Last Revised on September 10th, 2024
Effective this 10th day of September 2024, XXX, hereinafter referred to as “Company” (“we”, “us”, or “our”), is committed to providing services for worldwide users. We have prepared this Terms of Use to describe the services and software provided to you as our user.
Welcome to https://tn.e-payhub.net/. These Terms of Use (hereinafter referred to as the “Agreement”) are between you, the user/customer/agent, and XXX, hereinafter referred to as “Company”.
1. Acceptance of Terms of Use Agreement
By creating an account on the Company’s official website, whether through a mobile device, mobile application, or computer (collectively referred to as the “Service”), you agree to comply with (i) these Terms of Use (hereafter called the “Agreement”), (ii) our Privacy Policy, both of which are incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products, or services we offer through the Service (collectively referred to as this "Agreement"). If you do not accept and agree to adhere to all the terms of this Agreement, please refrain from using the Service.
We may update this Agreement and the Service periodically. Changes may occur for various reasons, including compliance with legal requirements, the introduction of new features, or modifications in our business practices. The latest version of this Agreement will be available on the Company’s official website - https://tn.e-payhub.net/ in the appropriate section of the homepage. As our user/agent, it is your responsibility to frequently check for the most current version. The most recent version will be the one that applies. If the updates involve significant changes to your rights or obligations, we will notify you at least 30 days in advance (unless prohibited by applicable law) through reasonable means, which may include notifications via the Service or email. If you continue to use the Service after the changes take effect, you are deemed to have accepted the revised Agreement.
2. Eligibility
You are not permitted to create an account or access or use the Service or the systems it operates on unless all of the following conditions are met:
(i) You are at least 18 years of age,
(ii) You are capable of entering into a binding contract with https://tn.e-payhub.net/,
(iii) You are not a person barred from using our services under the laws of India or any other applicable jurisdiction,
(iv) You will adhere to this Agreement and all relevant local, state, national, and international laws, rules, and regulations.
3. Your Account
To utilize the services offered by the Company on our official website, accessible via the following link: https://tn.e-payhub.net/, you may log in using various methods provided on our official website. For more information on the data we collect from you and how we utilize it, please refer to our Privacy Policy.
You are responsible for safeguarding the confidentiality of your login credentials used to register on the Company’s official website, and you are solely accountable for all activities that occur under those credentials. If you suspect that someone has gained unauthorized access to your account, please promptly contact us through the Company’s official website and/or via the official company email address: [email protected].
4. Modifying the Service and Termination
We are constantly working to improve the Service and introduce new features that you will find engaging and useful. As a result, we may occasionally add new product features or enhancements or remove some features without notice, unless such changes have a material impact on your rights or obligations. We may also suspend the Service entirely, in which case we will notify you in advance unless circumstances, such as safety or security concerns, prevent us from doing so.
To terminate your account, you can follow the instructions under "Settings" in the Service. However, you also have other options for termination. If you use a third-party payment account such as Apple's App Store or iTunes Store (as applicable) or the Google Play Store, you will need to manage in-app purchases through such an account to avoid additional billing.
We may terminate your account at any time without notice if we believe that you have breached this Agreement. Upon termination, you will not be entitled to a refund for any purchases.
After your account is terminated, this Agreement will cease to be applicable, except that the following provisions will continue to apply to you and the Company: Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Interactions with Other Members
The Company is committed to fostering a respectful and secure member experience through features such as the double opt-in mechanism, which allows members to communicate only after mutual indications of interest. Notwithstanding these measures, the Company shall not be held liable for the conduct of any member, whether on or off the Service.
You acknowledge and agree that you will exercise caution in all interactions with other members, particularly in circumstances where you choose to communicate outside of the Service or arrange in-person meetings. Additionally, you agree to review and adhere to the Company's Privacy Policy prior to engaging with the Service. You further agree that you shall not disclose your financial information (including, but not limited to, credit card or bank account details) or engage in any financial transactions, such as wiring or sending money, to or from other members.
You acknowledge that you are solely responsible for your interactions with other members. You understand and agree that the Company does not conduct criminal background checks on its members and does not undertake any inquiries into the backgrounds of its members. The Company makes no representations or warranties regarding the conduct or compatibility of members.
