These Terms and Conditions set out the rights and obligations of you (“the Customer”) and ClickPesa Tanzania (“ClickPesa”) in connection with your use of the payment services provided by ClickPesa. By clicking “I agree” to these Terms and Conditions, you unconditionally accept and agree to be bound by the applicable laws, rules, regulations, and guidelines relating to the payment services, now and as may be amended from time to time.
You are advised to read and fully understand these Terms and Conditions. If you do not agree, you must not proceed to register for or use ClickPesa services.
1. Commencement
1.1 This Agreement shall commence on:
- The date the Customer accepts these Terms and Conditions.
- The date the Customer’s account is activated for the operation of ClickPesa services.
1.2 This Agreement shall continue for the period during which the Customer uses ClickPesa services unless terminated earlier.
2. Formation of Contract
2.1 By accepting these Terms and Conditions, either through the completion of the registration process or by using the payment services, the Customer acknowledges having read and agreed to be bound by this Agreement and all documents incorporated by reference.
2.2 If the Customer does not agree to be bound by these Terms and Conditions, they should not use the service.
2.3 ClickPesa may vary any provision in these Terms and Conditions without prior consent from the Customer in cases such as:
- New legislation, regulations, or statutory instruments.
- Industry changes or regulatory body recommendations.
- ClickPesa’s internal business planning or discretion.
2.4 ClickPesa will endeavour to notify the Customer of such changes as soon as reasonably practical, using electronic notices sent to the email or mobile number provided during registration.
3. Persons Eligible
3.1 By agreeing to these Terms, you confirm that ClickPesa services are available for all eligible accounts, whether open now or in the future.
3.2 ClickPesa payment services are accessible to:
- Individuals of full age and capacity.
- Corporate entities, partnerships, trusts, associations, and other legally established entities.
- Professional intermediaries such as stockbrokers and chartered accountants.
4. Registration
4.1 To use ClickPesa services, you must register for and maintain an active User Services account (“Account”).
4.2 Account registration requires:
- Individuals: Personal information such as name, address, phone number, age, nationality, etc.
- Entities/Firms: Documents such as Memorandum and Articles of Association, Certificates of Incorporation, Business License, TIN, VAT Certificates, etc.
4.3 The Customer agrees to:
- Maintain accurate and up-to-date account information.
- Be responsible for all activity under their account.
- Keep their passwords confidential.
4.4 ClickPesa may refuse to open an account if the provided information is unsatisfactory.
5. Scope of Services
ClickPesa offers the following payment services:
- Basic payment operations.
- Fund transfers within Tanzania and for cross-border operations.
- Payments in national and foreign currency under the National Payment System Act of 2015.
- Execution of individual and recurring payment transactions.
6. Service Charges
6.1 ClickPesa charges transaction processing fees based on service type. Fees exclude applicable taxes unless stated otherwise.
6.2 ClickPesa may amend service fees with prior notice via SMS or the website.
7. Customer Obligations
The Customer agrees to:
- Comply with all applicable laws, including Anti-Money Laundering (AML) and Combating Financing of Terrorism (CFT) regulations.
- Maintain the confidentiality of their account and ClickPesa portal access.
- Notify ClickPesa of changes to their business operations.
- Ensure services are not used for illegal activities or to infringe on third-party rights.
8. ClickPesa’s Obligations
ClickPesa will:
- Provide access to payment channels, including mobile money wallets, bank accounts, and e-wallets.
- Ensure timely settlement of funds into the Customer’s preferred account.
- Offer technical support and maintain an online web portal for real-time visibility.
9. Limitation of Liability
ClickPesa will not be liable for:
- Indirect or consequential damages.
- Losses caused by Customer’s negligence or failure to secure data.
10. Indemnity
The Customer agrees to indemnify ClickPesa against claims arising from:
- Breach of these Terms.
- Violation of AML/CFT laws or third-party rights.
11. Chargeback Processing
11.1 Customers may incur chargeback costs equal to transaction fees unless caused by ClickPesa.
11.2 Failure to assist ClickPesa during chargeback investigations may result in irreversible outcomes.
12. Suspension
ClickPesa may suspend services for reasons such as:
- Regulatory changes or technical maintenance.
- Customer’s non-compliance with these Terms.
13. Copyright
ClickPesa retains ownership of all intellectual property rights related to its services and platforms.
14. Anti-Money Laundering
14.1 Transactions involving proceeds of crime or intended to finance crime are prohibited.
14.2 ClickPesa monitors and reports suspicious activity as required by law.
15. Privacy Policy
ClickPesa collects and uses personal information in compliance with its Privacy Policy, available upon request. Customers are responsible for ensuring data security on their servers.
16. Notices
ClickPesa will communicate with Customers electronically via email or SMS. Customers must update their contact information promptly.
17. Severability
If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain valid.
18. Termination
Either Party may terminate this Agreement with 30 days’ notice. ClickPesa may terminate immediately for reasons such as unlawful activities or idle accounts.
19. Force Majeure
Neither Party shall be liable for performance failures due to events beyond their control, such as natural disasters or regulatory changes.
20. Customer Care
Customers can contact ClickPesa’s customer care for assistance. Complaints unresolved within 21 days may be escalated to the Bank of Tanzania.
21. Miscellaneous
Failure by ClickPesa to enforce a right does not constitute a waiver. These Terms supersede all prior agreements.
22. Dispute Resolution
Disputes shall be resolved via arbitration under Tanzanian law.
23. Governing Law
These Terms are governed by the laws of the United Republic of Tanzania.