SAWA PAY REMITTANCE SERVICES AGREEMENT
THIS REMITTANCE SERVICES AGREEMENT (“AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH FIRST CHOICE GLOBAL (“FCG”) WILL PROVIDE THE SAWAPAY REMITTANCE APPLICATION TO YOU UPON YOUR REQUEST. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY ACCESSING AND USING THE SAWAPAY APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.
The act of registration and the use of the SawaPay Application means that you agree to accept and be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement set forth below, do not access this application. Please note that by downloading the Application it will be deemed that you have read and understood this Agreement and that you agree to accept and abide by this Agreement.
First Choice Global may in its sole discretion modify this Agreement from time to time without any prior notice to you. Unless otherwise specified by FCG, all modifications shall take effect automatically and shall become part of this Agreement and be binding on you beginning on the day they are posted on the application. By continuing to access or use the SawaPay Application, you will be deemed to have agreed to accept and be bound by any modifications to this Agreement.
1. Definitions in this Agreement.
“You” and “your” refer to the person who accepts and agrees to the terms and conditions of this Agreement.
“SawaPay”, “we” and “us” refer to First Choice Global. SawaPay is the name of the mobile application.
“SawaPay Application” means the service whereby you may request the delivery of a remittance payment to the Beneficiary in the country of the Beneficiary.
“Beneficiary” refers to the person that you designate to receive the funds from the remittance payment.
“Payment Account” means the debit or prepaid card account or bank account (or such other account that FCG agrees to accept from time to time for use hereunder and that you authorize FCG to charge) that you provide to FCG for FCG to charge for payment for your use of the SawaPay Application. The Payment Account must be issued or held in your name at a U.S. depository institution.
“Remittance Payment” means the payment of funds that you request and authorize through the SawaPay Application to process and deliver to the Beneficiary.
“Agreement” means this agreement including all subsequent amendments.
“Business Days” means a day (other than a Saturday or Sunday) on which banks in Kenya are open for business (other than for the sole purpose of 24-hour electronic banking).
“Send Money” has the meaning given in section 4.1.1.
“Pay Bill” has the meaning given in section 4.1.2.
“Days” means calendar days.
“Force Majeure” means events or causes including, but not limited to, the following: an act of God, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation or any damage of FCG’s machinery or systems, unless occurring as a result of an act, omission, default or negligence of you or FCG.
“Payment Order” means an instruction validly made by you to us requesting the execution of a payment transaction.
“FCG”, “we”, “us” or “our” means FCG Ltd. with registered head office at Sky Park Towers, Waiyaki Way Westlands, and Nairobi, Kenya includes its successors and any person to whom it has assigned it rights under this Agreement.
“FCG website(s)” means any URL, such as sawa-pay.com and firstchoicegl.com, owned and operated by FCG that we use to provide the Services to you.
“Policy” or “Policies” means any Policy or other agreement between you and FCG that you entered into on the FCG website(s), or Mobile Application or in connection with your use of the Services.
“Services” means all payment services and related products available through the FCG website(s) or Mobile Application.
“Verified” means that you have completed our verification process in order to help establish your identity with FCG.
2. FCG is only a Payment Service Provider.
FCG Services are operated by FCG Ltd. registered in Kenya with its registered office at Sky Park Towers, Waiyaki Way Westlands. The main business for FCG is money transfer and provision of services for making foreign currency payments internationally. FCG has partnered with CoinX in the provision of this services. www.coinx.com
3. Scope of Agreement.
3.1. This Agreement applies to the remittance payments that you request through the SawaPay Application. FCG is only responsible for processing remittance payments that you request and authorize through the SawaPay Application.
4. Registration Information
4.1. You will be required to provide certain information that identifies each person who seeks to register to use the SawaPay Application or who requests a Remittance Payment, such as your name, address, date of birth, last four digits of your social security number and other information that will allow us to identify you. You agree to provide complete and accurate information in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.
4.2. Use of the SawaPay Application is granted subject to our ability to verify your identity. If you do not provide accurate and complete information during registration or when requesting a Remittance Payment, we have the right to prohibit you from using the SawaPay Application or decline to process the request. In addition, if you do not provide accurate and complete information during registration or when requesting a Remittance Payment, you may cause errors in your requested remittance payment.
4.3. You authorize FCG to request a credit report on you and/or to obtain information from other third parties and financial institutions regarding you, the Beneficiary, or the Payment Account. The home address that you provide when registering must be the same as the billing address for your debit card or prepaid card. FCG may seek to verify your registration information and any other information in connection with a request for a Remittance Payment, but is under no obligation to do so. You acknowledge that FCG is relying upon the information you provide.
4.4. Each time you access the SawaPay Application, you shall be deemed to have confirmed the accuracy and completeness of all registration information.
