General Terms and Conditions - Africa
May 18, 2022
These general terms and conditions (the “Terms”) apply to and regulate the payment processing services provided by EBANX PTE LTD. (Registration number 201332320K), a company incorporated and organized under the laws of Singapore, with its registered office at 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore, 049315 (“EBANX”), as described herein.
The services offered by EBANX allow the User to make purchases of goods or services on international merchants' websites affiliated with EBANX using local payment methods. These websites are owned by independent third parties (in other words, the international merchants), who are the final recipients of the currency exchange operation performed by EBANX on behalf of the User, by virtue of a business transaction initiated by the User. The consumer relation exists only between the User and the international merchant website (the "Websites").
EBANX is a company that offers payment processing services to the affiliated Websites, and therefore, does not have any direct consumer relation with Users. The services offered by EBANX are charged to the Websites, with whom EBANX has a business to business relationship, and which relationship is that of an independent contractor and shall not constitute a partnership, joint venture, or agency. For the provision of its services, EBANX has business partners in your country subject to local legislation. EBANX, on its own account, hires the representative who, as an authorized entity, can perform the currency exchange operations, collect and send abroad the payments made by the User through any of the various payment methods accepted in your country and affiliated with EBANX (the “Business Partner”). EBANX hires its Business Partner in your country, under its own responsibility and subject to local regulations.
By accepting these Terms and conducting a transaction through one of the Websites affiliated with EBANX and making the payment in local currency through one of the payment methods provided by EBANX, the User gives its full consent to EBANX, as well as to its local Business Partner, to perform an exchange operation exclusively on behalf of the User (sole beneficiary) in order to make and send payments abroad.
1. Service Adherence
1.1. The purpose of these Terms is to regulate the service made available on the Websites that expressly offer EBANX payment processing services as a payment method.
1.2. The adherence to the following Terms is automatic once the payment is made in local currency through one of the payment methods provided by EBANX.
1.3. Once the User is purchasing goods or services on the Website, the User will be able to choose one of the local payment methods, from the available options.
1.4. The User is solely responsible for the information provided and the data used by the aforementioned payment methods; therefore, EBANX shall not be responsible in case of any error when processing that information.
1.5. The User hereby consents and expressly agrees to provide accurate and reliable information that reflects the reality of facts, which implies that EBANX shall not be responsible under any circumstance for any alleged false statement eventually made; therefore, EBANX shall not be responsible to answer for the veracity of the allegations made, the User shall always be solely the only responsible for any civil or criminal offenses committed.
1.6. The User shall be exclusively responsible for searching all the information related to the product and the transaction made directly online.
2. Exchange operations and services provided by EBANX
2.1. EBANX shall only send the funds to the Website after the payment confirmation has been received from the User.
2.2. The service provided by EBANX or its Business Partner does not have any connection with the purchase made between the User and the Website, it does not participate in the chain of commercialization of the good or service. EBANX's role is to obtain the local resources and to guarantee that they are effectively delivered to the Website chosen by the User. Therefore, there is no consumer relationship between the User and EBANX.
2.3. EBANX does not operate as a financial or banking intermediary, nor as a currency exchange center, on the contrary, the exchange operation hired by EBANX with the local Business Partner is subject to terms and conditions imposed by the applicable regulations.
2.4. By paying in local currency through the payment methods provided by EBANX, the User accepts these "Terms" and automatically accepts the exchange rates contracted by EBANX or its Business Partner with which the currency conversion is made.
2.5. EBANX receives the information relating to the transaction between the User and the Website to ensure that the securities are processed correctly. However, EBANX shall have no liability in case of miscommunication between the User and the Website or incorrect data provided by the User.
2.6. The User has a monthly limit of TEN THOUSAND US DOLLARS ($10,000.00) for the use of the payment methods offered by EBANX on the Websites.
3. User's information shared with EBANX
3.1. In order to use EBANX services, the User's personal information will be required. Thus, by filling out the “checkout” page on the Websites, you represent that the identification information provided is true, accurate, and complete. Providing false or incomplete information will make the User responsible for any civil or criminal offenses, in accordance with local legislation.
