss Franc	700 CHF
Israeli Shekel	2,700 ILS
Taiwan New Dollar	23,000 TWD
Japanese Yen	77,000 JPY
Thai Baht	24,500 THB
Malaysian Ringgit	3,100 MYR
U.K. Pounds Sterling	450 GBP
Mexican Peso	10,000 MXN
U.S. Dollar	750 USD

Ineligible items and transactions

Your sale is not eligible for coverage under ePAY Caribbean's Seller Protection program if:

It involves intangible, non-physical items, including digital goods and services. Digital goods are delivered and used in an electronic format, like a song delivered online or through a mobile application.
The buyer claims (either with us or their card issuer) that the item you sent isn't what was ordered (referred to as a "Significantly Not as Described" claim)
It involves an item that ePAY Caribbean determines, in its sole discretion, is a counterfeit item.
It involves an item that you deliver in person, including in connection with a payment made in your physical store.
It involves sales that are not processed either through a buyer's ePAY Caribbean account. For example, if the sale was made using the ePAY Caribbean Payments product, ePAY Caribbean business payments, or using ePAY Caribbean. Here, then it is not eligible for coverage.
It involves items equivalent to cash, including gift cards.
It involves a donation.
It relates to the purchase of a financial product or investment of any kind.
It involves a payment sent using ePAY Caribbean's friends and family functionality.
It involves a payment made using ePAY Caribbean Payouts and Mass Pay.
The item is a vehicle, including, but not limited to, a motor vehicle, motorcycle, recreational vehicle, aircraft or boat.

ePAY Caribbean Advertising Program

The ePAY Caribbean Advertising Program enables you to promote ePAY Caribbean services, including ePAY Caribbean Credit, through ePAY Caribbean -hosted banners and buttons on your websites or in your customer emails. ePAY Caribbean may change the content provided through this program at any time for any reason, and ePAY Caribbean may choose to discontinue the ePAY Caribbean Advertising Program at any time.

If you participate in this program:

You must:

Comply with all integration requirements provided by ePAY Caribbean or each authorized third party, including those with respect to accurate presentation of all ePAY Caribbean related information.
Only use the HTML code for ePAY Caribbean content as provided by ePAY Caribbean.
Use the ePAY Caribbean content in its entirety with all the links and language provided by ePAY Caribbean and without modification by you. Create, display, or host your own ePAY Caribbean content, unless authorized by ePAY Caribbean in writing.
Immediately remove all ePAY Caribbean content from your sites and customer communications and/or cooperate with ePAY Caribbean or your third-party provider to do so, if you stop using a qualifying ePAY Caribbean payments solution.
Keep all ePAY Caribbean content current and up to date, including by cooperating with ePAY Caribbean to manually update the ePAY Caribbean content as it appears on your sites or in your communications, and repair or reinstall the HTML code to facilitate future updates. Display any non-current ePAY Caribbean content.
Comply with applicable advertising laws, regulations, and standards issued by governmental authorities or advertising self-regulatory bodies in your jurisdiction.

You must not:

Modify any ePAY Caribbean content or its presentation in any way.
Copy ePAY Caribbean content from other websites.
Post ePAY Caribbean content on social media networks or platforms or anywhere else, unless authorized by ePAY Caribbean in writing.

There are additional requirements that apply if you promote the use of ePAY Caribbean on your sites and customer communications through the ePAY Caribbean Advertising Program. If you receive customer inquiries relating to ePAY Caribbean, you must direct the customer to ePAY Caribbean Credit Customer Service at (767) 265-7999. If a customer cannot process a transaction using ePAY Caribbean, you are prohibited from communicating any reason for the decline to the customer on ePAY Caribbean's behalf. You are also prohibited from representing or holding yourself out to represent ePAY Caribbean in any way.

You are responsible for any damages suffered by ePAY Caribbean or any third parties resulting from your failure to follow the rules of the ePAY Caribbean Advertising Program. If you violate these rules, ePAY Caribbean may modify or remove the ePAY Caribbean content you are presenting or require you to remove or modify it immediately. If you fail to follow these rules, we may limit or close your ePAY Caribbean account and seek legal redress.