6. Rights Granted to You by the Company
The Company hereby grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is granted solely for the purpose of enabling you to utilize and enjoy the benefits of the Service as intended by the Company and as permitted under this Agreement. This license, along with any authorization to access the Service, shall be automatically revoked if you engage in any of the following prohibited actions:
• Utilize the Service or any content therein for commercial purposes without obtaining the Company’s prior written consent.
• Copy, modify, transmit, create derivative works from, utilize, or reproduce any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the Service without the Company’s prior written consent.
• Express or imply that any statements made by you are endorsed by the Company.
• Employ any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or any other manual or automatic device, method, or process to access, retrieve, index, "data mine," or in any manner reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• Use the Service in any manner that may interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service.
• Upload viruses, malware, or other malicious code or otherwise compromise the security of the Service.
• Forge headers or manipulate identifiers in a manner intended to disguise the origin of any information transmitted to or through the Service.
• "Frame" or "mirror" any portion of the Service without obtaining the Company’s prior written authorization.
• Utilize meta tags, code, or any other devices containing references to the Company or the Service (or any trademark, trade name, service mark, logo, or slogan of the Company) to direct any individual to any other website for any purpose.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or cause others to do so.
• Develop or utilize any third-party applications that interact with the Service or the content or information of other members without the Company’s prior written consent.
• Access, use, or publish the Company’s application programming interface without obtaining the Company’s prior written consent.
• Probe, scan, or test any vulnerabilities in our Service or any associated systems or networks.
• Encourage or promote any activities that would constitute a violation of this Agreement.
In the event of illegal or unauthorized uses of the Service, the Company reserves the right to investigate such actions and may pursue any available legal remedies, which may include the termination of your account.
Any software that we provide to you may automatically download and install upgrades, updates, or other new features. You may have the ability to adjust these automatic downloads through your device's settings.
7. Rights Granted to the Company
By creating an account, you hereby grant the Company a worldwide, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute any information you authorize us to access from third parties, as well as all content that you post, upload, display, or otherwise make available (collectively referred to as "Content") on the Service or transmit to other members. The license granted to the Company for your Content shall be non-exclusive, except that the Company’s license shall be exclusive with respect to any derivative works created through the use of the Service. For example, the Company shall hold an exclusive license for screenshots of the Service that include your Content.
Additionally, to enable the Company to prevent unauthorized use of your Content outside of the Service, you authorize the Company to act on your behalf regarding infringing uses of your Content as taken from the Service by other members or third parties. This authority expressly includes, but is not limited to, the right to send notices pursuant to applicable local laws and regulations in India, as well as considerations of all relevant laws and regulations within your jurisdiction of incorporation (if a legal entity) or registration (if an individual), should your Content be utilized by third parties outside of the Service. The Company’s license to your Content is subject to your rights under applicable law (for example, laws regarding personal data protection, to the extent any Content contains personal information as defined by such laws) and is granted for the limited purpose of operating, developing, providing, and improving the Service, as well as for researching and developing new services.
You acknowledge and agree that any Content you post or authorize us to post on the Service may be viewed by other members and by any individuals visiting or participating in the Service (including but not limited to those who may receive shared Content from other Company members, users, and/or agents).
You further agree that all information submitted upon the creation of your account, including data provided during the account creation process, shall be accurate and truthful, and you affirm that you possess the right to post the Content on the Service and to grant the aforementioned license to the Company.
You understand and accept that the Company may monitor or review any Content you post as part of the Service. The Company reserves the right, in its sole discretion, to delete any Content, in whole or in part, that it determines violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to maintain a respectful and courteous demeanor. Should the Company determine that your conduct towards any customer care representatives or employees is threatening, harassing, or offensive at any time, it reserves the right to terminate your account immediately.
In consideration for the Company permitting you to use the Service, you agree that the Company, its affiliates, and third-party partners may display advertising on the Service. By submitting suggestions or feedback to the Company regarding the Service, you agree that the Company may use and share such feedback for any purpose without compensation to you.
Please be advised that the Company may access, store, and disclose your account information and Content when required to do so by law, in fulfillment of its obligations under this Agreement, or in good faith belief that such access, storage, or disclosure is necessary to satisfy legitimate interests, which may include: (i) compliance with legal processes; (ii) enforcement of this Agreement; (iii) response to claims that any Content violates the rights of third parties; (iv) response to your requests for customer service; or (v) protection of the rights, property, or personal safety of the Company or any other individual.
