QR Pay Africa - Terms And Conditions

Terms And Conditions

User

Agreement

Last Updated

This user agreement is effective as of October 06, 2023.

Welcome to QR Pay Africa!

This user agreement is a contract between you and QR Pay Africa account and the QR Pay Africa services. You can use QR Pay Africa service from any part of the world though some countries are restricted. You agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and each of the other agreements posted on qpyafrica.com/legal that apply to you:

Privacy Statement
Acceptable Use Policy
Consent to Receive Electronic Disclosures (E-Sign Disclosure and Consent)

We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Opening a QR Pay Africa Account

We offer accounts for two types of purposes: personal accounts and approved business accounts. You may only have one personal account. To create a personal account, you must be a resident in Kenya or one of its territories, be at least 18 years old or the age of majority in your state of residence and use a cellular/wireless telephone number that you own. Your QR Pay Africa account is a personal account unless you have received our express written approval to open a business account. In addition to this agreement, approved business accounts are also subject to the Approved Business Account Addendum. Personal accounts let you do things like:

Transfer money with friends.
Make payments for purchases of goods and services.
Buy things through an authorized merchant’s mobile website, app, or QR Pay Africa business profile.
Pay utility bills.
Top up airtime to your telephony.

We may also offer you the ability to set up a business profile within your personal account, which you can use to receive payments for the sale of goods and services. This feature is offered in our sole discretion and may not be available to all users. Except for commercial transactions expressly authorized by QR Pay Africa, for example, transactions with authorized merchants or business profiles, purchases made using your QR Pay Africa virtual card, or transactions that are identified as payments for goods and services, personal accounts may not be used to conduct business, commercial or merchant transactions with other personal accounts, which includes paying or accepting payment from other personal accounts held by users you do not personally know for goods or services (for example, concert tickets, sneakers, food, or other merchandise). If you plan to use yourQR Pay Africa account to receive payments for goods or services, you must ask your buyer to identify that their payment is for goods and services or have a business profile. You may also find out more information about offeringQR Pay Africa as a payment option on your website or mobile app by visiting this webpage.

Closing YourQR Pay Africa Account

You may close yourQR Pay Africa account and terminate your relationship with us without cost, but you will remain liable for all obligations related to yourQR Pay Africa account even after the QR Pay Africa account is closed. Any incomplete transactions or transfers must be completed or canceled and you must transfer any money from any personal, business, or charity profiles of yourQR Pay Africa account before closing it. In certain cases, you may not close yourQR Pay Africa account, including:

To evade an investigation.
If there is a pending transaction or an open dispute or claim.
If amounts are owed to us.
If yourQR Pay Africa account is subject to a hold, limitation or reserve.
If you have aQR Pay Africa Virtual Card, until such time that account is both closed and paid in full.

If yourQR Pay Africa account is closed for any reason, or any business, and any affiliatedQR Pay Africa Virtual Card will be canceled.

Link or Unlink a Payment Method

You can link or unlink certain payment methods such as a virtual card, or your bank account to your QR Pay Africa account. Please keep your payment method information current (e.g., debit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from yourQR Pay Africa account.

Authorization to Charge your Payment Method

General authorization to charge your payment method by linking a payment method to your QR Pay Africa account, as described in the section Link or Unlink a Payment Method, you authorize us to charge such linked payment method for the payment amount and any applicable fees (a) whenever you choose such linked payment method to send money or buy something using QR Pay Africa, (b) in connection with any errors, claims, or disputes, and (c) for amounts you owe to us. Authorization of specific transactions each time you make a payment, as described in the section Making Payments, or buy something, as described in the section Buying Something from Authorized Merchants, you authorize us to charge the selected payment method or backup payment method for the payment amount and any applicable fees. If the amount of your transaction changes after checkout (for example, if the amount increases because you add another product or service like expedited delivery or if the amount decreases or is split because a portion of your order is canceled or delayed), you authorize us to charge the selected or backup payment method in the revised amount. If you have entered into an automatic payment agreement with a seller, you authorize us to charge your selected payment method each time you make a purchase from the seller, including via recurring or installment payments or any other future transactions scheduled in advance. If your selected payment method cannot be charged, you authorize us to charge the relevant backup payment method linked to your QR Pay Africa account. Revoking your authorization you can revoke our authority to charge a payment method by unlinking that payment method from your QR Pay Africa account as described in the section Link or Unlink a Payment Method. Such revocation only applies to transactions that are initiated after you unlink the payment method. It does not affect our authority to charge the payment method for a transaction you have already authorized, including our authority to re-present a charge to the unlinked payment method or charge the unlinked payment method as a backup payment method if the original transaction occurred before you unlinked that payment method. Unlinking a payment method also does not revoke our authority to charge or credit the payment method in connection with an error, dispute, or claim with respect to a transaction initiated before you unlinked that payment method.

