Terms And Conditions

TERMS AND CONDITIONS

Effective Date: September 2025 │  Last Updated: April 2026 

These Terms and Conditions (“Terms”) govern your access to and use of the products, services, websites, APIs, mobile applications, and financial services offered by QR Pay Africa Limited (“QR Pay Africa”, “we”, “us”, “our”) irrespective of location of usage. By accessing or using our Services, you agree to be bound by these Terms.

 

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 29) THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.

 

TABLE OF CONTENTS

§	Section Title
1	Definitions
2	Acceptance of Terms
3	Eligibility and Account Registration
4	Electronic Signatures and Records (E-SIGN Act)
5	Description of Services
6	Transaction Rules and Responsibilities
7	Remittance Transfer Disclosures (Dodd-Frank / Regulation E)
8	Currency Exchange and Pricing Transparency
9	Fees, Charges, and Taxes
10	Fund Holds, Reserves, and Account Restrictions
11	Error Resolution and Unauthorized Transaction Claims
12	Data Protection, Privacy, and KYC
13	Compliance with Law (AML, OFAC, FATCA, CBK)
14	Consumer Fraud Alert and Scam Awareness
15	User Conduct and Acceptable Use
16	Prohibited Activities
17	Device, System, and API Usage Rules
18	Content License and Intellectual Property
19	Merchant and Agent-Specific Terms
20	Third-Party Services
21	Dormant Accounts and Uncollected Transfers
22	Loyalty and Rewards Programs
23	Limitation of Liability
24	Indemnification
25	Representations and Warranties
26	Force Majeure
27	No Waiver, Severability, and Entire Agreement
28	Termination and Account Closure
29	Binding Arbitration and Class Action Waiver
30	Dispute Resolution and Governing Law
31	Amendments and Notices
32	Miscellaneous
33	Contact Information

 

1. DEFINITIONS

The following terms have the meanings set forth below throughout these Terms:

• "Account" — Your registered profile enabling access to one or more QR Pay Africa Services.
• "Services" — All offerings provided by QR Pay Africa including payment processing, remittances, virtual and physical cards, wallet services, QR code payments, APIs, integrations, merchant settlement, agent tooling, analytics, and related technology.
• "User / You / Your" — Any individual or entity accessing or using the Services.
• "Transaction" — Any payment, transfer, remittance, exchange, or other financial instruction submitted through the Services. Each Transaction constitutes a separate agreement between you and QR Pay Africa solely for that specific transfer. We are not obligated to execute future Transactions based on prior agreements.
• "Sender" — The party initiating a Transaction.
• "Recipient / Receiver" — The party designated to receive funds in a Transaction, who may or may not be an Account holder.
• "Nonpublic Personal Information (NPI)" — Personal financial information as defined under the U.S. Gramm-Leach-Bliley Act.
• "Remittance Transfer" — An electronic transfer of funds initiated by a consumer in the United States to a designated recipient in a foreign country, as defined under 12 C.F.R. Part 1005 (Regulation E, Subpart B).
• "Data Protection Laws" — The Kenya Data Protection Act, 2019; GDPR (where applicable); CCPA/CPRA; and all other applicable data protection and privacy laws.
• "AML/CTF Laws" — Anti-Money Laundering and Counter-Terrorism Financing laws, including the Kenya Proceeds of Crime and Anti-Money Laundering Act, 2009 (as amended); the U.S. Bank Secrecy Act (BSA); and the USA PATRIOT Act.
• "OFAC" — The U.S. Department of the Treasury’s Office of Foreign Assets Control.
• "Merchant" — A business entity registered with QR Pay Africa to accept payments via the Services.
• "Agent" — An authorized representative registered to distribute or facilitate QR Pay Africa Services.
• "Force Majeure Event" — Circumstances beyond our reasonable control, as described in Section 26.

 

2. ACCEPTANCE OF TERMS

By accessing or using the Services, you expressly agree to these Terms, our Privacy Policy, Cookie Policy, Acceptable Use Policy, and any additional policies or guidelines we publish, all of which are incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately discontinue using the Services. If you are using the Services on behalf of a business or entity, you represent that you have full authority to bind that business or entity to these Terms, and that entity accepts these Terms.

Your continued use of the Services after we post updated Terms constitutes acceptance of the revised Terms. We will provide 30 days’ advance notice of material changes through in-app notification, email, or posting on our website. Any dispute that arose before a material change shall be governed by the Terms in effect at the time the dispute arose.

