PayAveta Terms of Use


Effective Date: April 01, 2023

The PayAveta Terms govern your use of the PayAveta App, a financial platform that includes mobile applications, websites, software, cloud-based solutions, and other products and services (the "Service") offered by PayAveta. These PayAveta Terms are a legal agreement between you, as a current or prospective user of the Services, and PayAveta Limited (hereinafter "PayAveta," "we," "our," or us"). You agree to be governed by these PayAveta Terms and any rules referred to in them (collectively, "Policies"), including our Privacy Policy , as revised from time to time, by accessing and using the Platform. You must discontinue using or gaining access to the Platform right away if you disagree with any of the PayAveta Terms or any other provisions of the Agreement. If you are using the Platform on someone else's behalf, you guarantee that you are able to bind that person to these PayAveta terms and the agreement.

Revisions, Disclosures and Notices

We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website and changing the "Effective Date" above or communicating it to you through the Services (each a “Revised Version”). Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the PayAveta Terms in place when the Dispute arose.

PayAveta's E-Sign Consent is accepted by you. By publishing it on our website, sending you push notifications through the Services, or emailing the email address specified in your Account, we may give you the disclosures and notices demanded by law as well as additional information regarding your Account (see below). The same meaning and consequences apply to electronic disclosures and notices as they would have if we had sent them to you in physical form. Such disclosures and notifications shall be deemed to have been sent to you when posted on our website or when pushed or emailed to you, whichever occurs first, within twenty-four (24) hours. Contact the PayAveta App Support if you want to stop receiving electronic messages. You might need to cancel your Account if we can't accommodate your request.

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PayAveta Account


Eligibility and Account Registration

You must be a resident of one our supported countries, at least 18 years and you must register for an account (your “Account”) to use the Service. Some features, such as the ability to send money to another PayAveta App customer with the balance in your Account, may be available only if you provide us with certain information about you and we are able to verify your identity.

A.Registering, Opening, Using, or Upgrading an Account
To register, open, use, or upgrade an Account, PayAveta may require that you submit certain information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, and a government issued form of identification to PayAveta. You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate, and you agree to keep your Account Information current.

B.Restricted Accounts
When you first open your Account, it will be a “Restricted Account.” With a Restricted Account, you will not be able to make a payment to another PayAveta App customer using your PayAveta App Balance. If you have a Restricted Account and you attempt to make a payment to another PayAveta App customer from your PayAveta App Balance, then you will be given the option of upgrading your Account to an “Unrestricted Account.” To upgrade your Account, you will need to provide us with certain personal information so that we can verify your identity.

C.Validating and Authenticating Your Identity
You hereby authorize PayAveta, directly or through PayAveta's use of third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and Account Information. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources. After we verify your identity, your Account will convert from a Restricted Account to an Unrestricted Account.

In connection with your use of the Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or the Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us. If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then your Account will remain a Restricted Account and you will not be able to use your PayAveta App Balance to make payments to other PayAveta App customers. In addition, we reserve the right to change the account type, suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information.


PayAveta Fees

The fees for using the PayAveta App are found on the wallet fees page of our website. We reserve the right to charge for, or change the fees associated with, the use of the PayAveta App at any time subject to reasonable notice and these PayAveta Terms. A fee may be imposed by PayAveta or an ATM operator for use of the Paya Card (defined below) for Point of Sale, at an ATM, including for a balance inquiry, and by any network used to complete the ATM transaction, as described in your Paya Card Terms (defined below).


PayAveta Username (@username)

You may select a unique alpha-numeric name to identify yourself on the Service (a “username”). You may not select a username that misleads or deceives others as to your business or personal identity or creates an undue risk of chargebacks or mistaken payments, in our sole discretion. We may require you to change your username or details of your Account Information at our sole discretion, and we may deactivate your account, or reclaim or make unavailable your username, without liability to you.

Communications and Devices


Text Messages and Other Communications

By providing us with a mobile number when you sign up for an Account or update the contact information associated with your Account, you consent to receiving text (SMS) messages and push notifications from us. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may opt-out of text messages from PayAveta by changing your notification preferences in the app. You acknowledge that opting out of receiving communications may impact your use of the Services.


Compatible Mobile Devices and Third-Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken” or “rooted.”

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Usage and Ownership of Data and Services


Your Content

The Services may provide the ability to submit or provide feedback, stories, images, documents, logos, goods, loyalty programs, promotions, advertising, and other materials or information (collectively, "Content").

You give us and our affiliates, subsidiaries, and successors a non-exclusive, transferable, irrevocable, perpetual right to use, reproduce, modify, adapt, publish, distribute, publicly perform, and publicly display your Content in any media worldwide for any purpose, including to offer, advertise, and/or incorporate into the Services. Except for the rights you granted to us in these PayAveta Terms, you maintain full ownership of your Content. Your Content may still be present in previous, archived, or cached copies and versions that are accessible on or via the Services even after you delete your Account.

You agree to refrain from posting, transmitting, disseminating, or otherwise making available through the Services any content that is (a) false, deceptive, unlawful, obscene, inappropriate, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages behavior that would be punishable by law or give rise to civil liability; (c) violates or contravenes any obligation to or right of any person or thing, including the right to publicity, the right to privacy, or the right to intellectual property; (d) Contains any dangerous, disruptive, or destructive files, including corrupted data; (e) promotes goods or services that, in our sole opinion, are in direct competition with those of PayAveta or its partners; or (f) that, in our sole discretion, is objectionable, prevents anyone from using or enjoying any aspect of the Services, or that might subject PayAveta, its affiliates, or its clients to liability of any kind.

We are under no duty to monitor any Content, but we reserve the right to do so whenever we see fit, without warning, and for any reason. In order to identify and stop fraud or breaches of the PayAveta Terms, PayAveta may additionally monitor such Content. You are aware that using the Services might expose you to offensive, lewd, or objectionable Content. We disclaim all duty and responsibility for any Content, including any loss or deterioration of any of your Content.


Security

To protect your personal information from unintentional loss and from unauthorized access, use, modification, or disclosure, we have put in place both organizational and technological safeguards. We cannot, however, guarantee that unauthorized third parties won't ever be able to circumvent such safeguards or misuse your personal information. Your personal information is provided at your own risk.

Protecting your password and controlling access to the Services from your compatible computers, mobile devices, or other remote access devices are your exclusive responsibility. In the event that your password, Account, or any other security feature is used improperly, you agree to alert us right away. We reserve the right to decide any disagreements about account ownership between two or more persons. We shall act as the only arbitrator in such matters. Our judgment is final and enforceable against all parties, and it may involve terminating or suspending any Account at issue.


