The OPay service, website and/or software application (collectively, the “Service”) enables you to use your supported mobile money account or credit card to pay for products and services offered by third parties (“Products”). These Products may include pre-paid electricity or water provided by local utilities, pre-paid airtime offered by mobile telecommunications companies, or other selected digital services offered by merchants. You may also use the Service to facilitate the transfer of credit from your mobile money account to the account of another user, or receive credit from other users. The Service is operated by O-Play Kenya Limited and its affiliates (“OPay”), subject to these Terms of Service (“Terms”).
Terms of Service
1. This is a contract.These Terms constitute a contract between you and OPay. You may not use the Service if you do not accept these Terms. By using any part of the Service you accept these Terms. If you are under sixteen (16) years of age, or at least sixteen (16) years of age but a minor where you live, you may not use the Service.
2. You must register an account with valid information.To use the Service you must: (a) provide a valid mobile phone number; (b) agree to the creation of an account associated with such number; (c) accept the present Terms; and (d) submit such other and additional information as OPay may request. You agree to provide true, accurate and complete information about yourself as prompted by OPay during the account registration process. You will be given the option of receiving a unique PIN for purposes of reusing your account. You are responsible for keeping your PIN secure.
3. Third party merchants offer the goods & services.The Service provides you with a method of discovering offers from independent third party merchants (“Merchants”). These Merchants sell their respective Products subject to their own terms and conditions. If you decide to purchase Products from Merchants, you do so at your own risk and subject to the relevant Merchant’s terms and conditions. The Products are not investigated, monitored, or checked for accuracy, reliability, appropriateness or completeness by OPay. By permitting you to discover Products via the Service, OPay does not imply approval or endorsement of such Products. You agree that OPay is not responsible or liable for the Products you purchase from Merchants.
4. Payments are processed by third parties.In order to facilitate your purchases from Merchants, OPay has integrated its Service with the billing solutions of certain mobile money providers and credit card issuing banks (“Payment Processors”). If you purchase a Product from a Merchant using your supported mobile money account or credit card, payments will be processed by such Payment Processors. Payment Processors have their own terms and conditions governing your use of their payment services. You understand and agree that OPay does not process payments and is not responsible or liable for any transactions in which you engage. By engaging in a purchase transaction using your mobile money account or credit card, you authorize the Merchant (or OPay on its behalf) to bill your account or card for the purchase amount.
6. Product inquiries should be submitted to the relevant Merchant.If you have any questions, concerns or requests related to a Product you have purchased from a Merchant, you should contact the Merchant directly. Each Merchant maintains its own customer contact desk for handling such requests. If you wish to submit a complaint about the practices of a Merchant offering its Products via the Service, you may contact us by email at email@example.com.
7. You must not use the Service to violate any laws.You must not use the Service to violate or infringe the rights of any other person, including the rights of other users, OPay’s rights in the Service or Merchants’ rights in their Products. You must not breach any laws or regulations when using the Service or attempt to disrupt or interfere with the security or functionality of the Service.
8. OPay may contact you regarding your account or the Service.You expressly agree that, as part of the Service, you may, from time to time, receive communications from OPay via email, instant message, telephone, text message (SMS) or other means. You may stop receiving promotional messages by emailing your request to opt-out, along with your cell phone number, to firstname.lastname@example.org, or following the opt-out instructions in the message. Even if you choose to opt out of receiving promotional messages, you may not opt out of receiving service-related messages.
9. OPay may discontinue the Service.OPay may in its sole discretion and at any time terminate your access to the Service or discontinue providing the Service or any part of the Service, with or without notice. You agree that OPay will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.
10. The Service is provided without any warranties or guarantees.THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. O-PAY AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
11. OPay is not liable for any damages you may incur as a result of using the Services.IN NO EVENT SHALL O-PAY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF O-PAY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. This contract is based on Kenyan law.These Terms are subject to, and shall be governed by, and construed in accordance with the laws of the Republic of Kenya, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of these Terms shall be submitted to arbitration in the English language before a sole arbitrator to take place in Nairobi, Kenya as the seat of the arbitration. The arbitration shall be conducted pursuant to the Rules of Arbitration of the Chartered Institute of Arbitration (Kenya Chapter). The arbitrator shall be appointed by agreement between the parties or in default of such agreement within sixty (60) days of the notification of a dispute, by the Chairman of the aforementioned arbitral body. To the extent permitted by applicable law, the arbitral decision shall be final and binding on the parties