Restricted Activities and Holds

Restricted Activities

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

Breach this user agreement, 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 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 funds.
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 funds from both ePAY Caribbean and the seller, bank or 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;
Use your ePAY Caribbean account or the ePAY Caribbean services in a manner that ePAY Caribbean, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
Allow your ePAY Caribbean account 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, 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.
Use the ePAY Caribbean services to test credit card behaviors.
Circumvent any ePAY Caribbean policy or determinations about your ePAY Caribbean account 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 an account has a negative balance or has been restricted, suspended or otherwise limited;
Open 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:

Terminate this user agreement, limit your ePAY Caribbean account (and any linked Digital Value), and/or close or suspend your ePAY Caribbean account (and any linked Digital Value), 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 money with any of the payment methods linked to your ePAY Caribbean account, restricting your ability to send money or make withdrawals;
Hold the balance in your Personal ePAY Caribbean account, the balance in your business ePAY Caribbean account or any money waiting to be claimed through your personal ePAY Caribbean account if you do not have a Digital Value linked to your personal ePAY Caribbean account, for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
Suspend your eligibility for ePAY Caribbean's Purchase Protection program and/or ePAY Caribbean's Seller Protection program.
Contact buyers who have purchased goods or services from you using ePAY Caribbean, your bank or credit card issuer, other impacted third parties or law enforcement about your actions.
Update inaccurate information you provided us.
Take legal action against you.

If you've violated our Acceptable Use Policy, then you're also responsible for damages to ePAY Caribbean caused by your violation of this policy. If you are a seller and you violate the Acceptable Use Policy, 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.

You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of ePAY Caribbean's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to ePAY Caribbean that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. 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 ePAY Caribbean services for any reason, we'll provide you with notice of our actions and make any unrestricted funds held in the balance of your Digital Value linked to your personal ePAY Caribbean account or in the balance of your business ePAY Caribbean account, or any money waiting to be claimed through your personal ePAY Caribbean account if you do not have a Digital Value linked to your personal ePAY Caribbean account, available for withdrawal.

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 this agreement, and/or your use of the ePAY Caribbean services.

Holds, Limitations, and Reserves

What are holds, limitations, and reserves

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 notifications concerning the limitation, hold, or reserve.

Our decision about holds, limitations, and reserves 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. Additionally, 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.

In order to facilitate ePAY Caribbean's actions described above and allow us to assess the level of risk associated with your ePAY Caribbean account, you agree to cooperate with ePAY Caribbean's reasonable requests for financial statements and other documentation or information in a timely fashion.

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. Some common situations where ePAY Caribbean will hold payments include:

New sellers or sellers who have limited selling activity

Payments for higher-risk categories like electronics or tickets
Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes
Holds based on ePAY Caribbean 's risk decisions

We may place a hold on payments sent to your ePAY Caribbean account if, in our sole discretion we believe that there may be a high level of risk associated with you, your ePAY Caribbean account, or your transactions; or that placing such a hold is necessary to comply with governmental regulatory requirements (as applicable). 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 funds 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 SMS 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 (for example, if you've uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction, as discussed in the following paragraph below. In this case, we'll hold the payment in your ePAY Caribbean account until the matter is resolved (but no longer than 180 days).

Holds related to Marketplace transactions

If you're a seller in a marketplace or via a third-party application where ePAY Caribbean is offered, a hold may be placed on a payment sent to you at the instruction of the applicable marketplace or third-party. This is done once you have granted us permission to have your funds held and will be in accordance with your agreement with the third-party. These holds will appear in your ePAY Caribbean account.

If you have questions about why the applicable marketplace or third party instructed ePAY Caribbean to put these holds in place, you will need to directly contact the marketplace or third-party.

Holds based on disputed transactions

If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your ePAY Caribbean account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals, and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we'll lift the temporary hold. If we determine the transaction should be reversed, we'll remove the funds from your ePAY Caribbean account.

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 ePAY Caribbean account could be limited, including:

If we suspect someone could be using your ePAYCaribbean account without your knowledge, we'll limit it for your protection and look into the fraudulent activity.
If your debit or credit card issuer alerts us that someone has used your card without your permission; similarly, if your bank lets us know that there have been unauthorized transfers between your ePAY Caribbean account and your bank account.
To comply with applicable law
If we reasonably believe you have breached this agreement 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 account before a limitation can be removed. Typically, 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.

