Payshaq Terms & Conditions

Last Updated on May 18,2020

THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY GAMBIAN LAW, INCLUDING BUT NOT LIMITED TO  

1. THE CENTRAL BANK OF THE GAMBIA ACT 2005;

2. CENTRAL BANK OF THE GAMBIA REGULATION FOR THE PROVISION OF MOBILE MONEY SERVICES; 

3. ANTI-MONEY LAUNDERING AND COMBATING OF TERRORIST FINANCING 2012.

THIS TERMS AND CONDITIONS IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND PAYSHAQ (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ISSUANCE OF PAYSHAQ ACCOUNT BY PAYSHAQ OR YOUR USAGE OF THE PAYSHAQ ACCOUNT AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND PAYSHAQ FOR THE USE OF PAYSHAQ ACCOUNT AND SERVICES (DEFINED BELOW). THESE TERMS ARE IN ADDITION TO AND NOT IN DEROGATION WITH TERMS AND CONDITIONS OF ANY OTHER PRODUCT OR SERVICES OF PAYSHAQ.

Before a PAYSHAQ Account is issued to you or before you use the PAYSHAQ Account, please read these TERMS & CONDITIONS carefully.

By offering to acquire, accepting or using PAYSHAQ Account, You are unconditionally agreeing to the Terms and Conditions set out below with PAYSHAQ LLC and will be bound by them.

By agreeing to these Terms and Conditions, You represent the following:

• You are 18 (eighteen) years old or older;
• Capable of entering into a legally binding agreement;
• You are an GAMBIAN resident;
• You have not been previously suspended or removed from the Prepaid Payment Account Services or Single-Sign-On Services;
• You have valid and subsisting right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions contained herein; and
• You are not impersonating any person or entity, or falsely stating or otherwise misrepresenting identity, age or affiliation with any person or entity.

All references in these Terms and Conditions to You or Your shall refer to the users or Customer of Website, Merchant Site(s) or Apps.

All references in these Terms and Conditions to We, Us, or Our shall refer to PAYSHAQ LLC, and their respective affiliates, as the case may be.

1. REGISTRATION FOR SERVICES

1. You must register with us and open a PAYSHAQ account (“PAYSHAQ Account”) in order to use the services. We allow both individuals and Legal Entities to register with PAYSHAQ. You agree to:

1. provide only current, accurate and complete information about yourself in the course of registering to use the services (such information being the "Registration Information"); and

2.  maintain and promptly update the Registration Information, as necessary, to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof) and you will not have any cause of action against us for such suspension or termination of your account.

2. You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information, account information and other information necessary to facilitate your use of the services. For registration of your business, you are permitted to apply and enroll only if you represent a legitimate business and have the authority to enter into these Terms and Conditions on behalf of the business. You represent and warrant that you are duly authorized by the business entity to accept this “Terms and Conditions” and have the authority to bind such business entity to the terms and conditions given in this Terms and Conditions. Further, you represent and warrant that the business entity will continue its acceptance through the then authorized signatories, the terms of this “Terms and Conditions” as may be modified from time to time as long as such business entity continues using the services.

3. You further represent and warrant that the business entity has all the requisite consents, approvals, certificates, agreements, registrations and licenses in accordance with the laws, regulations, rules and guidelines in force in The Gambia from time to time.

2. ELIGIBILITY REQUIREMENT FOR OPENING A PAYSHAQ ACCOUNT

1. By creating/opening a PAYSHAQ Account, you represent and confirm that you are

1. 18 (eighteen) years of age or older;

2. not 'incompetent to contract' within the meaning of GAMBIAN LAW and CENTRAL BANK ACT 2005; and

3. entering into and performing this Terms and Conditions, as per applicable law.

2. You further represent and confirm that you are not a person debarred from using the PAYSHAQ sites and/or receiving the services under the laws of The Gambiaor other applicable laws.

3. Your right to access and use the sites and the services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the sites and services for lawful purposes.

