PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE MOIPAYWAY WEBSITE AND SERVICES. BY USING THE MOIPAYWAY SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE AND SERVICES.

These Terms and Conditions (the “Terms”) govern the use of the MoiPayWay website, services, application programming interfaces (APIs), products, and platform (collectively, the “Services”) provided by MoiPayWay and its affiliates (“MoiPayWay,” “we,” “our” or “us”). Please review these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services. By using our Services, you represent and warrant that you have the authority to agree to these Terms. In these Terms, “you” or “User” or “your” refers to your business organization.

DEFINITIONS

“Third Party” means any individual, association, partnership, firm, company, corporation, consultant, subcontractor, or a combination thereof, including joint ventures, that is not a party to these Terms. “User” means any registered and accredited business or organization by MoiPayWay to operate and use the MoiPayWay Account. “User Data” means any data, information, documents, or materials submitted by the User to MoiPayWay prior to or during the use of the Site. “MoiPayWay Account” means the wallet account created by MoiPayWay on its platform for the benefit of the User upon MoiPayWay’s approval of the User’s request to create a profile on its platform.

SCOPE

These Terms govern the conditions under which the User will access and utilize the Services. Any use of the Site by the User implies the User’s full and unreserved acceptance of these Terms. By accepting these Terms, the User acknowledges having reviewed them in their entirety and waives any ability to invoke contradictory documentation. MoiPayWay reserves the right to modify these Terms at any time. The relationship between the Parties will always be governed by the most recent version of the Terms available on the date of the User’s access and use of the Site. In the event of modifications to these Terms, the User will be required to agree to the new terms and conditions, which will be applicable as from the date of acceptance.

ACCOUNT CREATION

Prior to using the Services, you must:

(a) Accept and agree to these Terms and our Privacy Policy.

(b) Register with us on the Site and create an account (“Account”).

(c) Be duly registered under the relevant and applicable laws in your jurisdiction.

During registration, you will be required to provide information to verify your business and the identity and/or information of its promoters (“User Information”), including but not limited to:

i. Registration documents

ii. A valid physical address, phone number

iii. Bank account information

iv. A copy of the photo identification of the promoters or directors

v. Tax identification information.

You may also be required to provide additional information or documentation to allow us to verify your business and/or your Account information. We reserve the right to verify the information you provide against third-party databases or other sources, and you authorize us to make such inquiries. Upon successful registration and provision of required documents, MoiPayWay will review your application and notify you of the approval or rejection. Your application may be rejected if you are unable to submit the required KYC verification details or for any other reason communicated to you. Upon successful registration, we will create a MoiPayWay Account for you on our Platform. You will be required to fund the Account for transactions on our Platform. You may add more than one user from your organization, and access levels for each user will depend on your preferences.

PAYMENT NOTIFICATION

MoiPayWay will update you on the status of your payments made via the platform. Once a transaction is completed, we will send you an email notification. We will also provide receipts and update the payment status of your transaction. Please note that MoiPayWay will not be responsible for errors in recipient account details or charges from recipient banks. MoiPayWay will not refund transaction charges if monies are refunded.

ACCOUNT SECURITY

You will be given dedicated, secure access to your account using your login details. You are responsible for your password and undertake not to share it with anyone. MoiPayWay may not be held responsible for the consequences of fraudulent use of your password by a third party. Please contact us immediately at [email protected] if you believe that your Account has been accessed without your authorization, unauthorized transactions have occurred, transactions have been processed incorrectly, or your Account information or statements contain errors. We reserve the right to suspend your access to and/or use of the Site without notice for essential maintenance. We will make reasonable efforts to provide you with advance notice of any scheduled non-emergency maintenance. We will also notify you of any unplanned downtime and resolve the issue as soon as practicable. MoiPayWay reserves the right to reject a payment for any reason.

CONFIDENTIALITY

During the course of transactions contemplated by these Terms, a party (the “Disclosing Party”) may share Confidential Information (as defined below) with the other party (the “Receiving Party”). The Receiving Party agrees to use the Disclosing Party’s Confidential Information only for the exercise of its rights or performance of its obligations under these Terms. The Receiving Party agrees not to disclose such Confidential Information to any third party except employees and consultants who have a “need to know” for the Receiving Party to exercise its rights or perform its obligations under these Terms. The Receiving Party agrees to protect the confidentiality of the Disclosing Party’s Confidential Information using reasonable measures. If the Receiving Party is required by law to disclose Confidential Information, it will notify the Disclosing Party and cooperate to protect the Disclosing Party’s interests. Information will not be deemed Confidential Information if it is known independently to the Receiving Party, becomes publicly known, or is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information. “Confidential Information” means any information provided by one party to the other concerning the Disclosing Party’s business or operations, including trade secrets, financial information, technical information, business information, and other proprietary information. You acknowledge and agree that the Services are not designed for processing Protected Information, and unless otherwise agreed in writing, Account Data will not include any Protected Information.

