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THIS TRANSFER SERVICES AGREEMENT (“AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH SIRI YANGU WILL PROVIDE PrivPay AND RELATED SERVICES TO YOU. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY DOWNLOADING, ACCESSING, AND USING THE PrivPay APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.
The words “you” and “your” refer to the person who downloads the Application and uses the Service. The words “PrivPay”, “we” and “us” and “our” refer to PrivPay, a money transmitter, which provides the Service under the trade name, Siri Yangu. PrivPay is also the name of the Application. The word “Application” or “app” means the technology made available by PrivPay to you on your mobile phone or other electronic device by which you may access and use the Service. The word “Beneficiary” means the person to whom you send money. The word “E-Wallet” means the stored value account into which your Transfer may be paid to your Beneficiary, generally accessible on your Beneficiary’s mobile phone. The word “Payment Account” means the mpesa account (or such other source of funds that PrivPay agrees to accept from time to time for use hereunder and that you authorize PrivPay to charge) that you provide to PrivPay for PrivPay to charge for payment for your use of the Application. The Payment Account must be issued or held in your name. The word “Transfer” means the transfer of funds that you request and authorize PrivPay to process through the Application for payment to your Beneficiary. The word “Service” means the transfer of funds from you to your Beneficiary through the Application, and activities related to that transfer.2. Scope of Agreement
2.1 This Agreement applies only to the Transfers that you request through the Application.3. Registration Information
3.1 In order to use the PrivPay Facility Application, you must be at least 18 years old, have a Payment Account in your name in the approved origination country and be registered with PrivPay. In order to register, you must download the Application and provide PrivPay with information about yourself, such as your name, address, date of birth, telephone number, email address, and other information or documentation that will allow us to verify your identity. You agree to provide complete and accurate information and/or documentation in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.
3.2 Your use of the Application is subject to our ability to verify your identity. You authorize PrivPay to obtain information about you from third parties (including financial institutions and credit reporting agencies), although PrivPay has no obligation to do so. If you do not provide accurate and complete information during registration or when requesting a Transfer, we have the right to prohibit you from using the Service or the Application or to stop your requested Transfer. Inaccurate and/or incomplete information provided by you during registration or when requesting a Transfer may cause errors in your requested Transfer, or may delay or restrict your access to the Application or the Service.
3.3 Each time you access the PrivPay Facility Application, you shall be deemed to have confirmed the accuracy and completeness of all of your registration information.
3.4 Your registration is personal to you. You should not allow your registration details to be used by anyone else. Registration with PrivPay allows your Payment Account to be accessed through the Application. If you lose your phone or believe your access to the Application has been compromised, you should contact PrivPay immediately at [email protected] to change your password or disable your access to the Application.4. Description of the Service
4.1 You may use the Application only to send a Transfer to a Beneficiary located in a country where PrivPay provides payment service, as designated on the Application from time to time. PrivPay and PrivPay -designated service providers will process the transfer and make funds available for receipt by the Beneficiary as described below.
4.2 Your use of the Application or the Service does not constitute or create a fiduciary or escrow capacity between you and PrivPay . PrivPay provides a transfer service only; the funds that you direct PrivPay to pay to your Beneficiary are not held by PrivPay as a deposit or in escrow, and PrivPay is not holding or processing your Transfer as a fiduciary. PrivPay ’s only obligation is to pay your Transfer to your Beneficiary or to return the principal amount of the Transfer to you.
4.3 The Service is generally available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or to your Beneficiary. Periods of unavailability may be caused by PrivPay ’s own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond PrivPay ’s control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. PrivPay may from time to time set limits on the value of Transfers you may send (both individually and over a period of time), as well as the value of Transfers any Beneficiary may receive. PrivPay may delay payment of your Transfer to allow PrivPay to determine that your Transfer complies with applicable law, regulation or PrivPay policies. PrivPay has the right, without notice to you, to refuse to accept or pay any Transfer that PrivPay determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Transfer and then determine that it may violate any such law, regulation or policy, we may hold the Transfer until such time that the matter is resolved.5. Authority to Charge Payment Account; Fees and Expenses
5.1 In order to use the Service, you must use the Application to direct PrivPay to withdraw the principal value of the Transfer from your Payment Account, plus any applicable fees and charges; by requesting a Transfer, you authorize PrivPay to charge your Payment Account for the principal amount of the requested Transfer and applicable fees and charges, if any. You acknowledge that PrivPay has no obligation to process or complete a requested Transfer if PrivPay is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Transfer and all applicable fees and charges.