If you have a payment method selected for a connected business, you may not be able to unlink that payment method until you select a different payment method in the “Connected Businesses” settings in yourQR Pay Africa app or by disconnecting the business as explained in the section Billing agreement payments and preauthorized payments. If there is a pending transaction with a seller where you have authorized the transaction, but the seller has not yet completed the transaction, you may not be able to unlink the payment method used until the transaction is completed or you select an alternative payment method.

Using Money Sent to You on QR Pay Africa

To hold a QR Pay Africa balance and use money sent to you for QR Pay Africa payments to other users or authorized merchants, we must verify the required identifying information you provide to us. The required identifying information is:

For a personal account or a business profile of an unincorporated business/sole proprietorship: name, physical address, date of birth, and social security or taxpayer identification number; or
For a business profile of any other type of business legal entity: business name, business address, taxpayer identification number, and proof of business existence.

Until you verify the required identifying information, you will be able to receive money into your QR Pay Africa account, but you will only be able to transfer the money you receive out of QR Pay Africa to a linked bank account or debit card.

Receiving Money into Your QR Pay Africa Account

Adding money If we have verified the required identifying information that you provide to us, QR Pay Africa may offer you the ability to add money to your QR Pay Africa balance from a linked bank account, Mpesa or through Direct Deposit and remote check capture features, and may also offer you, subject to the applicable fees found on the Fees page. Otherwise, you cannot add money.

Direct Deposit If you are eligible for Direct Deposit and we have verified your required identifying information, you may arrange to have all or part of your paycheck or any federal or state government benefit or payment transferred directly into your personal account by your employer or government payer, as applicable, by using the Direct Deposit feature (Direct Deposit).

Transferring Money out of Your QR Pay Africa Account

Money in your QR Pay Africa account may be transferred out of QR Pay Africa by:

Transferring it via standard transfer to a bank account, Mpesa or an eligible debit card linked to your QR Pay Africa account for free, or
Transferring it via QR code Instant Transfer to an QR Pay Africa user or bank account linked to your QR Pay Africa account, subject to the fees applicable to such transfers that can be found on the Fees page.

You can manage linked payment methods in the Payment Methods section of your QR Pay Africa account settings. We may set limits on your money transfers, and you can view real time statement and money transfers limits on given transfer. Fees and limits may change from time to time in our sole discretion. Bank transfer reviews We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your QR Pay Africa account activity and the activity of users with whom you have transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your QR Pay Africa account and access to the money in it or that is sent to you until verification is completed. Reviews may result in:

delayed, blocked or cancelled transfers;
money or payments being held by us;
money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
account limitation, suspension or termination;
money or payments being seized to comply with a court order, warrant or other legal process; and/or
money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised QR Pay Africa account, or if you (or a Teen User) were a participant in a transaction for goods and services among personal accounts. QR PAY AFRICA SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE QR PAY AFRICA TO TRANSACT WITH PEOPLE YOU DON’T KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. UNLESS QR PAY AFRICA EXPRESSLY AUTHORIZES YOUR PAYMENT FOR A GOOD OR SERVICE, FOR EXAMPLE, TRANSACTIONS WITH AN AUTHORIZED MERCHANT OR BUSINESS PROFILE, TRANSACTIONS MADE WITH YOUR QR PAY AFRICA DEBIT CARD OR TEEN DEBIT CARD, OR PAYMENTS THAT ARE IDENTIFIED AS FOR GOODS AND SERVICES, PAYING OR RECEIVING PAYMENT FOR A GOOD OR A SERVICE IS PROHIBITED. IF YOU USE QR PAY AFRICA TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE MONEY SENT FOR THEM.

