TERMS OF SERVICE
(version of 16/11/2019)
The following are the terms (hereinafter "Terms") that regulate the provision of the Services and the use of the Resources of Enapay.
The User expresses his will to accept the Terms and undertakes to comply with them by doing any one of the following:
(a) approving the Terms when he applies for the Registration Service, and/or
(b) using the Services, and/or
(c) using the Resources in any other way. The User undertakes not to use the Services and the Resources if he has not accepted the Terms and undertakes to read the Terms carefully before using the Services or the Resources.
Pursuant to and for the purposes of these Terms the following definitions apply. "Buyer": the Registered User who wants to buy products or services from a third party.
"Applications": artifacts made of Software and Contents that Users use on their devices and which allow Users to use the Services on certain configurations of certain devices.
"Arbitration": dispute settlement procedure concerning the right to receive the Price from the Account governed by the Arbitration Clause.
"User Area": area of the Resources that is accessible only by the User using the Access Codes.
"Goods": products (eg, electronic devices, automobiles, jewels or other tangible objects) or intangible assets (eg domain names, software, graphic designs or other artifacts that are the result of a service) that are the object of Transactions. Each of the Goods will also be referred to as "Good".
"Enapay": Enapay Ltd., with registered office in Dublin 1° floor, 9 exchange place, I.F.S.C., Dublin1, D01X8H2, Ireland, Fiscal Code, VAT number and registration to the Register of Companies of Dublin (********). Company Number 650377
"Upload": the act of transferring Contents from a device or from a storage area in the availability of the User to the Resources using Interfaces.
"Arbitration Clause": clause contained in art. 5 of the Terms that the Buyer and the Seller agree to settle the settlement of the disputes arising from the Transaction about the right to receive the Price from the Account.
"Access Codes": username and password assigned to the User upon application to the registration Service and managed by Enapay or, if the User makes use of Access Codes of Third Party, the third party that provides them.
“Access Codes of Third Party”: username and password managed by a third party that provides features that allow to use such username and password through the Interfaces allowing to the User who uses the Registration Service to be identified by Enapay.
"Terms of Digital Escrow Services": the terms set out in Annex I of the Terms governing the provision of Digital Escrow Services.
"Terms to be Verified": the conditions agreed upon by the Buyer and the Seller using the Digital Escrow Service which are the subject of the verification that will be carried out by the Buyer on the Good purchased by the Buyer.
"Contents": text, images, audio and/or video, data and/or information, including personal data, in any format (file or other sequence of bytes) that are transmitted, copied, sent, and/or otherwise processed by the Users using the Services or by Enapay and/or otherwise made available to the Users. Each of the Contents will also be referred to as "Content".
"Account": account indicated by Enapay L.t.d., managed by Bank of Ireland, on which the Buyer pays the Price and Enapay can operate within the terms established by the conditions of the Digital Escrow Service pursuant to art. 4 of the Terms.
"Counterparty": the one to whom the Buyer proposes to sell him (or the Seller proposes to buy him) a Good. "Arbitration Decision": decision issued by the arbitrators who carry out the Arbitration.
"Events": events described in art. 4 of the Terms that determine the payment of the Price to the Seller or to the Buyer, as appropriate. Each of the Events will also be referred to as "Event".
"Interfaces": interfaces (Applications or other) operating on certain configurations of certain devices, by means of which the Users can use the Services connecting to the Resources through the Internet. Each of the Interfaces will also be referred to as "Interface".
"Package": package containing the Good that is sent by the Seller to the Buyer or by the Buyer to the Seller in the context of a Transaction. "Price": price of the Good that is the object of a Transaction.
"Resources": hardware, Software and Contents properly configured by Enapay and accessible through the Internet using the Interfaces that make available the Services.
"User’s Purpose": purpose of of using the Services.
“Services”: the Digital Escrow Services, the Browsing Service, the Registration Service and the other services provided by Enapay through the Resources. Each of the Services will be also referred to as “Service”.
"Browsing Service": Service that allows Users to use the Resources to access the Contents made available by Enapay.
"Registration Service": Service that allows the Users to use their Access Codes to be identified by Enapay and access to the Resources and the Services.
