1. Introduction

This deed contains the terms and conditions of use and service for all the #Payless services on the relevant platforms including the #Payless website and the digital application. (Hereinafter referred to as “Terms and Conditions”). It is a contract between you and #Payless and the terms and conditions therein shall govern your use of the #Payless account and all the services thereto. Prior to agreeing to be strictly bound by these terms and conditions, you are mandatorily required to carefully read and understand the subject provisions and if possible, to seek any desired clarifications via the channels of communication provided by the #Payless team.

2. Definition of Terms

2.1 The term “You” refers to all individuals and/or entities accessing the #Payless Website/ Mobile Application/ #Payless accounts for any reason.

2.2 The terms “we” and “#Payless” are used interchangeably and refer to #Payless Solutions Limited, its permitted assigns and agents and all individuals and/or entities acting directly on behalf of transactions for #Payless.

2.3 “Account” means a #Payless user account opened by a user of any of the #Payless services. The Account shall be a record maintained by us of the amount of E-Money from time to time held by You.

2.4 “E-money” means the electronic monetary value depicted in the #Payless account representing an equal amount of Cash held by the subject Trustee;

2.5 “Personal data” means personal identifiable data as prescribed in the Data Protection Act which includes but is not limited to name, address, phone number, identification number and location data;

2.6 “PIN” means the personal identification number being the password chosen to access and operate the #Payless account;

2.7 “Transaction” means the movement of money in to, or out of the #Payless account.

2.8 These Terms apply in full force and effect to your use of the #Payless Account and #Payless services and by using this #Payless website or any of its online platforms, you expressly accept all terms and conditions contained herein in full.

2.9 If you disagree with the contents of this agreement, you should not accept the terms and conditions set in this agreement and as a consequence, you shall be unable to use the #Payless account and #Payless, or have any other concern, please email our customer care team on support@payless.africa or call us on the following telephone number +254711 082 339

2.10 These terms incorporated by reference in this Agreement override any terms or conditions previously published by #Payless.

2.11 This terms and conditions may be amended at any time by posting a revised version on our website. The revised version will be effective at the time of posting.

3. Our Relationship

3.1 #Payless is a Payment Service Provider that helps you to make payments to third parties. #Payless is an independent contractor for all intent and purposes and does not have control of, or liability for the products and services that are paid for with the #Payless service providers.

4. Services

we offer electronic payment services provision by way of facilitating payments due to Merchants, processing and routing the payments over the Internet, or on mobile phone and on physical agency points. We have an electronic payments platform in partnership with Jambopay limited, known as the “#Payless payment gateway- powered-by Jambopay” (hereinafter referred to as “payment Gateway”) which facilitates payments due to its various clients by processing and routing payments over the internet, points of sale and/or on mobile phone channels.

5. Privacy

Protecting your privacy is very important to #Payless. You are encouraged to mandatorily and carefully read our privacy policy to understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

6. Consent for Marketing activities

You hereby consent to the use of your data for purposes of customer support, notices on your transactions, for troubleshooting purposes, for investigative purposes, for targeted marketing for #Payless and its affiliates, service update notices, and promotional offers. #Payless may contact you on your telephone number, through calls, text messages (SMS) or e-mail messaging as a #Payless account holder/ #Payless wallet subscriber to cross sell #Payless services, other #Payless affiliated services and services incidental to your subscription.

7. Notices to You

You expressly consent to have #Payless send communications regarding your #Payless account and #Payless services electronically. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to your website or email/SMS it you.

8. Calls recording

You agree to receive calls and SMS at the mobile phone number (registered during account opening). We shall not share your phone number with non- affiliated third parties for their purposes without your consent, but may share your phone numbers with our affiliates or with our service providers. You understand and agree that #Payless may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with #Payless or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with #Payless may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by #Payless, and #Payless does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

9. Accounts

9.1. Eligibility
To open a #Payless Account or to use #Payless Services, you should be at least eighteen (18) years old.

9.2. Opening a #Payless e-wallet account
You may open an account electronically through the Web, back-office Channels (agent assistant), Mobile Application or USSD Code and others to be introduced with notice.

9.3.Identity Authentication
You authorize #Payless, directly, through third parties or otherwise to make any necessary inquiries to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address/phone number or financial instruments or verifying your information against third party databases or through other sources. #Payless reserves the right to close, suspend, or limit access to your account and/or the #Payless services in the event we are unable to obtain or verify this information.