Ownership

All rights that are not expressly given to you in these PayAveta Terms are reserved by us. The copyright, trademark, patent, and other laws of Jamaica and other nations protect the Services. All copies of the Services, as well as all rights, titles, and interests in and to them, are our property. Our trademarks and service marks are not yours to use under these PayAveta Terms.

"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, as well as all of their applications, registrations, renewals, and extensions under the laws of any state, country, territory, or other juristic entity.

You are welcome to provide feedback, comments, or suggestions concerning the Services ("Ideas"). Submitting Ideas is totally optional, and we reserve the right to use them as we see appropriate, with no commitment to you.


Your License

We give you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services only in the manner permitted by these PayAveta Terms. You could be given access to updates to the Services, and in order to use them, you must accept them. This implies that you must make sure that you are using the latest version of the PayAveta App, which may need manual update installation and download. Additional conditions may apply to any such modifications, which would be disclosed to you at the time.


Sharing of Your Personal Information

We will communicate Account Details and transaction information with the other party to your transaction and in compliance with our Privacy Notice, including your name, the amount, and a summary or note.


Infringement of Copyright and Trademarks

We respect others' intellectual property rights and urge that you do the same. Regarding any third-party accusations that your work infringes on the rights of others, we react to all genuine reports of such infringement, and repeat infringers' accounts are suspended or terminated.

PayAveta Wallet Balance


General

Usefulness - Your balance is made up of the monies in your Account that are accessible for future transactions and are not subject to pending transactions (also known as your "PayAveta Wallet Balance"). All monies required to execute any payments started through the Service are strictly your responsibility. You agree to refund PayAveta for any fees, charges, or expenditures incurred as a consequence of inadequate or unavailable funds for any payment you initiate using the Service.

Authorization - When you instruct us through the PayAveta App to add funds from your linked debit card to your PayAveta wallet Balance or make any other transfer, you authorize us to immediately debit the debit card linked to your account for the amount instructed, either in a single or recurring transaction, as applicable. You also authorize us to transfer monies to your appropriate debit card for instructions to add funds that have been canceled or otherwise returned. You can cancel this authorization by unlinking your Eligible debit card from your PayAveta Account.

Limitations - PayAveta maintains the right to place restrictions on the amount you can keep in your PayAveta Wallet Balance and to modify these limits at any time. Funds in your PayAveta Wallet Balance may not be available for all transactions. You may not use your PayAveta Wallet Balance to make payments to other PayAveta App users if you have a Restricted Account unless you first verify your identity becoming an Unrestricted Account.


Funding Your PayAveta Wallet Balance

Users can fund their PayAveta Wallet Balance at a partner retailer that allows PayAveta Wallet Balance funding or by using their Bank Card. Users must have a valid Bank Card and submit their card data on the Platform (such as the 16-digit card number, card expiration date, 3-digit security code, and name inscribed on the card).

1. Cardholder Verification:
a. All recharge transactions made through our Services require the use of a valid payment card or payment method.
b. The payment method must be registered in the name of the user initiating the recharge transaction.

2. User's Responsibility:
a. Users are responsible for ensuring that the payment method used for recharge transactions is in their name.
b. Users shall not use payment methods that are not registered in their own name for recharge transactions.

3. Recharge Transaction Authorization:
a. We reserve the right to verify the name associated with the payment method used for recharge transactions.
b. Recharge transactions will only be processed if the name on the payment methiod matches the name of the user initiating the transaction.
c. If name do not match and funds was used to purchase cryptocurrencies or sent via peer-to-peer transfers, the crypto aseets and/or the ammount will be confiscated.

4. Non-Transferability:
a. The right to use our Services for recharge transactions is non-transferable.
b. Users may not allow others to use payment methods in their name for recharge transactions.

5. Fraudulent Activities:
a. Any attempt to use payment methods not registered in the user's name for recharge transactions is considered fraudulent.
b. We reserve the right to investigate and take appropriate legal action in cases of suspected fraudulent activities.

6. Compliance with Laws:
Users must comply with all applicable laws and regulations regarding the use of payment methods for recharge transactions.

7. Termination:
We reserve the right to terminate or suspend a user's access to our Services if there is a violation of these Terms.


Treatment of Funds

If you have money in your PayAveta Wallet Balance, PayAveta will keep them separate from its corporate funds and will not utilize them for corporate reasons, nor will PayAveta make them accessible to its creditors in the case of bankruptcy. PayAveta will pool your cash with those of other customers and deposit them in one or more bank accounts in PayAveta's name.


Interest

The User acknowledges that it will not earn interest or other revenues generated from funds handled and placed in any account by PayAveta as provided for in "Treatment of Funds," even if PayAveta obtains interest on funds kept for its Users.

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Peer-to-Peer Service

The peer-to-peer service ("Peer-to-Peer Service") allows you to send and receive payments for personal, non-commercial purposes between peers..


Sending Funds

Once you've created an Account and have funds in an Eligible Transaction Account. Please keep in mind that your PayAveta Wallet Balance will not be a "Eligible Transaction Account" unless you provide us with necessary information and we verify your identity, as described above. This implies that you will be unable to utilize the PayAveta Wallet Balance to transmit funds via the Peer-to-Peer Service until (a) you provide us with this information, (b) we validate your identity, and (c) you have an Unrestricted Account. You will not be able to use your PayAveta Wallet Balance to make a payment to another PayAveta App user if you have a Restricted Account. As the party initiating the transfer ("Sender"), you will send monies to your designated recipient ("Recipient") by providing us with the Recipient and the transfer amount (a "Payment Instruction").

You understand and agree that when you use the Payment Services to initiate a Payment Instruction, the Payment Instruction will be processed, funds will leave your Eligible Transaction Account, and we may process the requested transfer of funds to the Recipient at any time after you initiate the Payment Instruction. However, if we require further information regarding the transaction, your identification, or the identity of the Recipient, we may delay executing the transfer and keep such money. You hereby authorize and order us to hold such money until you or the Recipient has given us with the necessary information.

You acknowledge that in the event that we are unable to complete a transaction due to one of the following reasons: I insufficient funds in your Eligible Transaction Account; (ii) a problem with the Payment Service brought on by events beyond our control or by events that you were already aware of when you initiated your Payment Instruction; (iii) incorrect or insufficient Payment Instructions; or (iv) neither you nor the Recipient failing to provide us with any additional information.


