Zagaa Vipato Services

Zagaa Vipato Services

User Agreement

This user agreement will be effective for all users as of Wednesday, 8 February 2023.

Welcome to Zagaa Vipato Services!

This user agreement is a contract between you and Zagaa Vipato Services, a Kenyan company, governing your use of the Zagaa Vipato services which automatically triggers the creation of your Zagaa Vipato account. If you are an individual, you must be a resident of one of the countries/ regions listed on the Zagaa Vipato Worldwide page and at least 18 years old, or the age of majority in your country/ region of residence to open a Zagaa Vipato account and use the Zagaa Vipato services. If you are a business, the business must be organized in, operating in, or a resident of one of the countries/ regions listed on the Zagaa Vipato Worldwide page to open a Zagaa Vipato account and use the Zagaa Vipato services.

By opening and using a Zagaa Vipato account, you agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you, including:

  • Acceptable Use Policy
  • Privacy Statement

Please read carefully all of the terms and conditions of this user agreement, the terms of these policies and each of the other agreements that apply to you.

We may amend this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it on our website, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website. All future changes set out in the Policy Updates page already published on the Legal Agreements page at the time you register for the Zagaa Vipato services are incorporated by reference into this user agreement and will take effect as specified in the Policy Update. By continuing to use our services after any changes to this user agreement or any of the other applicable terms, agreements, or policies listed above, you agree to abide and be bound by those changes.

If you do not agree to the revised terms and conditions, you must stop using the Zagaa Vipato services and terminate your relationship with us without cost or penalty. This user agreement will continue to apply to your previous use of our services.

About our main business

Zagaa Vipato is a payment services provider and acts as such by creating, hosting, maintaining and providing our Zagaa Vipato services to you via the internet and USSD to effect transfers from your Credit Card, Bank Account and/ or Mobile Money services to other persons who are registered users of Mobile Money platforms.

Our services allow you to send payments to anyone with a mobile phone SIM card that is registered with a Mobile Money Services account/ wallet, and, to receive payments to your Mobile Money wallet.

The Zagaa Vipato services are offered by Zagaa Vipato Services include listing of sender information; statements accessible online for Personal Accounts; and analysis to assess performance; periodic reports; feedback collection and review or Business Accounts.

This user agreement is not a solicitation of the Zagaa Vipato services and Zagaa Vipato is not targeting any country/ region or market through this user agreement.

Zagaa Vipato is only a Transaction Services Provider.

We act as a Transaction Services Provider only. We do not:

  • Act as a bank or provide banking services;
  • Act as an escrow agent with respect to your funds;
  • Do not keep or hold any funds in your account;
  • Act as your agent or trustee;
  • Enter into a partnership, joint venture, agency or employment relationship with you;
  • Have control of, nor liability for, the services that are paid for with the Zagaa Vipato services;
  • Guarantee the identity of any buyer or seller;
  • Ensure that a buyer or a seller will complete a transaction;
  • Determine if you are liable for any taxes; or
  • Unless otherwise expressly set out in this user agreement, collect or pay any taxes that may arise from your use of our services.

Opening an Account

We offer two types of accounts: Zagaa Vipato accounts personal (or “personal accounts”) and Zagaa Vipato accounts business (or “business accounts”).

Personal Accounts are automatically opened upon sending or receiving money. Personal accounts opened through sending or receiving transactions are referred to as unregistered or Partially Registered accounts and will be limited in daily transactions volume and individual transaction value. You may opt to register your account by providing us with additional information which will enable Zagaa Vipato to increase the individual transaction value; and transaction volume limits.

Business Accounts are opened for businesses that require information about amounts sent to their employees, for example, perioding reports to assess performance; and feedback collection and review. Each employee registered under a Business Account will also as a result of receiving money have a Personal Account. Personal Accounts registered under Business Accounts will automatically qualify for increased limits of the Registered Personal Account.

All Zagaa Vipato Personal Accounts let you do things like:

  • Sendand receive
  • Make payments using your credit card, debit card, bank account, mobile money wallet or other payment methods.
  • Accept mobile money payments from others.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your Zagaa Vipato account and the Zagaa Vipato services.

As  a result of opening a Zagaa Vipato account, we shall obtain your country/ region of residence through the Payments Service that you use and for the Receiver of funds through the mobile money payment phone number, including but not limited to personal information, financial information, or other information related to you.

