a) "linked card or bank card" refers to a Visa® or MasterCard® debit (ATM), credit or prepaid, credit card issued by a bank;
b) "linked mobile money wallet or mobile banking" refers to a mobile money wallet issued by M-pesa, Equitel or mobile banking;
c) "card issuer" refers to the issuer and owner of a bank card;
d) " Customer" refers to the person who initiates a transaction by using the Tupay Service;
e) "transaction" refers to each payment, that you initiate under the Tupay Service;
2.1 We may make changes to these Terms over time, so please come back and review them.
2.2 As our services and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, modify or remove features from our services (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
2.3 Where we consider that any changes to these Terms or our services are reasonably material, we will (where reasonably practicable) notify you (via our website, direct communication to you, or other means), prior to the change becoming effective.
2.4 By continuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be bound by these revised Terms.
3.1 To be eligible to use the Tupay Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction.
3.2 You agree that, by registering for Tupay, Tupay may send an SMS or notification to your nominated mobile phone number. Tupay is not liable for any loss or damage you suffer as a result of any person other than you accessing those SMS or notifications. Similarly, if you are the card holder, and an additional cardholder registers for Tupay using your nominated phone number, Tupay will not be liable for any loss or damage you suffer as a result of any person other than that additional cardholder accessing any SMS or notification sent by Tupay to the additional cardholder's nominated mobile phone number.
4.1 Your contact information. It is your responsibility to keep your nominated mobile number up to date so that Tupay can communicate with you electronically and enable you to access your customer profile. You understand and agree that if Tupay sends you an electronic Communication but you do not receive it because your phone number on record is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Tupay will be deemed to have provided the Communication to you effectively.
4.1.1 You can update your phone number at any time by accessing the application. If your phone number becomes invalid such that electronic Communications sent to you by Tupay are returned, Tupay may deem your profile to be inactive, and you will not be able to transact any activity using your Tupay profile until we receive a valid, working phone number from you.
4.2 Identity Verification. You authorize Tupay, directly or through third parties, to make any inquiries or receive information we consider necessary to validate your identity and create a customer profile. This may include asking you for further information or documentation, requiring you to provide a national identification number, requiring you to take steps to confirm ownership of your phone number or financial instruments, ordering a statement of your source of funds or verifying your Information against third party databases or through other sources. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Services or suspend or close your customer profile.
4.3 Payment Report Authorization. If you transact, you are providing Tupay with your written instructions and authorization in accordance with any applicable law to obtain your personal information from a payment provider report. You are also authorizing Tupay to obtain your personal report:
4.3.1 when you request certain new products; or
4.3.2 at any time Tupay reasonably believes there may be an increased level of risk associated with your Customer Profile.
5.1 Tupay is a payment facilitation service and acts as such by creating, hosting, maintaining and providing our services to you via the application. Our services allow you to pay merchants, buy tickets, pay due bills and buy airtime/tokens from various sources of funds. We offer services in compliance with local laws and regulations. We do not have any control over, and are not responsible or liable for, the products or services availed by third parties that are paid for with our Tupay Payment facilitation Service.
5.2 You may, from time to time, make payments on our services (whether to us or any third parties) as part of your use of our services (including for the provision of our services or provision of certain additional features within our services). Our services-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments. You must comply with all such terms in relation to such payments by you.
5.3 Any use of your nominated mobile number on the Tupay App shall be deemed use of the Services. Any information, data, or communication posted, transmitted, or issued during the period where you opt in using your nominated mobile phone number (whether authorized or unauthorized) shall be deemed to be posted, transmitted, or issued by you. You will be solely responsible for any such transmission, notice or communication and agree to indemnify and hold harmless Tupay from any loss, damage, expense, and/or liability for actions attributable to the use of your nominated mobile number on the Tupay App.
6.1 Payment. Payment using the Services may only be made to merchants or third party services which have been on boarded and approved by Tupay. When you make a payment from your linked card or mobile money wallet, Tupay will, upon conducting all necessary checks and verification, initiate the payment of the necessary amount including any applicable fees or charges, from your linked card or mobile money wallet which upon your authorization, i.e. customer entering the PIN in the payment’s In-App implementation, the payment will be effected.
6.2 Payment Limits. We may, at our discretion, impose limits on the amount of payments you can send through the Tupay Services. The limits are displayed during entry in the event where as a customer you have input an amount either above maximum limit or below minimum limit.
6.3 Linked Cards as a payment method. By adding a card payment type as a preferred payment method, linking a prepaid card and/or a debit card and/or a credit card as a payment mode in MasterPass or any other card processing payment mode availed, selecting it and inputting a card PIN or authorizing the payment in any other means availed by the card processing payment method for the purpose of making a payment for a service in Tupay; you are authorizing Tupay to initiate a charge on the card to obtain the relevant funds when the card is used as a Payment Mode pursuant to this Agreement. The respective card and the payment method Terms and conditions are applicable in respective card based payments in Tupay.