Requesting and Receiving Funds

You can also use the Payment Service to ask a Sender to send money to your PayAveta Wallet Balance by specifying the amount and the Sender you want to use. Your payment request will be treated as the Sender's Payment Instruction and processed in accordance with the PayAveta Terms if the Sender grants it.

Your PayAveta Wallet Balance will be used to hold any P2P Payments you receive through the Peer-to-Peer Service.


Peer-to-Peer Service Payment Amount Limits

If you want to send or receive more than $200,000 in Jamaican dollars or the equivalent in any other currency over a seven (7) day period, we'll need more proof of your identity. Depending on certain criteria, PayAveta may place further restrictions on the amount you can transfer in a single transaction or over several transactions during a seven (7) day period. These restrictions are subject to change whenever we see fit.


Service Fees

The Peer-to-Peer Service does not charge any fees at this time to transmit money using an Eligible Transaction Account. With fair advance notice and in accordance with these PayAveta Terms, we retain the right to impose new fees or modify existing ones for using the peer-to-peer service. We charge fees as described at www.payaveta.com/fees.


Payment Cancellation, Stop Payment Requests and Refused Payments

Our ability to halt or cancel a P2P Payment Instruction is contingent on how the Payment Instruction was initiated and whether or not the Payment Instruction has begun processing. We are under no obligation to halt, cancel, or reclaim money connected with a misdirected Payment Instruction.

We shall make every effort to credit any declined, refunded, disallowed, or denied payment to your Eligible Transaction Account or Wallet (depending on the method in which the relevant transaction was initiated). If we are unable to do so, we may restore the Payment to you by other reasonable measures permitted by applicable law.

As a Recipient of a payment made through the Services that is later refunded for any reason, you will be liable for the full amount of the original payment, as well as any applicable fees payable to PayAveta in relation to I the original transaction and (ii) handling the relevant refund or invalidation. We may recover the amount of the relevant payment from you in any way we deem appropriate (subject to applicable legislation), including by setting off against or deducting money held in your name, including your Wallet Balance, and/or instituting collection activities against you in regard to that amount.


Invalid Payments

If you receive a Payment and we subsequently find in our sole judgment that it was invalid for any reason, you hereby permit us to transfer money from the associated Eligible Transaction Account in an amount equal to the applicable Payment.

You understand and agree that we shall have no liability for any Payments you receive, regardless of whether you authorized the Sender to transmit them to you.


Risk of Fraudulent Transactions

The Peer-to-Peer Service is a type of money transfer service. As a result, fraudulent transactions may result in financial loss with no redress.

Paya Card


Issuance of the Paya Card

PayAveta may arrange for an issuing bank to offer you with access to a Paya Card, which is a prepaid payment card, as part of the Services. Any Paya Card is connected to your Account, is funded by your PayAveta Wallet Balance, and may be used anywhere Mastercard or Visa is accepted. Paya Cards can be issued in either virtual or physical form. Follow the in-app steps to activate the virtual card and obtain a physical card.

When you get your actual card in the mail or upon collection at our offices or partner bank, you must activate it by following the instructions in the mailing. Your personal identification number ("PIN") will need to be created, and you may change it via the PayAveta App. Subject to relevant legislation, your physical card may be cancelled, repossessed, or revoked at any moment without prior notice (including for portraying a forbidden signature).


Use of the Paya Card

Your Paya Card may be used to make purchases with a merchant using any available funds in your PayAveta Wallet Balance. When you activate the Paya Card, you instruct PayAveta to use the available funds in your PayAveta Wallet Balance to load your Paya Card for making purchases with your Paya Card and to link the funds from your PayAveta Wallet Balance to your Paya Card upon receipt of funds into your PayAveta Wallet Balance.


Payment Transaction Limits

You can only use your Paya Card to conduct a transaction if you have enough funds in your PayAveta Wallet Balance to cover the total sum of the transaction.


Stopping Payment and Disabling Card

You acknowledge and understand that you do not have the authority to cancel any payment made with your Paya Card. However, if your Paya Card is lost, stolen, or misplaced, or if you otherwise want to block further transactions from your Paya Card, you can disable it using the Platform's "Freeze Card" function or deactivate it using the Platform's "Deactivate Card" feature. This function will not affect the completion of pending transactions that were initiated prior to deactivating your Paya Card. If you have found your card or otherwise want to activate a disabled Paya Card, you must utilize the Platform to pick the "Unfreeze Card" option before your "frozen" Paya Card may be used for transactions.


Card Cancellation

Your Paya Card may be cancelled, or its access suspended at our sole discretion. If we find that you are no longer qualified for your Paya Card, we will let the issuing bank know. Your Paya Card may be cancelled at any moment without prior notice if you are no longer eligible for it, and your money will be returned to you unless it is being investigated for possible illegal conduct or PayAveta is otherwise obligated by law to withhold it.


Disclaimer

Regarding your Paya Card, PayAveta disclaims all explicit or implied guarantees. The loss, theft, destruction, or unauthorized use of your Paya Card is not PayAveta's responsibility, unless expressly specified above or mandated by relevant law.


Third-Party Disclaimer

The logos and trademarks of third-party companies displayed within the PayAveta app or webside are the property of their respective owners. These logos are used solely for the purpose of identifying and representing the associated companies and do not imply any endorsement, sponsorship, or affiliation with PayAveta. Any unauthorized use of these logos is strictly prohibited. PayAveta makes no claim to the ownership of any third-party logos and disclaims any responsibility for their use beyond the intended identification and representation within this app. For inquiries or concerns regarding the use of logos within this app, please contact us at support@payaveta.com. This disclaimer is subject to change without notice.


Paya Card Fees

You may be charged certain fees in connection with your use of the Paya Card. Fees related to use of your Paya Card may be added or modified from time to time. We charge fees as described at www.payaveta.com/fees.

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Virtual/Crypto Currency Services

Virtual/Crypto currency values are subject to rapid and drastic changes that can cause significant losses as well as the complete loss of the virtual currency's worth. As a result, you should carefully assess your financial situation before deciding if keeping or using virtual or cryptocurrency is right for you.


Definitions

Unless otherwise specified, defined terms shall have the same meanings as those provided in the PayAveta Terms. The following definitions apply to capitalized words in these virtual/crypto currency terminology:

“External Virtual Currency Address” means any Virtual Currency address, wallet, or account that is kept and is not owned, managed, or run by PayAveta and is kept outside of the Services.

“Fiat Currency” means government-issued currency.