Account Statements

You have the right to receive account statements showing your QR Pay Africa account activity. You may view your QR Pay Africa account statements below every specific page of transaction.

Making Payments

Using your personal or business profile, you can send money to a QR Pay Africa user using a QR Code provided from their account or simply use their email address.

Payments with friends

You can send money to a friend using a QR code in seconds in your QR Pay Africa account (sometimes called “personal payments” or “peer-to-peer/P2P payments”). You can send money to a friend, using their email address or QR Code. If the friend does not have a QR Pay Africa account, they can claim the payment by opening a QR Pay Africa account. If they don’t claim any money sent within 30 days of the date it is sent, the payment will be cancelled and any money (including any fees you were charged) will be sent back to you.

Payments for goods and services

Payments for the sale of goods or services made using QR Code or email feature in your QR Pay Africa account must either be identified as for goods and services or sent to business profiles. Certain Qualifying Payments made to a business profile or that are marked as for goods and services are eligible for the QR Pay Africa Purchase Protection Program. Sellers must keep appropriate transaction documentation and we may request such information to investigate claims made under the QR Pay Africa Purchase Protection Program. If a seller does not provide adequate documentation, or we determine, in our sole discretion, that a claim qualifies for the QR Pay Africa Purchase Protection Program, we may initiate a refund to the buyer by reversing the payment from the seller’s account, as explained further in section Refunds for Transactions.

Fees and limits

We may, at our discretion, impose limits on the amount and/or the number of payments and transfers you can send and receive. The fees applicable to receiving, withdrawing and sending money can be found on the Fees page. If a credit card is used as the payment method when sending money, the card issuer may also charge a cash-advance fee. In order to manage risk, we may limit the payment methods available to make a payment. Fees and limits may change from time to time in our sole discretion.

Fees and limits

We may, at our discretion, impose limits on the amount or the number of payments that may be sent, including money sent for authorized merchant purchases. Fees and limits may change from time to time in our sole discretion.

Payment review

We review payments made with your QR Pay Africa account at our discretion. When we identify a potentially high-risk payment to an authorized merchant, we review the transaction more closely before allowing it to proceed. When this happens, we will place a hold on the transaction and notify the merchant to delay shipping of the item. As a buyer, this may delay receipt of the item purchased. If we clear the transaction, we will notify the merchant and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the money to you, unless we are legally required to take other action.

Billing agreement payments

You can agree with an authorized merchant to use QR Code as the payment method for future payments with that merchant. This agreement is between you and the authorized merchant and allows the merchant to take payments from your QR Pay Africa account with your authorization either on a one-time, regular or sporadic basis, depending on the type of billing agreement.

Refunds

When you buy something from an authorized merchant using QR Pay Africa and the transaction is ultimately refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used.

Selling on QR Pay Africa

You can receive payments for the sale of goods and services only if you are a merchant or by asking the sender to identify a payment as for goods and services. As a merchant on QR Pay Africa, including receiving payments in your business profile or that are identified as for goods and services, is subject to applicable fees for such payments found on the Fees page. If you refund a transaction to a buyer, there are no fees to make the refund, but the fees you originally paid as the seller are not returned. We may restrict the use of your QR Pay Africa account, including any business profile, if the selling activity through the account, including any business profile, reaches certain thresholds, involves certain activities or violates any terms between you and us. In addition, if your selling activity meets certain transaction thresholds, we may require you to provide additional information and documentation to us from time to time for tax reporting or other reasons (for example, to verify your business activities or resolve claims or disputes), and we may suspend or place limits on your QR Pay Africa account until we receive the requested information and documentation.

Setting up a Business Profile

QR Pay Africa may offer you the ability to create a single business profile in addition to your personal account. To be eligible, you can sign up as a merchant to a QR Pay Africa account in good standing and complete any required application process, including verification of the required identifying information. As a business profile is part of your QR Pay Africa account, any and all terms applicable to your QR Pay Africa account will also govern the business profile, unless otherwise specifically stated. QR Pay Africa virtual Card transactions cannot be funded by any funds held in your business profile, and instead can only be funded by funds held in your personal account. The information you use to complete your business profile must be accurate, and any descriptions, pictures or other content associated with your profile must be owned by you and comply with the Content Standards below.

