Sabipay

TERMS AND CONDITIONS SABIPAY TECHNOLOGIES

  1. The Agreement

    1. This Agreement sets out the complete terms and conditions that governs your access to and use of Sabipay service as a purchaser of merchandise, goods, or services.
    2. These Terms and Conditions and any amendments or variations thereto take effect thirty (30) days post their publication save for regulatory changes which shall take effect from the regulatory commencement date.
    3. By registering and using Sabipay service, you agree to comply with all the terms and conditions of this Agreement.

  2. Definitions

    1. “You”, “you” or “Buyer” means Customer that applies to, or registers to use, or uses, the Service to make Payment Transactions.
    2. “Customer” means a person that registers with the Service as a Buyer or a Seller.
    3. “Seller” means a customer that uses the Service to process Payment Transactions from Buyers.
    4. “Payment Instrument” means the mobile payment option that is registered by a Customer with the Service or credit card or debit card to facilitate the processing of Payment Transactions.
    5. “Parties” means you and Sabipay, and “Party” means either of the Parties as the case may be.
    6. “Payment Transaction” means the processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer’s Payment Instrument and the crediting of funds to a Seller.
    7. “Product” means any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.
    8. “Purchase Amount” means the amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
    9. “Service” means the Sabipay service, described in this Terms of Service, that facilitates the processing of Payment Transactions on behalf of a Seller.
    10. “We”, or “us” means Sabipay.

  3. Acceptance of the Terms and Conditions

    1. Before registering for the Service, please take the time to carefully review and fully understand these Terms and Conditions, which govern your access, use, and operation of the Service.You will be deemed to have read, understood and accepted these terms and condition:
    2. By registering for the Service, you acknowledge that you have read, understood, and accepted these Terms and Conditions.
    3. Your registration constitutes an agreement to comply with these Terms and Conditions, including any future amendments or revisions. This agreement does not limit or affect any other legal rights we may have concerning your registration, access, or use of the Service.

  4. Requirements for Registration

    1. In order to use the service, you must be at least 18 years old.
    2. Registration for the Service shall be done by providing the required Personal Information.
    3. When you register, you confirm and warrant that all information provided by you is true and accurate in all respects and you will inform us immediately if any changes to such information arises.
    4. By using the Service, you voluntarily consent and authorize us to disclose, receive, record, or utilize your personal information in connection with the Service and your use of it, in accordance with applicable data protection laws. You may withdraw your consent at any time, subject to legal or contractual obligations
    5. We may request additional information from you at any time regarding your application for the Service. Failure to provide the requested information within the specified timeframe may result in the rejection of your application.
    6. Your registration shall be confirmed to you via an email from us on the Commencement Date.
    7. You must provide sufficient Know Your Customer documentation, i.e Identification Documents, TPIN Certificates.
    8. You must not provide any false, inaccurate, incomplete, or misleading information.
    9. You are responsible of ensuring that your registration details are maintained up to date.
    10. We reserve the right to refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
    11. You may exercise your data rights as a data subject by completing the relevant forms as provided by the Data Protection Legislation.

  5. Fees and Charges

    1. We do not charge a fee to use the Service to purchase goods or services as a Buyer.
    2. A service fee may be applicable to other services provided, such as receiving payments against requests issued by you to other Buyers.

  6. Payment Transaction Processing

    1. The Service facilitates the processing of Payment Transactions to complete a payment for a purchase between a Buyer and a Seller.
    2. The Service will store information from Buyers, such as their Payment Instruments, and will process Payment Transactions on behalf of Sellers.
    3. We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Buyers, or other applicable Sabipay policies, as determined in Sabipay’s sole and absolute discretion.
    4. Buyer authorizes the charge or debit to Buyer’s Payment Instrument as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting to Buyer’s Sabipay Credit in connection with reversals, refunds, or adjustments through the Service.

