Terms & Conditions
TUMAPAY REMITTANCE SERVICE AGREEMENT
Version 1 2023
This remittance services agreement ("agreement") sets forth the terms and conditions under which Tumapay will provide Tumapay remittance and related services to you. These terms and conditions affect your rights and you should read them carefully. by downloading, accessing and using the Tumapay application, you accept and agree to the terms and conditions in this agreement.
1.0 Definitions in this Agreement.
The words "you" and "your" refer to the person who downloads the Application and uses the Service.The words "Tumapay", "we" and "us" and "our" refer to Tumapay together with its employees, directors, successors, and assignees.
The word "Application" or "app" means the technology made available by Tumapay 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.
The word "Payment Account" means the debit or prepaid card account or bank account (or such other source of funds that Tumapay agrees to accept from time to time for use hereunder and that you authorise Tumapay to charge) that you provide to Tumapay for Tumapay 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 authorise Tumapay 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.
2. Scope of Agreement.
2.1 This Agreement applies only to the remittances that you request through the Application. We recommend you use the Service to send money to friends and family and, therefore,you should not use the Service to send money to strangers.
This Agreement is effective from the date on which you first access, register or use any of the
Services and will continue until terminated by us or you . The Agreement may change from time to time, but changes will only be effective from the date notified to you and will not change the terms on which you previously used the Services.
3. Registration Information
3.1 In order to use Tumapay, you must be at least 18 years old, be a resident of a country approved by Tumapay, have a Payment Account in your name in the approved origination country, and be registered with Tumapay. In order to register, you must download the Application and provide Tumapay 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 identity. 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. You further agree to update this information as reasonable or necessary to keep it complete and accurate at all times.
3.2 You may not be able to use the Services, or some aspects of the Services, if you are located in certain regions, countries, or jurisdictions. This restriction may also apply where you are temporarily accessing our services from those regions, countries or jurisdictions (for example if you are travelling).
3.3 You must not access, use or attempt to use the Portal to provide any Instructions unless you are at least 18 years old. Depending on the country in which you live, local laws may set a different age or impose additional rules on your ability to enter into an agreement with us and to use the Portal. If this is the case, it is your obligation to comply with the local laws which affect you.
3.4 You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any Instruction being conducted through the Portal.
3.5 When registering for and using the Portal, you must:
(a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;
(b) provide us with any identity documentation as may be requested by us;
(c) provide us with details of one or more accounts and/or Payment Instruments; and
(d) provide us with true, accurate, current and complete information as we indicate on our Website is required to use the Portal and any other information which may be required in relation to you, any Sender or any Payee.
3.6 You must take reasonable steps to keep the details you use to access the Portal safe and to prevent their fraudulent use. These steps include:
(a) disguising those details if you write them down and keeping them out of sight of third parties who should not have access to the Portal or (if applicable) your Digital Money Account.
(b) not sharing those details with anyone else, unless they are a Third Party Provider that you have authorised to give Payment Instructions on your behalf and/or to access your Digital Money Account, and they need those details in order to provide these services to you; and
(c) following any reasonable instructions which we give you or publish in our Portal or on our Website from time to time and which are intended to help you keep your use of our Services safe.
3.2 Your use of the Application is subject to our ability to verify your identity. You authorise Tumapay to obtain information about you from third parties (including financial institutions and credit reporting agencies), although Tumapay 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 Tumapay Remittance Facility 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 Tumapay 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 Tumapay immediately at email@example.com to change your password or disable your access to the Application.
4. Description of the Service.
4.1 You may use the Application only to send a Remittance to a Beneficiary located in a country where Tumapay provides payment service, as designated on the Application from time to time. Tumapay and Tumapay-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 Tumapay. Tumapay provides a remittance service only; the funds that you direct Tumapay to pay to your Beneficiary are not held by Tumapay as a deposit or in escrow, and Tumapay is not holding or processing your Remittance as a fiduciary. Tumapay'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 Tumapay's own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Tumapay's control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. Tumapay 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. Tumapay may delay payment of your Remittance to allow Tumapay to determine that your Remittance complies with applicable law, regulation or Tumapay policies. Tumapay has the right, without notice to you, to refuse to accept or pay any Remittance that Tumapay determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to help 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.
4.4 You must only use the Service to send a Remittance to people that you know personally, and not to pay for goods or services from third parties you do not know and trust. If you choose to pay third parties for goods and services using the Service, please note that Tumapay has no control over, and is not responsible for, the quality, safety, legality, or delivery of such third party goods or services, and that any such use of the Service is entirely at your own risk.
