Terms and Conditions for the Customer
Terms of Conditions
Welcome to the JumiaPay website. Please read these terms and conditions carefully. The following Terms of Conditions govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Conditions. If you do not agree to these Terms of Conditions, please do not access and/or use this Platform or the Services.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services; and (iii) your acceptance and compliance with these Terms of Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Conditions.
2. General use of Services and/or access of Platform
2.1. Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2. Use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3. Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4. Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
a. monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
b. prevent or restrict access of any Customer to the Platform and/or the Services;
c. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
d. to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.6. General terms of Conditions: You agree:
a. to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
b. to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
2.7. Restrictions: Use of the Services is limited to authorize Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
2.8. Additional terms: In addition to these Terms of Conditions, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Intellectual property
3.1. Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
3.2. Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
3.3. Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
4. Our limitation of responsibility and liability
4.1. No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
a. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
b. that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
c. that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
d. the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
4.2. Exclusion of liability: JumiaPay Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
a. any access, use and/or inability to use the Platform or the Services;
b. reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
c. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
d. any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
4.3. At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
5. Hyperlinks, alerts and advertising
5.1. Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
5.2. Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Business Partners’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
6. Your submissions and information
6.1. Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
6.2. Consent to share information with Merchants: You understand that in order to complete transactions on Merchant sites, it may be necessary to share some of the basic information provided by you with the Merchants for the purpose of concluding transactions. You thereby consent to and authorize JumiaPay to share your basic information with related Merchants.
6.3. Consent to receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 6.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Kenya or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
7.1. Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Conditions or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
7.2. Termination by you: You may terminate these Terms of Conditions by giving seven days’ notice in writing to us. Upon receipt of your termination notice, we will regard your notice as a formal request to us to close your Customer Account and the account closure process shall be in accordance with the provisions set out in this Terms of Conditions.
8.1. Notices from us: All notices or other communications given to you if:
a. communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
b. sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
8.2. Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
8.3. Other modes: Notwithstanding Clauses 9.1 and 9.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
9.1. Cumulative rights and remedies: Unless otherwise provided under these Terms of Conditions, the provisions of these Terms of Conditions and our rights and remedies under these Terms of Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
9.2. No waiver: Our failure to enforce these Terms of Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Conditions. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Conditions.
9.3. Severability: If at any time any provision of these Terms of Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Conditions.
9.4. Rights of third parties: A person or entity who is not a party to these Terms of Conditions shall have no right to enforce any term of these Terms of Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Conditions.
9.5. Governing law: Use of the Platform and/or the Services and these Terms of Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya and you hereby submit to the exclusive jurisdiction of the Kenya courts.
9.6. Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.7. Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Conditions, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Conditions. Our right to vary these Terms of Conditions in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Conditions.
9.8. Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
9.9. Language: In the event that these Terms of Conditions is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Conditions shall govern and shall take precedence over the Foreign Language Version.
9.10. Entire agreement: These Terms of Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
9.11. Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.12. Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
9.13. Assignment: You may not assign your rights under these Terms of Conditions without our prior written consent. We may assign our rights under these Terms of Conditions to any third party.
9.14. Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Conditions:
1.1. “Customer” means an authorized user of the Platform and/or the Services.
1.2. “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3. JumiaPay Indemnitees” means JumiaPay and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4. “JumiaPay”, “we”, “our” and “us” refer to Ecart Services Kenya Limited a Limited liability Company incorporated under the laws of Kenya and of P.O Box 26106-00100 Nairobi Kenya.
1.5. “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.6. “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.7. “Password” refers to the valid password that a Customer who has an account with JumiaPay may use in conjunction with the Username to access the relevant Platform and/or Services.
1.8. “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.9. “Platform” means (a) both the web and mobile versions of the website operated and/or owned by JumiaPay which is presently located at the following webpage; and (b) the mobile applications made available from time to time by JumiaPay, including the iOS and Android versions.
1.11. “Product” means a product (including any installment of the product or any parts thereof) available via our business partners’ websites.
1.12. “Business Partners” means external third party vendors and merchants.
