1.Introduction

This User Agreement (hereinafter referred to as “Terms and Conditions”) is a contract between you and Viupay which governs your use of the Viupay account and Viupay services. Please read and understand the terms and conditions contained in this agreement before being agreed to be bound by its terms. 

1.1.The term “You” refers to all individuals and/or entities accessing the Viupay Service/ Mobile Application/ Viupay accounts for any reason.

1.2.The terms “we” and “Viupay” are used interchangeably and refer to Viupay itself, Viupay cashless and all individuals and/or entities acting directly on behalf of transactions for Viupay.

1.3.These Terms apply in full force and effect to your use of the Viupay Account and Viupay services and by using this Viupay Service or any of its online platforms, you expressly accept all terms and conditions contained herein in full. 

1.4.If you disagree with the contents of this agreement, you should not accept the terms and conditions set in this agreement and as a consequence, you shall be unable to use the Viupay account and Viupay services, or have any other concern, please email our customer care team on support@viupay.co.ke or call us on the following telephone number +254742991991.

1.5.These terms incorporated by reference in this Agreement override any terms or conditions previously published by Viupay.

1.6.This terms and conditions may be amended at any time by posting a revised version on our service. The revised version will be effective at the time of posting. 

1.7.We advise you to review the Terms of Use on a regular basis. It is your responsibility to ensure that you understand the Terms of Use.

2.Our Relationship 

2.1. Viupay is a digital platform that enables commuters who use public service vehicles and boda bodas in Kenya to pay their fares electronically through the platform provided. Viupay is an independent contractor for all purposes. Viupay does not have control of, or liability for, the products and services that are paid for with the Viupay services.

2.2.Viupay is powered by JamboPay. Consequently, by agreeing to these terms and conditions, you consent to concurrently being a JamboPay client.
 
2.3.Privacy: Protecting your privacy is very important to Viupay. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

2.4.Consent for Marketing activities: You hereby consent to use of your data for purposes of customer support, notices on your transactions, for troubleshooting purposes, for investigative purposes, for targeted marketing for Viupay and its affiliates, service update notices, and promotional offers. 

Viupay may contact you on your telephone number, through calls, text messages (SMS) or e-mail messaging as a Viupay account holder/ Viupay wallet subscriber to cross sell Viupay services, other Viupay affiliates services and services incidental to your subscription. 

2.5.Notices to You: You expressly consent to have Viupay send communications regarding your Viupay account and Viupay services electronically. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to your service or email/SMS it you. 

2.6.Calls recording: You agree to receive calls and SMS at the mobile phone number (registered during account opening). We shall not share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with our affiliates or with our service providers. You understand and agree that Viupay may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Viupay or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Viupay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Viupay, and Viupay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

3.Accounts

3.1.Eligibility: To open a Viupay Account or to use Viupay Services, you should be at least eighteen (18) years old. 

3.2.Opening a Viupay account: You may open an account electronically through the USSD Code *236# or any other process that may be availed to you. 

3.3.Identity Authentication: You authorize Viupay, directly, through third parties or otherwise to make any necessary inquiries to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address/phone number or financial instruments or verifying your information against third party databases or through other sources. Viupay reserves the right to close, suspend, or limit access to your account and/or the Viupay services in the event we are unable to obtain or verify this information. 

3.4.Access Responsibility:

3.4.1.You have full and unfettered access to your account subject to compliance to this agreement. 

3.4.2.Unauthorized access: You shall not use the access to your account to illegally access the Viupay system or any other person access and such unauthorized access shall mandate suspension of your account. Further to this any illegal transfer of money to your E-wallet shall mandate immediate suspension of your account. 

3.4.3.Password Security: You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Viupay Services. 

3.5.Dormant and Deceased persons accounts: If you fail to initiate any transactions or log in to your account for a period of two (2) years, Viupay shall presume your account dormant. Viupay shall make efforts to communicate to you to activate your account. Should you fail to initiate any log in into your account for a period of five (5) years your account shall be declared abandoned and any funds therein shall be transferred to the Unclaimed Financial Assets Authority or as the law shall provide. Upon notice of your demise, your account shall be temporarily suspended to prevent transactions from your account. Access shall be granted upon production of Grants of Probate or Letters of Administration or to your legal representatives duly appointed by a court of competent jurisdiction. Once all funds in a deceased persons account are withdrawn by a legal representative the account shall be closed. 

