PRIVACY POLICy

 

PokerPlex

Last Revised: February 2003

 

IMPORTANT -- READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT:

These terms and conditions constitute a legally binding agreement between Poker Plex (Malta) Ltd. and you, the end user. If you have any questions, we encourage you to seek independent counsel prior to clicking on the "ACCEPT" button. By law, clicking on "ACCEPT" binds you to the terms and conditions of this agreement.

1. ACCESS TO POKERPLEX.

Poker Plex (Malta) Ltd. has an Agreement with Wagerlogic Poker Software Ltd that permits Poker Plex (Malta) Ltd. to use a system of enabling software ("the Software") in connection with Poker Plex (Malta) Ltd.’s Internet poker service ("PokerPlex"), and further permits Poker Plex (Malta) Ltd. to grant access through PokerPlex to a centralized poker room operated by Wagerlogic Poker Software Ltd.. Poker Plex (Malta) Ltd. operates PokerPlex, under the trade name PokerPlex, by virtue of a license granted to it by the Government of Malta.

2. USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS.

a) You represent and warrant that you are 18 years of age or older and of legal age in the jurisdiction in which you reside. For those under the legal age limit, or in jurisdictions where Internet gaming is prohibited, Poker Plex (Malta) Ltd. has provided a version of PokerPlex that can be played for fun, and not for real money, online. If you are under the legal age limit or live in a jurisdiction where Internet gaming is prohibited, you agree that you will only play PokerPlex using the Play for Fun games.

b) You are responsible for the security of your user name, password and personal identification number.

c) You will be solely liable for any losses, damages, costs or expenses from the use of your user name, password and personal identification number by others, whether authorized or not.

d) You accept and agree to be bound by all bets placed over the Internet in connection with the use of PokerPlex, whether by you or by anyone else using your user name and password, whether authorized or not, and that you have no claim against Poker Plex (Malta) Ltd. of any nature whatsoever relating to any losses arising from or in connection with such bets other than as stipulated in Clause 6 of this Agreement.

e) You are solely responsible for supplying your own equipment (which may include a personal computer system, telephone, telephone lines and modem), Internet communications software and operating system software which conforms with Poker Plex (Malta) Ltd.’s standards for use with the Software, and for maintaining the equipment in good working order, all at your own expense. You will only copy and use the Software on a machine at which you are the primary user. You represent and warrant that you possess the necessary skills to operate the equipment and software. Poker Plex (Malta) Ltd. will not provide support or assistance relating to any hardware or any software other than the Software that enables you to use PokerPlex.

f) You are solely responsible for all use of PokerPlex through your user name, password and/or personal information number, whether authorized or not. You will not permit others, including but not limited to persons under the age of 18 and/or under the legal age limit, to use PokerPlex through your user name, password, and/or personal identification number.

g) You will not copy or otherwise distribute the Software, and you will be solely liable for any damages, costs or expenses arising from unauthorized copying or distribution.

h) You will not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works based on the Software, and you will be solely liable for any damages, costs or expenses arising from the above. If Poker Plex (Malta) Ltd. finds any evidence or has any suspicion that you have tampered with the Software in any way, in addition to any other remedies available to it, Poker Plex (Malta) Ltd. may withhold payment of your winnings.

i) You will use PokerPlex for your own personal entertainment only, and not for any business or commercial purpose.

j) You accept and agree to abide by both the terms and conditions of this agreement, as amended time to time, and the rules of PokerPlex games.

k) PokerPlex utilizes a random number generator software program, and you acknowledge and accept that its determination of the random numbers of PokerPlex games you play will be conclusive.

l) You acknowledge that if any statement made or information provided by you to Poker Plex (Malta) Ltd. is untrue or any representations and/or warranties made by you in this agreement are untrue, whether now or at any time that you place a bet, this agreement will be void, and you will be liable to Poker Plex (Malta) Ltd. for any damages and/or costs suffered as a result.

m) You accept that Poker Plex (Malta) Ltd. will use its best efforts to keep your account confidential, HOWEVER, your participation in PokerPlex games will display account balance and username information in a manner that will be viewable by other participants.