“Hosted Balance” refers to the virtual currency that you have bought for or put in your virtual currency account (described below), which PayAveta retains as a special deposit for your benefit. You continue to be the owner of the Virtual Currency in your Hosted Balance as a specified depositor. Your Hosted Balance is exclusively kept in PayAveta's ownership for your advantage as a particular depositor.

“Supported Network” means any second-layer protocol constructed on top of a blockchain network, any other virtual currency network, or any other virtual currency network or protocol that we may make accessible to you in conjunction with any or all of the virtual currency services.

“Virtual/Crypto Currency” refers to bitcoin and other cryptocurrencies that may be bought, traded, stored, and transferred using the PayAveta App.

“Virtual Currency Services” refers to bitcoin and other cryptocurrency services available in the PayAveta App.


Virtual Currency Account

Eligibility. You must have a "Virtual Currency Account" in order to access and utilize the Virtual Currency Services. You must meet the following requirements in order to register for a virtual currency account: (a) have an account; (b) use the virtual currency services for personal use and be an individual person, not an entity; (c) reside in one of our supported countries; (d) be at least 18 years old; (e) use the virtual currency services in a supported country; and (f) have provided the information as discussed in the next section.

Verification of identity. You may be required to provide PayAveta with additional personal information in addition to the Account Information in order to use the Virtual Currency Services. This additional information may include, but is not limited to, your name, address, phone number, email address, date of birth, taxpayer identification number, government identification number, details about your bank account (such as the financial institution, account type, and account number), source of funds, and employment information. You confirm that the information is valid and legitimate by providing it, together with any additional personal information that may be necessary. You also agree to notify PayAveta immediately of any changes to the information.

Availability. PayAveta may not offer all Virtual Currency Services in all markets and jurisdictions and may impose restrictions on or outright forbid the use of all or a portion of the Virtual Currency Services from particular regions or jurisdictions (referred to as "Restricted Locations"). If you are in one of those Restricted Locations, you must not attempt to utilize the Virtual Currency Services. You may not try to get around any limitations imposed by the Virtual Currency Services by hiding your IP address or providing false information about your location, for example.


Cryptocurrency Custodial Services

Welcome to PayAveta's Crypto Custodial Services, powered by BitGo! By utilizing our custodial services, you acknowledge and agree to the following terms and conditions. PayAveta acts as an intermediary between you and BitGo, facilitating the storage, security, and management of your cryptocurrencies. Your use of these services implies consent to comply with all applicable laws and regulations. While we strive to ensure the utmost security of your assets, it's important to understand that the volatile nature of the cryptocurrency market can lead to financial risks. PayAveta and BitGo shall not be held liable for any loss, theft, or unauthorized access to your funds. You retain ownership of your assets, and our custodial services are subject to BitGo's own terms and privacy policies. PayAveta reserves the right to modify or terminate these services at its discretion, and any changes will be duly communicated. By using our Crypto Custodial Services provided by BitGo, you signify your acceptance of these terms and conditions, providing you with a secure and convenient way to manage your crypto assets.


Cryptocurrency Exchange Services

PayAveta offers integrated crypto exchange services through its partnership with Bitstamp, a reputable cryptocurrency exchange platform. Through this collaboration, PayAveta users can securely buy, sell, and trade various cryptocurrencies directly within the app. Bitstamp provides a reliable and efficient trading environment, enabling users to access real-time market data, execute transactions, and manage their crypto portfolios seamlessly. It's important to note that while PayAveta strives to offer a user-friendly and convenient exchange experience, the actual trading activities and associated risks are managed by Bitstamp. Users are encouraged to familiarize themselves with Bitstamp's terms of service and privacy policy before engaging in any trading activities. PayAveta and Bitstamp are separate entities, and any issues or concerns related to crypto exchange should be directed to PayAveta's or Bitstamp's support channels. By using PayAveta's integrated crypto exchange services, users agree to abide by both PayAveta's and Bitstamp's respective terms and conditions.


Purchasing Virtual Currency

a. Funding. You must first have Fiat Currency in your PayAveta Wallet Balance in order to make a purchase transaction using the Virtual Currency Services.

b. Authorization. When you submit a virtual currency purchase order (a "Buy") using the virtual currency services, you allow us to carry out the transaction as instructed and to deduct the full amount of the Buy, including any applicable fees, from your PayAveta Wallet balance.

c. Buy Transaction. You must pick how much virtual currency you want to purchase from PayAveta and then use fiat money from your PayAveta wallet balance to make the purchase. Any "Buy" transaction cannot be submitted unless you have a sufficient amount of Fiat Currency in your PayAveta Wallet Balance. A "Buy" transaction involves PayAveta and its crypto partners selling anything to you. When everything is finished, the quantity of Virtual Currency you have will be shown in your Hosted Balance. PayAveta and its cryptocurrency partners will transfer all ownership rights and title in the purchased virtual currency to you. A Buy does not always mean that PayAveta and its cryptocurrency partners will broadcast the transaction to a network for virtual currencies.

d. No Guarantee. The availability of "Buy" transactions is not guaranteed by PayAveta, and buying virtual currency from PayAveta and its cryptocurrency partners does not imply that you will be able to buy supported virtual currency from PayAveta in the future.

e. Settlement. In the event that you have started a "Buy" transaction via the Virtual Currency Services, we shall make commercially reasonable efforts to finish the transaction within 48 to 72 hours after the start date.


Transferring Virtual Currency

a. Withdrawals. You may send virtual currency to an external virtual currency address up to the whole amount of virtual currency in your hosted balance, less the costs listed below (a "virtual currency withdrawal"). For any Virtual Currency Withdrawal, you are solely responsible for giving precise instructions and directions. We are not responsible to you or any third party for any delay or loss resulting from a Virtual Currency Withdrawal carried out in accordance with your instructions. Before starting a virtual currency withdrawal, you should make sure the external virtual currency address is accurate. Once they have been started, virtual currency withdrawals cannot be stopped or returned. We cannot guarantee that any Supported Network for any Virtual Currency Withdrawal will confirm the transaction or carry it out successfully because we have no control over it.

b. Deposits. In accordance with the limitations in these conditions and less the costs listed below, you are permitted to transfer virtual currency (a "virtual currency deposit") from an external virtual currency address to your hosted balance. With the PayAveta App, only supported virtual currencies may be deposited, and any virtual currency deposit you initiate must follow the receiving virtual currency wallet's procedures. It is primarily the initiator of a Virtual Currency Deposit's responsibility to carry out the transaction properly, including paying any necessary network fees. Any incorrect or delayed Virtual Currency Deposit, regardless of the cause, including incorrect instructions or address details, is not our responsibility. Virtual Currency Deposits may take some time to appear in your Hosted Balance and must be acknowledged by the necessary number of network confirmations for the applicable Supported Network, or else be approved in accordance with those rules.