5. Description of the SawaPay Application.
5.1. The SawaPay Application may only be used to send Remittance Payments to a Beneficiary located in any permissible beneficiary country designated on the SawaPay Application from time to time. FCG and FCG-designated service providers will process the remittance payment and make funds available for receipt by the designated Beneficiary as described below. You must be at least eighteen (18) years of age and a resident of the United States in order to use the SawaPay Application. The application allows customers to:
5.1.1. Send Money – where you require FCG to send money to recipient in their local currency can be delivered directly to mobile money account or bank account.
5.1.2. Pay Bill – where you require FCG to settle bills for various utilities including but not limited to Schools, Hospitals, Mortgages, Real Estate Companies
5.1.3. Airtime Purchase – FCG will purchase airtime from selected mobile operators in the recipient country to and send to the particular number as input by the customer.
5.2. Use of the SawaPay Application does not establish a checking account or any other form of a bank account for you or the Beneficiary with FCG or any of its distribution agents. The SawaPay Application does not constitute or create a fiduciary or escrow capacity between you and FCG.
6. Authority to Charge Payment Account; Fees and Expenses.
6.1. You agree to pay for the amount of the Remittance Payment and FCG’s transaction and currency conversion service fees and other charges for each Remittance Payment initiated or requested under the SawaPay Application. By requesting a Remittance Payment through the SawaPay Application, you authorize FCG to charge your Payment Account for the amount of the requested Remittance Payment and applicable service fees, if any. You understand and acknowledge that FCG has no obligation to process or complete a requested Remittance Payment if FCG is unable for any reason to obtain authorization or settlement of the funds from charging your Payment Account for the amount of the requested remittance payment.
6.2. In the event that the charge to your Payment Account is subsequently returned, charged-back or canceled for any reason, and FCG has already processed your Remittance Payment request, you will be responsible to FCG for the amount of the Remittance Payment. You agree to pay such amount, plus any applicable service fee or non-sufficient funds (NSF) fee charged to FCG as a result of the return, to FCG immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts.
6.3. You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your debit card when you use such a card for a remittance payment. You should review your card agreement regarding such potential fees.
7. Reliance by FCG.
You represent and warrant that all information that you enter regarding the Remittance Payment is true and complete. When processing a Remittance Payment, FCG may rely on the registration information and remittance payment request information that you provide. You acknowledge that any errors in the information, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility and that FCG shall have no liability for executing a Remittance Payment based upon the inaccurate or incomplete information you provided or entered.
8. Execution of a Remittance Payment Request.
The FCG mobile application is available 24 hours a day, 7 days a week, 365 days a year. Generally, your designated recipient is paid out instantly through the FCG mobile or web application. If ever there is a situation where your transaction is not delivered instantly to the designated recipient, we will contact you and keep you informed about the delay.
9. Payment of Funds to Receiver
9.1. FCG and/or FCG designated service providers will arrange for the delivery of the Remittance Payment to the designated Beneficiary in the country of the Beneficiary. FCG reserves the right to select the form of payment to the Beneficiary. FCG and/or FCG designated service providers will use reasonable efforts to provide payment in a form requested, but the SawaPay Application is not obligated to provide payment options for a specific Remittance Payment. Depending on the situation and the availability of various payment options, payment may be made by means of a credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account or by some other payment instrument. Not all payment methods are available in all countries, and FCG reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Remittance Payment funds may be returned to you either by a credit to your Payment Account or by check payment, at FCG’s option.
9.2. FCG reserves the right to establish identification and verification requirements for a Beneficiary to receive the funds from a Remittance Payment. FCG may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Remittance Payment, when making a payment of funds to the Beneficiary. You agree and acknowledge that FCG has the right to decline to deliver the payment to the Beneficiary if FCG cannot verify the identity of the Beneficiary. Although FCG has the right to establish identification and verification requirements and the Beneficiary’s failure to comply with them is a basis to decline the delivery of the Remittance Payment, FCG has no obligation to establish any such requirements.
10. Currency of Remittance Payment.
10.1. Remittance Payments to Beneficiaries are generally made in the currency of the country within which the Beneficiary is located. If permitted by applicable law and the SawaPay Application, a Remittance Payment may be requested in U.S. Dollars.
10.2. If conversion is required, FCG and/or FCG-designated service providers will convert a U.S. dollar Remittance Payment to the local currency at the exchange rate for a transfer in that amount in effect at the time the Remittance Payment is placed in the system. Regardless of the currency transferred, the actual amount that the Beneficiary receives may be reduced by charges imposed by FCG, for converting the US Dollar payment to the local currency, or by other intermediary banks, including a service fee for currency conversion that the local bank in the destination country or the bank of the Beneficiary may charge. The fees for this currency conversion may vary. The actual Foreign Exchange rate charged and the amount of the fee, if any, will be disclosed to you by FCG before you request the Remittance Payment.
