USER AGREEMENT
Last Updated: June 1 2024
1. INTRODUCTION
This User Agreement (“Agreement”) is a contract between you, the User, and VeryPay, part of VERYSELL TECHNOLOGIES (UGANDA) LIMITED (collectively referred to as “VeryPay”, “we”, “our”, “us”), and it applies to your use of VeryPay’s products and services and all other VeryPay’s features, technologies, and/or functionalities offered on our website, in the VeryPay’s Apps or through any other means (collectively, the “Services”) whether as visitors, registered users, or account holders.
The Services provided to you are subject to this Agreement as well as our Privacy Policy (“Privacy Policy”), which can be found on our website at https://verypay.ch/uganda/privacy-policy.
By using the VeryPay’s Services, you accept and agree to be bound and abide by the terms and conditions of this Agreement, and you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement.
It is important that you review this Agreement and our Privacy Policy carefully before using VeryPay’s Services. If you do not agree with any part of the Agreement, you should not use the VeryPay’s Services. We may terminate, suspend, or restrict your access to our Services at any time if you violate the terms of this Agreement.
2. OPENING AN ACCOUNT
2.1. In order to use some of our Services, you may first need to register an account by registering your details on our Apps or via a 3rd party portal (app, website). As part of the registration process, you will need to accept the terms of this Agreement and you must have legal capacity to accept them.
If you are an individual, you must be 18 years or older to use our Services and by opening a VeryPay account you declare that you are 18 years old or older.
In addition to opening an account with the third party e-wallet provider, you will need to open an account with VeryPay.
At VeryPay we offer the following different types of accounts:
(i) Personal Account: for use in person-to-person transfers with friends and family, and other people whom you know. Personal accounts may also be used to make authorized merchant payments, facilitating a payment transaction between you and an authorized merchant via the Services where such authorized merchant payments are available. Some features of personal accounts may be limited based on how you wish to use the Services, how much you need to send or spend, and what we know about you. We may also require that you provide additional information in order to complete a transaction. Personal accounts have a group sharing functionality for personal use only. Personal accounts may not be used to receive business, commercial or merchant transactions.
On the VeryPay Apps you will be asked to provide first name, last name, email address, phone number and billing address. The application has an OTP verification procedure which means that during the registration process a code will be sent to your cell phone and you will need to enter this code into the application form in order to open an account with our Services.
(ii) Business Account: Business accounts must be applied for and explicitly authorized by us once they are available. By opening a business account and accepting the terms as outlined in this Agreement, you confirm that neither you, nor your business, is establishing a business account primarily for personal, family, or household purposes. We may reverse or place a hold on your activities or terminate your account if you are in breach of this Agreement, including, but not limited to, if you are using a personal account for business purposes or vice versa.
On the VeryPay Apps you may be asked to provide full registered name, registered address, business operating address (if different to registered address), tax or business ID; first name, last name and email of the business account manager, phone number and billing address. The application has an OTP verification procedure which means that during the registration process a code will be sent to your cell phone and this code needs to be entered into the application form in order to open an account with our Services.
2.2. We may request, in our sole discretion, you to provide one or more answers to security questions and additional information or documents we deem necessary and appropriate in line with our assessment of risks relevant to you both in course of our review of your application and during the term of this Agreement. You undertake that all information and documents which you present to us are true, accurate and up to date. If, at any point during the term of the Agreement, any of the information and documents presented to us should change or you identify that they were false, inaccurate and / or incorrect in any form, then you shall promptly present us with the respective updated information and documents.
You can update the information and documents presented to us by email at info@verypay.ug and we may ask you at any time to confirm the accuracy of your information and / or provide additional supporting documents. We may also contact third parties to collect and / or verify the information and documents presented by you under this Agreement. We may limit your access to our Services until such collection of information and / or verification is completed.
3. KEEPING YOUR VERYPAY ACCOUNT SAFE
3.1. You must take all reasonable steps to always keep your VeryPay account password and any other security features safe and never disclose them to anyone.
3.2. Our personnel will never ask you to provide your password or other security features to us or to a third party. Any message you receive or website you visit that asks for your password or other security features should be reported to us. If you are in doubt whether a website is genuine, you should contact our Customer Service at info@verypay.ug.
3.3. It is advisable to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your account or watch you accessing your account.
3.4. If you have any indication or suspicion of your account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised you must contact our Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of your account, login details, password or other security features.
If you suspect that your account was accessed by someone else, you should also contact the police and report the incident.
4. PROHIBITED TRANSACTIONS
4.1. It is strictly forbidden to send or receive payments as consideration for the sale or supply of: drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), material which incites violence, hatred, racism or which is considered obscene, government IDs and licenses including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or unlicensed or illegal gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, pyramid selling or Ponzi schemes, matrix program or other “get rich quick” schemes or high yield investment program, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (on and off plan).
4.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your VeryPay account at any time or refuse to execute if we believe that you directly or indirectly use or have used your VeryPay account for or in connection with illegal gambling transactions.
4.3. It is strictly forbidden to use your VeryPay account for any illegal purposes including but not limited to fraud, money laundering, bribery. We will investigate and report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your VeryPay account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant or a third-party provider on the services it provides.