3. USERNAME AND PASSWORD

1. As part of the PAYSHAQ registration process, you will create a username and password for your PAYSHAQ Account. You must choose a reasonably descriptive username that clearly identifies you or your business. In addition, your password should not contain any details about you that are easily available or identifiable. You are responsible for maintaining the confidentiality of the password and the PAYSHAQ Account. For security purposes, we recommended that you memorize your password and do not write it down. You agree not to disclose these credentials to any third party. Any person to whom you give your password will have full access to your payment information, and you assume all risk of loss resulting from any such access. All information and instructions received from your PAYSHAQ Account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity based on the use of your password. You will be responsible for all actions taken by anyone accessing the services using your username and password.

2. In the event of any dispute between two or more parties as to ownership of a particular PAYSHAQ Account, you agree that PAYSHAQ will be the sole arbiter of such dispute. PAYSHAQ's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

4. VERIFICATIONS OF INFORMATION

1. We may share some or all of the information you provide with the Payment System Providers, Card Associations, issuing Banks or Financial Institutions, Partner Bank, Nodal Banks, Merchants/ Billers (defined hereinafter) and other statutory, regulatory and governmental authorities. By accepting these Terms and Conditions, you authorize PAYSHAQ to request for supplemental documentation at any time (before or after your PAYSHAQ Account has been activated), in order to verify your identity, the accuracy of the information provided. If we cannot verify that this information is accurate and complete, we may deny your use of the services, or close your PAYSHAQ Account at any time. At any time, PAYSHAQ and/or the Payment System Providers may conclude that you will not be permitted to use the services.

5. OUR RELATIONSHIP WITH YOU

1. We provide online payment facilitation services. Through the PAYSHAQ aggregate payment gateway services, we facilitate you in making payments to other individuals and to our registered merchants/sellers (“Merchants”) for purchase of goods and services or to our registered billers (“Billers”) for paying your bill using your debit card, credit card, net banking, Payshaq Balance and any other acceptable modes of payment mechanism provided by us. These transactions are between the Merchants/Billers and you. We are only acting as an intermediary. We facilitate the collection of payments from you and facilitate the settlement of such payments to the respective Merchant/Biller. We are not involved in the clearing or payment of the transaction. In order to serve in this role, we have entered into agreements with various Nodal Banks, Payment System Providers, as defined under the CENTRAL BANK OF THE GAMBIA REGULATION FOR THE PROVISION OF MOBILE MONEY SERVICES, Card Associations and other payment processing system providers, to enable use of internet payment gateways developed by/for them in order for them to effect payments between you and the Merchants/Billers and provide clearing, payment and settlement services with respect to your transaction. It is to be clarified that the payment instructions are authenticated, authorized and processed by the Card Associations and your issuing bank through the Payment System Provider’s payment gateway and we do not have any role in the same.

2. In addition, we provide value added services such as bill presentment, bill reminders, and dashboard for transparency of transactions, loyalty points and discounts etc. As a part of the service offerings, we also facilitate distribution and marketing of prepaid payment instruments by the name of PAYSHAQ wallet/gift instruments issued by our Business Partners and (“ PAYSHAQ Balance”). This PAYSHAQ Balance may only be used on the PAYSHAQ site(s) to make payments for goods and services purchased from registered merchants or make bill payments to registered billers or for transfer of funds or transfer to other individuals or for any such other reasons as mutually agreed from time to time. If you avail the services of the PAYSHAQ Balance, you agree and accept the terms and conditions provided on the website www.payshaq.com

3. Use of our services may be available through a compatible mobile device or other device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

4. PAYSHAQ MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

6. RIGHTS YOU GRANT TO US

1. By submitting information, data, passwords, user names, other log-in information, materials and other content to us, you are granting us the right to use that for the purpose of providing the services. We may use and store the content in accordance with this “terms & conditions” and our Privacy Policy, without any obligation by us to pay any fees or be subject to any restrictions or limitations. By using the services, you expressly authorize PAYSHAQ to access your account information and payment information and submit the same further for processing your payments to any party to whom it is required to be submitted for the purpose of providing you services. We shall be acting as an intermediary, while providing you payment facilitation services. You agree that our role is limited to facilitating your payment instructions and providing other values added services.