11. Permissible Remittance Payments.
You acknowledge that the SawaPay Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to local law or regulation. You agree that you will only request a Remittance Payment that complies with this Agreement, applicable United States federal and state law, and applicable law in the country of the Beneficiary. You may only use the SawaPay Application to send Remittance Payments on your own behalf. You may not resell the SawaPay Application or use the SawaPay Application to make Remittance Payments on behalf of, or as agent for, another person. You agree that you will not request a Remittance Payment that would result in a violation of the laws or regulations of the United States, including without limitation, the economic sanctions administered by the U.S. Treasury Office of Foreign Assets Control and the U.S. anti-money laundering laws. You agree that you will provide information that FCG may request from time to time regarding your identity or the identity of the Beneficiary in order for FCG to comply with any applicable laws, including anti-money laundering laws. FCG may provide information regarding you, the Beneficiary and your use of the SawaPay Application to government authorities.
12. Rejection of Remittance Payment Request.
12.1. FCG has the right to reject your request for a Remittance Payment, or decline to complete a request for a Remittance Payment or impose a dollar limitation on your Remittance Payment, without cause or prior notice to you. Without limiting the foregoing, FCG may suspend, delay or reject your Remittance Payment request:
(a) if the dollar value of one or more of your remittance payment requests exceed any transfer limits established for the SawaPay Application;
(b) if FCG is unable to charge your Payment Account for the amount of the requested remittance payment and related fees;
(c) if your request is incomplete or unclear;
(d) if FCG is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary;
(e) if FCG has some suspicion of fraud or irregularity or illegality;
(f) if FCG and/or FCG-designated service providers are unable to fulfill your request for any reason; or
(g) for any other reason that FCG in its sole discretion deems appropriate or necessary.
12.2. You understand and agree that if your request for a remittance payment is rejected for any reason, you will be informed of the rejection during your next online session, by an SMS – text message or electronic mail, or by any other reasonable means of notice.
12.3. You agree that if FCG declines to complete a request for a Remittance Payment for any of the reasons set forth in Section 11.1 above, FCG has the right to be reimbursed for any costs or expenses and has the right to retain any authorized fees it may have imposed in connection with the requested Remittance Payment.
13. Returns Due To Remitter Mistake.
If FCG is unable to complete disbursement of the Remittance Payment to the Beneficiary because you provided incorrect information about the Beneficiary, such as an incorrect telephone number, an incorrect or misspelled name, an incorrect or misspelled address, the wrong bank or bank account or any other misinformation, you will be liable for any costs, fees, expenses and losses that FCG incurs in returning the Remittance Payment to you, such as processing costs, losses arising due to exchange rate fluctuations, service charges and exchange commissions.
14. Delays or Non-Execution of Remittance Payment Request.
You agree that FCG shall not be responsible for any delay, failure to execute, or an error in the execution of your Remittance Payment request due to circumstances beyond FCG’s reasonable control, whether caused by strikes, power failures, equipment malfunctions, acts or omissions of any intermediary bank, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances. You further agree that that FCG may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system. THE SAWAPAY APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. FCG MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SAWAPAY APPLICATION. FCG DOES NOT WARRANT THE FUNCTIONALITY OF THE SAWAPAY APPLICATION OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON-FUNCTIONALITY OF THE SAWAPAY APPLICATION OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE SAWAPAY APPLICATION.
15. Error Resolution and Cancellation Policy
For error resolution, transaction cancellation, questions, complaints or a written explanation of your rights, contact us at firstname.lastname@example.org
You have a right to dispute errors in your transaction. There is no charge for this service. If you think there is an error, contact us within 180 days and provide your name, contact information, the recipient’s name, date of transfer, as well as why you believe there has been an error. FCG will determine whether an error occurred and will reply to you within 8 weeks (56 days). If FCG was at fault, you will be entitled to a full refund or to have the transfer resent free of charge. If no error occurred or FCG was not at fault, you will receive a written notice including the information that FCG relied on to make that determination.
Generally, because your designated recipient is paid immediately upon processing your remittance transaction, cancellation of that remittance transaction and/or a refund of a previously requested Remittance Payment will not be processed and FCG is under no obligation to honor such a request. If, for some unforeseen reason, your designated recipient was not paid, you can contact us and cancel for a full refund within 30 minutes of payment.
FCG shall not be liable to you for any loss resulting from FCG’s inability to cancel or refund a Remittance Payment. If FCG determines to refund Remittance Payment funds to you, these funds may be returned to you either by a credit to your Payment Account or by check payment, at FCG’s option.
