CHIKWAMA PAY USER
TERMS AND CONDITIONS
1. Preamble
1.1. Chikwama Pay is a service designed for underbanked individuals allowing them to receive and make payments via the WhatsApp platform.
1.2. The service allows customers to send money to anyone with a cell phonenumber. To use the service, users must simply add Chikwama Pay on WhatsApp and sayhi to register. Once registered, users can pay other users using their cellphone number, or they can request payment by sending a payment request to otherusers. QR Code payments are also supported, and customers can pay for airtime,data, and electricity bills using the service. Customers can sign up for otherproducts such as insurance, savings, and investment through the platform.
1.3. The User agrees to these Terms by using Chikwama Pay.
2. Definitions
2.1. In these Terms the words
2.1.1. '3D Secure' means Verified by Visa and Mastercard SecureCode.
2.1.2. App' means the Chikwama Pay through the WhatsApp application for yourDevice, through which you can pay for Transactions;
2.1.3. 'App Store' means your Device’'s application store provided by Apple,Blackberry, Android or Windows, as is applicable to you;
2.1.4. 'Card(s)' means your compatible credit, debit, charge and/or chequecard(s) with a PIN, including prepaid card(s);
2.1.5. 'Default Card' means the Card you chose as your default paymentoption when you registered your Card(s) on Chikwama Pay;
2.1.6. 'Device' means the smartphone ortablet that you use to access the App;
2.1.7. 'Company' means Chikwama Pay'saffiliates, associates, subsidiaries and divisions together with Chikwama Pay'sholding company and its affiliates, associates, subsidiaries and divisions;
2.1.8. 'Intellectual Property' means all inventions, specifications,patents, designs, trademarks, service marks, trade names and all goodwillassociated with such inventions, patents, designs, trademarks, service marks,trade names; copyright, including all copyright in any logos, devices, designs,multimedia works and computer software programs (in both source and object codeform, and including any programmers' or developers' notes, flow charts,memoranda and design documents); rights protecting goodwill and reputation;proprietary material, knowhow, ideas, concepts, trade secrets, methods,techniques, graphics; schematics; marketing; sales and User data; domain namesand URLs; databases and rights in databases, confidential information and allother intellectual property rights and rights of a similar character, whetherregistered or capable of registration, rights in the nature of any of theaforesaid items, whether registered or unregistered in any country orjurisdiction, and all applications and rights to apply for protection of any ofthe same worldwide;
2.1.9. 'Issuer' means the bank or financial institution that issued your Cardto you;
2.1.10. 'Mastercard' means MastercardWorldwide and any of its related companies;
2.1.11. 'Merchant' means a merchant thatis registered to accept payments securely via the WhatsApp platform;
2.1.12. 'Chikwama Pay' means the tradingname for Finquote Pty Ltd (registration number 2016/427489/07) and itssuccessors or assigns, including the Company, unless otherwise indicated;
2.1.13. 'Password' means the passwordchosen by you for purposes of the App;
2.1.14. 'Payment Information' means yourCard number and expiration date, billing information and other informationabout your Card(s), along with your preferred shipping address;
2.1.15. 'Personal Information' means all personal information about you,including information about your race, gender, marital status, nationality,ethnic or social origin, sexual orientation, age, physical or mental health,religion, belief, disability, language, birth, education, identity number,telephone number, email, postal or street address, location through yourDevice’'s global positioning system, biometric information and financial,criminal or employment history. For purposes of these Terms and the ChikwamaPay service, your Personal Information also includes your Payment Information;
2.1.16. 'PIN' means personal identification number;
2.1.17. 'Processing' or 'Process' means any operation or activity, whetherautomated or not, concerning Personal Information, including: collection,receipt, recording, organization, collation, storage, updating or modification,retrieval, alteration, consultation, use, dissemination (by means oftransmission, distribution or making available in any other form), merging,linking, blocking, degradation, erasure or destruction of information;
2.1.18. 'Terms' means these terms and conditions, which apply to youindividually and to your use of the Chikwama Pay Service;
2.1.19. 'Third-party Site(s)' means any website or content that belongs to athird party that is either featured on the App or is linked to the App;
2.1.20. 'Transaction(s)' means any transaction(s) where you purchase anyproduct or service from a merchant by transmitting your Payment Informationthrough the Chikwama Pay Service; and
2.1.21. 'User' means you, the user of the Chikwama Pay Service subject to theTerms.