7. YOUR OBLIGATION TOWARDS PAYMENT SYSTEM PROVIDERS AND CARD ASSOCIATIONS

1. As you will be using the services of Payment System Providers and Card Associations to process your payment instructions, you consent and agree to comply with the rules, guidelines, directions, instructions, requests, etc. (“ Guidelines”) made by the Payment System Providers and Card Associations from time to time. Notwithstanding our assistance in understanding the Payment System Providers and Card Association Guidelines, you expressly acknowledge and agree that you are assuming the risk of compliance with all applicable Guidelines. You further acknowledge that the Payment System Providers, Card Associations and your issuing bank may also put limitations and restrictions on you, at its sole discretion. You are responsible for keeping yourself up -to- date and compliant with all such Guidelines. In addition, the Payment System Providers and Card Associations have the right to reject payments made by you for any reason whatsoever. If you fail to comply with your obligations towards the Payment System Providers, we may suspend or terminate your PAYSHAQ Account.

8. REJECTION OF AUTHENTICATION AND AUTHORIZATION

1. You understand that the Payment System Providers and/or Card Association and/or your issuing bank may reject authentication and/or authorization of transaction placed by you for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent, illegal or doubtful transactions, selling of banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the RBI, Acquiring Banks, Issuing Institution and/or Card Association rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in Gambia.

2. You further acknowledge that as a security measure we and/or the Payment System Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards /, accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.

3. As a risk management tool, we and/or the Payment System Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. We will consider a variety of factors in making a decision and such determination will be at our sole discretion.

9. TRANSACTION CONFIRMATION AND ACCOUNT HISTORY

1. When your payment instructions are successfully processed with respect to a transaction, we will update your PAYSHAQ Account activity and provide you with a transaction confirmation. This confirmation will serve as your receipt. You acknowledges that we will only release the transaction confirmation upon receiving confirmation with respect to the authentication, authorization and processing of such Transaction (your bank account or debit or credit card being debited or charged) from the Payment System Provider or from the Payshaq Account Balance (" Transaction Confirmation"). We will not be responsible for any transactions that have not been confirmed to us by the Payment System Providers.

2. The summary of your transaction history is available on your PAYSHAQ Account dashboard. Except as required by law, you are solely responsible for:

1. Compiling and retaining permanent records of all transactions and other data and

2. Reconciling all transaction information that is associated with your PAYSHAQ Account. If you believe that there is an error or unauthorized Transaction activity that is associated with your PAYSHAQ Account, you agree to contact us at support@payshaq.com immediately and not later than 5 (five) days.

10. RISK MONITORING; UNUSUAL OR SUSPICIOUS TRANSACTIONS

1. In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the service. If we believe there is suspicious or unusual activity, we may temporarily or permanently suspend your access to the Service. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts. We may use your Account and transactions information to be compliant with the CENTRAL BANKS ANTI-MONEY LAUNDERING AND COMBATING OF TERRORIST FINANCING 2012.

11. SECURITY PROCEDURES

1. Unauthorized access to your financial information: To help prevent unauthorized access to your personal financial information, You agree to:

1.  maintain the security of your account by not sharing your password with others and restricting access to your account on your computer or mobile or other device;

2. ensure that you logout from your PAYSHAQ Account each and every time you use it;

3. ensure that you have a lock such as a pattern lock, password protection, etc. on your device and not leave your computer or mobile or other device unattended or unlocked; and

4. take responsibility for all activities that occur under your PAYSHAQ Account and accept all risks of unauthorized access. If you believe your password or devices has been lost or stolen, or if you suspect any fraudulent activity, please report this to us immediately at support@payshaq.com

2. You are solely responsible for any unauthorized access to your personal or financial information that result from your failure to properly follow the Security Procedure detailed in these Terms and Conditions. PAYSHAQ will not be liable for any loss, damage or other liability arising from your failure to comply with the terms and conditions herein or from any unauthorized access to or use of your PAYSHAQ Account. We will also have no liability and you agree to assume all risk of loss that arises out of or relates to any loss or theft of your device or any information contained within any device.

3. Risks: The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge. Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.

4. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

5. Encryption: Data transferred via the sites is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure that the sites are secure, you acknowledge that mobile transmissions and the Internet are inherently insecure and that all data transfers, occur openly and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing our sites will not be monitored or read by others.

6. Additional Security Procedures: We may from time to time use reasonable additional or alternative procedures to ensure the security and confidentiality of your payment transactions through our sites. At all times you agree to comply with all security procedures we may impose in connection with your use of the sites. You agree that all security procedures we use are commercially reasonable, and to the extent allowed by law, you assume all risk of loss for unauthorized transactions where we have followed our then-current security procedures.

7. Duty of Reasonable Care: We will exercise good faith and reasonable care in processing your transactions in accordance with these Terms and Conditions. You will similarly exercise good faith and reasonable care in:-

1. using the sites,

2. observing and maintaining security procedures,

3. communicating with us, and

4. In reviewing your transaction records for any errors or discrepancies.

8. Dropped calls, lost signals: If the internet connection to your device is interrupted or disconnected at any time before signing off, you must confirm that your payment requests have been received by us. We are not responsible for disconnections or interruptions in service or for failing to complete any payment request that we have not received as a result of any disconnection or interruption of the internet connection on your device.

9. Compatibility: The protocol that we use may be different from that used by your device or internet carrier. We make no representations or warranties that your device or any carrier will be compatible with our system requirements or otherwise allow you to make payment requests using the Sites.

12. DISCLAIMER REGARDING SELLERS/MERCHANT, THEIR PRODUCTS AND RELATED THIRD PARTIES

1. All obligations with respect to the delivery of goods and services and/or acknowledgement of payment will be solely that of the Merchant/Biller and not of PAYSHAQ. Notwithstanding the dispute resolution assistance provided by PAYSHAQ, all disputes regarding quality, merchantability, non-delivery, and delay in delivery or otherwise will be directly between you and the Merchant/Biller without making us and/or the Payment System Providers, a party to such disputes.

2. We make no representations or guarantees regarding Merchants/Billers utilizing our services. Use of our services in no way represents any endorsement by us of a Merchants/Billers existence, legitimacy/legality, ability, policies, practices, beliefs as well as the Merchants/Billers goods and services or reliability. The Merchant alone will be responsible to you and we will not have any responsibility or liability towards you in this respect.

3. The relationship between us and the Merchants/Billers is on principal-to-principal basis. We have no connection or interest of whatsoever nature in the business of the Merchants/Billers or the goods/services offered / marketed by the Merchant/Biller. We do not in any manner take part in their business, directly or indirectly and are nowhere concerned or connected to the revenue of the Merchants/Billers. We will only provide payment aggregator services to the Merchant/Buyer in our capacity as an intermediary. For the use of our services, the Seller/Merchant pays us Fees as posted on our website and we are nowhere connected or concerned about the revenues of the Seller/Merchant or the Payment System Providers.

4. Further it is not our responsibility to monitor in any manner the use of the payment mechanisms by you for purchasing goods and services from the Merchant or aiming your bill payment to the Billers. You are using the payment mechanisms at your sole option and risks.

13. LIMITED LICENSE TO USE THE SERVICES

1. We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign, to electronically access and use the services solely to access and use the services for their intended purpose of enabling you to instruct a payment transaction, view your PAYSHAQ Account and use other valued added services. You will be entitled to download updates to the services, subject to any additional terms made known to you at the time, when we make these updates available. All other uses are prohibited.

2. While we want you to enjoy the services subject to these Terms and Conditions, you should not yourself or permit any third party to do any of the following:

1. access or monitor any material or information on our system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with us referencing this clause that expressly grants you an exception to this prohibition;

2. copy, reproduce, alter, modify, dismantle, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from us;

3. transfer any rights granted to you under these Terms and Conditions;

4. violate the restrictions in any robot exclusion headers on the services, work around, bypass, or circumvent any of the technical limitations of the services, use any tool to enable features or functionalities that are otherwise disabled in the services, or decompile, disassemble, decode or attempt to decode or reverse engineer the services or to in any way override or break down any protection system integrated into the services;

5. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the services;