16. Limitation of Liability.
16.1. FCG will use commercially reasonable efforts to complete the Remittance Payment to the designated Beneficiary pursuant to your instructions. If the Remittance Payment is delayed or erroneously executed as a result of FCG’s error or negligence, FCG’s sole obligation to you is to correct the error or to refund the amount of the requested Remittance Payment and applicable FCG fees and charges.
16.2. FCG’s liability is limited to, and can never exceed, the amount of the Remittance Payment and applicable FCG fees and charges, irrespective of the circumstances or the reasons for your loss. IN NO EVENT SHALL FCG BE RESPONSIBLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH A REMITTANCE PAYMENT OR THE SAWAPAY APPLICATION EVEN IF FCG OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
16.3. The foregoing shall constitute your exclusive remedy under or in connection with this Agreement and the SawaPay Application. You agree that the foregoing limitation is a reasonable limitation on your remedy under the circumstances of this Agreement and the SawaPay Application.
In consideration of the agreement by FCG to provide you with the SawaPay Application, you agree to indemnify and hold FCG harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses – including reasonable attorney’s fees – in connection with or arising out of (i) your use of the SawaPay Application, (ii) your breach of this Agreement, or (iii) FCG acting upon your request for a remittance payment pursuant to this Agreement. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify FCG for any losses caused due to any inaccurate, non- current or incomplete information that you provided to FCG and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs and passwords and due to the unauthorized use of your ID and/or password.
18. Arbitration of Disputes.
You understand and agree that FCG may require any dispute arising from your use of the SawaPay Application be resolved by binding arbitration. FCG may designate an arbitrator or arbitration panel located in Nairobi, in The Republic of Kenya. Decisions of any arbitration process shall be binding on you.
FCG reserves the right to change the terms and conditions contained in this Agreement, which may include adding to them or deleting certain provisions entirely or partially, without prior notice to you, unless otherwise required by law. If we choose to notify you or are required by law to notify you of changes to this Agreement, we may mail or deliver a notice, or an electronic message to you at the last telephone number or address we have on file for you. Certain fees may change without notice to you.
20. Electronic Communications
In order to use the SawaPay Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the SawaPay Application by means of electronic (SMS-text message or email) communications. In the event any change to this Agreement requires prior notice to you, FCG will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the SawaPay Application, or the amended Agreement or will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. A record of each remittance payment will be made available to you by FCG electronically on the SawaPay Application. You acknowledge and agree that in order to use the SawaPay Application you must have an Android device or iPhone or a monitor and computer equipped with at least: an Internet browser compatible to the SawaPay Application OS. You agree that if you remove your consent to receive electronic communications, FCG will terminate your use of the SawaPay Application. You further acknowledge and agree that all SMS- text message and email notices sent to you regarding the status of remittance payment request are only service messages, and will not be considered an official record of FCG with respect to the remittance payment requested through the SawaPay Application. In the event of a conflict, the official records of the FCG will control over any service messages.
21. Governing Law.
The provision of the Service and any dispute or claim arising out of the provision of the Service is governed by Kenyan law.
Any dispute or claim arising out of or in connection with the Service will be subject to the non-exclusive jurisdiction of the courts of the Republic of Kenya.
22.1. Information Collection and Use
We collect “Non-Personal Information” and “Personal Information.” to provide and measure use of our Services and improve them over time.
Information Generated During Use of the Services. Our services are designed to enable you to send money. As such, we may collect additional personal information from you in order to facilitate transactions and comply with the law.
Information collected via Technology. In an effort to improve the quality of the Services, we track information provided to us by your browser or by our Services when you use the Services, such as the website you came from, the type of browser you use, how you interact with links across our Services, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. We collect this data to help improve our Services, including advertising, and to be able to share aggregate statistics.
Information Collected by Third Party Services. FCG uses a variety of services hosted by third parties to help provide our Services and to help us understand the use of our Services, such as Google Analytics. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.
22.2. Information Sharing and Disclosure
FCG will only disclose your private information in the limited circumstances described below.
Your Consent. We may share or disclose your information with your consent, such as when you use a third party web application to access your account on our Services.
Law. We may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect FCG’s rights or property.
Business Transfers. If FCG, or substantially all of our assets were acquired, or in the unlikely event that FCG goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of FCG may continue to use your personal information as set forth in this policy.
Non-Private or Non-Personal Information. We may share or disclose your non-private, aggregated or otherwise non-personal information, such as the number of users who clicked on a particular link.
Modifying Your Personal Information. If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account.
Policy towards Children. FCG’s services are not directed to people under 15. We do not knowingly collect personal information from children under 15. If we become aware that a child under 15 has provided us with personal information, we remove such information and terminate the child’s account.
23. Agreement to Terms and Conditions.
By signing up for the SawaPay Application, you acknowledge that you have read, understood, accept and agree to the terms and conditions of this Agreement. You also confirm that you are able to print or download a copy of this Agreement.