 

3. ELIGIBILITY AND ACCOUNT REGISTRATION

• You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use QR Pay Africa. The minimum age is 13 in the United States for limited Services, subject to COPPA compliance and parental consent where required.
• You must have the legal capacity to enter into a binding agreement with us under applicable law in your jurisdiction.
• You must not be a resident of a jurisdiction subject to comprehensive sanctions by the United States, United Nations, European Union, or African Union, nor may you be designated as a Specially Designated National (SDN) on OFAC’s SDN List.
• You agree to provide accurate, current, and complete registration information and to update it promptly when it changes. Providing false information may result in immediate account suspension.
• You are responsible for safeguarding your account credentials (username, password, PIN, OTP). You may not share credentials or authorize third parties to access your Account.
• You are responsible for all activities that occur under your Account, whether or not authorized by you, except where caused by our gross negligence or willful misconduct.
• You may not use a modified, rooted, or jailbroken device to use the Services if the modification violates the manufacturer’s software or hardware guidelines.
• QR Pay Africa reserves the right to refuse to open an Account or to close an existing Account for any lawful reason, including failure to pass identity verification or AML screening.

 

4. ELECTRONIC SIGNATURES AND RECORDS (E-SIGN ACT)

By agreeing to these Terms, you consent to conduct transactions electronically and to receive disclosures, agreements, notices, and communications from QR Pay Africa electronically, including by email, in-app notification, or through our website (“Electronic Records”). This consent is given pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and equivalent laws in applicable jurisdictions.

You have the right to receive communications in paper form. To receive paper copies, or to withdraw your consent to electronic communications (which may limit your ability to use certain Services), contact us at support@qrpayafrica.com. We may charge a reasonable administrative fee for paper copies.

To access and retain Electronic Records, you will need: (i) a device capable of accessing the internet; (ii) a compatible browser or the QR Pay Africa app; and (iii) a valid email address. You are responsible for maintaining this capability.

 

5. DESCRIPTION OF SERVICES

QR Pay Africa provides the following Services, subject to availability in your jurisdiction and applicable regulatory approvals:

• Digital Payments — QR code-based payments, wallet-to-wallet transfers, and point-of-sale (POS) integrations
• Remittances and Cross-Border Payments — International money transfers to designated recipients
• Virtual and Physical Card Issuance — Prepaid or debit cards issued pursuant to card network rules
• Mobile Wallet Services — Storage, management, and deployment of electronic money
• Merchant Settlement and Payout Services — Collection, processing, and disbursement of payments for Merchants
• Agent Distribution Services — Facilitation of Services through authorized Agent networks
• API and Developer Integrations — Technical interfaces enabling third-party developers to access QR Pay Africa functionality
• Analytics and Reporting Tools — Transaction data, dashboards, and business intelligence features

Service availability is subject to Restrictions, including regulatory requirements, applicable transaction limits, destination country rules, KYC verification status, risk assessment, currency availability, and system maintenance. We may, at any time and without liability, modify, discontinue, or limit Services or impose conditions on any feature.

QR Pay Africa does not accept deposits on behalf of any bank and does not act as the agent or representative of any bank for any purpose, unless expressly stated in an applicable product agreement.

 

6. TRANSACTION RULES AND RESPONSIBILITIES

A. Transaction Authorization

When you provide the necessary information and documentation and submit a Transaction, you are instructing QR Pay Africa to complete that specific transfer. Each Transaction is a separate agreement between you and QR Pay Africa solely for that transfer. QR Pay Africa is not obligated to execute future Transactions based on the existence of this agreement or prior Transactions.

B. Finality and Irrevocability

All Transactions are final and generally irreversible once authorized. You are solely responsible for verifying all recipient details (name, account number, mobile money number) before submitting a Transaction. QR Pay Africa bears no liability for losses arising from incorrect recipient information provided by you.

 

Cancellation may be requested before processing is complete by contacting support@qrpayafrica.com or through the app. Cancellation is not guaranteed and is subject to the stage of processing and applicable law, including the Remittance Transfer Rule (see Section 7).

C. Transaction Limits

All Transactions are subject to limits set by QR Pay Africa, applicable card networks, partner banks, mobile money operators, and regulatory authorities. Limits may apply per transaction, per day, per month, or cumulatively. QR Pay Africa reserves the right to modify limits at any time.

