Z-Pay Terms and Conditions.
Last revised 17 Apr 2019.
These Z-Pay Standard Terms and Conditions written on this webpage shall manage your use of our website, Z-Pay, accessible at z-pay.io.
"Services" means services, including, but not limited to the technical services on the Web-site controlled by Z-Pay which are allowed to the Users under certain terms of service.
“FATCA REPORTABLE PERSON” – is a citizen of the United States of America or a US resident.
"You" means You as a Website User ('Your' and 'Yours' shall be construed accordingly).
"Website" means z-pay.io.
"Content" means any content, including text, audio files, images, pictures, video and/or any other type of information or communication.
"Trademarks" means trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).
"Intellectual Property Rights" means patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.
"Z-Pay cheque" a functionality part of the Website, which allows the Users to exchange information with another users, send them cryptocurrency and other information or receive cryptocurrency and other information from other users.
1.2 Words used in singular form include the plural, and vise versa, as appropriate.
1.3 Any words following the terms (in any form) "including", "among other things", "in particular" and similar expression shall be construed as illustrative and not limiting the meaning of the words preceding those terms.
By making a click on the "Create cheque", "Accept" or a similar button or an appropriate link and/or by using the Website, you agree to the Terms.
The Website is available for use by persons aged 18 and older. By accepting this Terms you stipulate that you are 18 years old or above.
2.4. You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the Website.
2.5. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.
2.6. If You are a resident of a jurisdiction where the use of the Website or Services is prohibited by law due to different requirements do not use the Website.
2.7. Use of the Website requires compatible devices (computer, mobile phone, etc.) and Internet access. The Website may use Your computer (or other device) resources, including, but not limited to, CPU, memory and network connectivity to ensure the functionality of the Website. Z-Pay will make commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that Z-Pay cannot give any warranties in this respect.
3. Use of the Website.
3.1. You agree that Z-Pay may, in its sole discretion and without prior notice, suspend or terminate the provision of any Services or access to the Website (or its functions) to You personally or all Users.
3.3. Z-Pay may discover that your activity on the web-site seems to be fraudulent and in such a case Z-Pay is entitled to terminate any relationship with you immediately and limit the access to your Z-Pay cheque or it’s derivatives.
3.5. You agree that You will not engage in any activity that interferes with or disrupts the operation of the Website.
3.6. You agree that You will not reproduce, duplicate, copy, sell, trade or resell the content of the Website, unless You have been specifically permitted to do so in a separate agreement with Z-Pay.
3.7. You agree that You are solely responsible for the usage of the Website, and that Z-Pay has no responsibility to You or to any third party for, Your use of the website. However Z-Pay will provide all reasonable steps to provide you services in the appropriate manner.
3.8. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Your use of the Website and that the reporting and payment of any such applicable taxes are Your responsibility.
3.9. Z-Pay reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, products, materials or services from the Website. You agree that by using the Website You may be exposed to materials, products or services that You may find offensive, indecent or objectionable and that You use the website Website at Your own risk.
3.10. You agree that Z-Pay and its Affiliated Entities own all right, title and interest in and to the Website. You agree that Z-Pay has all the appropriate rights and licenses for the distribution of the Content, materials, products or services through the Website.
3.11. You agree that Z-Pay provides on the Website the technical services, which is not considered of any financial services. You agree that Z-Pay is not a financial company but a company which provides to the Users the technical service for operation on the Websites with Z-Pay cheques.
3.12. You agree and guarantee to Z-Pay that you will not use the Website, Z-Pay cheques for the purposes of money laundering, terrorist financing and any illegal transactions. Should Z-Pay has any reasonable evidence or suspicions that you breach this guarantee the provision of Services will be stopped immediately by Z-Pay.
3.13. You guarantee to Z-Pay that you are not FATCA REPORTABLE PERSON and you acknowledge and agree that Z-Pay does not provide any services on the territory of the USA. If you are FATCA REPORTABLE PERSON or you reside in the USA, you will not use Z-Pay. You guarantee that you will not use any type of virtual private network (VPN) and/ or proxy server and/ or other methods to use Z-Pay in breach of this clause 3.14.
4. Description of the Services on the Website.
4.1 The User is entitled to use the Website as a technical service in a way allowed by the functionality of the Website and these terms and conditions.
4.2 User is entitled to create a Z-Pay cheque.
4.3. After the creation of the Z-Pay cheque the User is entitled to
replenish his/her Z-Pay cheque or Z-Pay cheque of another Users,
redeem the Z-Pay cheque,
split the Z-Pay cheque,
merge the Z-Pay cheque of the User with another Z-Pay cheque of the same User or another User,
change the number and code,
use other functionality of the Website.
4.4. User can create as much Z-Pay cheques as he/she likes.
4.5. User is entitled to use the Website subject to following the AML laws applicable to the User in the country of the User.
4.6. Z-Pay will make all reasonable actions to make the usage of the Website friendly for the User.
5. General provision
5.1. You may terminate these Terms by discontinuing Your access to and use of the Website and all materials, products and services obtained or downloaded from the Website.
5.2. Z-Pay may at any time terminate these Terms if:
Z-Pay decides to terminate the operation of the Website.
You fail to comply with any provision of these Terms.
You provided the incorrect guarantees mentioned in this Terms.
Z-Pay will be obliged to do so pursuant to the law.
You cease to be the User.
5.5. All Intellectual Property Rights to the Website or Services provided belong to Z-Pay.
6. Disclaimer of Warranties
6.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS, PRODUCTS AND ANY SERVICES OFFERED OR RENDERED ON THE WEBSITE ARE PROVIDED “AS IS” AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Z-PAY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
6.2. YOU AGREE TO USE THE WEBSITE AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.
6.3. Z-PAY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY.
7. Limitation of Liability
7.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Z-PAY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Z-PAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. Z-PAY IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. Z-PAY IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF INFORMATION VIA THE INTERNET. ALL INFORMATION ON THE WEBSITE IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY’S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. Z-PAY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISIONS MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.