Last Updated: July 2024
Overview of Services
EdifyPay provides businesses and education institutions with a “Platform” designed to streamline and simplify the process of receiving payments for various types of transactions. EdifyPay enables users of the Platform to make donations or pay fees to businesses or educational institutions (referred to as “Service Institutions”). We may collaborate with licensed payment entities, currency exchange providers, and other third-party service providers (collectively, "Service Providers") to process and settle payments to a Service Institution.
These Terms, together with the Privacy Policy and any other terms or agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and EdifyPay regarding your use of the Platform.
Your access and use of the Platform is strictly subject to these Terms of Use, the Privacy Policy, disclaimers and any other terms and conditions applicable from time to time. By accessing, viewing or otherwise using the Platform, You agree to be subject to the Terms of Use.
You agree to:
· comply with all security procedures governing the Platform; to keep all passwords secure (if any are provided, or permitted);
· to inform Us immediately if any individual designated by You as authorised to represent You is no longer authorised to do so;
· promptly notify us of all actual or suspected errors or inaccuracies in Your information after you become aware of or suspect the error or inaccuracy.
We reserve the right to change these Terms from time to time without notice. Please check these Terms periodically for changes.
Transaction
When entering a Transaction, the displayed Total amount includes any applicable fees, including currency exchange fees from us and our Service Providers. By proceeding with the transaction, you agree to pay the total amount requested by EdifyPay. We are not responsible for any additional fees imposed by any third party such as exchanges, financial institutions, or payment providers.
The Total amount is valid only for the period specified in the instructions, exclusively for that Transaction. To ensure timely payment processing to your Service Institution, it's important to carefully follow the instructions provided on the Platform.
EdifyPay may cancel a Transaction under certain conditions, including significant changes in exchange rates, pricing errors, or other situations beyond our control where we believe cancellation is necessary for legitimate business reasons.
By using our services, you grant us permission, either directly or through third parties, to conduct any necessary inquiries to validate the information you have supplied. This may involve requesting additional information from you, requiring steps to confirm ownership of your email address or financial instruments, and verifying your details against third-party databases or other sources.
Prohibited Conduct
BY USING THE PLATFORM, YOU AGREE NOT TO:
· Utilise the Platform for unlawful purposes or in violation of any international, national, federal, state, provincial, or local laws.
· Infringe upon or incite others to infringe upon any third-party rights, including intellectual property rights.
· Interfere with security features of the Platform, such as disabling or circumventing features that restrict content use or reverse engineering any part of the Platform's source code, except where expressly permitted by law.
· Utilise the Platform for purposes other than processing payments to a Service Institution.
· Provide false, inaccurate, or deceptive information.
· Decline to cooperate in an investigation or confirm your identity or provided information.
· Employ any automated or manual means to monitor or replicate our Platform without prior written consent.
· Engage in fraudulent activities, such as impersonating individuals or entities, falsely claiming affiliations, unauthorised access to other EdifyPay user accounts, or falsifying personal details like age, date of birth, name, address, or country of origin for payments.
Termination of Use
You may terminate your user account at any time by contacting support at support@edifypay.com.
Your use of the Platform may be terminated or suspended at our discretion if:
· You violate any provision of these Terms or fail to comply with any applicable laws or regulations.
· Your conduct poses a risk of harm or loss to us, other users, or third parties.
· You engage in fraudulent, illegal, or unauthorized activities on the Platform.
· You provide false, inaccurate, or misleading information.
· You misuse or attempt to misuse the Platform or its features.
· Your actions disrupt or interfere with the operation or security of the Platform.
· You fail to cooperate in an investigation or fail to confirm your identity or any information you provide to us.
Privacy Policy
Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The EdifyPay Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Intellectual Property
You acknowledge and consent that all copyright and other intellectual property rights to the Platform belong exclusively to Us. You agree not to allow any unauthorised third party to use the Platform on your behalf. Furthermore, you agree not to attempt to decompile, disassemble, reverse engineer, or otherwise discover the source code or internal mechanisms of the Platform, either directly or indirectly.
Indemnity
You hold accountability for utilizing the Platform, and you pledge to shield and compensate EdifyPay and its service suppliers from any assertion, obligation, damage, loss, and expenditure. Your agreement includes undertaking any loss, charges or damages sustained by Us and the Service Institution tied with or related to (a) any wrong data furnished by You, or (b) resulting from Your (i) illicit or negligent employment of the Platform; (ii) deliberate exploitation of the Platform; or (iii) violation of the Terms of Use.
Disclaimers
YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR PLATFORM, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
Limitation of Liability
YOU UNDERSTAND AND AGREE WE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO YOUR USE OF THE ONLINE SYSTEM OR ANY OTHER MATTER RELATING TO THE ONLINE SYSTEM.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY AND STATUTE) AND UNDER THE TERMS OF USE WILL NOT EXCEED $1,000 USD. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY. THEREFORE, ONLY IF REQUIRED BY APPLICABLE LAW, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU (TO THE MINIMUM EXTENT NECESSARY NOT TO INFRINGE THE RELEVANT LAW).
Governing Law
These Terms and Conditions are governed by the laws of New South Wales, without regard to the law of conflicts, and the Parties agree to be subject to the jurisdiction and venue of the courts of New South Wales with respect to any disputes arising out of these Terms.
Force Majeure
We are not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond Our reasonable control.