6.4 Linked mobile money wallet or linked mobile banking as a payment method. By adding a mobile money or mobile banking payment type as a preferred payment method, selecting it as a payment mode in Tupay and inputting your PIN on the STK (SIM Tool Kit) Push or USSD Push for the purpose of making a payment for a service in Tupay; you are authorizing Tupay to initiate a charge on your linked mobile money wallet or linked mobile banking account to obtain the relevant funds when linked mobile money wallet or linked mobile banking is used as a payment mode pursuant to this Agreement. The respective linked mobile money or linked mobile banking Terms and conditions are applicable in respective mobile money or mobile banking based payments in Tupay.
6.5 Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to Tupay to process your payment, complete the transaction and notify the merchant. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for a few minutes after which we will initiate a reversal.
6.6 Refused and Refunded Payments. When you send a payment, the merchant may reject it. Any unfulfilled or denied payment will be returned to your original Payment Method. We will return any unclaimed payment to you within the next working day of the date you initiated the payment. The reversal terms are as per the existing terms and conditions that apply for each Payment method in reference to reversal of principal bill amount and fees reversal. Tupay is a payment facilitator and has no control over the reversal process or terms of reversal for the respective payment method.
6.7 Insufficient funds. You acknowledge and agree that if there are insufficient funds in your linked bank or mobile money wallet to make the necessary payment, Tupay will not authorize the payment and has the right to cancel the transaction. Tupay shall not be liable for any loss, damage or liability suffered or incurred by you from a transaction being cancelled due to insufficient funds in your linked bank card or mobile money.
7.1.1 Service fees that apply to any transaction initiated via Tupay will be displayed to the customer for their consent prior to the In-App payment method been triggered.
7.1.1.1 On clicking Pay, the customer consents to having agreed that Tupay can proceed to initiate the transaction consisting of the displayed service fee where applicable and the principal amount to be deducted from their linked card or mobile money wallet.
7.1.1.2 On entering their respective PIN or 3D secure (3DS) details (card based transactions), the customer approves and authorizes within the payment method to proceed with the completion of the transaction.
7.1.2 You may incur charges from your network service provider for downloading, updating and using Tupay. These may include data roaming charges if you do this outside your home territory. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your network service provider.
8.1.1 We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our services, you must comply with any terms and conditions applicable to those services.
8.1.2 We may review (but make no commitment to review) content or third party services made available through our services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.
8.1.3 There may be, from time to time, third party content and services on our services that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our services, or the record company that owns the copyright to the relevant song that you have accessed on our services). In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.
8.1.4 Tupay will not be liable for any direct or indirect loss suffered by you (as applicable) as a result of a reduced level of service caused by any third party. You should carry an alternate form of payment with you to ensure you do not experience delays in the event of any unavailability of Tupay.
9.1 You must comply with these Terms and Conditions as these apply to your use of the Services that you access and use through the App. Any violation of these Terms and Conditions may result in the termination of your access to Services in the App.
9.2 You agree you will:
9.2.1 not disclose your PIN to any other person, including any customer support staff, joint account holder or additional cardholder or family member or friend;
9.2.2 not record your PIN in writing or on anything carried with the Android Device or liable to loss or theft at the same time
9.2.3 not allow any other person to see you entering your PIN;
9.2.4 not act with extreme carelessness in failing to protect your PIN;
9.2.5 not leave your Android Device unattended;
9.2.6 not allow another person to use Tupay service on your Android Device to make purchases or payments; You must not send it to anyone else or copy or modify any part of it in any way.
9.2.7 lock your Android Device when not in use and take all other reasonable steps necessary to stop unauthorized use of Tupay Service;
9.2.8 notify Tupay immediately if your Android Device service is suddenly disconnected without your permission (which may indicate you have been subject to mobile phone porting);
9.2.9 not use Tupay for any purpose other than those purposes for which Tupay has provided the services; not use Tupay for anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
9.2.10 not use Tupay for any anything which is defamatory, harassing, libellous or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;
9.2.11 only install approved apps on your Android Device;
9.2.12 install anti-virus software (and you further agree that you are solely responsible for your Android Device’s anti-virus and security arrangements to prevent unauthorized access to Tupay);
9.2.13 not act fraudulently or maliciously in relation to the Tupay app or software. As examples, you will not copy, modify, adversely effect, reverse engineer, hack into or insert malicious code into the Tupay app or software; you must not knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
9.2.14 Not override the software lockdown on your Android Device (commonly referred to as ‘obtaining root access’). You must not attempt to extract any source code from the App, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the App and our systems. If you do, Tupay will no longer work on your Android Device.