By creating a business profile, you authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity or the status of your business. This may include ordering a personal and/or business credit report from a credit reporting agency or verifying your or your business’s information against third party databases or other sources.

QR Pay Africa Virtual Card

As part of the QR Pay Africa services, you may be offered the opportunity to buy a QR Pay Africa virtual card (referred to herein as “QR Pay Africa Debit Card”). The QR Pay Africa Virtual Card is a visa card linked to your QR Pay Africa account, funded by your QR Pay Africa account balance and may be used everywhere Mastercard is accepted for card payments.

Using QR Pay Africa as a Payment Method

The transaction type, among other factors, determines when and how we use your preferred payment method, as explained on Payment Methods. You can manage payment methods in your merchant account settings.

Holds and Limitations

What are holds and limitations

Under certain circumstances, in order to protect QR Pay Africa and the security and integrity of the network that uses the QR Pay Africa services, QR Pay Africa may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your QR Pay Africa account, including any associated business. Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of QR Pay Africa, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your QR Pay Africa account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that QR Pay Africa may take under certain circumstances either at the transaction level or the account level. When QR Pay Africa places a temporary hold on a transaction, the money is not available to either the sender or the recipient. QR Pay Africa reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.

Holds based on QR Pay Africa’s risk decisions

We may place a hold on transactions involving your QR Pay Africa account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your QR Pay Africa account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties. Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.

Account Limitations

Limitations may be placed on your QR Pay Africa account to help protect QR Pay Africa and QR Pay Africa users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your QR Pay Africa account open. There are several reasons why your QR Pay Africa account could be limited, including:

If we suspect someone could be using your QR Pay Africa account without your knowledge, we’ll limit it for your protection and look into the unusual activity.
If another financial institution alerts us that someone has used one of your linked payment methods without permission.
In order to comply with the law.
If we reasonably believe you have violated or breached this agreement or the Acceptable Use Policy or Content Standards.

You will need to resolve any issues with your QR Pay Africa account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your QR Pay Africa account, placing a hold or limitation on your QR Pay Africa account, or releasing the funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you, or your QR Pay Africa account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your QR Pay Africa account, you should regularly log into your QR Pay Africa account and review your QR Pay Africa account statement. We will notify you of each transaction by sending an email to your primary email address on file and/or creating a story in your feed, depending on your preferences. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed. We will protect you from unauthorized activity in your QR Pay Africa account. The following terms and conditions apply with respect to all QR Pay Africa services, other than those associated with the QR Pay Africa Virtual Card.

When the below protection applies, we will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your QR Pay Africa account that you did not authorize and that did not benefit you. For example, if someone steals or fraudulently obtains your password, uses the password to access your QR Pay Africa account, and sends a payment from your QR Pay Africa account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

If you grant authority to someone to use your QR Pay Africa account (by giving them the login information) and they exceed the authority you gave them. You are responsible for transactions made in this situation unless you have previously notified us that you no longer authorize transfers by that individual.
Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your QR Pay Africa login information has been lost or stolen, please contact QR Pay Africa customer service immediately or call: +254-795-349-691 or write: Attn: QR Pay Africa Error Resolution Department.Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your respective login information or by other means, or if your QR Pay Africa-activated mobile phone has been lost, stolen, or deactivated. You could lose all the money in your QR Pay Africa account. If you tell us within 60 days after we provide you your QR Pay Africa account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions. Also, if your QR Pay Africa account statement shows transfers that you did not make, including those made with your QR Pay Africa login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods. Filing a chargeback or reversal with your financial institution related to a QR Pay Africa payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by reaching out to QR Pay Africa customer service or calling: +254-795-349-691 or writing: QR Pay Africa Error Resolution Department.

Error Resolution

What is an error

An “error” means the following:

When money is either incorrectly taken from your QR Pay Africa account or incorrectly placed into your QR Pay Africa account, or when a transaction is incorrectly recorded in your QR Pay Africa account.
You send a payment and the incorrect amount is debited from your QR Pay Africa account.
An incorrect amount is credited to your QR Pay Africa account.
A transaction is missing from or not properly identified in the account statement.
We make a computational or mathematical error related to your QR Pay Africa account.

