The Website is owned and managed by CAPRICOIN LIVE LTD, a company registered in EVANS BUSINESS CENTRE, Dane Street, Rochdale, OL12 6XB, under Company Register Number 09710318 (“CapriPay”).
These Terms and Conditions set out the terms between you (The Customer) and CapriPay.
By registering for the Services, you must read, agree with and accept all of the terms and conditions stated in these Terms and Conditions. These Terms and Conditions is provided to you and concluded in English. You agree that any use by you of the Services shall constitute your acceptance of the Terms and Conditions and we recommend that you store or print-off a copy of the Terms and Conditions (including all policies) for your records. “Services” means all products, services, content, features, technologies or functions offered by CapriPay and all related sites, applications, and services.
CapriPay will require you to have a CapriPay Account to use the Services (including, without limitation, to send or receive payments or to use CapriPay as a means of logging into third party services).
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the CapriPay a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the CapriPay, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the CapriPay’s use of such content (including of works derived from it) in connection with the Services.
You may not transfer or assign any rights or obligations you have under these Terms and Conditions without CapriPay's prior written consent. You are not permitted to transfer your Account to a third party. CapriPay reserves the right to transfer or assign these Terms and Conditions or any right or obligation under these Terms and Conditions at any time without your consent.
We reserve the right to vary Terms and Conditions at any time, without giving notice to you. Such varied Terms and Conditions shall automatically apply to the use of our Website from the date of publication on our Website.
To be eligible for our Services, you must (i) be a resident of one of the countries listed on the CapriPay Website; (ii) have full legal capacity to enter into a contract; and (iii) if you are an individual, be at least 18 years old. You further represent and warrant to us in opening an Account with us that you are not acting on behalf of, or for the benefit of, anyone else.
We offer the following types of Accounts: Personal and Merchant Accounts. Unless otherwise agreed, you may hold not more than one Personal Account and one Merchant Account.
Personal account can be opened by anyone – person or business. To open a Personal Account you must register on the CapriPay website and provide necessary information.
You must provide KYC (know your customer) documents (copy of ID and proof of address document) in order to lift transactions and access all features that are available on CapriPay.
Businesses must provide KYC documents that include copy of Certificate of incorporation and proof of address.
Merchant account can be opened by businesses only. To open a Merchant Account you must register on the CapriPay website and provide necessary information.
You must provide KYC documents (copy of ID and proof of address document) in order to access all features that are available on CapriPay.
By registering with Merchant Account you will be able send CPC, receive CPC, make a withdrawal to bank account you have registered you CapriPay Account with, and also you will be able to give cashback to other users through our cashback system. A Merchant Account holder can receive CPCs through a cashback system that they can choose to keep, exchange on platform or sell directly to customer. Merchants can withdrawal money from account in Fiat currency.
Subject to the terms of this Agreement, you agree that we will execute an order made by you via your Account and credit the person to whom you are sending your payment almost instant. Direct transactions between users, or user and merchant are instant. But bonuses that are given out in CPC have a 2 week escrow.
There are sending limits for users that have not provided KYC documents – 100 CPC per transaction. After KYC documents are provided and approved there are no CapriPay sending limitations.
All transactions are final and cannot be reversed or cancelled. But it is possible to request refunds from businesses that hold Merchant Accounts.
CapriPay may allow anybody with a CapriPay Account to initiate a payment to your Account. Personal Account and Merchant Account holders can receive CPC from any CapriPay Account holder either Personal or Merchant.
CapriPay is not in possession of all the information necessary to place the until the transaction review is complete and CapriPay has found the payment to be in order. Where a Compliance Team finds problem with the payment, the payment will be reversed and the funds returned to the sender from the receiver’s Account. All transactions that complete transaction review are still subject to being reversed.
Merchant account holders agree not to mischaracterise or disparage CapriPay as a payment method. Merchant account holders agree that you will only surcharge for the use of CapriPay in compliance with any law applicable to you. CapriPay has no liability to any buyer where Merchant account holders have failed to inform the buyer of any surcharge. You acknowledge that if Merchant account holders are permitted to surcharge and your further fail to disclose any form of surcharge to a buyer this may constitute a criminal offence by Merchant account holders.
The main currency of CapriPay is CPC. All transactions are in CPC. Set of currencies will be displayed on the website for informative purposes. Balance will be displayed in a CPC to accept payments sent in that crypto currency.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. CapriPay is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Exchange CPC on Platform
Merchant Account holders will be able to withdraw funds in Fiat currencies but give cashback only in CPC.
Merchant Account holders may withdraw funds by transferring them to your bank account. Some jurisdictions may permit you to withdraw funds to either your bank account or your card. The bank account into which you request the redemption of E-money must be denominated in the home currency of your Account. Balances must be redeemed in fiat currencies.
