These Terms of Service (“Terms”) govern your access to and use of the Wapi Pay mobile
application, website, and related services (collectively, the “Services”) offered by
Wapi Pay and its affiliates, agents, and partners (“Wapi Pay,” “we,” “us,” or “our”).
By creating an account, checking the acceptance box at registration or login, or
otherwise using the Services, you agree to these Terms. If you do not agree, do not use
the Services.
Definitions
- “Account” means your Wapi Pay profile registered with your verified phone number and associated credentials, including PIN and, where enabled, biometric authentication.
- “Beneficiary” or “Recipient” means the person or account you designate to receive funds.
- “Remitter” or “Sender” means the person initiating a transfer of funds.
- “Agent” means an authorized Wapi Pay agent location or channel partner permitted to facilitate transactions.
- “Transaction” means any operation you initiate through the Services, including deposits, withdrawals, transfers, currency conversion, and related enquiries.
Eligibility and registration
- You must be at least 18 years of age and have legal capacity to enter a binding contract.
- You must provide accurate information, including your country of residence and phone number associated with your Wapi Pay Account. You are responsible for keeping your credentials secure and for all activity under your Account.
- We may refuse registration or suspend or close an Account where required by law, risk policy, or if information is incomplete, false, or misleading.
Description of services
Wapi Pay provides digital financial services that may include, depending on your region
and product availability: account funding (“top-up” or “deposit”), sending money to
recipients, receiving money, currency conversion, withdrawals, and related features.
Specific features, limits, and currencies are shown in the app.
Services may be offered through Agents, mobile wallets, bank partners, card networks,
and other channels. Availability of a channel does not guarantee availability in every
country or for every currency pair.
Wapi Pay does not guarantee the delivery of goods or services purchased by you or a
third party using a money transfer; such purchases are at your own risk.
Identity verification and transaction instructions
Transfers are paid to the person or account identified in your instructions, after
verification of identity as required by applicable law and our policies. Verification
may include examination of identification documents and confirmation of details such as
sender name, country of origin, beneficiary name, approximate amount, reference or
control numbers, security questions, and other conditions applicable at the paying
location or partner.
Transaction data is confidential. You must not share transfer details, including
reference numbers or security information, with anyone other than the intended
beneficiary. Wapi Pay and its Agents are not liable if you disclose such information to
a person other than the intended beneficiary.
You are solely responsible for the accuracy of information entered in any “Send Money,”
“Receive Money,” onboarding, or similar forms. Wapi Pay is not liable for losses
arising from incorrect information supplied by you.
Anti-money laundering, sanctions, and financial crime
In line with anti-money laundering (“AML”), counter-terrorist financing (“CTF”), and
sanctions requirements, Wapi Pay screens transactions against lists published by the
United Nations Security Council and competent authorities in countries where we
operate, and against other risk-based lists we maintain or receive from partners.
If a potential match is identified, we may delay, block, or investigate a transaction
and may request additional information. You agree to cooperate with such requests.
The Government of Kenya has enacted anti-money laundering legislation and related
rules. Your use of the Services is subject to compliance with these and other
applicable laws.
Fees, exchange rates, and charges
Fees applicable to your Transaction will be displayed before you confirm it, where the
product design allows. Unless stated otherwise, the sender bears transfer fees.
Additional fees may apply when funds are delivered through certain channels, for
example mobile network operators, banks, or card schemes. Beneficiary-side charges may
be deducted by the receiving institution or Agent.
Currency conversion is applied at the time of the Transaction. Wapi Pay may determine
rates with reference to rates published by the Central Bank of Kenya and other market
sources. Rates fluctuate and may differ from retail or interbank rates quoted
elsewhere.
Taxes or government charges may apply depending on your jurisdiction; you are
responsible for any such amounts unless we are required to collect them on behalf of
authorities.
Transaction limits and refusal of service
Cash payout limits, where cash payout is available, and other limits may apply. For
example, cash collection may be capped, including at amounts equivalent to USD 15,000
or as otherwise stated in the app, and may require supporting documentation of the
purpose of the transfer.
Wapi Pay and its Agents may refuse to accept or pay a transfer without stating a
reason, where permitted by law, for example for compliance, risk, or operational
reasons.
Where we accept non-cash payment methods, including cheques, cards, or other
instruments, neither Wapi Pay nor the Agent is obliged to complete the transfer if the
payment instrument is dishonoured or uncollectible.
Customer fraud and advisory
Customers are advised to protect themselves from fraud by: never approving payments
for strangers or unverified parties; verifying the identity and legitimacy of all
payment recipients; keeping PINs, passwords and authentication credentials confidential
and secure; being suspicious of urgent requests for payment, especially from unknown
parties; reporting any suspicious activity or fraud attempts immediately; reading and
understanding all transaction warnings before proceeding; and staying informed about
common fraud tactics through Wapipay communications.
Social engineering
Wapipay is not responsible nor liable for: (i) fraud or scams perpetrated between
customers through social engineering or deception, provided Wapipay has complied with
all applicable regulations; (ii) losses arising from the customer’s failure to
safeguard their PIN, password or authentication credentials; or (iii) delays caused by
compliance with regulatory requirements, sanctions screening, or enhanced due
diligence procedures.
Wapipay is further not responsible nor liable for any incorrect information submitted
in the “Send Money” form or the “Receive Money” form during onboarding or sending
transitions.
Money transfers shall be paid to the person stipulated in the money transfer
instructions provided by remitter, after verification of identity through examination
of identification documents, including but not limited to name of sender, country of
origin, name of beneficiary, approximate sum, the money transfer control number,
identification test questions and any other conditions or requirements applicable at
the Receiving Agent location. On certain occasions, customers may be required to
provide additional identification or information.