3. Interpretation
3.1. Unless the context indicates a different intention:
3.1.1. ‘we', 'us' and 'our' refer to ChikwamaPay, its successors in titles and assigns of 4 Heide Avenue,Woodmead, Sandton;2191
3.1.2. 'you' and 'your' refer to the User using the Chikwama Pay Service,subject to these Terms;
3.1.3. we have defined some words in these Terms and these words will beginwith a capital letter;
3.1.4. singular words include the plural and the other way around; and
3.1.5. important clauses that may limit our responsibility or pose some riskto you will be in bold and italics.
4. Use of the Chikwama Pay Service
4.1. You must download WhatsApp on your device. Your use of the App issubject to the terms of the App Store you downloaded the App from. You specificallyacknowledge and agree that the App Store is not our agent and if you experienceany difficulty with the App or if you suffer loss attributable to the App, youmust engage directly with the App Store.
4.2. You must add the Chikwama Pay number as contact on WhatsApp or receivean invite from Chikwama Pay to register
4.3. During the registration process you will be asked to provide thefollowing:
4.3.1. your name and surname;
4.3.2. your ID/Passport information; and
4.3.3. to take pictures as proof of Information
4.4. If you have more than one Card registered to Chikwama Pay, you canchoose which Card to use when making a purchase, either by using your DefaultCard or by selecting another Card at the time of purchase. There is a limit onhow many Cards you may register to the Chikwama Pay Service.
4.5. You may only use the App on the Device with which you registered forthe Chikwama Pay Service.
4.6. You may use only the latest version of the App. The App Store willnotify you of any updates or upgrades that are available to you. If you do notinstall the latest version, the App may not work correctly and you mayexperience security and/or data flaws, for which Chikwama Pay will not beliable under any circumstances.
4.7. You may use the Chikwama Pay Service only on your own behalf.
4.8. The use of the Chikwama Pay Service is subject to the following:
4.8.1. the Terms;
4.8.2. the terms and conditions of the Chikwama Pay Website , *chikwamapay.com*,including the privacy and security statement, and any other relevant terms;
4.8.3. the App and App Store terms and conditions;
4.8.4. regulations or terms for 3D Secure, Authenticated Mobile Transactions(AMT) and SafeKey or any other authentication process used by your Issuer; and
4.8.5. the terms and conditions that govern your use of your Card(s).
4.9. By clicking on 'accept', 'proceed' or 'continue' or by using the ChikwamaPay Service you represent and warrant that you are at least 18 years of age,capable of entering into a legally binding agreement and the primaryaccountholder in respect of all the Cards linked to the Chikwama Pay Service.
5. Your rights and obligations
5.1. You must determine if the ChikwamaPay Service is suitable and adequate for your needs.
5.2. You agree not to use oraccess the Chikwama Pay Service carelessly or negligently.
5.3. You agree that you will notuse the Chikwama Pay Service in contravention of any applicable laws,regulations and/or these Terms.
5.4. You must ensure that your useof the Chikwama Pay Service complies with the terms and conditions of the Cardsyou use.
5.5. Nothing in these Termsoverrides the terms and conditions of your Cards, as agreed with the Issuer,and you must comply with such agreement. If you have any issues regarding anyof your Cards, then you must contact your Issuer directly.
5.6. If you have any disputes withrespect to any Transaction made through the Chikwama Pay Service, you mustcontact the Merchant with which you performed the Transaction.
6. Fees and costs
6.1. Standard data costs will becharged when you download the App and every time you access the App. Thesecosts are charged by your mobile network operator. Any questions related toyour data costs must be sent to your mobile network operator.
6.2. You are liable for allcharges and debits to your Cards that result from Transactions, including anyfees charged by the relevant Issuer.
7. Keeping your device/app Secure
7.1. If your Device is lost orstolen or is no longer in your possession, you must immediately block yourDevice SIM card by contacting your mobile service provider. Thereafter you mayreregister the App on a new Device. Neither Chikwama Pay nor any of ChikwamaPay's service providers will be liable for any loss or damage of any kind thatmay arise as a result of the unauthorised use of Chikwama Pay or any PaymentInformation, either with or without your knowledge.