c. Crypto Remittance. By pressing "Crypto Remittance" and choosing the appropriate Virtual Currency, your relatives and friends can send Virtual Currency from our third-party crypto partners using the link the PayAveta customer supplied to them through the app. d. Limitations on Transfer. A cap on the total amount of Virtual Currency that may be transferred is only one example of the limitations or restrictions that we reserve the right to apply in our sole discretion.

e. Transfer Fees. In addition to any costs imposed by the relevant Supported Network, we reserve the right to charge fees for Virtual Currency Deposits and Virtual Currency Withdrawals. These fees will be disclosed to you at or before you finalize the transaction.

f. Compatibility. Only supported Virtual Currencies can be transferred to or from your Hosted Balance. We are not liable for any delay or loss caused by any attempted transfer transaction of unsupported Virtual Currencies or any Virtual Currency transaction that is not conducted on a Supported Network or is incompatible with the destination address.

g. Transfer Settlement Loss Risk. When a Virtual Currency Withdrawal or Virtual Currency Deposit is submitted to the Supported Network, the transaction is unconfirmed and remains in a pending status for the time it takes the Supported Network to confirm the transaction, which might vary. While a Virtual Currency Withdrawal or Virtual Currency Deposit is pending, it is not complete. Pending Virtual Currency Withdrawals started from your Hosted Balance will be in a pending transaction status, and the corresponding Virtual Currency Withdrawal value will not be visible in your Hosted Balance. If your Virtual Currency Withdrawal attempt fails over a Supported Network, the applicable Virtual Currency amount will be retained in your Hosted Balance. Once you have begun a transfer transaction to or from your Hosted Balance, you are at risk of losing value if the receipt of virtual currency is delayed and the value of virtual currency drops during the wait. We are not liable for any delays or losses incurred as a consequence of mistakes in the commencement of a transfer transaction, and we are under no duty to help in the resolution of such transactions.

h. Third-party involvement. We are not liable for any products or services you may obtain from a third party, or for any action taken by a third party in connection with any transfer of Virtual Currency. We are not responsible for guaranteeing that a third party with whom you deal will finish or is authorized to execute the transaction. If you have a problem with a third party over a Virtual Currency transfer, you should settle the dispute with that third party directly.


Selling Virtual Currency

a. "Sell" Transaction. To conduct a "Sell" transaction, you will pick the amount of Virtual Currency you intend to sell to PayAveta and it's cryptocurrency partners from your Hosted Balance and hit "Sell". If the "Sell" function is enabled, PayAveta and its cryptocurrency partners will buy such amount of Virtual Currency from you and deposit the value of the Virtual Currency in your PayAveta Wallet as Fiat Currency. The price you receive for any Virtual Currency sold to PayAveta may vary depending on market conditions such as the price and volume of the Virtual Currency you are trying to sell.

b. There is no guarantee. PayAveta makes no guarantees about the availability of "Sell" transactions or your ability to sell Virtual Currency from your Hosted Balance. Selling Virtual Currency to PayAveta and its cryptocurrency partners does not ensure that you will be able to sell Virtual Currency to PayAveta and its cryptocurrency partners in the future.


Peer to Peer Crypto Transfers

Within the PayAveta App, you may be able to start peer-to-peer cryptocurrency transfers to other PayAveta users (each transfer is referred to as a "P2P Crypto Transaction"). PayAveta facilitates "off-chain" transactions for P2P Crypto Transactions. As a result, they are not broadcast to the Supported Cryptocurrency Network and will not appear on the public ledger. PayAveta and its cryptocurrency partners hold all crypto transmitted via P2P Crypto Transactions. If you begin a P2P Crypto Transaction to a PayAveta App Account that is not a Virtual Currency Account, the receiver must take the appropriate procedures to become a Virtual Currency Account before the transaction may be completed. If the receiver does not establish a Virtual Currency Account within the necessary time frame, the attempted P2P Cryptocurrency Transaction will be cancelled, and the Cryptocurrency will be refunded to your account.

We retain the right, subject to these Virtual Currency Terms, to charge for or amend the fees connected with P2P Cryptocurrency Transactions at any time. Any fees levied will be indicated in the app at or before your transaction completion.

In our sole discretion, we may impose transaction restrictions on P2P Crypto Transactions. Fraudulent transactions may result in Virtual Currency loss with no recourse. PayAveta is not liable for any P2P Crypto Transactions facilitated due to erroneous or insufficient instructions.


Fees

We reserve the right to impose fees for Virtual Currency transactions conducted within the PayAveta App, including any buy, sell, transfer, or transaction conducted on any Supported Network. You agree to pay the fees displayed to you at or before you finalize any transaction you undertake. We have the right to amend the fees at any moment, with or without notice to you.


Conversion Rate

The Virtual Currency Services allow you to purchase and trade Virtual Currency. Any such purchase or sale is subject to the PayAveta "Conversion Rate" for the specific transaction. "Conversion Rate" refers to the price of Virtual Currency in terms of Fiat Currency as displayed in the PayAveta App once you have selected "Preview Buy" or "Preview Sell," and such Conversion Rate is the price in terms of Fiat Currency at which you may buy or sell Virtual Currency to PayAveta and its virtual currency partners. You acknowledge that PayAveta may add a margin or "spread" between the quoted mid-market price displayed on the Virtual Currency dashboard and the quoted buy or sell price, and that as a result, the quoted buy price Conversion Rate may differ from the quoted sell price Conversion Rate at any given time. As a condition of purchasing or selling Virtual Currency using the PayAveta App, you agree to accept the Conversion Rate as the exclusive conversion statistic. You are under no obligation to accept the PayAveta App's proposed purchase or sell price for Virtual Currency.


Risk Disclosure

GENERAL - THE VALUE OF A VIRTUAL CURRENCY CAN SUFFICIENTLY FLUCTUATE, WHICH COULD LEAD TO A TOTAL LOSS OF THE VALUE OF THE VIRTUAL CURRENCY IN YOUR HOSTED BALANCE. PAYAVETA MAKES NO GUARANTEES ABOUT THE TIMING OF VIRTUAL CURRENCY PURCHASES, SALES, OR TRANSFERS SINCE THE SUPPLY OF VIRTUAL CURRENCY IT CAN SELL TO YOU AND ITS ABILITY TO BUY OR TRANSFER YOUR VIRTUAL CURRENCY DEPEND ON THIRD PARTIES OUTSIDE OF PAYAVETA'S CONTROL. NO SOFTWARE PROTOCOLS USED IN CONNECTION WITH THE VIRTUAL CURRENCIES BOUGHT, SOLD, OR TRANSFERRED THROUGH THE VIRTUAL CURRENCY SERVICES ARE OWNED OR CONTROLLED BY PAYAVETA. IN LIGHT OF THIS, PAYAVETA MAKES NO WARRANTIES REGARDING THE SECURITY, FUNCTIONALITY, OR AVAILABILITY OF SUCH PROTOCOLS AND DISCLAIMS ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY PRICE FLUCTUATIONS IN VIRTUAL CURRENCY.

