Terms & Conditions
WIPAY Terms & Conditions (Version 1.0 04-12-2018)
Registered Customer Terms & Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR OR USING THE WIPAY SERVICE AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WIPAY GUYANA.
These Terms and Conditions, including any policies or schedules referenced to herein (together the “Agreement”), is a legal agreement between you and WIPAY Guyana, Inc. (“WIPAY”) for the provision and use of the Services.
By subscribing and participating in, or by continuing to use the Services, you are deemed to have made an affirmative statement of your unconditional acceptance of the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not proceed to register for or continue to use the WIPAY Services.
- WIPAY SERVICES and Eligibility
- Wipay is a payment services provider and acts as such by creating, hosting,maintaining and providing our Wipay Services to you via the Internet. Our services allow you to send payments to anyone with a Wipay Account, and, where available, to receive payments. We offer services in compliance with local laws and regulations. Wipay is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties.We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Wipay Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction. Wipay is not a common carrier or public utility. Additional information regarding the use and functions WIPAY can be found on wipaytoday.com
- To be eligible to use the Wipay Services, you must be at least 18 years old, and a resident of one of the countries listed on the Wipay Worldwide page. You must list your correct country of residence in your Account. This Agreement applies only to Users who are residents of the Republic of Guyana. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.
- You must have an have an active mobile service in the country of your residence.
- provide all of the required documentation, including but not limited to your passport or National ID Card (which will be copied) and proof of address,
- accept the terms and conditions which is available via WIPAY
- WIPAY reserves the right to reject any application if any of the account opening requirements are not complied with or if you fail to provide us with satisfactory information
- You agree not provide any false, inaccurate, incomplete or misleading information and accept that such behaviour may constitute a criminal act. You have an obligation to ensure that your registration details are kept fully up to date. WIPAY reserves the right to request further information pertaining to your account at any time and your failure to provide such information may result in limitation on your use of the services, suspension or termination of the your
- You acknowledge and agree that WIPAY is not a bank or a deposit-taking institution and assumes no responsibility for such instructions
- In order to open and maintain an Account, you must provide us with correct and updated Information. Your contact information. It is your responsibility to keep your primary email address up to date so that Wipay can communicate with you electronically. You understand and agree that if Wipay sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Wipay will be deemed to have provided the Communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Wipay to your email address book so that you will be able to view the Communications we send to you. You can update your primary email address or street address at any time by logging into the Wipay website. If your email address becomes invalid such that electronic Communications sent to you by Wipay are returned, Wipay may deem your Account to be inactive, and you will not be able to transact any activity using your Wipay Account until we receive a valid, working primary email address from you. Identity Verification. You authorize Wipay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources. Credit Report Authorization. If you open a Business Account, you are providing Wipay with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing Wipay to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time Wipay reasonably believes there may be an increased level of risk associated with your Business Account. Updates to Information. If your credit card number or expiration date changes, we may acquire that information from our financial services partner and update your Account.
- you acknowledge and agree that WIPAY shall have the right to disclose personal information to law enforcement or Government investigative agencies, or regulatory agencies, to the extent required by law or regulation, to assist in the prevention, detection or prosecution of criminal activities (e.g. money laundering).
- FEES FOR THE WIPAY SERVICES
- Fees may apply for certain categories of transactions.All Fees and Charges are denominated in Guyana Dollars and to view these please visit wipaytoday.com
- A VAT rate of 16 percent will apply to certain transactions in accordance with the Laws of the Republic of Guyana.These will be applied accordingly and added to the pertinent fees
- WIPAY Service fees and charges are subject to change from time-to-time at WIPAY’s sole discretion.
- Sending Payments
- Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the Wipay Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.
- Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, Wipay will fund your transaction in this order (subject to availability based on your Payment Methods and country of registration): Balance,Instant Transfer from your bank account,Debit card,Credit card, Bill collection agency.Note: If you do not want to use your balance, you must withdraw it before making a payment.
- Cards as Payment Methods. By adding a debit card or credit card as a Payment Method, you are providing Wipay with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account
- Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment or a No Log-In Payment. For a preapproved Payment and, in most instances, a No Log-In Payment, you can select a Preferred
Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile.
- Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.
- Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your
payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.