  7. Limitation on the Use of Service

    1. We may modify, suspend, or discontinue certain aspects of the Service, including hours of operation or specific features, where necessary for maintenance, security, legal compliance, or operational reasons. When feasible, we will provide prior notice to minimize any inconvenience.
    2. Additionally, we may impose limits on certain features or restrict access to parts of the Service to ensure compliance with our policies or applicable laws. We will make reasonable efforts to communicate such changes where they significantly impact your use of the Service.
    3. While we strive to ensure the reliability of the Service, we do not guarantee that it will always be uninterrupted or error-free. We shall not be liable for service interruptions caused by factors beyond our control, including but not limited to power outages, system failures, or technical disruptions that may affect the processing, acceptance, or completion of transactions. However, we will take reasonable measures to restore the Service as quickly as possible in the event of such disruptions.

  8. No Product Endorsement

    1. Sabipay does not represent or endorse, and shall not be responsible for:
      1. the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the Service;
      2. the ability of Buyers to buy Products or Sellers to deliver Products. Sabipay hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service.

  9. Termination

    1. We may, at our sole discretion, suspend or terminate your access to the Service if you violate these Terms of Service, applicable laws, or our policies. Additionally, we may deactivate inactive accounts after providing reasonable notice
    2. Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred.
    3. Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you.

  10. Force Majeure

    1. Sabipay shall not be liable to the Buyer in the event of any disruption of the Service or the Payment Platform or any part thereof resulting from Force Majeure and Sabipay may suspend the Service or part thereof in such an event.
    2. Force Majeure refers to events beyond Sabipay’s control that prevent it from fulfilling its obligations. This includes but not limited to natural disasters (e.g., lightning, floods, earthquakes), government or regulatory actions, civil unrest, industrial strikes, or disruptions in telecommunication services.

  11. Intellectual Property Rights

This Agreement does not grant you any rights to Sabipay’s trademarks, trade names, logos, brand assets, patents, copyrights, registered designs, or any other intellectual property associated with Sabipay.

  1. Confidentiality
    1. Both parties agree to keep the other party’s Confidential Information confidential and treat it as a trade secret. This means taking reasonable steps to prevent unauthorized copying, use, distribution, installation, or transfer of this information.
    2. Each party may only disclose Confidential Information to employees who need it to fulfill the purposes of this Agreement. These employees must be bound by appropriate confidentiality obligations.
    3. Each party will maintain security measures for Confidential Information that are at least as strong as those used for its own confidential information.
    4. Neither party will remove any proprietary or confidentiality markings from the other party’s materials. Additionally, neither party will reproduce or copy these materials except as allowed under this Agreement.
    5. This provision on confidentiality shall survive termination or expiry of this Agreement.
  2. Privacy
    1. By using our services, you consent to the collection of your Personal Data and in cases where the law mandates the collection of specific personal information, failure to provide it may result in denial of service.
    2. In addition to processing your data to comply with legal obligations, we may process your personal data based on your explicit consent or other lawful grounds. Where required, we may share your data with affiliated companies to:
      1. Ensure seamless service delivery, noting that failure to provide certain information may impact service quality.
      2. Conduct statistical and market trend analyses, helping us evaluate and enhance our services.
  3. Waiver

A delay or failure to enforce any right under this Agreement does not mean the right is waived. Exercising a right once does not prevent future enforcement of the same or other rights under this Agreement.

  1. Variations

This Agreement contains the whole agreement between the you and us relating to the subject matter of this Agreement and no variation, extension or cancellation of the expressed terms of this Agreement shall be binding upon either you and us as the case may be unless and until such variation, extension or cancellation is confirmed in writing under the hands of authorised representatives.

  1. Severability

If any part of this Agreement is found to be invalid, illegal, or unenforceable, the rest will remain valid and enforceable.

  1. Assignments
    1. You shall not be entitled to assign, transfer or dispose of any of your rights or obligations under this Agreement herein to any person without the prior written consent of us.
  2. Governing Law
    1. This Terms of Service shall be governed in all aspects in accordance with the Laws of Zambia and a court of complete jurisdiction in Zambia shall determine every claim or dispute arising out of or in connection with this Terms of Service.
  3. Dispute Resolution
    1. Sabipay will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction.
    2. If Customers are unable to resolve a dispute, we can mediate disputes between buyers and sellers if either party requests assistance through our support contacts or visiting one of our local offices.
    3. Any dispute arising out of or in connection with these terms and conditions that is not resolved by representatives from the local offices shall be referred to a court of competent jurisdiction**.**
  4. Notices
    1. Any notice to be given for the purposes of this Agreement shall be via electronic mail (email).