What is not considered an error

The following are NOT considered errors:

If you give someone authority to access your QR Pay Africa account (for example, by giving them your login information) and they exceed their authority. You are responsible for transactions made in this situation.

In case of errors or questions about your electronic transfers

Telephone us at +254-795-349-691, contact us through the Help Center on the QR Pay Africa website; or write us QR Pay Africa Error Resolution Department. Notify us as soon as you can if you think the 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. For problems or errors on Teen Accounts, you must report these to us following these instructions. Filing a chargeback or reversal with your financial institution related to a QR Pay Africa payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:

Tell us your name and email address.
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 shillings 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 determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. 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 provisionally credit your QR Pay Africa account within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit, so that you will have the use of the money during the time it takes us to complete our investigation. 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 credit your QR Pay Africa account. For errors involving new QR Pay Africa accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new QR Pay Africa accounts, we may take up to 20 Business Days to credit your QR Pay Africa account for the amount you think is in error. We will tell you the results within 3 Business Days after completing our investigation.

If we determine that there was an error, we will promptly credit the full amount of the error into your QR Pay Africa 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.
If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your QR Pay Africa account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

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

You receiving less than the correct amount to which you were entitled, then we will credit your QR Pay Africa account for the difference between what you should have received and what you actually received.
You receiving more than the correct amount to which you were entitled, then we will debit your QR Pay Africa 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 or a Teen User 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 us applying holds or limitations.
Delays based on a payment review or bank transfer review.
Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.
Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

Communications Between You and Us

By providing us your mobile phone number and opting in to receive text messages, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to:

service your QR Pay Africa branded accounts,
investigate or prevent fraud, or
collect a debt.

We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. By providing us a mobile phone number and opting in to receive text messages, you are indicating that you are the owner of that mobile number and you are agreeing that we, including our affiliates, may contact that number using autodialed or prerecorded message calls or text messages to service your Account. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by QR Pay Africa. You can decline to receive autodialed or prerecorded message calls or texts to the mobile phone number by replying STOP to a message from the phone number you wish to be opted-out from such messages or by sending an email to contactoptout@QRpayafrica.com from the email associated with the account with the following message:

Please do not contact my phone with autodialed or prerecorded message calls or text messages.

The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. We may share the mobile phone number(s) you provide to us with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. We may communicate with you about your QR Pay Africa account and the QR Pay Africa services electronically as described in our Consent to Receive Electronic Disclosures. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it. You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf regarding your QR Pay Africa account has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this user agreement, your access to or use of our websites, software, systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf or some or all of the QR Pay Africa services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you.

Security interest

As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your QR Pay Africa account and any other funds held in our possession.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from money that is sent to your QR Pay Africa account later, either by you or from payments sent to you. While you owe amounts to us, we may:

reverse payments you have sent;
engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and
place a limitation or take other action on your QR Pay Africa account as outlined under Restricted Activities and Holds.

If you have more than one QR Pay Africa account, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one QR Pay Africa account against money in or money sent to your other QR Pay Africa account(s). If you continue using your QR Pay Africa account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your QR Pay Africa account. In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your QR Pay Africa account or accounts held at our affiliates or various products to pay any amounts that are past due.IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT LINKED PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTIONS MAY CHARGE.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the Kenyan Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.

Assumption of rights

If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume you’re rights against the recipient and third parties related to the payment and may pursue those rights directly or on your behalf, in our discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “” to refer to Limited., our parent company, and our affiliates, and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify for actions related to your QR Pay Africa account and your and any use of the QR Pay Africa services. You agree to defend, indemnify and hold harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the QR Pay Africa services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your QR Pay Africa account or access our websites, software, systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf, or any of the QR Pay Africa services on your behalf.

