Terms and Conditions

Payaza Africa Limited (“Payaza”, “we”, “us”, or “our”) provides its services, as described in these Terms of Use, to you through its website located at https://www.payaza.africa/ and through its related platforms, applications, products, APIs, dashboards, and payment channels (collectively, the “Platform”). Please read these Terms of Use (the “Terms”) carefully because they contain important information about your legal rights, remedies, and obligations, and form a legally binding agreement between you and us.

Payaza is a financial technology company that provides payment and related technology solutions to individuals, businesses, merchants, developers, and other authorised users. Our services include tools that enable users to accept payments, make payouts, manage transactions, create payment links and storefronts, use payment gateway integrations, and access other products or services we may make available from time to time through the Platform.

By accessing or using the Platform or any of our Services, you agree to be bound by these Terms, including our Privacy Notice and any other policies, guidelines, or agreements referenced in or incorporated into these Terms (“Related Agreement”) , all of which form part of this binding agreement between you and Payaza governing your access to and use of the Platform and our services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES. DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS..

“Applicable Laws” means all applicable laws, rules, regulations, regulatory requirements, and other binding requirements of any competent governmental, regulatory, or supervisory authority.

“Services” means the products, services, features, functionalities, software, tools, integrations, and related offerings made available by Payaza through the Platform from time to time.

“You”and “your” mean any person or entity that accesses or uses the Platform or the Services.

Payaza reserves the right to amend, update, modify, or replace these Terms at any time. Where we make material changes, we may notify you by posting the updated Terms on the Platform, by email, through your account, or by any other reasonable means.

Payment Acceptance Solutions

• Collections: This solution allows merchants and businesses to receive payments from customers through supported payment channels.
• End-to-End Payment Gateway: This solution allows merchants, businesses, and developers to integrate payment processing into their websites, mobile applications, and platforms. You may also be required to agree to separate integration or merchant terms for this product.
• MPOS: This product allows eligible merchants and businesses to accept in-person payments using supported mobile point-of-sale devices and tools.

Money Movement Solutions

• Payouts: This product allows eligible users and businesses to send local and international disbursements through supported payment channels, subject to applicable compliance checks.

Specialised Solutions

• Payaza Give: This product allows eligible charities, non-profit organisations, faith-based organisations, and other approved users to collect donations and manage donation-related payment activity through the Platform. Use of Payaza Give may be subject to additional verification, compliance review, fraud monitoring, and settlement conditions imposed by Payaza from time to time.
• Chat and Pay Online Feature: This feature enables eligible merchants to access payment-enabled chatbot flows for customer engagement and collections across WhatsApp and other messaging or social media channels supported by Payaza from time to time. The Chat and Pay Online feature may rely on third-party providers for chatbot functionality, messaging support, account or channel setup, and related integrations, and may be subject to additional service-specific terms, onboarding requirements, and third-party conditions.
• Branches: This product enables users to send and receive funds through Payaza’s branch-based or agent-supported transfer channels, where available. Use of this product may be subject to additional onboarding, verification, settlement, location, and service-specific conditions imposed by Payaza from time to time.

Eligibility and Responsibility

• You may use the Platform either as an individual, where permitted, or on behalf of a business, merchant, charity, organisation, or other entity. If you are using the Platform as an individual, you must be at least 18 years old and have the legal capacity to agree to these Terms.
• If you are using the Platform on behalf of a company, merchant, charity, organisation, or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to “you” and “your” in these Terms will apply to both you and that entity, where applicable.
• You agree to provide accurate, complete, and up-to-date information, keep your login credentials secure and confidential, remain responsible for all activity under your account, and notify us promptly of any unauthorised access or suspected breach.
• All personal data and account information collected in connection with your account are governed by our Privacy Notice.

Registration and Onboarding

• You may be required to register for a Payaza account to access certain products, services, or features on the Platform. Registration and onboarding requirements may vary depending on the product you use and the type of user or account involved.
• For example, we may require different information, documents, or verification steps for merchants, businesses, developers, platform operators, charities, or other users depending on the services requested and any applicable legal, regulatory, compliance, risk, or operational requirements.
• Certain products or services may also be subject to separate onboarding processes, additional eligibility requirements, or product-specific terms.

