TERMS AND CONDITIONS | Liberpay - Making payments simple

USER TERMS AND CONDITIONS

Last update : 13 April 2020

Please read and fully understand the terms and conditions outlined below. This user agreement is a contract between you and LiberPay, governing your use of your LiberPay account and the LiberPay services. If you are an individual, you must be a citizen/resident of one of the countries/regions where our services are offered and at least 18 years old, or the age of majority in your country/region of residence to open a LiberPay account and use the LiberPay services. If you are a business, the business must be registered in, operating in, or a resident of one of the countries/regions that our products or services are offered to open a LiberPay account and use the LiberPay services.

By opening and using a LiberPay account, you agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you, including:

Privacy Statement

Please read carefully all of the terms and conditions of this user agreement, the terms of these policies and each of the other agreements that apply to you.

We may amend this agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it on our website, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will post a notice on our webpage – www.liberpay.africa and provide you with at least 14 days notice. All future changes already published on our website at the time you register for the LiberPay services are incorporated by reference into this user agreement and will take effect as specified in the terms and conditions and Policy Updates.

If you do not agree to the current and/or revised terms and conditions, you must stop using the LiberPay services, close your account and terminate your relationship with us without cost or penalty. This user agreement will continue to apply to your previous use of our services.

This user agreement is not a solicitation of the LiberPay services and LiberPay is not targeting any country/region or market through this user agreement

GLOSSARY OF TERMS

Account means Your LiberPay account administered by LiberPay.
Agreement means the Application form together with these rules, which form a legally binding agreement between You and Us.
Application form means the application form issued by a registered LiberPay Agent. These rules are attached to the application form.
Cash means the unit of currency that you will be using to use the LIberPay in your country of residence.
Charges mean the fee You will pay for using the LiberPay services.
Credit means the transfer of E-money INTO Your account.
Debit means the transfer of E-money out of Your account.
Deposit means the cash deposit You make either through partner agents or partner banks
E-money means the electronic money created and issued by LiberPay which will equate to the deposits.
ID means a National Identification Card, passport or driver’s licence; and passport with a residence and/or work permit for foreigners.
MSISDN means Your cellphone’s mobile station identification number.
MVTMS means the Mobile Value Transfer Management System.
Outlet/Agent means each entity registered by LiberPay to fulfil functions of Mobile Money Transfer.
PIN means the Personal Identification Number chosen by You.
Secret password means the secret password allocated to You upon activation of your account.
Services mean the LiberPay LiberPay Mobile Money Transfer Services to be offered through LiberPay which will enable You to perform transactions.
SMS means short message services.
Start PIN means the 4 digit PIN allocated to You that you must use to activate Your account and which you will always use when making money transfers through your cell phone.
Transactions mean credit into account or mobile money wallet transactions made by LiberPay Customers.
You/Your/ Yourself means You as the holder of the account whether being a personal account or business account
We/ Us/Our means LiberPay, Bank or any LiberPay partner.

OPENING A LIBERPAY ACCOUNT

We offer two types of accounts:

LiberPay Personal accounts
LiberPay Business accounts

All LiberPay accounts let you do the following items which include but are not limited to:

Send and receive payments via mobile wallets
Send and receive payments via personal or business bank accounts
Purchase items in store using your personal mobile devices to access your LiberPay account
Make payments for utilities, groceries and any other similar needs using your LiberPay balance or other payment methods.
Accept payments to your LiberPay account through other payment methods from others.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your LiberPay account and the LiberPay services.

In order to open and maintain a LiberPay personal account, an individual must provide the following :

A certified copy of identification such as a national identification card or passport
A certified copy of proof of residence
An active mobile telephone number

In order to open and maintain a LiberPay business account, a business must provide the following :

Certified copy of Certificate of Registration/Certificate of Incorporation
Certified copy of Identity Document of primary and related parties
Certified copy of national I.D. Particulars of Directors and secretary /Trustees
Certified copy of Memorandum & Articles of Association
Certified copy of Return of Allotment/Annual returns
Certified copy of Proof of address
Tax Identification number or VAT number
A valid copy of Trading Licence

Please note that each country/region will refer to the above company documents in a different way and encourage you to confirm which documents are required according to your region.