5. Authority to Charge Payment Account; Fees and Expenses.
5.1 In order to use the Service, you must use the Application to direct Tumapay to withdraw the principal value of the Remittance from your Payment Account, plus any applicable fees and charges; by requesting a Remittance, you authorise Tumapay to charge your Payment Account for the principal amount of the requested Remittance and applicable fees and charges, if any. You acknowledge that Tumapay has no obligation to process or complete a requested Remittance if Tumapay 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 Tumapay will disclose its fees and charges for providing the Service to you before you initiate a Remittance. Tumapay'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, Tumapay 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. Tumapay's foreign exchange rates change from time to time. In addition to the fees and charges you pay when sending a Remittance, Tumapay 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 Tumapay has processed your Remittance request, you will be responsible to Tumapay 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 USD 20 as a result of the return to Tumapay immediately upon demand. You authorise 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 Tumapay will pay the full principal amount of your Remittance to your Beneficiary in the currency Tumapay specifies to you when you initiate your Remittance, your Beneficiary may incur costs, fees or charges from their bank, mobile phone company, E-Wallet issuer or other parties 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.
6. Reliance by Tumapay.
Use care when inputting information about your Beneficiary; spell your Beneficiary’s name correctly and provide it in full, and verify that you have provided us with the Beneficiary’s correct phone number. You represent and warrant to us that all information you enter into the application or otherwise provide to Tumapay is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Remittance Payment, Tumapay may rely on the registration information and Remittance information that you provide, including information about your Beneficiary. You acknowledge that any errors in the information you provide, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.
7. Execution of a Remittance.
The Tumapay Remittance Facility Application is generally available 24 hours a day, seven days a week, 365 days a year. In most cases, your Beneficiary is paid without delay through the Tumapay mobile application; accordingly, once you originate a Remittance, you may be unable to stop or to change it.While most transactions are paid or made available to your Beneficiary within minutes, if Tumapay becomes aware that delivery to your Beneficiary is delayed, Tumapay will contact you as soon as practicable and keep you informed about the delay.
8. Payment of Funds to Beneficiary
8.1 Tumapay and/or Tumapay designated service providers will arrange for the payment of the Remittance to your Beneficiary. Tumapay reserves the right to select the form of payment to the Beneficiary. Tumapay and/or Tumapay designated service providers will use reasonable efforts to provide payment in a form requested, but the Tumapay 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, 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 Tumapay 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 at Tumapay's option.
8.2 Tumapay reserves the right to establish identification and verification requirements for a Beneficiary to receive a Remittance. Tumapay 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. Tumapay has the right to decline to pay the Beneficiary if Tumapay cannot verify the identity of the Beneficiary or if Tumapay believes that you or your Beneficiary may be in violation of this Agreement or any applicable law, regulation or Tumapay policy. Although Tumapay has the right to establish identification and verification requirements, and the Beneficiary's failure to comply with them is a basis for declining payment of the Remittance, Tumapay has no obligation to establish any such requirements.
9. 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 Tumapay from time to time.
9.2 If a currency conversion is required, Tumapay and/or Tumapay-designated service providers will convert the currency in which you initiate your Remittance into the local currency at the Tumapay exchange rate for your Remittance in effect at the time you initiate your Remittance. Tumapay will disclose the exchange rate to you before you authorise the Remittance. Tumapay'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, Tumapay makes money when your currency is converted into the currency in which your Remittance is paid.
10. 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;
- induced by or involving the proceeds of crime, fraud or other improper activity;
- exceeding Tumapay's transaction limits (whether in amount, frequency or otherwise);
- sent for the purpose of gambling, including placing bets or paying winnings;
- intended to be used as an escrow or similar capacity for delayed payment;
- which Tumapay 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 an agent for, another person. You will provide information and/or documentation that Tumapay may request from time to time in order for Tumapay to comply with any applicable laws, including anti-money laundering laws. Tumapay may refuse payment of any Remittance which Tumapay determines in its sole discretion does not comply with applicable law, Tumapay policy or the terms of this Agreement.
11. Rejection of Remittance Payment Request.
11.1 Tumapay 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, Tumapay may suspend, delay or reject your Remittance Payment request if:
- The value of one or more of your Remittance requests exceed any limits established by Tumapay;
- Tumapay is unable to charge your Payment Account for the principal amount of the remittance and related fees and charges;
- your Remittance request is incomplete or unclear;
- Tumapay is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary;
- Tumapay suspects fraud or irregularity or illegality;
- 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 Tumapay to help detect and prevent illegal activity;
- in the case of a Money Transfer or a payment out of the Digital Money Account, the beneficiary has not yet set up their account to receive payment, or has not registered with us to use our services, or the terms of the Payee's account prevent completion of the Transaction, or the Payee's account is unable to receive payment in the form in which we make payment;
- Tumapay and/or Tumapay-designated service providers are unable to fulfil your request for any reason.