Account Security and Verification

• You must not share your account with another person or use another person’s account without authorisation. We may request additional information or documentation at any time to verify your identity, business, authority, eligibility, transactions, or use of the Platform, including for fraud prevention, security, compliance, or legal purposes.
• We may suspend access to your account or certain features while verification or review is pending.

Updating Your Information

You are responsible for ensuring that the information associated with your account remains accurate, complete, and current at all times.

Suspension and Termination

• We may suspend, restrict, or terminate your account or access to the Platform if you breach these Terms, provide false or misleading information, fail to complete required verification, or use the Platform for fraudulent, illegal, unauthorised, or suspicious purposes.
• We may also take such action where reasonably required for security, risk management, compliance, operational, legal, or regulatory reasons.

You may use the Platform and our Services only for lawful purposes and only in accordance with these Terms, any applicable product-specific terms, and all applicable laws, regulations, and industry requirements.

You agree to use the Platform only for your own legitimate personal, business, charitable, or organisational purposes, as applicable, and only in connection with activities that are authorised by Payaza.

You must not use the Platform or any of our Services to:

• engage in any unlawful, fraudulent, deceptive, or misleading activity;
• process or facilitate transactions connected to prohibited, restricted, or unauthorised goods, services, or activities;
• violate any applicable law, regulation, sanctions requirement, anti-money laundering or counter-terrorist financing rule, or payment scheme rule;
• infringe the intellectual property, privacy, data protection, or other rights of Payaza or any third party;
• interfere with, disrupt, compromise, or attempt to gain unauthorised access to the Platform, any account, system, network, or data connected to the Platform;
• use the Platform in a manner that could harm Payaza’s operations, security, reputation, users, payment partners, or service providers;
• introduce viruses, malware, harmful code, or any other technology intended to damage, disrupt, intercept, or expropriate any system or data;
• copy, reproduce, modify, distribute, reverse engineer, decompile, scrape, or otherwise exploit any part of the Platform except as expressly permitted by Payaza or by applicable law;
• use the Platform to transmit, publish, or distribute any false, misleading, defamatory, abusive, hateful, obscene, or otherwise objectionable content;
• use another person’s account without authorisation or allow any unauthorised person to access or use your account;
• circumvent, disable, or interfere with any security feature, access control, verification measure, or usage restriction implemented by Payaza; or
• use the Platform in any way that is inconsistent with the purpose for which the relevant Service is provided.

Payaza reserves the right to investigate any actual, suspected, or attempted misuse of the Platform or Services and may suspend, restrict, or terminate access to the Platform, remove content, block transactions, withhold settlements where permitted, or take any other action reasonably necessary to protect Payaza, its users, partners, or the integrity of the Platform.

Fees

You agree to pay all fees, charges, and other amounts applicable to your use of the Platform and any Services, as set out in any applicable pricing schedule, product-specific terms, or related agreement with Payaza. Unless otherwise stated in writing, fees charged in connection with a transaction are non-refundable, including where the transaction is later refunded, reversed, disputed, or charged back.

Payaza may change any fees or pricing applicable to the Platform or the Services at any time. Your continued use of the Platform or the Services after such change takes effect constitutes your acceptance of the revised pricing.

Unless otherwise stated in writing, fees charged in connection with a transaction are non-refundable, including where the transaction is later refunded, reversed, disputed, or charged back.

Chargebacks

You acknowledge that transactions may be refused, reversed, reclaimed, or charged back by banks, payment schemes, payment partners, regulators, or other financial institutions in accordance with applicable law or industry rules. You remain responsible for all chargebacks, disputes, fines, penalties, losses, and costs arising from your transactions, your business activities, your customers, or your use of the Platform, except to the extent directly caused by Payaza’s gross negligence, fraud, or wilful misconduct.

Where any chargeback, dispute, or similar adjustment arises, Payaza may deduct the relevant amount and any applicable fee from funds due to you, debit your account or related balance, delay or withhold settlement, or require immediate reimbursement from you.

