Terms and Conditions

JabuPay Terms and Conditions



Any customer opening an account with JabuPay (whether resident or non-resident) will be deemed to have read and understood and accepted to be bound by the JabuPay Terms and Conditions as hereinafter contained:



1. DEFINITIONS



‘Agreement’ shall collectively mean these Terms and Conditions, the Application Form, the Fee Schedule and the JabuPay Standard Operating Procedures.



‘JabuPay Bank Account’ shall mean an account held with any of JabuPay’s Bank where Real Money is deposited by the customer to acquire corresponding E-Value.



‘JabuPay Service’ shall mean the payment system service operated and owned by Jabu Wallet Limited.



‘JabuPay Standard Operating Procedures’ shall mean the JabuPay standard operating procedures for the processing of transactions on behalf of the customer using the JabuPay Service as may be changed from time to time.



‘JabuPay Terms and Conditions’ shall mean these JabuPay terms and conditions as may be amended from time to time.



‘JabuPay’ shall mean a designated Payment System Business on whose platform the JabuPay Service is hosted and operated.



‘Cash Collection Service’ shall mean the service extended to Customers through the JabuPay Service, for the payment of the Receivables.



‘Cash Payment Service’ shall mean the service extended to the customer for the payments to Customers.



‘customer’s Bank Account’ shall mean a bank account designated by the customer to which Receivables are to be credited in the form of Real Money.



‘JabuPay Payments’ shall mean the service extended to the customer to send money to other customers.



‘customer’s Collection Account’ shall mean a JabuPay account held in the name of the customer to which Receivables in E-Value are credited.



‘customer’s JabuPay code’ shall mean a unique code designated to the customer’s JabuPay wallet as shall be advised to the customer by JabuPay, where all payments shall be made and where JabuPay will be crediting E-value.



‘Customer’s JabuPay Wallet’ shall mean a wallet held by the customer with JabuPay with E-value equivalent to real-money deposited in the JabuPay Bank Account or Safe by the customer to be used for payments to other customers or withdrawn to the customer’s bank account.



‘Confidential Information’ shall without limitation include any information relating to the subject matter of the Agreement, any trade secret, know-how or process that is shared pursuant to this Agreement, whether or not such information is expressly labelled as confidential.



‘Customer’ shall mean third parties who are JabuPay service users and who make and/or receive digital and cash payments to/from the customer using the JabuPay Service.



‘Effective Date’ shall be the date upon which the customer executes these Terms and Conditions by opening a JabuPay wallet and by successfully completing KYC vetting procedures conducted on the customer by JabuPay.



‘E-Value’ means the electronic value recorded in an E-Value Account, such electronic value representing that E-Value Account holder’s entitlement to an equivalent amount of the Real Money held in a Trust Bank Account in the name of Jabu Wallet Limited.



‘Transaction Fee or Fees’ shall mean the fees charged by JabuPay to the customer for the JabuPay Services as described and amended in the Fee Schedule and subject to changes from time to time.



‘Force Majeure’ shall mean any event or circumstance which affects either party and is not within the reasonable control (directly or indirectly) of the Party affected, to the extent that such event or circumstance or its effects cannot be prevented, avoided or removed by such party acting in accordance with prudent operating practice.



‘Integrator’ shall mean an entity, generally technical in nature offering IT solution to third parties such as banks and utilities, which run hubs enabling them bridge payment systems, MNOs and third parties through a single integration for the provision of cash collection, disbursement, or value-added services.



‘National Anti-Money Laundering Laws and Regulations’ means the current legislation, primary and subsidiary, on anti-money laundering in the Republic of Zambia.



‘Personal Data’ means any information regarding the customer and/or the Customer’s personal information.



‘Real Money’ means Zambian Kwachas being the lawful currency of the Republic of Zambia.



‘Receivables’ shall mean the payments made to the customer’s JabuPay wallet by its customers or suppliers and made using the JabuPay Service.



‘JabuPay App’ shall mean an android, IOS, USSD or web-based app that will allow the customer to see details on payments to and from Customers.