D. Uncollected Transactions

If a Recipient fails to collect a transfer within the applicable collection period, QR Pay Africa may: (i) hold the funds pending collection; (ii) return the funds to the Sender, less any applicable fees; or (iii) deduct a reasonable administrative charge from uncollected transfers to the extent permitted by applicable law. The Sender will be notified before any deduction is applied.

 

E. Sanctions Screening

Every Transaction is screened against applicable government sanctions lists, including OFAC’s SDN List, UN Security Council Consolidated List, and relevant African Union or regional sanctions lists. If a potential match is identified, QR Pay Africa will investigate the Transaction, which may result in delay, refusal, or reporting to the relevant authority. This screening applies to all Transactions, including those that originate and terminate outside the United States.

 

F. Power of Attorney

QR Pay Africa policies prohibit the use of power of attorney (regardless of certification or notarization) for sending or receiving money transfers on behalf of another person, unless expressly authorized in writing by QR Pay Africa in advance.

 

G. Transaction Reporting

Transactions may be reported to applicable authorities as required by law, including currency transaction reports (CTRs) for transactions exceeding applicable thresholds and suspicious activity reports (SARs) under the BSA and equivalent laws.

7. REMITTANCE TRANSFER DISCLOSURES (DODD-FRANK / REGULATION E)

The following disclosures apply to Remittance Transfers initiated by consumers in the United States to recipients in foreign countries, pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act and Regulation E, Subpart B (12 C.F.R. §§ 1005.30–1005.36):

• Pre-Payment Disclosure: Before you authorize a Remittance Transfer, we will disclose: (i) the exchange rate; (ii) all fees charged by QR Pay Africa; (iii) any fees imposed by our financial institution partners; (iv) any applicable taxes; (v) the total amount to be debited from your account; and (vi) the amount that will be delivered to the Recipient in the foreign currency.
• Receipt: Upon payment authorization, we will provide you with a receipt confirming the above disclosures, plus the estimated date the funds will be available to the Recipient.
• Right to Cancel: You have the right to cancel a Remittance Transfer within 30 minutes of authorization for a full refund of the transfer amount and all fees paid, unless the funds have already been picked up or deposited. To cancel, contact us at support@qrpayafrica.com or call our support line.
• Error Resolution: If you believe an error occurred in connection with a Remittance Transfer, you must contact us within 180 days of the date we disclosed the funds would be available. We will investigate and resolve the error within 90 days. See Section 11 for full error resolution procedures.
• Remedy for Failure to Make Funds Available: If we fail to make funds available to the Recipient by the disclosed date, and the failure is due to our error, you are entitled to a refund or re-send of the transfer at no additional charge, consistent with applicable law.

 

8. CURRENCY EXCHANGE AND PRICING TRANSPARENCY

Where your Transaction involves a currency conversion, QR Pay Africa will disclose the applicable exchange rate before you authorize the Transaction. The exchange rate may include a margin above the interbank mid-market rate. We will clearly display:

• The exchange rate applied to your Transaction
• Any exchange rate margin or spread included in the displayed rate
• The total fees charged by QR Pay Africa for the Transaction
• The total amount to be received by the Recipient in the destination currency

Exchange rates are subject to change and may fluctuate between the time of your quote and the time of execution. QR Pay Africa does not guarantee any particular exchange rate unless expressly stated in a rate-lock feature. We will display the rate applicable to your specific Transaction prior to your authorization.

QR Pay Africa does not use hidden exchange rate markups as a substitute for transparent fee disclosure. All fees and exchange rate margins included in a Transaction will be disclosed before authorization, consistent with Regulation E (12 C.F.R. § 1005.31) and FTC Act Section 5 requirements against deceptive pricing practices.

 

9. FEES, CHARGES, AND TAXES

• Fees applicable to the Services are set out in our current pricing schedule, displayed in-app, or otherwise communicated to you before you authorize a Transaction. By proceeding with a Transaction, you agree to pay all applicable fees.
• QR Pay Africa may change fees at its discretion. For material fee changes affecting ongoing Services, we will provide 30 days’ advance notice. Your continued use of the Services after notice constitutes acceptance of the updated fees.
• You agree to pay all applicable taxes, levies, duties, and similar governmental charges associated with your use of the Services. QR Pay Africa may be required to withhold or collect taxes on your behalf in certain jurisdictions.
• Fees paid are generally non-refundable except: (i) where required by applicable law; (ii) where a Remittance Transfer is cancelled within the applicable cancellation window; or (iii) where a Transaction fails due to QR Pay Africa error.
• Account Providers (e.g., your bank or mobile money operator) may impose additional fees for sending to or receiving from your Account. QR Pay Africa is not responsible for fees charged by your Account Provider.
• Where a Transaction involves a foreign currency, the Account Provider may apply their own exchange rate or reject the transfer. QR Pay Africa is not responsible for additional charges or exchange rate differences applied by Account Providers.