Please note that LiberPay reserves the right to refuse to open an account. You may not have more than 2 active (two) LiberPay accounts at any one time. (Maximum for two personal accounts and maximum of two business accounts). You must keep your mailing address, email address and other contact information current in your LiberPay account profile.

By opening up a business account or converting a personal account to a business account, you certify to us that you are using it primarily for a business or commercial purposes. You also consent to LiberPay obtaining your personal and/or business credit report from a credit reporting agency at account opening, when you request certain new products and whenever we reasonably believe there may be an increased level of risk associated with your business account.

2 ACTIVATING YOUR LIBERPAY ACCOUNT

2.1 Your account is activated once you have provided the documentation required depending on whether you are opening a personal account or a business account.

2.2 Immediately after registering You for the service, you will be provided with a Start PIN which You must use to activate the account by following the instructions either on the LiberPay personal account or business account menu.

2.3 Once Your account is activated You will (i) be allocated a secret word and (ii) be required to choose a PIN, which will entitle You to use LiberPay services with immediate effect.

2.4 You can then buy E-money that will be credited to Your account by making a cash payment to the Agent or via bank deposit, after which You will be able to perform money transfer transactions using Your cellphone.

3. USING YOUR LIBERPAY ACCOUNT

3.1 PERSONAL ACCOUNTS

A personal account is probably right for you if you would like to make purchases, send and receive payments to and from family and friends. With a personal account, you can do things that include but are not limited to:

– Link your LiberPay account to your mobile wallet and or bank account
– Make payments to merchants when purchasing goods and services
– Send and receive payments from friends and family
– Exchanging cash for e-money at an appointed and approved agent
– Exchanging e-money for cash (cash withdrawal) at an appointed agent
– Exchanging bank balance for e-money via a bank transfer (EFT
– Transferring e-money to another registered LiberPay customer’s account or bank account;
– Purchasing prepaid airtime using e-money via LiberPay
– Paying bills such as utilities, municipal bills or any other related bills via LiberPay

You can also use a personal account to receive payments for the sale of goods and services, but if you plan to use your LiberPay account primarily to sell things, you should consider a business account. You can convert your LiberPay account from a personal account to a business account should circumstances change.

3.2 BUSINESS ACCOUNTS

We recommend business accounts for people and companies that primarily use LiberPay to sell goods or services, facilitate large payments/transactions for things such as salaries, products and services and any other related business financial transaction. With a business account, you can do things that include but are not limited to :

Use a company or business name as the name on your LiberPay account.
Allow employees access to some of the features of your LiberPay account.
Make single or bulk payments
Conduct real time gross transfer (RTGS) from your bank account to your LiberPay account
Transfer funds via electronic funds transfer (EFTs) from one account to another

Business accounts may be subject to fees that differ from the fees applicable to personal accounts.

3.3 ADDING OR WITHDRAWING FUNDS

3.3.1 ADDING FUNDS TO YOUR BALANCE

You may use the payment methods linked to your LiberPay account to fund transactions you make using your LiberPay account. You can add funds to your LiberPay account from the bank account that’s linked to your LiberPay account by requesting an electronic transfer to your LiberPay account. This will apply to both personal accounts and business accounts.

The amount transferred will be held as a balance in your LiberPay account. Credit cards and bitcoin currencies cannot be used to add funds to your LiberPay balance.

3.3.2 WITHDRAWING FUNDS FROM YOUR BALANCE

If you have a LiberPay balance, log into your LiberPay account to see which of these withdrawal options are available in your country/region:

transferring it to a bank account linked to your LiberPay account; or
transferring it to your debit or credit card, where available; or
transferring it to your mobile wallet linked to your LiberPay personal account
transferring it to your merchant account linked to your LiberPay business account .

Depending on the country/region in which your account is registered, you may be able to withdraw your funds through a partner service provider. Please see terms of such partner providers for information regarding currency conversions.