You must keep your mailing address, email address and other contact information current in your PayPal account profile.

Personal accounts

If you primarily need to send or receive transactions as an individual, a personal account is probably right for you. With a personal account you can do things like:

  • Send transactions to and request personal transactions from others.Receive transactions from others

Personal account transactions may be subject to fees which vary depending on the service accessed and shall include third part service provider fees for example Mobile Money transaction fees; credit card transaction fees.Business accounts

We recommend business accounts for organizations which have staff that access Zagaa Vipato to send or receive money, even if the business is not incorporated. With a business account, you can do things like:

  • Sign up for Zagaa Vipato products that meet your business needsg. performance measurement, identify large transactions, and largest senders or receivers of money through Zagaa Vipato Services.
  • Obtain reports on to assess performance; and feedback collection and review
  • Get alerts for unusual transactions such as large transactions; or very high frequency transactions to your staff.

Business accounts may be subject to fees that differ from the fees applicable to personal accounts. Business accounts are not eligible to receive “personal transactions, ” although they may send personal transactions to others through Zagaa Vipato.

By opening up a business account you consent to Zagaa Vipato alerting you whenever we reasonably believe there may be an increased level of risk associated with the Personal Account transactions in your business account.

Third Party permissions

You must be the beneficial owner of your PayPal account, and conduct business only on behalf of yourself.

You may expressly grant, remove and manage permissions for some third parties to take certain actions on your behalf. You can do this directly with the third party. You acknowledge that if you grant permission for a third party to take actions on your behalf, we may disclose certain information about your Zagaa Vipato account to this third party.

You may permit third party service providers licensed by applicable law to:

  • provide account information services to access information about your account on your behalf;
  • confirm whether an amount necessary for the execution of a card-based payment transaction is available on your account; or
  • provide payment initiation services to initiate payments from your account on your behalf.

Granting permission to any third party to access your PayPal account in any way does not relieve you of any of your responsibilities under this user agreement. You are liable to us for the actions that you authorize the third parties to carry out. You will not hold us responsible for, and you will indemnify us from, any liability arising from the actions or inactions of such third parties in connection with the permissions you granted, subject to your mandatory legal rights.

Closing or Suspending Your Zagaa Vipato Account

You may close or suspend your Personal Account and terminate your relationship with us at any time without cost or penalty, but you will remain liable for all obligations related to your Personal account even after the Zagaa Vipato account is closed or suspended.

You may close your Business Account and terminate your relationship with us at any time without cost or penalty, but we shall retain record of all transactions you will remain liable for all obligations related to your Zagaa Vipato account even after the Zagaa Vipato account is closed or suspended.

Closing or suspending your account will result in us blocking transactions to or from your account. You may re-register by requesting that we re-open the account though we shall require additional details from you, similar to the Personal Account registration.

You may not close your Zagaa Vipato account, including:

  • To evade an investigation.
  • If you have a pending transaction; or or an open dispute or claim.
  • If your Zagaa Vipato account is subject to a hold, limitation or reserve.

Links to your a Payment Method

Links to your credit card, debit card or a bank account mobile money cannot be pre-authorized and can only be authorized for each separate transaction via One-time password (OTP) or Multifactor (MFA) authentication methods initiated by your credit card,,  debit card or a bank account mobile money provider and/ or by Zagaa Vipato Services.

How we convert currency

If Zagaa Vipato converts currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion fee applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior Business Day; or, if required by law or regulation, set at the relevant government reference rate(s).

For some uses of your Zagaa Vipato accounts, Zagaa Vipato may determine currency conversion is necessary. The currency conversion fee applicable can be found on our fees page under the heading currency conversion fees.

Currency conversion choices

When your payment is funded by a debit or credit card and involves a currency conversion by Zagaa Vipato, you consent to and authorize us to convert the currency in place of your debit or credit card issuer. You may have the right to have your card issuer perform the currency conversion, if applicable for that card issuer and network. This currency preference selection may be presented to you in various forms, including setting the currency of your card, a choice of which currency is used for the transaction, whether Zagaa Vipato or your card issuer performs the conversion, or which conversion rate is used for the transaction, among others. If your card issuer converts the currency, your card issuer will determine the currency conversion rate and the fees they may charge.