Refunds

Any refund processed by Payaza will be subject to applicable law, payment partner requirements, available funds, and any review or verification procedures Payaza may require. Payaza is not responsible for the underlying goods or services provided by you or any third party, and you remain solely responsible for your refund obligations to your customers unless otherwise required by law.

Where Payaza determines, acting reasonably and following internal review or investigation, that any funds collected through any of our Products or Services are fraudulent, suspicious, misdirected, or otherwise not eligible for settlement, Payaza may withhold, decline, or refuse settlement of such funds, refund the relevant amounts to donors or funding sources where appropriate, and deduct or retain any applicable fees or charges incurred in processing the transactions.

Reversal

Payaza may reverse, reject, withhold, suspend, or cancel any transaction or settlement where reasonably required for fraud prevention, security, compliance, technical error correction, legal or regulatory reasons, or any actual or suspected breach of these Terms.

All settlements shall be made only to a bank account or other settlement account in the name of the individual or registered entity submitted and verified during onboarding, and Payaza may refuse settlement to any account that does not satisfy this requirement.

Survival

Your liability for all fees, chargebacks, refunds, reversals, losses, costs, and recovery obligations under this section shall survive the suspension or termination of your account, these Terms, or any related agreement.

Payaza is committed to processing your personal data responsibly and in accordance with applicable law. Please read our Privacy Notice to understand how we collect, use, store, share, and protect your personal data.

All rights, title, and interest in and to the Platform and the Services, including all content, software, code, technology, designs, trademarks, logos, trade names, text, graphics, interfaces, features, APIs, developer tools, documentation, and other materials made available by Payaza, are owned by or licensed to Payaza and are protected by applicable intellectual property and other laws.

Subject to your compliance with these Terms, Payaza grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform and the Services solely for their intended purpose and in accordance with these Terms, any applicable product-specific terms, and any relevant technical or user documentation made available by Payaza.

You must not, without Payaza’s prior written consent, copy, reproduce, distribute, modify, adapt, create derivative works from, publish, display, sell, license, rent, lease, transfer, reverse engineer, decompile, disassemble, extract, scrape, or otherwise exploit any part of the Platform, the Services, or any content or materials made available by Payaza, except as expressly permitted by applicable law.

Nothing in these Terms transfers any intellectual property rights to you except for the limited licence expressly granted under these Terms. All rights not expressly granted are reserved by Payaza.

To the extent that you submit, upload, transmit, or otherwise make available any content, data, materials, or information through the Platform, you represent that you have the necessary rights to do so. You grant Payaza a non-exclusive, worldwide, royalty-free licence to use, host, store, reproduce, process, transmit, and otherwise use such content solely as reasonably necessary to provide, operate, improve, secure, and support the Platform and the Services, and to comply with applicable law.

Any third-party software, content, services, or materials made available through or integrated with the Platform are subject to the rights of their respective owners and may be subject to separate third-party terms. Except as expressly stated, no rights are granted to you in relation to such third-party materials.

In connection with your use of the Platform and the Services, either you or Payaza may disclose or make available to the other certain non-public information relating to its business, services, technology, systems, operations, pricing, security measures, customers, partners, or other confidential or proprietary matters (“Confidential Information”).

You agree to keep Payaza’s Confidential Information confidential and not to use, disclose, reproduce, or make it available to any third party except as strictly necessary for your authorised use of the Platform and the Services or as required by applicable law. Where disclosure is required by applicable law, regulation, or court order, you may disclose only the portion of the Confidential Information that you are legally required to disclose and must, where legally permitted, give Payaza prior notice to allow Payaza take appropriate protective steps.

You must take reasonable steps to protect Payaza’s Confidential Information from unauthorised access, use, or disclosure and must promptly notify Payaza if you become aware of any actual or suspected unauthorised access, use, or disclosure of such Confidential Information.

Confidential Information does not include information that is or becomes publicly available through no breach of these Terms, was lawfully known to you without restriction before disclosure by Payaza, or is lawfully obtained by you from a third party without breach of any confidentiality obligation.

This obligation survives the suspension or termination of your account, these Terms, or your use of the Platform and the Services.