To protect us and our users from loss, we may delay a withdrawal in certain situations, including if we need to confirm that you have authorised the withdrawal or if other payments to your LiberPay account have been subject to a reversal (for example, as a result of a bank reversal or dispute by a buyer). If we place a limitation on your LiberPay account, a payment is subject to a hold, or your account or an associated account has a negative balance in any currency while a withdrawal from your LiberPay account is pending, you will have to reinitiate the withdrawal once the limitation or hold has been lifted, or the negative balance is fully paid off.

You are responsible for ensuring that the information You provide when doing transactions is correct. If You provide incorrect information You will have no claim against LiberPay, it’s Partner Banks, it’s Mobile Operators or any Agents for any losses or damages you may incur.

Any E-money You have transferred to an unregistered customer that is not claimed within thirty (30) days will be automatically cancelled and an SMS of such a cancellation shall be sent to You. The principal amount of E-money that was not withdrawn will be returned to Your account. However, the original transfer charges levied on the original transaction will not be returned to You.

3.4 FEES AND CHARGES

You agree to pay the applicable charges to Us for all the transactions You perform on Your LiberPay account. For personal accounts, you will get an indication of your transaction fees/charges for every transaction that you will perform. For a business account, your applicable fees and charges will be confirmed and agreed upon in your contractual agreement.

Any charges will be deducted directly from Your account on conclusion of each transaction without further notice.

3.5 TRANSACTION LIMITS

All LiberPay personal and business account transactions will be subject to transact within limits approved by regulatory authorities from time to time in the country/region your account is opened as follows:

3.5.1 Transaction Limit

3.5.2 Daily transactions limit

3.5.3 Monthly Transactions Limit

If You attempt to exceed the limit(s), Your personal and/or business account may be viewed with suspicion and suspended or closed as set out in our account closure clauses.

3.6 ACCOUNT PROCESSING

When the transaction(s) are processed, Your personal and/or business account shall be debited or credited depending on whether You are depositing or withdrawing.

We will verify and confirm all transactions performed through Your account by sending You an SMS. All reports and records generated by the Mobile Value Transfer Management System will be proof of the facts contained in such records and reports unless the contrary is proven.

3.7 DECLINE OF TRANSACTIONS

In the event that You do not have enough money in your account to enable a transaction (i.e. make a payment for a product or service, transfer money to a mobile wallet or bank account), and pay the relevant charges, the Transaction will be declined by us.

3.8 STATEMENT OF ACCOUNTS

You have the right to receive an account statement showing your LiberPay account activity. You may view your LiberPay account statement by logging into your LiberPay account. Each transaction done by You will be issued with a unique receipt number, together with the Transaction confirmation and verification and the latest account balance.

The receipt number sent to You must be kept by You and will be used to track and/or identify all Transactions effected on Your account. Please note that if no receipt number is provided in the event that You are disputing a transaction, it will take longer for us to process your dispute request.

3.9 PROTECTION FROM UNAUTHORISED TRANSACTIONS

To protect yourself from unauthorised activity in your LiberPay account, you should regularly log into your LiberPay account and review your LiberPay account statement. For personal accounts, LiberPay will notify you for each transaction by sending you an SMS to your registered mobile number. For business accounts, LiberPay will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorised and accurately completed.

LiberPay will protect you from unauthorised activity in your LiberPay account. When this protection applies, LiberPay will cover you for the full amount of the unauthorised activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorised Transaction

An “Unauthorised Transaction” occurs when a payment is sent from your LiberPay account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your LiberPay account, and sends a payment from your LiberPay account, an Unauthorised Transaction has occurred.

What is not considered an Unauthorised Transaction

The following are NOT considered Unauthorised Transactions:

If you give someone access to your LiberPay account (by giving them your login information) and they use your LiberPay account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Refunds and Reversals.

Reporting an Unauthorised Transaction

You should contact LiberPay customer service immediately if you believe:

there has been an Unauthorised Transaction sent from your account;
there has been unauthorised access to your account;
your LiberPay login information has been lost or stolen; or
any device you have used to access your LiberPay account has been lost, stolen or deactivated.

You must give us all the available information relating to circumstances of any Unauthorised Transactions, and/or misappropriated or unauthorised use of your account, and take all reasonable steps requested to assist LiberPay in its investigation.