"Digital Escrow Services": services with which the Buyer and the Seller instruct Enapay to operate on the Account in accordance with the instructions set forth in art. 4 of the Terms. Each of the Digital Escrow Services will also be referred to as the "Digital Escrow Service".
"Site": the domain http://bcheckit.com and all its sub-domains.
"Software": any set of instructions (programs and/or data) that can be interpreted by a computer to direct the operation of its processor.
"Transactions": agreements concerning the supply of the Goods concluded between Buyers and Sellers using, among other things, the Digital Escrow Service. Each of the Transactions will also be referred to as "Transaction".
"Registered User": the User who has joined the Registration Service.
"Users": those who use the Services and/or the Resources having accepted these Terms. Each of the Users will be also referred to as “User”.
"Seller": the Registered User who wants to sell products or services to a third party.
Enapay undertakes to make available to the User, that is willing to use them, the Services and the Resources according to the terms and conditions provided by these Terms. The Registration Service and the Browsing Service are provided free of charge. Digital Escrow Services are provided for a fee.
3. USE OF THE SERVICES
In order to use the Services, the User must be 18 years of age or over and, in any case, he must have the legal capacity to enter into a binding contract. The User can use the Services whenever he wants when they are available through the Interfaces. All the costs of connection to the internet of the device from which the User uses the Services shall be borne by the User.
Any request of the User to use a Service shall be binding for Enapay only if the User receives confirmation by e-mail that the request has been confirmed and therefore the information contained in the Resources cannot be considered as an offer to supply any Service but as an invitation to request their supply. Information about the user profile and the contracts entered into by the User with Enapay is available in the User Area.
4. DIGITAL ESCROW SERVICE
Enapay provide the following services:
1) allows the user to register and provide a Enapay account.
2) communication of status changes regarding the payment process to counterparts.
3) access to the historical transaction data.
4) if the “Object” of the transaction is a domain name, Enapay will hold the authcode (EPP-code) as warranty in the Enapay Registrar Account until the transfer of the domain name ownership, checked on the Whois database.
The Digital Escrow Service works as follows:
1) the Buyer or the Seller proposes to the Counterparty to use the Digital Escrow Service.
2) if the Counterparty is a Registered User, identifies himself and agrees to use the Digital Escrow Service and, if he is not a Registered User, adheres to the Registration Service and can therefore accept to use the Enapay Service;
3) the Buyer and the Seller agree on the Terms to be Verified;
4) the Buyer deposits the Price on the Account; If the Buyer does not deposit the Price on the Account within 10 days of the request for the Digital Escrow Service, the CheckIT. Service ends.;
5) the Price remains deposited on the Account until an Event occurs;
6) within 10 days from the deposit of the Price on the Account (point 4) the Seller: (i) personally delivers the Good against the approval of the delivery through the appropriate Interface by the Buyer, or (ii) sends the Good to the Buyer and enters the tracking number of the Package containing the Good in the relevant Interface;
7) upon receipt of the Good, the Buyer verifies it and communicates his acceptance or rejection using the Interfaces by the end of the Buyer's Inspection Period;
8) if the Buyer rejects the Good, within 10 days from the date of the refusal of the Good: (i) he personally returns the Good against the approval of the delivery through the appropriate Interface by the Seller, or (ii) returns the Good to the Seller and inserts the tracking number of the Package containing the Good in the appropriate Interface;
9) if the Buyer has refused and redelivered or returned the Good, the Seller, after having received it, verifies the Good and communicates its acceptance or rejection using the Interfaces within the Seller's Inspection Period;
10) if the Seller refuses the Good returned by the Buyer, a period of negotiation is opened (14 days);
11) if the negotiation is not concluded positively, the Buyer or the Seller can promote the Arbitration.