 

10. FUND HOLDS, RESERVES, AND ACCOUNT RESTRICTIONS

A. Grounds for Fund Holds

QR Pay Africa may place holds on funds in your Account or withhold settlement to protect against the following risks:

• Suspected fraud, unauthorized transactions, or security breaches
• Chargebacks, disputes, or reversals by third parties
• AML/KYC compliance investigations
• Regulatory orders, court orders, or law enforcement requests
• Violation of these Terms or our Acceptable Use Policy
• Failure to provide required verification documents

B. Hold Duration and Limits

Holds will be limited in duration to the period reasonably necessary to resolve the underlying issue. In no case will a general compliance hold exceed 180 days unless required by court order, regulatory direction, or ongoing law enforcement investigation. For chargeback-related reserves, we will cap the reserve at 30% of your rolling 30-day processing volume unless a higher amount is required by applicable card network rules or demonstrable risk exposure.

We will notify you of any material fund hold within a commercially reasonable time, unless prohibited by law or ongoing investigation.

C. Appeal Rights

If your Account is suspended or funds are held, you may appeal within 30 days by submitting a written request to compliance@qrpayafrica.com. We will acknowledge your request within 5 business days and provide a substantive response within 30 days. Our decision on appeal is final subject to applicable law.

 

11. ERROR RESOLUTION AND UNAUTHORIZED TRANSACTION CLAIMS

A. How to Report Errors or Unauthorized Transactions

If you believe a Transaction was unauthorized, made in error, or was not completed in accordance with your instructions, contact us immediately at:

• Email: support@qrpayafrica.com
• In-app: Help > Report a Problem
• Phone: [QR Pay Africa support number]

 

For Remittance Transfers, you must report errors within 180 days of the disclosed availability date.

B. Our Investigation Process

Upon receiving a valid error report, QR Pay Africa will:

• Acknowledge receipt within 1 business day
• Complete an investigation within 10 business days (45 business days for Remittance Transfers or where provisional credit is required)
• Provide written results of our investigation within 3 business days of completion
• Correct any confirmed error promptly, including re-sending or refunding as appropriate

C. Provisional Credit

For consumers covered by Regulation E (Electronic Funds Transfer Act, 15 U.S.C. §§ 1693 et seq.), QR Pay Africa may provide provisional credit within 5 business days of receiving a valid unauthorized transaction claim, to the extent required by applicable law. If our investigation confirms that no error occurred, we will reverse the provisional credit with notice to you.

D. Your Liability for Unauthorized Transactions

If you notify us within 2 business days after you discover an unauthorized use of your Account, your maximum liability is limited to USD $50 (or local equivalent). If you do not notify us within 2 business days, your maximum liability may increase to USD $500 (or local equivalent), subject to applicable law. If you fail to report an unauthorized transaction within 60 days of it appearing on your statement, you may bear full liability for transactions occurring after the 60-day period.

 

You bear no liability for unauthorized transactions made without your physical card, card number, or access credentials, provided you report them promptly. You are not liable for transactions occurring after you notify us of unauthorized access.

 

12. DATA PROTECTION, PRIVACY, AND KYC

A. Privacy Policy

Your use of the Services is governed by our Privacy Policy (www.qrpayafrica.com/privacy), which is incorporated by reference. The Privacy Policy explains what personal data we collect, how we process and share it, your data subject rights, and our compliance with the Kenya Data Protection Act, 2019, U.S. federal and state privacy laws (including GLBA, CCPA/CPRA), and other applicable data protection laws.

B. Data Controller and Processor Roles

• QR Pay Africa acts as a Data Controller for its own operational, compliance, and fraud prevention activities.
• QR Pay Africa acts as a Data Processor when processing personal data on behalf of Merchants, Agents, or API clients, pursuant to a written Data Processing Agreement (DPA).

C. KYC and Identity Verification

QR Pay Africa is required by law to verify the identity of its users and, in some cases, their intended recipients. You agree to provide all documentation we reasonably request for KYC, Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD) purposes, including government-issued ID, proof of address, source of funds declarations, and biometric verification. Failure to provide required documentation may result in transaction delays, holds, or account closure.

