Terms and Conditions

This Terms of Service is a legal agreement between you and Helapay that governs your access to and use of the Helapay service as a purchaser of merchandise, goods, or services. Please review this entire Terms of Service

Definitions

The following defined terms appear in this Terms of Service.

Requirements for Registration

In order to use the Service, you hereby consent to provide and agree to complete all required information elements on the Service registration web pages. You must register a valid mobile payment option as a Payment Instrument or use a Credit Card to make Payment Transactions and pay fees and other obligations arising from your use of the Service. You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.

We, in our sole and absolute discretion, may 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.

By agreeing to this Terms of Service for Buyers, you represent that you are:

Payment Transaction Processing

Limitations On The Use Of Service

Username And Password Information

You are responsible for:

Privacy

You understand and agree that personal information provided to us in connection with the Service is subject to the Service’s Privacy Policy. By agreeing to these Terms & Conditions (as amended from time to time), you also acknowledge that you have read and understood to our Privacy Policy.

Service Fees

Service fees are determined based on the type of service consumed as well as quality transactions in terms of validity, volume and value. Helapay may amend the pricing model at anytime giving 7 days’ notice.

Disputes

Helapay 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. If Customers are unable to resolve a dispute, we can mediate disputes between buyers and sellers if either party requests assistance.

Helapay Not A Banking Institution

Helapay processes Payment Transactions on behalf of Sellers. Helapay is not a bank or other chartered depository institution.

Termination Of Service

We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.

Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. 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.

No Endorsement Of Products

Helapay does not represent or endorse, and shall not be responsible for: (a) 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; or (b) the ability of Buyers to buy Products or Sellers to deliver Products. Helapay hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service.

Limitations Of Liability; Force Majeure

Helapay 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 Helapay may suspend the Service or part thereof in such an event. Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for Helapay to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of the Service caused by disruption or suspension of the telecommunication facilities.

Jurisdiction; Governing Law

This Terms of Service shall be governed in all aspects in accordance with the Laws of Kenya and a court of complete jurisdiction in Kenya shall determine every claim or dispute arising out of or in connection with this Terms of Service. Should you have any questions concerning these Terms and Conditions, please contact us on Email: info@helapay.africa Customer Service: +254 , Twitter: @helapayafrica

Modification Of Terms Of Service For Buyers

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on Helapay Web Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

Third Party Beneficiaries

This agreement is solely for the benefit of the contracting parties and shall not benefit third parties.

Rights and Obligations

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may at our sole discretion notify you of any changes that should be made to your site, or to make sure that your links to our web site are appropriate and to notify you of any further changes that should be made. If you do not make the changes to your site as required, we reserve the right to terminate (or suspend) your service. Helapay reserves the right to terminate this Agreement immediately and with or without notice to you should you commit fraud or should you abuse this program in any way. You hereby agree that, in addition to any other rights and remedies available to us, you will not be eligible to receive any and all commissions otherwise payable to you under this Agreement for fraudulent sales.