Terms and Conditions
Fawaterk for ePayments company(“FAWATERK“) provides a collection of tools and resources to collect your Money online by providing you with invoicing system and eStore builder, process orders and sell products online and related professional and other services (collectively, the “Services“).The following are the terms and conditions for use of the Services (the “Terms“), along with any operating rules or policies that may be published from time to time by FAWATERK LLC.
1. Services and Support
1. The Services are provided subject to these Terms and any operating policies that FAWATERK may establish (collectively, the “Agreement“).2. when using FAWATERK services, Customer shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
3. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
4. The Services provides a collection of tools and resources to collect your Money online by providing you with invoicing system and eStore builder, process orders and sell products online and related professional and other services. In addition, the Services may include professional consulting services relating to your use of the FAWATERK’s tools and resources.
5. Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer’s FAWATERK.com account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer’s account and of the Services in Customer’s name.
6. FAWATERK reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. Restrictions and Responsibilities
1. This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software“); modify, translate or create derivative works based on the Services or any Software, or copy, distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with FAWATERK’s privacy policies as published below or otherwise furnished to Customer (the “Policy“) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).
3. FAWATERK Will remove any such content or prohibit any use of the Services it believes may be (or illegal to be) in violation of the foregoing.
4. For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.
5. In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to FAWATERK.
6. FAWATERK may use this information and any technical information about Customer’s use of this web site to tailor its presentations to Customer, facilitate Customer’s movement through this web site, or communicate separately with Customer.
7. FAWATERK will not provide information to companies Customer has not authorized, and FAWATERK will not permit the companies that get such information to sell and redistribute it without Customer’s prior consent.
1. Customer may terminate this Agreement at any time by sending an email message to email@example.com.
2. FAWATERK may terminate this Agreement or the Services at any time in case of violating any of the policies with or without notice. FAWATERK shall have no liability to Customer or any third party because of such termination.
3. FAWATERK have the right to terminate this agreement or the Service at any time if Customer used the service in selling or promoting any illegal products or services. FAWATERK shall have no liability to Customer or any third party because of such termination.
4. FAWATERK have the right to terminate this agreement or the Service at any time if Customer used the service in selling or promoting porn or any indecent material or any material that may incite violence or defamation of religions. FAWATERK shall have no liability to Customer or any third party because of such termination.
5. Upon termination for any reason, FAWATERK may delete any Customer archived data within 3 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, and limitations of liability.
4. Payment and Renewal of Service
1. Term of Service: The term of Customer’s subscription to the Services commences upon Customer’s acceptance of these Terms and terminates as set forth above.
2. Payment: Customer agrees to pay all applicable fees (3.25%+ 3.00 L.E on any transaction)for ePayment Service after any successful transaction.
1. Prohibited Offerings: No Customer may utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
2. Private Information and Images: Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
3. Violations of Intellectual Property Rights.:Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. FAWATERK is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).
4. Misrepresentation of Transmission Information: Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
5. Viruses and Other Destructive Activities.: Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
6. Hacking: “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
7. Anonymous Proxies: FAWATERK does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
8. Child Pornography :The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. FAWATERK is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
9. Other Illegal Activities. The use of the Services to engage in any activity that is determined by FAWATERK, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. FAWATERK will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
10. Other Activities: Engaging in any activity that, in FAWATERk’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, FAWATERk’s business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of FAWATERk’s Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with FAWATERk in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.
6.COPYRIGHT NOTICE INFRINGEMENT INFORMATION:In accordance with the Digital Millennium Copyright Act, FAWATERk has adopted a policy that provides for termination of accounts that are found to infringe on copyrights of third parties. FAWATERK will remove the account or disable the material if the copyright holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
7. Backups:For its own operational efficiencies and purposes, FAWATERK from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms.
5. Governing Law: These terms shall be governed by the laws of the Arab Republic of Egypt without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of FAWATERK, Customer agrees that all disputes, if any, involving FAWATERK shall be subject exclusively to the jurisdiction of the Arab Republic of Egypt; provided, further, that all action brought against FAWATERK in Court must be brought in Arab Republic of Egypt. Customer hereby agrees that it is subject to the in personal jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving FAWATERK. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under Arab Republic of Egypt or otherwise, to the existence of said in personal jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against FAWATERK outside the Arab Republic of Egypt; and, that Customer, if involved before a court in a lawsuit outside of the Arab Republic of Egypt, shall be deemed to support and to stipulate to a motion made by FAWATERK to dismiss said lawsuit with respect to FAWATERK LLC.
6. Indemnification of FAWATERK: You, the Customer, agree to defend, indemnify and hold FAWATERK, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from FAWATERK own gross negligence or willful misconduct.