Terms of Service

Welcome to YAFPAY

This contract is between you and Yafpay Inc. (“Yafpay”, “we”, “us”, or “our” as applicable), and covers all aspects of your use of our Services, which include the website, app and any other materials produced by Yafpay. These terms apply in full force and when you create a Yafpay Account, access our Services, or otherwise interact with us, you agree to be bound by this Agreement and agree to receive communication relating to the Services or your Yafpay Account in electronic format. Additionally, you affirm that you are at least eighteen (18) years old and legally allowed to enter into this Agreement. You expressly accept all Terms and Conditions contained herein in full and without limitation or qualification, including our: Privacy Policy and Acceptable Use Policy. You must not use any of the Services if you have any objection to any of these terms. It is essential that you read and understand all the terms of each of our policies as well as all the other agreements that are applicable to you. For certain Services, we may have additional terms and conditions that we will communicate to you through the Service or by other means, and these supplementary terms and conditions shall be included in this Agreement.

Purpose and Scope of Agreement

This Terms of Service is an Agreement between you and Yafpay. It sets forth the terms and conditions that shall govern the use of the Platform and the services. It details Yafpay’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as the provision of this Agreement will bind you through your use of this website or any of our services. Our Services permit you to move money in supported currencies, send or receive money into your Yafpay Balance, keep amounts in your Yafpay Balance, convert currency balances to balances in other supported currencies, pull out funds held in your Yafpay Balance, and send funds to recipients. We carry the sole authority to refuse to accept any user or to complete any command to transmit, receive, send, withdraw or convert money held in your Yafpay Account at any time.

Registration

• To use Yafpay, you have to create a Yafpay account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You permit us to do all these.
• In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs, You agree to notify us within 14 days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us.

Getting to know You

We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction e.g. your recipient) in order to provide any services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. Yafpay reserves the right to close, suspend, or limit access to your Yafpay Account and/or the Services in the event we are unable to obtain or verify this information. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update or renew your Yafpay account with us or in the event of a dispute relating to this agreement and activity under your Yafpay account.

Account Security

You are solely responsible for maintaining adequate security and control of any email IDs, passwords, or other details you use to access your Yafpay Account and Services. You agree not to allow anyone else to have or use your password details and comply with all reasonable instructions regarding account access and security. In the event you share your password details, Yafpay will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Yafpay’s services (including, without limitation, enabling 2FA, using PIN and/or password-protected personally configured device functionality to access Yafpay’s services and not sharing your device with other people). Immediately change your password and contact Yafpay customer support if:

• anyone asks for your password, OTP or any other security-related aspect of your Yafpay Account.
• your email address becomes compromised.
• you suspect your Yafpay Account or login details including your password or any other security features are stolen, lost, used without authorization or otherwise compromised.
• your transaction history for your Yafpay Account shows transactions that you did not initiate.

Age Restriction

Our Services are not directed, or intended to be attractive, to children under the age of 18. We do not knowingly collect Personal Information from children under the age of 18. If you are under the Age Limit, please do not use the Services, and do not provide any personal data to us. If as a parent or guardian, you become aware that your child or ward child has provided us with any information without your consent, please contact us through the details provided in this Privacy Policy.

Software License

For businesses, we hereby grant you a revocable, non-exclusive, non-transferable license to use Yafpay’s APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with Yafpay’s services. If you do not comply with the documentation and any other requirements provided by Yafpay, then you will be liable for all resulting damages suffered by you, Yafpay and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.

Warranties and Representations

You represent and warrant to Yafpay that:

• You have the full power, authority, regulatory approval and corporate authorisation to enter into, execute, deliver and perform this Agreement.
• You are duly organised, authorised and in good standing under the laws of any state, region or country of your organisation. You are duly authorised to do business in all other states, regions or countries in which your business operates.