If you notify us of an Unauthorised Transaction within 60 days of the transaction and we are satisfied that it was an Unauthorised Transaction, you will be eligible for 100% protection for the Unauthorised Transaction.

3.10 ERROR RESOLUTION

What is an Error

An “Error” means the following:

a processing error made by LiberPay or its partners in which your LiberPay account is mistakenly debited or credited, or when a transaction is incorrectly recorded in your LiberPay account.
You send a payment and the incorrect amount is debited from your LiberPay account.
A transaction is missing from or not properly identified in your LiberPay account statement.
We make a computational or mathematical error related to your LiberPay account.

What is not considered an error

The following are NOT considered errors:

– If you give someone access to your LiberPay account (by giving them your login information) and they use your LiberPay account without your knowledge or permission. You are responsible for transactions made in this situation.
– Invalidation and reversal of a payment.
– If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example). (Your only recourse in this instance will be to contact the party to whom you sent the payment and ask them to refund the payment. LiberPay will not reimburse you or reverse a payment that you have made in error.)

In case of errors or questions about your electronic transfers Contact us on support@liberpay.africa

Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name, email address and account number (if any). Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will complete our investigation within 10 Business Days after we receive your notification of the suspected error. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your LiberPay account within 10 Business Days for the amount you think is in error, so that you will have the provisional credit during the time it takes us to complete our investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit your LiberPay account.

For errors involving new LiberPay accounts, we may take up to 90 days to investigate your complaint or question. For new LiberPay accounts (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete the investigation.

We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation of our decision. If you received a provisional credit, we will remove it from your account and notify you of the date and amount of the debit. You may ask for copies of the documents that we used in our investigation.

If we determine that there was an error, we will promptly credit the full amount into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

Processing errors

We will rectify any processing error that we discover. If the error results in:

You receive less than the correct amount to which you were entitled, then we will credit your LiberPay account for the difference between what you should have received and what you actually received.
You receive more than the correct amount to which you were entitled, then we will debit your LiberPay account for the difference between what you actually received and what you should have received.
Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
- through no fault of ours, you did not have enough available funds to complete the transaction;
- our system was not working properly and you knew about the breakdown when you started the transaction; or
- the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

Delays that result from LiberPay applying its transaction limits.
Delays based on a payment review.
Your errors in making a transaction (for example, mistyping an amount that you are sending)

3.11 REFUNDS AND REVERSALS

General information

Whenever a transaction is refunded or otherwise reversed, LiberPay will refund or reverse the transaction from your LiberPay account in the same currency as the original transaction.

Any E-money You have transferred to an individual or company erroneously that is not claimed or used by them within thirty (30) days will be automatically cancelled and a written communication of such a cancellation shall be sent to You.

The principal amount of E-money that was not withdrawn will be returned to Your account. However, the original transfer charges levied on the original transaction will not be returned to You.

3.12 SECURITY AND UNAUTHORISED USE

3.12.1 You are at all times responsible for keeping Your Start PIN, PIN and Secret Word safe, including when using your account. Further, You must not tell anyone Your Start Pin or PIN. This includes, but is not limited, to staff of LiberPay Customer Call Centre, Outlets and their staff, Partner Banks and their staff and the LiberPay Agencies and their staff. You may only tell a Customer Call Centre operator Your Secret Word. It is Your responsibility to keep Your PIN secret. Therefore, we shall presume that any transactions done on your account using your PIN are done by you. For that reason, LiberPay shall not be liable for any loss suffered by You if your PIN is accessed or used by someone else.

3.12.2 Any delay in notifying the LiberPay Agent will be considered negligence on Your part and neither LiberPay, Partner Banks nor any LiberPay Agent shall be liable for any losses incurred or suffered by You should you delay in notifying us of unauthorised access to your account.

3.12.3 You will be responsible for all transactions together with all charges in respect of such transactions made before You blocked your LiberPay account. You cannot claim this money back from LiberPay, Partner Banks or any LiberPay Agency. You indemnify LiberPay, Partner Banks and the Agency in full against any claims made in respect of such transactions.

3.12.4 Your account will only be reactivated after, upon a written request from You, Your account has been transferred to a new LiberPay account.