Reserves placed on business ePAY Caribbean accounts

We may place a reserve on your business ePAY Caribbean account at any time if we believe there may be a high level of risk associated with you, your business ePAY Caribbean account, your business model, or your transactions. When we place a reserve on your business ePAY Caribbean account, it means that all or some portion of the money in your business ePAY Caribbean account is reserved as unavailable for withdrawal. This is necessary to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your business ePAY Caribbean account or use of ePAY Caribbean's services. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and third parties.

ePAY Caribbean considers a list of non-exclusive factors and whether and how these factors have changed over time, including:

How long you have been in business
Whether your industry has a higher likelihood of chargebacks
Your payment processing history with ePAY Caribbean and other providers
Your business and/or personal credit history.
Your delivery time frames.
Whether you have higher than average number of returns, chargebacks, claims or disputes

There are two types of reserves that may be placed on your business ePAY Caribbean account, and one or both may be applied simultaneously:

A Rolling reserve is a reserve where a percentage of each transaction you receive each day is held and then released later on a scheduled basis. For example, your reserve could be set at 10% and held for a 90-day rolling period – meaning 10% of the money you receive on day one is held and then released on day 91, 10% of the money you receive on day two is held until day 92, etc. Rolling reserves are the most common type of reserve.
A Minimum reserve is always a specific minimum amount of money that you're required to keep available in the balance of your business ePAY Caribbean account . The minimum reserve is either taken as an upfront amount deposited all at once or is established on a rolling basis from percentages of sales until the minimum reserve is achieved, much like a rolling reserve.

If we place a reserve on funds in your account, the funds will be shown as "pending" and we'll notify you of the terms of the reserve.

If we change the terms of the reserve due to a change in our risk assessment, we'll notify you of the new terms.

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 reserve or limitation on your ePAY Caribbean account, or releasing your funds. 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 ePAY Caribbean account. When we implement a hold, reserve, or limitation as a result of a court order, applicable law, regulatory requirement, or other legal processes, the hold, reserve or limitation may remain longer than 180 days.

Liability for Unauthorized Transactions and Other Errors

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Epay Caribbean account, you should regularly log into your ePAY Caribbean account and review your ePAY Caribbean account statement. ePAY Caribbean 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.

ePAY Caribbean will protect you from unauthorized activity in your ePAY Caribbean account. When this protection applies, ePAY Caribbean 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 money is sent from your ePAY Caribbean account that you did not authorize, which did not benefit you. For example, if someone steals your password, uses the password to access your ePAY Caribbean account, and sends a payment from your ePAY Caribbean account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

If you give someone access to your ePAY Caribbean account (by giving them your login information) and they use your ePAY Caribbean account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment resulting from actions described under Refunds, Reversals, and Chargebacks

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,
30 Independence Street, Roseau,
Commonwealth of Dominica

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

If your ePAY Caribbean account 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 money you lost after the 60 days if we can prove that we could have stopped someone from taking the money 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 considered to be an Error

An "Error" means the following:

When money is either incorrectly taken from your ePAY Caribbean account or incorrectly 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 ePAY Caribbean account.
An incorrect amount is credited to your ePAY Caribbean account.
A transaction is missing from or not properly identified in your ePAY Caribbean account statement.
We make a computational or mathematical error related to your ePAY Caribbean account.

You may:

Request a receipt or periodic statement documents that ePAY Caribbean is required to provide to you.
Information concerning preauthorized (recurring) transfers to your ePAY Caribbean account that ePAY Caribbean is required to provide you
Request additional information or clarification concerning a transfer to or from your ePAY Caribbean account, including a request you make to determine whether an error has occurred.
Inquire about the status of a pending transfer to or from your ePAY Caribbean account.
Request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes.