9.2.15 download a new version of Tupay from Google Play when notified to do so (and then cease to use the old version of Tupay); and
9.2.16 You must ensure that any security details, payment details and information and all other information that you provide to us via the App or otherwise is complete, accurate and up to date.
10.1 In order for us to provide our services to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet) that you use to access that relevant service – for example, we may need to use your device's processor and storage to complete the relevant software installation, or we may need to access your contact list to provide certain interactive functions within our apps. You agree to give us such access to and use of your device.
10.2 We will provide further information regarding how a particular service uses and accesses your device within that relevant service or in another manner (e.g. via the relevant app store as part of the relevant service's installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant service to you.
11.1 Tupay, the Services, the information on the App and use of all related facilities are provided on an “as is, as available” basis without any implied warranties except as expressly stated herein.
11.2 Tupay warrants that it will deliver its Services in accordance with the standards set forth in this Agreement. We warrant that we have the requisite skills, expertise and resources to perform its obligations under this Agreement.
11.3 Tupay will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. Nonetheless, we do not guarantee that the Services or the App will be free of faults, and we do not accept liability for any such faults, errors or omissions. In case of any such error, fault or omission, you should report it by contacting the Customer Care Center.
11.4 We reserve the right to change, modify or substitute, suspend or remove any information or Services on the App from time to time. Your access to the App and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the App at any time.
11.5 Tupay will report any suspicious activity to its Complaints Reporting Officer. The Reporting Officer may escalate the suspicious activity to the relevant law enforcement authority.
11.6 Tupay warrants that it has obtained all the requisite approvals (whether internal or regulatory) to use the Service App.
12.1 Tupay will not be responsible for any inability of your Android Device to access or use Tupay services, or for any loss or damage to your Android Device resulting from your access or use, or attempted access or use, of Tupay (including downloading and installing any associated apps), and you should satisfy yourself as to these matters before attempting to access or use Tupay.
12.2 Tupay will not be liable for any loss arising from your use of Tupay, including loss arising from any security breach, if you have acted fraudulently (either alone or together with any other person), or if you have caused or contributed to that loss, for example, by obtaining root access to your Android Device or failing to comply with any of these Terms of Use or the Payment methods Terms and Conditions.
12.3 You acknowledge that any unauthorized reproduction by you of any proprietary information provided or available via Tupay or any portion of it may result in legal action being taken. When you initiate a call through Tupay on your Android Device, you will exit the app and the call will be made using your chosen dialer on your Android device. Tupay will not be liable in any way if your dialer redirects you to a fraudulent or incorrect number and will not be liable for any network service provider fees incurred for the call.
12.4 In addition, we and our partners, merchants and their affiliates, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, expense (including legal fees and expenses), damage, penalties or settlement sums whatsoever or howsoever caused (regardless of the form of action) or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
12.4.1 the App and your use, delay in use or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;
12.4.2 your access to and use of any material on the App or material linked to or referred to on the App; and/or
12.4.3 any loss or damage to your Device or any other hardware or software you use in connection with the App, including in connection with any viruses that may affect the same on account of your downloading and use of the App.
12.4.4 reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
12.4.5 any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
12.4.6 Any information, data, or communication posted, transmitted, or issued during the period where you are logged in with your customer profile (whether authorized or unauthorized) shall be deemed to be posted, transmitted, or issued by you. You will be solely responsible for any such transmission, notice or communication and agree to indemnify and hold harmless Tupay from any loss, damage, expense, and/or liability for actions attributable to the use of your customer profile on the Tupay App.
12.5 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that the security of any information transmitted by you or to you through the Platform or the Services are potentially susceptible to interception by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
12.6 You acknowledge that use of the App is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the App and the services offered by Tupay, reliance on or downloading from the App and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
12.7 Nothing in these Terms and Conditions shall exclude any party’s liability for:
12.7.1 death or personal injury arising through negligence;
12.7.2 fraudulent misrepresentation; and/or
12.7.3 anything else that cannot be excluded or limited by us under any applicable law.
12.8 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
13.1 Your use of Tupay services;
13.2 Any other party’s use of the services using your User ID, verification PIN and/or any identifier number allocated by Tupay; and/or
13.3 your breach of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
15.1 Tupay will treat in confidence all Confidential Information which it acquires from you as a result of the operation of this Agreement and to afford you the same protection afforded to its own Confidential Information.
15.2 Neither Party will reveal any Confidential Information to any third party (including public statements) without the written consent of the disclosing party, except where such information is already in the public domain, has been legally acquired by a third party, or where disclosure of the confidential information is ordered by a court or other competent authority.