USER OBLIGATION

6.1 Obligations relating to the use of the Site: You agree to submit complete, accurate information and to update that information in the event of any change. You agree not to use the Site for fraudulent ends or any other purposes not mentioned in these Terms. You agree not to:

• a) Use the Site for fraudulent, illegal, or unlawful purposes.
• b) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site.
• c) Upload, post, email, transmit, or otherwise make available any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or objectionable content.
• d) Impersonate any person or entity on the Site.
• e) Disrupt the normal flow of the Site or negatively affect other users’ ability to engage in real-time exchanges.
• f) Intentionally or unintentionally violate any applicable laws or regulations.
• g) Upload, post, email, transmit, or otherwise make available on the Site any content that infringes any intellectual property rights of any party.
• h) Upload, post, email, transmit, or otherwise make available on the Site any unsolicited or unauthorised advertising or promotional materials.
• i) Upload, post, email, transmit, or otherwise make available on the Site any material that contains viruses or any other harmful computer code.
• j) Interfere with or disrupt the Site or servers or networks connected to the Site.
• k) Violate any contractual or fiduciary relationships.
• l) Create multiple accounts for accessing the Site or artificially renew any trial period offered by MoiPayWay.

6.2 Obligations relating to content posted by the User: You are solely responsible for the content you publish on the Site. You agree that your content will not constitute disorderly conduct, infringe upon any third-party rights, or contain any denigrating, defamatory, or discriminating remarks. Your content must comply with all applicable laws and regulations. You agree not to post advertising or promotional content unrelated to the purpose of the Site or the Company. Violation of any User obligations may result in the closure of your account by MoiPayWay, and the Company reserves the right to terminate any licenses granted to you.

INTELLECTUAL PROPERTY

Ownership License: MoiPayWay owns all rights, titles, and interests in the Services, including all related intellectual property rights. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes only. All rights not expressly granted by MoiPayWay are retained by MoiPayWay. Maintenance & Support: While MoiPayWay may provide maintenance and support for the Site, we are not obligated to do so. Updates/Upgrades: MoiPayWay may release updates or upgrades for the Site, and you may subscribe to them. Failure to update may result in limited access to features or functionality. Feedback: We welcome your feedback, and by providing it, you grant us a royalty-free license to use and incorporate it into the Services.

LIMITATION OF LIABILITY

In no event will MoiPayWay or its licensors or suppliers have any liability to you or any third party for any indirect, special, incidental, or consequential damages. Our total aggregate liability arising out of or related to these Terms will not exceed the amount you paid to us for the Services in the preceding three months.

FORCE MAJEURE

MoiPayWay will not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, or government actions.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that this Agreement is valid and binding and does not violate any laws or agreements. MoiPayWay represents and warrants that it has the right to license the Services to you and that your use of the Services will not infringe any third-party rights.

DISCLAIMER

Except for the express representations and warranties stated in this Agreement, MoiPayWay makes no additional representation or warranty of any kind. The Services are provided “as is” and without warranty of any kind.

NOTICES

All notices under these Terms must be in writing and deemed effective upon delivery.

WAIVER

Failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

NO PARTNERSHIP OR AGENCY

No agency or partnership relationship is created between you and MoiPayWay.

SEVERABILITY

If any provision of these Terms is found to be invalid, the remaining provisions will remain valid and enforceable.

UNFAIR COMPETITIONS

You agree not to use our materials to build competitive products or services.

CHANGE TO TERMS

MoiPayWay reserves the right to modify these Terms at any time. By continuing to use the Services after revisions become effective, you agree to the revised terms.

TERMINATION

MoiPayWay may terminate these Terms if you breach any provision, if required by law, or for any other reason. Upon termination, your rights under these Terms cease, and you must stop using the Services. If you have any questions or concerns about these Terms, please contact us at [email protected].

These Terms and Conditions were last updated on 18th of March, 2024.