Terms of use
Tumeny Payments, together with its website Tumenypay.com, proprietary software platform and related services (collectively, the “Website”) is a Zambia-based online mobile payment facilitator that makes it easier for individuals and entities to send and receive mobile payments. These Terms of Use (“Terms”) describe the terms and conditions for using the Website and form a legally binding contract between users of the Website and Tumeny’s operator, Tumeny Payments Ltd. (“Tumeny”, “we” or “us”).
We provide this Website and our services on an independent service provider basis. As a third-party facilitator, we cannot and do not control or assume any liability for the products or services that are paid for with our website. Likewise, we do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.
In addition to these Terms, we have adopted the Tumeny Privacy Policy [https://www.tumenypay.com/privacy-policy] (“Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.
Tumeny may modify the Terms from time to time and each modification will be effective when it is posted on the Website. We will notify you of substantive modifications to these Terms either by email or the first time you access the Website following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Website.
Guidelines and Permitted Use of the Service
Our website and services are not intended for use by children under 18. We do not knowingly transact or provide any services to children under 18.
The services provided through the Website include:
o Individual or entity users can authorize mobile payments
o Authorized payment recipients can receive mobile payments, whether through their individual accounts or through their authorized entity account (for example, an employee can receive a payment through their employer-authorized account)
o Processing refund request on a case-by-case basis in accordance with our dispute process described below
o Our services do not include, and as a result we cannot be for, the following:
o Insufficient funds in a payor’s account.
o The payee’s failure to deliver the services or goods for which we are facilitating payment.
o The goods or services for which we are facilitating payment not being up to the payor’s expectation.
o Failure by the telecommunications companies or banks to facilitate payment processing for any reason, including due to an act of god or other force majeure event.
o The products and service for which we are facilitating payment getting lost / stolen /damaged.
Payments and Refunds
All payments processed or otherwise facilitated on the Website by you shall be compulsorily in Zambia Kwacha (ZMW) acceptable in the Republic of Zambia. The Website will not facilitate transactions with respect to any other form of currency. We can facilitate payment by (i) mobile wallet; (ii) credit card or debit card or net banking; (iii) any other approved payment method at the time of payment. You understand, accept and agree that the payment facility provided by Tumeny is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Tumeny is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
As a payor, you acknowledge and agree that we act as payment agent for the limited purpose of accepting payments from you on behalf of the payee. Upon your payment of amounts to us, which are due to the payee, your payment obligation to the payee is completed, and we are responsible for remitting such amounts to the payee.
We will collect the total amount for the payment requested by you as payor on the Website in accordance with the terms and conditions of these Terms of Use. We will also charge a processing fee in the amount listed on the Website at the time the payment is facilitated. Part of this fee is used to pay our service providers and intermediaries that enable us to provide the Website and services.
As a payor, in connection with your payment request, you may be asked to provide customary billing information such as name, mobile number, email or other billing address and, if applicable, your credit card information. You hereby authorize the collection of such amounts by charging the mobile wallet or credit card provided as part of requesting the payment, or by one of the other payment methods described on the Website. Once your payment transaction is complete you can view confirmation of payment via our website portal.
As a payee, whether requesting payment or simply creating an account to receive scheduled payments, you may also be asked to provide customary account information such as name, mobile number, email or other banking information. We will use this information to facilitate the transfer of payment through your mobile money provider. Once a payment transaction is complete you will receive an alert from your mobile money provider and can also view confirmation of payment via our website portal.
Disputes & Reversal
If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, so we can investigate the issue and take action to help prevent financial loss.
All claims against us related to payments should be made within 7 (seven) days after the date of such payment. You hereby waive all claims against us, to the fullest extent of the law after said seven-day period.
If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment facilitator.
We may intervene in disputes between payors and payees concerning payments but have no obligation to do so.
Your transaction ID and/or transaction details will be required to resolve all disputes.
Communication Policy
You are responsible for ensuring that any personal information you provide is accurate and up to date. We may require creation of a username and password to create an account, if applicable. You should notify Tumeny immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You are solely responsible for all damages or claims that may arise from any access to or use of the Website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
All rights, title and interest in and to the Website and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with us and our licensors and vendors.
· 1. By accepting these Terms the payee or the payor accepts that Tumenypay.com may send alerts to the mobile phone number provided by the payee or payor while registering for the service or to any such number replaced and informed by the payee or payor. The payee or payor acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’’ mode then the payee or payor may not get / get after delay any alerts sent during such period.
· 2. Tumeny will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Tumeny as an alert on the mobile phone number provided during the course of payment processing and Tumeny shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The payee or payor cannot hold Tumeny liable for non-availability of the service or good being paid for in any manner whatsoever, whether due to lack of cell coverage, wireless connectivity or otherwise.
· 3. The payee or payor acknowledges that the SMS service provided by Tumeny is an additional facility provided for the payee or payor’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the payee or payor observes any error in the information provided in the alert, Tumeny shall be immediately informed about the same by the payee or payor and Tumeny will make best possible efforts to rectify the error as early as possible. The payee or payor shall not hold Tumeny liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the payee or payor on account of the SMS facility.
· 4. The payee or payor acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Tumeny shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
· 5. The payee or payor agrees to indemnify and hold harmless Tumeny and the SMS/email service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Tumeny and the SMS/email service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the payee or payor providing incorrect number/address or providing a number/address that belongs to that of an unrelated third party, and/or (iii) the payee or payor receiving any message from the other party relating to the goods or services being paid for.
· 6. By accepting the terms and conditions the payee or payor acknowledges and agrees that Tumeny may call the mobile phone number/or email provided by the payee or payor while registering for the service or to any such number/address replaced and informed by the payee or payor, for the purpose of collecting feedback from the payee or payor regarding the goods and services purchased.
In addition, you agree that you will not use or attempt to use this Website for any purpose other than for the purposes described herein; you may not (and may not allow any third party to) use or attempt to use this Website or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Website for any purpose:
· that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
· that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
· that suggests an express or implied affiliation with Tumeny (without the express written permission of Tumeny) or that impersonates any person or entity including an employee or representative of Tumeny,
· that impairs or limits our ability to operate this Website or any other person’s ability to access and use this Website.
Tumeny reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Website.
Intellectual Property Rights
We or our licensors own and retain all proprietary rights in the Website. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Website, or modify, translate or otherwise create derivative works of any part of the Website. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Tumeny or third parties, and any unauthorized use terminates the permission to use the Website granted by Tumeny.
All content and software included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tumeny or its content/software suppliers and protected by Zambian and international laws.
Miscellaneous
Linking to other Third Party Websites
For your convenience, the Website may provide the opportunity to include third party plug-ins and other integrated third-party services, or links to other products or services offered on other websites or applications. Unless expressly stated otherwise, Tumeny does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content or materials available at or through any websites, applications or plug-ins to which the Website may provide a link. By using the Website you acknowledge and agree that Tumeny will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content or materials.
Indemnification
You agree to indemnify and hold Tumeny, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Website, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Website.
Disclaimer & Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, TUMENY MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. TUMENY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE DELIVERABLES.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL TUMENY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
Tumeny may terminate or suspend your access to all or part of the Website, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.
Jurisdiction & Severability
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of Zambia. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Lusaka, Zambia.
These Terms are not assignable, transferable, or sublicensable by you except with Tumeny’s prior written consent. Tumeny may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Tumeny concerning your use of the Website.
How To Contact Us
Should you have any questions or complaints regarding violations of these Terms, please contact us at info@tumenypay.com
Last Updated: June 5, 2024