REMITTANCE SERVICES AGREEMENT
THIS REMITTANCE SERVICES AGREEMENT (“AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH EASTPESA WILL PROVIDE REMITTANCE AND RELATED SERVICES TO YOU. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY REGISTERING, DOWNLOADING, ACCESSING AND USING THE EASTPESA SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.
- Definitions in this Agreement.
The words “you” and “your” refer to the person who registers and uses the Service.
The words “Eastpesa”, “we” and “us” and “our” refer to Eastpesa UK Limited, a UK company, which provides the Service under the trade name Eastpesa, or through Eastpesa’s subsidiaries including Eastpesa UK Limited, an authorised payment institution in the UK, along with any of its other subsidiaries and affiliates.
The word “Application” or “app” means the technology made available by Eastpesa to you on your mobile phone or other electronic device by which you may access and use the Service.
The word “Beneficiary” means the person to whom you send money.
The word “E-Wallet” means the stored value account into which your Remittance may be paid to your Beneficiary, generally accessible on your Beneficiary’s mobile phone or bank account.
The word “Payment Account” means the debit or prepaid card account, mobile money account or bank account (or such other source of funds that Eastpesa agrees to accept from time to time for use hereunder and that you authorize Eastpesa to charge) that you provide to Eastpesa for Eastpesa to charge for payment for your use of the Application. The Payment Account must be issued or held in your name at a depository institution in your country.
The word “Remittance” means the transfer of funds that you request and authorize Eastpesa to process through the Application for payment to your Beneficiary.
The word “Service” means the transfer of funds from you to your Beneficiary through the Application, and activities related to that transfer.
- Scope of Agreement.
2.1 This Agreement applies only to the Remittances that you request through the Application.
- Registration Information
3.1 In order to use the Eastpesa Remittance Facility Application, you must be at least 18 years old, be a resident of the East Africa, the UK or another origination country approved by Eastpesa, have a Payment Account in your name in the approved origination country, and be registered with Eastpesa. In order to register, you must register on the Application and provide Eastpesa with information about yourself, such as your name, address, date of birth, telephone number, email address and other information or documentation that will allow us to verify your identify. The home address that you provide when registering must be the same as the billing address for your debit card or prepaid card. You agree to provide complete and accurate information and/or documentation in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.
3.2 Your use of the Application is subject to our ability to verify your identity. You authorize Eastpesa to obtain information about you from third parties (including financial institutions and credit reporting agencies), although Eastpesa has no obligation to do so. If you do not provide accurate and complete information during registration or when requesting a Remittance, we have the right to prohibit you from using the Service or the Application or to stop your requested Remittance. Inaccurate and/or incomplete information provided by you during registration or when requesting a Remittance may cause errors in your requested Remittance, or may delay or restrict your access to the Application or the Service.
3.3 Each time you access the Eastpesa Application, you shall be deemed to have confirmed the accuracy and completeness of all of your registration information.
3.4 Your registration is personal to you. You should not allow your registration details to be used by anyone else. Registration with Eastpesa allows your Payment Account to be accessed through the Application. If you lose your phone or believe your access to the Application has been compromised, you should contact Eastpesa immediately at support@Eastpesa.com to change your password or disable your access to the Application.
- Description of the Service.
4.1 You may use the Application only to send a Remittance to a Beneficiary located in a country where Eastpesa provides payment service, as designated on the Application from time to time. Eastpesa and Eastpesa-designated service providers will process the remittance and make funds available for receipt by the Beneficiary as described below.
4.2 Your use of the Application or the Service does not constitute or create a fiduciary or escrow capacity between you and Eastpesa. Eastpesa provides a remittance service only; the funds that you direct Eastpesa to pay to your Beneficiary are not held by Eastpesa as a deposit or in escrow, and Eastpesa is not holding or processing your Remittance as a fiduciary. Eastpesa’s only obligation is to pay your Remittance to your Beneficiary or to return the principal amount of the Remittance to you.
4.3 The Service is generally available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or to your Beneficiary. Periods of unavailability may be caused by Eastpesa’s own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Eastpesa’s control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. Eastpesa may from time to time set limits on the value of Remittances you may send (both individually and over a period of time), as well as the value of Remittances any Beneficiary may receive. Eastpesa may delay payment of your Remittance to allow Eastpesa to determine that your Remittance complies with applicable law, regulation or Eastpesa policies. Eastpesa has the right, without notice to you, to refuse to accept or pay any Remittance that Eastpesa determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to support detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Remittance and then determine that it may violate any such law, regulation or policy, we may hold the Remittance until such time that the matter is resolved.