Account Statements

Account Statements

You have the right to receive an account statement showing your Zagaa Vipato account activity. You may view your Zagaa Vipato account statement by making a request on the Zagaa Vipato and confirming your identity information via One-time password (OTP) or Multifactor (MFA) authentication methods.

This account access is a billable service and will provide you with an list of amounts sent and to whom at what time on which dates; amounts received and from whom at what time on which dates. The statement will be limited in period for unregistered personal accounts.

Sending payments to or Receiving payments from a Friend or Family Member

Sending payments

You can send funds to others even on condition that they have a registered mobile number, in any currency that Zagaa Vipato supports, and you can choose which payment method you want to use. Receiving payments from a friend or family member is described under Receiving payments.

Transaction Limits

We may, at our discretion, impose limits on the:

  • daily total amount of funds you can send or receive;
  • maximum single transaction value; and/ or
  • number of sending and receiving transactions you may transact in any one day.

We may increase your sending limits, number of daily transactions, or maximum single transaction value upon registration of your account whereupon we shall require additional details.

You can view any sending limit by logging in to your Zagaa Vipato account.

Receiving payments

If a someone sends funds to you, the funds will be transacted to your mobile money wallet less a commission. Foreign currencies can only be received by converting the balance into the currency that is associated with your mobile money wallet. If the balance is converted, Zagaa Vipato’s transaction exchange rate (including our currency conversion fee) will be used.

Fees for Sending payments

The fees applicable to sending transactions can be found in our Sending funds table and will be disclosed to you in advance each time you initiate sending payments to others. If a conversion from one currency to another is necessary, Zagaa Vipato’s transaction exchange rate (including our currency conversion fee) will be used.

If you send payments to a friend or family member from a third party (non-Zagaa Vipato) website or by using a third party’s product or service, then the third party will determine if the sender or recipient pays the fee. This will be disclosed to you by the third party before the payment is initiated.

You must not send payments to a business account as such accounts are not eligible to receive personal transactions.

Payment review

When Zagaa Vipato identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, Zagaa Vipato will place a hold on the transaction and notify the receiver of the delay. If we clear the transaction, we will notify the receiver. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action.

Refunds

When Zagaa Vipato potentially high-risk transaction and fails to clear the transaction, and the transaction is ultimately refunded, the payment will typically be refunded to the original payment method you used for the transaction if you used a credit card, debit card or mobile money wallet. If you used a bank account as the payment method for the transaction, we will refund the payment to your bank account.

If Zagaa Vipato performed a currency conversion for your transaction and a refund is issued:

  • within 1 day of the date of the original payment, the transaction exchange rate (including our currency conversion fee) used at the time of the original payment will apply.
  • beyond 1 day of the date of the original payment, Zagaa Vipato’s transaction exchange rate (including our currency conversion fee) on the date of the refund will apply. The transaction exchange rate may be applied immediately and without notice to you. This means that you may not receive the full amount of your original payment due to the fees above and fluctuations in currency conversion rates.

Payments will be refunded in local currency.

All refunds will be subject to transaction fees for sending, receiving and/ or transmission of the funds being refunded.

Taxes, information reporting

Some of our fees may be subject to applicable taxes, levies, duties or similar governmental assessments, including, for example, value-added tax, sales tax, income tax, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”) and, unless expressly noted, our fees are exclusive of applicable taxes.

Restricted Activities

In connection with your use of our websites, the Zagaa Vipato services, or in the course of your interactions with Zagaa Vipato, other Zagaa Vipato customers, or third parties, you will not:

  • Breach this user agreement, Zagaa Vipato’s Acceptable Use Policy, the Commercial Entity Agreements (if they apply to you), or any other agreementbetween you and Zagaa Vipato.
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
  • Infringe Zagaa Vipato’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
  • Sell counterfeit goods.
  • Act in a manner that is defamatory, trade libelous, threatening or harassing.
  • Provide false, inaccurate or misleading information.
  • Send or receive what we reasonably believe to be potentially fraudulent funds.
  • Engage in potentially fraudulent or suspicious activity and/ or transactions.
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
  • Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Zagaa Vipato and the seller, bank or card issuer for the same transaction.
  • Control an account that is linked to another account that has engaged in any of these restricted activities.
  • Conduct your business or use the Zagaa Vipato services in a manner that results in or may result in:
    • complaints;
    • requests by buyers (either filed with us or card issuers) to invalidate payments made to you; or;
    • fees, fines, penalties or other liability or losses to Zagaa Vipato, other Zagaa Vipato customers, third parties or you.
  • Use your Zagaa Vipato account or the Zagaa Vipato services in a manner that Zagaa Vipato, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
  • Allow your Zagaa Vipato account to have a negative balance.
  • Provide yourself a cash advance from your credit card (or help others to do so).
  • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Zagaa Vipato services) operated by us or on our behalf or the Zagaa Vipato services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Zagaa Vipato services; use a proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Zagaa Vipato services) operated by us or on our behalf, any of the Zagaa Vipato services or other users’ use of any of the Zagaa Vipato services.
  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
  • Use the Zagaa Vipato services to test credit card behaviors.
  • Circumvent any Zagaa Vipato policy or determinations about your Zagaa Vipato account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Zagaa Vipato account(s) when a Zagaa Vipato account has a negative balance or has been restricted, suspended or otherwise limited; opening new or additional Zagaa Vipato accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Zagaa Vipato account;
  • Harass and/ or threaten our employees, agents, or other users.
  • Cause us to receive a disproportionate number of claims that have been closed in favour of the claimant regarding your Zagaa Vipato account or business.
  • Disclose or distribute another user’s information to a third party, or use such information for marketing purposes unless you receive the user’s express consent to do so.
  • Send unsolicited emails to users or use the Zagaa Vipato services to collect payments for sending, or assisting in sending, unsolicited emails to third parties.
  • Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Zagaa Vipato websites without our or any applicable third party’s written consent.
  • Reveal your OTP or MFA authentication password(s) to anyone else, nor use anyone else’s OTP or MFA authentication password(s). We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect Zagaa Vipato, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

  • Terminate this user agreement, limit your Zagaa Vipato account, and/ or close or suspend your Zagaa Vipato account, immediately and without penalty to us;
  • Refuse to provide the Zagaa Vipato services to you now and in the future;
  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Zagaa Vipato services) operated by us or on our behalf, your Zagaa Vipato account or any of the Zagaa Vipato services, including limiting your ability to pay or send payments with any of the payment methods linked to your Zagaa Vipato account, restricting your ability to send payments or make withdrawals;
  • Update inaccurate information you provided us;
  • Take legal action against you;
  • If you’ve violated our Acceptable Use Policy, or if you receive funds for transactions that violate the Acceptable Use Policy, then you’re also responsible for damages to Zagaa Vipato caused by your violation of this policy; or

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Zagaa Vipato, any Zagaa Vipato customer, or a third party caused by or arising out of your breach of this user agreement, and/ or your use of the Zagaa Vipato services.

Limitations

What are holds, limitations and reserves

Under certain circumstances, in order to protect Zagaa Vipato and the security and integrity of the network that uses the Zagaa Vipato services, Zagaa Vipato may take transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, you should visit the Resolution Centre or follow the instructions in our email notice with respect to the limitation, hold or reserve.

Our decision about limitations may be based on confidential criteria that are essential to our management of risk and the protection of Zagaa Vipato, our customers and/ or service providers. We may use proprietary fraud and risk modelling when assessing the risk associated with your Zagaa Vipato account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

In order to facilitate Zagaa Vipato’s actions described above and allow us to assess the level of risk associated with your Zagaa Vipato account, you agree to cooperate with Zagaa Vipato’s reasonable requests for financial information and other documentation or information in a timely fashion.

Account Limitations

Limitations prevent you from completing certain actions such as sending or receiving payments. These limitations are implemented to help protect Zagaa Vipato, receivers and or senders when we notice unusual activity symptomatic of an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect necessary information .

There are several reasons why we may limit your access to Zagaa Vipato services, and/ or limit access to your funds, including:

  • If we suspect someone could be using Zagaa Vipato account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
  • If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers through Zagaa Vipato services from your bank account.
  • In order to comply with applicable law.
  • If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.

You will need to resolve any issues with Zagaa Vipato Services before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect Zagaa Vipato, our users, a third party, or you from reversals, fees, fines, penalties, legal and/ or regulatory risks and any other liability.