7.2. If the registration processhas been completed and your Information has been captured on the Chikwama PayService, we will be entitled to presume that it is you, the owner of the Deviceand the holder of the Card account, enabling and using the Chikwama PayService. We will have no further verification obligation.
7.3. All uses of the App areprotected by encryption at international standards. The Personal Informationyou send through the App is encrypted. Only Chikwama Pay's authorised employeesor partners have access to information related to the App.
8. Processing your Personal Information
8.1. To provide the Chikwama PayService and improve on the services you receive from us we may Process yourPersonal Information, including:
8.1.1. information about your Device software and hardware,including the unique internet mobile equipment identity (IMEI) number of yourcellphone, the unique integrated-circuit card identity (ICCID) number of yourSIM card in your Device, your email address, internet protocol (IP) address,cellphone number, third-party software installed on your Device, installationand uninstallation rates, language of your Device and its manufacturer, screensize and model of the Device and any other technical information;
8.1.2. the date and time,country and the IP address of the Device from which your Device is connected toour backend server;
8.1.3. geographic location information based on your mobile networkoperator's tower details the global positioning system (GPS) and/or Wi-Ficommunications network location;
8.1.4. the Personal Information you give when you enter one of ourcompetitions or promotions, complete a survey or report a problem with us;
8.1.5. a record of the correspondence when you contact us; and
8.1.6. details of your use of the Chikwama Pay Service, includingtraffic data, location data, weblogs and other communication data that youaccess.
8.2. We Process the aboveinformation for the following purposes:
8.2.1. to ensure that the Chikwama Pay Service is presented in themost effective manner for you and for your Device;
8.2.2. to monitor and analyse the conduct on the Chikwama PayService for fraud, compliance and other risk-related purposes;
8.2.3. to process your Transaction;
8.2.4. to verify your identity;
8.2.5. to carry outstatistical and other analyses to identify potential markets and trends;and
8.2.6. to develop new products and services.
8.3. We will keep your Personal Information onlyfor the purposes described in these Terms
8.4. We reserve the right tomonitor your usage of the App to ensure compliance with the Terms.
8.5. You acknowledge that:
8.5.1. we will at all times remain responsible for determining theway in which we Process your Personal Information;
8.5.2. we are required by various laws to Process some of yourPersonal Information, without which we may be unable to offer the Chikwama PayService to you; and
8.5.3. you provide us with your Personal Information voluntarily.
9. Disclosure of Personal Information
9.1. We will treat your PersonalInformation as confidential and will not disclose your information to thirdparties, except as permitted under these Terms or where we are legallycompelled to do so.
9.2. You acknowledge and consentthat:
9.3. we may disclose your Personal Information whenit is necessary for us to disclose it to perform Transactions with otherentities, including Issuers, financial institutions and/or entities thatprocess card transactions and assist with payment transaction processing;
9.4. we may disclose yourPersonal Information to our legal advisors, financial advisors, auditors or acompetent court in connection with any legal proceedings; and
9.4.1. the information we Process may be used by any member of theCompany worldwide, including in countries that may have less stringent dataprivacy laws than your country.
10. Processing anddisclosure of non-personal information
10.1. We also process information from you that does not identifyyou as an individual. We may Process and disclose such information for anypurpose.
10.2. You acknowledge that we own and retain all rights tonon-personal statistical information collected and compiled by us.
11. Third-party Sites
11.1. Third-party Sites are included only for your convenience anddo not constitute any approval, endorsement or warranty by us. When you clickon a link to or in a popup of a Third-party Site, you will leave the ChikwamaPay Service. Any Personal Information you submit after you leave the ChikwamaPay Service will not be collected or controlled by us. Such information will besubject to the privacy notice or terms of use applicable to the Third-partySite. It is your responsibility to review those policies before submitting yourinformation to the Third-party Site. You provide your information toThird-party Sites at your own risk. You indemnify us from any loss and/ordamage you incur as a result of your access to or use of any Third-party Site.