FORKS - YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING PROTOCOLS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES (KNOWN AS "FORKS"), AND THAT SUCH FORKS MAY MATERIALLY AFFECT THE VALUE, FUNCTION, AND/OR EVEN THE NAME OF THE VIRTUAL CURRENCY. THIS IS DONE BY USING THE VIRTUAL CURRENCY SERVICES. YOU ACKNOWLEDGE THAT, IN THE EVENT OF A FORK, WE MAY TEMPORARILY HALT OPERATIONS (WITH OR WITHOUT PRIOR NOTICE TO YOU) AND THAT WE MAY, IN OUR SOLE DISCRETION, DECIDE WHETHER OR NOT TO CONTINUE SUPPORTING EITHER BRANCH OF THE FORKED PROTOCOL ENTIRELY. YOU RECOGNIZE AND CONCUR THAT PAYAVETA ASSUMES ABSOLUTELY NO LIABILITY FOR AN UNSUPPORTED BRANCH OF A FORKED PROTOCOL.

SYSTEM FAILURE - YOU ACCEPT ALL RISKS RELATED TO THE USE OF THE VIRTUAL CURRENCY SERVICES TO CONDUCT VIRTUAL CURRENCY TRANSACTIONS, INCLUDING BUT NOT LIMITED TO RISKS RELATED TO THE FAILURE OF HARDWARE, SOFTWARE, INTERNET CONNECTIONS, AND FAILURES RELATED TO ANY SUPPORTED NETWORK. A TECHNICAL PROBLEM EXPERIENCED BY PAYAVETA COULD PREVENT YOU FROM ACCESSING OR USING YOUR VIRTUAL CURRENCY DUE TO THE NATURE OF VIRTUAL CURRENCY.

Events of Disruption - You acknowledge that any changes in the price of Virtual Currency are not our responsibility. In the case of significant market occurrences or other prevailing conditions, we could do any of the following: either (a) restrict your ability to use the Virtual Currency Services or (b) stop you from carrying out any acts through the Virtual Currency Services. Any losses you incur as a result of such activities are not our responsibility. You understand that current market prices, including the Conversion Rate, may be materially different from those in effect before to any such occurrence when Virtual Currency Services restart after such event.

Limitation of Liability - Our liability is restricted to using ordinary care in running the Virtual Currency Services, granting access to your Virtual Currency, and preventing unauthorized parties from getting access to it. Except when caused solely by our gross negligence or deliberate misconduct, we are not liable for any loss or damage that an unauthorized access may cause. Unless you can demonstrate that you were not responsible for the loss or participated in any way, you will not be able to make a claim against us for the loss of your virtual currency.

The Risks of Virtual Currency - (a) Because virtual currency transactions are irrevocable, losses resulting from erroneous or inadvertent transactions may not be recoupable, and PayAveta will not be held responsible for any such transactions; (b) Virtual Currency is not backed by a government or central bank and is not accepted as legal cash. As a result, Virtual Currency losses are not covered by any insurance, such as deposit insurance. (c) Legislative and regulatory measures taken at the local, national, or international levels may have a negative impact on how Virtual Currency is used, transferred, exchanged, and valued as well as how any Supported Network operates or is available, (d) You choose to engage in Virtual Currency transactions on any Supported Network at your own risk and solely based on your own understanding of the Virtual Currency and Supported Network. Each Supported Network is maintained by a massive, unidentified private computer network that is dispersed throughout the world. (e) Transactions involving External Virtual Currency Addresses increase the risk of fraud, and virtual currency is a target for fraud. (f) Even if you utilize the strictest security measures, hackers may still target virtual currency, making it possible for your virtual currency to be permanently stolen. (g) When linked to Virtual Currency accounts, your bank accounts are more susceptible to hacking, (h) Some transactions using Virtual Currency may be regarded to have been completed after they have been entered into a public ledger, which may not necessarily be the day or time you started the transaction. (I) The value of virtual currency may be derived from market participants' continued willingness to exchange fiat currency for virtual currency, which could result in the potential for a specific virtual currency to lose all of its value permanently and completely should the market for that virtual currency fail, (j) a person that takes virtual currency as payment today does not guarantee that they will do so in the future, (k) Significant losses might occur quickly due to the volatility and unpredictability of the price of virtual currency relative to fiat currency; (l) any bonds or trust accounts maintained by PayAveta could not be enough to fully compensate for all losses suffered by our customers.


Transaction History

Your transaction history on the PayAveta App will display the specifics of each transaction. You acknowledge that the terms of the transaction will not be harmed or rendered invalid by the failure to submit such confirmation.


Use of the Virtual Currency Services

a. Conditions and Restrictions - We reserve the right, without prior notice, to reject any transaction, including any request for a purchase, sale, or transfer made through the Virtual Currency Services, to place a cap on the amount of Virtual Currency you are allowed to buy, sell, or transfer through the Virtual Currency Services, or to impose any other conditions or limitations on how you may use the Virtual Currency Services. We also reserve the right, at any time, and at our sole discretion, to prevent the purchase, sale, or transfer of Virtual Currency using the PayAveta App. Any requests you may have made to buy, sell, or transfer a particular virtual currency will be canceled if the virtual currency services aren't accessible.

b. Cancellations - Requests made through the Virtual Currency Services for purchases, sales, or transfers cannot be canceled. You cannot alter, revoke, or cancel your authorization for us to carry out the transaction once you have made a request.

c. Insufficient Funds - You won't be able to finish the transaction if your PayAveta App doesn't have enough money to buy the desired quantity of virtual currency using the virtual currency services.

