VIUPAY FARE USER AGREEMENT

  1. Introduction This User Agreement (hereinafter referred to as “Terms and Conditions”) is a contract between you and ViupayFare which governs your use of the ViupayFare account and ViupayFare services. Please read and understand the terms and conditions contained in this agreement before being agreed to be bound by its terms.
    1. The term “You” refers to all individuals and/or entities accessing the ViupayFare Service/ Mobile Application/ ViupayFare accounts for any reason.
    2. The terms “we” and “ViupayFare” are used interchangeably and refer to ViupayFare itself, ViupayFare and all individuals and/or entities acting directly on behalf of transactions for ViupayFare.
    3. These Terms apply in full force and effect to your use of the ViupayFare Account and ViupayFare services and by using this ViupayFare Service or any of its online platforms, you expressly accept all terms and conditions contained herein in full.
    4. If you disagree with the contents of this agreement, you should not accept the terms and conditions set in this agreement and as a consequence, you shall be unable to use the ViupayFare account and ViupayFare services, or have any other concern, please email our customer care team on support@ViupayFare.co.ke or call us on the following telephone number +254742991991.
    5. These terms incorporated by reference in this Agreement override any terms or conditions previously published by ViupayFare.
    6. This terms and conditions may be amended at any time by posting a revised version on our service. The revised version will be effective at the time of posting.
    7. We advise you to review the Terms of Use on a regular basis. It is your responsibility to ensure that you understand the Terms of Use.
  2. Our Relationship
    1. ViupayFare is a digital platform that enables commuters who use public service vehicles and boda bodas in Kenya to pay their fares electronically through the platform provided. ViupayFare is an independent contractor for all purposes. ViupayFare does not have control of, or liability for, the products and services that are paid for with the ViupayFare services.
    2. Privacy: Protecting your privacy is very important to ViupayFare. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

    3. Consent for Marketing activities: You hereby consent to use of your data for purposes of customer support, notices on your transactions, for troubleshooting purposes, for investigative purposes, for targeted marketing for ViupayFare and its affiliates, service update notices, and promotional offers.

      ViupayFare may contact you on your telephone number, through calls, text messages (SMS) or e-mail messaging as a ViupayFare account holder/ ViupayFare wallet subscriber to cross sell ViupayFare services, other ViupayFare affiliates services and services incidental to your subscription.