4.Insurance services. 
Insurance services shall be available to Viupay users in collaboration with third parties under their terms of agreement between Viupay and the various 3rd part. As a user of the insurance services, you agree to these Terms and Conditions by registering and signing into Viupay services or by doing such other thing as may be specified in the platform or otherwise by Viupay.

5.Anti Money Laundering

5.1.Viupay is committed to full compliance with applicable laws and regulations regarding anti money laundering. We do this to protect you as our customer and prevent people engaging into fraud through our platforms. 

5.2.We shall check all transactions and report any suspicious transaction to the relevant authorities in Kenya. If you become aware of any suspicious activity relating to any transaction, you must report this to us immediately by sending an email to the following address: support@viupay.co.ke

5.3.We may suspend, block or close your account and withhold funds, in accordance with the Prevention of Crime and Anti-Money Laundering Act No. 9 of 2009 or any relevant legislation or as demanded by the authorities.

5.4.As part of our compliance procedures, we shall collect information from you to satisfy our Know Your Customer requirements. This means that we may request information from you due to a specific identification requirement or as a result of our watch list screening process.

5.5.We may ask you to provide documentation to help confirm your identity or provide additional information regarding your business or identity. 

6.Warranty Disclaimer

6.1.Viupay will always ensure that the service is available at all times and bug free. However, it is used at your own risk. 

6.2.This service/ mobile application/Viupay services is provided “as is” without any representations or warranties, express or implied. Viupay makes no representations or warranties in relation to this service/mobile application/Viupay services or the information and materials provided therein. 

6.3.Without prejudice to the generality of the foregoing paragraph, Viupay does not warrant that: this service will be constantly available, or available at all; or that the information on this service is complete, true, accurate or non-misleading. Nothing on this service constitutes, or is meant to constitute, professional advice of any kind. If you require advice on any matter you should consult an appropriate professional.

6.4.Your use of our services are at your own risk and you alone will be responsible for any damage that results in loss of data or damage to your computer system. No advice or information, whether oral or written obtained by you from our service or our services will create any warranty or condition not expressly stated. 

7.Term and Termination

7.1.This Agreement shall commence from the date of use of the Viupay Service/Viupay Services and account opening. 

7.2.This Agreement shall terminate immediately upon any of the following circumstances:

7.2.1.If you close your account; 

7.2.2.If you go into liquidation either compulsory or voluntary or if a receiver is appointed in respect of all or any of your assets; 

7.2.3.If any event equivalent to the above occurs and affects you;

7.2.4.You are guilty of a criminal offence involving fraud, dishonesty or other financial impropriety;

7.2.5.You are being dissolved or wound up through court or otherwise; 

7.2.6.You violate any provision of the regulations as may, in the opinion of Viupay, warrant termination of the agreement;

7.2.7.For the avoidance of doubt, termination of this Agreement may also be initiated by the Central Bank of Kenya. 

7.3.Subject to the above, obligations related to your account may supersede termination date. 

8.Limitation of Liability

Viupay will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this agreement/service/Viupay service:

●To the extent that the service is provided free-of-charge, for any direct loss;
●For any indirect, special or consequential loss; or 
●For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. 

9.Indemnification

You hereby indemnify Viupay and undertake to keep Viupay indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you of any provision of this agreement, or arising out of any claim that you have breached any provision of this agreement. 

10.Governing Law 

This Agreement will be governed by, and construed in accordance with the Laws of Kenya and the parties irrevocably submit to the exclusive jurisdiction of the Kenyan Courts. 

11. General 

11.1.Nothing in this Agreement shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between us. 

11.2.No waiver of any breach of this Agreement shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Agreement.


11.3.If a provision of these agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

11.4.If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect. 

11.5.These terms apply exclusively to your access to, and use of, this service/Viupay services and does not alter in any way, the terms or conditions of any other agreement you may have with Viupay for products, services or otherwise. 

This agreement may be changed without notice. Your continued use of this service or Viupay Account or Viupay services after any such changes constitute your acceptance of the new terms and conditions. 

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your personal information. It applies to the Viupay Cashless services and all related sites, applications, services and tools regardless of how you access or use them. 