6. perform or attempt to perform any actions that would interfere with the proper working of the services, prevent access to or use of the services by us to others, or impose an unreasonable or disproportionately large load on our infrastructure;

7. create a derivative software program;

8. any resale or commercial use of the services such as permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement;

9. the distribution, public performance or public display of the services or any materials therein;

10. downloading (other than page caching) of any portion of the services or any information contained therein, except as expressly permitted by us; or

11. Otherwise use the services except as expressly allowed under this “Terms and Conditions”.

12. Any use of the services other than as specifically authorized herein may result in, among other things, termination or suspension of your right to use the services. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, and will continue until such time as you cease to use or access the Services or your use or access to the Services is terminated by us.

14. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

1. The services are protected by copyright, trademarks, patents, trade secrets and/or other intellectual property laws. We own the title, copyright and other worldwide intellectual property rights in the services and all copies of the services. In addition, this Terms and Conditions does not grant you any rights to the intellectual property rights in the services;

2. In addition, "PAYSHAQ", "PAYSHAQ.COM", " PAYSHAQ Application”, and any other name, brand name, logo, wordmark, trademark, service marks, slogan of PAYSHAQ are trademarks of PAYSHAQ or of our affiliates, group company, service providers, etc. and shall not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holder.

3. You shall not use any metatags or any other "hidden text" utilizing "PAYSHAQ" or any other name, trademark or product or service name of PAYSHAQ without our prior written permission. In addition, the look and feel of the services, including all page headers, custom graphics, button icons and scripts, the service mark, user interface, trademark and/or trade dress of PAYSHAQ and may not be copied, imitated or used, in whole or in part, without our prior written permission.

4. Nothing contained herein authorizes you to use or in any manner exploit any intellectual property rights of ours or our affiliates, group companies, service providers, the Payment System Providers, without our prior written consent, expect where consent is already provided under these Terms and Conditions.

5. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Service or our products. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

15. COUPON REDEMPTION

1. Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective issuer of the coupon. Coupons are issued on behalf of the respective issuer of coupons. We cannot be held liable for any damages, injuries, losses incurred by the end you by use / non-use of such coupon.

16. OFFERS, DISCOUNTS, CASHBACK, USER PROGRAMS

1. If you avail any offers, discounts, cashbacks, coupons and you programs, etc. (“Offers”) provided by us or our partner, you are agreeing to comply with and accept the terms and conditions provided in respect of such Offers. Further, you understand that all terms and conditions provided with respect to any Offer shall form part of this Terms and Conditions and shall be read in conjunction with this Terms and Conditions.

17. ONLINE AND MOBILE ALERTS AND COMMUNICATION POLICY

1. We may from time to time provide automatic alerts and voluntary PAYSHAQ Account or payment related alerts. Further automatic alerts may be sent to you following certain changes to your PAYSHAQ Account or information, such as a change in your Registration Information.

2. Voluntary account alerts may be turned on by default as part of the Services. We may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from among these options.

3. By accepting the terms and conditions and/or using the services, you accept that we may send the alerts to your registered mobile phone number and/or registered email id. You acknowledge that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then you may not get / get after delay any alerts sent during such period.

4. Electronic alerts will be sent to the email address provided by you as your primary email address for the services. If your email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

5. We will make best efforts to provide the Service and it shall be deemed that you shall have received the information sent from us as an alert on your registered mobile phone number or email id and we shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold us liable for non-availability of the service in any manner whatsoever.

6. You acknowledge that the SMS service or email service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, you shall immediately inform us about the same. We will make best possible efforts to rectify the error as early as possible.

7. You further acknowledge that the clarity, readability and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert or for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert in any way whatsoever. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your user name and some information about your PAYSHAQ Accounts. Depending upon which alerts you select, information such as a PAYSHAQ Account balance or the due date for your bill payment may be included. Anyone with access to your email will be able to view the content of these alerts.

8. You agree to indemnify and hold us harmless and the SMS/email service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which we and the SMS/email service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of:

1. misuse, improper or fraudulent information provided by you, and/or

2. you providing incorrect number or providing a number that belongs to that of an unrelated third party.