3.2. Your information will be shared between EBANX, its Business Partner and the companies associated with and contracting EBANX services, to the extent necessary for them to perform the services for which they were hired, by observing the clauses related to the protection of information. Save in terms of clause 3.3 below, EBANX undertakes to only use the personal information of the User for the purpose that it was disclosed and shall treat any personal information provided by the User as confidential and will never provide such personal information to a third party without the User's knowledge and consent.
3.3. To ensure compliance with the law, EBANX may, if necessary, use the User's personal information in order to identify and prevent possible attempts of criminal practices and to prevent fraud. Any other sharing of your data will only be done within the limits provided by law.
4. Confidentiality of Information
4.1. EBANX reserves the right to keep the information related to the use of the services in a database in order to better serve the User and to develop a long-term relationship.
4.2. EBANX will use the database for the evaluation of financial risks, money laundering crimes, fraud prevention and to create reports in accordance with the provisions of the law. If necessary, EBANX may block your use of the services, preventively or permanently. EBANX reserves the right to refuse any currency transfer made by a User when such transfer does not comply with EBANX operating standards and risk policy. Our analysis of your information is individualized and can be done at any time.
5. Refund Payment
5.1. In the event of a refund to the User, requested by the Website, the amounts referring to the EBANX fees and taxes collected by EBANX in connection with a sale will be retained by EBANX and not returned or refunded to the User, unless a refund of such taxes is specifically required under applicable local law.
5.2. The refund by the affiliated Website, to be paid in the User's country, will be made available to EBANX in foreign currency. The amount to be refunded by the Website will be converted into local currency by a financial entity authorized to operate by the financial authority of that country, by using the exchange rate of the day when the refund transaction is made, and the credit in local currency will be made by EBANX or its Business Partner to the account provided by the User. This currency conversion operation may imply that the amount to be refunded by EBANX's Business Partner may be higher or lower than the amount initially paid by the User, which the User expressly accepts and waives any claim against EBANX or its Business Partner.
5.3. The User shall make the refund request directly to the Website where the purchase was made, within the deadline indicated in applicable law (if any), and EBANX shall be responsible for executing the refund transaction in case it has been approved by the Website. Once such a deadline has expired, any refund payment made by EBANX will be discretionary.
6. Tax Implications
6.1. It should be taken into consideration that the service provided by EBANX involves a currency exchange operation, therefore, the applicable taxes and transaction fees will be due whenever there is any such operation, (both when sending funds to the Website or paying a refund to the User), and they shall always be paid by the User. However, whenever applicable under local applicable law, the responsibility for collecting such value and delivering it to the tax authorities rests with EBANX and/or its Business Partner.
6.2. EBANX is not responsible for any other fees or charges allocated by the Website and any such claims should be made directly to the Website.
6.3. It is the User’s sole obligation to inform, declare and pay taxes related to the importation of goods and/or services purchased on the Website affiliated with EBANX, as well as to comply with all ancillary obligations required by local applicable law. EBANX shall not be responsible or liable, in any case, for any taxes that the User, due to ignorance or any other reason, is obliged to pay as a result of the transaction made with the Website.
7. Third party rights
7.1. These Terms do not grant benefits or rights to claim the execution of the obligations herein established to any third parties.
7.2. Furthermore, the User agrees to indemnify and hold harmless EBANX and its Business Partners from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to the User's conduct, violation by the User of any third party's rights and/or any violation of these Terms.
8. Transfer of rights
8.1. Save in respect of the rights pertaining to the processing of personal information, EBANX and the companies hired by it may assign any of its rights and obligations under these Terms to any individual or legal entity without prior notice to the User, provided that the assignee shall continue to comply with all obligations assumed by EBANX under the Terms.
9. User service
9.1. In the event that the User disputes a transaction with any Website, EBANX will not interfere in the dispute except to confirm that the payment has been made in accordance with the instructions given by the User to EBANX.
