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real-money deposited in the JabuPay Bank Account or Safe by the customer to be used for payments to other customers or withdrawn to the customer’s bank account.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.