9. You also agree to receive information regarding what we perceive to be of your interest based on your usage history via SMS, email & phone call. This includes offers, discounts and general information.

10. By accepting the terms and conditions you acknowledge and agree that PAYSHAQ may call the mobile phone number provided by you, while registering for the Service or to any such number replaced and informed by you, for the purpose of collecting feedback from you regarding the Services.

11. Grievances and claims related to Services should be reported to PAYSHAQ Care Team in the manner provided on the website.

18. OUR FEES

1. You understand that you may be charged a fee with respect to your use of the services. Further, we may also charge a fee with respect to certain optional value added services that you elect to use. The amount of the fee will be displayed to you on the payment page. You agree to pay all such fees and charges as may be applicable to the services you use and authorize us to add the fee to the amount of the bill payment you request or bill you separately for such fees. We agree and accept that reserve the right to change the fee structure from time to time.

19. DORMANT ACCOUNTS

1. If there is no activity in your PAYSHAQ Account (including access or payment transactions) for a period of six (6) months, we may close your PAYSHAQ Account.

20. PRIVACY

1. Your privacy is very important to us. Upon acceptance of these Terms and Conditions, you confirm that you have read, understood and accepted our Privacy Policy.

21. TERMINATION

1. Our Right: We reserve the right, without notice and in its sole discretion, to terminate your access to, and use of, of the services and to block or prevent your future access to, and use of, the services. Upon termination, you must uninstall any copies of the services from your computer and/or mobile or other devices. We will not be liable to you for the termination of the services or for any consequence arising out of termination of the services.

2. Your Right: You may terminate this Terms and Conditions by closing your PAYSHAQ Account at any time. Upon closure of a PAYSHAQ Account, any pending transactions will be cancelled.

3. Force Majeure: We will have to the option to suspend or terminate this Terms and Conditions and the services with immediate effect on the occurrence of a force majeure event.

22. EFFECT OF TERMINATION

1. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the services, or any termination or suspension of the services. Any termination of this Terms and Conditions does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us, and/or the Payment System Providers as provided in this Terms and Conditions.

23. DISCLAIMER

1. The services are provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

2. Without limiting the foregoing, we, Payment System Providers, and its processors, (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that the content is accurate, reliable, correct or error free; that the services will meet your requirements; that the services and the Payment System Providers' payment mechanism will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services is free of viruses or other harmful components; that the hyperlinks will function properly at all times; at any particular time, that information on the services will at all times or at any particular time be correct, complete or timely; or that all portions of the services are secure. We further make no warranty with regards to the products or services that are paid for with the services or the time or date in which scheduled payments are completed with the services.

3. Any content downloaded or otherwise obtained through the use of the services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download. No advice or information, whether oral or written, obtained by you from us or through the services will create any warranty not expressly stated herein.

4. We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to payment gateway; interruption or stoppage PAYSHAQ Sites; non-availability of connectivity links/hyperlinks.

5. Our sole obligation and your sole and exclusive remedy in the event of interruption in services or loss of use and/or access to services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.

6. The services are controlled and operated from and in Gambia. We make no representations that the services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable GAMBIAN laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You should not use the Service if you are a resident of a country embargoed by the Gambia, or are a foreign person or entity blocked or denied by the GAMBIAN government. Unless otherwise explicitly stated, all materials found on the services are solely directed to individuals, companies, or other entities located in Gambia.

24. INDEMNIFICATION

1. You agree to defend, indemnify and hold harmless PAYSHAQ, group company, Partner Bank, our independent contractors, Payment System Providers and our directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to

1. any actual or alleged breach of these Terms and Conditions or any other terms, policies or guidelines provided by us, Payment System Providers or Card Associations;

2. any actual or alleged violation of applicable laws or rules of any payment card association, network or company;

3. your wrongful or improper use of the services; or (d) your violation of the rights of any third party.

25. LIMITATION OF LIABILITY

1. In no event shall we, our directors, employees or agents, be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the services, including without limitation any damages caused by or resulting from reliance by you on any information obtained from us or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services.

