Terms and Conditions

Last Updated: April 15, 2024

These Terms and Conditions ("Terms") govern your access to and use of the PayEase Bahrain website (https://payease-bahrain.com) and services. Please read these Terms carefully before using our services.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

1. Definitions

Throughout these Terms, the following definitions apply:

• "Services" refers to the payment processing services, products, features, technologies, functions, and all related websites, applications, and services offered by PayEase Bahrain.
• "User", "you", or "your" refers to any individual or entity that accesses or uses our Services.
• "Merchant" refers to any business entity that uses our Services to accept payments.
• "Customer" refers to any individual or entity that makes payments to Merchants using our Services.
• "PayEase", "we", "us", or "our" refers to PayEase Bahrain.

2. Account Registration and Eligibility

2.1 Account Creation

To use certain features of our Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information about yourself and your business (if applicable).

2.2 Eligibility Requirements

You must be at least 18 years old and capable of forming a binding contract to use our Services. If you are using our Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. Service Description

3.1 Payment Processing Services

PayEase provides payment processing services that enable Merchants to accept payments from Customers using various payment methods, including credit cards, debit cards, and electronic funds transfers.

3.2 Additional Products

We may offer additional products and services, such as payment gateways, mobile point of sale terminals, e-invoicing systems, subscription management tools, and analytics dashboards. These additional products may be subject to separate terms and conditions.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

4. Fees and Payments

4.1 Fee Structure

Fees for our Services are described on our website or in a separate agreement with you. Fees may include setup fees, transaction fees, subscription fees, and other charges as specified.

4.2 Payment Terms

You agree to pay all applicable fees for the Services you use. For Merchants, we may deduct our fees directly from the payments we process for you or bill you separately, as specified in our agreement with you.

4.3 Taxes

All fees are exclusive of any applicable taxes, which you are responsible for paying. If we are required to collect or pay any taxes on your behalf, these amounts will be charged to you.

4.4 Fee Changes

We reserve the right to change our fees at any time. We will provide reasonable notice of any fee changes through our website or by email.

5. Merchant Obligations

5.1 Compliance with Laws

Merchants must comply with all applicable laws, regulations, and card network rules, including but not limited to:

• Anti-money laundering laws
• Data protection and privacy laws
• Consumer protection laws
• Tax laws
• Payment card industry (PCI) standards

5.2 Prohibited Activities

Merchants must not use our Services for illegal purposes or in connection with prohibited business types, including but not limited to:

• Sale of illegal goods or services
• Fraudulent transactions
• Money laundering or terrorist financing
• Intellectual property infringement
• Other activities specified in our Acceptable Use Policy or prohibited by law

5.3 Know Your Customer (KYC) Requirements

Merchants must provide all requested information for our due diligence processes and keep this information updated. This may include business registration documents, ownership information, and identification documents for key personnel.

6. Customer Transactions

6.1 Payment Authorization

When you make a payment as a Customer, you authorize us to charge the payment method you provide for the amount of the transaction plus any applicable fees or taxes.

6.2 Refunds and Disputes

Refunds and disputes are primarily governed by the Merchant's refund policy. We facilitate refunds initiated by Merchants but do not automatically provide refunds for issues between Merchants and Customers.

6.3 Chargebacks

If you dispute a transaction through your payment card issuer, we will work with the Merchant and the card issuer to resolve the dispute according to card network rules.

7. Intellectual Property

7.1 Our Intellectual Property

All content, features, and functionality on our website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by PayEase, our licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services and related content solely for your personal or internal business purposes in accordance with these Terms.

7.3 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services without our prior written permission
• Use our trademarks, logos, or other proprietary information without our prior written consent
• Remove any copyright, trademark, or other proprietary notices from any portion of our Services

8. Data Protection and Privacy

Our collection and use of personal information in connection with our Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Representations and Warranties

9.1 Your Representations

You represent and warrant that:

• You have the legal capacity and authority to enter into these Terms
• Your use of our Services will comply with these Terms and all applicable laws, rules, and regulations
• Any information you provide to us is true, accurate, current, and complete
• If you are a Merchant, you have the right to sell the products or services for which you accept payments through our Services

9.2 Our Warranties

We warrant that our Services will materially conform to our published specifications. We do not warrant that our Services will be uninterrupted or error-free.

9.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAYEASE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (B) 500 BAHRAINI DINARS.

11. Indemnification

You agree to indemnify, defend, and hold harmless PayEase, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our Services' content, products, or services other than as expressly authorized in these Terms.

12. Term and Termination

12.1 Term

These Terms will remain in effect until terminated by you or us.

12.2 Termination by You

You may terminate these Terms at any time by ceasing to use our Services and closing your account.

12.3 Termination by Us

We may terminate or suspend your access to our Services, in whole or in part, at any time for any reason without prior notice, including but not limited to:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity

12.4 Effects of Termination

Upon termination:

• Your right to use our Services will immediately cease
• We may delete or retain your account information and data according to our Privacy Policy and applicable laws
• All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights, warranties, indemnities, and limitations of liability

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall be resolved through the following process:

1. Informal Resolution: We encourage you to contact us first to seek an informal resolution of any disputes.
2. Mediation: If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through mediation conducted by a mutually agreed upon mediator in Bahrain.
3. Arbitration: If mediation is unsuccessful, the dispute shall be finally settled by binding arbitration administered by the Bahrain Chamber for Dispute Resolution (BCDR) in accordance with its rules. The arbitration shall be conducted in English, and the seat of arbitration shall be in Manama, Bahrain.

13.3 Class Action Waiver

TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS, COLLECTIVE, REPRESENTATIVE, OR OTHER SIMILAR ACTION.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and PayEase concerning your use of our Services.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.

14.5 Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms resulting from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, or internet service provider failures.

14.6 Language

These Terms are provided in English. Translations, if any, are provided for convenience only and in the event of any conflict between the English version and any translated version, the English version shall prevail.

14.7 Notices

Notices to you may be made via email, regular mail, or by posting notices on our website. Notices to us should be sent to the contact information provided in the "Contact Us" section below.

14.8 Electronic Communications

By using our Services, you consent to receive communications from us electronically, including emails, texts, and notices on our website.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

16. Contact Us