- Authority to Charge Payment Account; Fees and Expenses.
5.1 In order to use the Service, you must use the Application to direct Eastpesa to withdraw the principal value of the Remittance from your Payment Account, plus any applicable fees and charges; by requesting a Remittance, you authorize Eastpesa to charge your Payment Account for the principal amount of the requested Remittance and applicable fees and charges, if any. You acknowledge that Eastpesa has no obligation to process or complete a requested Remittance if Eastpesa is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Remittance and all applicable fees and charges.
5.2 Eastpesa will disclose its fees and charges for providing the Service to you before you initiate a Remittance. Eastpesa’s fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your Remittance, your type of Payment Account, your location, and the location of your Beneficiary. In addition to the fees and charges, Eastpesa will also show you the foreign exchange rate (that is, the rate at which your funds will be converted into the currency to be paid to your Beneficiary) applicable to your Remittance before you send it. Eastpesa’s foreign exchange rates change from time to time. In addition to the fees and charges you pay when sending a Remittance, Eastpesa makes money when we convert the currency you send into the currency we pay to your Beneficiary.
5.3 If the charge to your Payment Account is returned, charged-back or canceled for any reason after Eastpesa has processed your Remittance request, you will be responsible to Eastpesa for the principal amount of the Remittance and all associated fees and charges. You agree to pay such amounts, plus any applicable additional service fee and/or a non- sufficient funds (NSF) fee of $20 USD as a result of the return to Eastpesa immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts. You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your debit card when you use such a card for a Remittance. You should review your card agreement regarding such potential fees.
5.4 Although Eastpesa will pay the full principal amount of your Transaction to your Beneficiary in the currency Eastpesa specifies to you when you initiate your Remittance, your Beneficiary may incur costs, fees or charges from his or her bank, mobile phone company, E-Wallet issuer or other party to maintain or withdraw the funds. Furthermore, your Beneficiary’s ability to use or withdraw the funds you send may be limited by the terms of your Beneficiary’s E-Wallet issuer.
- Reliance by Eastpesa.
You represent and warrant that all information you enter into the Application or otherwise provide to Eastpesa is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Remittance Payment, Eastpesa may rely on the registration information and Remittance information that you provide. You acknowledge that any errors in the information, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility and that Eastpesa shall have no liability for executing a Remittance based upon the inaccurate or incomplete information you provided or entered.
- Execution of a Remittance.
The Eastpesa Application is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, your Beneficiary is paid instantly through the Eastpesa application; accordingly, once you originate a Remittance and transaction status changes from pending to any other status, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered instantly to the Beneficiary, we will contact you and keep you informed about the delay.
- Payment of Funds to Beneficiary
8.1 Eastpesa and/or Eastpesa designated service providers will arrange for the payment of the Remittance to your Beneficiary. Eastpesa reserves the right to select the form of payment to the Beneficiary. Eastpesa and/or Eastpesa designated service providers will use reasonable efforts to provide payment in a form requested, but the Eastpesa Application is not obligated to provide payment options for a specific Payment. Depending on the situation and the availability of various payment options, payment may be made by means of a credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account or by some other payment instrument. Not all payment methods are available in all countries, and Eastpesa reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Remittance Payment funds may be returned to you either by a credit to your Payment Account or by check, at Eastpesa’s option.
8.2 Eastpesa reserves the right to establish identification and verification requirements for a Beneficiary to receive a Remittance. Eastpesa may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Remittance, when paying the Beneficiary. Eastpesa has the right to decline to pay the Beneficiary if Eastpesa cannot verify the identity of the Beneficiary or if Eastpesa believes that you or your Beneficiary may be in violation of this Agreement or any applicable law, regulation or Eastpesa policy. Although Eastpesa has the right to establish identification and verification requirements, and the Beneficiary’s failure to comply with them is a basis to decline payment of the Remittance, Eastpesa has no obligation to establish any such requirements.
- Foreign Exchange
9.1 Payments to Beneficiaries are generally made in the currency of the Beneficiary’s country. If permitted by applicable law and the Application, you may request your Remittance to be paid in another currency approved and made available by Eastpesa from time to time.
9.2 If a currency conversion is required, Eastpesa and/or Eastpesa-designated service providers will convert the currency in which you initiate your Remittance into the local currency at the Eastpesa exchange rate for your Remittance in effect at the time you initiate your Remittance. Eastpesa will disclose the exchange rate to you before you authorize the Remittance. Eastpesa’s exchange rates vary from time to time, and may also differ depending on the principal value of your Remittance and other factors. In addition to the fees and charges applicable to your Remittance, Eastpesa makes money when your currency is converted into the currency in which your Remittance is paid.