3. LEGALITY.

PokerPlex games are played over the Internet that reaches virtually every country in the world. Some jurisdictions have not addressed the legality of your use of PokerPlex, while some have specifically made Internet gaming illegal. It is impossible for Poker Plex (Malta) Ltd. to determine the state of the law in every jurisdiction around the world on an ongoing basis. Therefore, you accept sole responsibility for determining the laws that apply in your jurisdiction and for the actions you take whether you have or have not made a determination as to the legality of Internet gaming in your jurisdiction. Poker Plex (Malta) Ltd. makes no representation or warranty, expressed or implied, regarding the legality in your jurisdiction of your use of PokerPlex, or of Internet gaming systems generally.

4. GOVERNMENTAL DISCLOSURE AND TAXATION.

While Poker Plex (Malta) Ltd. generally does not provide details of your net winnings or losses to anyone (whether taxation authorities or otherwise), it reserves the right to release the information requested by any governmental agency, regulatory body or court of law, whether pursuant to a court order or otherwise. In some jurisdictions proceeds from gaming are tax free, while in others such proceeds are taxable. If the winnings are taxable in your jurisdiction, you are solely responsible to keep track and report your winnings to the appropriate authorities.

5. NO WARRANTIES.

POKER PLEX IS PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POKER PLEX (MALTA) LTD DOES NOT WARRANT THE FUNCTIONS CONTAINED IN POKER PLEX OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATION WILL BE UNINTERRUPTED AND ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF POKERPLEX AND THE SOFTWARE LIES WITH YOU, THE END USER.

6. LIMITED LIABILITY.

POKER PLEX (MALTA) LTD'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF POKERPLEX, WHETHER FOR BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS POKERPLEX. POKER PLEX (MALTA) LTD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF POKERPLEX (INCLUDING LOSS OF REVENUE, PROFITS, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF POKER PLEX (MALTA) LTDRECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

7. INDEMNITY.

You indemnify and hold harmless Poker Plex (Malta) Ltd., Wagerlogic Poker Software Ltd., their respective licensees, end users, distributors, parents, subsidiaries, affiliates and all of their officers, directors, employees, advertising, promotion or other agencies, media partners and others from any suit, demand, cause of action, claim, liability, costs and expenses (including reasonable legal fees), liabilities, damages, fines, penalties, fees or any other charges whatsoever that may arise as a result of your use of PokerPlex or breach of this Agreement, whether through negligence or otherwise.

8. INFORMATION TRANSMITTED OVER THE INTERNET.

Poker Plex (Malta) Ltd., Wagerlogic Poker Software Ltd. and their respective licensees, distributors, parents, subsidiaries, affiliates and all of their officers and directors will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.

9. INTELLECTUAL PROPERTY.

Title, ownership and all intellectual property rights in the Software belong to Wagerlogic Poker Software Ltd., including any images, photographs, animations, video, audio, music and text that may be part of the Software. The Software in source code form is a trade secret of Wagerlogic Poker Software Ltd.. Moreover, the Software is protected as a collected work under applicable copyright laws. The copying, redistribution or publication of the content or any part of the Software is strictly prohibited. Title, ownership and all intellectual property rights in the name "PokerPlex" remains with Poker Plex (Malta) Ltd..

10. NATURE OF RELATIONSHIP.

The relationship between you and Poker Plex (Malta) Ltd. is a business relationship and shall not at any time be construed as a fiduciary relationship.

11. PERSONAL ACCOUNT.

As a condition of entering into this agreement, you must open an electronic cash account with ECash Direct (an "ECash Direct account") (Licence agreement is below). You must not place bets of amounts greater than the balance in your Ecash Direct account. Any Ecash winnings will be placed back into your ECash Direct account. By accessing PokerPlex and placing bets, you authorize Poker Plex (Malta) Ltd. to deal with ECash Direct to relay ECash Direct deposit and withdrawal instructions on your behalf. Poker Plex (Malta) Ltd. reserves the right to instruct ECash Direct to refuse any application for an ECash Direct account or to close any existing ECash Direct account at any time for any reason. In the event that Poker Plex (Malta) Ltd. elects to instruct ECash Direct to close your ECash Direct account, the balance subject to any amounts in dispute will be paid out to you.

12. RIGHT TO LIMIT.

Poker Plex (Malta) Ltd. reserves the right to refuse or limit any wager.

13. GAMING SERVICE.

As part of PokerPlex, Poker Plex (Malta) Ltd. will provide poker games, including Texas Hold'em and 7 Card Stud, and may provide other games and/or services from time to time.