8. Community Rules
By utilizing the Service, you agree to adhere to the following Community Rules and acknowledge that you will not:
• Utilize the Service for any illegal purposes or for purposes prohibited by this Agreement.
• Use the Service with harmful or malicious intent.
• Engage in activities that may damage the Company in any manner whatsoever.
• Violate our Terms of Use and/or our Privacy Policy, as may be amended from time to time.
• Spam, solicit funds from, or defraud any members.
• Impersonate any individual or entity or post images of another person without their express consent.
• Bully, "stalk," intimidate, assault, harass, mistreat, or defame any individual.
• Post any Content that infringes upon or violates the rights of others, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights.
• Post any Content that constitutes hate speech, threats, or is sexually explicit or pornographic in nature.
• Post any Content that incites violence or contains nudity, graphic violence, or gratuitous depictions thereof.
• Post any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group.
• Solicit passwords for any purpose or seek personal identifying information for commercial or unlawful purposes from other members, nor disseminate another person's personal information without their consent.
• Use another member's account, share an account with another individual, or maintain more than one account.
• Create a new account if your original account has been terminated, unless you have received prior authorization from the Company to do so.
The Company reserves the exclusive right to investigate any reported violations of these rules or this Agreement and, if deemed appropriate, terminate your account without refunding any purchases made if you have violated these terms, misused the Service, or behaved in a manner that the Company deems inappropriate or unlawful, including actions or communications that occur on or off the Service. Furthermore, the Company may terminate your account for violations of the applicable Terms of Use as outlined herein. In the event of a violation of these rules or our Privacy Policy, your authorization to use the Service will be automatically revoked.
9. Other Members' Content
While the Company reserves the right to review and remove Content that violates this Agreement, it is important to note that such Content remains the sole responsibility of the member who posts it. The Company does not warrant that all Content posted on the Service will adhere to this Agreement or any applicable laws or regulations.
If you encounter Content on the Service that you believe violates this Agreement, you are encouraged to report it either within the Service itself or by utilizing our contact form available on our official website at https://tn.e-payhub.net/.
10. Purchases
1.1. The Company may offer products and services for purchase through the App Store, Google Play Store, carrier billing, the Company's direct billing, or other payment platforms authorized by the Company ("In-App Purchases"). If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider. Your payment method (such as a card or third-party account like the Google Play Store or App Store) will be charged for the In-App Purchase at the prices displayed to you for the service(s) you’ve selected, as well as any applicable sales or similar taxes.
1.2. By making an In-App Purchase, you authorize the Company or the third-party account, as applicable, to charge you for the purchase.
Refunds
2.1. Digital items purchased on our website are non-refundable. If a user violates these Terms of Use, our policies, or any relevant laws, their account may be terminated, and any pending transactions may be canceled without a refund.
2.2. Users are not entitled to refunds for any fees or transaction commissions already paid. The non-refundable nature of these commissions means that users cannot request reimbursement from tn.e-payhub.
2.3. Refunds are only available for users in cases where there are technical problems with the service or errors on our part that prevent the user from receiving the product.
2.4. To request a refund, users must contact us via the provided email within 14 days of the transaction. Refund requests are only processed if the user is at least 18 years old and will be handled using the same payment method used for the original purchase.
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been copied and posted on the Service in a manner that constitutes copyright infringement, you are encouraged to submit a takedown request using the form provided here.
When contacting us regarding alleged copyright infringement, you must include the following information:
1. An electronic or physical signature of the individual authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you assert has been infringed;
3. A description of the location of the material you claim is infringing on the Service, which must be reasonably sufficient to enable us to locate the alleged infringing material;
4. Your contact information, including your address, telephone number, email address, and the identity of the copyright owner;
5. A written statement indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement made under penalty of perjury attesting to the accuracy of the information contained in your notice and confirming that you are the copyright owner or are authorized to act on behalf of the copyright owner.
The Company reserves the right to terminate the accounts of repeat infringers.
