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:
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
We offer two types of accounts:
All LiberPay accounts let you do the following items which include but are not limited to:
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 :
In order to open and maintain a LiberPay business account, a business must provide the following :
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.
2.1 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.
3.1 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:
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 :
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:
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:
Reporting an Unauthorised Transaction
You should contact LiberPay customer service immediately if you believe:
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:
What is not considered an error
The following are NOT considered errors:
In case of errors or questions about your electronic transfers Contact us on email@example.com
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.
We will rectify any processing error that we discover. If the error results in:
Processing errors are not:
3.11 REFUNDS AND REVERSALS
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.
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:
We may at any time close Your account or restrict access to Your Account without prior notice to you if:
Any credit balances in the account will be repaid under the following circumstances:
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.
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:
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:
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:
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.
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.
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:
8.8 LIBERPAY IS ONLY A PAYMENT SERVICE PROVIDER
We act as a payment service provider only. We do not:
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.
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:
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
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