(a) PokerPlex games will be operated and played in accordance with the rules of the New Jersey Casino Control Commission as applicable.

(b) Poker Plex (Malta) Ltd. may, in its absolute discretion, alter or amend or withdraw any game from PokerPlex or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of PokerPlex, or the Poker games.

(c) Poker Plex (Malta) Ltd. or Wagerlogic Poker Software Ltd. reserves the right to terminate your access to PokerPlex at any time, for any reason.

14. GAMING RESULTS.

If there is any discrepancy between the gaming results on your computer and the results on the game server, the results on the game server shall be final and binding.

15. NO LIABILITY FOR ERRORS.

In the event that the gaming computer hardware or the gaming server does not properly implement the rules of a poker game, or does not properly implement the random number generator, or does not make proper account for the play that has occurred or if a human error is made by Poker Plex (Malta) Ltd., any of its suppliers, or anyone else involved in creating, producing or delivering PokerPlex, Poker Plex (Malta) Ltd. will not be liable for any winnings which may occur as a result thereof. You will forfeit any winnings which result from any error whatsoever, whether caused by computer or human error, a bug in the system, or otherwise.

16. DISPUTES.

In the event of any dispute regarding a wager or winnings, the decision of Poker Plex (Malta) Ltd. shall be final and binding.

17. CHANGES TO THIS AGREEMENT AND TO POKERPLEX OR POKER GAMES.

Poker Plex (Malta) Ltd. may modify, restate or amend the terms and conditions of this agreement, or change or modify PokerPlex or Poker games, or modify, restate or amend the rules to PokerPlex games, from time to time by posting a copy of the change, modification, restatement or amendment:

(i) in the "user message" that pops up on your screen from time to time when you log on to use PokerPlex, or (ii) on the "read me text" notice which pops up on your screen when you download and install the Software, or (iii) in any other manner Poker Plex (Malta) Ltd. deems necessary or appropriate in the circumstances.

A copy of this agreement, as updated from time to time, is available for your review at any time on PokerPlex Internet web site at www.pokerplex.com. If you commence or continue to use PokerPlex after the effective date of the modification, restatement or amendment to the terms and conditions of this agreement, or of the change or modification to PokerPlex, or modification, restatement or amendment to the rules of PokerPlex games, you will be deemed to have accepted the change whether or not you have chosen to read the user message, read me text and/or Internet home page notice.

If you are playing the online version, you will be deemed to have accepted any change to the terms and conditions of this agreement if you continue to play in PokerPlex after the effective date of change as posted on the PokerPlex’s Internet home page at www.pokerplex.com.

18. TERMINATION.

Poker Plex (Malta) Ltd. may, in its absolute discretion, terminate this agreement at any time without prior notice.

19. GOVERNING LAW.

This agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction that has issued the gaming license pursuant to which PokerPlex is operated. You agree to submit to the exclusive jurisdiction of its courts.

20. ENTIRE AGREEMENT.

This document constitutes the entire agreement between you and Poker Plex (Malta) Ltd. and supersedes any prior understandings, agreements or commitments, whether written or oral between you and Poker Plex (Malta) Ltd..

21. GOVERNING LANGUAGE.

The original text of this agreement is in English and any interpretation of this agreement will be based on the original English text. If this agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.

 

ECASH DIRECT

TERMS AND CONDITIONS

 

Last Revised:   February 2003

 

IMPORTANT -- READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT:

 

ECash Direct (UK) Limited "ECash Direct" encourages you to obtain independent legal advice prior to executing this Agreement. By clicking on the "ACCEPT" button located at the bottom of this page, or by installing or otherwise using the ECash Direct software including any documentation relating to it (the “Software"), you agree to be bound by the terms and conditions of this Agreement INCLUDING THE LIMITED WARRANTIES AND LIMITATIONS AND EXCLUSIONS OF LIABILITY CONTAINED IN IT. Your acceptance of this Agreement indicates that you have read and understood the policies and procedures relating to the Software and ECash Direct's electronic cash services (the “Services") at ECash Direct's web site at www.ecashdirect.net.

1) USE OF THE SOFTWARE.

Subject to the terms, conditions and restrictions contained in this Agreement, and subject to the payment of any requisite fees (the "Fees"), ECash Direct permits you to use the Software and the Services.

2) USE OF THE SERVICES.