12. Disclaimers
The Company provides the Service on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Company disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Service (including all content contained therein). This includes, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. The Company does not represent or warrant that (a) the Service will be uninterrupted, secure, or error-free, (b) any defects or errors in the Service will be corrected, or (c) any content or information obtained by you on or through the Service will be accurate.
The Company shall not be liable for any content posted, sent, or received by you or any other member or third party through the Service. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk.
13. Third-Party Services
The Service may include advertisements and promotions provided by third parties, as well as links to external websites or resources. The Company shall not be responsible for the availability (or lack thereof) of such external websites or resources. Should you elect to engage with third parties made available through our Service, the terms and conditions of such parties will govern your relationship with them. The Company disclaims any responsibility or liability for the terms or actions of such third parties.
14. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits (whether incurred directly or indirectly), or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with: (i) your access to or use of, or inability to access or use, the Service; (ii) the conduct or content of other members or third parties on, through, or following use of the Service; or (iii) unauthorized access, use, or alteration of your content, even if the Company has been advised of the possibility of such damages.
Some jurisdictions do not permit the exclusion or limitation of certain damages, and as such, some or all of the exclusions and limitations in this section may not be applicable to you.
15. Arbitration, Class-Action Waiver, and Jury Waiver
Except for members residing in Tunisia and in jurisdictions where prohibited by applicable law:
1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The only exception to this exclusivity is that either party retains the right to bring an individual claim in a small claims court of competent jurisdiction. If a claim is filed in arbitration, the responding party may request that the dispute proceed in small claims court instead, provided the claim falls within the jurisdiction of the small claims court. If such a request is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or proceed to small claims court. Arbitration shall primarily be conducted through written submissions, unless either party elects to invoke the right to an oral hearing before the arbitrator. Regardless of whether you choose arbitration or small claims court, you agree that under no circumstances will you commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against tn.e-payhub.
2. By using the Service in any manner, you acknowledge and agree to the aforementioned arbitration agreement. In doing so, you waive your right to go to court to assert or defend any claims against tn.e-payhub (except for matters eligible for small claims court). You also waive your right to participate in a class action or other class proceeding. Should you assert a claim against tn.e-payhub outside of small claims court (and tn.e-payhub does not request the claim be transferred to small claims court), your rights will be determined by a neutral arbitrator, rather than a judge or jury. The arbitrator shall have the authority to resolve all claims and issues pertaining to the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator may generally grant any relief that a court could provide, including the authority to consider a dispositive motion (which may encompass a motion based on the parties’ pleadings, as well as more complex motions), but arbitration proceedings are typically simpler and more streamlined than trials or other judicial proceedings. Decisions rendered by the arbitrator are enforceable in court and may only be overturned by a court for very limited reasons. For further information on the arbitration process, please refer to our Arbitration Procedures.
3. Any proceeding to enforce this arbitration agreement, including any action to confirm, modify, or vacate an arbitration award, may be initiated in any court of competent jurisdiction. In the event that this arbitration agreement is deemed unenforceable for any reason, any litigation against tn.e-payhub (except for small claims court actions) must be initiated exclusively in the federal or state courts located in Tunisia. You hereby irrevocably consent to the jurisdiction of such courts for these purposes.
16. Governing Law
For users/customers/agents residing in Tunisia or elsewhere where our arbitration agreement is prohibited by law, the laws of Tunisia, excluding Tunisia’s conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, all disputes and controversies arising between the parties shall be resolved exclusively by the local state courts of Tunisia for both private individual users and corporate users – legal entities.
17. Venue
Except for members residing in the EU or the European Economic Area who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, the Service, or your relationship with the Company that are not submitted to arbitration will be litigated exclusively in the state courts of Tunisia. You and the Company consent to the exercise of personal jurisdiction of courts in Tunisia and waive any claim that such courts constitute an inconvenient forum.
18. Indemnity by You
To the extent permitted under applicable law, you agree to indemnify, defend, and hold harmless the Company, our affiliates, and their respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising out of or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
19. Entire Agreement; Other
This Agreement, which includes these Terms of Use, our Privacy Policy, and any terms disclosed and agreed to by you upon purchasing additional features, products, or services we offer on the Service, constitutes the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your account on the Company's official website is non-transferable and that all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind the Company in any manner.