Terms & Conditions

January 2024

These Customer Terms and Conditions (“Agreement”) constitute a legally binding contract between you (referred to as “Customer” or “you”) and Waka Payments (“Company,” “we,” or “us”), a cross-border payment services provider. By using the services offered by Waka Payments, you agree to be bound by the terms and conditions outlined below. It is important that you read this Agreement carefully before using our services.

1. Definitions

1.1. “Customer” refers to any individual or entity that has registered with Waka Payments and utilizes its services.

1.2. “Services” refers to the cross-border payment services provided by Waka Payments, including but not limited to payment processing, currency conversion, and fund transfers.

1.3. “Recipient” refers to the intended recipient of funds in a cross-border payment transaction.

 

2. Account Registration and Use

2.1. To use our services, you must create an account with Waka Payments. During the registration process, you will provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

2.2. You agree to provide truthful and up-to-date information, including personal and financial details, required for the completion of payment transactions.

2.3. You are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use or suspected breach of your account.

 

3. Payment Transactions

3.1. By initiating a payment transaction, you authorize Waka Payments to debit the necessary funds from your account and transfer them to the designated Recipient.

3.2. You acknowledge and agree that currency conversion rates applied to payment transactions may vary and are subject to market fluctuations. Waka Payments will provide you with a transparent breakdown of applicable fees and exchange rates before completing the transaction.

3.3. It is your responsibility to ensure that the information provided for payment transactions, including the Recipient’s details, is accurate. Waka Payments will not be liable for any losses or delays resulting from inaccurate or incomplete information.

4. Fees and Charges

4.1. Waka Payments charges fees for its services, including but not limited to transaction fees and currency conversion fees. These fees will be clearly disclosed to you before you initiate a payment transaction.

4.2. You agree to pay all applicable fees and charges associated with your use of Waka Payments’ services. Fees may be deducted from the transferred funds or charged separately, depending on the specific service provided.

5. Compliance with Laws and Regulations

5.1. You agree to use Waka Payments’ services in compliance with all applicable laws, regulations, and international sanctions. You are solely responsible for ensuring that your use of the services is lawful as per laws and regulations of The United Republic of Tanzania.

5.2. Waka Payments may request additional information or documentation from you to comply with regulatory requirements, including Know Your Customer (KYC) and Anti-Money Laundering (AML) obligations. Failure to provide requested information may result in limitations on your use of the services or account suspension.

6. Intellectual Property

6.1. All intellectual property rights related to Waka Payments’ services, including software, trademarks, logos, and content, belong to the Company. You agree not to use, reproduce, or modify any of these materials without our prior written consent.

7. Limitation of Liability

7.1. Waka Payments will make reasonable efforts to provide secure and reliable services. However, we do not guarantee the uninterrupted availability or error-free operation of our platform. We will not be liable for any losses, damages, or disruptions resulting from technical issues, force majeure events, or unauthorized access to your account.

7.2. In no event shall Waka Payments be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to this Agreement or the use of its services, even if advised of the possibility of such damages.

8. Termination

8.1. You may terminate this Agreement at any time by closing your account with Waka Payments. Any outstanding obligations or pending transactions will still be subject to the terms of this Agreement.

8.2. Waka Payments reserves the right to suspend or terminate your account, or restrict your access to services, at its discretion, for reasons including but not limited to violation of this Agreement, suspicion of fraudulent activity, or non-compliance with legal obligations.

9. Amendments to the Agreement

9.1. Waka Payments may modify or update this Agreement from time to time, and the revised version will be effective upon posting on our website or notifying you through other means. Continued use of the services after any changes will constitute your acceptance of the modified Agreement.

10. Governing Law and Dispute Resolution

10.1. This Agreement shall be governed by and construed in accordance with the laws of The United Republic of Tanzania. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the United Republic of Tanzania.

10.2. Any claims against Waka Payments must be brought within thirty (30) days of the cause of action arising.

11. Severability

11.1. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

By using the services of Waka Payments, you acknowledge that you have read, understood, and agreed to be bound by these Customer Terms and Conditions.