1. Acceptance of Terms
Welcome to Mamopay! By accessing or using the Mamopay services, including our website, mobile applications, and any other related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, you may not use the Services. These Terms constitute a legally binding agreement between you and Mamopay, a fintech company located in Nairobi, Kenya, with its registered office at 123 Fintech Plaza, Upper Hill, Nairobi.
Mamopay reserves the right to modify these Terms at any time without prior notice. Your continued use of the Services following any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates. Significant changes will be communicated via email to registered users.
2. Description of Services
Mamopay provides a secure and seamless payment gateway that enables businesses and individuals to send and receive payments online. Our Services include, but are not limited to:
- Processing of online payments through various methods (credit cards, mobile money, bank transfers).
- Integration tools for businesses to integrate Mamopay into their websites and applications.
- User account management for tracking transactions and managing payment settings.
- Fraud prevention and security measures to protect users from unauthorized transactions.
- Customer support and assistance.
Mamopay is constantly evolving, and we may add, modify, or remove features from the Services at any time. We will strive to provide reasonable notice of any significant changes.
3. User Accounts
To use certain features of the Services, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Mamopay immediately of any unauthorized access to or use of your account. Mamopay will not be liable for any loss or damage arising from your failure to protect your account information.
You must be at least 18 years old to create an account and use the Services. By creating an account, you represent and warrant that you are at least 18 years old and that all information you provide is accurate and complete. Mamopay reserves the right to suspend or terminate your account if we believe that you have violated these Terms or that your account is being used for fraudulent or illegal activities.
4. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services to:
- Engage in any fraudulent or illegal activities.
- Transmit or store any harmful or malicious code.
- Infringe on the intellectual property rights of others.
- Distribute spam or unsolicited communications.
- Interfere with the operation of the Services.
- Violate any applicable laws or regulations.
Mamopay reserves the right to investigate and take appropriate action against anyone who violates these Terms, including suspending or terminating their account and reporting them to law enforcement authorities.
5. Fees and Payments
Use of the Services may be subject to fees. Mamopay will provide you with clear and transparent information about our fees before you incur them. Fees may vary depending on the type of transaction, the volume of transactions, and other factors. Mamopay reserves the right to change our fees at any time, but we will provide you with reasonable notice of any changes.
You are responsible for paying all fees and taxes associated with your use of the Services. You authorize Mamopay to charge your designated payment method for all applicable fees. If your payment method fails, we may suspend or terminate your account until you have paid all outstanding fees.
6. Intellectual Property
The Services and all content included in the Services, including text, graphics, logos, images, and software, are the property of Mamopay or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any of the content without the express written permission of Mamopay.
You retain ownership of any content that you submit or upload to the Services. However, by submitting or uploading content, you grant Mamopay a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content for the purpose of providing the Services.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAMOPAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MAMOPAY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION.
8. Limitation of Liability
IN NO EVENT SHALL MAMOPAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF MAMOPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAMOPAY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO MAMOPAY IN THE SIX MONTHS PRIOR TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
9. Indemnification
You agree to indemnify and hold harmless Mamopay, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the courts of Nairobi, Kenya.
11. Contact Information
If you have any questions about these Terms or the Services, please contact us at:
Mamopay Customer Support
123 Fintech Plaza, Upper Hill
Nairobi, Kenya
Email: support@mamopay.co.ke
Phone: +254 43 3935221
12. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms or the Services, you agree to first attempt to resolve the dispute informally by contacting Mamopay customer support at support@mamopay.co.ke. We will endeavor to resolve the dispute within thirty (30) days.
If the dispute cannot be resolved informally, you agree that any such dispute shall be submitted to binding arbitration in accordance with the laws of Kenya. The arbitration shall be conducted in Nairobi, Kenya. The arbitrator's decision shall be final and binding on both parties.
13. Termination
Mamopay may terminate your access to the Services at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting customer support at support@mamopay.co.ke. Upon termination, your right to use the Services will immediately cease.
Sections 6, 7, 8, 9, 10 and 12 of these Terms shall survive termination of these Terms.
14. Entire Agreement
These Terms constitute the entire agreement between you and Mamopay with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Mamopay.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
16. Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by Mamopay. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.