5.2 PrivPay will disclose its fees and charges for providing the Service to you before you initiate a Transfer. PrivPay ’s fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your Transfer.
5.3 If the charge to your Payment Account is returned, charged-back or cancelled for any reason after PrivPay has processed your Transfer request, you will be responsible to PrivPay for the principal amount of the Transfer and all associated fees and charges. You agree to pay such amounts, plus any applicable additional service fee and as a result of the return to PrivPay immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts.
5.4 Although PrivPay will pay the full principal amount of your Transaction to your Beneficiary when you initiate your Transfer, your Beneficiary may incur costs, fees, or charges from his or her mobile phone company, E-Wallet issuer or other parties to maintain or withdraw the funds. Furthermore, your Beneficiary’s ability to use or withdraw the funds you send may be limited by the terms of your Beneficiary’s E-Wallet issuer.6. Reliance by PrivPay
Use care when inputting information about your Beneficiary; and verify that you have provided us with the Beneficiary’s correct phone number. You represent and warrant to us that all information you enter into the Application or otherwise provide to PrivPay is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Transfer Payment, PrivPay may rely on the registration information and Transfer information that you provide, including information about your Beneficiary. You acknowledge that any errors in the information you provide, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.7. Execution of a Transfer
The PrivPay Facility Application is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, your Beneficiary is paid instantly through the PrivPay mobile application; accordingly, once you originate a Transfer, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered instantly to the Beneficiary, we will contact you and keep you informed about the delay.8. Payment of Funds to Beneficiary
8.1 PrivPay and/or PrivPay designated service providers will arrange for the payment of the Transfer to your Beneficiary. PrivPay reserves the right to select the form of payment to the Beneficiary. PrivPay and/or PrivPay designated service providers will use reasonable efforts to provide payment in a form requested, but the PrivPay Application is not obligated to provide payment options for a specific Payment. Depending on the situation and the availability of various payment options, payment may be made by means of a credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account or by some other payment instrument. Not all payment methods are available in all countries, and PrivPay reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Transfer Payment funds may be returned to you either by a credit to your Payment Account or by check, at PrivPay 's option.
8.2 PrivPay reserves the right to establish identification and verification requirements for a Beneficiary to receive a Transfer. PrivPay may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Transfer, when paying the Beneficiary. PrivPay has the right to decline to pay the Beneficiary if PrivPay cannot verify the identity of the Beneficiary or if PrivPay believes that you or your Beneficiary may be in violation of this Agreement or any applicable law, regulation or PrivPay policy. Although PrivPay has the right to establish identification and verification requirements, and the Beneficiary’s failure to comply with them is a basis to decline payment of the Transfer, PrivPay has no obligation to establish any such requirements.9. Permissible Transfer Payments
The Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation. Specifically and without limitation, you may not use the Service for any Transfer (a) induced by or involving the proceeds of crime, fraud or other improper activity; (b) exceeding PrivPay ’s transaction limits (whether in amount, frequency or otherwise); (c) sent for the purpose of gambling, including placing bets or paying winnings; (d) intended to be used as an escrow or similar capacity for delayed payment; (e) which PrivPay determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money- laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls. You agree that you will only request a Transfer that complies with this Agreement, applicable origination country laws and applicable laws in the country of the Beneficiary. You may only use the Application to send Transfers on your own behalf. You may not resell the Application or use the Application to make Transfers on behalf of, or as agent for, another person. You will provide information and/or documentation that PrivPay may request from time to time in order for PrivPay to comply with any applicable laws, including anti-money laundering laws. PrivPay may refuse payment of any Transfer which PrivPay determines in its sole discretion does not comply with applicable law, PrivPay policy or the terms of this Agreement.10. Rejection of Transfer Payment Request
10.1 PrivPay has the right to reject your request for a Transfer, or to decline to complete a request for a Transfer, or to impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, PrivPay may suspend, delay or reject your Transfer Payment request if:
10.2 If your request for a Transfer is declined for any reason, PrivPay will notify you by an SMS / text message or electronic mail, or by any other reasonable means of notice.
