Term And Conditions

1.0 General Provisions

  1. The Terms and Conditions listed below govern the access and use of our mobile phone application (“the Application”) that enable you to Process Payments and Access Funds(“the Service”).
  2. The English language version of these Terms and Conditions is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with present Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.
  3. In the present Terms and Conditions,the terms “we”, “us”, “our” refer to M-pay Fintech Ltd. and “you”,“your” refer to any person who accesses and/or uses the Service.
  4. It is important that you understand that access and use of the Service is conditional on your acceptance of present Terms and Conditions.

2.0 Definitions
In the present Terms and Conditions,the below terms shall have the following meaning(s):

“Services ” means M-Pay app activities involving investment, savings, withdrawal and transfer of funds between the App and banks.

“Savings” means money received and processed by M-Pay for investment purposes on behalf of merchants.

“Application” means M-pay mobile phone application operated by M-pay Fintech Ltd to provide money saving services and the related information.

“Compliance Officer” means one or more members of staff at M-pay Fintech Ltd who is responsible for compliance with Payment regulations, anti-money laundering legislation and other applicable laws;

“Fees” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions;

“Interest” means amount processed and paid by M-Pay for merchants who have invested their savings with M-Pay fintech limited.

“Force Majeure Event” means any of the circumstances referred to in clause 9.7;

“Malicious Code” means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage,detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;

“Prohibited purpose” means any unlawful purpose (whether such illegality arises in the country from which the funds are saved).

“Reference number” means the unique transaction number, which will be issued to you for every transaction

“Transaction” means every Payment that you initiate through the Service and/or every other use that you make of the Service,

2.1 How to get in touch with us
M-pay Fintech Ltd. operates an app that enables you to Process payments, access funds and borrow using a mobile phone

  1. M-pay Fintech Ltd is a company incorporated and licensed under the laws of Kenya
  2. We can be contacted via the following means:
    Telephone: +254709 058 058/ 0710 914 969
    Email using the email address: info@m-pay.co.ke

3.0 Confidentiality Policy

  1. As a fully regulated institution and with a purpose of providing the Service we are bound by the legal requirements to obtain, verify and record information about our customers. Therefore,we may request from you or consult any legal sources to obtain yourpersonal data when offering the Service to you.
  2. Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.
  3. We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
  4. We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.
  5. For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy that can be found at Privacy

4.0 Eligibility and Access Rights

  1. By using the Service,you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.
  2. Without prejudice toyour rights in relation to any order for Services in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:
    • You use the Service or attempt to use it for any Prohibited Purpose;
    • You attempt to transfer or withdrawfunds from an account that does not belong to you;
    • We receive conflicting claims regarding ownership of or the right to withdraw funds from the account;
    • You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions;
    • You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the
    • Application or to infect it with any Malicious Code;
    • We have reason to believe that any of the foregoing has occurred or is likely to occur;
    • A Compliance Officer has taken a discretionary decision to do so.

5.0 Information you Receive Before A Withdrawalis Complete.
Before your withdrawal transaction is complete you will be provided with the following information:

  1. The payout amount that you will receive,
  2. Total Balance in your Account,
  3. The maximum total Fee that you will be charged,
  4. An estimation of time it will take for the funds withdrawn to reflect.

6.0 How the contract is formed between you and us

  1. After you place a money transfer order from your accountvia the Application an sms will be sent to you acknowledging that your transferamount has been received.
  2. A request for a Till/Paybill through usconstitutes solely an offer to buy our services, which is subject to our discretionary acceptance. Such acceptance will be communicated to you through SMS confirming that we have processed your Till/Paybill(hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sentto you.
  3. The Contract relates solely to the services that have been confirmed accepted in the Confirmation.
  4. We reserve the right to refuse to perform any of the Services (including after Confirmation) if:
    1. We are unable to obtain satisfactory evidence of your identity;
    2. Youprovide us with false, incorrect or incomplete information;
    3. We are unable to reach you via contact details provided by you;
    4. Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request;
    5. You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the
    6. Application or to infect it with any Malicious Code;
    7. You are in breach of these Terms and Conditions;
    8. You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;
    9. Processing the Service in accordance with your order may expose us to liability;
    10. We are unable to process your transfer due to variations in business hours, currency availability issues or due to any Force Majeure Event;
    11. We have reason to believe that any of the foregoing has occurred or is likely to occur; or
    12. A Compliance Officer has taken a discretionary decision to do so.
  5. We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in clause 5.2 or 7.4, we fail to complete the withdrawal of funds in accordance with an order.