- Permissible Remittance Payments.
The Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation. Specifically and without limitation, you may not use the Service for any Remittance (a) induced by or involving the proceeds of crime, fraud or other improper activity; (b) exceeding Eastpesa’s transaction limits (whether in amount, frequency or otherwise); (c) sent for the purpose of gambling, including placing bets or paying winnings; (d) intended to be used as an escrow or similar capacity for delayed payment; (e) which Eastpesa determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money- laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls. You agree that you will only request a Remittance that complies with this Agreement, applicable origination country laws and applicable laws in the country of the Beneficiary. You may only use the Application to send Remittances on your own behalf. You may not resell the Application or use the Application to make Remittances on behalf of, or as agent for, another person. You will provide information and/or documentation that Eastpesa may request from time to time in order for Eastpesa to comply with any applicable laws, including anti-money laundering laws. Eastpesa may refuse payment of any Remittance which Eastpesa determines in its sole discretion does not comply with applicable law, Eastpesa policy or the terms of this Agreement.
- Rejection of Remittance Payment Request.
11.1 Eastpesa has the right to reject your request for a Remittance, or to decline to complete a request for a Remittance, or to impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, Eastpesa may suspend, delay or reject your Remittance Payment request if:
(a) the value of one or more of your Remittance requests exceed any limits established by Eastpesa;
(b) Eastpesa is unable to charge your Payment Account for the principal amount of the Remittance and related fees and charges;
(c) your Remittance request is incomplete or unclear;
(d) Eastpesa is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary;
(e) Eastpesa suspects fraud or irregularity or illegality;
(f) your name or the name of your Beneficiary is a possible match to a name on one or more applicable “watch lists” maintained by governments, inter-governmental groups or Eastpesa to support detect and prevent illegal activity;
(g) Eastpesa and/or Eastpesa-designated service providers are unable to fulfill your request for any reason.
11.2 If your request for a Remittance is declined for any reason, Eastpesa will notify you by an SMS / text message or electronic mail, or by any other reasonable means of notice.
11.3 Generally, if your request for a Remittance is rejected, Eastpesa will return the principal amount of your Remittance to your Payment Account, if it has already been withdrawn; there may be circumstances, however, where the law requires Eastpesa to hold your Remittance or to pay it to another party (including a government agency). If that happens, Eastpesa will inform you, if we are permitted to do so by applicable law. Eastpesa has the right retain any authorized fees and charges it may have imposed in connection with the requested Remittance, even if Eastpesa declines to pay it.
- Returns Due To Your Mistake.
If Eastpesa is unable to complete payment of the Remittance to your Beneficiary because you provided incorrect information about the Beneficiary, such as an incorrect telephone number, an incorrect or misspelled name, the wrong bank or bank account or any other misinformation, you will be liable for any costs, fees, expenses and losses that Eastpesa incurs in returning the Remittance to you, such as processing costs, losses arising due to exchange rate fluctuations and third party service charges.
- Limitation of Liability.
Eastpesa shall not be responsible for any delay, failure to execute, or an error in the execution of your Remittance request due to circumstances beyond Eastpesa’s reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances. You further agree that that Eastpesa may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system.
Under no circumstances will Eastpesa be liable for damages, whether caused by the negligence of Eastpesa’s employees, contractors, agents or others, beyond the sum of ONE THOUSAND UNITED STATES DOLLARS (US$1,000.00), in addition to refunding the principal amount of the Remittance and any fees and costs you may have paid to Eastpesa to send it, unless you have contacted Eastpesa before you send your Remittance and have obtained our written agreement to a higher limit on liability. If we agree to a higher limit on liability, we may charge you for it. Under no circumstances will Eastpesa be liable for any incidental, indirect, special, punitive or consequential damages or the like.
THE APPLICATION AND SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EASTPESA MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE APPLICATION OR THE SERVICE. EASTPESA DOES NOT WARRANT THE FUNCTIONALITY OF THE APPLICATION OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON- FUNCTIONALITY OF THE APPLICATION AND THE SERVICE, OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION OR THE SERVICE.
- Error Resolution and Cancellation Policy
For error resolution, transaction cancellation, questions, complaints or a written explanation of your rights, contact us at support@Eastpesa.com.