2. SCOPE



Jabu offers and operates the JabuPay system and app (“App”) which gives users a safe and a secure payment and ordering system, an integrated business platform and the ability to pay suppliers, and top up their bank accounts.



3. DURATION



The Agreement becomes valid once the user has a fully validated JabuPay account and has installed the JabuPay app on their device.



4. FEES AND CHARGES



The customer shall pay JabuPay such Fees as may be charged by JabuPay from time to time based on the particular JabuPay Service provided.



JabuPay fee charged to the customer shall be inclusive of applicable taxes and other statutory charges as per applicable laws. JabuPay shall reserve the right to amend the Fees payable for the JabuPay Service from time to time. The fees shall be agreed upon in a separate contract.



5. COLLECTION AND TRANSMISSION OF FUNDS



(i) Cash Collection Service



When the customer requests a withdrawal through the JabuPay App, the receivables collected will be remitted to the customer's Bank Account within forty Eight (48) hours less the applicable fees. JabuPay will provide the customer with full details of receivables collected by JabuPay via the JabuPay App, which the customer shall be able to access using credentials provided by JabuPay.



(ii) JabuPay Payments



The customer must deposit real money into their JabuPay wallet. This money will then be transferred to their Payments wallet for processing of digital payment services. These services will be executed in accordance with JabuPay's standard operating procedures, which may be updated from time to time. JabuPay Payments from one customer to another within JabuPay are free.



6. REVERSAL



The customer shall within 24 hours or any earlier period request JabuPay to initiate and complete reversal transactions where a payment made to another customer is manifestly made in error. The customer shall send an email to JabuPay at jabupay@gojabu.com or WhatsApp at +260979173179 consenting to JabuPay to initiate and complete the said reversal. At all times, JabuPay shall only make the reversal having due regard to the circumstances of the erroneous payment and in good faith. In the event a dispute arises in relation to clause 6, JabuPay may suspend the customer’s Payment Account if required to solve the dispute amicably. Jabu Wallet shall not be held responsible for any losses arising from erroneous transactions made by the customer.



7. STANDARD OF PERFORMANCE



JabuPay shall perform the services and carry out its obligations under these Terms and Conditions with all due diligence and efficiency in accordance with the generally accepted techniques and practices commonly recognized by the industry and as contained in the Bank of Zambia Directives.



The customer acknowledges that the JabuPay Service is not fault-free and the quality and availability of the JabuPay Service may be affected by factors outside the control of JabuPay which may include but not be limited to factors such as local geographic or physical obstructions, atmospheric conditions and other causes of radio interference as well as faults in other payment and telecommunication platforms to which the platform is connected or dependent. JabuPay shall therefore bear no liability for any loss suffered by the customer by reason of any of the foregoing events.



8. OBLIGATIONS OF THE CUSTOMER



No wallet shall be opened by JabuPay unless the account opening form is fully completed and the requisite supporting documents (including KYC) attached and attested by the required authorities. Upon submission of duly completed account opening forms, JabuPay will generate a customer’s JabuPay code’

for the customer and its Customer’ use in accordance with JabuPay policies. 



The customer shall under these Terms and Conditions: 



  1. Provide only valid and acceptable means of Identification before opening any wallet; 



  1. Advise JabuPay promptly in the event of any changes or re-organization of the customer and any other relevant departments that may have a material implication on the operations of the Service; 



  1. Ensure appropriate system safeguards are in place to protect the unauthorized access to and/or use of or tampering with information held by the customer in connection with these Terms and Conditions;



  1. Initiate withdrawal request instruction to JabuPay for redemption of all or part of the accrued E-Money, 



  1. Authorize JabuPay to debit charges and fees to its JabuPay Wallet for providing the Service. The customer will ensure it gives a 48-hour lead time to JabuPay to settle payments to the customer’s bank account when a withdrawal request is made by the customer. The customer agrees to be screened by the applicable Anti – Money Laundering and Financial intelligence laws and regulations.