1.Scope and Consent: You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services (collectively “Viupay Cashless Services”). We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it;

2.Collection of Personal Information: We collect the following types of personal information in order to provide you with the use of and access to our sites, applications, services and tools, and to help us personalize and improve your experience:

2.1Information we collect automatically: When you visit the Viupay Cashless website or use Viupay Cashless Services, we collect information sent to us by your computer, mobile phone or other access device. The information sent to us includes but is not limited to the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information;

2.2Information you provide to us: We may collect and store any information you enter on the Viupay Cashless website or you provide to us in context of using our site, applications, services, or tools. When you visit the Viupay Cashless website or use Viupay Cashless Services, we also collect information about your transactions and your activities. In addition, if you open a Viupay Cashless e-wallet account or use Viupay Cashless Services, we may collect the following types of information:

-Contact information, such as your name, address, phone, email and other similar information;

-Financial information, such as the full bank account numbers and/or credit/debit card numbers that you use to top up your Viupay Cashless e-wallet account when you use Viupay Services;

-Detailed personal information such as your date of birth or national ID number.

We may also collect information from or about you in other ways, such as through your contact with our customer care team, your results when you respond to a survey and your interactions with our partners;

2.3Information from other sources: We may also obtain information about you from third parties such as credit bureaus and identity verification services. You may choose to provide us with access to certain personal information stored by third parties such as social media sites. The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Viupay Cashless e-wallet account and authorizing Viupay Cashless to have access to this information, you agree that Viupay Cashless may collect, store and use this information in accordance with this Privacy Policy.

3.Authentication and Fraud Detection: In order to help protect you from fraud and misuse of your personal information, we may collect information about you and your interactions with our website or Viupay Cashless Services. 


4.Mobile Privacy: We may offer you the ability to connect with our sites, or use of our applications, services, and tools using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. This Privacy Policy will be referenced by all such mobile applications or mobile optimized websites. When you download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's setting's menu.

 
5.How We Use the Personal Information We Collect: Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:

-provide Viupay Cashless Services and customer support;

-process transactions and send notices about your transactions;

-resolve disputes, collect fees, and troubleshoot problems;

-prevent potentially prohibited or illegal activities, and enforce our user Agreement;

-customize, measure, and improve Viupay Cashless Services and the content, layout, and operation of our websites and applications;

-deliver targeted marketing, service update notices, and promotional offers on Viupay Cashless Services as well as Viupay Cashless affiliate services and services incidental to your subscription;

-contact you at any telephone number, through text (SMS) or email messaging, as authorized by our user Agreement;

-Compare information for accuracy and verify it with third parties.

6.Marketing

We may combine your information with information we collect from other companies and use it to improve and personalize Viupay Cashless Services, content, and advertising. You accept to receive any promotional materials from us to inform you about services including and not limited to upgrades and updates.

If you do not wish to receive marketing communications from us or participate in our loyalty programs, or if you no longer wish to receive notifications, simply communicate with our Customer Care team at support@viupay.co.ke;

We may call or send a text message (SMS) to you via a mobile phone number that you have provided to us;

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

7.How We Protect and Store Personal Information

Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user;

We store and process your personal information on our servers in Kenya (East Africa) and elsewhere in the world where our facilities are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls;

 
8.How We Share Personal Information with Other Third Parties

We may share your personal information with:

-Members of the Web Tribe Limited or Affiliates to provide joint content, products, and services (like loyalty, credit and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services, and communications. Members of our corporate family will use this information to send you marketing communications;

-Service providers under contract who help with our business operations, such as fraud prevention, bill collection, marketing, and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit;

-Financial institutions that we partner with to jointly create and offer a product. These financial institutions may only use this information to market Viupay Cashless-related products;

-Credit bureaus and collection agencies to report account information, as permitted by law;

-Companies that we plan to merge with or are acquired by. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.)

-Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Viupay Cashless or one of its affiliates; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our user Agreement.

-Other third parties with your consent or direction to do so.

Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.



If you open a Viupay Cashless account directly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a Viupay Cashless website) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with personal information. Viupay Cashless is not responsible for the content or information practices of such third parties.



9.How You Can Access or Change Your Personal Information

You can review and edit your personal information at any time by logging in to your account and reviewing your account profile. If you close your Viupay Cashless account, we will mark your account in our database as "Closed", but may retain personal information from your account for a certain period of time to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our user Agreement, or take other actions as required or permitted by law.