Court Orders, Regulatory Requirements or Other Legal Processes

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including preventing payments to/ from your Zagaa Vipato account, placing a limitation on your Zagaa Vipato account. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Zagaa Vipato account. When we implement a limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the limitation may remain in place as long as reasonably necessary as determined by Zagaa Vipato.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Zagaa Vipato account, you should regularly log into your Zagaa Vipato account and review your Zagaa Vipato account statement. Zagaa Vipato will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

Zagaa Vipato will not protect you from unauthorized activity in your Zagaa Vipato account.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when a payment is sent from your Zagaa Vipato account that you did not authorize and that did not benefit you. For example, if someone steals your phone, credit cards, bank account password, and uses your phone, credit cards, ATM (debit) cards or bank details to access your Zagaa Vipato account, and sends a payment from your Zagaa Vipato account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

  • If you give someone access to your Zagaa Vipato account (by giving them your login information) and they use your Zagaa Vipato account without your knowledge or permission. You are responsible for transactions made in this situation.
  • Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

You should contact Zagaa Vipato customer service immediately if you believe:

  • there has been an Unauthorized Transaction sent from your account;
  • there has been unauthorized access to your account;
  • your Zagaa Vipato login information has been lost or stolen; or
  • any device you have used to access your Zagaa Vipato account has been lost, stolen or deactivated.

You must give us all the available information relating to circumstances of any Unauthorized Transactions, and/ or misappropriated or unauthorized use of your account, and take all reasonable steps requested to assist Zagaa Vipato in its investigation.

Error Resolution

What is an Error

An “Error” means the following:

  • a processing error made by Zagaa Vipato or its suppliers in which your Zagaa Vipato account is mistakenly debited or credited.
  • A transaction is missing from or not properly identified in your Zagaa Vipato account statement.
  • We make a computational or mathematical error related to your Zagaa Vipato account.

What is not considered an Error

The following are NOT considered errors:

  • If you give someone access to your Zagaa Vipato account (by giving them your login information) and they use your Zagaa Vipato account without your knowledge or permission. You are responsible for transactions made in this situation.
  • Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
  • If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example). (Your only recourse in this instance will be to contact the party to whom you sent the payment and ask them to refund the payment. Zagaa Vipato will not reimburse you or reverse a payment that you have made in error.)

In case of errors or questions about your electronic transfers

Contact us at our Resolution Centre.

Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than three (3) days after transaction. Tell us your name, email address and account number (if any).

  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the value/ amount of the suspected error.

If we determine that there was an error, we will promptly make an adjustment and/ or make a reversal/ refund of the erroneous transaction within 1 Business Day of our determination.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

  • You receive less than the correct amount to which you were entitled, then we will credit your Zagaa Vipato account for the difference between what you should have received and what you actually received.
  • You receive more than the correct amount to which you were entitled, then we will debit your Zagaa Vipato account for the difference between what you actually received and what you should have received.
  • Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
    • through no fault of ours, you did not have enough available funds to complete the transaction;
    • our system was not working properly and you knew about the breakdown when you started the transaction; or
    • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

  • Delays that result from Zagaa Vipato applying limitations.
  • Delays based on a payment review.
  • Your errors in making a transaction (for example, mistyping an amount that you are sending).

Communications Between You and Us

You agree that Zagaa Vipato and its affiliates may contact you by email for marketing purposes. You may opt-out of receiving marketing communications by clicking on the unsubscribe link in any Zagaa Vipato email or receipt you receive from us. Please allow up to 10 Business Days for the opt-out to take effect. We will provide factual information about your account or the Zagaa Vipato services, even if you have opted-out of receiving marketing communications.

If you provide us your mobile phone number, you agree that Zagaa Vipato and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) inform you about your use of the Zagaa Vipato services and/ or service your Zagaa Vipato accounts, (ii) or investigate or prevent fraud.

We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but will not share your mobile phone number with third parties for their own purposes without your consent.

You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by Zagaa Vipato. You can decline to receive autodialed or prerecorded message calls or texts to your mobile phone number in several ways, including, via an email transaction receipt, phone USSD settings, or by contacting Zagaa Vipato Customer Service.

The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. However, we may still call you directly using other means if we need to speak with you.

Zagaa Vipato may communicate with you about any Zagaa Vipato account or transaction information and the Zagaa Vipato services electronically. It is your responsibility to keep your contact details including primary email address up to date so that Zagaa Vipato can communicate with you electronically. You understand and agree that if Zagaa Vipato sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Zagaa Vipato will be deemed to have provided the communication to you effectively.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Zagaa Vipato to your email address book so that you will be able to view the communications we send to you.