9. PROHIBITED CONDUCT, PURPOSES AND USAGE OF SERVICES



The customer shall ensure that it does not use the JabuPay Service for any purposes contrary to or in breach of any law, regulations or rules. 



The customer further undertakes not to use the Services to: 



The following actions are prohibited when using JabuPay services: 



  1. Engaging in any unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of privacy or hateful conduct, including any conduct that is racially or ethnically objectionable; 



  1. Impersonating any person or entity, including but not limited to, a JabuPay employee, official, or beneficiary, or falsely representing an affiliation with any person or entity; 



  1. Forging headers or manipulating identifiers to disguise the origin of any content transmitted through JabuPay services; 



  1. Uploading, posting, emailing, transmitting, or otherwise making available any content or information that you do not have the right to make available under any law or under contractual or fiduciary relationships, such as proprietary or confidential information learned or disclosed as part of employment relationships or under a non-disclosure agreement; 



  1. Infringing on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; 



  1. Engaging in any unsolicited or solicitation-related business, including but not limited to spam, junk mail, pyramid schemes, pornography, gaming, and gambling; 



  1. Uploading, posting, emailing, transmitting, or otherwise making available any material that contains software viruses or any other computer code, files, or programs designated to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; 



  1. Interfering with or disrupting the services, JabuPay servers, platforms connected to the services, or disobeying any requirements, procedures, policies, or regulations of platforms connected to the services; 



  1. Intentionally or unintentionally violating any applicable local or international law, including laws and regulations promulgated by the Communications and Financial Services Authorities or any regulations having the force of law; or 



  1. Collecting or storing personal data about customers without their express prior permission.




10. WARRANTIES, INDEMNITIES, AND LIMITATION OF LIABILITY



  1. The customer must confirm that none of their senior officers or directors have ever been convicted of any crime, except for minor offenses. Additionally, they must confirm that none of them have ever been charged with any crime relating to fraud, embezzlement, theft, money laundering, financing terrorism or financing any terrorist organizations, receiving stolen property or illegal drugs. If any of these representations cease to be true, the customer must notify JabuPay in writing within forty-eight (48) hours.



  1. If there is a material breach of these Terms and Conditions by either party, the other party will be indemnified and kept from and against any direct loss, damage or liability, whether criminal or civil, suffered, any legal fees and costs incurred by the Indemnified Party including breaches caused by any negligent act, error or omission of the Indemnifying Party provided that the liability has not been incurred directly through any default of the Indemnified Party in relation to its obligations under the Agreement.



  1. In addition to the above, each party agrees to indemnify the other and keep the other indemnified for and against all proceedings and costs arising out of any infringement or alleged infringement of any intellectual property rights arising as a result of their obligations under this Agreement.



  1. If the customer negligently, recklessly, delays or fails to acknowledge a Customer's payment after the Customer has effected a merchant transaction to the merchant on JabuPay System and this leads to loss or damage attributable to the customer, the customer shall indemnify, hold harmless and defend JabuPay against, and pay any final judgment awarded against JabuPay, resulting from third party claims.



  1. JabuPay shall not be liable to the customer for any loss arising out of a failure of the JabuPay Services or such other failure that is outside its reasonable control. JabuPay shall not be liable to the customer or to any other person where: 

  • The customer has entered incorrect details on the account opening form, 

  • The transaction amount sought by the Customer is below the minimum or above the maximum limits as communicated by JabuPay from time to time; 

  • The customer has entered incorrect details and the payment is made to the wrong JabuPay Account; 

  • The customer’s software or internet provider’ service is not operational; 

  • The transaction is duplicated, suspicious or fraudulent resulting in losses to a third party whether arising out of system malfunction, error or failure, negligence on the part of the Bank, its agents, its Integrator or its employees, 

  • The transaction details received are incorrect; 

  • The merchant’ or Customer’s receipt of funds is intercepted by legal process or encumbrance restricting the transfer; 

  • Unforeseen or unpredictable circumstances prevent the execution of a transaction despite any reasonable care taken by JabuPay to prevent it.