- Preapproved Payments. A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called “subscriptions”, “recurring payments”, “preauthorized transfers” or “automatic payments”. Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.
- Eligibility for Use
- Ability to Receive Payments. The ability to receive payments varies by country. To determine whether you have the ability to receive payments, click here
- Automatic Transfer Countries. If you are a resident of an Automatic Transfer Country, then you have the ability to receive payments but you must withdraw the full amount of your payment through an available withdrawal method. If you do not do so, the amounts will be automatically withdrawn from your Account to your withdrawal method on a regular basis. For additional terms regarding Automatic
Transfer, please click here.
- Liability for Invalidated Payments. When you receive a payment, you are liable to Wipay for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Exhibit A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment. You agree to allow Wipay to recover any amounts due to Wipay by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse Wipay through other
If a sender of a payment files a Chargeback, the card issuer, not Wipay , will determine who wins the Chargeback.
- No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting Wipay as a payment method. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-Wipay transactions.
- Receiving Personal Payments. If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase.
- Preapproved Payments and/or No Log-In Payments. If you receive Preapproved Payments and/or No Log-In Payments you must receive your buyer’s Authorization to the payment amount, frequency and duration prior to submitting the payment.
- Micropayments for Digital Goods. To qualify to receive Micropayments for Digital Goods, you must submit an application, be approved by us, and have an Account in good standing. By applying for Micropayments for Digital Goods, you agree that for Digital Goods transactions you receive up to the amounts in the table below, then if a buyer opens a Dispute, Wipay may reverse the transaction, and remove the funds from your Account without requiring the buyer to escalate the Dispute to a Claim.
- Account Balances
- If you hold a balance, Wipay will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. Wipay will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. Wipay may receive interest on amounts that Wipay holds on your behalf. You agree to assign your rights to Wipay for any interest derived from your funds.
- Setoff of Past Due Amounts. If you have a past due amount owed to Wipay , or an Affiliate,Wipay may debit your Account to pay any amounts that are more than 180 Days past due.
- Negative Balances and Multiple Currencies. If your Account has a negative balance, Wipay may set- off the negative balance with any funds that you subsequently add or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, Wipay may set-off the negative balance by using funds you maintain in a different currency balance. If you open more than one Account, Wipay may set off the negative balance in one Account by using any balance that you maintain in your other Account(s). In the event that a negative balance is offset by Wipay pursuant to this paragraph, it may be bundled with another debit coming out of your Account.
- Closing Your Account
- How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.
- Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect Wipay, Affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
- Errors and Unauthorized Transactions
- Protection for Unauthorized Transactions and Errors. When an Unauthorized Transaction or an Error occurs in your Account, Wipay will cover you for the full amount of every eligible Unauthorized Transaction or Error so long as you follow the procedures discussed below.An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.
- Notification Requirements. You should immediately notify Wipay if you believe: there has been an Unauthorized Transaction or unauthorized access to your Account; there is an Error in your Account history statement (you can access your Account history statement by logging into your Account and clicking on a link to “View all of my transactions” ) or in your transaction confirmation sent to you by email;your password or Wipay Mobile PIN has been compromised; your Wipay Mobile-activated phone has been lost, stolen or deactivated; or you need more information about a transaction listed on the statement or transaction confirmation. To be eligible for protection for Unauthorized Transactions, you must notify us within 60 Days after any Unauthorized Transaction first appears in your Account history statement. We will extend the 60 Day time period if a good and demonstrable reason, such as a hospital stay, kept you from notifying us within 60 Days. You should regularly log into your Account and review your Account history statement to ensure that there has not been an Unauthorized Transaction or Error. Wipay will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.For Unauthorized Transactions or Errors in your Account, notify us as follows:
Use this form to file a report in the Wipay Resolution Center.When you notify us, provide us with all of the following information:
Your name and email address registered to your Account;
A description of any suspected Unauthorized Transaction or Error and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; and The amount of any suspected Unauthorized Transaction or Error. If you notify us orally, we may require that you send us your complaint or question in writing within 10 Business Days. During the course of our investigation, we may request additional information from you.