The following Events determine the transfer of the Price from the Account to the Seller:
a) the Buyer accepts the Good shipped by the Seller within the end of the Buyer's Inspection Period (point 7);
b) the Buyer 's Inspection Period passes without the Buyer having communicated the acceptance or rejection of the Good (point 7);
c) the Buyer, after having refused the Good, does not return it to the Seller verifying that the latter approves the redelivery through the appropriate Interface, does not send it back to the Seller and / or does not insert the tracking number of the Package containing the Good within 10 days from the date of the refusal of the Good (point 8);
d) the Buyer and the Seller agree with Enapay to transfer the Price from the Account to the Seller;
e) the Seller requests the Arbitration, pays the amount of consideration for which he is responsible and, within 10 days of the request, the Buyer does not pay the amount of consideration for his own competence, determining the failure to activate the Arbitration;
f) the Arbitration Decision establishes the full transfer of the Price from the Account to the Seller.
The following Events determine the transfer of the Price from the Account to the Buyer:
i) at the request of the Buyer, when 10 days have elapsed from the date of payment of the Price on the Account (item 4) and the Seller: (i) has not personally delivered the Good to the Buyer upon approval of delivery by the appropriate Interface, or (ii) has not sent the Good to the Buyer and / or has not inserted in the appropriate Interface the tracking number of the Package containing the Good (point 6);
ii) the Seller accepts the Good returned by the Buyer by the end of the Seller's Inspection Period (item 9);
iii) the Seller's Inspection Period elapses without the Seller having communicated the acceptance or rejection of the Good (point 9);
iv) both the Buyer and the Seller communicate to Enapay to transfer the Price from the Account to the Buyer;
v) the Buyer requests the Arbitration, pays the amount of consideration for which he is responsible and, within 10 days from the request, the Seller does not pay the fee for his own competence, determining the failure to activate the Arbitration;
vi) the Arbitration Decision establishes the full transfer of the Price from the Account to the Buyer.
Notwithstanding the foregoing, if the Good is a domain name:
aa) if the Buyer and the Seller agree that the Transaction takes place by direct transfer of the domain name from the Seller to the Buyer, (i) constitutes an Event that determines the transfer of the Price from the Account to the Seller the fact that the whois database indicates the Buyer as the owner of the domain name, and (ii) constitutes an Event that determines the transfer of the Price from the Account to the Buyer the fact that the whois database does not indicate the Buyer as owner of the domain name when 30 days have elapsed from the date of payment of the Price on the Account;
bb) if the Buyer and the Seller agree that the Transaction takes place by transferring the domain name from the Vendor to Enapay, in order for it to be further transferred to the Buyer, (i) constitutes an Event that determines the transfer of the Price from the Account to the Seller the fact that the whois database indicates Enapay as the owner of the domain name, and (ii) constitutes an Event that determines the transfer of the Price from the Account to the Buyer the fact that the whois database does not indicate Enapay as owner of the domain name when 30 days have passed from the date of payment of the Price on the Account; and
cc) in any case, Events a), b), c), i), ii) and iii) do not apply.
If both the Buyer and the Seller communicate to Enapay to transfer the Price in part to the Buyer and in part to the Seller, Enapay will proceed accordingly.
If the Arbitral Decision establishes the transfer of the Price in part to the Buyer and in part to the Seller, Enapay will proceed accordingly.
If the Buyer requests an extension of the term referred to in point 8 using the functionalities available through the Interfaces, the Seller may, at his own unquestionable discretion, grant the extension.
Digital Escrow Services are governed by the version of the Terms of Enapay Services in force at the time the User buys that Digital Escrow Service.
Enapay reserves the right to modify the Terms of the Digital Escrow Services pursuant to art. 17 (Modifications) of the Terms. Each provision of the Digital Escrow Services is considered concluded on the date on which Enapay registers it on its IT systems and at the Enapay office.
The User acknowledges that, in the event of a dispute, Enapay's records are admissible in court proceedings and constitute evidence of the facts contained therein, until proven otherwise.
Each Transaction is governed by the conditions negotiated between the Buyer and the Seller, including the Terms to be Verified and the Arbitration Clause.
It is expressly excluded that Enapay assumes the role of party in the Transactions concluded by the Users.
Enapay has no responsibility for the fulfillment of the obligations assumed by the Users by concluding the Transactions (performance, payment, warranty, possible right of cancellation, fairness of the price, security, regular contribution and tax or other) including any errors in the delivery of the Goods.