10.3 Generally, if your request for a Transfer is declined or rejected, PrivPay will return the principal amount of your Transfer to your Payment Account, if it has already been withdrawn; there may be circumstances, however, where the law requires PrivPay to hold your Transfer or to pay it to another party (including a government agency). If that happens, PrivPay will inform you, if we are permitted to do so by applicable law.11. Limitation of Liability
PrivPay is not responsible for any delay, failure to execute, or an error in the execution of your Transfer request due to circumstances beyond PrivPay ’s reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances, or incorrect or incomplete information provided by you. You further agree that that PrivPay may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system.
Under no circumstances will PrivPay be liable for damages, whether caused by the negligence of PrivPay ’s employees, contractors, agents or others, in addition to refunding the principal amount of the Transfer and any fees and costs you may have paid to PrivPay to send it. Under no circumstances will PrivPay be liable for any incidental, indirect, special, punitive or consequential damages or the like. THE APPLICATION AND SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. PrivPay MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE APPLICATION OR THE SERVICE. PrivPay DOES NOT WARRANT THE FUNCTIONALITY OF THE APPLICATION OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON- FUNCTIONALITY OF THE APPLICATION AND THE SERVICE, OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION OR THE SERVICE.12. Error Resolution and Cancellation Policy
For error resolution, transaction cancellation, questions, complaints, or a written explanation of your rights, contact us at [email protected] Because PrivPay credits Transfers to Beneficiaries immediately, your Transfer is typically not cancellable or refundable. If you believe that you sent a Transfer in error, you must contact us within thirty (30) minutes after you initiated it at [email protected], and we will attempt to recall it. If your Transfer has not yet been credited to your Beneficiary’s account, we will refund it to you (including all fees, if any) within three (3) business days. However, if the Transfer has already been credited to your Beneficiary’s account we will be unable to cancel it.
If you notify us that the account number, telephone number, Beneficiary name or other information that you provided to us when you initiated your Transfer was incorrect, we will promptly use reasonable efforts to recover the amount of your Transfer, but we may be unable to do so if your Transfer has already been paid or credited in accordance with the information you provided. You have a right to dispute errors in your transaction. If you think there is an error, contact us at [email protected] within 180 days after you sent your Transfer, and provide your name, contact information, the Beneficiary’s name, the date of your transfer, as well as the reason you believe there has been an error. PrivPay will investigate and determine whether an error occurred, and we will complete the investigation within 8 weeks (56 days). We will inform you of the results of the investigation within three (3) business days after the investigation is completed. You may request copies of any documents we used in our investigation. If PrivPay was at fault, we will refund the total amount you paid, including fees, if any, within one business day, or as soon as reasonably practicable. PrivPay will pay all refunds (whether resulting from a cancelled or disputed Transfer) either by a credit to your Payment Account or by check payment, at PrivPay ’s option. Alternatively, you can choose to have PrivPay process the Transfer again for no additional charge. Except for our obligation to investigate and refund described above, PrivPay is not liable to you for any loss resulting from PrivPay ’s inability to cancel or refund a Transfer.13. Indemnity
In consideration of our agreement to provide you with the Application and Service, you agree to indemnify and hold PrivPay harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses – including reasonable attorney’s fees – in connection with or arising out of (i) your use of the Application or the Service, (ii) your breach of this Agreement, or (iii) PrivPay acting upon your request for a Transfer. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify PrivPay for any losses caused due to any inaccurate, non- current or incomplete information that you provided to PrivPay and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs, passwords, or due to any unauthorized use of your ID and/or password.14. Arbitration of Disputes
Where allowed, any dispute or claim arising from or relating to this Agreement, any Transfer or the Service, including disputes involving this provision about the resolution of disputes, will be settled by binding arbitration. Each party will pay for its own attorneys, experts and witnesses. Neither party shall have the right to participate in any class of claimants pertaining to any claim. Third parties’ claims shall not be joined in any arbitration between PrivPay and you pertaining to any claim and Third parties’ claims shall not be joined in any arbitration between PrivPay and you. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will pay for its own attorneys, experts and witnesses. The costs of the arbitrator(s) shall be divided equally between the parties.15. Electronic Communications
In order to use the Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Application and Service by means of electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, PrivPay will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Application, or PrivPay will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. PrivPay will make available to you a record of each of your Transfers electronically on the Application. In order to use the Application, you must have a Android device or iPhone or any other device approved by PrivPay . You agree that if you remove your consent to receive electronic communications, PrivPay will terminate your use of the Application and Service.16. General Terms