- Wipay Actions after Receipt of Your Notification. Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following: We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Error that is eligible for protection. We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transactions or Error. If your Account is new (the first transaction from your Account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 Days to complete our investigation (or up to 90 Days for new Accounts, or if your transaction was at a point of sale where you were physically present, or a foreign initiated transaction). If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected Unauthorized Transaction or Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new Accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days (or 20 Business Days for new Accounts), we will not provisionally credit your Account.We will inform you of our decision within 3 Business Days after completing our investigation. If we determine that there was an Unauthorized Transaction or Error, we will promptly credit the full amount into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts. If we decide that there was not an Unauthorized Transaction or Error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.
- Wipay Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, Wipay will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, Wipay will debit the extra funds from your Account.
- Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. Wipay will not reimburse you or reverse a payment that you have made in error.
- GOVERNMENTAL OR LAW ENFORCEMENT ACTION AGAINST THE WIPAY ACCOUNT
- You hereby expressly consent and authorize WIPAY to disclose any transaction data or information pertaining to your account to any law enforcement, investigative or regulatory authority.
- You acknowledge and agree that where your account is determined by a competent governmental, judicial or law enforcement authority to contain the proceeds of any criminal or money laundering activities, WIPAY may be required by law to comply with instructions issued by the relevant authority in accordance with the Law
- You acknowledge and accept that WIPAY shall report any suspicious account activity to the relevant law enforcement authority and that WIPAY may be compelled by law to suspend and/or freeze your account or decline to execute your transaction requests if there are grounds to suspect that an account has been or is being in connection with any criminal, fraudulent or other similar activity.
- WARRANTY DISCLAIMER
- WIPAY does not warrant that all of the functionality of the WIPAY Service will be available at all times. WIPAY makes no representations or warranties as to continuous, uninterrupted or secure access to the WIPAY Services, which may be affected by factors outside WIPAY’s control, or may be subject to periodic testing, repair, maintenance or upgrades.
- LIMITATION OF LIABILITY
- WIPAY is not liable for any direct, indirect, incidental, exemplary, consequential, special or punitive damages or losses relating to the WIPAY Services or this Agreement. Furthermore, WIPAY, its agents, merchants and service providers (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the WIPAY
- You will indemnify and hold harmless WIPAY and its affiliates, the agents, merchants and service providers from and against any and all claims, costs, losses, damages, judgments, and other expenses arising out of: (i) your actual or alleged breach of this Agreement; or (ii) your illegal, fraudulent, or improper use of the Services.
- WIPAY Customer Service Manager shall handle all complaints in accordance with WIPAY’s standard complaint handling procedures. The parties shall attempt to resolve all disputes by WIPAY’s dispute resolution process and you hereby agree to fully participate in that process.
- Any dispute arising out of or in connection with this Agreement that is not resolved by WIPAY’s Customer Service Manager or the dispute resolution process shall resolved by arbitration by a single arbitrator to be appointed by agreement between you and WIPAY. Such Arbitration may be initiated by either party upon the conclusion of the dispute resolution process. No arbitration may be initiated by you more than 60 days after the conclusion of the dispute resolution process. The determination of the arbitrator shall be final, conclusive and binding upon you and WIPAY.Each party waives its rights to a trial by jury of all claims related to this Agreement. All claims between the parties related to this Agreement will be arbitrated individually and the parties will not consolidate or seek class treatment for any claim.
- INTELLECTUAL PROPERTY All intellectual property rights in the WIPAY Service, including but not limited to trademarks and logos, are the sole property of WIPAY and any unauthorized reproduction, modification, distribution or republication of such materials or intellectual property, without the express prior written consent of WIPAY is strictly prohibited.
- FORCE MAJEURE WIPAY shall not be liable to you for any delay or failure to perform its obligations under this Agreement as a result of civil disorders, strikes, labor disputes, equipment or system availability delay or failure, fires, floods, acts of God, government or regulatory intervention, or without limiting the foregoing, any other causes not within WIPAY’s control.
- This Agreement (including any policies or schedules referenced to herein) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces any and all prior terms whether made orally or reduced to writing. WIPAY may amend, update or replace these terms and conditions of this Agreement or policies affecting your usage of the WIPAY Services from time to time and your continued use of the WIPAY Services shall be deemed to be your acceptance of all such varied terms and conditions or policies.