Enapay does not carry out any control on the quality of the goods offered, on the correspondence to the true and exhaustiveness of the Contents inserted by the Users and does not assume any responsibility in this regard.
The User is required to carry out appropriate checks, on the quality of the Goods offered and on the correspondence to the true and exhaustiveness of the Contents inserted by the other Users.
By using the Digital Escrow Service the Buyer and the Seller agree to submit the Transaction to the following Arbitration Clause which overcomes any other existing agreement between them: "If the Seller refuses the Good returned by the Buyer by the end of the Seller's Inspection Period, the Buyer and the Seller have a period of 14 days to agree, and notify Enapay, to whom to transfer the Price from the Account (in full to the Buyer, in full to the Seller or in part to the Buyer and in part to the Seller).
After the 14-day period referred to above elapses without the Buyer and the Seller having reached an agreement, each of the Buyer and the Seller will have the right to promote the Arbitration. It is therefore expressly understood that all disputes arising from the Transaction, or related to it, will be definitively decided with Arbitration.
If the parties will have paid the amount requested within 10 days from the request, the arbitrator (or the arbitrators) will issue the Arbitration Decision within 120 days from the acceptance of the appointment. If the parties will have not paid the fee within 10 days, the Arbitration will not take place due to lack of activation and the arbitrator will return (or the referees will return) to the party who paid it the portion of his / her responsibility for the amount requested, less costs.".
6. REGISTRATION SERVICE
The User applies for the Registration Service following the procedure available hrough the Interfaces and agreeing to these Terms.
When the User registers he chooses the Access Codes that he can use to access the User Area and use the Services through the Interfaces.
The Access Codes of the User are not transferable to third parties.
The User must remember the username and keep secret the password, and therefore the User is responsible for all the activities carried out using his Access Codes. The User, through the User Area, can modify the Contents of his profile and the configuration options of the Services through the Interfaces.
Users must identify themselves by presenting the following documents, which Enapay will forward to Payment Institution directly: For natural persons 1. Copy of a valid official identity card for citizens of the European Union and copy of the passport for third countries. For legal entities
1. Copy of the identity card (front and back) or passport of the legal representative and, if applicable, of the authorized user(s).
2. A certificate of registration or equivalent document not more than three months old which justifies entry in the commercial register of a Member State of the European Union or of a State of the European Economic Area or of a third country imposing equivalent obligations in relation to the prevention of money laundering and terrorist financing. This document must confirm the name of the company, its legal form, the address of its registered office and the identity of its members and directors.
3. Certified copy of the statutes and any resolutions appointing the legal representative.
4. The Shareholder Declaration of the beneficial owner of the legal entity holding more than 10 % if the interested party has not registered his beneficial owner in the national register or is not subject to this obligation. From 15 September 2019, the query will be carried out via an electronic version of the KYC document 'Shareholder Declaration', the so-called UBO declaration. In this query, all relevant beneficial owners with a share of capital or voting rights of more than 25% must be named.
5. In the case of companies not entered in the Commercial Register, a copy of the extract from the Official Gazette or the National Business Register or any other professional association not older than three months which confirms the registration as a trader.
The user must inform the provider immediately of any changes that affect the data provided during registration or, if possible, adjust his Enapay account.
The User agrees:
(a) to provide registration details true, complete and updated;
(b) to update his data provided to Enapay in order to constantly ensure their accuracy, completeness and updating;
(c) to immediately report to Enapay any loss of confidentiality of the password or any use of his Access Codes by third parties or any breach of the security measures provided for the Services and the Resources of which he is aware of;
(d) to close the session each time the User stops using the Services or the User Area;
(e) not to allow third parties to access to the Site and the Services, using his Access Codes.
If the User uses the Access Codes of Third Party:
(i) declares to have the exclusive availability of the Access Codes of Third Party;
(ii) acknowledges that may lose the ability to access to the Registration Service if the third party interrupts or changes the functionality of the Access Codes of Third Party (in particular, if the User has not entered a valid email address in his profile);
(iii) acknowledges that Enapay is not responsible for the service of the third party providing the Access Codes of Third Party;
(iv) agrees to allow Enapay to acquire Contents, such as his profile, directly from the third party. The User can (and undertakes to do so periodically) change the password using the tools available in the User Area.