11. CONFIDENTIALITY



Both parties agree to maintain confidentiality of the information shared by each other and shall not disclose it to any person directly or indirectly without prior written consent from the owner of the information. This confidentiality agreement applies to all representatives, employees and agents of the parties. The confidential information should not be used for any purpose other than the purpose outlined in these Terms and Conditions.



12. TERMINATION



  1. Termination for Convenience



Either Party shall have the right to terminate these Terms and Conditions at any time for convenience by giving to the other Party thirty (30) days prior written notice.



  1. Termination for Breach



If either of the Parties is in breach of any material obligation imposed on it under terms of this Agreement and fails to remedy such breach within a period of thirty (30) days from the date on which written notice is given to remedy such breach, the other Party shall, without prejudice to any other remedy, be entitled to terminate the Agreement forthwith.



  1. Termination by JabuPay



JabuPay may terminate the Agreement forthwith and without assigning any reasons where:



  1. The customer is adjudged bankrupt or insolvent, or files a voluntary petition in bankruptcy or makes an assignment for the benefit of its creditors;



  1. The customer uses or is reasonably suspected of using the JabuPay Services contrary to the Agreement or the law.



13. GOVERNING LAW AND JURISDICTION



The Agreement, its validity, construction and interpretation shall be subject to the exclusive jurisdiction of Zambian Laws.



14. DISPUTE RESOLUTION



In the event that any dispute arises the Parties shall use reasonable endeavors to resolve the dispute amicably. In case the parties are not able to settle the same, then, any Party may elect to refer the matter to court of competent Jurisdiction.



15. AMBIGUOUS TRANSACTION



Please note the following important information regarding customer payments and transactions:



If a customer has any queries related to their payment, including ambiguous transactions, the sender or receiver must respond or address the issue within 24 hours. If they fail to do so, JabuPay will roll back the collected amount to the customer within 48 hours.



An "ambiguous transaction" is a transaction where JabuPay has successfully collected funds from the payer, but the JabuPay platform did not receive a response from the biller or the response was unclear. In such cases, the funds collected will be held in a suspense account and neither the sender nor the receiver will have access to them.



If there are any other transactions that have the potential for revenue loss due to a system change, error, or a glitch, the sender or receiver must report the incident to JabuPay immediately for proper action to be taken.



16. WAIVER



If either Party overlooks any violation of these Terms and Conditions, it should not be considered as a waiver of any subsequent breach of the same or any other provision. Also, if the aggrieved party delays or omits to use any right, power, or privilege that it has under these Terms and Conditions, it should not be deemed as a waiver of any breach or default by the other Party.



17. ASSIGNMENT



The customer shall not assign or otherwise transfer any of its rights under the Agreement or any interest herein without the prior written consent of JabuPay. JabuPay may assign any of its rights or obligations under the Agreement without the consent of the customer.



18. NOTICES



Any notice, request or consent required or permitted to be given or made according to the Agreement shall be in writing and served at the registered office of the receiving party or its duly authorized representative.



19. FORCE MAJEURE



Neither Party shall be liable to the other Party for any failure to perform any of its duties and obligations under these Terms and Conditions where such failure is attributable to Force Majeure. Where such Force Majeure incident continues for a period exceeding thirty (30) days, the unaffected party shall be at liberty

to terminate the Agreement.



20. SEVERABILITY



Any provision under the Agreement that is held to be invalid by a Court of competent jurisdiction shall not affect the remaining provisions and such remaining provisions shall continue to be binding upon the Parties.



21. GENERAL



These Terms and Conditions represent the complete agreement between the parties and replace any prior agreement or relationship regarding the same matter. Any changes to these Terms and Conditions must be in writing and agreed upon by both parties. These Terms and Conditions can be signed electronically and will recognize electronic communications sent in accordance with relevant laws.


JabuPay Terms & Conditions Namibia

1. Introduction

These Terms and Conditions ("Agreement") govern the use of JabuPay services ("Services") provided by Jabu Wallet (PTY) LTD ("JabuPay"). By accessing or using the Services, you agree to be bound by the terms of this Agreement. This Agreement applies to all users, including but not limited to customers, merchants, and any other entities that utilize the JabuPay platform for payment processing and related services.