You can update your primary email address or postal and physical addresses at any time by logging into the Zagaa Vipato website. If your email address becomes invalid such that electronic communications sent to you by Zagaa Vipato are returned, Zagaa Vipato may deem your account to be inactive, and we may suspend your account preventing you from transacting any activity using your Zagaa Vipato Account until we receive a valid, working primary email address from you.

Zagaa Vipato reserves the right to close your account if you withdraw your consent to receive electronic communications.

You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Liability for Unauthorized Transactions and Other Errors process), written notices to Zagaa Vipato must be sent by postal mail to: Zagaa Vipato Services.

You understand and agree that, to the extent permitted by law, Zagaa Vipato may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Zagaa Vipato or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Zagaa Vipato may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Zagaa Vipato, and Zagaa Vipato does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Zagaa Vipato’s Rights

Zagaa Vipato suspension and termination rights

Zagaa Vipato, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Zagaa Vipato services) operated by us or on our behalf or some or all of the Zagaa Vipato services for any reason and at any time upon notice to you.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “Zagaa Vipato” to refer to Zagaa Vipato Services and our affiliates, and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify Zagaa Vipato for actions related to your Zagaa Vipato account and your use of the Zagaa Vipato services. You agree to defend, indemnify and hold Zagaa Vipato harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Zagaa Vipato services, your violation of any law or the rights of a third party and/ or the actions or inactions of any third party to whom you grant permissions to use your Zagaa Vipato account or access our websites, software, systems (including any networks and servers used to provide any of the Zagaa Vipato services) operated by us or on our behalf, or any of the Zagaa Vipato services on your behalf.

Limitation of liability

Zagaa Vipato’s liability is limited with respect to your Zagaa Vipato account and your use of the Zagaa Vipato services. In no event shall Zagaa Vipato be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Zagaa Vipato services) operated by us or on our behalf, any of the Zagaa Vipato services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Zagaa Vipato is not liable, and you agree not to hold Zagaa Vipato responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Zagaa Vipato services) or any of the Zagaa Vipato services; (2) delays or disruptions in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Zagaa Vipato services), and any of the Zagaa Vipato services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Zagaa Vipato services), any of the Zagaa Vipato services, or any website or service linked to our websites; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Zagaa Vipato services), any of the Zagaa Vipato services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension, closure, limitation or other action taken with respect to your Zagaa Vipato account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Zagaa Vipato’s policies.

Disclaimer of Warranty and Release

No warranty

The Zagaa Vipato services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Zagaa Vipato specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Zagaa Vipato does not guarantee continuous, uninterrupted or secure access to any part of the Zagaa Vipato services, and operation of our websites, software, or systems operated by us or on our behalf (including any networks and servers used to provide any of the Zagaa Vipato services) may be interfered with by numerous factors outside of our control. Zagaa Vipato will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and mobile money are processed in a timely manner but Zagaa Vipato makes no representations or warranties regarding the amount of time needed to complete processing because the Zagaa Vipato services are dependent upon many factors outside of our control, such as delays in the banking system or mobile money services. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country/ region to country/ region.

Release of Zagaa Vipato

If you have a dispute with any other Zagaa Vipato account holder, you release Zagaa Vipato from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Disputes with Zagaa Vipato

Contact Zagaa Vipato First

If a dispute arises between you and Zagaa Vipato, acting as either a sender or receiver, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Zagaa Vipato regarding the services may be reported to Zagaa Vipato Customer Service.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief), you may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If you elect arbitration, you will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by you and us. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/ or be solely based on written submissions, the specific manner shall be chosen by you; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Intellectual Property

Zagaa Vipato’s trademarks

“Zagaa Vipato.com, “, “Zagaa Vipato, ” and all logos related to the Zagaa Vipato services are either trademarks or registered trademarks of Zagaa Vipato or Zagaa Vipato’s licensors. You may not copy, imitate, modify or use them without Zagaa Vipato’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/ or trade dress of Zagaa Vipato. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Zagaa Vipato for the purpose of directing web traffic to the Zagaa Vipato services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Zagaa Vipato or the Zagaa Vipato services or display them in any manner that implies Zagaa Vipato’s sponsorship or endorsement. All right, title and interest in and to the Zagaa Vipato websites, any content thereon, the Zagaa Vipato services, the technology related to the Zagaa Vipato services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Zagaa Vipato and its licensors.

