TERMS OF SERVICE
Last updated: 22nd March 2021
This website is operated by MOOKH AFRICA LTD. Throughout the site, the terms “we”, “us” and “our” refer to MOOKHPAY.
MOOKHPAY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. DEFINTION OF TERMS
The following defined terms appear in this Terms of Service:
a). “You” or Merchant
An individual, organization or company that applies to, or registers to use, or uses the MOOKHPAY platform to sell and have payments processed by MOOKHPAY for their customers.
b). Customer or Buyer
A person that makes purchases using MOOKHPAY.
The payment platform that allows merchants to collect payments from their customers using the available payment options.
d). Payment Transaction
The processing of a payment through MOOKHPAY that results in the debiting or charging of the Purchase Amount to a customer and the subsequent crediting of funds to a merchant less the transaction fees.
e). Transaction Fees
The levy charged to the merchant for any payment run through the MOOKHPAY platform.
Any merchandise, good or service that is listed for sale by a merchant that a customer may pay for using MOOKHPAY.
g). Purchase Amount
The amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
h). “We” or "Us"
Relates to MOOKHPAY.
i). MOOKHPAY Page
Merchant website with installed MOOKHPAY payment processing.
j). MOOKHPAY Accoun
Merchants virtual payment account on MOOKHPAY through which they are able to view payments collected.
2. REQUIREMENTS FOR REGISTRATION
In order to use MOOKHPAY, you hereby consent to provide and agree to complete all required KYC’s and information elements on MOOKHPAY registration web pages. You must register a valid bank account and M-PESA enabled number to receive settlements from MOOKHPAY. You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of MOOKHPAY, or to assist in determining whether to permit you to continue to use MOOKHPAY. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for Merchants, you represent that you are:
- 18 years old or older;
- and Capable of entering into a legally binding agreement.
3. PAYMENT PROCESSING
MOOKHPAY allows merchants to process payment transactions through multiple payment options.
MOOKHPAY will store information from Customers, such as their Payment Instruments, and will process Payment Transactions on behalf of Merchants.
We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Merchants, or other applicable MOOKHPAY policies, as determined in MOOKHPAY’s sole and absolute discretion.
Merchant authorizes MOOKHPAY to charge or debit to Merchants MOOKHPAY account the necessary charge necessary to complete processing of a Payment Transaction by a Customer. Merchant also authorizes the crediting to Merchants MOOKHPAY account in connection with reversals, refunds, or adjustments through MOOKHPAY.
You acknowledge and agree that your transactions are between you and the Customer, and not with MOOKHPAY.
MOOKHPAY is not a party to Merchants purchase of Products, and MOOKHPAY is not a Merchant or a Customer in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a MOOKHPAY Web Site www.MOOKHPAY.com.
You agree to protect MOOKHPAY from any fraudulent activity and ensure Customer security.
4. LIMITATION ON THE USE OF SERVICE
We reserve the right to change, suspend or discontinue any aspect of MOOKHPAY at any time, including hours of operation or availability of MOOKHPAY or any MOOKHPAY feature, without notice and without liability. We also reserve the right to impose limits on certain MOOKHPAY features or restrict access to parts or all of MOOKHPAY without notice and without liability.
We do not warrant that the functions contained in MOOKHPAY will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or MOOKHPAY).
We may limit or suspend your use of MOOKHPAY at any time, in our sole and absolute discretion. If we suspend your use of MOOKHPAY, we will attempt to notify you by your registered electronic mail in your MOOKHPAY account.
5. MOOKHPAY ACCOUNT INFORMATION
- Maintaining the confidentiality of your MOOKHPAY Account.
- Any and all transactions by persons that you give access to or that otherwise use your MOOKHPAY account.
- Any and all consequences of use or misuse of your MOOKHPAY account.
- You agree to notify us immediately of any unauthorized use of your MOOKHPAY account or any other breach of security regarding MOOKHPAY of which you have knowledge.
6. PRIVACY AND DATA PROTECTION
- You are established in the European Economic Area (EEA).
- You provide goods or services to customers in the EEA.
- You are otherwise subject to the requirements of the EU General Data Protection Regulation.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8.ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time but we shall inform you of any substantial changes that may affect your personal information.
9. SERVICE FEES
We may charge a fee to integrate MOOKHPAY on your website. MOOKHPAY commission is applicable only when a transaction is processed using any of our payment methods. There is a NO REFUND policy on our fee after transactions are completed using MOOKHPAY.
10. REFUND POLICY
As a buyer, we are fully committed to ensuring that you are able to use MOOKHPAY safely and confidently. Should you require a refund for your purchase, kindly get in touch with the merchant you are purchasing from to request a refund.
Should that not yield any results you can reach out to us on email@example.com and we will follow up with the merchant regarding your refund request. All refund requests must first be approved by the merchant.
MOOKHPAY will provide various tools to assist Merchants and Customers in communicating with each other to resolve a dispute that may arise with respect to their transaction.
If Merchant and Customers are unable to resolve a dispute, we can mediate disputes between them if either party requests assistance.
12. MOOKHPAY IS NOT A BANKING INSTITUTION
MOOKHPAY processes Payment Transactions on behalf of Merchants. MOOKHPAY is not a bank or other chartered depository institution.
13. TERMINATION OF SERVICE
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of MOOKHPAY for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of MOOKHPAY, you remain liable for all Payment Transactions and any other obligations you have incurred.
Upon termination, we have the right to prohibit your access to MOOKHPAY, including without limitation by deactivating your MOOKHPAY account and to refuse future access to MOOKHPAY by you.
14. NO ENDORSEMENT OF PRODUCTS
MOOKHPAY does not represent or endorse, and shall not be responsible for:
- The safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through MOOKHPAY.
- The ability of Customers to buy Products or Merchants to deliver Products. MOOKHPAY hereby disclaims any liability or responsibility for errors or omissions in any Content or in MOOKHPAY.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kenya.
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or simultaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any confusion as to the meaning of these Terms of Service shall not be used against MOOKHPAY.
18. LIMITATIONS OF LIABILITY; FORCE MAJEURE
MOOKHPAY shall not be liable to the Buyer in the event of any disruption of MOOKHPAY or the Payment Platform or any part thereof resulting from Force Majeure and MOOKHPAY may suspend MOOKHPAY or part thereof in such an event.
Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for MOOKHPAY to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of MOOKHPAY caused by disruption or suspension of the telecommunication facilities.
19. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate any international, National regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
- To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose or to interfere with the security features of the Service or any related website, other websites, or the Internet..
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
20. MODIFICATIONS OF TERMS OF SERVICE FOR BUYERS
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on MOOKHPAY Web Site or otherwise communicating the notification to you.
The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of MOOKHPAY.
21. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org