1. Section Scope & Legal Intent
2. Mandatory Standards & Operating Requirements
All participants subject to this policy must strictly adhere to the following mandatory standards:
- All controversies or claims arising out of marketplace use must first undergo 30 days of mandatory good-faith informal negotiation.
- Unresolved disputes must be submitted to confidential, binding arbitration administered by an established international arbitration body.
- Class actions, collective lawsuits, and representative proceedings are expressly waived to the maximum extent permitted by law.
3. Explicit Prohibitions & Violation Triggers
The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:
- Initiating or participating in a class action or collective arbitral proceeding against ePaisay.
- Filing court lawsuits in jurisdictions other than the designated platform legal seat without prior arbitration.
- Breaching confidentiality obligations governing arbitration settlements and proceedings.
4. Warning & Violation System Enforcement Matrix
Each violation under this section is mapped directly to the automated warning and sanction ladder:
| Violation Code | Offense Description | Detection Method | Severity Tier | Cure Window | Mandatory Sanction |
|---|---|---|---|---|---|
VIOL-325-01 |
Attempting to file class action lawsuit in breach of waiver agreement. | Legal Process Intake | Tier 4 (Critical) | Immediate | Motion to compel arbitration, recovery of attorney fees, account termination. |
VIOL-325-02 |
Breaching confidentiality of arbitral dispute award or proceeding. | Legal Compliance Report | Tier 3 (High) | Immediate | Forfeiture of arbitral settlement rights, 5,000 EPAY liquidated damages. |
VIOL-325-03 |
Refusal to participate in good-faith informal negotiation window. | Dispute Portal Log | Tier 2 (Moderate) | 7 Days | Tolling of statutory deadlines, administrative warning. |
5. Platform Safe Harbor & Limitation of Liability
Platform Intermediary Status: ePaisay provides the technological marketplace venue connecting independent counterparties. ePaisay is not a vendor, retailer, agent, or guarantor of any product, service, or transaction governed herein.
Total Disclaimer of Warranties: The platform disclaims all warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permissible by applicable law.
Limitation of Damages: In no event shall ePaisay, its officers, directors, or employees be liable for incidental, indirect, punitive, or consequential damages. Aggregate liability is strictly capped at the lesser of $100 USD or platform fees paid in the preceding three months.
Participant Indemnification: The participant agrees to defend, indemnify, and hold harmless ePaisay against any third-party claims, regulatory penalties, legal fees, or damages arising out of violations of this Section.