9.4. Access Responsibility
You have full and unfettered access to your account subject to compliance to this agreement.

9.5. Unauthorized access
You shall not use the access to your account to illegally access the #Payless system or any other person access and such unauthorized access shall mandate suspension of your account. Further to this, any illegal transfer of money to your E-wallet shall mandate immediate suspension of your account.

9.6. Password Security
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the #Payless Services.

9.7. Dormant and Deceased persons accounts
If you fail to initiate any transactions or log in to your account for a period of two (2) years, #Payless shall presume your account dormant. #Payless shall make efforts to communicate to you to activate your account. Should you fail to initiate any log in into your account for a period of five (5) years your account shall be declared abandoned and any funds therein shall be transferred to the Unclaimed Financial Assets Authority or as the law shall provide. Upon notice of your demise, your account shall be temporarily suspended to prevent transactions from your account. Access shall be granted upon production of Grants of Probate or Letters of Administration or to your legal representatives duly appointed by a court of competent jurisdiction. Once all funds in a deceased persons account are withdrawn by a legal representative the account shall be closed.

10. Intellectual Property

Subject to the express provisions of these terms and conditions:

I. #Payless owns and control all the copyright and other intellectual property rights on this site and the related material in it.

II. All the copyright and other intellectual property rights and the material on the website or #Payless services are reserved.

III. We do not grant you any right, license, title or interest to any of our intellectual property rights which you may or may not have access to.

IV. All the content, trademarks and data on this site, including but not limited to, software, databases, text, graphics, icon, hyperlinks, private information, designs and agreements, are the property of, or are licensed to #Payless and as such are protected from infringement by the local and international legislation and treaties.

11. Warranty Disclaimer

11.1 #Payless will always ensure that the website is available at all times and bug free. However, it is used at your own risk.

11.2 This website/ mobile application/#Payless services is provided “as is” without any representations or warranties, express or implied. #Payless makes no representations or warranties in relation to this website/mobile application/#Payless services or the information and materials provided therein.

11.3 Without prejudice to the generality of the foregoing paragraph, #Payless does not warrant that: this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, professional advice of any kind. If you require advice on any matter, you should consult an appropriate professional.

11.4 Your use of our services is at your own risk and you alone will be responsible for any damage that results in loss of data or damage to your computer system. No advice or information, whether oral or written obtained by you from our website or our services will create any warranty or condition not expressly stated.

12. Term and Termination

12.1 This Agreement shall commence from the date of use of the #Payless website/#Payless Services and account opening.

12.2 This Agreement shall terminate immediately upon any of the following circumstances:

I. If you close your account;
II. If you go into liquidation either compulsory or voluntary or if a receiver is appointed in respect of all or any of your assets;
III. If any event equivalent to the above occurs and affects you;
IV. You are guilty of a criminal offence involving fraud, dishonesty or other financial impropriety;
V. You are being dissolved or wound up through court or otherwise;
VI. You violate any provision of the regulations as may, in the opinion of #Payless, warrant termination of the agreement;
VII. For the avoidance of doubt, termination of this Agreement may also be initiated by the Central Bank of Kenya.

12.3 Subject to the above, obligations related to your account may supersede termination date.

13. Limitation of Liability

#Payless will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this agreement/website/#Payless service:
I. To the extent that the website is provided free-of-charge,
II. For any direct loss; For any indirect, special or consequential loss; or
III. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

14. Indemnification

You hereby indemnify #Payless and undertake to keep #Payless indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you of any provision of this agreement, or arising out of any claim that you have breached any provision of this agreement.

15. Governing Law

This Agreement will be governed by, and construed in accordance with the Laws of Kenya and the parties irrevocably submit to the exclusive jurisdiction of the Kenyan Courts.

16. General

16.1) Nothing in this Agreement shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between us.
16.2) No waiver of any breach of this Agreement shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Agreement.
16.3) If a provision of these agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.4) If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect.
16.5) These terms apply exclusively to your access to, and use of, this website/#Payless services and does not alter in any way, the terms or conditions of any other agreement you may have with #Payless for products, services or otherwise.
16.6) This agreement may be changed without notice. Your continued use of this website or #Payless Account or #Payless services after any such changes constitute your acceptance of the new terms and conditions.

#Payless SOLUTIONS LIMITED
P.O BOX 38532-00623, PARKLANDS,
LEMAC BUILDING, 23RD FLOOR, CHURCH ROAD,
WESTALNDS, NAIROBI
www.payless.africa
support@payless.africa