The Services provided by JabuPay are designed to facilitate digital and cash transactions in a secure, efficient, and compliant manner. As part of the regulatory sandbox program authorized by the Bank of Namibia, JabuPay operates under specific restrictions and conditions that apply to its services within Namibia.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • "Agreement": Refers collectively to these Terms and Conditions, the Application Form, the Fee Schedule, and the JabuPay Standard Operating Procedures.

  • "JabuPay": Refers to Jabu Wallet (PTY) LTD’s mobile money application providing digital payment solutions through its platform.

  • "Services": The digital payment processing and related services offered by JabuPay to customers and merchants.

  • "Customer": Any individual or entity that uses the JabuPay service to make or receive payments.

  • "Merchant": Any individual or entity that provides goods or services and accepts payments through JabuPay.

  • "E-Value": The electronic value recorded in a customer’s JabuPay wallet, representing the equivalent amount of real money held in a trust account by Jabu Wallet Limited.

  • "JabuSafe": A physical secure storage unit provided by JabuPay, allowing merchants to digitize cash for deposits into their JabuPay wallets.

  • "KYC": Know Your Customer process, which involves verifying the identity of customers to prevent fraud, money laundering, and other illegal activities.


3. Scope of Services

3.1 Service Overview

JabuPay offers a comprehensive digital payment platform that facilitates secure and efficient transactions between customers and merchants. The Services include, but are not limited to, digital payments, cash digitization through JabuSafe, wallet management, and savings management. JabuPay’s platform supports a variety of payment methods and allows for the creation and management of savings groups, enabling users to save, invest, and manage their finances effectively. The platform is designed to integrate seamlessly with existing business operations, providing merchants and customers with a reliable and user-friendly experience.

3.2 Service Availability

The Services provided by JabuPay are available to customers and merchants who meet the necessary KYC requirements. JabuPay reserves the right to expand, modify, or restrict the availability of its Services as needed to comply with applicable laws, regulations, or business requirements.

3.3 Compliance with Laws

JabuPay operates in strict compliance with the relevant laws and regulations governing payment processing, savings management, and financial transactions. All users of JabuPay Services are required to adhere to these laws, including but not limited to anti-money laundering (AML) regulations, data protection laws, and any other applicable legal requirements.

4. Customer and Merchant Obligations

4.1 Customer Obligations

  • KYC Compliance: Customers must complete the Know Your Customer (KYC) process, which involves providing accurate and up-to-date identification and any other documentation required by JabuPay. This process is mandatory to prevent fraud, money laundering, and other illegal activities.

  • Accurate Information: Customers are responsible for ensuring that all information provided to JabuPay is accurate, complete, and up-to-date. Any changes to personal or financial information must be promptly communicated to JabuPay.

  • Use of Services: Customers agree to use the Services only for lawful purposes and in accordance with the terms of this Agreement. Misuse of the Services, including but not limited to fraudulent activities, unauthorized transactions, or any actions that violate applicable laws, is strictly prohibited.


4.2 Merchant Obligations

  • Regulatory Compliance: Merchants must comply with all applicable laws and regulations, including but not limited to anti-money laundering (AML) laws, data protection laws, and any other relevant legal requirements. Merchants are also responsible for ensuring that their use of JabuPay Services complies with all industry standards and practices.

  • Promotion and Usage: Merchants are responsible for promoting the use of JabuPay to their customers and ensuring that all transactions conducted through the platform are legitimate and compliant with the terms of this Agreement.

  • Transaction Records: Merchants must maintain accurate records of all transactions conducted through JabuPay. These records must be made available to JabuPay or any relevant regulatory authority upon request.

  • Security of JabuSafe: Merchants using JabuSafe for cash digitization must ensure the secure handling and storage of cash prior to digitization. Merchants are responsible for the safekeeping of any physical assets associated with the use of JabuSafe and for following all security protocols provided by JabuPay.

