#Payless TERMS AND CONDITIONS

1. Introduction

This deed contains the terms and conditions of use and service for all #Payless services available on the #Payless website, mobile application, USSD channels, payment gateway, agency network and any other official digital or physical platforms operated by #Payless Solutions Limited (hereinafter referred to as “Terms and Conditions”).

These Terms and Conditions constitute a legally binding agreement between you and #Payless Solutions Limited (“#Payless”, “we”, “us” or “our”) and govern your access to and use of your #Payless Account and all services provided by #Payless.

By creating an account, accessing our platforms, or using any #Payless service, you expressly agree to be bound by these Terms and Conditions.

If you do not agree to these Terms and Conditions, you must not access or use the #Payless services.

You are encouraged to carefully read and understand these Terms and Conditions and seek clarification through our official communication channels before proceeding.

2. Definition of Terms

2.1 The term “You” refers to any individual or entity accessing or using the #Payless Website, Mobile Application, USSD, payment gateway, agency services, or any #Payless platform for any reason.

2.2 The terms “we”, “us”, and “#Payless” refer to #Payless Solutions Limited, its permitted assigns, affiliates, agents, partners, and authorized representatives acting on its behalf.

2.3 “Account” means a registered #Payless user account or wallet opened by a user to access and use #Payless services. The Account represents a record maintained by us of the E-Money balance held on your behalf.

2.4 “E-Money” means electronically stored monetary value issued upon receipt of funds and held in accordance with applicable laws and regulatory requirements.

2.5 “Personal Data” means any information relating to an identified or identifiable individual as defined under the Data Protection Act of Kenya, including but not limited to name, address, identification number, phone number, financial information, and location data.

2.6 “PIN” means your personal identification number or security credentials used to access and operate your #Payless Account.

2.7 “Transaction” means any deposit, withdrawal, transfer, payment, purchase, or movement of funds into or out of your #Payless Account.

2.8 These Terms apply in full force and effect to your use of the #Payless Account and services. By accessing or using any #Payless platform, you expressly accept all terms and conditions contained herein.

2.9 If you disagree with any part of this Agreement, you must not accept these Terms and Conditions and you shall not use the #Payless Account or services. For assistance, you may contact our customer care team via support@payless.africa or through official customer support channels.

2.10 These Terms and Conditions supersede and override any previously published versions.

2.11 These Terms and Conditions may be amended from time to time by posting a revised version on our website or official platforms. Continued use of the services after such revision constitutes acceptance of the updated Terms.

3. Our Relationship

3.1 #Payless is a Payment Service Provider that facilitates digital payments between users, merchants, and third parties. #Payless acts as an independent contractor and provides payment processing infrastructure.

#Payless does not manufacture, supply, or control the goods or services purchased using its platform and shall not be responsible for the quality, safety, legality, or delivery of such goods or services.

Where applicable, #Payless operates in compliance with Kenyan law and regulatory oversight, including applicable guidance issued by the Central Bank of Kenya.

4. Services

We offer electronic payment services including the facilitation, processing, routing, and settlement of payments to merchants and third parties via internet, mobile phone channels, USSD, point-of-sale devices, agency outlets, APIs, and payment gateway integrations.

#Payless may provide services in partnership with licensed financial institutions or payment processors. Our electronic payments platform, including integrations such as the “#Payless payment gateway”, enables businesses and individuals to accept and process payments securely.

We reserve the right to introduce, modify, suspend, or discontinue any service, feature, campaign, or product offering at our discretion, subject to applicable law.

5. Privacy

Protecting your privacy is important to #Payless.

We collect, process, and store Personal Data in accordance with the Data Protection Act of Kenya and applicable regulations.

Your Personal Data may be used for identity verification, transaction processing, fraud prevention, regulatory compliance, customer support, service improvement, and lawful marketing communications.

We do not sell your Personal Data.

You are encouraged to carefully review our Privacy Policy to understand how your information is collected, used, stored, and disclosed.

6. Consent for Marketing activities

You consent to the use of your data for customer support, transaction notifications, troubleshooting, compliance investigations, service updates, and promotional communications relating to #Payless and its affiliated services.

#Payless may contact you via phone calls, SMS, email, push notifications, or other electronic communication channels.

You may opt out of receiving marketing communications at any time through available opt-out mechanisms. However, you will continue to receive mandatory service-related and regulatory communications.