CLOSING OR SUSPENSION OF YOUR LIBERPAY ACCOUNT

You may close your account and terminate your relationship with us at any time without cost or penalty, but you will remain liable for all obligations related to your LiberPay account even after the LiberPay account is closed. We will close Your account upon receiving a written request from you to do so.

When you close your LiberPay account, we will cancel any scheduled or incomplete transactions. You must withdraw or transfer any LIberPay balance from yourLiberPay account before closing it.

In certain cases, you may not close your LiberPay account, including:

To evade an investigation.
If you have a pending transaction or an open dispute or claim.
If your LiberPay account has a negative balance.

We may at any time close Your account or restrict access to Your Account without prior notice to you if:

We suspect fraud on Your account or if we are required to do so by law.
We become aware or have reason to believe that Your account or Your PIN used in relation to Your account is being or has been or is likely to be used in an unauthorised, unlawful, improper, or fraudulent manner, or for any criminal activities.
We become aware that any of Your registration information on record is incorrect or incomplete.
We believe that You are in breach of these Rules or are trying to compromise Our system or are interfering with any services provided by Us.
You open or try to open more than 2 accounts.
You have not performed any transaction for a period of ninety (90) days. We will then be entitled at Our discretion to notify You that we consider Your account as being dormant, and encouraging You to perform transactions through Your Account. Should You not perform transactions for a period of 6 months We may at Our discretion close Your account.
You are declared insolvent, bankrupt or die, or issued with a Court order or under and/or a regulation or law that requires Us to do so.

Any credit balances in the account will be repaid under the following circumstances:

Upon presenting Yourself in person with satisfactory proof of identity at any outlet or agency.
In the event that You die, to the Executor of Your estate.

We will not be responsible to You for any direct, indirect or consequent or special damages arising from any act or omission by LiberPay, its Partners for which we are responsible whether arising in contract, delict or statute if we close, restrict or suspend Your account in terms of this clause.

5. ACCEPTABLE USE POLICY

You are independently responsible for complying with all applicable laws in all of your actions related to your use of LiberPay’s services, regardless of the purpose of the use. In addition, you must adhere to the following terms :

You may not use the LiberPay service for activities that:

violate any law, statute, ordinance or regulation.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

6. RESTRICTED ACTIVITIES

In addition to the above acceptable use policy and in connection with your use of our websites, portal, your LiberPay account, the LiberPay services, or in the course of your interactions with LiberPay, other LiberPay customers, or third parties, you will not:

Breach this user agreement or any other agreement between you and LiberPay.
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
You acknowledge that each we are at the liberty not to effect any transaction if You fail to provide all relevant documentation and or information required under the applicable “know your customer” and anti-money laundering rules and regulations.
You shall indemnify and hold harmless LiberPay and its partners for any loss, damages, expenses, charges, fines, penalties that you may suffer arising from a breach of this clause.
You shall not involve or assist anyone directly or indirectly in money laundering or transactions having any criminal element or illegal sources. You shall strictly observe the laws and regulations of its place of business and international customs, rules and regulations dealing with money laundering or similar thereto.
You hereby undertake that, at the date of this Agreement, You, your directors, officers, employees or Affiliates have not offered, promised, given, authorized, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with this Agreement and that it has taken reasonable measures to prevent subcontractors, agents or any other third parties, subject to its control or determining influence, from doing so.
Infringe LiberPay’s or any partner’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
Sell counterfeit goods.
Act in a manner that is defamatory, trade libelous, threatening or harassing.
Provide false, inaccurate or misleading information.
Send or receive what we reasonably believe to be potentially fraudulent funds.
Engage in potentially fraudulent or suspicious activity and/or transactions.
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both LiberPay and the seller, bank or card issuer for the same transaction.
Control an account that is linked to another account that has engaged in any of these restricted activities.
Conduct your business or use the LiberPay services in a manner that results in or may result in:

- complaints;
- requests by buyers (either filed with us or card issuers) to invalidate payments made to you; or;
- fees, fines, penalties or other liability or losses to LiberPay, other LiberPay customers, third parties or you.
- Use your LiberPay account or the LiberPay services in a manner that LiberPay, its partners or any other electronic funds transfer network reasonably believes to be an abuse of the system or a violation of the network rules.