16.1 You agree that Tupay may collect various information relating to your relevant Android Device. This is required for Tupay to properly function and for security purposes, and for Tupay to better provide assistance if you contact us for assistance, to tell you about other products or services that may be of interest to you and to further develop Tupay services and value proposition.
16.2 The information collected from your relevant Android Device includes app version, device type and model, operating system, location (for geo-location based services only) and security information related to your Android Device (e.g. whether you have obtained root access to your Android Device). If you do not consent to the collection of this information, you should cease using Tupay.
16.3 When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”), you understand and agree that:
16.3.1 you will continue to own and be responsible for Your Content;
16.3.2 we will not sell Your Content to any third party;
16.3.3 our use of Your Content will be subject to our Privacy Policy;
16.3.4 you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) including the right to derive insights, for the purposes of providing, promoting, developing and trying to improve our services, creating value added services, including our relevant service that you submitted Your Content in and any other services that we may provide now or in the future;
16.3.5 in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, translate, perform, distribute and publish derived insights, including those that are developed in the future, provided that they are incorporated into our services which you use;
16.3.6 we may share Your Content with third parties that we work with to help provide, promote, develop and improve our services, but we will not sell Your Content to such third parties (or affiliate companies) for their use for their own purposes (i.e. for any purposes that is related to our services)
16.3.7 we are allowed to retain and continue to use Your Content after you stop using our services - for example, where you have shared Your Content with other users of our services;
16.4 we may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our affiliate companies may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
16.5 we may need to disclose Your Content (including any information relating to your accounts with us) in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.
16.6 We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
17.1.1 If you participate in any of our promotional campaigns you are deemed to have also acknowledged and agreed to the terms and conditions of the respective campaign as published online.
17.1.2 You consent to and authorize our use of any information provided by you (including Personal Data) for the purposes of sending information and promotional notifications to via e-mails, phone-calls, SMS, social networks, push notifications, in-app notifications, and communication apps.
17.1.3 To opt out of receiving any promotional or informational notifications at any of the above mentioned communication channels please contact our customer support via phone, e-mail or social media handles.
18.1 In relation to these Terms of Use, no delay or failure to act will be construed as a waiver of or in any way prejudice, any of our rights. No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach.
18.2 You and Tupay agree that if any provision or part of a provision of these Terms of Use is illegal, invalid or unenforceable, it will be severed from these Terms of Use and the remaining provisions (or parts of provisions) will continue in full force and effect.
18.3 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the laws of Kenya without regard to choice or conflict of law principles.
19.1 You may contact the Tupay Customer Care Centre to report any disputes, claims or account discrepancies in relation to your usage of our service. Both parties (you and Tupay) shall make every effort to resolve amicably any disagreement or dispute in relation to any claims made to us under or in connection with Tupay services by direct informal negotiations.
19.2 If the dispute has not been settled amicably within Fourteen (14) Days from when informal negotiations were commenced, either Party may declare a dispute by written notification to the other, whereupon shall dispute shall be referred to arbitration under the following terms:
19.2.1 Such arbitrations shall be resolved under the provisions of the Kenyan Arbitration Act 1995 (as amended from time to time);
19.2.2 The tribunal shall consist of one arbitrator to be agreed upon between the Parties failing which such arbitrator shall be appointed by the Chairman for the time being of the Law Society of Kenya upon the any Party;
19.2.3 The place and seat of arbitration shall be Nairobi and the language or arbitration be English;
19.2.4 The award of the arbitration tribunal shall be final and binding upon the Parties to the extent permitted by law and any Party may apply to a court of competent jurisdiction for enforcement of such award. The award of the arbitration tribunal may take the form of an order to pay an amount or to perform or to prohibit certain activities; and
19.2.5 Notwithstanding the above provisions of this clause, a Party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction in Kenya pending the final decision or award of the arbitrator.
21.1 You are given a limited, personal, non-exclusive, non-sub licensable, non-transferable, royalty-free and revocable license to use Tupay on your Device in accordance with these Terms of Use and any other applicable terms and subject to the Terms of Services and Policies applicable to your use of Google Play and Payment Methods availed. You warrant that you are not located in a country that is subject to a Kenya Government embargo or is designated by the Kenya Government as a ‘terrorist supporting’ country, and you are not listed on any Kenya Government list of prohibited or restricted parties.
21.2 You must comply with all laws, regulations and third party service providers’ terms of use (for Example, software providers and network service providers) when using Tupay.
22.1 These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.
22.2 We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.
22.3 Retention and back-up of Your Content
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms. Where we suspend or terminate a service, or where your access to our services is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Thank you for reviewing these Terms – we hope you enjoy using our services. If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at support@allpremium.co.ke. Back to top