Terms & Conditions

Disclaimer

Any Customer who elects to make payments for New African Territories services by credit card online will be asked by the Online Payment Service Provider (PayGate Gateway Limited) to furnish his/her personal information, including credit card number, expiry date and payment amount, etc. New African Territories Limited has no access to, and has no record of, any of such information which is transmitted electronically and directly to the Online Payment Service Provider. New African territories does not warrant the confidentiality or security of such information, whether personal or otherwise, when it is transmitted to the Online Payment Service Provider (although New African Terriroties will take reasonable steps to maintain confidentiality and security). New African Terriroties shall under no circumstances be liable whether in contract, tort, statute or otherwise for any special, direct, indirect or consequential loss or damage which is suffered, sustained or incurred by the Customer arising (directly or indirectly) from or out of or relating to payments by credit card online.

Terms and Conditions

This Terms of Service is a legal agreement between you and PayGate that governs your access to and use of the service as a purchaser of merchandise, goods, or services. Please review this entire Terms of Service before you decide whether to accept it and continue with the payment process.

Definitions The following defined terms appear in this Terms of Service.

1. “You”, “you” or “Buyer”: A Customer that applies to, or registers to use, or uses, the Service to make Payment Transactions.
2. Client: A person or institution that registers with the Service as a Buyer.
3. Merchant: A person or Institution that uses the Service to process Payment Transactions from Buyers.
4. Payment Instrument: The mobile payment option that is registered by a Customer with the Service or credit card or debit card to facilitate the processing of Payment Transactions.
5. Payment Transaction: The processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer’s Payment Instrument and the crediting of funds to a Seller.
6. Product: Any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.
7. Purchase Amount: The amount of a Payment Transaction to pay for a Product or service, and any related fees, taxes or shipping charges, as applicable.
8. Service: The PayGate service, described in this Terms of Service, that facilitates the processing of Payment Transactions on behalf of a Seller.
9. “We”, or “us”: PayGate.

Requirements for Payment

In order to use the Service, you hereby consent to provide and agree to complete all required information elements on the Service registration or payment web pages. You must register a valid mobile payment option as a Payment Instrument or use a Credit Card to make Payment Transactions and other obligations arising from your use of the Service. 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 the Service, or to assist in determining whether to permit you to continue to use the Service.
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 Buyers, you represent that you are:

1. 18 years old or older; and
2. Capable of entering into a legally binding agreement.
3. Is the legal holder/guardian of the said payment instrument

Payment Transaction Processing

The Service facilitates the processing of Payment Transactions to complete a payment for a purchase between a Client and Merchant. The Service will store information from Clients, such as their Payment Instruments, and will process Payment Transactions on behalf of Merchants. Payment processing maybe delayed due to suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Clients, or other applicable PayGate policies, as determined in PayGate’s sole and absolute discretion. Client authorizes the charge or debit to Payment Instrument as necessary to complete processing of a Payment Transaction. .
You acknowledge and agree that your purchases of Products are transactions between you and the Merchant, and not with PayGate.

Limitations on the Use of Service

We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We do not warrant that the functions contained in the Service 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 the Service).

We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail and/or SMS. Username and Password Information You are responsible for: 1) maintaining the confidentiality of your username and password, 2) any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.

Privacy

You understand and agree that personal information provided to us in connection with the Service is subject to the Service’s Privacy Policy

Disputes

PayGate will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Client and Merchants with respect to their transaction. If Clients are unable to resolve a dispute, we can mediate disputes between Clients and Merchants if either party requests assistance.

PayGate Not a Banking Institution

PayGate processes Payment Transactions on behalf of Sellers. PayGate is not a bank or other chartered depository institution.

Termination of Service

We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.

Limitations of Liability; Force Majeure

PayGate shall not be liable to the Client in the event of any disruption of the Service or the Payment Platform or any part thereof resulting from Force Majeure and PayGate may suspend the Service 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 PayGate 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 the Service caused by disruption or suspension of the telecommunication facilities.

Jurisdiction; Governing Law

This Terms of Service shall be governed in all aspects in accordance with the Laws of Kenya and a court of complete jurisdiction in Kenya shall determine every claim or dispute arising out of or in connection with this Terms of Service.

Modification of Terms of Service

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 PayGate’s 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 the Service.