Allow your LiberPay account to have a negative LiberPay balance.
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the LiberPay services) operated by us or on our behalf or the LiberPay services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or LiberPay services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the LiberPay services) operated by us or on our behalf, any of the LiberPay services or other users’ use of any of the LiberPay services.
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
Use the LiberPay services to test credit card behaviors.
Circumvent any LiberPay policy or determinations about your LiberPay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional LiberPay account(s) when an account has a negative LiberPay balance or has been restricted, suspended or otherwise limited; opening new or additional LiberPay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s LiberPay account;
Harass and/or threaten our employees, agents, or other users.
Abuse (as either a buyer or seller) of our online dispute resolution process and/or LiberPay Buyer Protection.
Cause us to receive a disproportionate number of claims that have been closed in favour of the claimant regarding your LiberPay account or business.
Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the LiberPay services.
Disclose or distribute another user’s information to a partner, or use such information for marketing purposes unless you receive the user’s express consent to do so.
Send unsolicited emails to users or use the LiberPay services to collect payments for sending, or assisting in sending, unsolicited emails to third parties.
Copy, reproduce, communicate to any partner, alter, modify, create derivative works, publicly display or frame any content from the LiberPay websites without our or any applicable partner’s written consent.
Reveal your account password(s) to anyone else, nor use anyone else’s password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect LiberPay, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

Terminate this user agreement, limit your LiberPay account, and/or close or suspend your LiberPay account, immediately and without penalty to us;
Refuse to provide the LiberPay services to you now and in the future;
Limit your access to our websites, software, systems (including any networks and servers used to provide any of the LiberPay services) operated by us or on our behalf, your LiberPay account or any of the LiberPay services, including limiting your ability to pay or send payments with any of the payment methods linked to your LiberPay account, restricting your ability to send payments or make withdrawals;
Hold your LiberPay balance if reasonably needed to protect against the risk of liability to LiberPay or a partner, or if you have violated our Acceptable Use Policy;
Suspend your eligibility for LiberPay’s Buyer Protection program and/or LiberPay’s Seller Protection program;
Contact buyers who have purchased goods or services from you using LiberPay, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;
Update inaccurate information you provided us;
Take legal action against you;
Hold, apply or transfer the funds in your LiberPay account as required by judgments and orders which affect you or your LiberPay account, including judgments and orders issued by courts in Kenya or elsewhere and directed to LiberPay or its affiliates;
If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to LiberPay caused by your violation of this policy; or
If you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to LiberPay for the amount of LiberPay’s damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500 USD (or equivalent) per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of LiberPay’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to LiberPay that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. LiberPay may deduct such damages directly from any existing LiberPay balance in any LiberPay account you control.

If we close your LiberPay account or terminate your use of the LiberPay services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your LiberPay account available for withdrawal.

You are responsible for all reversals, claims, fees, fines, penalties and other liability incurred by LiberPay, any LiberPay customer, or a partner caused by or arising out of your breach of this user agreement, and/or your use of the LiberPay services.

LIMITATION OF LIABILITY

7.1 Without detracting from any other provisions of this Agreement, We shall not be liable to You for any loss or damage, whether direct or consequential in the event that:

7.1.1 The banking channels, networks, cellphones, internet and/or terminals or supporting networks fail,, malfunction, are interrupted, suspended and/or terminated for whatsoever reason;

7.1.2 such loss or damage suffered by You, whether arising in contract, delict, statute or otherwise, unless it is directly caused by Our gross negligence, or wilful default. Default for any such act shall be limited to the amount of the loss that a reasonable person in Your position will have suffered, for the avoidance of doubt; any such loss shall exclude indirect, special and/or consequential losses and /or damages.

7.1.3 We make no representations and give no warranties of whatsoever nature to and in favour of You, whether express or implied in respect of the services.

7.1.4 In the event that LiberPay is compelled to change or reassign Your account to meet any regulatory requirements, or for any other reason, LiberPay’s liability will be limited to retaining Your account and where possible transferring such account to a new account, failing which any credit balance will be paid to You in cash.