What is not considered to be 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 ePAY Caribbean account 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 Digital Value or business ePAY Caribbean account, or any money waiting to be claimed through your personal ePAY Caribbean account if you do not have a Digital Value linked to your personal ePAY Caribbean account
Requests for duplicate documentation or other information for tax or other record keeping purposes

In case of errors or questions about your electronic transfers

Please telephone us at (767) 265-7999, contact us through the ePAY Caribbean Resolution Center, or write us at:

ePAY Caribbean,
Attn: Error Resolution Department,
30 Independence Street,
Roseau, 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.

Let us know 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 require 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. However, if we need more time, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your ePAY Caribbean account within 10 Business Days for the amount you think is in error, so that you will have the use of the money 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 ePAY Caribbean account.

For errors involving new ePAY Caribbean accounts, point-of-sale transactions, or foreign-initiated 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 ePAY Caribbean account for the amount you think is in error.

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 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 receive less than the correct amount to which you were entitled, then we will credit your ePAY Caribbean account for the difference between what you should have received and what you actually received.
You receive more than the correct amount to which you were entitled, then we will debit your ePAY Caribbean account for the difference between what you actually received and what you should have received.
If we do not complete a transaction on time or in the correct amount, 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;
If 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, limitations, or reserves.
Delays based on a payment review
Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.
Your errors in making a transaction (for example, mistyping an amount of money that you are sending)

Remittance Transfer Errors

What is a Remittance Transfer?

You may be protected for certain errors when you send money using an ePAY Caribbean account outside of the OECS. A "Remittance Transfer" is a transaction that meets the following criteria:

The payment is sent from a personal 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 ePAY Caribbean account,
The payment amount equals or exceeds $15USD (excluding fees charged to you) or the foreign currency equivalent calculated using exchange rates in effect at the time of the transaction, and
The recipient of the payment has an ePAY Caribbean account in a country outside the OECS
Payments that you make at a merchant website or location by selecting ePAY Caribbean as a payment option are not "Remittance Transfers."

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 is 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 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 recordkeeping 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 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
Please write to us at:
ePAY Caribbean,
Attn: Error Resolution Department,
30 Independence Street,
Roseau, Commonwealth of Dominica or
Log in to your 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,
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 his or her telephone number or address, if you know it,
the dollar amount of the transfer, and the confirmation code.

We will determine whether an error occurred within 90 days of contact, and we will promptly correct any error. 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.

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 phone number with third parties for their own 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 minute and text charges may apply.

ePAY Caribbean may communicate with you about your ePAY Caribbean account 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 Inc.,
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 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 this user agreement, 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. Upon termination of this user agreement, the payment to you of any unrestricted funds held in your ePAY Caribbean account.

Security interest

As security, for the performance of your obligations under this user agreement, you grant to ePAY Caribbean a lien on and security interest in and to, value held in your ePAY Caribbean account.

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 funds 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 a balance in your other ePAY Caribbean account(s), including Digital Value. 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 account when that combination is disclosed to you in advance of initiating the debit or transaction.

If you hold funds in an ePAY Caribbean account in multiple currencies, and the balance for one of the currencies becomes negative for any reason, ePAY Caribbean may set off the negative balance by using funds you maintain in a different currency. If you have a negative balance in non-XCD for a period of 21 days or longer, ePAY Caribbean will convert this negative balance to XCD. In either case, a currency conversion will be necessary, and ePAY Caribbean's transaction exchange rate (including our currency conversion spread) will be applied.

In addition to the above, if you have a past due amount owed to us or our affiliates, ePAY Caribbean may debit your ePAY Caribbean account to pay for any past due.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the Bankruptcy Code in your country, as amended, or under any other bankruptcy or insolvency law, we'll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.

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, at ePAY Caribbean's discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement 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 Inc., our parent Maxwell Technologies Ltd., and our affiliates, and each of their respective directors, officers, employees, agents, joint ventures, service providers, and suppliers. Our affiliates include each entity that we control, and we are controlled by or under common control.

Indemnification

You must indemnify ePAY Caribbean for actions related to your ePAY Caribbean account and your use of 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 this user agreement. Your improper use of ePAY Caribbean's 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 ePAY Caribbean account, or access our websites, software, systems (including any networks and servers used to provide any of ePAY Caribbean services) operated by us or on our behalf, or any of the ePAY Caribbean's services on your behalf.