7.0 Information provide dafter we process a transaction
After we process your transaction to the Recipient an SMS or in app notifications will be sent to you with the following information:

  1. A transaction reference number,
  2. A confirmation of the exact amount we are sending,
  3. Time of the transaction.

8.0 Limitation on Our Liability

  1. Claims for refund or compensation must be supported by all available evidence.
  2. Except as provided in clause 9.5, we shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of thepossibility of such loss.
  3. Nothing in this clause shall:
    1. Excludeor limit liability on our part for death or personal injury resulting from our negligence,
    2. Exclude liability for our fraud, our willfulmisconduct or gross negligence.
  4. We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Services.
  5. We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:
    1. an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;
    2. the acts, decrees, legislation, regulationsor restrictions imposed by any government or state;
    3. the actions or omissions of the third parties;
    4. malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
    5. any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or
    6. any Malicious Code interfering with the Service (Each, a “Force Majeure Event”).
  6. Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavorsto find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.

9.0 Your responsibilities and Obligations

  1. You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.
  2. The Fees for the Servicewe have provided to you have to be paid.
  3. You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.
  4. In relation to your registration and use of the Service you will:
    1. provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;
    2. supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners.
    3. update all information you provide to us to keep it accurate, current, complete and true;
    4. not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;
    5. Keep your account details secure, you must not share the account orany other transaction details with anybody
  5. You understand and accept that:
    1. We are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities;
    2. All charges of the Service will be charged using our rate card.
    3. We reserve the right to increase the charges as per the market demands
    4. You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you;
    5. You must call us or write an e-mail or call us as soon as possible if you believe or suspect that a withdrawal of funds was not executed properly or that the amount has not been received or was only partly received;

10.0 Fees and Payment Methods

  1. The prices for the money Services consist of Mpesa charges and our processing fee.
  2. All transactions will be charged as soon as we accept your withdrawal request.
  3. Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honoredin accordance with their published terms.

11.0 Complaints

  1. We value your feedback as it helps us improve our service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by e-mail to the following addresses: lnmsupport@m-pay.co.ke. We will investigate your complaint and use reasonable endeavors to come back to you with the results of our investigation within 3 working days after receipt of your complaint.

12.0 Written Communications
Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purpose of the Contract between you and us. The foregoing does not affect your statutory rights.

13.0 Notices and Communications
All notices given to us must be sent to M-pay Fintech Ltd.We may give notices to you in connection with any aspect of the Service or any order either through the e-mail address or the postal address that you provided to us or in any other way permitted pursuant these Terms and Conditions. Notices to you will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided.

14.0 Transfer of Rights and Obligations

  1. We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and Conditions and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the Website or the Application).
  2. We are entitled to perform our obligations to you through subcontractors, agents and other third parties.
  3. You may only transfer your rights and obligations under the Contract if we have agreed for this in writing.

15.0 Waiver

  1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
  2. A waiver by us of any default will not constitute a waiver of any subsequent default.
  3. No waiver by us of any term in these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions.

16.0 Severability
If any court or competent authority holds that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms and Conditions or the Contract which will continue in full force and effect to the fullest extent permitted by law.

17.0 Entire Agreement

  1. These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.
  2. You acknowledge that, in entering into the Contract and accepting these Terms and Conditions, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them.
  3. Nothing in this clause limits or excludes any liability for fraud.

18.0 Our right to vary these terms and conditions

  1. We reserve the right to revise, amend or replace these Terms and Conditions from time to time.
  2. Our Terms and Conditions in force at the time that you order Services from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms and Conditions after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period of time and in any event within seven days that you wish to cancel the order, the revised Terms and Conditions will apply.

19.0 Third Party Rights

  1. A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts.

20.0 Law and jurisdiction
Contracts for the purchase of our services using the Website or the Application and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Kenyan law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Kenya. The foregoing shall be without prejudice to your statutory rights.

21.0 Intellectual Property

  1. The Application, the content, the name M-pay and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trademarks,) (“IPRs”) are owned by us, our affiliates or third party licensors. Other names and logos of third-partyproduct, service and companies displayed on the Website may be the trademarks ofthird parties. You shall not acquire any right, title or interest in any such IPRs by reason of the Services or the Contract and all right, title and interest in and to theApplication shall remain our property and/or the property of such other third parties.
  2. You may use the Application only for the purpose of the bona fide use of our Services as an individual consumer or business customer and only as permitted by these Terms and Conditions.You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website and the Application and the Services may not be used for the purpose of testing the Service or to obtain information about the Service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on the Website (or printed pages of the Website)

22.0 Liability and Governing Law
These terms and conditions are in accordance with the laws of Kenya, and M-pay reserves the right to change these terms and conditions and to terminate the referral scheme at any point in time. M-payalso accepts no liability for any use of the referral programme that doesn’t comply with this agreement.

23.0 Privacy Policy changes
M-Pay Fintech Ltd may change this Privacy Policy at any time by posting the revised policy on its app and website. Any changes will become effective immediately upon being posted unless stated otherwise.