5. Fees and Charges

5.1 Fee Structure

JabuPay charges fees for the use of its Services, including but not limited to transaction processing, cash digitization via JabuSafe, and savings management. The specific fees applicable to each service are outlined in the Fee Schedule, which forms an integral part of this Agreement. JabuPay reserves the right to update the Fee Schedule periodically, and any such updates will be communicated to Customers and Merchants in advance.

5.2 Payment of Fees

  • Automatic Deduction: Fees will be automatically deducted from the funds processed through JabuPay before settlement into the Customer’s or Merchant’s designated bank account or JabuPay wallet. Merchants are responsible for ensuring that their accounts have sufficient funds to cover any applicable fees.

  • Inclusive of Taxes: All fees charged by JabuPay are inclusive of applicable taxes, including Value Added Tax (VAT) and any other statutory charges as required by Namibian law.

5.3 Changes to Fees

JabuPay may modify its fee structure as necessary to reflect changes in the cost of providing services, regulatory requirements, or other business needs. Any changes to the fees will be communicated to Customers and Merchants at least 30 days before they take effect. Continued use of the Services after the effective date of any fee changes constitutes acceptance of the new fees.

5.4 Refunds and Disputes

  • Non-Refundable Fees: All fees paid to JabuPay for Services rendered are non-refundable unless otherwise specified in this Agreement or required by law.

  • Fee Disputes: Any disputes regarding fees must be raised with JabuPay within 30 days of the transaction in question. JabuPay will review and address fee disputes in accordance with its dispute resolution procedures.

6. Collection and Settlement of Funds

6.1 Fund Collection

JabuPay facilitates the collection of funds from customers through its digital payment platform. These funds may include payments for goods and services, cash deposits digitized via JabuSafe, and contributions to savings groups. JabuPay is responsible for ensuring that funds are collected securely and efficiently, and are accurately recorded in the relevant customer or merchant accounts.

6.2 Settlement Process

  • Settlement Timing: Funds collected through JabuPay will be settled into the designated bank account or JabuPay wallet of the customer or merchant within seventy-two (72) hours of the transaction, excluding weekends and public holidays. Settlement times may vary depending on the processing times of the respective banks or any unforeseen circumstances that may arise.

  • Notification of Settlement: JabuPay will provide customers and merchants with notifications confirming the successful settlement of funds. These notifications will be sent through the preferred communication channels specified by the customer or merchant.

6.3 Changes to Settlement Details

  • Notification of Changes: Merchants wishing to change their designated settlement bank account or JabuPay wallet must notify JabuPay in writing at least thirty (30) days before the intended change. JabuPay will process these changes in a timely manner, but will not be liable for any delays or errors resulting from insufficient notice or incorrect information provided by the merchant.

  • Responsibility for Accuracy: It is the responsibility of the customer or merchant to ensure that the details of their settlement account are accurate and up-to-date. JabuPay will not be liable for any losses or delays resulting from errors in the settlement details provided by the customer or merchant.


6.4 Reconciliation and Discrepancies

  • Reconciliation: JabuPay provides tools and reports to help customers and merchants reconcile their accounts and transactions. It is the responsibility of the customer or merchant to regularly review and reconcile their account statements.

  • Reporting Discrepancies: Any discrepancies or errors identified in the settlement process must be reported to JabuPay within seven (7) days of the settlement date. JabuPay will investigate and resolve reported discrepancies in accordance with its internal procedures.

7. Chargebacks and Dispute Resolution

7.1 Chargeback Process

In the event that a customer disputes a transaction processed through JabuPay, a chargeback may be initiated by the customer’s bank. The chargeback process allows the customer to request the reversal of a transaction. JabuPay will facilitate the chargeback process in accordance with the applicable banking and payment network rules.

  • Merchant Responsibilities: Merchants are required to respond to chargeback requests within seven (7) days of notification by JabuPay. Merchants must provide all necessary documentation to support the validity of the transaction, including proof of delivery or services rendered.