7. Usage restriction
(1) Until the verification of a user's identity has been completed, no funds can be paid out to the bank account deposited by the user. The verification of the data and documents can take up to 2 working days for natural persons and up to 4 working days for companies if the requested documents have been completely uploaded.
(2) Once the verification is complete, the user will be notified by email from the provider.
(3) If abuse, fraud or money laundering is suspected, Enapay may restrict individual functions (e.g. payment of funds) from the user accounts concerned until clarification has been given, or temporarily block them completely in serious cases of suspicion.
7.1 USE OF THE SERVICES AND OF THE RESOURCES: USER'S OBLIGATIONS
Using the Services the User agrees:
(a) not to hide or make unrecognizable the User's identity or, in any case, make impossible to attribute to him the Contents that he proceeds to Upload.
(b) not to interrupt, damage or limit the Services, the servers or the network connected to the Services and to the Resources or violate the security measures, procedures, policies or rules of the network connected to the Services, including the Netiquette rules;
(c) not to intentionally or unintentionally violate the laws applicable in the country where the User is located or other laws that are in any case applicable to the activities the User carries out;
(d) not to employ or occupy the Resources or prevent access to the Services and the Resources and their use without Enapay's permission;
(e) not to send Spam e-mails;
(f) not to simulate to be Enapay or others;
(g) not to forge headings or in any manner manipulate identifiers (including URIs) in order to disguise the origin of any Content transmitted through the Services;
(h) not to use the Services in relation to Transactions involving illegal products or services or which in any case can not be provided without specific authorizations such as weapons, drugs, alcohol, games of chance, games for adults, auction services.
7. 2 USE OF THE SERVICES AND OF THE RESOURCES: WARNINGS AND DISCLAIMERS
Enapay operates the Resources and the Services and supervises its operation from Ireland and does not guarantee that the Resources and the Services are suitable or accessible for use from every geographic area.
Enapay will use to the extent reasonably possible all its skills and cares to try to maintain the availability of the Resources and the functionality of the Services, even if it does not guarantee that the Resources and the Services are always available.
In particular, Enapay expressly excludes any responsibility for the case where malfunctioning of the Services or the Resources depends on:
- unauthorized or incorrect use of the Services or of the Resources;
- non-operation or partial operation of the User's device or equipment;
- an event that depends on the responsibility of the internet service Enapay or the telephone companies;
- malfunctioning of the internet or telephone network;
- unauthorized access to the Resources by the User or by a third party or alteration of the transmission of the Contents;
- event of force majeure or any other cause outside Enapay's control or fault.
The Resources contain links to other websites, and the User may be redirected to them. Such web sites and the content of such communications are not monitored or controlled by Enapay and hence Enapay is not responsible for them.
Enapay does its best to ensure that the Resources and the Services are available with the largest possible number of Interfaces, but expressly excludes that the Resources and the Services will work with every possible Interface and the User acknowledges and accepts this functionality limitation of the Resources and of the Services.
8. LICENCE OF THE USER
Subject to the following, the Resources, the Services, the Contents, the Applications and the Software are the exclusive property of Enapay, are protected by Ireland and international laws, particularly copyright laws. Each Content that each User Uploads is owned by that User or its licensors.
Enapay authorizes the User to use the Resources, the Services, the Contents, the Applications and the Software for the User’s Purpose.
For specific Software or Contents, holders and/or licenses different from those mentioned above may be indicated. It is expressly excluded any other right. The permissions granted above are non-exclusive and revocable.
"CheckIT " is a trademark of Enapay.
Other trademarks in the Resources are property of their respective owners.
10. USE OF THE SERVICES AND OF THE SITE: REPORTING RIGHTS VIOLATIONS
If the User knows that any Content violates his rights or third party rights, can write to Enapay to let it know by indicating the Content, the address at which it is accessible, the one who assumes to be owner of the rights on the Content, the right violated and the evidence of the violation of such right.
If Enapay deems the report clearly based, it will remove or disable access to the Content within a reasonable period of time and, if the User transmits also an order of a competent authority, Enapay will act immediately.