d. Taxes - You are responsible for determining what taxes, if any, could be owed on the transactions you carry out using the virtual currency services. You are also accountable for reporting and remitting the correct taxes to the proper taxation authorities. You acknowledge that we are not in charge of figuring out what taxes could be due on trades made through the Virtual Currency Services. We shall make the requisite payment after deducting or withholding any sums mandated by the applicable taxation authorities if we are compelled to do so. Any money withheld in this way will be regarded as having been paid for the duration of this contract. You attest that the data you gave to PayAveta is true and give your permission for PayAveta to use it for the purposes of fulfilling PayAveta's tax filing and payment or withholding responsibilities.

e. Currency Availability - The sorts of virtual currencies that may be made accessible through the virtual currency services are still entirely up to PayAveta's discretion. Any virtual currency may be added to or taken away from the virtual currency services at any moment and for any cause. In the event that a virtual currency is likely to be removed, PayAveta will use reasonable steps to let you know. You will have 30 days to transfer the remaining funds in your virtual currency account linked to the virtual currency to an external virtual currency address if the market for that virtual currency is closed on the PayAveta app. Any Virtual Currency that the PayAveta App no longer supports and that is not withdrawn within 30 days will not be destroyed; nevertheless, you must contact Support to set up withdrawal. If a Virtual Currency is removed, PayAveta won't be responsible for any damages, liabilities, or costs incurred by you.

f. Independent Relationship - You acknowledge and agree that (a) we are not operating as your broker, intermediary, agent, adviser, or in any other fiduciary position, and (b) nothing we communicate to you should be taken as advice.


Suspension; Termination; Discontinuance of Virtual Currency Services

a. The Virtual Currency Service may be suspended, terminated, or discontinued - PayAveta reserves the right to limit, suspend, modify, or discontinue any aspect of our virtual currency services at any time, with or without prior notice to you, if we believe that doing so is necessary to protect us, our users, including you, or our employees from harm or loss, or if doing so is mandated by applicable law or a court order. We shall not be liable for any repercussions of our refusal to provide you access to the Virtual Currency Services, including any delay, damage, or inconvenience you may experience as a result, if we use our rights to limit or deny your access to the Virtual Currency Services.

b. Your virtual currency account may be suspended, terminated, or discontinued - Without limiting other terms in these PayAveta Terms, we reserve the right, in our sole discretion, to suspend or cancel your virtual currency account at any time as well as your access to any virtual currency services.

c. Transactions that have been suspended, terminated, or reversed - Even after money or virtual currency has been credited to your virtual currency account, we reserve the right to refuse, freeze, delay, redirect, or reverse any transaction request, including purchase, sale, or transfer requests, for any reason, including if we suspect fraud or other illegal activity, in response to a subpoena, court order, or other government order, or if we think the transaction is incorrect.

d. Upon termination, access to virtual currency - After your access to the virtual currency services has been suspended or terminated, you will be able to transfer any virtual currency or USD funds held in your virtual currency account for ninety (90) days, unless doing so would be prohibited (i) by the law, including but not limited to applicable sanctions programs, or (ii) by a subpoena or court order that is legally enforceable.

Disputes


Errors and Resolutions

You must email us right away at support@payaveta.com if you discover an error in one of your transactions. If you email us with the issue no later than seven days after the transaction notice that the mistake came in, we will do our best to fix it. Notifying us of a mistake does not require you to file a complaint with one of our Crypto partners, the Paya Card issuer, or any other financial organization or individual over a transaction you started using the Platform. Any inaccuracies must be reported to us immediately by contacting us. When you contact us, you must provide your username, name, currency of the wallet account, and a concise description of the problem, and a justification for your belief that there is a error.

By agreeing to the PayAveta Terms, you agree to work with us to resolve any issues with your transactions, whether you were the Sender or the Recipient. This includes repaying any overpayments that were made to you inadvertently. We reserve the right to take legal action against you to recoup any damages or losses we may have suffered due to your failure to comply with this clause, limit, suspend, or terminate your Account, and/or (iii) prevent you from using any Service if you refuse to cooperate with us or follow any procedures we impose to correct an error.

We shall confirm the safe receipt of any complaint within 7 Business Days of receiving it. Within 15 Business Days of receiving your complaint, we will attempt to advise you of the findings of our investigation and any possible resolution. If we are unable to finish our inquiry within 15 Business Days of receiving it, we will tell you of the reasons for the delay and provide you with an updated deadline for completion.

On request, a copy of our complaints handling processes is provided free of charge.


Your Liability for Unauthorized Transactions

Tell us IMMEDIATELY if you feel your Paya Card (including your card details) has been lost or stolen, or if an electronic financial transfer has been done without your authorization by signing into your Account (an "Unauthorized Transaction"). You may reach us via the PayAveta App's Support menu or by email at support@payaveta.com

Unauthorized Transactions do not include the following:

• If you provide someone access to your Account (for example, by providing them with your login credentials) and they use it without your knowledge or consent, unless you have told us that transfers by that person are no longer permitted.

• If you, or someone working in conjunction with you, act with fraudulent intent.

• or if you reverse engineer or chargeback a transaction conducted with your Paya Card.

• A misdirected payment, such as one paid to the wrong individual, is deemed an approved payment and is not regarded an Unauthorized Transaction.


Our Liability

We shall be responsible for your losses or damages if we do not conduct a transaction to or from your Account on time or in the proper amount in line with these PayAveta Terms. However, there are certain exceptions. We shall not be accountable, for example:

• If, through no fault of ours, you do not have enough funds in your Account, Eligible Transaction Account, or Eligible Credit Account to execute the transaction.

• If your money is subject to a judicial proceeding or other encumbrance that prevents transfers.

• If the ATM where you are completing the transaction or utilizing your Paya Card does not have enough cash.

• If the PayAveta App was not functioning correctly and you were aware of the problem before you began the transaction.


Disputes with your Funding Source

Each of your external funding sources may grant you various rights and dispute resolution methods. Please review the terms and conditions of your funding source to better understand your rights and the methods for resolving them. All enquiries regarding a third-party disagreement should be made to the source of external financing.

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Intellectual Property

PayAveta retains ownership of all intellectual property rights pertaining to PayAveta's Content, including any applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, images, and logos used on the Platform may appear as Third-Party Content on the Platform. PayAveta makes no claim to intellectual property rights in any Third-Party Content made available through the Platform (including, but not limited to, any trademark or logo belonging to banks or financial institutions). These PayAveta Terms do not transfer any of PayAveta's intellectual property rights or any other intellectual property rights over Third-Party Content from us to you, and all right, title, and interest in and to such intellectual property will remain solely with the respective owners of such intellectual property rights (as between the parties). PayAveta reserves any and all rights not expressly given to you in these PayAveta Terms.