1.13. “Prohibited Material” means any information, graphics, photographs, data and/ or any other material that:
a. contains any computer virus or other invasive or damaging code, program or macro;
b. infringes any third-party Intellectual Property or any other proprietary rights;
c. is defamatory, libelous or threatening;
d. is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
e. is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.14. “Services” means services, information and functions made available by us at the Platform.
1.15. “Submission” is as defined in Clause 6 of these Terms of Conditions.
1.16. “Terms of Conditions” means the recitals, Clauses 1 to 9 and any Schedules to these terms and conditions.
1.17. “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.18. “Username” refers to the unique login identification name or code which identifies a Customer who has an account with JumiaPay.
1.19. “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.20. “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
Any reference in these Terms of Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of JumiaPay and the provision which is more favorable to JumiaPay shall prevail.
Terms & Conditions of Service1. Description of Payment Service
1.1. JumiaPay operates an electronic payment service that enables you, the customer to send payments to online merchants registered with JumiaPay ("Customer Services"). JumiaPay reserves the right to add the functionality to send and receive payments from other users via JumiaPay in the future. When registering, we will create an online account ("Customer Account") which holds electronic money for use in online transactions.
1.2. All fees for use of the Customer Services ("Customer Fees") are set forth in the fees schedule in the currency posted on this Site and you acknowledge and agree that the Customer Fees may be amended from time to time without prior advance notice to you in accordance with these Terms & Conditions. You should check the fees schedule posted on this Site regularly for the latest applicable Customer Fees.
1.3. The Customer Fees under these Terms & Conditions shall be in the Naira currency.2. Relationship
2.1. JumiaPay helps you to make payments to and certain third parties who are approved / authorized by JumiaPay. JumiaPay is an independent contractor and only acts as your agent with respect to the services being provided as a payment gateway. JumiaPay does not have control of, nor has liability for any items that you may purchase online or for ensuring that online transactions will be completed by the other party. JumiaPay maintains separate and independent funds for our corporate purposes and the funds available in your account are exclusively for your own use only.
2.2. You acknowledge and agree that:
a. JumiaPay is not licensed as a bank, nor is providing banking services and/or related banking services and/or carrying out functions which are integral or closely related to banking business, nor is JumiaPay allowed to grant any form of credit or lending, nor engage in the business of accepting deposits;
b. JumiaPay only acts as your agent in respect of its custody of your electronic money, and does not act as a trustee or accept any fiduciary role in respect of the electronic money in your Customer Account.3. Registration
3.1. You must enter and maintain up to date, accurate and complete personal information as requested by JumiaPay including, without limitation, your name, address, telephone number, date of birth and email address ("Registration Information") in order to become and continue to be a Customer. JumiaPay may request that you provide further information or documentation at any time and for any reason including, without limitation, to confirm your identity, age and/or to confirm ownership of your bank details or debit, credit, prepaid facilities, e.g. cards which you have registered with JumiaPay. You agree that you will provide such information and/or documentation promptly to JumiaPay upon request. If you do not provide such information and/or documentation promptly, JumiaPay may, without liability, either limit your use of the JumiaPay Services or suspend or close your Customer Account.
3.2. You authorize JumiaPay to make any enquiries it considers necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
3.3. Each person is only entitled to open one Customer Account. If you open more than one Customer Accounts, JumiaPay shall contact you to identify your sole Customer Account. JumiaPay shall then, without liability, close your other Customer Account/s and transfer any balances to your sole Customer Account.
3.4. Customers with JumiaPay accounts
3.4.1. Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:
a. determined and issued to you by us; or
b. provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
3.4.2. Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
a. access to the relevant Platform and/or use of the Services by you; or
b. information, data or communications posted, transmitted and validly issued by you. You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.4. Adding Funds to JumiaPay Customer Account
4.1. You hereby authorize JumiaPay to obtain or receive funds on your behalf from your chosen payment source. You agree to upload electronic money to your Customer Account in accordance with the directions available under the Customer Service Area on the Site (as may be amended by he JumiaPay from time to time) and you agree that you will not use any unauthorized, invalid or illegal payment method to upload electronic money to your Customer Account.
4.2. JumiaPay will do KYC processes local law and our internal risk assessment.5. Payment
5.1. You must ensure, when using the Customer Services, to purchase goods or services online, that the merchant to whom you wish to make payment to is duly registered and approved by JumiaPay ("Merchant").
5.2. When you make a payment through our Payment Gateway, JumiaPay will authorize the transfer of the necessary electronic money including Customer Fees and all necessary fees, from your Card or Mobile money provider. You acknowledge and agree that if there are insufficient funds in your Card or Mobile Money Account to make the necessary payment; JumiaPay will not authorize the payment and may proceed to cancel the transaction. JumiaPay shall not be liable for any loss, damage or liability suffered or incurred by you or such other person from a transaction being cancelled in the circumstances where insufficient funds in on your card prevented you from concluding the transaction.6. Fees
You are responsible for the payment of all Customer Fees in relation to your use of the Customer Services. The current Customer Fees (as may be amended by JumiaPay from time to time in accordance with these Terms & Conditions) are posted on the Site. Prior to registering as a Customer, and prior to carrying out any transactions using the Customer Services, you should review the Customer Fees and if you proceed to use our Site, you would be deemed to have accepted the fee structure that will apply to your transaction which shall be payable to us. All Customer Fees are due and payable immediately and shall be deducted by JumiaPay via automatic debit from your Card or Mobile Money Account. JumiaPay may, without liability, charge you a correction fee (in accordance with the table below) if incorrect payment details are provided to us. Please note that you are solely responsible for the payment of all applicable taxes, duties or other charges in relation to your use of the Customer Services.
Description Fees Account Opening Free Payment Processing To or From Your Account Free Pre-Loading / Funding Your Account Free Correction Fee: in case you provided insufficient or incorrect information so that we could not automatically process a transaction from or to your account Free Failed Payment Fee: in case you request a chargeback or reversal of a transaction or otherwise cause a transaction to fail after completing a purchase Free
7. Restricted Activities
7.1. You acknowledge and agree that you will not use the Customer Services:
a. to pay for any illegal material whatsoever including, without limitation, illegal downloads;
b. to pay for any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and / or services; and/or
c. for, or in relation to, any illegal purpose or criminal activity of any nature.
d. To facilitate any illegal or unlawful or fraudulent activities of any nature.
7.2. You acknowledge and agree that JumiaPay may report any suspicious activity to the relevant authorities. JumiaPay may without liability:
a. apply such prevention and detection procedures as it deems necessary; and/or
b. cancel or refuse any transactions or suspend or close any Customer Accounts;
7.3. In connection with your use of the Site, your Customer Account and the Customer Services, or, otherwise, in the course of your interactions with JumiaPay, another JumiaPay customer, a JumiaPay Merchant or any other third party on our Site, you will not:
b. violate any laws or regulations or third party rights;
c. infringe JumiaPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
e. use JumiaPay to facilitate any sale or purchase of counterfeit goods;
f. post, promote or transmit through the Platform or Services any Prohibited Materials;
g. act in a manner that is defamatory, libelous, unlawfully threatening or harassing;
h. provide false, fraudulent, inaccurate or misleading information;
i. send or receive what JumiaPay reasonably believes to be potentially fraudulent funds;
j. unreasonably refuse to cooperate in an investigation by JumiaPay or provide confirmation of your identity or other requested information to JumiaPay;
k. attempt to receive funds from both JumiaPay and a JumiaPay Merchant or other third party seller for the same transaction by submitting similar claims;
l. use an anonymizing proxy;
m. control a Customer Account that is linked in any way to another account that has or suspected to be engaged in any of these restricted activities;
n. use the Site, your Customer Account or the Customer Services in a manner that results in or may result in complaints, disputes, claims, fines, penalties and other liabilities to JumiaPay, another JumiaPay customer, a JumiaPay Merchant, any other third party or you;
o. take any action that imposes an unreasonable or disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure;
p. distribute viruses, Trojan horses, worms, or other computer programming technologies that may harm the Site, or the interests or property of any other JumiaPay customers, JumiaPay merchants and any other third parties, including other users on the Site;
q. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
r. take any action that may cause us to lose any services from our internet service providers, payment processors, or other suppliers;
s. interfere with another’s utilization and enjoyment of the Platform or Services;
t. circumvent or manipulate our fee structure, billing process, or fees owed to JumiaPay; or
u. transfer your Customer Account to another third party without our prior written consent.
7.4. You represent and warrant that you are not violating any applicable laws or regulations through your use of the Site, your Customer Account and/or the Customer Services, and you agree to defend, indemnify and hold JumiaPay, its directors, employees, agents, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability made or incurred by JumiaPay, any JumiaPay Merchant, any other JumiaPay customer or any third party due to or arising out of your breach of this representation and warranty.
7.5. If we have reason to believe that you have engaged in any of the restricted activities as set out in clause 7.1 to 7.4, we may take various actions to protect JumiaPay, JumiaPay Merchants, other JumiaPay customers, any third party or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. suspending or closing your Customer Account for as long as we deemed to be reasonably necessary;
b. applying, at our sole discretion, prevention and detection procedures and refusing the execution of transactions if there are grounds to suspect that a Customer Account is being or may be used for illegal, unlawful or fraudulent purposes; or
c. taking further steps as JumiaPay in its sole discretion may deem necessary including taking legal action against you.
7.6. If we close your Customer Account, we will provide you with notice of our actions. If we suspend your Customer Account, we will provide you with notice of our actions and an opportunity to request for restoration of access, if and when appropriate. Any restoration of access shall be at JumiaPay's discretion and shall be subject to JumiaPay’s policies and procedures.8. Closure of Customer Account
8.1. You may request that JumiaPay closes your Customer Account at any time by contacting JumiaPay Customer Support. Contact details for the JumiaPay Customer Support are available on the Site. Closure of your Customer Account will not cancel any transactions which you have already undertaken which are pending payment from your electronic money in your Customer Account.
8.2. JumiaPay at its sole discretion may close a Customer Account at any time upon at least one (1) week notice to the Customer and will contact the Customer to arrange for the refund of any electronic money in your Customer Account. The Customer shall remain liable for all obligations related to his/her Customer Account even after closure of the account for up to 180 days. The Customer may not use closure of his account as a means of evading liabilities - if an investigation is pending at the time the Customer closes his account, JumiaPay may continue to hold his funds for up to 180 days in order to protect JumiaPay against any risk of reversals.
8.3. If you do not log in to your Customer Account for more than six (6) months, and there are no funds remaining in your Customer Account, JumiaPay will treat your account as dormant and may suspend your Customer Account. If your account is suspended, you should contact JumiaPay Customer Support to reactivate your Customer Account. JumiaPay will reactivate your Customer Account at its sole discretion and subject to JumiaPay’s policies and procedures.
8.4. JumiaPay may, at any time, at its sole discretion, discontinue your use of your Customer Account or the Customer Services or any part thereof. JumiaPay shall endeavor to provide notice of any such discontinuation of your Customer Account or the Customer Services. You agree that JumiaPay shall not be liable to you or any third party in relation to any inability for you to access to your Customer Account or the Customer Services or any part thereof.
8.5. JumiaPay will refund to you any electronic money which is in your Customer Account as soon as practicable after its closure by the most suitable payment method which JumiaPay, in its sole discretion, shall direct to the Customer, provided that the Customer provides JumiaPay with either:
a. valid bank account details where the name and address details of the bank account holder match the name and address details of the registered Customer on the Site; or
b. a copy of a valid form of ID acceptable in its sole discretion to JumiaPay (e.g. a passport or driving license). JumiaPay has the right not to return disputed funds or any funds which relate to a breach of this Customer Agreement until such time as the dispute in relation to such funds has been resolved or, in relation to a breach of this Customer Agreement, a court of competent jurisdiction has determined the matter.
8.6. JumiaPay reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorizing any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Customer Account.This is without prejudice to any other rights or remedies of JumiaPay under this Customer Agreement or otherwise.