Enapay reserves the right, but not the obligation, to contact (reasonably and in good faith) the one who results to be owner of the rights on the Content in order to allow him to explain his reasons.
The User acknowledges that if he reports that a Content violates his right or a right of a third parties without grounds, will be liable for any damages resulting undertaking to indemnify Enapay.
11. AUTHORIZATION TO USE PERSONAL DATA
The User undertakes to hold harmless Enapay, its representatives, directors, employees, and its business partners from any request of compensation, including reasonable legal charges and fees, that is formulated by any third party:
(a) as a consequence of activities performed by the User using the Resources or the Services or performed by any other person who accesses the Resources or the Services using the User's Access Codes;
(b) with respect to Contents that the User Uploads.
13. WARRANTY AND ASSISTANCE
If a Service is provided for a fee, if Enapay receives written notification of the malfunction of the Service, the entire responsibility of Enapay and the only remedy granted to the User is represented (at the discretion of Enapay) by the correction of the malfunction within a reasonable period of time, or by the issue or authorization of a refund of the fee for the part proportionally corresponding to the Service not used by the User.
The User loses the warranty right on the malfunction of the Service provided for a fee if it does not report the malfunction within 2 months from the moment in which the malfunctioning Service is made available to the User, unless it is a hidden malfunction, in which case the User can report the malfunction within 2 months from the moment of its discovery, but in any case within the maximum term of 24 months from the date on which the malfunctioning Service is provided to him.
Without prejudice to the above, there is no guarantee of successful operation of the Services used for free and, in the event of malfunction of the Services, Enapay will not be responsible to the User.
The User acknowledges and agrees that no reassurance, notice or information, whether oral or written, given by Enapay to the User shall create any warranty in favor of the User except warranties expressly made within these Terms. For all assistance requirements, the User may contact Enapay’s help-desk writing to the address of Enapay and to the other contact data (email or other) indicated by Enapay. The User can also send an email to firstname.lastname@example.org.
13.1 WARRANTIES EXCLUSION
In providing the Digital Escrow Service Enapay assumes an obligation of means and not of result.
Without prejudice to the explicit guarantees given pursuant to these Terms, Enapay excludes any warranty, condition, undertaking or declaration of any kind, either express or implied, statutory or otherwise in relation to the Services or the Resources, including without limitation any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or arising from course of dealing, usage or trade practice.
Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to the User and the User may have other legal rights that vary from state to state or by jurisdictions. Without limitation to the foregoing, Enapay does not warrant that the Services or the Resources will meet User's requirements or that their operation will be error free or uninterrupted or that defects in the Services and in the Resources will be corrected.
14. LIMITATION OF LIABILITY
The User uses the Services and the Resources at his own risk.
To the maximum extent permitted by applicable law, in no event shall Enapay or any of its third-party licensors, suppliers or collaborators be liable to the User or to those claiming through the User for any direct, indirect, consequential, incidental, special or punitive damage or loss of any kind including, but not limited to, loss of profits, loss of contracts, business interruptions, loss of or corruption of data however caused and whether arising under contract or tort, including negligence, even if Enapay has been advised of the possibility of such damages.
Notwithstanding the foregoing, in any case in which Enapay be held liable for loss or damage the extent of which can be legitimately limited (including cases where the contract for the supply of the Services is terminated, canceled, revoked or otherwise dissolved or any limitation, exclusion, disclaimer or other provision contained in these Terms is held to be invalid for any reason by a court of competent jurisdiction), such liability whether in contract, tort or otherwise, will not exceed the amount of € 100.00 or, if greater, the amount paid by the User to Enapay for the provision of the malfunctioning Service.
Nothing in these Terms:
(i) shall limit Enapay's liability for the death or damage to the person resulting from Enapay's fault, if the User is a consumer,
(ii) shall limit the responsibility of Enapay to the User for fact that arises from the fraud or gross negligence of Enapay.
Enapay, if occurs a valid reason (that is to comply with legal obligations or with orders from public authorities, including judicial authorities, to improve the efficiency of the Services and/or to better protect the rights of Enapay, the Users or third parties), is expressly authorized at any time, in its sole and absolute discretion, to:
(i) amend these Terms;
(ii) modify the Resources and/or the Services (including the right to interrupt or suspend, in whole or in part, the Resources and/or the Services);
(iii) suspend or cancel the User's Access Codes.