The Software and the Services allow you to perform secure electronic financial transactions over the Internet including the buying and selling of merchandise and/or services, the distribution of software and the secure transmission of information (including e-mail documents).

  • a)       Subject to the terms, conditions and restrictions contained in this Agreement, you may use the Services to transfer funds (a "Transfer Transaction");
    •                      i.      from you to your account maintained by ECash Direct using the Software ("User Account");
    •                    ii.      from your User Account to you; and
    •                   iii.      from your User Account to the account of a merchant ("Merchant"). A Merchant is a participating web site that accepts Transfer Transactions from User Accounts in exchange for merchandise and/or services.
  • b)       You may execute a Transfer Transaction by any of the following means:
    •                      i.      by providing ECash Direct with a valid cheque, or
    •                    ii.      by such other method deemed acceptable by ECash Direct, in its absolute discretion, from time to time.

 

  • c)       You may instruct ECash Direct to conduct a Transfer Transaction transferring funds from your User Account. In order to do so, you must first provide ECash Direct with such information as ECash Direct may require from time to time, which information you shall provide to ECash Direct
    •                      i.      in writing;
    •                    ii.      via e-mail; or
    •                   iii.      through any other electronic process provided for in the Software from time to time.

 

  • d)       Except as herein provided, once you have instructed ECash Direct to conduct a Transfer Transaction (an “Authorised Transfer Transaction”), it may not be terminated or reversed by you.  ECash Direct reverses the right to reverse an Authorised Transfer Transaction if in our sole discretion it is necessary to do so. If you or ECash Direct assert that any Authorised Transfer Transaction or Transfer Transaction was made in error or without valid authorization, ECash Direct may, in its absolute discretion, reverse or adjust such Transfer Transaction.

 

  • e)       ECash Direct will have no liability whatsoever for any claims, damages or expenses which you or any third party may incur or suffer as a result of:
    •                      i.      the processing, reversal or adjustment of any Authorised Transfer Transaction;
    •                    ii.      ECash Direct's failure or refusal to process, reverse, or adjust any Authorised Transfer Transaction;
    •                   iii.      any delay (regardless of the cause) in the processing, reversal or adjustment of any Authorised Transfer Transaction.

 

  • f)         Notwithstanding the provisions of this Section 2, ECash Direct may, in its sole and absolute discretion:
    •                      i.      refuse to process any Transfer Transaction for any reason whatsoever; or
    •                    ii.      modify the means by which Users may effect a Transfer Transaction.
  • g)       ECash Direct will ensure that any unutilised cleared funds in your User Account are from time to time, subject to chargebacks and any applicable financial charges, moved to separate accounts and held to your order.

3) USER ACCOUNT.

a) USE OF PERSONAL INFORMATION. It is necessary for ECash Direct to collect personal information from you in order to set up and maintain your User Account. Therefore, by using the Software and Services and communicating electronically with us, you acknowledge and agree to ECash Direct processing your personal data in the ways set out in this Paragraph 3.

Uses of Data

ECash Direct will primarily process your data for the purposes of providing you with the Services.  In addition ECash Direct may make your personal data available to other ECash Direct’s affiliates, parents and subsidiary companies for the purposes of statistical and market analysis and for informing you about products and services offered by such undertakings.  You agree that ECash Direct may disclose your personal data to its affiliates and partners for the purposes of those affiliates or partners providing you with any services that you have requested from such affiliates or partners.  We may disclose personal information to other companies within the ECash Direct group of companies, our affiliates, business partners, government bodies and law enforcement agencies, successors in title to our business and third party suppliers we engage to process data on our behalf or to other third parties for the purposes of providing you with the Software and Services.  You have a right to access the personal data held about you.  To obtain a copy of the personal information ECash Direct holds about you, please write to us at the address below.

International Transfers

In order to operate effectively, ECash relies on the collection, storage and use of information about individuals in all countries and territories where it operates.  The collection and storage of this information and its further use by ECash Direct and its affiliates, parents, subsidiaries and operating companies on a global basis (including via the Internet) involves regular transfers of personal data from one country to another.

Credit Searches

ECash Direct may search your own individual record at a credit reference agency.  They will add to your record details of our search and your application and this will be seen by other organisations that make searches.  Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners.  For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records. 

ECash Direct may use a credit scoring or other automated decision-making system when assessing your application.