2. In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use or inability to use the services exceed any fee, you pay to us, if any, to access or use the services. In addition, we shall not be liable for errors you make in using the Service, including the following:

1. you erroneously direct us to submit a payment instructions to a Merchant/Biller multiple times;

2. you direct us to submit the wrong amount to a Merchant/Biller;

3. you direct us to submit a payment instruction for a wrong Merchant/Biller; or

4. you provide us with incorrect or incomplete information.

Any of the above issue(s) needs to be taken up directly with the Merchant/Biller.

3. You understand and acknowledge that we do not have control of, or liability for, the goods or services that are paid for via the Service.

4. Your liability: Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of these Terms and Conditions or your negligence, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than us). You are liable for all payments that you make or which are made or requested under your PAYSHAQ Account, even if that payment is unauthorized.

5. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if you are dissatisfied with the services or any portion thereof, your exclusive remedy shall be to stop using the services.

26. GOVERNING LAW AND JURISDICTION

1. This Terms and Conditions will be governed by and construed in accordance with the laws of Gambia. You agree that any legal action or proceedings arising out of this Terms and Conditions may be brought exclusively in the competent courts/tribunals having jurisdiction in The Gambiaand irrevocably submit themselves to the jurisdiction of such courts / tribunals.

27. RIGHT TO AMEND OR MODIFY

1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the sites or services with or without notice. We may also change the services, including applicable fees, in our sole discretion. If you do not agree to the changes, you may stop using the services. Your use of the services, after implementation of the change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the services.

2. We may modify these Terms and Conditions from time to time. Any and all changes to this Terms and Conditions may be provided to you by electronic means (i.e., via email or by posting the information on the sites). In addition, the Terms and Conditions t will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Terms and Conditions when you use the services after those changes are posted.

28. THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES

1. We may display third party content or advertisements through the services and may provide links that will take you to web pages and content of third parties that are not under our control (collectively, "Third Party Content"). We make no representation, warranty, promise or guarantee whatsoever concerning any aspect of any Third Party Content, including without limitation regarding its accuracy or completeness. You agree that your use of all Third Party Content is entirely at your own risk. We provide Third Party Content solely as a convenience to you, and the provision of such a link is not an endorsement by us of any aspect of the Third Party Content. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. If you browse and interact on any other website, including those that have a link on our website, this will be subject to that website's own rules and policies.

29. ASSIGNMENT

1. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of this Terms and Conditions. We will provide an intimation of such assignment to you, which will be binding on the parties to these Terms and Conditions.

30. FORCE MAJEURE

1. We will not be liable for failure to perform under this Terms and Conditions as a result of any event of force majeure like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the Payment System Providers performance.

31. WAIVER

1. Unless otherwise expressly stated in this Terms and Conditions, the failure to exercise or delay in exercising a right or remedy under these Terms and Conditions will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms and Conditions will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

32. SURVIVAL OF PROVISIONS

1. The terms and provisions of these Terms and Conditions that by their nature and content are intended to survive the performance hereof by any or all parties hereto will so survive the completion and termination of this Terms and Conditions.

33. SEVERABILITY

1. If any provision of these Terms and Conditions is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of these Terms and Conditions unlawful or otherwise ineffective, the remainder of these Terms and Conditions will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.

34. NON-EXCLUSIVITY

1. It is agreed and clarified that this Terms and Conditions is on a non-exclusive basis and the Parties are at liberty to enter into similar terms and agreements with others.

35. NOTICES

1. All notices, requests, demands, waivers and other communications required or permitted to be given under these Terms and Conditions will be in writing to be sent to the following addresses:

For PAYSHAQ:

PAYSHAQ LLC

4701 Avia Circle, Apt 203

Richmond VA, 23233

support@payshaq.com

 

For you:

To the name and address provided at the time of registration.

Or, in each case, at such other address(es) as may be specified in writing to the other parties in accordance with the requirements of this clause. All such notices, requests, demands, waivers and other communications will be deemed duly given

• if by personal delivery, on the day after such delivery,

• if by certified or registered mail, on the second day after the mailing thereof,

• if by courier service or similar service, on the day delivered, or

• if emailed, on the day following the day on which such email was sent, provided that a copy is also sent by registered mail.