Terms of Service

These Terms of Service ("Terms") govern your access to and use of Zephyr Pay services, including our website, application, platform, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree with these Terms, you must not access or use our Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

If you are using our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by these Terms.

3. Account Registration

To access certain features of our Services, you may be required to register for an account. When registering, you must provide accurate, current, and complete information. 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. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Services and Fees

4.1 Description of Services

Zephyr Pay provides business accounts, global payment solutions, and currency exchange services to businesses. Our Services allow you to:

• Open and manage business accounts
• Send and receive domestic and international payments
• Exchange currencies
• Access payment analytics and reporting

4.2 Fees and Payment

We charge fees for certain aspects of our Services as described in our Fee Schedule, which is incorporated by reference into these Terms. We reserve the right to change our fees at any time. Any changes to our fees will be communicated to you in advance.

By using our Services, you agree to pay all applicable fees. You authorize us to deduct any fees from your account balance or charge them to your designated payment method.

5. User Conduct

You agree not to use our Services:

• For any purpose that is unlawful, fraudulent, or unauthorized
• To engage in any activity that violates applicable laws or regulations
• To transmit any material that is defamatory, offensive, or otherwise objectionable
• To attempt to interfere with or disrupt the integrity or performance of our Services
• To attempt to gain unauthorized access to our Services or related systems
• To collect or store personal information about other users without their consent

6. Intellectual Property Rights

Our Services and their contents, features, and functionality are owned by Zephyr Pay, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in our Services, content, or intellectual property. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Zephyr Pay, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

8. Indemnification

You agree to defend, indemnify, and hold harmless Zephyr Pay, its directors, employees, partners, agents, suppliers, and affiliates 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.

9. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Auckland, New Zealand.

11. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]
Address: 10 Oki Place, Glenfield, Auckland, 0629, New Zealand