ECash Direct will also add to your record with the credit reference agency details of your agreement with Ecash Direct, the payments you make under it and any default or failure to keep to its terms. It is important that you give ECash Direct accurate information.  ECash Direct will check your details with fraud prevention agencies and if you give us false or inaccurate information and ECash Direct suspects fraud, it will record this

These records will be shared with other organisations and used by ECash Direct and them to:

·          help make decisions about credit and credit related services such as insurance for you and members of your household; and

·          trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts.

Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.  If you require details of those credit reference and fraud prevention agencies from which ECash Direct obtains and with which ECash Direct records information about you, then please write to ECash Direct at the address below.

b) MULTIPLE USER ACCOUNTS. In the event that you have multiple User Accounts, such multiple User Accounts shall be deemed to be a single User Account for the purposes of this Agreement. ECash Direct may in its sole and absolute discretion consolidate such multiple User Accounts into a single User Account.

c) INACTIVE USER ACCOUNT. Your User Account will be deemed to be inactive if you do not process a Transfer Transaction from your account to the account of a Merchant during a continuous period of ninety (90) days. Once your User Account is deemed to be inactive, you agree pay ECash Direct a monthly service fee of US$2.00 (or the current balance of your account, if less) so long as a balance remains after which the account will be closed. You authorize ECash Direct to debit this fee from your User Account on the first day of the month following the day on which your User Account is deemed inactive, and on the first day of every subsequent month that your User Account remains inactive, until (i) your User Account becomes active again or (ii) the balance of your User Account is nil.

4) RESTRICTIONS.

ECash Direct may impose any restrictions upon your use of the Services which it deems necessary, in its sole and absolute discretion, at any time and without prior notice. Such restrictions may include, but are not limited to:

a) Refusing to accept your User Account application for any reason whatsoever; and,

b) Closing your User Account at any time and for any reason whatsoever, provided that ECash Direct shall refund the balance in your User Account, except as otherwise provided herein.

5) DETERMINATIONS.

ECash Direct may make final and binding determinations in respect of your User Account, including but not limited to: a) timing of Transfer Transactions; b) maximum and minimum amounts of Transfer Transactions; c) the maximum aggregate amount of Transfer Transactions made by you during any given period; and d) means by which Transfer Transactions shall be commenced and/or processed;

6) YOUR WARRANTIES, REPRESENTATIONS AND COVENANTS:

In consideration for the rights and privileges permitted herein, you provide ECash Direct with the following warranties, representations and covenants. You acknowledge that these warranties, representations and covenants are provided solely for ECash Direct's benefit and that ECash Direct is relying on these warranties, representations and covenants. You warrant, represent and covenant that:

a) You are of legal age where you are resident ("Local Jurisdiction") and at least 18 years of age.

b) You will not use the Software or the Services to engage in any activity which you know, or reasonably ought to know, will (or may) be illegal in the Local Jurisdiction.

c) You will be solely responsible for obtaining any and all equipment and any third party software and/or third party services (including but not restricted to Internet access) and all licences and other permissions necessary in order for you to properly operate the Software and use the Services. You are solely responsible for ensuring the suitability of any such equipment, third party software and third party services and for any and all costs associated therewith. You shall not hold ECash Direct responsible for any losses or damages you may suffer through the use or misuse of such equipment, third party software and third party services.

d) You will only use the Software and the Services in accordance with the provisions of this Agreement.

e) You are responsible for the protection of your ECash user name, password and personal identification number (collectively the "Confidential User Information"). You will take all necessary and reasonable steps to protect the Confidential User Information from disclosure. You will not divulge the Confidential User Information to any third party. You will not permit third party to use the Software or the Services by using your Confidential User Information. You are solely liable for any and all losses, damages, costs or expenses that occur due to the disclosure of the Confidential User Information, whether authorized by you or not.  You are solely responsible for all use of the Services via your Confidential User Information.

f) You will treat all funds in your User Account with the same care and security precautions as you would cash money, but always using no less care than that of a reasonable person under similar circumstances.

g) You will pay ECash Direct for all services and/or merchandise purchased through the Services. In the event of your disputing and/or failing or refusing to pay for any services and/or merchandise, ECash Direct reserves the right to take any action it deems appropriate, including but not limited to terminating this Agreement and/or terminating your use of the Software or the Services. You will be liable for and pay ECash Direct for all services and/or merchandise purchased through the Services if you continue to use the Services after disputing and/or failing to pay for any services and/or merchandise purchased. Your continued use of the Services under this Agreement constitutes acceptance of prior transactions effected through the Services.