The Platform and the Services may enable access to, connect with, or rely on third-party services, software, applications, websites, APIs, payment channels, financial institutions, mobile money operators, card schemes, processors, plugins, or other systems and integrations not owned or controlled by Payaza.

Your use of any third-party service or integration may be subject to separate terms, conditions, and privacy policies issued by the relevant third party, and you are solely responsible for complying with them.

Payaza does not own, control, or assume responsibility for any third-party service or integration, including its availability, performance, security, legality, accuracy, functionality, or any act or omission of the relevant third party. Payaza is not liable for any loss, delay, error, interruption, failure, damage, or other issue arising from or relating to any third-party service or integration.

Payaza may add, remove, suspend, limit, or modify any third-party service or integration at any time where reasonably required for operational, security, compliance, legal, regulatory, technical, or business reasons.

Certain Services, including Chat and Pay Online feature, may rely on third-party providers for setup, activation, messaging, chatbot functionality, or related integrations.

The Platform and the Services are provided on an “as is” and “as available” basis, to the fullest extent permitted by applicable law. Payaza does not make any representation or warranty that the Platform or the Services will be uninterrupted, error-free, secure, available at all times, or suitable for your particular needs.

Payaza is not responsible for any goods or services provided by any merchant, business, charity, partner, or other third party using the Platform, and is not liable for any loss or issue arising from any third-party service, integration, bank, payment processor, card scheme, mobile money operator, or other external provider connected to the Platform or the Services.

You are solely responsible for ensuring that your use of the Platform and the Services complies with applicable law and is appropriate for your needs.

Payaza shall not be liable for any fraudulent act, misrepresentation, or unauthorised transaction carried out by any user, donor, merchant, beneficiary, customer, or other third party on or through the Platform, except to the extent directly caused by Payaza’s gross negligence, fraud, or wilful misconduct.

To the fullest extent permitted by applicable law, Payaza shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including any loss of revenue, profit, goodwill, data, business, or anticipated savings, arising out of or in connection with your use of or inability to use the Platform or the Services.

To the fullest extent permitted by applicable law, Payaza’s aggregate liability arising out of or in connection with the Platform or the Services shall not exceed the total transaction fees accrued to Payaza from you in the one (1) month preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of the Payaza parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the relevant Payaza Party's liability shall be the minimum permitted under such applicable law.

You agree to indemnify and hold harmless Payaza, its affiliates, officers, employees, and agents from and against any losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms, your use of the Platform or the Services, or any claim that your activities, transactions, content, goods, or services infringe the rights of any third party.

Payaza may, at any time and with or without notice, suspend, restrict, limit, or terminate your access to the Platform, any Service, or your account where we reasonably believe that: (a) you have breached these Terms or any applicable product-specific terms; (b) you have provided false, incomplete, or misleading information; (c) your use of the Platform or the Services is fraudulent, unlawful, unauthorised, suspicious, or otherwise exposes Payaza or any third party to legal, regulatory, financial, security, or reputational risk; or (d) such action is required for operational, security, compliance, legal, or regulatory reasons.

We may also suspend, restrict, delay, or withhold any transaction, payout, refund, settlement, or other activity on the Platform where reasonably necessary for fraud prevention, investigation, verification, chargeback risk, dispute resolution, technical issues, or compliance with applicable law, payment scheme rules, partner requirements, or regulatory instructions.

You may stop using the Platform or the Services at any time by closing your account. Any suspension, restriction, or termination of your access does not affect any rights, obligations, liabilities, or remedies that accrued before the date of such action, including any obligation relating to fees, chargebacks, refunds, reversals, indemnities, investigations, or outstanding payments.

Payaza reserves the right to take any additional action it reasonably considers necessary to protect the Platform, the Services, its users, partners, or its business.

You agree to comply with all applicable laws, regulations, payment scheme rules, sanctions requirements, anti-money laundering, counter-terrorist financing, anti-bribery, anti-corruption, data protection, consumer protection, and other regulatory requirements applicable to your use of the Platform and the Services.