4.4. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, any unlawful and/or abusive activity, we reserve the right to: close or suspend your VeryPay account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you.
4.5. It is your responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
4.6. We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories to the terms of this Agreement.
5. CHARGEBACKS AND DISPUTED TRANSACTIONS
5.1. The amount of a transaction may be charged back or reversed to the User’s e-wallet provider payment account (a “Chargeback“) if the transaction (a) is disputed by the sender, (b) is reversed for any reason by the participating mobile money provider or financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
5.2. We will not hold you responsible for Chargebacks if you and the transactions meet all the requirements of this Agreement; including but not limited to the following requirements apply:
5.2.1. You must have a registered VeryPay account.
5.2.2. You must provide all requested information within the time limit specified by the email sent by us.
5.2.3. The transaction and your User e-wallet provider payment Account must not violate the terms of this Agreement and our policies.
5.3. Excessive Chargebacks
If we determine that the User is incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your Account, including without limitation, by (a) limiting acceptance or sending privileges, and (b) terminating or suspending the Services.
5.4. Contesting Chargebacks
The User agrees to assist us when requested, at your expense, to investigate any of your transactions processed through the Service. You, the User, acknowledge that your failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within five (5) business days of our request, may result in an irreversible Chargeback.
5.5. Disputed Transactions
5.5.1. When a User initiates a dispute or complaint regarding a transaction made through our Services, the User agrees to cooperate fully with us to resolve the issue.
5.5.2. The User acknowledges that prompt and transparent cooperation is essential for effective dispute resolution.
5.5.3. Our dispute resolution program includes a structured complaint process that the User must follow.
5.5.4. This process provides a clear framework for submitting, investigating, and resolving disputes in a fair and timely manner.
5.5.5. The User agrees to respond to any inquiries or requests for information from us regarding a disputed transaction within 5 business days.
5.5.6. Timely responses from the User are crucial for us to investigate the dispute and reach a resolution.
5.5.7. The User agrees to deliver to us, within 5 business days of our request, any documentation or information that is reasonably necessary for us to investigate the disputed transaction.
5.5.8. This may include, but is not limited to, proof of delivery, transaction records, or other relevant evidence.
5.5.9. Once the dispute resolution process is complete, the decision reached by us will be final and binding on the User.
5.5.10. The User agrees to accept the outcome of the dispute resolution process.
6.COMPAINTS, GOVERNING LAW AND JURISDICTION
6.1. Complaints
Any complaint relating in any way to the use of the Services should be addressed to our Customer Service team. Our aim will be to address your complaint as soon as practically possible and within a reasonable time frame. We will strive to achieve an amicable resolution where appropriate. In all cases we will endeavor to resolve the matter within 8 weeks from the point at which we have been supplied by you with all relevant information.
6.2. Governing Law and Jurisdiction
This User Agreement shall be governed by and construed in accordance with the laws of Uganda, without regard to its conflict of law principles. Any legal action or proceeding arising under this User Agreement shall be referred to and finally resolved by arbitration under the ICAMEK Rules. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
7. TERMINATION & SUSPENSION
7.1. You can delete your VeryPay Account at any time via the account management screen. Such action will result in the termination of our agreements, as well as the deletion of your VeryPay account.
7.2. We can decide to suspend your account or restrict your ability to use our Services if we believe that you have used our Services for illegal purposes or with stolen payment methods that are not your own. If we reasonably suspect this may be the case, you authorize us to share information about you and any transactions conducted through your account with law enforcement authorities if they request it.
7.3. If your VeryPay Account is terminated or suspended for any reason, you may lose access to the funds in your Account during the suspension or until the Account is reinstated.
Any pending transactions or payments processed under the Services may be delayed or canceled at our discretion. We will not be liable for damages of any sort that result from these actions.
8. CHANGES TO THE TERMS OF THIS AGGREMENT
We’ll let you know about any material changes to the terms of this Agreement. We may update this Agreement from time to time. When we do, we will revise the “last updated” date. If we make changes that we deem material, we will use reasonable efforts to notify (such as by placing a notice in the Apps or on https://verypay.ch/uganda/). We encourage you to periodically check this Agreement for updates.
9. ADDITIONAL PROVISIONS
9.1. Services Updates and Maintenance
VeryPay may modify, update, suspend, or discontinue any aspect of the access to or use of the Services, at any time, without liability or other obligation, including notice, to you.
9.2. Intellectual Property Rights
All intellectual property rights to the Services, including but not limited to the VeryPay website, Apps, software, and any content provided therein, are owned by VeryPay.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, distribute, perform, communicate to the public or in any way exploit, any of the Services in whole or in part.
10. CONTACT US
You can contact us with your questions, comments, or concerns. If you have any questions, comments, or concerns regarding our Agreement, please send an email to legal@verysellgroup.com or contact us at VeryPay, part of VERYSELL TECHNOLOGIES (UGANDA) LIMITED, Plot 2092/2093 Block 216, Mengo, Kyadondo, Kiwatule, Ntinda, Uganda.