Terms and Conditions
Acceptance of the Terms
You hereby represent that you possess the legal authority to enter into these Terms on you and your organization’s (if applicable) behalf and to form a binding agreement under any applicable law, to use the Mobile Application in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Mobile Application shall obligate you and your organization (if applicable).
We will contact you via MONEYAP Facilities, or through your email, mobile or address. Please let us know if any of these changes.
You can contact us through the Mobile Application:
1.PRODUCTS FACILITATED BY MONEYAP:
- MONEYAP Solutions (as listed below) are facilitated by YAP FINTECH GHANA LIMITED pursuant to the ICA, BIN and BBAN sponsorship of the ADB (“Sponsor Bank”).
- Pursuant to the licenses and authorizations received by MONEYAP, the following products and solutions shall be available to the Customer (“MONEYAP Solutions”).
- ADB powered Bank Account
- Debit Card
- Prepaid Cards
- MONEYAP is acting as a Payment services provider and program manager operating under a licence from the Bank of Ghana
In these Terms, the following words and phrases have the meanings shown next to them. The words capitalized but not defined herein in these Terms shall have the meanings ascribed to them in MONEYAP Terms and Conditions.
- Banking Services means any kind of banking service(s) offered by MONEYAP under the sponsorship of the Sponsor Bank to the Customers such as and without limitation to, digital banking, phone banking, withdrawals, deposits and payments through automated teller and/or cash deposit machines, making payments through internet or any other technology, and/ or any other kind of Services provided to the Customer at any time;
- Beneficiary: means a person whose bank card number or bank account number has been provided by the Customer to MONEYAP for the transfer of funds from the Card and/or the Customer Account to the beneficiary bank’s card or account.
- Card: means the any of the physical or virtual, MONEYAP Debit Card and/or MONEYAP Prepaid Card with a magnetic strip or chip or antenna, either contact or contactless, that electronically permits Cardholders to initiate Transactions with the entry of a personal identification mechanism (e.g. PIN) managed and distributed by MONEYAP pursuant to these App Terms;
- Customer: shall mean anybody corporate or individual customer whom MONEYAP Solutions are provided pursuant to these App Terms. In cases of body corporates, the term ‘Customer’ shall be deemed to include any user authorised by such an entity to conduct Transactions using any MONEYAP Solutions.
- Customer Account: Shall mean any account created by a Customer with MONEYAP using this Mobile Application for use of any MONEY APP Solutions. Such account shall only act as a link to any account created with the same BBAN and/or Customer details by the Sponsor Bank for the Customer.
- Debit Card is a Card that upon undertaking a Transaction the funds are immediately debited from a Cardholder’s account.
- Fund Transfer shall mean the transfer of funds from Customer Account to Beneficiary’s account pursuant to these App Terms
- BBAN means the set of international bank account numbers which will be facilitated by Sponsor Bank to MONEYAP for allocation to Customers.
- Prepaid Card means a general-purpose reloadable Card or any store value Card that may be used to undertake POS or ATM Transactions using money that has been loaded onto the Card in advance and is not linked to any bank account of the Card holders
- Remittance means a funds transfer from a Customer Account to any account maintained by the Customer or a third-party with another Bank or to the Beneficiary’s account.
- Transaction means (i) an ATM transaction, a POS transaction or a Smart Kiosk transaction which is initiated at a Terminal using a Card and a PIN, or (ii) a transfer which is initiated at a computer terminal or by a telephone using an interactive voice response system and which requires the use of a PIN, password and/or other authentication method.
- MONEYAP Account shall mean the account created by the Customer with MONEYAP by obtaining BBAN from the Sponsor Bank.
3. ELIGIBILITY FOR USING MONEYAP SOLUTIONS:
- If you’re under the age required to manage your own Customer Account, you must have your parent or legal guardian’s permission to use a Customer Account. Please have your parent or legal guardian read these terms App Terms together with any other MONEYAP Terms and Conditions.
- If you’re a parent or legal guardian, and you allow your child to use or access MONEYAP then these terms along with other MONEYAP Terms and Conditions applies to you and you’re responsible for your child’s activity on the solutions and/or services and are bound by these terms.
- Be advised: Some of MONEYAP Solutions will have additional age requirements and will not be available to minors- including MONEYAP Account
- MONEYAP does not and will not knowingly solicit or collect information from anyone who is not of legal age. Should we retrospectively become aware that a minor has provided us with personal information where such services and / or facilities are unavailable to minors, we will erase such information it immediately initiates the request with Sponsor Bank to close the related Customer Account.
- The Customer shall provider a valid form of Identity document along with any other identification document requested by MONEYAP for use of MONEYAP Solutions
4. FUND TRANSFER AND REMMITTANCE:
Fund Transfer and Remittance
- Fund Transfer services to Beneficiary’s account within shall only available for MONEYAP Account holders pursuant to these App Terms. The Customers can also avail the services of Remittance using money transfer services offered and authorized by the Sponsor Bank.
- Funds can be transferred from Customer Account to any Beneficiary account within Ghana. The Fund Transfer and Remittance services and shall only be available for MONEYAP Account & MONEYAP Debit Card holder.
- MONEYAP Prepaid Cardholders can only be eligible to avail the Remittance services after additional checks and approval by MONEYAP and Sponsor Bank.
- The Customer will be responsible for maintaining, adding, and deleting beneficiary’s names and details for any funds transfer request. To add a beneficiary the customer must enter the applicable verification code when requested by MONEYAP.
- MONEYAP reserves the right to decline any Fund Transfer request, if;
- Insufficient funds are available in Customer’s Account
- Beneficiary details provided are in-complete
- Fund Transfer request exceeds the permissible amount per day.
- Request is non-compliant with current rules of the Country
- Any AML Compliance issues raised due to your request
- MONEYAP shall have the right to request additional information from the Customer before initiating the Fund Transfer request. Payment instructions may not be completed or processed, until the additional details called for are provided by Customer.
- Customer understands that the funds are transferred by electronic fund transfer and are subject to cut-off time and stipulated daily limits of the Sponsor Bank.
- Customer Account cannot be overdrawn. The Customer shall ensure sufficient drawing balance in MONEYAP Account or MONEYAP Prepaid Card relating to the product and services provided by MONEYAP Solutions, before making any payment or Funds Transfer or Remittance. No withdrawals by way of Mobile Application, MONEYAP Debit, Prepaid or Virtual card or Electronic Instructions or any other manner will be issued in anticipation or realization of any other instruments or against any other effects, Neither MONEYAP nor its Sponsor Bank shall not be obliged to honor such Debit Instructions from Customers. All charges on such declined or unsuccessful transactions shall be borne by Customer.
- All charges mentioned at the time of transfer are exclusive of applicable taxes.
- All outward transfers are sent entirely at the customer’s risk.
- MONEYAP shall initiate the debit of Customer Account with fees and charges applicable for use of MONEYAP Solutions. Such fees and charges shall be in accordance with MONEYAP’s Schedule of Fees & Charges made available to the Customer from time to time.
- Charges for receiving mobile notifications messages shall be completely borne by Customer including those charges levied for SMS by a foreign operator if the relevant mobile phone has a roaming facility. The Customer agrees to receive any number of messages at any time.
Limitation of Liability for Funds Transfer and Remittance
- MONEYAP acts as a third-party facilitator for the Remittance services which are provided in partnership with the Sponsor Bank. MONEYAP shall in no way be responsible for any acts or omissions by the Sponsor Bank or any other Bank/financial institution at the beneficiary level, including and without limitation to any modification, interruption or discontinuation of such Remittance services.
- Customer understands that neither MONEYAP nor Sponsor Bank will investigate any discrepancies between the Beneficiary’s name and account number and that it will act only as per the Instructions of the Customer. If a Funds Transfer request identifies a beneficiary by name and account number, the Bank may execute those Instructions by reference to the account number only, even if the account number does not correspond with the beneficiary’s name. The Customer understands that other bank/financial institutions may not investigate discrepancies between beneficiary’s names and account numbers. Customer agrees that MONEYAP and Sponsor Bank will act only as per the instructions of the Customer.
- The Customer agrees not to request for any Funds Transfer that are not permitted under these Terms and Conditions and/or in violation of any rules, regulations and laws as applicable. MONEYAP is not responsible for any charges, costs or losses incurred as a result of any transactions that are not permitted under restrictions imposed by the beneficiary’s bank/financial institution or those imposed by law or any charges.
- MONEYAP will, as part of its regulatory obligations, screen all outward and inward payments to satisfy itself that the payment does not breach any local or international regulations including any regulation in connection with restricted beneficiaries.
- As part of this obligation, MONEYAP and/or its agents and correspondents reserve the right to seek from the customer/remitter any additional information with respect to the parties involved and purpose of the remittance/payment instruction. MONEYAP reserves the right to perform the screening process at any point during the processing of the payment instructions, even after handing over an intermediary receipt to the customer.
5. USE OF CARDS:
- The Customer agrees that any use of the Card, Card number or PIN by the Customer constitutes their authorization and consent to a Transaction.
- Customer cannot stop a transaction after it has been authorized and consented to by them and transmitted, or once the Customer has given the consent for a pre-authorized payment, subject to any fraudulent conduct or gross negligence by us or our suppliers.
- MONEYAP or Sponsor Bank may refuse a transaction or suspend or terminate the right to top up your card. MONEYAP may do this if the,
- a transaction might take the Customer over the available fund’s limits on the card; or
- a transaction might take the Customer over any of the card limits; or
- MONEYAP believes this is required to comply with any law, regulation or policy of any relevant regulator or government body.
- Availing the Card: The Customer shall receive the details of the card including the delivery of the physical Card directly from MONEYAP.
- Expiry of the Card
- The card’s expiry date shall be printed on the cards. The Cards may not be used after the expiry dates.
- The Customer shall receive a renewed Card upon expiry.
- The Customer may request and receive information on most types of Customer Accounts for which the Customer is MONEYAP Account & MONEYAP Debit Card holder or Prepaid Card holder
- MONEYAP may restrict:
- The maximum number of MONEYAP Debits Cards or MONEYAP Prepaid Cards, accessible per Customer;
- Total MONEYAP Prepaid Cards which the Customer can nominate for use on MONEYAP; and
- Customer use of MONEYAP on any particular Card (e.g. MONEYAP may limit the amount of any type of Transaction on a particular Account).
- MONEYAP reserves the right to limit the amount and frequency of Transactions that a Customer may use. MONEYAP further reserves the right to introduce or amend any limits imposed in relation to any Transaction or proposed Transaction.
- MONEYAP will endeavor to ensure the Mobile Application and Cards continue to function, but its operation may be subject to interruptions and/or require periodic modifications and improvements. To help reduce the risks, MONEYAP may introduce or modify limitations on Transaction size, funds Transfer destinations and other features of the Mobile Application.
6. NOTIFICATIONS AND SECURITY CODES:
- The Customer acknowledges that any Customer Account balance given to the Customer through the use of mobile notifications and email notifications shall not for any purpose whatsoever be taken as a conclusive statement of the Customer’s Account with the Sponsor Bank or Card usage.
- The Bank may, in its absolute discretion, post all Mobile Notifications to the Mobile Number of a Customer. The Customer acknowledges that in the future, the Bank may send Mobile Notifications and Email Notifications and triggers via additional mediums of communication.
- The Bank may from time to time, change the features of any trigger or Mobile Notifications and/or Email Notifications. It is the Customer’s responsibility to check all available Mobile Notifications and Email Notifications or triggers, which will be notified by the Bank on the Website and/or Customer’s Mobile Number/ Email ID. The Bank may from time to time and in its absolute discretion, add, delete, and/or modify the Mobile Notifications and/or Email Notifications and triggers without giving any notice to the Customer. Each such change is deemed to be binding whether or not the Customer has received specific notice of it.
- The Customer is advised:
- to remember the Security Codes and destroy any notification as soon as the Customer receives it;
- not to write down or record their Security Codes;
- that any security-related device must be kept physically secure, which includes making sure that Security Codes are not kept in any form (including by browser or any other software) in such a way that anyone using the same device can go through the security procedures using stored details;
- to note the restrictions for usage of the Security Codes and any other authentication methods/devices as advised by MONEYAP.
- The Customer is liable for the usage of the Security Codes and any other authentication methods used to access any of the services under MONEYAP Solutions.
- For the purposes of these Terms, the receipt of security codes, passwords, notification or any communication by any of the authorized users of the Customer as specified in the information forms provided by the Customer to MONEYAP shall be deemed to have been received by the Customer.
- The Customer irrevocably and unconditionally authorizes MONEYAP to:
- access his Customer Account which will include all transactions and payment authorizations on the Customer Account and Card as registered on MONEYAP Solutions to affect any transaction and as permitted by the terms of Sponsor Bank,
- disclose to the service provider or any other third-party, all Customer information in its possession, as may be required by them to provide services on MONEYAP Solutions and payment instruments.
- record the transaction details and agrees that all records generated by the transactions arising out of use of MONEYAP Solutions and payment instruments, including the time of the transaction, shall be conclusive proof of the genuineness and accuracy of the transactions.
- send any rejection message in relation to any instructions or proposed transaction, if it finds that the request sent by the Customer is not in accordance with these Terms & Conditions.
- introduce any new Service(s) through MONEYAP Facilities and/or MONEYAP Solutions at any time in future and undertake transactions using such new Service(s) when a request is received.
- Customer irrevocably authorizes MONEYAP to accept and act upon all instructions for financial transactions and non-financial transactions provided via MONEYAP Solutions by the Customer.
8. EQUIPMENT/MOBILE APPLICATION:
- The Customer is solely responsible for ensuring that the Mobile Device or other equipment with which Customer accesses and uses MONEYAP Solutions are suitable for such use and are functioning properly (including at any time providing sufficient storage for downloading data).
- Customer will be permitted to download the Mobile Application for installation into the Customer’s and be granted a limited, non-exclusive, non-transferable right to use the Mobile Application, provided the Customer agrees to:
- not use the Mobile Application for any purpose other than to access the services of MONEYAP Solutions on the Customer’s Mobile Device;
- not permit or enable any person to access MONEYAP Solutions, or leave the Mobile Device or equipment unattended in such a manner as to enable others to access the Facilities;
- neither reproduce, modify or reverse engineer, modify or decompile MONEYAP Solutions nor permit any other person to do so;
- not permit any person to access the Security Codes or otherwise enable any person to download a copy of MONEYAP Solutions.
- The Customer acknowledges that the Mobile application and all MONEYAP Solutions are owned, proprietary or licensed to MONEYAP.
- The Customer agrees to upgrade to the latest updated versions of MONEYAP Solutions when notified.
- MONEYAP is not required to support all the versions of Mobile Devices, other equipment, or operating systems.
9. CUSTOMER RESPONSIBILITIES:
- The Customer is responsible for protecting their security codes, passcodes, passwords to access MONEYAP Solutions.
- Authorized User: The Customer shall be responsible for acts and omissions of its authorized users for use and access to the MONEYAP Solutions. For the purposes of MONEYAP, only the users registered as Authorized Users at the time of opening of Customer Account or by way of subsequent written notification to MONEYAP through Application or any of MONEYAP Solutions shall be deemed to be an Authorized User. The Customer shall provide with the appropriate mobile number, e-mail address and contact information. At the time of opening of Customer Account, the Customer shall verify and provide the details of Authorized Users who shall be eligible to receive the notifications, passwords, security codes to access MONEYAP Solutions or carry out the Transactions.
- The Customer accepts that for the purposes of the use of MONEYAP Solutions, any instructions or Transaction emanating from the given registered device or mobile number shall be assumed to be initiated by the Customer.
- The Customer shall request MONEYAP , via MONEYAP Solutions or the Customer service center, to suspend or block the Card, change mobile number if the mobile device is lost or the mobile device or mobile number has been allotted to another person.
- The Customer shall immediately inform MONEYAP of any change in the mobile number or if the Customer becomes aware of any unauthorized transaction on his MONEYAP Account.
- It shall be the responsibility of the Customer to ensure they are updated regarding any information relating to MONEYAP Solutions and have read all notifications sent to them by MONEYAP.
- The Customer shall be responsible for providing the correct Beneficiary details for any Transaction.
10. CONFIDENTIALITY AND DISCLOSURE:
- To the extent not prohibited by applicable law, MONEYAP shall be entitled to transfer any information including Personal Information relating to the Customer for utilization of MONEYAP Solutions to and between its subsidiaries, affiliates, representatives, auditors, service providers or other third-parties selected by MONEYAP, wherever situated, for confidential use in connection with MONEYAP Solutions. MONEYAP shall be entitled at any time to disclose all information concerning the Customer within the knowledge and possession of MONEYAP to any financial institution or regulatory body. This clause will survive the termination of this Agreement.
- MONEYAP shall make all reasonable efforts to ensure that Customer information is kept confidential. However, MONEYAP shall not be responsible for any divulgence or leakage of confidential Customer information where MONEYAP is not in breach of confidentiality laws or the regulations of the Republic of Ghana.
- MONEYAP does not warrant confidentiality or security of the messages and notifications whether personal or otherwise transmitted through MONEYAP Solutions. MONEYAP makes no warranty
- representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer, resulting from or in connection with MONEYAP Solutions.
- The Customer unconditionally accepts that some information regarding Solutions, messages, notifications or triggers may be transmitted to or stored at various locations accessible by MONEYAP personnel and its affiliates within or outside the Republic of Ghana. The Customer authorizes MONEYAP to provide information or details relating to the Customer’s Account and preferences for messages, notifications or triggers, within or outside the Country.
MONEYAP will not act on any Instructions via e-mail nor will MONEYAP and the Customer transmit to the other, any information of sensitive nature via e-mail. In an event that the Customer uses e-mail communications, MONEYAP shall in no circumstances be liable for any loss or damage arising from such use
11. ACCURACY OF INFORMATION AND AUTHENTICITY OF TRANSACTIONS:
- Customer takes the responsibility for the correctness &accuracy of information supplied to MONEYAP using MONEYAP Facilities and/or MONEYAP Solutions or through any other means such as written communication, or customer service call center.
- Customer accepts that in case of any discrepancy in information provided to MONEYAP, the onus shall be upon the Customer only. If Customer suspects an error in the information supplied to MONEYAP, they shall rectify the error immediately. MONEYAP will endeavor to correct the error promptly wherever possible on a best effort basis.
- MONEYAP shall not be responsible for any incidental error which occurs in spite of necessary steps being taken to ensure the accuracy of the information provided to the Customer and no claim shall be brought against MONEYAP in an event of loss or damage suffered by Customer as a consequence of the inaccurate information provided to MONEYAP.
- MONEYAP is not required to make any investigations regarding the identity of the user gaining access to MONEYAP Solutions, other than the Security Codes provided in the security procedure and/or any other additional security methods implemented by MONEYAP at its absolute discretion.
- MONEYAP can reasonably rely on the authenticity of Transactions conducted by the Customer by accessing the Mobile Application Security Codes and the security procedures. If MONEYAP has reason to doubt the genuineness of any Instruction or Transaction, it may, in its own discretion, choose not to process such Transaction initiated by Customer.
- The Customer is responsible for the accuracy of information submitted to MONEYAP and MONEYAP shall not bear any liability for any loss or damage arising from any erroneous or insufficient information provided to MONEYAP.
- The Customer agrees that MONEYAP may at its sole discretion include additional products or services or discontinue some of the existing products and Services available on MONEYAP Facilities and/or MONEYAP Solutions.
- The Customer undertakes to provide any additional information or documents that may be required by MONEYAP prior to providing any existing/modified/additional Service under MONEYAP. Where a Customer fails to comply with such requirements, the Customer shall not be eligible for such existing, enhanced or modified products and services and MONEYAP will be entitled to withdraw the Services provided earlier.
- The Customer irrevocably and unconditionally accepts that any Transaction and/or Instruction made or given through MONEYAP will be entirely at the Customer’s own risk and responsibility. MONEYAP’s record of any Transaction or Instruction processed in connection with the products and services offered on MONEYAP will be binding and conclusive evidence of such Transaction or Instruction for all purposes.
- The Customer agrees that all security procedures used and implemented by MONEYAP are reasonable and adequate. The Customer shall safeguard and ensure that the security procedures are kept secret at all times and shall diligently safeguard from disclosure and use by any other person(s), the Customer’s Security Codes/Pass Codes/ PIN’s, or any other authentication methods/devices, not to be disclosed to any third-parties or unauthorized personnel.
Customer will have access to MONEYAP’s network 24 hours/7 days, except for any planned or unexpected shutdowns during operating and non-operating hours. The Customer acknowledges that such shutdowns may result in either partial or no access to MONEYAP. MONEYAP reserves the right to record in its information systems all data concerning any communication or action relating to any Transactions. MONEYAP will use reasonable endeavors to execute Instructions as soon as these are received from the Customer and accepted by MONEYAP’s information systems but does not guarantee any indicated turnaround time. The date and content of each Instruction will be verified by any means available to MONEYAP.
- MONEYAP undertakes to use reasonable care that Security codes or Password shall not become known to any employees or agents unless it is necessary for them to have such knowledge and it is within the regulations to do so. It is the responsibility of the Customer to set the Security Codes during registration and to change it regularly when required in order to secure confidentiality and security.
- Customer undertakes not to disclose access rights or any confidential information regarding MONEYAP Facilities and/or MONEYAP Solutions, and to always treat them as strictly private and confidential. It shall remain Customer’s responsibility to ensure that the Security Codes & Password and all confidential information are kept secret and not used by anyone else for any fraudulent purpose. In the event of such Security Codes or Passwords becoming known to someone other than the Customer, MONEYAP shall not be responsible for any loss or damage which may occur as a result of such breach. Customer shall inform MONEYAP immediately if they become aware of such breach.
- In the event that the Customer loses possession or control of any Mobile or electronic device on which MONEYAP Solutions are installed, or any Payment Instrument, the Customer must immediately notify and instruct MONEYAP by contacting the Customer Care Number to revoke the Security Codes or Password or block the Cards. Any Instructions received by MONEYAP prior to receipt of such notification shall be deemed to have come from the Customer and MONEYAP shall be entitled to rely on such Instructions, whether they originated from the Customer or not and will be indemnified from any security breach. The Customer shall be liable to MONEYAP for any kind of unauthorized or unlawful use of any Security breaches mentioned in this clause or any fraudulent or erroneous instruction given, and any financial charges or liabilities thus incurred shall be payable by the Customer.
13. INDEMNITY AND LIMITATION OF LIABILITY:
- In consideration of MONEYAP agreeing to provide MONEYAP Facilities and/or MONEYAP Solutions to the Customer, the Customer hereby irrevocably agrees to indemnify and keep MONEYAP indemnified, always hereafter, from all losses, damages, costs, legal fees, charges and expenses and consequences whatsoever, suffered or incurred by MONEYAP on account of any claims, actions, suits or otherwise instituted by the Customer, or any third-party whatsoever, arising out of or in connection with:
- the use of MONEYAP Solutions and all Transactions initiated by the use of such solutions as well as Cards, whether with or without the knowledge of the Customer, or whether the same have been properly initiated or otherwise, the Customer hereby acknowledges that MONEYAP has processed on the Instructions and authority of the Customer in accordance with these Terms and Conditions and other terms and conditions applicable to any specific product or service, as the case may be;
- a breach of these Terms and Conditions by Customer, which were contributed to or caused by negligent actions by the Customer or a failure on the Customer’s part to notify MONEYAP within a reasonable time about any security breach; and
- MONEYAP supplying Credit Information to any Relevant Authority provided that such information has been supplied by MONEYAP in good faith and with reasonable care.
- The Customer further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the Customer notwithstanding any partial or full withdrawal from the Customer Account.
- Except as expressly provided in these Terms and Conditions, MONEYAP, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, even if MONEYAP had been advised of the possibility of such damages or loss, suffered by the Customer, howsoever arising from or relating to:
- any use of or inability to use of MONEYAP Solutions;
- any inaccuracy, incompleteness or misinformation or amount retrieved by MONEYAP in relation to the;
- the erroneous input of Instructions or any other information by the Customer;
- non-payment as a result of any error in the beneficiary details submitted by the Customer, any failure to identify the beneficiary or delay in payment to the beneficiary at the receiving destination;
- any breach of security caused by the Customer or any third-party;
- any Transactions entered into based on MONEYAP Solutions or Cards;
- any loss of, unauthorized access to or alteration of information or data during processing or transmission;
- payment Instructions submitted to MONEYAP where the time of receipt of such Instructions by MONEYAP does not fall during the normal business timings of MONEYAP;
- MONEYAP acting on the Customer’s Instructions;
- any Transaction limit or restrictions set by MONEYAP or any third-party;
- any unauthorized use of MONEYAP Facilities and/or MONEYAP Solutions or for any fraudulent, duplicate or erroneous transaction instructions provided by Customer;
- any unauthorized access by any other person or breach of confidentiality;
- any lapse or failure on the part of any service provider or any third-party affecting MONEYAP;
- any unavailability or improper functioning of MONEYAP Solutions for any reason including due to the location, mobile network availability and signal strength, proper functioning of hardware, Software or the Mobile Device/Phone;
- the non-delivery or delayed delivery of notifications, Instructions, information or payments or any error, loss or distortion in transmission of information or Instructions to or from the Customer;
- any delay, interruption, suspension, resolution or error of MONEYAP in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the mobile device or electronic equipment of the Customer and the network of any service provider, or any breakdown, interruption, suspension or failure of MONEYAP’s system or the network of any service provider and/or any third-party who provides such services as is necessary to provide MONEYAP Solutions.
- any dispute between the Customer and a Service Provider or any third-party (whether appointed by MONEYAP on their behalf or otherwise);
- use of MONEYAP Solutions by any other person with an express or implied permission of Customer;
- the confidentiality, secrecy and security of the personal or Account information being sent through MONEYAP Solutions to effect Instructions;
- disclosure of personal information to a third-party by MONEYAP, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating;
- The Customer may access statements of all transfers and payments effected or pending at any time. If any Transaction could not be completed, MONEYAP upon learning that such transfer or payment have failed; will make reasonable efforts to complete the transfer/payment. If the transfer/payment fail a second time, MONEYAP shall notify the Customer. MONEYAP does not guarantee good and timely execution of Transactions and will not be liable for any direct, indirect, incidental, special or consequential damages from MONEYAP’s failure to complete any Transaction under MONEYAP Solutions or Cards, which was not intentional and resulted from a bona fide error, notwithstanding MONEYAP’s procedures to avoid such error, for instance:
- if Customer does not have enough available funds in their Account to make the transfer;
- if Customer’s mobile or electronic device malfunctions;
- if MONEYAP’s browser or the processing center of MONEYAP, or its third-party agent, service provider, that are used for providing services under MONEYAP Solutions are not working properly and the Customer was advised by MONEYAP before such Transaction was affected;
- if any circumstances beyond the control of MONEYAP (such as fire, flood, computer failure or interference from an outside force) prevent the Transaction from being properly executed or completed;
- if Customer’s Password or User ID have been reported lost or stolen or MONEYAP has reason to believe that the Transaction is unauthorized;
- if the Transaction would violate any applicable provision of any risk control program or applicable policies, procedures or practices or laws or government regulations;
- if MONEYAP has reasonable cause not to honor such transactions for MONEYAP’s or Customer’s protection;
- if the Customer’s access to MONEYAP Solutions has been suspended;
- if the funds available in the Customer Account are subject to legal process or other encumbrance restricting the transfer;
- If any change, alteration, additions or deletions to these Terms and Conditions or the systems of operation of MONEYAP Solutions or daily Cut-off times;
- for any partial, incomplete, late or failed transfer, remittances or Pay Bills to any payee/beneficiary nominated under MONEYAP Solutions due to any reasons beyond MONEYAP’s control.
- MONEYAP shall not be obligated to inform the Customer of a failure to affect any payment or execute any Transaction for any of the abovementioned reasons. MONEYAP may at any time request from Customer’s, a confirmation of the submitted transfer/transactions. Customer declares that none of its Transactions shall contribute to the laundering of criminal proceeds and Customer assumes responsibility for the authenticity and lawfulness of its Transactions.
14. VIRUSES AND TECHNICAL PROBLEMS:
- MONEYAP shall not be held liable for any harm caused by the transmission through MONEYAP Facilities and/or MONEYAP Solutions of a virus, or other code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of MONEYAP Solutions or any of Customer’s software, hardware, data or property.
- The mobile telecommunication channel is subject to inherent technological deficiencies, network traffic congestion and other extraneous factors beyond MONEYAP’s reasonable control. The Customer acknowledges and agrees that as a result of any of the above factors, there may be failure or delays in MONEYAP’s receipt of Instructions and consequential failure or delays in the execution of Instructions, and/or the execution of Instructions at prices different from those prevailing at the time the Instructions were given. The Customer further acknowledges and agrees that there are risks of interception of Instructions and that such risk shall be borne by Customer. Customer also acknowledges and agrees that it is not usually possible to cancel an Instruction after it has been given.
15. INTELLECTUAL PROPERTY RIGHTS:
- Customer acknowledges that MONEYAP is the owner of or has the right and ability to provide access to the requisite Intellectual Property Rights to the Customer for the purposes of these Terms and Conditions.
- Customer acknowledges and agrees that any and all Intellectual Property Rights relating to: (a) the implementation of these Terms and Conditions and (b) all materials, documentation MONEYAP Solutions and subsequent amendments including user guidelines in any form for use in connection with the implementation of these Terms and Conditions, (c) whether such rights are existing prior to or are created after the commencement of these Terms and Conditions, shall constitute or become the property of MONEYAP to the extent permitted by law. The Customer agrees to treat the access rights, documentation, Intellectual Property or any other information related to MONEYAP as strictly private and confidential. Customer shall have no right, other than as permitted by these Terms and Conditions or as permitted by the prior consent of MONEYAP (which may be withheld), to use, copy, reproduce, disclose or permit any other person or business entity to use or have access to such Intellectual Property Rights. MONEYAP shall have the absolute right to utilize the Intellectual Property Rights to its benefit and advantage and to alter and/or improve any element or component thereof in any manner it deems fit at all times.
- Customer acknowledges and agrees that the Customer obtains no right or interest in the Intellectual Property Rights by virtue of these Terms and Conditions.
- In relation to the Intellectual Property Rights which are the subject of these Terms and Conditions the Customer shall abide by the following:
- neither the Customer shall sell, give, grant, assign or in any way dispose or attempt to dispose of the Intellectual Property Rights to any third-party, nor purport to engage in any such conduct;
- Customer shall not register or apply for registration of any Intellectual Property Rights in any country, nor support or assist directly or indirectly any other party to do so;
- Customer shall not in anyway, infringe the Intellectual Property Rights, nor support or assist directly or indirectly any other party to do so;
- Customer agrees to notify MONEYAP as soon as it is aware of any infringement of MONEYAP’s Intellectual Property Rights or becomes aware of or suspects any unauthorized third-party access to or use of Intellectual Property Rights, and shall provide all reasonable assistance to MONEYAP to prevent or limit the scope of such infringement.
- In case of the Customer’s violation of or infringement of the Intellectual Property Rights by any means, MONEYAP shall be entitled to take any legal action against the Customer it considers appropriate and seek compensation for such infringement and, without limiting the scope of its rights in this regard, it may also serve a notice to the Customer for the termination of these Terms and Conditions.
- The obligations of the Customer in this clause shall continue in force notwithstanding termination of these Terms and Conditions for whatsoever reason.
16. ELECTRONIC COMMUNICATION:
- The Service(s) offered under MONEYAP Solutions are an electronic, internet-based service. Therefore, Customer understands and agrees that these Terms and Conditions will be entered into electronically, and that the following categories of information (“Communications”) may be provided by MONEYAP to the Customer, by electronic means:
- these Terms and Conditions and any notices, amendments, modifications or supplements to it;
- records of transfers, payments and other Transactions done through utilizing MONEYAP Solutions, including without limitation confirmations of individual transactions;
- any initial, periodic or other disclosures or notices provided in connection with MONEYAP Solutions including without limitation those required by law;
- any Customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service(s);
- all notifications sent in relation to transactions, transfers etc. or services used via MONEYAP Solutions.
- any other communication related to MONEYAP Solutions.
- All Communications in either electronic (or paper format) are considered to be “in writing”. Customer should print a paper copy of any important electronic Communication and retain the copy for their records.
- Communications may be posted on MONEYAP Facilities and/or Application or delivered to the e-mail address provided by Customer. Any electronic Communication (including e-mails) will be deemed to have been received by the Customer when MONEYAP sends it to that Customer, irrespective of whether the Customer receives the communication.
17. SUSPENSION, REINSTATEMENT OF ANY SERVICES OR USE OF MONEYAP SOLUTIONS:
- MONEYAP may its sole discretion amend or cancel any of Services at any time without giving notice to the Customer.
- In the event that MONEYAP at any time incurs a problem with the Customer’s use of any Service(s) under MONEYAP Solutions, including without limitation a failure in attempting to debit any of the Customer’s Accounts or to collect with respect to any of transfers or payments, without limiting any other right or remedy that MONEYAP may have under these Terms and Conditions or otherwise, then MONEYAP reserves the right to suspend Customer’s right to use MONEYAP Solutions immediately. The Customer understands and agrees that such action is reasonable for MONEYAP to take in order to protect Customer’s Accounts and MONEYAP from any loss.
- In the event of such suspension, Customer may request reinstatement of the Service(s) by contacting MONEYAP Customer Service Center. MONEYAP reserves the right to grant or deny reinstatement of Customer to use any of the Service(s) under MONEYAP Solutions.
18. AMENDMENTS OR CHANGES TO MONEYAP SOLUTIONS:
- Customer agrees that MONEYAP may modify/change MONEYAP Solutions or any Service(s), or Customer Accounts, with or without notice, without liability to MONEYAP. MONEYAP reserves the right to change the Terms and Conditions of a particular Service under MONEYAP Solutions at its sole discretion.
- Customer agrees that by continuing the use of MONEYAP Solutions after being notified of any change, Customer thereby accepts the changes to such terms and agrees to be bound by these Terms and Conditions, as amended.
19. NON-ELIGIBILITY FOR MONEYAP FACILITIES AND/OR SOLUTIONS:
- MONEYAP reserves the right, subject to applicable law, to discontinue, withdraw or terminate the Service(s) under MONEYAP Facilities and/or MONEYAP Solutions at any time and for any reason, including without limitation if MONEYAP, in its sole judgment, believes that the Customer is engaged in activities that violate any of the terms under these Terms and Conditions or the rights of MONEYAP or any of its service providers, or if the Customer provides MONEYAP with false or misleading information.
- It is a condition precedent for use of MONEYAP Solutions that the Customer shall have complete the KYC process and would have been approved by MONEYAP or its service provider to be eligible for such services available under MONEYAP Solutions. MONEYAP or it service provider shall at its own sole discretion amend or update the eligibility criteria of using MONEYAP Solutions.
- Customer may terminate their Customer Account directly via MONEYAP Solutions or by calling MONEYAP Customer Services Center, by giving not less than 30 days advance notice to MONEYAP. Notwithstanding the termination of Customer Account, Customer shall remain accountable for all Instructions and/or Transactions effected prior to any cancellation of all services.
- Customer shall ensure to empty the available funds in their Customer Account before termination.
- Customer shall be liable to pay all applicable fees in relation to an early termination of the Customer Account.
- MONEYAP reserves the right to terminate any MONEYAP Solutions provided to the Customer at any time by writing to the Customer if:
- The Customer does not make any payments that are due and still do not make payment within 14 days of MONEYAP reminding the Customer that payment is due;
- The Customer does not do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide MONEYAP Solutions.
- The Customer does not, within a reasonable time, allow MONEYAP to deliver MONEYAP Solutions to the Customer or collect them from MONEYAP;
- The Customer is in material breach of the App Terms and does not rectify the material breach within 14 days of notifying the Customer of the breach.
21. MISCELLANEOUS PROVISION:
- Customer agrees that if any further Accounts or products or services are subscribed to by the Customer under MONEYAP Facilities, then these Terms and Conditions shall automatically apply.
- No forbearance, neglect or waiver by MONEYAP in the exercise or enforcement of any right or remedy arising from any of these Terms and Conditions will prejudice MONEYAP’s right thereafter to strictly enforce the same.
- If any provision in these Terms and Conditions is found to be unenforceable, invalid or illegal, such provision will be deemed to be deleted and the remainder of these Terms and Conditions will be unaffected by such unenforceability, invalidity or illegality.
- MONEYAP may without any prior notice to the Customer, at its own discretion assign the whole or any part of its rights and obligations under these Terms and Conditions. The obligations of the Customer may not be assigned in whole or in part, without a prior written consent MONEYAP.
- Customer acknowledge that he is not a Politically Exposed Person (PEP), and if found by MONEYAP or its Sponsor Bank as a Politically Exposed Person, MONEYAP or its Sponsor Bank may have the right to reject my Customer Accounts application
- Customer consents and agree that MONEYAP or its Sponsor Bank:
- may disclose information regarding the Customer , including, but not limited to, information regarding the Customer’s personal and financial situation, defaults in payments and any other matter related to the Customer Account or any facilities or products made available to the Customer or over which the Customer has control, or otherwise with MONEYAP or its Sponsor Bank (“Credit Information”) to any other commercial and investment banks financial institution, credit information company or entity (including, without limitation the [add]), debt collection agency or any local, federal or regulatory agency or any member of MONEYAP or its Sponsor Bank’s group including any subsidiary or related company or in any other jurisdiction (each a “Relevant Entity”);
- may obtain any Credit Information relating to the Customer or any entity over which the Customer has control either as shareholder, authorized signatory or otherwise from any Relevant Entity and may apply or use such Credit Information in making any credit or other assessment in relation to my/our accounts or facilities (or proposed accounts or facilities) with MONEYAP;
- shall have no liability or responsibility to the Customer including any entity over which the Customer has control either as shareholder, authorized signatory or otherwise or any third-party relying on any Credit Information provided by MONEYAP or its Sponsor Bank to any Relevant Entity (or, in the event of onward transmission of such Credit Information by that Relevant Entity) provided such Credit Information is provided in good faith and with reasonable care and without any requirement that such Credit Information be updated or checked by MONEYAP or its Sponsor Bank in the event that my/our personal or financial situation or that of any entity over which the Customer has control either as shareholder, authorized signatory or otherwise may subsequently change or further information is provided by the Customer to MONEYAP; and is providing Credit Information to each Relevant Entity for my/our benefit and accordingly MONEYAP or its Sponsor Bank shall be indemnified by the Customer for any loss, cost, claim or damage incurred or sustained by MONEYAP or its Sponsor Bank as a result of providing such Credit Information in the event that any third-party (including any Relevant Entity) brings any claim related to the provision of or reliance on such Credit Information provided that such information has been provided by MONEYAP or its Sponsor Bank in good faith and with reasonable care.