In this case, Enapay will notify the User at least five days in advance by publishing a notice on the Site, in the User Area, by sending an email to the mailbox indicated in the profile of the User and/or in any other way. The User, within five days from the notification of the amendment, shall have the possibility of accepting the change or to terminate the contract by giving written notice to Enapay. In any case, however, continuing to use the Resources and/or the Services, the User will demonstrate his implicit acceptance of the changes made.
In case of just cause (for example to deal with security issues, to fulfill the requirements of the law or to comply with orders from public authorities, including the judicial authorities, or to protect the rights of Enapay, the Users, or third parties in accordance with the law and/or these Terms) Enapay may suspend or cancel the User's Access Codes and/or modify or disconnect, temporarily or permanently, the Resources and/or Services (or any part thereof) even without giving prior notice.
In addition, Enapay may at any time, in its sole and absolute discretion and without notice to the User:
(i) add new functionalities to the Services currently available, or delete secondary functionalities;
(ii) add or delete Contents.
16. DURATION OF THE SERVICES, WITHDRAWAL AND TERMINATION
The Registration Service and the Browsing Service are active for an indefinite period of time since the request to use each Service is confirmed and the User may terminate these Services at any time.
To exercise the right of withdrawal, the User must inform Enapay (Enapay Ltd., established in 1st floor, 9 exchange place, I.F.S.C., Dublin1, D01X8H2, Ireland email email@example.com) of his decision to terminate the contract by an unequivocal statement (eg letter sent by mail, fax or email). To this end, the User may use the withdrawal form provided in Annex II of the Terms, but it is not mandatory.
The User can also fill in and send electronically the withdrawal form or any other express statement on Enapay's Site http://www.bcheckit.com.
If he chooses this option, Enapay will promptly send a receipt for withdrawal on a durable medium (eg by e-mail).
The User acknowledges that the right of withdrawal above is wider, both for conditions and for exercise modalities, than that provided by Ireland Consumer Code of which acknowledges to have been informed.
The User acknowledges that withdrawing from the Registration Service he can not buy Digital Escrow Services and can not use the Browsing Service as a User identified by Enapay.
With the withdrawal from the Services Enapay is allowed, but is not obliged, to delete all Contents that the User Uploaded.
Enapay may terminate the contract for the supply of the Services with a 30-day notice and where a just cause occurs, without notice.
Enapay may terminate the contract in event of a breach by the User of any of the obligations set out in Sections 6 or 7 of the Terms.
Enapay is allowed to assign the contract of Services supply concluded with the User, with each faculty provided in the Terms, including authorization to use the Contents according to the Terms, to another entity that supplies services similar to the Services. The User may not assign or otherwise transfer the contract or any of the rights, duties and obligations provided for the User by the Terms without the prior written consent of Enapay.
(b) Entire agreement.
These Terms replace any previous agreement, both written and verbal, that previously intervened between Enapay and the User having the same subject matter of these Terms (except in the case of false statements made with fraud or gross negligence).
Communications to Enapay shall be made to the address of Enapay indicated in Section 1 or to the new address communicated subsequently. Communications to the User may be made:
- via snail mail to the address indicated by the User;
- via e-mail to the e-mail address indicated by the User, or
- by means of publication on the Site or on other Resources.
Given the nature of the e-mail service, Enapay does not guarantee delivery of every e- mail message.
The communications published on the Resources are considered received when the User, accessing the User Area after their publication, displays them on his device according to the procedure prepared by Enapay that forces its display.
(d) Disputes resolution, applicable law, jurisdiction and competent courts
In case of dispute the User may address to the ordinary courts.
These Terms shall be interpreted, evaluated and enforced in all senses according to the Ireland law.
If the User is a consumer, he agrees to submit to the not exclusive jurisdiction of the Ireland Courts.