9.2. The general service to the User will be carried out through the channels available in our Help Center at https://ayuda.ebanx.com/.
9.3. EBANX may, at its sole discretion, send communications or notifications to the User via e-mail, telephone or postal mail, in accordance with the data stored on EBANX's servers or database concerning the User.
10. Duties and responsibilities of the parties
10.1. The affiliated Websites provide goods and services for various countries, subject to different business, tax, and intellectual property regulations. It is the sole responsibility of the User to analyze the legality of the importation of the goods and services provided for on the Websites.
10.2. The User shall refrain from purchasing goods that violate any law, rules and legal regulations, in connection with the sale of (i) prohibited or controlled substances, (ii) goods that violate the rules of public order, including matters of safety and health, (iii) items that promote intolerance to minorities of any nature, (iv) items that infringe or violate any copyright, trademark, right of publicity, (v) ammunition, firearms or firearms parts or (vi) goods with a high probability of being fraudulent or smuggled or of dubious legal origin (price incompatible with the market average or with irregular specification).
10.3. The User may only use EBANX services for lawful purposes, being expressly prohibited from using the services to receive or transmit material that is obscene, offensive, defamatory, in violation of confidentiality or in violation of any intellectual property rights.
10.4. The purchase of any of the items listed in 10.2 above is the responsibility of the User, who shall verify this issue before conducting the transaction. Therefore, the possible withholding of such goods by regulatory agencies or other bodies of local authorities is not the responsibility of EBANX under any circumstances.
10.5. EBANX shall not be liable, under any circumstances, for any loss, damage, defect, and/or failure resulting from the transaction between the User and the Website where the purchase was made, including, but not limited to, those caused by the following causes:
a. Payments made to undesired destinations or payments in incorrect values due to the User's typing of incorrect information;
b. Errors or omissions in the content of the Website where the purchase was made;
c. Misuse of the contents of the Website where the purchase was made;
d. Impossibility of any person to access the Website where the purchase was made;
e. Delays, losses, errors or omissions resulting from telecommunication problems or any other data transmission system and the failure of the central computer system or any part of the Website where the purchase was made;
f. Any results originating from acts of government or authority, or any act of force majeure;
g. Defects and failures of the products and services; or
h. Damage occurring during shipment.
10.6. It is the responsibility of the User to inform himself/herself with the terms and conditions of the Website where he/she made the purchase, particularly those terms pertaining to the possibilities and ways to return the goods or cancel the order in case of defect or failure.
11. General Terms
11.1. EBANX reserves the right to suspend its system for repair, security, maintenance, and/or upgrades, assuming responsibility and liability for all ongoing operations.
11.2. When necessary, EBANX may restrict the services and/or add additional security measures for the adherence to its services.
11.3. Adherence to these Terms is voluntary, in case the User does not wish to adhere to them, the User shall refrain from using EBANX services.
13. Intellectual Property
13.1. The User acknowledges that the services, including any content developed and made available by EBANX, whether or not containing the EBANX logo, are the property of EBANX and may not be disclosed, copied, rented, modified, sold, distributed or otherwise exploited by the User without the express permission of EBANX. Materials developed by EBANX are protected by industrial property and copyright laws.
13.2. The User agrees not to use EBANX proprietary information or materials in any way except for the use of the services for its personal, non-commercial use in accordance with these Terms.
14. Acts of god and force Majeure
14.1. EBANX and/or its affiliates shall not be considered in default or breach of any of their obligations under these Terms if the reason for the breach is due to an act of God or force majeure.
15. Forum Selection
15.1. These Terms shall be interpreted in accordance with the laws of the country where the services described herein have been provided to the User and shall be subject to the exclusive jurisdiction of its courts, this being the chosen and competent forum, however privileged another may be with the present Terms.
15.2. No failure delay by EBANX to exercise any of the rights it has under these Terms, or any law will be construed to be a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of these Terms or prejudice EBANX right to take subsequent action against the User.