h) A Transfer Transaction to a Merchant out of your User Account signifies your intention to pay that Merchant for any and all services and/or merchandise purchased. If you later dispute an Authorised Transfer Transaction ("Disputed Transfer Transaction",) your dispute lies solely between you and the Merchant, and not with ECash Direct. You will remit to your User Account the amount equal to the Disputed Transfer Transaction immediately, failing which, you shall remain liable to ECash Direct for the amount equal to the Disputed Transfer Transaction and ECash Direct reserves the right claim against you for the same, in addition to interest and costs.

i) Any and all information which you have provided to ECash Direct with respect to this Agreement or the Services is true in every respect and will continue to be true in every respect throughout the term of this Agreement. You agree to duly notify ECash Direct of any changes to such information immediately.

7) YOUR ACKNOWLEDGMENTS.

You acknowledge that:

  • a)       Your User Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to the Local Jurisdiction.
  • b)        Nothing in this Agreement shall be construed so as:
    •                      i.      to create any trust or fiduciary relationship between you and ECash Direct; or
    •                    ii.      to grant you any security interest whatsoever in the assets of ECash Direct.

 

  • c)       ECash Direct generally does not provide details of your User Account to any third party, but reserves the following rights:
  •                      i.      to release any and all information with respect to your User Account and/or your use of the Services in response to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;
  •                    ii.      to provide details of your User Account and/or your use of the Services to any online merchant directly associated with your User Account;
  •                   iii.      to provide details of your User Account and/or your use of the Services to the police or other investigatory agency pursuant to a subpoena issued by a court of law;
  •                   iv.      to provide details of your User Account and/or your use of the Services to your credit card issuer, bank or credit reporting agency for the purpose of conducting a credit investigation;
  •                     v.      to provide details of your User Account and/or your use of the Services to a credit reporting agency where the User has failed to pay ECash Direct for a disputed transaction(s) and evidence exists to substantiate the transaction(s);
  •                   vi.      to seek verification of any information provided by you in relation to your User Account or your use of the Services, at any time, and may in so doing disclose such information to third parties for such verification purposes;
  •                  vii.      to provide details of your User Account and/or your use of the Services to a third party for the purposes of providing you with the Services or to a successor in title to the ECash Direct business.
  • d)       The maximum amount of a Transfer Transaction out of a User Account may not exceed the amount of all previous Transfer Transactions into the User Account (including but not limited to credit card deposits minus any chargebacks) minus the amount of all previous Transfer Transactions out of the User Account minus applicable service charges and/or fines.

 

8) THE SOFTWARE .

  • a)       Title, ownership rights and intellectual property or other proprietary rights in and to the Software and the Services are owned by ECash Direct (or its licensors) and are protected by all applicable intellectual property laws and international treaty provisions. All rights not expressly granted to you hereunder are reserved to ECash Direct. If you become aware that the Software or the Services are being used in any manner not authorized by this Agreement or otherwise, you will immediately notify ECash Direct.
  • b)       You will not sell, assign, sub-licence, distribute, rent, transfer or lease the Software, and you will be solely liable for any damages, costs or expenses arising from unauthorized sale, assignment, distribution, renting or leasing thereof.  You will not make or distribute copies of the Software. You will not make the Software available on a computer network or otherwise make the Software available to any third parties without the prior consent of ECash Direct.
  • c)       You will not copy, reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of the Software, or create derivative works based on the Software, and you will be solely liable for any damages, costs or expenses arising from the foregoing.
  • d)       You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
    •                      i.      in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights);
    •                    ii.      that has harmful or destructive or damaging properties; or
    •                   iii.      which is likely to cause harm or damage to the computer systems, network or equipment of any third party.
  • e)       You acknowledge and agree that the Software and any related documentation or other materials provided by ECash Direct is the confidential information of ECash Direct.  You agree not to disclose such confidential information to outside parties without our prior written consent, and you shall use such confidential information only to further the purposes of this Agreement. Your obligations with respect to such confidential information shall survive termination of this Agreement.  You will procure that any of your employees or contractors to whom confidential information is disclosed (subject to our prior consent) comply with these confidentiality obligations.