11.2. You agree that we arenot liable for any of the following:
11.2.1. the content, security, operation, use, accuracy orcompleteness of any such Third-party Sites, or the products or services thatmay be offered or obtained through them, or the accuracy, completeness orreliability of any information obtained from them;
11.2.2. the ownership orright of use of any licensor of any software provided through any Third-partySite;
11.2.3. any content featured on Third-party Sites that areaccessed through the links found on the App;
11.2.4. any failure orproblem that affects the products or services of a Third-party Site, forexample any failure of a telecommunication service provider, an internetservice provider, an electricity supplier, or a local or other authority.
12. Indemnity
12.1. In addition to what is said elsewhere in these Terms, youagree to indemnify us and our business partners, their officers, employees,representatives and affiliates from and hold them harmless against any and alldirect, indirect, incidental, special, punitive or consequential losses,claims, liabilities, damages, losses, fines, penalties and expenses (includinglegal and other professional fees) arising from or in any way related to:
12.2. your use of the Chikwama Pay Service as specified in theseTerms;
13.1.2 your breach of these Terms or applicable law;
13.1.3 your negligence or wilful misconduct; or
13.1.4 your violation of any third party's rights,including any Intellectual Property rights.
13. Disclaimer
13.1. The Chikwama Pay Service is provided 'as is' and with allfaults. We disclaim all warranties, express and implied, including:
13.2. any warranties of merchantability, quality of information,quiet enjoyment, non-infringement, title or fitness for a particular purpose;and
13.2.1. that the Chikwama Pay Service or any Third-party Site willbe error-free, uninterrupted, free from spyware, malware, adware, viruses,worms or other malicious code, or will function to meet your requirements.
13.3. You specifically acknowledge that we do not have anycontrol over whether all your Transactions with a particular Merchant will becompleted or whether the Issuer will authorise the Transactions that youinitiate. We will not accept liability for incorrect Transaction details yousubmit to us.
14. Limitation of liability
14.1. We are not and will not be liable to you for any direct,indirect, special, punitive, exemplary, consequential, or any other damageswhatsoever, including any personal injury, property damage, loss of use,penalties, fines, loss of business, economic loss, loss of data, or loss ofprofits arising out of or in connection with:
14.1.1. these Terms;
14.1.2. any defect, fault, malfunction and/or delay in your Devicehardware and/or software;
14.1.3. any technical or other problem (interruption, malfunction,downtime or other failure) that affects the Chikwama Pay Service, our banking partner,a third-party system or any part of any database for any reason notattributable to Chikwama Pay;
14.1.4. any dispute in respect of a Transaction (including anyerrors in the descriptions of the products or services that are offered or theactions or inactions of any Merchant);
14.1.5. your use of your Device, including any lack of attention toyour surroundings resulting from such use;
14.1.6. any Personal Information or other data that is directlyor indirectly lost or damaged because of technical problems, power failures,unlawful acts (such as data theft), any harmful computer program or virus, oryour own negligence; and
14.1.7. any event that we have no control over, such as your havingsufficient funds on your Card, your network's coverage or availability or yourDevice's capability or capacity.
15. Termination and suspension
15.1. You may deregister from using the Chikwama Pay Service atany time.
15.2. We may immediately terminate or suspend your use of the ChikwamaPay Service at any time without notice. This may include the following:
15.2.1. if we suspect fraud or illegal, unauthorised or improperconduct;
15.2.2. if we suspect that we are exposed to any risk through youruse of the Chikwama Pay Service;
15.2.3. if we are required by law to do so or are so ordered by acompetent court;
15.2.4. if we suspect thatyour Device, SIM card or your PIN is being used, has been used or is likely tobe used in an unlawful or unauthorised manner;
15.2.5. if we suspect that you are attempting to compromise orinterfere with the Chikwama Pay Service systems; or
15.2.6. if we suspect thatyour use of the Chikwama Pay Service violates any of these Terms or is incontravention of any applicable law or regulations.
15.3. Where we terminate your use of the Chikwama Pay Service,all rights granted to you in respect of the Chikwama Pay Service will ceaseimmediately.
16. Intellectual Property
16.1. All Intellectual Property rights used in connection withthe Chikwama Pay Service or contained in documents (in electronic form orotherwise) relating to the Chikwama Pay Service belong to us and/or ChikwamaPay's licensors (and licensees). You do not have any Intellectual Propertyrights in the Chikwama Pay Service or in any improvements or variations thatmay be made to them.