Charges and Fees

You agree to pay us for the services we render. Our Fees will be calculated as demonstrated on the Pricing page on the website. Subject to the terms of this Agreement, Yafpay will send to your designated bank or card settlement account (“Bank Account”) all amounts settled and due to you from your transactions, minus our stated fees, any Reversals, Invalidated Payments, Chargebacks, Reversals, Refunds or other amounts that you owe to Yafpay under this Agreement (“Payout”). Should either Party in good faith have cause to dispute any amount appearing on an invoice submitted by the other Party pursuant to this Agreement (“Affected Invoice”), the affected Party shall, within Forty-Eight (48) hours of receipt of the Affected Invoice, notify the other Party in writing, of such dispute, specifying the Affected Invoice, the specific amount in dispute and alleged reasons or grounds for dispute, failing which it will be deemed that the invoice is true and correct. We reserve the right to revise our fees. In the event that we revise our fees, we will notify you within twenty-four (24) hours of such change.‍

Virtual Cards

‍Grey provides Virtual Cards in conjunction with its bank account. You can find frequently asked questions (FAQs) regarding these virtual cards linked here In the event that you initiate two repeated transactions with insufficient funds using the Yafpay card, our system will detect and flag your account, resulting in a temporary freeze of the card’s functionality. Should this particular scenario repeat for a consecutive total of four instances, the card will be subject to immediate termination. Please be aware that if you request a new card subsequent to the termination or deletion of a previous card, a new card creation fee will apply.

Transactions, Services and Payments

‍You can deposit money to your Yafpay Account through one or more methods such as; bank transfer (ACH, wire or swift, FPS or Chaps, SEPA tranfers etc.), credit cards or debit cards. The number of methods available to you will depend on a number of factors. Deposits into your Yafpay account are provided by third parties, for example, the card provider which issued your credit or debit card. We cannot guarantee the use of any particular deposit method and when appropriate, we may restrict or prohibit a particular deposit method at any time without notice to you. We will credit your Yafpay Account once we have received your deposit, and we are only responsible for the funds deposited once we have received it. In certain instances, you may be asked to provide us with evidence of source of funds in order for us to meet our regulatory requirements, in which case you agree to provide that evidence promptly. You represent and warrant to us that the evidence you provide to us is up to date, complete and accurate. Yafpay is not a bank and banking services are provided by third party partner banks. The specified bank account details that we provide to you in order for you to receive funds from third parties are for accounts held by Yafpay (and we will credit your Yafpay Account, which is held by us, upon receipt of such funds), and are not for a bank account held by you. Funds held by Yafpay are not insured by the Federal Deposit Insurance Corporation (FDIC) or any other deposit protection scheme. All Customer Funds are safeguarded; this means Yafpay does not use balances held by its customers for operating expenses or other corporate purposes and will not voluntarily make such funds available to its creditors in the event of bankruptcy. You must ensure that the information you provide to us when you send or withdraw money is accurate. Once a transaction is processed, it cannot be reversed (except where and to the extent, required by applicable law) and except as expressly set forth in this Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf).

Intellectual Property

‍Unless otherwise stated, Yafpay and/or its licensors own the intellectual property rights and materials on the website subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Yafpay website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the website are subject to the intellectual property rights of Yafpay and its affiliates and their licensors and licensees (collectively the “Content”). We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. This Content may not be copied, reverse-engineered, decompiled, disassembled, modified or reposted to other websites. Nothing on the Yafpay site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Yafpay website without the written permission of Yafpay or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

Confidential Information

‍The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know-how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations, or (iv) is independently developed by the receiving party. As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

Disclaimers

‍YAFPAY WILL TRY TO ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG-FREE. HOWEVER, IT IS USED AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YAFPAY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM YAFPAY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, 'YAFPAY PARTIES') SHALL CREATE ANY WARRANTY. WE HAVE THE RIGHT TO SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF OUR SERVICE WITHOUT NOTICE. WE WILL NOT BE LIABLE TO YOU IF FOR ANY REASON OUR SERVICES ARE UNAVAILABLE (IN WHOLE OR IN PART) AT ANY TIME OR FOR ANY PERIOD. YOU ARE RESPONSIBLE FOR MAKING ALL ARRANGEMENTS NECESSARY FOR YOU TO HAVE ACCESS TO THE SERVICES.

Limitation of Liabilty

‍YOUR USE OF YAFPAY’S SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: YAFPAY WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER YAFPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF ABOKI AFRICA’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE OR ARISING FROM THE RESULT OF USE OF YAFPAY’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Know your Customer

‍For businesses, you agree that you are solely responsible for verifying your customers' identities, ensuring that they are authorised to carry out the transactions on your platform, and determining their eligibility to purchase your products and services. You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide Yafpay with these.

Indemnity

‍You hereby indemnify Yafpay and undertake to keep Yafpay, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms, or arising from a suspension or other action taken with respect to your Yafpay Account, or arising from your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement or any other Yafpay policy. You will indemnify and hold Yafpay harmless from and against any claim, suit or proceeding brought against Yafpay arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services. If you have a dispute with any other Yafpay Account holder or a third party that you send money to or receive money from using the Services, you release Yafpay 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.

Termination

‍Yafpay may take further actions it deems appropriate to deal with the breach, which may include, suspending your access to the website, prohibiting you from accessing the website and Services, blocking computers using your IP address from accessing the website and Services, contacting your internet service provider to request that they block your access to the website and Services and/or bringing court proceedings against you. We may also suspend your Yafpay Account if it has been compromised or for other security reasons; or has been used or is being used without your authorization or fraudulently. If we close your Yafpay Account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted prepaid money held in your Yafpay Account available for withdrawal. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by Yafpay, any other Yafpay customer, or a third party, caused by or arising out of your breach of this Agreement, and/or your use or the use of your authorized third parties of the Services. You agree to reimburse Yafpay, any Yafpay customer, or a third party for any and all such liability. On termination for any reason, all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices. You may terminate this Agreement by closing your Yafpay Account. We may, in our sole discretion suspend or close your Yafpay Account and your access to Yafpay’s services and any funds, or terminate this Agreement, If;

• reaching out to the customer service support available on the website.
• sending an email to hello@yafpay.com

Dispute Resolution

If a dispute of any kind whatsoever arises between the Parties in connection with or arising out of the execution of this Agreement, including but not limited to any dispute as to opinion, instruction, determination, assessment, estimate, valuation, certification or invoice submitted by a Party, or in connection with this Agreement construction, validity, interpretation, enforceability of this Agreement shall be finally settled pursuant to the dispute resolution process described in this clause. The Parties shall use their best endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion and negotiation pursuant to this clause. If the Parties are unable to settle the dispute as indicated above within 15 (fifteen) Business Days, the dispute shall be referred to Mediation by the legal representative of either of the Parties. The parties will choose a mutually acceptable mediator. The findings of the Mediator and subsequent award/Agreement shall be binding on both parties. Each Party shall bear its respective costs in connection with the Mediation.

Severability

The invalidity, illegality or unenforceability of any of the provisions of this Agreement shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. Without our prior written consent, you may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Reversal and Chargebacks

If you receive a payment that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is reversed, Yafpay will refund or reverse the transaction from your Yafpay Account in the same currency as the original transaction. If your Yafpay Account balance for a particular currency is insufficient to cover the amount of a refund or reversal, Yafpay will perform a currency conversion in order to refund or reverse the transaction, subject to the exchange rate being offered by Yafpay in the applicable currencies at that time. If you receive a debit or credit card-funded payment through your Yafpay Account and you (or a third party) pursue a chargeback for the transaction with the card issuer, then Yafpay may assess you with a chargeback fee (for facilitating the chargeback process) and will remove the charged back funds from your Yafpay account. Payments to you may be invalidated and reversed by Yafpay if:

• Our investigation of a bank reversal finds that the transaction was fraudulent.
• Yafpay sent the payment to you in error
• The payment was unauthorized.
• You received the payment for activities that violated this Agreement, the Acceptable Use Policy, or any other agreement between you and Yafpay.

Updates, Modification & Adjustments

Yafpay reserves the right to change, revise or modify these Terms from time to time by updating this page. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern our relationship with you. We will also try to notify you of any material changes which could be done via the email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.

Third-Party Materials

Certain Website or App functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. Any access or consent you give to such third-party materials is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

Govering Law

The formation, existence, construction, performance, validity and all aspects whatsoever of this Terms of Service or of any term of this Agreement will be governed by the Laws of the United States of America.

Contact us

If you have any questions, comments, or concerns with respect to your Personal Information or this Privacy Policy, you may contact us by:

• reaching out to the customer service support available on the website.
• sending an email to hello@yafpay.com