    4. Notices to You: You expressly consent to have ViupayFare send communications regarding your ViupayFare account and ViupayFare services electronically. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to your service or email/SMS it you.
    5. Calls recording: You agree to receive calls and SMS at the mobile phone number (registered during account opening). We shall not share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with our affiliates or with our service providers. You understand and agree that ViupayFare may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with ViupayFare or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with ViupayFare may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by ViupayFare, and ViupayFare does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
  3. Accounts
    1. Eligibility: To open a ViupayFare Account or to use ViupayFare Services, you should be at least eighteen (18) years old.
    2. Opening a ViupayFare account: You may open an account electronically through the USSD Code *487*12# or any other process that may be availed to you.
    3. Identity Authentication: You authorize ViupayFare, directly, through third parties or otherwise to make any necessary inquiries to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address/phone number or financial instruments or verifying your information against third party databases or through other sources. ViupayFare reserves the right to close, suspend, or limit access to your account and/or the ViupayFare services in the event we are unable to obtain or verify this information.
    4. Access Responsibility:
      1. You have full and unfettered access to your account subject to compliance to this agreement.
      2. Unauthorized access: You shall not use the access to your account to illegally access the ViupayFare system or any other person access and such unauthorized access shall mandate suspension of your account. Further to this any illegal transfer of money to your E-wallet shall mandate immediate suspension of your account.
      3. Password Security: You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the ViupayFare Services.
    5. Dormant and Deceased persons accounts: If you fail to initiate any transactions or log in to your account for a period of two (2) years, ViupayFare shall presume your account dormant. ViupayFare shall make efforts to communicate to you to activate your account. Should you fail to initiate any log in into your account for a period of five (5) years your account shall be declared abandoned and any funds therein shall be transferred to the Unclaimed Financial Assets Authority or as the law shall provide. Upon notice of your demise, your account shall be temporarily suspended to prevent transactions from your account. Access shall be granted upon production of Grants of Probate or Letters of Administration or to your legal representatives duly appointed by a court of competent jurisdiction. Once all funds in a deceased persons account are withdrawn by a legal representative the account shall be closed.
  4. Anti Money Laundering
    1. ViupayFare is committed to full compliance with applicable laws and regulations regarding anti money laundering. We do this to protect you as our customer and prevent people engaging into fraud through our platforms.
    2. We shall check all transactions and report any suspicious transaction to the relevant authorities in Kenya. If you become aware of any suspicious activity relating to any transaction, you must report this to us immediately by sending an email to the following address: support@ViupayFare.co.ke
    3. We may suspend, block or close your account and withhold funds, in accordance with the Prevention of Crime and Anti-Money Laundering Act No. 9 of 2009 or any relevant legislation or as demanded by the authorities.
    4. As part of our compliance procedures, we shall collect information from you to satisfy our Know Your Customer requirements. This means that we may request information from you due to a specific identification requirement or as a result of our watch list screening process.
    5. We may ask you to provide documentation to help confirm your identity or provide additional information regarding your business or identity.
  5. Warranty Disclaimer
    1. ViupayFare will always ensure that the service is available at all times and bug free. However, it is used at your own risk.
    2. This service/ mobile application/ViupayFare services is provided “as is” without any representations or warranties, express or implied. ViupayFare makes no representations or warranties in relation to this service/mobile application/ViupayFare services or the information and materials provided therein.
    3. Without prejudice to the generality of the foregoing paragraph, ViupayFare does not warrant that: this service will be constantly available, or available at all; or that the information on this service is complete, true, accurate or non-misleading. Nothing on this service constitutes, or is meant to constitute, professional advice of any kind. If you require advice on any matter you should consult an appropriate professional.
    4. Your use of our services are at your own risk and you alone will be responsible for any damage that results in loss of data or damage to your computer system. No advice or information, whether oral or written obtained by you from our service or our services will create any warranty or condition not expressly stated.
  6. Term and Termination
    1. This Agreement shall commence from the date of use of the ViupayFare Service/ViupayFare Services and account opening.
    2. This Agreement shall terminate immediately upon any of the following circumstances:
      1. If you close your account;
      2. If you go into liquidation either compulsory or voluntary or if a receiver is appointed in respect of all or any of your assets;
      3. If any event equivalent to the above occurs and affects you;
      4. You are guilty of a criminal offence involving fraud, dishonesty or other financial impropriety;
      5. You are being dissolved or wound up through court or otherwise;
      6. You violate any provision of the regulations as may, in the opinion of ViupayFare, warrant termination of the agreement;
      7. For the avoidance of doubt, termination of this Agreement may also be initiated by the Central Bank of Kenya.
    3. Subject to the above, obligations related to your account may supersede termination date.
  7. Limitation of Liability ViupayFare will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this agreement/service/ViupayFare service:
    • To the extent that the service is provided free-of-charge, for any direct loss;
    • For any indirect, special or consequential loss; or
    • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  8. Indemnification You hereby indemnify ViupayFare and undertake to keep ViupayFare indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you of any provision of this agreement, or arising out of any claim that you have breached any provision of this agreement.
  9. Governing Law This Agreement will be governed by, and construed in accordance with the Laws of Kenya and the parties irrevocably submit to the exclusive jurisdiction of the Kenyan Courts.
  10. General
    1. Nothing in this Agreement shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between us.
    2. No waiver of any breach of this Agreement shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Agreement.
    3. If a provision of these agreements is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    4. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect.
    5. These terms apply exclusively to your access to, and use of, this service/ViupayFare services and does not alter in any way, the terms or conditions of any other agreement you may have with ViupayFare for products, services or otherwise.
    6. This agreement may be changed without notice. Your continued use of this service or ViupayFare Account or ViupayFare services after any such changes constitute your acceptance of the new terms and conditions.