The PayAveta logo displayed on the Platform is a registered trademark of PayAveta, and it may not be copied, downloaded, reproduced, used, changed, or distributed in any manner without the prior written consent of PayAveta. If you think that any material on the Platform or linked to it infringes on your copyright or other intellectual property rights, please contact us at support@payaveta.com. PayAveta may terminate a User's access to (and use of) the Platform without notice if, under suitable conditions, a User is proven to be a repeat infringement of PayAveta's or others' copyrights or other intellectual property rights.

Termination


If you wish to terminate your relationship with us, you may do so by following the relevant steps on the Platform. If you wish to delete your Account data, please contact PayAveta at support@payaveta.com. PayAveta will retain and use your information as necessary to comply with PayAveta’s legal and/or regulatory obligations, resolve disputes, and enforce PayAveta’s agreements (including the Agreement), and PayAveta will, following request, delete your full profile to the extent possible (if applicable).

If we close your Account or terminate your use of the Services for any reason, we will provide you with notice of our actions and make available for bank transfer any unrestricted money held in your PayAveta Wallet. Termination of your use of the Services will not affect our or your rights, remedies, obligations, or liabilities that have accrued up to the date of termination.

If you decide to terminate the Agreement and your use of the Services, you must also transfer any balance on your PayAveta Wallet to your Eligible Bank Account.

If you do not conduct or receive any transactions for a period of one calendar year (Inactive Period), then PayAveta reserves the right to terminate the Agreement with effect from the day following expiry of the Inactive Period. Any balance on your PayAveta Wallet will be available to you for a period of 6 years from the date of termination of the Agreement by you or by PayAveta. All provisions of the Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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Disclaimer of Warranties

PayAveta makes no representation or warranty that the Services will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; or that any defects or errors will be corrected. You assume full responsibility and risk of loss resulting from your use of the Service, Content, or any other information available on or through the Platform.

PayAveta does not make any warranty, guarantee, or representation as to any User. You are solely responsible for all your communications and interactions with other Users with whom you communicate, interact, or transact as a result of your use of the Services. You understand that PayAveta is not required to screen or inquire into the background of any User, nor does PayAveta make any attempt to verify the statements of Users. PayAveta makes no representations or warranties as to the conduct of other Users. You agree to take reasonable precautions in all communications and interactions with other Users and with third parties with whom you communicate, interact, or transact as a result of your use of the Services.

Release and Indemnification


Users agree to indemnify and hold harmless PayAveta from and against any and all claims, demands, actions, losses, damages, assessments, charges, third party liabilities, costs and expenses which may arise as a result of (i) the User’s use of the Platform and the Service or violation of the Agreement; (ii) any loss of profit, property or business reputation, or otherwise that may be caused as a result of a User’s use of any Service; (iii) a third party claim brought against PayAveta on the basis of lack of authorization as contemplated (iv) errors, mistakes, or inaccuracies of User Content and/or information available on or through the Platform; (v) the User’s infringement of any intellectual property rights of another User or a third party; (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted by a User to or through the Platform; or (vii) any dispute, conflict or disagreement between Users or between a User and a third party in connection with any Services.

You hereby release PayAveta from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of a dispute directly or indirectly related to the Platform, the Services or the Agreement between you and any bank or financial institution and/or between you and another User.

Users agree that in no event will PayAveta be liable or otherwise, responsible, to you or to third parties for any damages or losses that may arise from (i) the failure, interruption or disruption of the Services or any other service to maintain a User’s access to the Platform, regardless of whether the service is provided by PayAveta or a third party including a Wallet Bank or PayAveta Card issuer; (ii) the quality, accuracy, timeliness, reliability, safety, performance of the Platform and/or the Services; (iii) the completeness or delays, breach, omissions, or interruptions in the delivery of any Services; (iv) errors, mistakes, or inaccuracies of any privacy settings, Content, PayAveta’s Content and/or information available on or through the Platform; (v) any unauthorized access to or use of PayAveta’s servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from PayAveta’s servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (vi) any rejection or invalidation of a transaction by the respective bank or the Card issuer; (vii) any Payments that the User may receive or any failure or delay in the execution of any transactions through the Platform and/or the Services; (viii) any dispute, conflict or disagreement between Users or between a User and his/her bank or any third party in connection with any Services; (ix) a User’s breach of obligations under any relevant bank’s terms and conditions; or (x) any refund, return, loss of profits, loss of reputation (whether incurred directly or indirectly), damage or otherwise that may occur to a User as a result of the User’s use of any Services.

Notwithstanding anything to the contrary, Users agree that in all cases PayAveta shall not be liable to a User for any actions, damages, claims, liabilities, costs, expenses, or losses whatsoever arising out of or relating to the Services and / or the User’s use of the Platform, except where an alleged error has been raised, in which case PayAveta shall not be liable for an aggregate amount in excess of the alleged error in question. In no event shall PayAveta be liable to any User for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including without limitation, lost profits, and opportunity costs). The provisions of this shall apply, to the maximum extent permitted by law, regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort, or extra-contractual liability or otherwise. In the event that any part of this clause is held to violate any applicable law, then the parties agree that PayAveta’s liability shall be excluded and / or limited to the maximum extent permitted by that law.

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Miscellaneous

Governing Law: The Agreement and any access to or use of the Platform and/or the Services are governed by the laws of Jamaica. Any dispute which may arise between a User and PayAveta pertaining to the implementation or interpretation of the Agreement, or any part thereof shall be amicably settled, failing which the courts of Jamaica shall have the exclusive authority to settle the same.

Severability: If any part of these PayAveta Terms or any other part of the Agreement is held invalid or unenforceable, that part of the PayAveta Terms or of the Agreement (as applicable) will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. Any failure on the part of PayAveta to enforce any provision of the PayAveta Terms or any other part of the Agreement will not be considered a waiver of PayAveta’s right to enforce such provision. PayAveta’s rights under the PayAveta Terms and any other part of the Agreement will survive any termination of the PayAveta Terms or other part of the Agreement.

Assignability: PayAveta may assign or delegate its rights or obligations under the Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations under the Agreement without PayAveta’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.

Notices to Users: Reports, statements, notices, and any other communications may be transmitted by PayAveta to Users via the email address provided by them. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by PayAveta to the User to the email address provided by the User.

Notices to PayAveta: Reports, statements, notices and any other communications may be transmitted by a User to PayAveta at support@payaveta.com All communications and notices shall be deemed to be received or served (as applicable) to PayAveta when electrotonically received by PayAveta at support@PayAveta.com.

Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Terms and Conditions and not to any provision or section.


You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.