Payaza may, at any time, request information, documents, or other materials reasonably required to verify your identity, business, authority, source of funds, transactions, beneficial ownership, or compliance status, including for know-your-customer (“KYC”), anti-money laundering (“AML”), fraud prevention, risk management, and legal or regulatory purposes.

You acknowledge that you are solely responsible for verifying the identities of your customers, ensuring they are authorized to conduct transactions on your platform, and determining their eligibility to purchase your products and services. You must also maintain records and proof of service or product delivery to your customers, and may be required to provide this information to Payaza in the event of a dispute needing resolution, to facilitate a resolution and ensure a smooth transaction process.

You agree to provide all requested information and documents accurately and within the time specified by Payaza. Where you fail to do so, or where Payaza reasonably suspects fraud, money laundering, sanctions violations, unlawful activity, or any breach of these Terms, Payaza may suspend or restrict your account, delay or refuse transactions, withhold settlements, or take any other action reasonably required for compliance, investigation, or risk management purposes.

Payaza may carry out periodic reviews and verification checks on the information and data you submit, including where there are unusual or unexplained spikes in transaction activity. You agree to provide any explanation or supporting evidence reasonably requested by Payaza, failing which Payaza may delay, withhold, reverse, or refuse settlement, or take any other action reasonably required for compliance, investigation, or risk management purposes. Any information obtained through such checks will be handled in accordance with Payaza’s Privacy Notice and applicable law.

You must maintain complete and accurate records relating to your use of the Platform and the Services, including records relating to your transactions, customers, goods or services, and compliance activities, for such period as may be required by applicable law or reasonably requested by Payaza. Payaza may, on reasonable notice where practicable, request access to such records or other supporting information reasonably necessary to verify compliance with these Terms, any applicable product-specific terms, payment scheme rules, or applicable law.

Payaza is committed to maintaining appropriate security controls and procedures to prevent and detect fraudulent or unauthorised activities or transactions on the Platform. If you become aware of any actual or suspected fraud, unauthorised activity, or suspicious transaction, you must notify Payaza immediately at frauddesk@payaza.africa.

You agree that Payaza may send you electronic communications relating to your account, transactions, use of the Platform, security alerts, service updates, compliance requests, and other important notices by email, SMS, telephone, in-app notification, dashboard notice, WhatsApp, or any other contact details you provide to us.

You are responsible for keeping your contact details accurate and up to date.

Where permitted by applicable law, Payaza may also send you marketing, promotional, educational, or product-related communications. You may opt out of marketing communications at any time, but this will not affect Payaza’s right to send you service, transaction, security, compliance, or other non-marketing communications.

You grant Payaza a limited, non-exclusive, royalty-free right to use your name, trade name, logo, and general business identity in Payaza’s marketing and promotional materials, including on our website, customer lists, case studies, presentations, press releases, and similar materials, solely for the purpose of identifying you as a user or customer of Payaza. Such use does not imply any endorsement by Payaza of your products or services.

Payaza shall not be liable for any delay, interruption, failure, or non-performance in the Platform or the Services arising from any event or circumstance beyond its reasonable control, including any act of God, flood, fire, epidemic, pandemic, war, riot, civil unrest, terrorism, labour dispute, power failure, telecommunications failure, internet disruption, cyberattack, failure of any bank, payment processor, card scheme, mobile money operator, or other third-party provider, governmental action, regulatory restriction, or any other similar event.

Where any such event occurs, Payaza may suspend, delay, limit, or modify the affected Platform or Services for the duration of the event and for such additional period as may reasonably be required to recover from its effects.

These Terms and any dispute arising out of or in connection with these Terms, the Platform, or the Services shall be governed by the law applicable to the relevant Payaza entity, as set out in Schedule 1.

The parties shall first use reasonable efforts to resolve any dispute through good faith discussions.

If the dispute is not resolved within thirty (30) days after written notice of the dispute, either party may refer the dispute for resolution in accordance with the dispute resolution mechanism set out in Schedule 1 for the relevant Payaza entity or country.

Where a country is not expressly listed in Schedule 1, the governing law and dispute resolution mechanism shall be determined by the relevant Payaza entity providing the Services.