9) SOFTWARE UPGRADES.

 

ECash Direct may develop or issue upgraded versions of the Software from time to time. At its sole option, and for a fee to be determined, ECash Direct may make such upgrades available to you. If the Software you have is labelled as an upgrade, you must be properly licensed to use a product identified by ECash Direct as being eligible for the upgrade in order to use the Software, and you may only use the upgraded Software in accordance with the terms and conditions that accompany it.  The upgraded Software is deemed to be Software and is subject to all the terms and conditions of this Agreement relating to the Software.

 

10) TERM.

 

This Agreement is effective from the date you click on the "ACCEPT" button and it shall continue in effect until terminated as provided herein.

 

11) TERMINATION.

 

ECash Direct may terminate this Agreement at any time, and for any reason whatsoever, including but not limited to your failure or refusal to pay for any services and/or merchandise purchased, without notice to you. You may terminate this Agreement at any time by notifying ECash Direct in writing prior to such termination. Upon termination of this Agreement, you shall immediately:

a) discontinue use of the Software;

b) pay all amounts due and owing to ECash Direct; and

c) return to ECash Direct, or certify destruction of, all full or partial copies of the Software, related documentation and materials in your possession, custody power or control.

Your obligation to pay amounts due to ECash Direct and to return the foregoing shall survive termination.  On termination ECash Direct will arrange for the return to you of any unutilised balance on your User Account within a reasonable time of your request subject always to ECash Direct’s right to deduct any amounts owed by you to ECash Direct and any applicable transaction charges form such balance before remittance to you.  

 

12) NO WARRANTIES.

 

a) THE SOFTWARE, THE SERVICES AND ANY RELATED DOCUMENTATION ARE SUPPLIED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ECASH DIRECT DOES NOT WARRANT THAT THE SERVICES, THE SOFTWARE OR ANY RELATED DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR SECURE, OR THAT ANY SOFTWARE DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE, THE SERVICES AND ANY RELATED DOCUMENTATION LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE OR THE SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE AND THE SERVICES SUFFICIENTLY MEET YOUR REQUIREMENTS.

 

b) IN THE EVENT THAT YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR TO ACCESS THE SERVICES, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.

 

13) LIMITED LIABILITY.

 

a) IN NO EVENT WILL ECASH DIRECT, ITS LICENSEES, DISTRIBUTORS, SUBSIDIARIES, AFFILIATES AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SOFTWARE OR THE SERVICES, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SERVICES. THIS DISCLAIMER AND LIMITATION APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, INTERRUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ECASH DIRECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ALSO ACKNOWLEDGE THAT THE NOMINAL LICENSE FEE, IF ANY, REFLECTS THIS ALLOCATION OF RISK.  NOTHING IN THIS AGREEMENT SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

b) ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST ECASH DIRECT, MUST BE BROUGHT NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM NOT BROUGHT WITHIN SUCH PERIOD.

14) REMEDIES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED FOR HEREIN, YOU ACKNOWLEDGE THAT ECASH DIRECT'S MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT AND YOUR SOLE REMEDY HEREUNDER, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID TO ECASH DIRECT FOR YOUR USE OF THE SERVICES.

15) INDEMNITY.

You shall defend, indemnify, and hold ECash Direct, its parent, subsidiaries, partners (including anyone else involved in creating, producing or delivering the Software or the Services) and affiliates and their directors, officers, employees, and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including legal fees, resulting from, arising out of, or in any way connected with: your misuse of the Software and Services, any breach of this Agreement by you, your acts or omissions, the enforcement or protection or clarification of ECash Directs rights under this Agreement, the processing, reversal or adjustment by ECash Direct of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction and for any failure by ECash Direct and/or delays (however caused) incurred in the processing, reversal or adjustment by ECash Direct of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction.

16) NO ENDORSEMENT OF MERCHANT AND/OR THIRD PARTY GOODS OR SERVICES.

a) The display of a ECash Direct trademark (including, but not limited to the display of any ECash trademark) on any third party's web site or product does not constitute an endorsement of such third party, nor of such third party's web site, nor of such third party's products or services.

b) It is possible to use the Software and the Services to access and/or use content, goods and/or services made accessible to you by third parties. ECash Direct does not endorse such third party content, goods or services nor does ECash Direct warrant their performance. You acknowledge that any access to or use of such third party content, goods and/or services are at your own risk, and that ECash Direct shall have no liability to you or any third party for any losses or damages which you or any third party may suffer as a result of the access to or use of such third party content, goods and/or services.