Customers have a responsibility to verify the identity and legitimacy of recipients
before authorising payments. Customers must not share PINs, passwords or approve
unknown or suspicious transactions.
By entering your PIN, password or biometric authentication and authorising a payment,
you confirm that: (i) you have verified the recipient’s identity and legitimacy; (ii)
you authorise the transfer of funds to the specified recipient; (iii) you accept full
responsibility for the transaction; and (iv) you understand that authorised
transactions are generally non-reversible.
The sender’s transaction data is confidential and the sender cannot share such data
with any person other than the indicated beneficiary. In no event shall Wapipay or any
of its agents be liable if the sender communicates transaction data to any person other
than the intended beneficiary.
Wapipay is not responsible nor liable for any incorrect information submitted in the
“Send Money” form or the “Receive Money” form during onboarding or sending
transitions.
Notifications
We may contact you by telephone, SMS, email, or in-app message regarding your
Transactions, Account security, or service updates.
Where offered, SMS notifications may inform you when a beneficiary collects funds or
when funds are available. Message fees from your carrier may apply.
Refunds, delays, and uncollected transfers
If payment to the beneficiary is not completed within thirty (30) days, you may
request a refund of the principal amount; the refund will be calculated at the
exchange rate applicable at the time the refund is processed. Once a refund request has
been approved, the refund shall be processed within seven (7) business days. If you
cancel a transfer at your request, fees may be non-refundable.
Transfers may be delayed due to legal requirements, partner processing times,
verification, or force majeure.
Transfers not collected within one (1) year of the send date may be subject to
administrative charges or handling in line with applicable law and our policies.
Data retention
Personal information relating to Transactions may be retained and processed for
administration, customer service, validation, fraud prevention, AML/CTF, and product
improvement, as described in our Privacy Policy.
Unless a longer period is required by law, we may retain sender information and
transaction history for seven (7) years from the last relevant activity, after which
data may be deleted or anonymized in accordance with our retention schedules.
Consent to disclosure
You consent to Wapi Pay, its officers, employees, correspondents, and Agents
disclosing information regarding you, your beneficiaries, this agreement, and your
transactions to the extent we consider appropriate or as required by law, regulation,
court order, or competent authority, including for investigations relating to money
transfers and connected activity.
Intellectual property
The Wapi Pay name, logos, app design, and content are protected by intellectual
property laws. You may not copy, modify, or misuse them without written permission.
We grant you a limited, revocable, non-exclusive licence to use the Services for
personal, non-commercial purposes in line with these Terms.
Disclaimer and limitation of liability
The Services are provided as available. To the fullest extent permitted by law, Wapi
Pay disclaims warranties of merchantability, fitness for a particular purpose, and
non-infringement.
We are not liable for indirect, consequential, or punitive damages, or for loss of
profit, data, or goodwill, except where such exclusion is prohibited by law.
To the fullest extent permitted by applicable law, our aggregate liability arising out
of these Terms or the Services is subject to applicable law and, where permitted, may
be limited to fees you paid us for the specific Transaction giving rise to the claim.
Nothing in this clause excludes or limits any liability that cannot be excluded or
limited under the Consumer Protection Act 2012 (Kenya) or any other applicable
mandatory law.
Indemnity
You agree to indemnify and hold harmless Wapi Pay and its affiliates, directors,
employees, and Agents from claims, losses, and expenses (including reasonable legal
fees) arising from your breach of these Terms, misuse of the Services, or violation of
law, except to the extent caused by our gross negligence or wilful misconduct.
Suspension and termination
We may suspend or terminate your access to the Services for breach of these Terms,
legal or regulatory requirement, risk concerns, or inactivity policies. You may close
your Account through channels we provide, subject to settlement of pending
Transactions and lawful retention of records.
Changes to the Services and Terms
Wapi Pay may add, modify, or discontinue features, fees, or these Terms. Material
changes will be communicated through the app, website, or other reasonable means.
Continued use after notice constitutes acceptance, except where applicable law
requires explicit consent.
Governing law and dispute resolution
These Terms are governed by the laws of Kenya, without regard to conflict-of-law rules
that would apply another law.
These Terms shall be governed by and construed in accordance with the laws of Kenya.
Subject to applicable law, the courts of Kenya shall have jurisdiction to hear any
disputes arising out of or in connection with these Terms or the Services. This clause
does not limit any rights you may have under mandatory consumer protection laws in your
country of residence, including any rights to bring proceedings in the courts of that
country where such rights cannot be waived.
Before initiating court proceedings, you agree to attempt to resolve disputes by
contacting Wapi Pay customer support using the details published in the app or on our
official website. Wapi Pay will acknowledge your complaint within 2 business days and
endeavour to resolve it within 21 days; if resolution requires more time, we will
notify you in writing with reasons and a revised timeline. If your complaint is not
resolved to your satisfaction, you may escalate to the Central Bank of Kenya or such
other competent regulatory authority as may have jurisdiction.
Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy and any
product-specific terms shown in the app, constitute the entire agreement regarding the
Services.
Severability. If any provision is invalid, the remainder remains in effect.
Assignment. You may not assign your rights under these Terms. We may assign our rights
to an affiliate or successor.
Language. If these Terms are translated, the English version prevails to the extent of
inconsistency, unless local law requires otherwise.
Contact
For questions about these Terms, contact Wapi Pay through the in-app help or support
channels, or at [email protected] (subject to
change; refer to the app for current contact details).
By ticking the acceptance box at registration or login, you confirm that you have
read, understood, and expressly agree to these Terms of Service. If you do not tick the
acceptance box, you may not use the Services.