ZANGUPAY

                                      TERMS OF USE

Zangupay Terms of Use

Please read these terms carefully.

1.         Zangupay provides a digital platform (the “the Platform”) to facilitate payments and other financial transactions. While we offer a seamless experience, the actual collection and storage of funds are facilitated through our regulated partner, Tanda Africa, a Banking-as-a-Service provider licensed by the Central Bank of Kenya (CBK).

1.1         By clicking/checking the “I accept” button/box, accessing the Platform or utilizing our Services you acknowledge that you have read and understood and agree to be bound by these Terms. The Services are not available to persons who are not legally eligible to be bound by these Terms, such as minors.

1.2         Your use of the Platform is governed by and conditioned upon your compliance and acceptance of these Terms.

2.       Definitions

Account: an online personal environment on the Platform that you can access by entering your telephone number/password/pin/ID Number.

Zangupay: The entity providing the Services. Also referred to as “we”, “us” or “our”.

Partner: Third-party service providers (e.g., Tanda Africa) that work with Zangupay to offer regulated financial services.

Platform: The Zangupay online platform accessible via mobile or web.

Services: services rendered by Zangupay to Users via the Platform.

User: a person or legal entity using the Platform. Also referred to as “you”.

3.     The Platform

3.1         Zangupay facilitates the provision of financial services through third-party, licensed Partners. You may use the Platform to access these Services.

3.2         Zangupay is not responsible for the regulatory compliance of Partners or for any product or service-specific terms provided by them.

4.     Account

4.1         You may be required to create an Account to register for and/or use certain Services. You can create an account by providing your full name, telephone number, choosing a password, KRA PIN and ID number or Passport number as well as additional details.

4.2         You are entirely responsible for maintaining the security of your login credentials.

4.3    You shall not allow the use of your Account by any third party nor others that do not have the authority to represent you. You guarantee that any third party that uses your Account is authorized to represent you. You are fully responsible for the non-disclosure of your login credentials and the use of your Account.

4.4   You may only create 1 (one) Account on the Platform. If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform.

4.5         You agree to only provide correct and complete information when creating an Account on the Platform. Zangupay is not liable for any issues arising from false or outdated information.

4.6        We may suspend, block, or delete your Account in the event of fraud, legal violations, or disruption of our Platform. You are not entitled to any compensation in such cases.

4.7        Zangupay is not liable for the fulfillment of any agreements between you and third-party Partners unless otherwise required by law.

4.8         If you have a dispute with a Partner, you agree to pursue redress directly with that Partner.

4.9         You are responsible for ensuring compliance with applicable laws in your use of the Platform and Services.

5.         Payments

All payments shall be made through the Platform via our authorized payment Partners. Zangupay does not directly receive or store funds.

  1. Fees Owed to Zangupay

 Most Services are free to use unless otherwise stated. However:

  1. Applicable fees will be exclusive of VAT and other statutory charges unless expressly stated.

  1. All payments are processed through third-party regulated payment partners.

  1. Intellectual Property

Zangupay retains exclusive ownership of all intellectual property rights related to the Platform and Services, including but not limited to trademarks, copyrights, source code, designs, and domain names.

  1. Availability and Maintenance; Disclaimer Warranties

  1. The Services are available on handheld mobile devices running iOS and Android. Use of the Services requires one or more compatible devices, internet access and certain software, and may require obtaining updates or upgrades from time to time. High-speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

  1. Zangupay will make reasonable efforts to make the Services available at all times. However, you acknowledge that the Services are provided over the Internet and mobile networks and thus the quality and availability of the Services may be affected by factors outside the reasonable control of Zangupay.

  1. Zangupay may at its sole discretion, discontinue the Services and terminate these Terms, or update, modify or adapt (the features of) the Services from time to time without prior notice.

  1. Zangupay does not accept any responsibility whatsoever for the unavailability of the Services or any difficulty or inability to download or access content, or any other communication system failure which may result in the Services being unavailable.

  1.  Privacy

Zangupay processes personal data in accordance with the Kenyan Data Protection Act and other relevant laws. We are committed to protecting your privacy and payment data.

  1. Limitation of Liability and Indemnification

  1. Zangupay shall not be liable for any indirect, incidental, or consequential damages arising from use of the Platform.

  1. We are not liable for losses arising from reliance on inaccurate information provided by you.

  1. Zangupay is not in any event liable for:

  1.   the acts or omissions by Partners or third-party service providers;

  1. unauthorized access due to stolen or compromised devices;

  1.  service failures caused by external events (e.g., network outages); and

  1. any damage or alteration to the equipment of User including, but not limited to, computer equipment and devices as a result of the use of the Services.

  1. You agree to indemnify, defend and hold harmless Zangupay from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Services, your violation of these Terms or the infringement or violation by you or any other user of your Account, of any intellectual property or other right of any person or entity.

  1. Assignment

  1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

  1. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

  1. Third party rights

These Terms are for your and our benefit only and are not enforceable by third parties.

  1. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain valid and enforceable.

  1. Applicable law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Zangupay

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