You agree to comply with our requests to verify your identity before we redeem E-money to you to allow us to reduce the risk of fraud or to otherwise comply with our anti-money laundering or other legal obligations.
The term of this Agreement is for a period of time when you successfully register for a CapriPay account until this Agreement is terminated for whatever reason. You may close your Account and terminate this Agreement at any time by logging in to your Account, clicking on the “Close Account” link, and then following the instructions. You must withdraw your Balance not later than the time you close your Account and terminate this Agreement.
You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect CapriPay or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liabilities of whatever nature. You will remain liable for all obligations related to your Account even after the Account is closed.
Subject to the remainder of this section, E-money held in your Account is not subject to any time limitation as to its validity. If you do not access your Account for a period of three years it may be closed. After closure, we may use the information you have provided us to try to send you any funds in redemption of the E-money in your Account.
Fees and Currency Conversion
CapriPay transactions are free of charge, there is no transaction fee when sending or receiving CPC.
Merchant account holders are subject to currency conversion when withdrawing money from Account. The exchange rate is adjusted regularly and may be applied immediately and without notice to you.
Where a currency conversion is offered by CapriPay at the point of withdrawal you will be shown the exchange rate that will be applied to the withdrawal before you proceed with authorising the withdrawal. By proceeding with your authorisation of the withdrawal you are agreeing to the currency conversion on the basis of the exchange rate.
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with CapriPay, a User or a third party, you will not:
Breach this Agreement (including, without limitation, opening multiple CapriPay accounts or any other agreement that you have entered into with CapriPay (including a Policy));
Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);
Infringe CapriPay’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;
Provide false, inaccurate or misleading Information;
Fail to provide us with further information about you or your business activities that we may reasonably request;
Send or receive what we reasonably believe to be potentially fraudulent or unauthorised funds;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Use an anonymising proxy;
Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to CapriPay, a User, a third party or you;
Cause CapriPay to receive a disproportionate number of Claims that have been closed in favour of the claimant regarding your Account or business;
Use your Account or the Services in a manner that CapriPay, Visa, MasterCard, American Express or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules;
Allow your Account to have a balance reflecting an amount owing to us;
Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as CapriPay reasonably believes based on the information available to it);
Access the Services from a country that is not included on CapriPay's Worldwide page;
Disclose or distribute another User’s Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the CapriPay website(s) without our or any applicable third party’s written consent;
Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
Reveal your Account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of passwords;
Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of this Agreement;
Integrate or use any of the Services without fully complying with all mandatory requirements communicated to you by way of any integration or programmers’ guide or other documentation issued by PayPal from time to time.
You agree to perform the following actions to keep your Payment Instrument safe:
Not engage in any of the Restricted Activities;
Keep the details of your Funding Sources, password safe;
Not allow anyone else to have or use your Funding Source, password or PIN details;
Not disclose the details of your Funding Sources, password except when using the Service;
Never write your password in a way that can be understood by someone else;
Not choose a password that is made more memorable to you such as a sequence of letters or numbers that may be easy to guess;
Take care to make sure that no one sees your password when you use it;
Ensure you are logged out of all payment-relevant applications in your device when you don’t use it to access the Service and/or when others could access it (e.g. where you share your device with others or use your device through unsecured public internet connections, such as in typical public “free-WiFi” areas);
Refrain from using any functionality that saves or stores your password on your access device;
Comply with all reasonable instructions we may issue regarding how you can keep your Payment Instrument safe;
Keep your personal details in your Account up to date. We may be unable to respond to you if you contact us about your Account from an address, telephone number or email account that is not registered with us; and
Take all reasonable steps to protect the security of the personal electronic device through which you access the Services (including, without limitation, using pin and/or password protected personally configured device functionality to access the Services). If you lose your device, you must inform us immediately and delete your device from the settings in your CapriPay account.
You are responsible for all Reversals, Chargebacks, fees, fines, penalties and other liability incurred by CapriPay, a CapriPay User, or a third party caused by your use of the Services and/or arising from your breach of this Agreement. You agree to reimburse CapriPay, a User, or a third party for any and all such liability.
CapriPay reserves the right to request additional information from you, other than what is referred to in this Agreement, to allow it to comply with its anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require to enable us to comply with our anti-money laundering obligations. This may include, without limitation, requiring you to fax, email or otherwise provide to us certain identification documents. You also agree to provide us, upon our reasonable request and at your own expense, information about your finance and operations, including, without limitation, your most recent financial statements (certified or otherwise) and merchant processing statements (if applicable).
This Agreement and the relationship between us shall be governed by English law.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:
any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
any loss or corruption of data; or
any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or
any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.
Revision Date: February 12, 2016.