GENERAL TERMS

8.1 ASSIGNMENT

You may not transfer or assign any rights or obligations you have under this user agreement without LiberPay’s prior written consent. LiberPay may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

8.2 BUSINESS DAYS

“Business Day(s)” means Monday through Friday, excluding national holidays recognized in Kenya.

8.3 DORMANT ACCOUNTS

If you do not log in to your LiberPay account for two or more years, LiberPay may close your LiberPay account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.

8.4 COMPLETE AGREEMENT AND SURVIVAL

This user agreement, along with any applicable Policies on the LiberPay website, portal and any other LiberPay services sets forth the entire understanding between you and LiberPay with respect to the LiberPay services. All such terms which by their nature should survive, will survive the termination of this user agreement. If any provision of this user agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

8.5 GOVERVERNING LAW AND JURISDICTION

This Agreement will be governed by and interpreted in accordance with the laws of Kenya, as such laws are applied to agreements entered into and to be performed entirely within Kenya, without regard to conflict of law provisions. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against LiberPay must be resolved by a court located in Kenya or where the defendant is located. You agree to irrevocably submit to the non-exclusive jurisdiction of the courts located within Kenya for the purpose of any suit, action or other proceeding arising out of this user agreement or your use of our websites or the services.

8.6 IMPROPERLY FILED LITIGATION

All claims you bring against LiberPay must be resolved in accordance with this user agreement. All claims filed or brought contrary to this user agreement shall be considered improperly filed and a breach of this user agreement. Should you file a claim contrary to this user agreement, LiberPay may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000,000 USD, provided that LiberPay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

8.7 IDENTITY AUTHENTICATION

You authorise LiberPay, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

– asking you for further information, such as your date of birth, your taxpayer or national identification number, your physical address and other information that will allow us to reasonably identify you;
– requiring you to take steps to confirm ownership of your email address or financial instruments;
– ordering a credit report from a credit reporting agency;
– verifying your information against third party databases or through other sources; or
– requiring you to provide further documentation, such as your driver’s license or other identifying documents at any time.
– Anti-money laundering and counter-terrorism financing laws may require that LiberPay verify certain identifying information if you use certain LiberPay services. LiberPay reserves the right to close, suspend, or limit access to your LiberPay account and/or the LiberPay services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

8.8 LIBERPAY IS ONLY A PAYMENT SERVICE PROVIDER

We act as a payment service provider only. We do not:

Act as a bank or provide banking services;
Act as an escrow agent with respect to any funds kept in your account;
Act as your agent or trustee;
Enter into a partnership, joint venture, agency or employment relationship with you;
Have control of, nor liability for, the products or services that are paid for with the
LiberPay services;
Guarantee the identity of any individual or business;
Ensure that an individual or business will complete a transaction;

8.9 PRIVACY

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

8.10 TERMS IN ENGLISH; TRANSLATION OF AGREEMENT

It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.

8.11 YOUR USE OF INFORMATION; DATA PROTECTION LAWS

If you receive information about another LiberPay customer, you must keep the information confidential and only use it in connection with the LiberPay services. You may not disclose or distribute any information about LiberPay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a LiberPay customer or use the LiberPay services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

To the extent that you (as a seller) process any personal data about a LiberPay customer pursuant to this agreement, you agree to comply with the requirements of any applicable privacy and data protection laws. You have your own, independently determined privacy policy, notices and procedures for any such personal data that you hold as a data controller, including a record of your activities related to processing of personal data under this agreement.

The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement. For example, if you or your business is subject to the requirements of the General Data Protection Regulation (EU) 2016/679 (GDPR), you will comply with such regulation with respect to the processing of personal data.

In complying with such laws, you will:

– implement and maintain all appropriate security measures for the processing of personal data; and
– not knowingly do anything or permit anything to be done which might lead to a breach of any privacy and data protection laws by LiberPay.

8.12 You may not operate Your account on behalf of others and You must be and remain the sole owner of all the E-money in Your account

8.13 Your LiberPay e-money balance does not earn interest either as an individual account and/or a business account

8.14 All copyright trademarks and other intellectual property rights used in connection with the services, the system or contained in Our documents are owned by LiberPay, InterVAS and its affiliates and you agree that You acquire no rights thereto