11.2 If your request for a Remittance is declined for any reason, Tumapay 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 declined or rejected, Tumapay 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 Tumapay to hold your Remittance or to pay it to another party (including a government agency). If that happens, Tumapay will inform you, if we are permitted to do so by applicable law.
12. Limitation of Liability.
Tumapay is not responsible for any delay, failure to execute, or an error in the execution of your Remittance request due to circumstances beyond Tumapay's reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances, or incorrect or incomplete information provided by you. You further agree that Tumapay 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 Tumapay be liable for damages, whether caused by the negligence of Tumapay's employees, contractors, agents or others, beyond the sum of one thousand united states dollars (usd 1,000.00), in addition to refunding the principal amount of the Remittance and any fees and costs you may have paid to Tumapay to send it. You may also be entitled to your attorneys’ fees and the costs of pursuing the dispute.
Notwithstanding the prior paragraph, you may contact Tumapay before you send your Remittance to request our written agreement to a higher limit on liability for a Remittance, which we may provide at our sole and absolute discretion. Tumapay may charge you for any such higher limit on liability.
Under no circumstances will Tumapay 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. Tumapay makes no warranties, express or implied with respect to the application or the service. tumapay 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 non infringement 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.
13. Error Resolution and Cancellation Policy
For error resolution, transaction cancellation, questions, complaints or a written explanation of your rights, contact us at support@Tumapay.com
Because Tumapay credits Remittances to Beneficiaries immediately, your remittance is 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 it at support@Tumapay.com and we will attempt to recall it. If your Remittance has not yet been credited to your Beneficiary’s account, we will refund it to you (including all fees, if any) within three (3) business days. However, if the Remittance has already been credited to your Beneficiary's account we will make reasonable efforts to reverse or retrieve it, but we may be unable to do so.
If you notify us that the account number, telephone number, Beneficiary name or other information that you provided to us when you initiated your Remittance was incorrect, we will promptly use reasonable efforts to recover the amount of your Remittance, but we may be unable to do so if your Remittance has already been paid or credited in accordance with the information you provided.
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 at support@Tumapay.com within 180 days after you sent your Remittance, and provide your name, contact information, the Beneficiary's name, the date of your transfer, as well as the reason you believe there has been an error. Tumapay will investigate and determine whether an error occurred, and we will complete the investigation within ninety (90) days. We will inform you of the investigation results within three (3) business days after the investigation is completed. You may request copies of any documents we used in our investigation. If Tumapay was at fault, we will refund the total amount you paid, including fees, if any, within one business day, or as soon as reasonably practicable.
Tumapay will pay all refunds (whether resulting from a cancelled or disputed Remittance) either by a credit to your Payment Account or by check payment, at Tumapay's option. Alternatively, you can choose to have Tumapay process the Remittance again for no additional charge. However, if Tumapay has not charged your Payment Account, but an authorization hold for the amount to be charged by Tumapay has been placed on the funds at your bank, Tumapay will cancel the transaction and request that the authorization hold at your bank is released. This process can take several days; that timing depends on the relationship between your bank and our payment processor, over which we have no control.
Except for our obligation to investigate and refund described above, Tumapay is not liable to you for any loss resulting from Tumapay's inability to cancel or refund a Remittance.
14. Arbitration of Disputes.
This Agreement, and our communications with you prior to you entering into this Agreement, will be governed by Kenyan law courts and will have jurisdiction over any disputes arising.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.
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 provincial Arbitration Act. Where allowed, neither party shall have the right to participate in any class of claimants pertaining to any claim and Third parties' claims shall not be joined in any arbitration between Tumapay and you. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgment 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 divided equally between the parties.
15. 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, Tumapay 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 Tumapay will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. Tumapay 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 an Android device or iPhone or any other device approved by Tumapay. You agree that if you remove your consent to receive electronic communications, Tumapay will terminate your use of the Application and Service.
16. General Terms.
This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and Tumapay concerning the Application and the Service. It supersedes all prior agreements and may not be modified orally. Tumapay 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. Tumapay and any of its subsidiaries and affiliates, 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.
17. Governing Law.
This Agreement, and our communications with you prior to you entering into this Agreement, will be governed by Kenyan law the following courts will have jurisdiction over any disputes arising: