Terms & Conditions | Waya Money
Terms and Conditions.
GeneralUganda
Terms and Conditions of WAYA
Welcome to WAYA.
By using the Waya Product & Services YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), Privacy Policy and all disclaimers and terms and conditions that appear elsewhere on the Waya Platform references to Waya Product & Services herein referred to as Waya as a product of Grup Waya Ghana Limited and Waya Limited UK.

BACKGROUND

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use Our Application. You must read, agree, and accept these Terms of Use set out in this agreement which includes the terms and conditions set out below. You will be required to carefully read, understand, and accept these Terms of Use when signing up for an Account. If you do not accept all the terms of this agreement, then Waya Money is unwilling to allow you to use the Waya Money platform.

By using any of the Waya Money services, you become a User of the Waya Money platform and you agree to be bound by the terms and conditions of this agreement with respect to the provision of such services. If you do not agree to be bound by the terms of this agreement, you must stop using Our Application immediately. We may amend this agreement without notice at any time by posting the amended terms on the Waya Money application. You may not have access to the Waya Money application before accepting these terms.

Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

  • “Account” means an account required for a User to access and/or use certain areas of Our Application;
  • “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
  • “Service Provider” means any persons or corporation providing any services through the Waya Money Applications, including but not limited to courier services, transportation, delivery, and food or beverage services.
  • “Waya Money” means all versions of the Waya Money applications.
  • “Waya Money Cashless” an in-app function that enables users to pre-pay for Waya Money services in some jurisdictions.
  • “User” means a user or consumer of any Waya Money Applications and/or a beneficiary to Services extended through Our Application.
  • “User Content” means any content submitted to Our Application by Users including, but not limited to personal information, images, and all data
  • “We/Us/Our” means all licensees of the Waya Money applications.

Information About Us

More information about Waya Money is available on our website - https://www.wayamoney.com or on request by emailing support@wayamoney.com

Terms of Use

  1. With the current Waya app version you can undertake the following:
    1. transfer money locally within Ghana, Nigeria and Kenya
    2. make payment from and to the countries we are available in
    3. request payment as Waya merchant from the mobile money/M-pesa wallets of your customers
    4. issue refunds as a Waya merchant (available on the web application for Waya Merchants only)
  2. We will not be liable for any damages, direct, incidental, and or consequential, arising out of the use of Waya Money, including, without limitation, damages arising out of communicating and or meeting with other participants of Waya Money, or introduced to you via Waya Money. Such damages include and are not limited to, physical damages, bodily injuries, death, and emotional distress and discomfort. Without prejudice, we may obtain an insurance policy in respect of the courier services which may be found on Our platform
  3. Should you have any questions about this agreement, the practices of Services Providers, or require further details about a particular Service Provider, please contact us at support@wayamoney.com

Accounts

  1. Certain parts of Our Application may require an Account in order to access them.
  2. A User may not create an account if they are under Eighteen (18) years of age. If a User is under Eighteen (18) years of age and wishes to use the parts of our application that require an Account, a parent or guardian should create the Account for him or her in their names and the User must only use the Account with their supervision.
  3. When you create an account, you are responsible for providing information that is true, accurate and complete. We shall rely on any information provided by you as the true account of such information. If any of your information changes at a later date, it is your responsibility to update your account and keep it up-to-date.
  4. If you believe that your account has been hacked or is being used without your permission, it is your responsibility to contact us immediately you suspect or discover an intrusion. We will not be liable for any unauthorized use of any Account.
  5. Since each account contains personal identifiers and information, please do not use another User’s account without the express consent of the User to whom the account belongs.
  6. Any personal information provided in a User's Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in our Privacy Policy.
  7. We are a payments platform and by necessity collect and process data which may include personal data. Any data we collect is used to deliver services to you, help improve our services and to inform you of any offers/deals from us and/or our partners. By using our App, you give your consent for us to collect, use and process your personal data either within or out of your geographical location. We have provided details on what data we collect and with whom we share it with in our Privacy Policy.
  8. There is a feature on the app under settings called ‘deactivate account’. Tapping that deactivates the user’s account such that they have to reopen their account to use our services.
  9. There is a feature on the app under settings called ‘deactivate account’. Tapping that deactivates the user’s account such that they have to reopen their account to use our services..

Cashless Payments

  1. Pre-paid Waya Money balances constitute e-money or financial deposits governed under the National Payment Systems Act, 2020.
  2. The User is obligated to manage their account details (including PIN) in a secure and confidential manner and is responsible for ensuring that they do not disclose such information or make it available to third parties. If such information is used by unauthorized persons, Waya Money shall not be liable for any damages or losses caused thereby. Waya Money reserves the right to suspend cashless services or payment at any point. Waya Money shall at any time suspend the cashless services without notice to the User where there is any indication of fraudulent or suspicious activity on the user account.
  3. The User is obligated to notify Waya Money Customer Care without delay of any suspicious activity on his/her account that may lead to damage or loss.
  4. The User shall provide the full name, the legal status of the person; the physical address, and the telephone number of the person; for purposes of using the Cashless service.
  5. The User will find available on the App a link to the website or contact email address of Waya Money, alongside a brief description of how the App works in a manner sufficient to inform the Waya Money User of the App and how they can use it.
  6. The User will have access to security procedures and Waya Money’s privacy policy in respect of payments and payment information, and any other related policies which can be found on Our website.

Intellectual Property Rights

  1. With the exception of user content, all content included in our application and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable Ugandan and international intellectual property laws and treaties.
  2. You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us.
  3. A User may:
    1. access, view, and use Our Application in a web browser (including any web browsing capability built into other types of software or app);
    2. download Our Application (or any part of it) for caching;
    3. print one copy of any page(s) from Our Application;
    4. download extracts from the pages on Our Application; and
    5. save pages from Our Application for later and/or offline viewing.
  4. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.
  5. A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.

User Content

  1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments, etc.
  2. An Account is required if a user wishes to submit User Content. Please refer to more information.
  3. A User agrees to be solely responsible for their User Content. Specifically, they agree, represent, and warrant that they have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy.
  4. A User agrees to be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given.
  5. A User will be responsible for any loss or damage suffered by us as a result of such breach.
  6. A User (or your licensors, as appropriate) shall retain ownership of their User Content and all intellectual property rights subsisting therein. When a User submits User Content, they grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license the User Content for the purposes of operating and promoting Our Application. In addition, the User also grants Other Users the right to copy and quote their User Content within Our Application.
  7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
  8. If you wish to remove User Content from Our Application, the User Content in question will be deleted or anonymized. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

Links to Our Application

You may link to Our Application provided that

  1. you do so in a fair and legal manner;
  2. you do not do so in a manner that suggests any form of association, endorsement, or approval on Our part where none exists;
  3. you do not use any logos or trademarks displayed on Our Application without Our express written permission; and
  4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
  5. Framing or embedding of Our Application on other websites is not permitted without Our express written permission. Please contact Us at support@wayamoney.com for further information.
  6. You may not link to Our Application from any other Application the main content of which contains material that;
    1. is sexually explicit;
    2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
    3. promotes violence;
    4. promotes or assists in any form of unlawful activity;
    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
    6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    7. is calculated or is otherwise likely to deceive another person;
    8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
    9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions.
    10. implies any form of affiliation with Us where none exists;
    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, and database rights) of any other party; or
    12. 12) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

The content restrictions do not apply to content submitted to sites by other Users or provided that the primary purpose of the site accords with the provisions of a user, for example, is not prohibited from posting links on general-purpose social networking sites merely because another user may post such content.

Links to Other Applications

Links to other Applications may be included in our application. Unless expressly stated, these Applications are not under our control. We neither assume nor accept responsibility or liability for the content of third-party Applications. The inclusion of a link to another Application on our Application is for information only and does not imply any endorsement of the Applications themselves or of those in control of them.

Liability and Disclaimers

Nothing on Our Application constitutes advice on which you should rely. It is provided for information purposes only.

Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on Our Application is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Limitation of our Responsibility

Waya Money accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Application or the use of or reliance upon any Content (including User Content) included on Our Application.

If you are a Business User, we hereby exclude all implied conditions, warranties, representations, or other terms that may apply to Our Application or Content. We will not be liable for any loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

Waya Money excludes all representations, warranties, and guarantees (whether express or implied) that may apply to Our Application or any Content included on Our Application.

Reasonable skill and care shall be exercised to ensure that Our Application is free from viruses and other malware. However, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of-service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Application (including the downloading of any Content from it) or any other site referred to on Our Application.

We neither assume nor accept responsibility or liability arising out of any disruption or non- availability of Our Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Acceptable Usage Policy

You may only use Our Application in a manner that is lawful and that complies with the provisions, specifically

  1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
  2. you must not use Our Application in any way, or for any purpose, that is unlawful or fraudulent;
  3. you must not use Our Application to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  4. you must not use Our Application in any way, or for any purpose, that is intended to harm any person or persons in any way
  5. We reserve the right to terminate access to Our Application if a User is in material breach of the provisions or any of the other provisions of these Terms of Use. Specifically, we may take one or more of the following actions
    1. whether temporarily or permanently, your Account and/or your right to access Our Site;
    2. remove any User Content submitted by a User that violates our Acceptable Usage Policy;
    3. issue you with a written warning;
    4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    5. take further legal action against you as appropriate;
    6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    7. any other actions which We deem reasonably appropriate (and lawful)

    8. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

Privacy and Cookies

Use of Our Application is also governed by Our Cookie and Privacy Policy. These policies are incorporated into these Terms of Use by this reference.

Changes to these Terms of Use

We may alter these Terms of Use at any time and without notice to you. Any such changes will become binding on you upon your first use of Our Application after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Contacting Us

To contact Us, please email Us at support@wayamoney.com or using any of the methods provided on Our contact page at https://www.wayamoney.com

Communications from Us

If We have a user’s contact details (if, for example, a User has an Account), We may from time to time send you important notices by email or pop up during the use of Our Application. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, and changes to your Account.

For questions or complaints about communications from Us, please contact us at support@wayamoney.com or via our Customer Call Line.

Law and Jurisdiction

These Terms and Conditions, and the relationship between the User and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Uganda.

If a User is a consumer, any dispute, controversy, proceedings, or claim between him or her and Us relating to these Terms and Conditions, or the relationship between him or her and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Uganda.

If a User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Uganda.