7. Notices to You

You consent to receive communications from #Payless electronically.

Electronic communications, including emails, SMS messages, push notifications, and in-app messages, will be deemed received within 24 hours of transmission unless proven otherwise.

It is your responsibility to ensure that your contact information remains accurate and up to date.

8. Calls recording

You agree to receive calls and SMS messages at the mobile phone number registered on your Account.

We may monitor or record telephone conversations between you and #Payless representatives for quality assurance, training, compliance, fraud prevention, dispute resolution, and security purposes.

We will not share your phone number with non-affiliated third parties for their independent marketing purposes without your consent, but may share it with affiliates, service providers, or regulators where necessary.

Not all calls may be recorded, and we do not guarantee retention of recordings for any specific period unless required by law.

9. Accounts

9.1 Eligibility

To open and operate a #Payless Account, you must be at least eighteen (18) years of age and legally capable of entering into a binding contract.

9.2 Opening a #Payless e-wallet account

You may open an Account electronically through the website, mobile application, USSD, authorized agents, or any other channels introduced by #Payless with notice.

9.3 Identity Authentication

You authorize #Payless to conduct identity verification directly or through third parties. This may include requesting additional information, verifying identification documents, confirming ownership of contact details, and checking third-party databases.

We may suspend, restrict, or close your Account if we are unable to verify your identity or if information provided is inaccurate or misleading.

9.4 Access Responsibility

Access to your Account is subject to compliance with these Terms and applicable laws.

9.5 Unauthorized access

You shall not use your Account to access the #Payless system unlawfully or interfere with its operation. Any illegal activity, unauthorized access, or unlawful transfer of funds may result in immediate suspension or termination of your Account and reporting to relevant authorities.

9.6 Password Security

You are solely responsible for maintaining the confidentiality of your PIN and security credentials. Any activity conducted using your credentials shall be deemed authorized by you unless reported immediately as unauthorized.

9.7 Dormant and Deceased persons accounts

If no transaction or login activity occurs for two (2) years, your Account may be classified as dormant. We will make reasonable efforts to notify you.

If inactivity continues for five (5) years, the Account may be treated as abandoned and funds transferred in accordance with applicable Kenyan law.

Upon notice of death, the Account will be temporarily suspended. Access shall be granted to duly appointed legal representatives upon presentation of valid court documentation. Once funds are withdrawn, the Account shall be closed.

10. Intellectual Property

All intellectual property rights in the #Payless website, mobile application, systems, content, software, trademarks, logos, and related materials are owned by or licensed to #Payless.

You are granted a limited, non-exclusive, non-transferable right to use the services strictly in accordance with these Terms.

No rights, title, or interest in our intellectual property are transferred to you.

11. Warranty Disclaimer

#Payless provides its website, mobile application, and services on an “as is” and “as available” basis.

While we implement reasonable security and operational safeguards, we do not guarantee uninterrupted, error-free, or continuous availability of the services.

Nothing on our platform constitutes professional advice. You use our services at your own risk, subject to applicable law.

12. Term and Termination

12.1 This Agreement commences upon your first use of the #Payless services or Account registration.

12.2 This Agreement may be terminated:

I. By you upon closing your Account;
II. If you enter liquidation or insolvency proceedings;
III. If a receiver is appointed over your assets;
IV. If you engage in fraud, dishonesty, or financial misconduct;
V. If you violate these Terms;
VI. If required by law or regulatory directive;
VII. If directed by the Central Bank of Kenya or other competent authority.

Obligations that by nature survive termination shall remain in effect.

13. Limitation of Liability

To the maximum extent permitted by law, #Payless shall not be liable for indirect, incidental, special, or consequential damages, including loss of revenue, profits, goodwill, data, or business opportunities.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnification

You agree to indemnify and hold #Payless harmless against any losses, damages, liabilities, claims, or expenses arising from your breach of these Terms, misuse of services, or violation of applicable law.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Kenya. The parties submit to the exclusive jurisdiction of the Kenyan courts.

16. General

16.1 Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

16.2 No waiver of any breach shall be deemed a waiver of subsequent breaches.

16.3 If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force.

16.4 These Terms apply exclusively to your access to and use of #Payless services and do not alter separate agreements you may have with #Payless.

16.5 This Agreement may be updated from time to time. Continued use of the services after such updates constitutes acceptance of the revised Terms.