16.2. You may not copy, adapt, modify, alter, decompile,reverse-engineer, attempt to derive the source code of or create derivativeworks of, or otherwise attempt to reproduce the Chikwama Pay Service, itscontents, including any Intellectual Property therein, its design, any updatesto the App and/or any proprietary features in relation to it, or any partsthereof. This prohibition extends to any and all Third-party Sites that arefound on the App and/or any content featured on the Third-party Sites that isaccessed through links that are found on the App.
16.3. You acknowledge that you will not:
16.3.1. in any way represent that you have any rights of anynature in any current and future Intellectual Property belonging to us and/orany third parties featured on the App;
16.3.2. apply for or obtain registration of Chikwama Pay's currentand future Intellectual Property that may be confusingly similar thereto in anycountry;
16.3.3. challenge Chikwama Pay's rights to Chikwama Pay's currentand future Intellectual Property in any country;
16.3.4. do or omit to do or cause to be done any act or thing thatwould be expected to weaken, damage, be detrimental to or in any way impair ortend to impair our current and future Intellectual Property or the reputationand goodwill associated therewith or with us and/or any third party featured onthe App, or which would be expected to jeopardise or invalidate anyregistration of our current and future Intellectual Property;
16.3.5. use, register or attempt to register as trade names,corporate names, business names, logos, domain names, metatags, metadescriptors, email addresses, server names or search engine markers anythingthat is identical to, contained in whole or in part in, or is otherwiseconfusingly similar to, our current and future Intellectual Property in anycountry; or
16.3.6. establish ahyperlink, frame, metatag, similar reference, whether electronically orotherwise, or any other reference to the App without our prior written consent.
16.4. You indemnify us against all actions, claims, costs,demands, expenses and other liabilities suffered or incurred by us as a resultof any third-party claims initiated and/or instituted against us relating toyour unauthorised use of the Chikwama Pay Service, the App, the content thereofand/or any other Intellectual Property rights flowing therefrom.
16.5. Nothing contained in these Terms nor the Chikwama PayService will be construed as granting, by implication or otherwise, any licenceor right to use any Intellectual Property without the written permission of ChikwamaPay or Mastercard or such other party that may own the trademark.
16.6. The Mastercard, Masterpass and the Mastercard brandmarks areregistered trademarks of Mastercard.
16.7. Any breach under this clause entitles us, in addition to ournormal common-law remedies, to take legal action without prior notice to you,and you agree to reimburse the costs associated with such legal action to us onan attorney-and-own-client scale.
17. Address for notices and legal proceedings
17.1. We choose the registered address at Chikwama Pay, 4 HeideAvenue, Woodmead, Sandton, 2191 as the address where any legal document ornotice must be served or delivered to us.
17.2. We will send any legal documents or notices to you at theaddress Chikwama Pay has for you on record.
17.3. We may send any other written communication to your street,postal or email address, or through the App message system. We will regard acommunication sent by email as having been received by you one day after it wassent.
17.4. Any legal document of notice to be served in legalproceedings must be written on paper. The relevant provisions of the ElectronicCommunications and Transactions Act, 25 of 2002, do not apply to these legaldocuments or notices.
18. General
18.1. The Terms will be governed by the laws of the Republic ofSouth Africa as well as the rules and regulations for 3D Secure, AuthenticatedMobile Transactions (AMT) and SafeKey or any other authentication process usedby your Issuer, as stipulated by the Payments Association of South Africa.
18.2. These Terms apply together with the current versions of therespective conditions and disclaimers that are incorporated by reference intothese Terms.
18.3. If a clause in these Terms is invalid, illegal or unenforceable,it will not affect the validity, legality or enforceability of the remainingclauses of these Terms.
18.4. If we fail to exercise or enforce any right or provision ofthe Terms, it will not constitute a waiver of such right or provision.
18.5. Any references to legislation, rules or regulations willrefer to the same as are amended from time to time.
18.6. We may update these Terms at any time, after written noticeto you. Your continued use of the Chikwama Pay Service will be deemed an acceptanceof the Terms.