Limitation of liability

’s liability is limited with respect to your QR Pay Africa account and your use of the QR Pay Africa services. In no event shall be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf, any of the QR Pay Africa services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Buffiris is not liable, and you agree not to hold Buffiris responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

(1) your use of, or inability to use, our websites, software, systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf, or any of the QR Pay Africa services;

(2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf and any of the QR Pay Africa services;

(3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf or any of the QR Pay Africa services or any website or service linked to our websites, software or any of the QR Pay Africa services;

(4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf or any of the QR Pay Africa services or in the information and graphics obtained from them;

(5) the content, actions, or inactions of third parties;

(6) a suspension or other action taken with respect to your QR Pay Africa account; or

(7) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.

Disclaimer of Warranty and Release

No warranty

The QR Pay Africa services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not have any control over the products or services provided by sellers who accept QR Pay Africa as a payment method, and we cannot ensure that a QR Pay Africa user or a seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the QR Pay Africa services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the QR Pay Africa services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the QR Pay Africa services are dependent upon many factors outside of our control, such as delays in the banking system.

Your Release of Us

If you have a dispute with any other QR Pay Africa account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Agreement to Arbitrate

You and Buffiris agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the QR Pay Africa services or your QR Pay Africa account) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:

Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury.
Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice. If you are a new user, the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.

If a dispute arises between you and Buffiris regarding the QR Pay Africa services, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Buffiris regarding the QR Pay Africa services may be reported to customer service online through the QR Pay Africa Help Center at any time, or by calling +254-795-349-691 from 8:00 AM to 8:00 PM CT seven days a week.

Content Posted by Users

When using QR Pay Africa’s products and services, you may have the ability to post content (e.g., payment descriptions, business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit. You are also responsible for content posted.We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on QR Pay Africa. Buffiris does not endorse, guarantee, make representations or provide warranties regarding any such content. Buffiris may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. Buffiris shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. Buffiris is not responsible for any failure or delay in removing any such content.

Content Standards

You may not post or submit any content that violates our Acceptable Use Policy or any content that is:

false, misleading, deceiving, inaccurate or dishonest
defamatory or invasive of another person's right of privacy or right of publicity
harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication
inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect
illegal, such a criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy
infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have the permission to use
creating a privacy or security risk to any person.
spam, letters or pyramid schemes
in Buffiris’s sole discretion, objectionable or exposes users to harm or liability.

Please report inaccurate, inappropriate or offensive content, policy violations or other violations to our Content Standards (other than intellectual property infringement claims, which are covered in section Submitting Intellectual Property Complaints) using this link.

Intellectual Property

Our trademarks"QR Pay Africa.com," "QR Pay Africa," and all logos related to the QR Pay Africa services are either trademarks or registered trademarks of Buffiris or Buffiris’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Buffiris. You may not copy, imitate, modify, or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the QR Pay Africa services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes QR Pay Africa or the QR Pay Africa services or display them in any manner that implies QR Pay Africa’s or Buffiris’s sponsorship or endorsement. All right, title and interest in and to the QR Pay Africa websites, any content thereon, the QR Pay Africa services, the technology related to the QR Pay Africa services, and all technology and any content created or derived from any of the foregoing is the exclusive property of Buffiris and its licensors.

License grants, generally

If you are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Buffiris grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software, including this user agreement. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the QR Pay Africa services. If you do not comply with implementation, access and use requirements you agree you will be liable for all resulting damages suffered by you, us and/or third parties.

We may update or discontinue any software upon notice to you. While we may have

(1) integrated certain third party materials and technology into any web or other application, including its software, and/or

(2) accessed and used certain third party materials and technology to facilitate providing you with the QR Pay Africa services, you have not been granted and do not otherwise retain any rights in or to any such third party materials.

You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to our software are owned by Buffiris and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you uses on the QR Pay Africa websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Buffiris does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the QR Pay Africa services.

License grant from you to Buffiris; intellectual property warranties

We do not claim ownership of the content that you provide, upload, submit or send to us. When you provide content to us or post content using QR Pay Africa services, you grant us, our affiliates and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, language, medium or technology now known or later developed. We will not compensate you for any content. You further represent and warrant that

(1) you own or otherwise have all the licenses, rights, consents and permissions in your content necessary to make the above license and grant, including the license and grant on behalf of any user,

(2) your content is accurate and

(3) your content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law.