  • Liability for Chargebacks: If a chargeback is upheld, the disputed amount will be deducted from the merchant’s JabuPay account or the next settlement amount. Merchants are liable for any chargebacks resulting from fraud, unauthorized transactions, or disputes that they are unable to resolve.

7.2 Dispute Resolution Process

JabuPay is committed to resolving disputes between customers and merchants in a fair and efficient manner. The following process applies to disputes arising from the use of JabuPay Services:

  • Initial Resolution: Customers and merchants are encouraged to resolve disputes directly between themselves. If a resolution cannot be reached, either party may escalate the dispute to JabuPay for mediation.

  • Mediation by JabuPay: JabuPay will review the details of the dispute and may request additional information from both parties. JabuPay will act as a neutral mediator and work to facilitate a mutually agreeable resolution. JabuPay’s decision on the dispute will be final and binding.

  • Arbitration: If a dispute cannot be resolved through mediation, it may be referred to arbitration. The arbitration process will be conducted in accordance with the arbitration laws applicable in the jurisdiction of the parties involved. The decision of the arbitrator will be final and binding on both parties.

7.3 Limitation of Claims

Any claim or dispute related to fees, transactions, or any other matter under this Agreement must be raised within thirty (30) days from the date the issue first arose. Claims made after this period will not be considered, and the parties will be deemed to have waived their rights to pursue the matter further.

8. Limitations of Liability

8.1 General Limitation of Liability

JabuPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising out of or related to the use of JabuPay Services, even if JabuPay has been advised of the possibility of such damages. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

8.2 Specific Limitations

JabuPay’s total liability for any claim arising under this Agreement shall not exceed the amount of fees collected by JabuPay from the customer or merchant in the month immediately preceding the occurrence of the claim. This limitation of liability is cumulative and not per incident.

8.3 Exclusions

JabuPay shall not be held liable for any losses or damages resulting from:

  • Incorrect Information: Losses arising from the provision of incorrect or incomplete information by the customer or merchant.

  • System Malfunctions: Losses resulting from system malfunctions, interruptions, or downtime that are beyond JabuPay’s control, including but not limited to issues with third-party service providers, telecommunications failures, or internet outages.

  • Regulatory Actions: Any restrictions, penalties, or actions imposed by regulatory authorities that affect the availability or operation of JabuPay Services.

  • Fraudulent Activities: Losses resulting from fraudulent activities or unauthorized transactions that are not the result of JabuPay’s negligence.

8.4 Force Majeure

JabuPay shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, civil unrest, labor disputes, government actions, or any other force majeure event. In the event of a force majeure, JabuPay’s obligations under this Agreement will be suspended for the duration of the event.

9. Confidentiality and Data Protection

9.1 Confidentiality Obligations

Both JabuPay and the users (customers and merchants) agree to maintain the confidentiality of all information exchanged during the use of JabuPay Services. This includes, but is not limited to, business plans, customer lists, personal data, transaction details, trade secrets, and any other proprietary or confidential information.

  • Disclosure Restrictions: Neither party shall disclose any confidential information to third parties without the prior written consent of the other party, except as required by law or in connection with legal proceedings.

  • Use of Information: Confidential information shall only be used for the purpose of fulfilling obligations under this Agreement and shall not be used for any other purpose, including commercial advantage or competition.

9.2 Data Protection Compliance

JabuPay is committed to protecting the personal data of its users. All data collection, storage, and processing activities will be conducted with a high standard of security and confidentiality.

  • Customer and Merchant Data: JabuPay will only collect, process, and store personal data that is necessary for the provision of its Services. This includes data required for the KYC process, transaction processing, and account management.

  • Data Security: JabuPay will implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, destruction, or damage. This includes the use of encryption, access controls, and regular security audits.

  • Data Sharing: JabuPay may share personal data with third-party service providers or regulatory authorities as required by law or for the purpose of providing Services. Any data sharing will be conducted with respect to the privacy of the users.