17) AVAILABILITY OF THE SERVICES.

ECash Direct shall use reasonable commercial efforts to ensure

(i) that the portion of the Services which are typically provided on-line shall be available seven days a week, twenty-four hours a day; and

(ii) that the portion of the Services which are typically provided off-line shall be available Monday through Friday, between 9:00am and 5:00pm Eastern Standard Time. Notwithstanding the foregoing, ECash Direct shall not be liable for any loss or damage which you or any third party may suffer as a result of ECash Direct's failure to provide the Services.

18) US GOVERNMENT PROCUREMENT.

No United States of America government procurement regulations or Federal acquisition regulations shall be included hereunder or be binding on either party unless specifically agreed to in writing prior to incorporation herein.

19) UN CONVENTION.

The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded.

20) NATURE OF RELATIONSHIP.

The relationship between you and ECash Direct pursuant to this Agreement is a business relationship and shall not at any time, either directly or indirectly, constitute or be construed as a partnership, joint venture, trust arrangement or fiduciary relationship.

21) DISCREPANCY WITH SERVER.

In the event of any discrepancy between your on-screen display and ECash Direct's server with respect to balance in your User Account, the balance held on ECash Direct's server is deemed to be the balance in your User Account and this determination shall be final and binding.

22) DISPUTES.

In the event of a dispute between you and ECash Direct in connection with this Agreement and/or your use of the Software or the Services, the determination of ECash Direct shall be final and binding.

23) RIGHT TO AUDIT.

You agree / permit ECash Direct to audit your compliance with this Agreement, as ECash Direct deems reasonably necessary at any time for any reason.

24) NOTICE.

You will send all communications required in connection with any matter relating to this Agreement and/or the Services by regular mail to the physical address or by electronic mail to the E-mail address noted below. Any such communication shall be deemed to have been received by ECash Direct upon actual receipt thereof.

 

Customer Services

ECash Direct (UK) Limited

Level 7 Westec House

Westgate Rd

Ealing, London

W5 1YZ

United Kingdom

E-mail: account.services@ecashdirect.net

 

25) AMENDMENT TO THIS AGREEMENT.

 

Any changes to this Agreement take effect from the date that the changes are uploaded to the ECash Direct site.  ECash Direct will make reasonable efforts (in our discretion) to notify you of changes to this Agreement however you acknowledge that you have responsibility for regularly checking whether this Agreement has changed when you use the Software and Services. 

 

IF ANY MODIFICATION OF THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING SUCH MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH MODIFICATION.

26) SURVIVAL.

The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement.

27) MISCELLANEOUS.

This Agreement, shall constitute the complete and exclusive agreement between you and ECash Direct and supersedes all other proposals, prior understandings or agreements of the parties pertaining to the Software or the Services. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity or enforceability of the particular provision in other jurisdictions, or invalidating the remaining provisions of this Agreement. The original text of this Agreement is in English and any interpretation of this Agreement will be based on the original English text. If this Agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.

28) FORCE MAJEURE

We shall not be liable to you for any failure to comply with our obligations under this Agreement to the extent that such failure is beyond our reasonable control.

29) ASSIGNABILITY AND ENUREMENT

You may not assign this Agreement to any third party without our prior written consent. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each parties respective successors and assigns.  ECash Direct assign, transfer or novate any or all of our rights and obligations under this Agreement to any third party.

30) NOTICES

If ECash Direct needs to contact you or give you formal notice under this Agreement it will make such contact or give notice by any reasonable means in the circumstances based on the information that it holds about you or that you have provided it with.  Such contact or notice may be by email, letter, fax, other electronic communication or otherwise.  If ECash Direct uses the details that it holds on you to serve notice then you will be deemed to have received the notice within a reasonable time after ECash Direct sends it.  You agree that you will notify ECash Direct if your contact details change. 

31) GOVERNING LAW.

This Agreement shall be governed by the laws of England and Wales as are in force from time to time including, without limitation, the Electronic Communications Act, 2000 (C.7).  By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that ECash Direct determines in its sole discretion in respect of any disputes arising out of, or connected with, this Agreement.  Nothing in this paragraph shall prevent ECash Direct from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.


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