Further, you agree to waive your moral rights, and promise that you will not to assert any rights in your content against us.

Submitting Intellectual Property Complaints

We respect the intellectual property of others and require that QR Pay Africa account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the QR Pay Africa platform that is subject to intellectual property rights claims. Buffiris will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your intellectual property rights have been infringed by content on the QR Pay Africa platform, you may request a removal of this content from our website by submitting this Infringement Report Form to infringementreport@QRppayafrica.com Attn: Buffiris Acceptable Use Policy If you believe that content you posted on the site was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA. We may terminate an infringer’s access to QR Pay Africa products or services in our sole discretion and we have a policy to terminate accounts of repeat infringers.

Miscellaneous

Assignment

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

Business Days“Business Day(s)” means Monday through Friday, excluding holidays when QR Pay Africa’s offices are not considered open for business in Kenya Holidays include New Year’s Day (January 1), Good Friday (April 7^th), Easter Monday (April 10), Eid al-Fitr (April 21^st), Labour Day (May 1st), Madaraka Day (June 1^st), Eid al-Adha (June 28^th), Huduma Day (Oct 10^th), Mashujaa Day (October 20th), Jamhuri Day (December 12^th), Christmas Day (December 25^Th). If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams and:

Seller Scam: a scammer sends you a fraudulent payment for goods or services you provide outside of QR Pay Africa.
Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their money.

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Remember that if you don’t make a Qualifying Payment, you’re not covered by QR Pay Africa Purchase Program. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your personal account for two or more years, we may close your QR Pay Africa account and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your QR Pay Africa account. If your address is unknown, any of your funds held in our possession will be escheated to unclaimed asset recovery. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable unclaimed asset, please contact the applicable state’s unclaimed property administrator.

Google Maps

Your use of Google Maps while using the QR Pay Africa services on the QR Pay Africa app is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of Kenya, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Buffiris regarding your use of the QR Pay Africa services.

Identity authentication

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

asking for further information, such as date of birth, ID number, taxpayer identification number, physical address and other information that will allow us to reasonably identify;
requiring steps to confirm ownership of an email address, phone number or financial instrument;
requiring you to provide a driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain QR Pay Africa services. We reserve the right to close, suspend, or limit access to your QR Pay Africa account and/or the QR Pay Africa services in the event that, after reasonable enquiries, we are unable to obtain information required to verify your identity.

Money Transmitter Licenses

is a licensed provider of money transfer services and all money transmission is provided by Buffiris Limited., pursuant to Buffiris, Inc.’s licenses. See our licenses for additional information and for disclosures that Buffiris, Inc. is required to post by certain jurisdictions.

QR Pay Africa is only a payment service provider

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

Act as an escrow agent with respect to any money sent to you on QR Pay Africa that has not been transferred;
Act as your agent or trustee;
Enter into a partnership, joint venture, agency or employment relationship with you or a Teen User;
Guarantee the identity of any user or seller;
Determine if you are liable for any taxes; or
Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from use of our services.

Privacy

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

Third party providers

The QR Pay Africa app works on an application linked to a particular device and operating system, such as android devices or Apple’s iOS operating system. Your use of the QR Pay Africa services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your mobile device manufacturer (e.g., Apple®, Samsung®), your mobile service carrier (e.g., Safaricom®, or Airtel®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree that you will comply with all applicable third-party terms of agreement when using the QR Pay Africa Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Bufiris, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the QR Pay Africa services and for providing maintenance and support services for the QR Pay Africa services.

Covered Third Parties have no warranty obligations whatsoever with respect to the QR Pay Africa Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the QR Pay Africa services to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the QR Pay Africa services, including, but not limited to:

product liability claims;
any claim that the QR Pay Africa Services fail to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection, privacy, or similar legislation; and
intellectual property claims.

If you are using the QR Pay Africa Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the QR Pay Africa services.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your QR Pay Africa account or your relationship with Buffiris. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information; Data protection laws

If you receive information about any QR Pay Africa customer, you must keep the information confidential and only use it in connection with the QR Pay Africa services. You may not disclose or distribute any information about QR Pay Africa 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 QR Pay Africa customer or use the QR Pay Africa 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. 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 data protection laws by us.