Limitation of liability

ePAY Caribbean's liability is limited with respect to your ePAY Caribbean account and your use of ePAY Caribbean's 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 ePAY Caribbean's services) operated by us or on our behalf of the ePAY Caribbean services; or this user agreement (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. 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 ePAY Caribbean's services) operated by us or on our behalf, or any of ePAY Caribbean's services.
(2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of ePAY Caribbean's services) operated by us or on our behalf and any of ePAY Caribbean's services.
(3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of ePAY Caribbean's services) operated by us or on our behalf or any of ePAY Caribbean's services or any website or service linked to our websites, software or any of ePAY Caribbean's 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 ePAY Caribbean's services) operated by us or on our behalf or any of ePAY Caribbean's 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 ePAY Caribbean account; 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 this user agreement or ePAY Caribbean's policies.

Disclaimer of Warranty and Release

No warranty

ePAY Caribbean's 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 ePAY Caribbean's services are dependent upon many factors outside of our control, such as delays in the banking system or local or international mail service. Some countries do not allow the disclaimer of implied warranties, so the preceding 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 a written notice, and the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement 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 8:00 AM to 8:00 PM and Sat-Sun 9:00 AM to 6:00 PM PT.

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 governmental statutory claims, common law claims. 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. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and ePAY Caribbean agree that each party 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 this user agreement 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 Inc.,
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 $10,000XCD 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 $10,000XCD 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 $10,000XCD 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 this user agreement for the first time. You must mail the opt-out notice to:

ePAY Caribbean Inc.,
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 user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous or future arbitration agreements you may have with us.

Future Amendments to this Agreement to Arbitrate

Notwithstanding any provision in the user agreement 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 epaycaribbean.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," "ePAY," and all logos related to the ePAY Caribbean service 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 ePAY Caribbean's services. You may not alter, modify or change these HTML logos in any way, or use them in a manner that mischaracterizes ePAY Caribbean or ePAY Caribbean's 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 the 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's 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 ePAY Caribbean's 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 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 ePAY Caribbean's 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, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, 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:

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

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without ePAY Caribbean's prior written consent. ePAY Caribbean may transfer or assign this user agreement or any right or obligation under this user agreement 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 the Commonwealth of Dominica Holidays include:

New Year's Day (Jan 1), Carnival Monday & Tuesday, Good Friday, Easter Monday, Labour Day, Pentecost Monday, Independence Day (Nov 3), Community Day of Service (Nov 4), Christmas Day (Dec 25) and Boxing Day (Dec 26). If a holiday falls on a Saturday or 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. Remember that if you don't send the payment through your ePAY Caribbean account, you're not covered by ePAY Caribbean Purchase Protection. 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 one or more years, ePAY Caribbean may close your ePAY Caribbean account and send any funds in the ePAY Caribbean account, including any balance in linked Digital Value to your primary address -if we have verified the required identifying information that you have provided to us. ePAY Caribbean will determine your residency based on the address listed in the primary address of your ePAY Caribbean account. If your address is unknown or registered in a foreign country, the funds in your ePAY Caribbean account, including any balance in linked Digital Value will be escheated to the applicable country.

Where required, ePAY Caribbean will send you a notice prior to escheating any funds in your ePAY Caribbean account, including any balance in linked Digital Value. If you fail to respond to this notice within three months, the funds in your ePAY Caribbean account, including any balance in linked Digital Value will be escheated to the applicable country. If you would like to claim any escheated funds from the applicable state, please contact the applicable state's unclaimed property administrator.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the Commonwealth of Dominica, without regard to principles of conflict of laws, will govern this user agreement 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 another source; 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 ePAY Caribbean account and/or the ePAY Caribbean services in the event that, after reasonable inquiries, 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 funds kept in your 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 this agreement, 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 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 this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement 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 account or your relationship with ePAY Caribbean. Restricted transactions generally include, but are not limited to- transactions in which gambling businesses knowingly accept credit, electronic fund transfers, checks, or drafts in connection with unlawful Internet gambling/gaming.

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's 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 this agreement, 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 this agreement.

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 this agreement. If you process personal data from Europe pursuant to this agreement, 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.