If the User is not a consumer, he agrees to submit to the exclusive jurisdiction of the Ireland Courts
The fact that Enapay does not require the User to strictly follow the provisions of these Terms at all times and/or does not exercise one or more of the rights provided herein does not imply the forfeiture of such rights or renunciation to exercise them by Enapay.
If one or more clauses of these Terms should be or should become contrary to imperative rules of law or of public order, they will not be considered and will not affect the validity of the other clauses of the Terms, without prejudice to the right of each party to ask for these Terms to be amended.
TERMS OF DIGITAL ESCROW SERVICES
Enapay undertakes, under the conditions set forth in these Terms of Digital Escrow Services, to provide the Digital Escrow Service.
2. Payment conditions
Digital Escrow Services are provided at the prices indicated in the Resources.
The price change is effective from the moment the same change is published in the Resources.
Payment of the Digital Escrow Service fee is made by Enapay by crediting a fee from the Price paid to the Account upon conclusion of the Digital Escrow Service.
When the Buyer has paid the Price on the Account, the consideration of the Digital Escrow Service is in any case due, regardless of the Transaction result.
The Buyer can withdraw without charge from the Digital Escrow Service before sending the Price to the Account.
The Buyer and the Seller may agree to charge the sum of the Digital Escrow Service wholly to the Buyer, wholly to the Seller or 50% to the Buyer and 50% to the Seller.
If the Buyer and the Seller agree that the price of the Digital Escrow Service must be paid by the Seller, the Buyer pays the Price on the Account and the Transaction is not successful, the price of the Digital Escrow Service is charged to the Buyer, without prejudice to the Buyer's right to claim directly against the Seller.
3. Warranty and assistance
Without prejudice to the provisions of the law governing the warranty, Enapay offers the User the following warranties.
Enapay warrants that Digital Escrow Services will be provided in accordance with these Terms of Digital Escrow Services.
For any need for assistance, the User can contact Enapay at the address firstname.lastname@example.org.
4. Exclusion of the right of withdrawal
If the User is a consumer but requires that the Digital Escrow Service is provided immediately (while aware that in this case he loses the right of withdrawal), the right of withdrawal is excluded when the Digital Escrow Service has been executed.
If the User is a consumer and the Digital Escrow Service has not been executed, the User may withdraw from the contract, without stating the reasons, within 14 days.
The withdrawal period expires after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, the User is required to inform Enapay (Enapay L.T.D., 1st floor, 9 exchange place, I.F.S.C., Dublin1, D01X8H2, Ireland, e-mail email@example.com) of his decision to withdraw from the contract by an explicit declaration (for example, a letter sent by post, fax or e-mail). To this end, the User may use the withdrawal form provided in Annex II of the Terms, but it is not mandatory.
The User can also electronically fill out and submit the withdrawal form or any other explicit declaration on the Enapay Site http://www.bcheckit.com. If the User chooses this option, Enapay will transmit without delay an acknowledgment of receipt of the withdrawal on a durable medium (e.g. by e-mail).
To comply with the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If the User withdraws from the contract for the supply of the Digital Escrow Services, he will be reimbursed all the payments he made to Enapay for Digital Escrow Services, without undue delay and in any case no later than 14 days from the day on which Enapay is informed of the User's decision to withdraw from the contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a consequence of such reimbursement.
In the Terms of the Digital Escrow Services, the definitions adopted in the Terms to which these Terms of Digital Escrow Services are attached are valid.
If not expressly waived by the Terms of Digital Escrow Services or incompatible with these, the other provisions of the Terms (including, in particular, those concerning warranty exclusion pursuant to Article 13.1, limitation of liability referred to in Article 14 and settlement of disputes, applicable law, jurisdiction and jurisdiction pursuant to Article 17. letter d) apply to the supply of Digital Escrow Services.
(fill in and return this form only if you wish to cancel the contract)
Recipient: Enapay L.T.D., 1st floor, 9 exchange place, I.F.S.C., Dublin1, D01X8H2, Ireland e-mail firstname.lastname@example.org
Herewith I notify the withdrawal from my contract of supply of the following services:
Ordered on: ___________________
Name of the consumer(s): ______________________________
Address of the consumer(s): __________________________________________
Signature of the consumer(s) (only if this form is notified on paper)