Because Eastpesa credits Remittances to Beneficiaries immediately, your Remittances are typically not cancellable or refundable. If you believe that you sent a Remittance in error, you must contact us within thirty (30) minutes after you initiated the Remittance at support@Eastpesa.com and we will attempt to recall the Remittance, but we may be unable to do so if the Remittance has already been credited to your Beneficiary’s account or if your Beneficiary has already withdrawn or moved the funds; if Eastpesa is unable to recall your remittance, Eastpesa will have no liability to you.
You have a right to dispute errors in your transaction. There is no charge for this service. If you think there is an error, contact us within 180 days and provide your name, contact information, the beneficiary’s name, date of transfer, as well as the reason you believe there has been an error. Eastpesa will determine whether an error occurred and will reply to you within 8 weeks (60 days). If Eastpesa was at fault, you will be entitled to a refund or to have the Remittance re-sent free of charge. If no error occurred or Eastpesa was not at fault, you will receive a written notice including the information that Eastpesa relied on to make that determination.
Eastpesa shall not be liable to you for any loss resulting from Eastpesa’s inability to cancel or refund a Remittance Payment. If Eastpesa refunds Remittance Payment funds to you, these funds may be returned to you either by a credit to your Payment Account, Eastpesa account or by check payment, at Eastpesa’s option.
In consideration of our agreement to provide you with the Application and Service, you agree to indemnify and hold Eastpesa harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses – including reasonable attorney’s fees – in connection with or arising out of (i) your use of the Application or the Service, (ii) your breach of this Agreement, or (iii) Eastpesa acting upon your request for a Remittance. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Eastpesa for any losses caused due to any inaccurate, non- current or incomplete information that you provided to Eastpesa and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs, passwords, or due to any unauthorized use of your ID and/or password.
- Arbitration of Disputes.
Where allowed, any dispute or claim arising from or relating to this Agreement, any Remittance or the Service, including disputes involving this provision about the resolution of disputes, will be settled by binding arbitration.
For Remittances originated in the United States, all disputes will be settled by binding arbitration administered by the National Arbitration Forum (“NAF”) under its Code of Procedure in effect when the dispute is filed, and shall be arbitrated in the most populous city in the state where the Remittance was sent. Each party will pay for its own attorneys, experts and witnesses. Neither party shall have the right to participate in any class of claimants pertaining to any claim. Third parties’ claims shall not be joined in any arbitration between Eastpesa and you. Information about NAF may be obtained, and disputes may be filed, at a NAF office; for further information, see www.arbitration- forum.com, or contact NAF at P.O. Box 50191, Minneapolis, MN 55405. This Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1016. Except as expressly provided in this paragraph, the parties waive all rights to a court or jury trial to resolve disputes or claims arising from or relating to this Agreement, any Remittance, or the Service.
For Remittances originated in Canada, all disputes will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be held in the most populous city in the province where the Remittance was sent. The arbitration shall proceed in accordance with the provisions of the applicable provincal Arbitration Act. Where allowed neither party shall have the right to participate in any class of claimants pertaining to any claim and Third partis’ claims shall not be joined in any arbitration between Eastpesa and you. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will pay for its own attorneys, experts and witnesses. The costs of the arbitrator(s) shall be d ivided equally between the parties.
- Electronic Communications
In order to use the Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Application and Service by means of electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, Eastpesa will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Application, or Eastpesa will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. Eastpesa will make available to you a record of each of your Remittances electronically on the Application. In order to use the Application, you must have a Android device or iPhone or any other device approved by Eastpesa. You agree that if you remove your consent to receive electronic communications, Eastpesa will terminate your use of the Application and Service.
- General Terms.
This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and Eastpesa concerning the Application and the Service. It supersedes all prior agreements, and may not be modified orally. Eastpesa may modify, supplement, alter and amend this Agreement at any time, and you will be deemed to have agreed to any such changes if you continue to use the Application after you have been notified of any such changes. As used in this Agreement, Eastpesa includes all of the subsidiaries and affiliates of Blue ICT Solutions., and any of them, along with the banks, telephone service providers and others we have engaged to assist us, may participate in the provision of the Service. We may assign this Agreement or delegate our obligations under it, in whole or in part, without notice to you and without your consent. If any portion of this Agreement is determined to be invalid, the remaining provisions will nevertheless be enforceable.
- Governing Law.
If you are sending from the UK, the service is provided by Eastpesa UK Limited, and is subject to the laws of England, without regard to its ‘conflicts of laws’ rules which might
If you are sending money from a different country, you may have other rights under the laws of that country.
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