License grants, generally

If you are using Zagaa Vipato software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, then Zagaa Vipato grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/ or use Zagaa Vipato’s software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Zagaa Vipato services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, Zagaa Vipato and third parties. Zagaa Vipato may update or discontinue any software upon notice to you. While Zagaa Vipato may have (1) integrated certain third-party materials and technology into any web or other application, including its software, and/ or (2) accessed and used certain third-party materials and technology to facilitate providing you with the Zagaa Vipato Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third-party materials or technology, or otherwise create any derivative works from any of the software or third-party materials or technology. You acknowledge that all rights, title and interest to Zagaa Vipato’s software are owned by Zagaa Vipato and any third-party materials integrated therein are owned by Zagaa Vipato’s third party service providers. Any other third-party software application you use on the Zagaa Vipato websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Zagaa Vipato does not own, control nor have any responsibility or liability for any such third-party software application you elect to use on any of our websites, software and/ or in connection with the Zagaa Vipato services. If you are using the Zagaa Vipato services on the Zagaa Vipato website, or other website or platform hosted by Zagaa Vipato, or a third party, and are not downloading Zagaa Vipato’s software or using third party software applications on the Zagaa Vipato website, then this section does not apply to your use of the hosted Zagaa Vipato services.

License grant from you to Zagaa Vipato; intellectual property warranties

Zagaa Vipato does not claim ownership of the content that you provide, upload, submit or send to Zagaa Vipato. Nor does Zagaa Vipato claim ownership of the content you host on third-party websites or applications that use Zagaa Vipato services. Subject to the next paragraph, when you provide content to Zagaa Vipato or post content using Zagaa Vipato services, you grant Zagaa Vipato (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any media known now or in the future to help us improve, operate and promote our current services and develop new ones. Zagaa Vipato will not compensate you for any of your content. You acknowledge that Zagaa Vipato’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Zagaa Vipato. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to Zagaa Vipato, your posting of content using the Zagaa Vipato Services, and Zagaa Vipato’s use of such content (including of works derived from it) in connection with the Zagaa Vipato services.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without Zagaa Vipato’s prior written consent. Zagaa Vipato may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding national holidays recognized in Republic of Kenya.

Complete Agreement and Survival.

This user agreement, along with any applicable Policies on the Legal Agreements page on the Zagaa Vipato website, sets forth the entire understanding between you and Zagaa Vipato with respect to the Zagaa Vipato services. All such terms which by their nature should survive, will survive the termination of this user agreement. If any provision of this user agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Governing law and jurisdiction

This Agreement will be governed by and interpreted in accordance with the laws of the republic of Kenya, as such laws are applied to agreements entered into and to be performed entirely within Republic of Kenya, without regard to conflict of law provisions. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against Zagaa Vipato must be resolved by a court located in Republic of Kenya or where the defendant is located. You agree to irrevocably submit to the non­-exclusive jurisdiction of the courts located within Republic of Kenya for the purpose of any suit, action or other proceeding arising out of this user agreement or your use of our websites or the services.

Improperly Filed Litigation

All claims you bring against Zagaa Vipato must be resolved in accordance with this user agreement. All claims filed or brought contrary to this user agreement shall be considered improperly filed and a breach of this user agreement. Should you file a claim contrary to this user agreement, Zagaa Vipato may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Zagaa Vipato has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Identity authentication

You authorize Zagaa Vipato, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

  • asking you for further information, such as your date of birth, your taxpayer or national identification number, your physical address and other information that will allow us to reasonably identify you;
  • requiring you to take steps to confirm ownership of your email address or financial instruments;
  • verifying your information against third party databases or through other sources; or
  • requiring you to provide further documentation, such as your driver’s license or other identifying documents at any time.

Anti-money laundering and counter-terrorism financing laws may require that Zagaa Vipato verify certain identifying information if you use certain Zagaa Vipato services. Zagaa Vipato reserves the right to close, suspend, or limit access to your Zagaa Vipato account and/ or the Zagaa Vipato services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Terms in English; Translation of agreement

It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.

 

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