9.3 Data Subject Rights

Customers and merchants have the right to access, correct, or delete their personal data held by JabuPay. Requests to exercise these rights can be submitted to JabuPay in writing. JabuPay will respond to such requests in accordance with its data protection policies.

  • Regulatory Supremacy: Any laws or regulations prescribed by the Bank of Namibia or other relevant regulatory authorities will supersede the provisions of this Agreement. In the event of a conflict between JabuPay’s policies and the regulatory requirements, the latter will take precedence.


9.4 Data Retention

JabuPay will retain personal data only for as long as necessary to fulfill the purposes for which it was collected or as required by law. Once the retention period has expired, personal data will be securely deleted or anonymized.

9.5 Breach of Confidentiality

Any breach of confidentiality by either party may result in the termination of this Agreement and may subject the breaching party to legal action. The non-breaching party shall be entitled to seek injunctive relief and any other remedies available under the law.

10. Termination

10.1 Termination by Either Party

Either JabuPay or the user (customer or merchant) may terminate this Agreement by providing thirty (30) days’ written notice to the other party. Termination will not affect any obligations or liabilities incurred before the date of termination.

10.2 Immediate Termination by JabuPay

JabuPay reserves the right to terminate this Agreement immediately and without notice under the following circumstances:

  • Breach of Agreement: If the user is found to be in material breach of any terms of this Agreement, including but not limited to non-compliance with legal or regulatory requirements.

  • Illegal Activities: If the user engages in activities that are illegal or that violate any laws or regulations applicable to the use of JabuPay Services.

  • Fraudulent Activity: If the user is involved in fraudulent activities or uses JabuPay Services in a manner that poses a risk to JabuPay or other users.

  • Regulatory Requirements: If required by the Bank of Namibia or any other relevant regulatory authority as part of their supervisory functions.

10.3 Consequences of Termination

  • Cessation of Services: Upon termination of this Agreement, the user’s access to JabuPay Services will be immediately revoked. Any pending transactions will be processed in accordance with the terms of this Agreement.

  • Settlement of Accounts: JabuPay will settle any outstanding balances in the user’s JabuPay wallet or associated bank account as soon as practicable following the termination of the Agreement, after deducting any fees or amounts owed to JabuPay.

  • Return of Confidential Information: The user must return or destroy any confidential information belonging to JabuPay and certify in writing that this has been done.

10.4 Survival of Terms

The provisions of this Agreement that, by their nature, should survive termination, including but not limited to confidentiality obligations, limitations of liability, and indemnification, shall continue to apply even after the Agreement has been terminated.

11. Governing Law and Jurisdiction

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Namibia.

11.2 Jurisdiction

Any disputes arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Namibia. The parties agree to submit to the personal and exclusive jurisdiction of the Namibian courts for the resolution of any such disputes.

11.3 Compliance with Local Laws

Users of JabuPay Services are responsible for complying with all local laws applicable to their use of the Services, including but not limited to laws relating to online conduct and acceptable content. JabuPay makes no representation that the Services are appropriate or available for use in all locations.

12. Amendments

12.1 Right to Amend

JabuPay reserves the right to amend these Terms and Conditions at any time. Any amendments will be made to comply with changes in law, regulatory requirements, or operational needs. Such amendments will be effective immediately upon being posted on JabuPay’s website or communicated to users through other appropriate channels.

12.2 Notification of Changes

JabuPay will notify users of any significant changes to these Terms and Conditions at least thirty (30) days before they take effect, unless the changes are required by law or regulatory authorities to take effect sooner. Notification may be provided via email, the JabuPay website, or other communication methods deemed appropriate by JabuPay.


12.3 Acceptance of Amendments

Continued use of JabuPay Services after the effective date of any amendments constitutes acceptance of the new terms. If a user does not agree to the amended Terms and Conditions, they must discontinue the use of the Services and may terminate this Agreement as provided in the termination section of this Agreement.

12.4 Review of Terms

Users are encouraged to periodically review these Terms and Conditions to stay informed about any updates or changes. The most current version of the Terms and Conditions will be available on the JabuPay website.