D. Cross-Border Data Transfers

Your personal data may be transferred to and processed in jurisdictions outside Kenya, including the United States, where our service providers operate. We apply appropriate safeguards in accordance with applicable law.

13. COMPLIANCE WITH LAW (AML, OFAC, FATCA, CBK)

By using the Services, you represent, warrant, and covenant that:

• Your use of the Services does not and will not violate any applicable law, statute, ordinance, or regulation, including those relating to money laundering, illegal gambling, support for terrorist activities, fraud, theft, or tax evasion.
• You are not, and are not acting on behalf of, any person or entity listed on OFAC’s SDN List, the UN Consolidated Sanctions List, or any applicable regional sanctions list.
• You are not subject to comprehensive sanctions imposed by the United States, United Nations, European Union, or African Union.
• You will comply with all applicable AML/CTF laws, including filing required reports and providing accurate information for KYC verification.
• Where applicable (primarily for U.S. persons and foreign financial institutions with U.S. account holders), you will comply with the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS), including providing required tax identification information.
• You will comply with Central Bank of Kenya (CBK) National Payment System Regulations and any applicable regulatory directives in other jurisdictions where you use the Services.
• You authorize QR Pay Africa to share information about you, your Account, and your Transactions with law enforcement and regulatory authorities as required by applicable law. If QR Pay Africa reasonably suspects your Account has been used for an unauthorized, illegal, or criminal purpose, you expressly authorize us to share relevant information with law enforcement.

 

We may refuse, delay, block, or report Transactions to comply with legal obligations, without liability to you, subject to applicable law.

 

14. CONSUMER FRAUD ALERT AND SCAM AWARENESS

IMPORTANT FRAUD WARNING: QR Pay Africa Services are designed to send money to persons you know and trust. Do not use QR Pay Africa to pay strangers, respond to unsolicited requests, or send money in response to unexpected prize notifications, investment schemes, romance scams, or emergency requests from unverified contacts.

 

QR Pay Africa will NEVER ask you to:

• Share your PIN, OTP, password, or account credentials with a QR Pay Africa employee
• Send money to receive a prize, unlock a blocked account, or pay taxes on winnings
• Transfer funds to a QR Pay Africa agent personally

 

Once a Transaction is authorized, it is generally final and irreversible. If you believe you are a victim of fraud, contact us immediately at support@qrpayafrica.com and report the incident to your local law enforcement authority and, where applicable, to the Communications Authority of Kenya or the relevant national financial regulator.

For more information about how to protect yourself against fraud, visit: www.qrpayafrica.com/fraud-awareness.

 

15. USER CONDUCT AND ACCEPTABLE USE

You agree to use the Services only for lawful purposes and in compliance with these Terms, our Acceptable Use Policy (www.qrpayafrica.com/aup), and all applicable laws. You agree that your use of the Services will not:

• Violate any applicable law, regulation, court order, or contractual obligation
• Infringe the intellectual property, privacy, or other rights of any third party
• Involve the transmission of unsolicited commercial communications (spam)
• Harm, harass, defame, or threaten any person
• Involve the introduction of malware, viruses, or other harmful code
• Attempt to gain unauthorized access to any system, account, or data
• Interfere with or disrupt the integrity or performance of the Services

16. PROHIBITED ACTIVITIES

The following uses of the Services are strictly prohibited. Engaging in any prohibited activity may result in immediate account suspension, fund holds, reporting to law enforcement, and legal action:

• Money laundering, terrorist financing, or any activity that violates AML/CTF laws
• Processing transactions for sanctioned persons, entities, or jurisdictions
• Illegal gambling, lottery, or gaming activities
• Purchase or sale of illegal goods, services, or controlled substances
• Human trafficking, arms trafficking, or related activities
• Fraud, phishing, identity theft, or account takeover schemes
• Processing transactions on behalf of an undisclosed third party (i.e., acting as an unlicensed payment aggregator or intermediary)
• Structuring transactions to evade AML reporting thresholds (a federal crime under 31 U.S.C. § 5324)
• Using the Services for commercial purposes where only personal use is authorized, without our prior written consent
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code from our software or APIs
• Circumventing security, authentication, or access controls
• Using automated scripts, bots, or scrapers to access the Services without authorization
• Creating fake or multiple accounts to abuse promotions, referral programs, or limits

 

17. DEVICE, SYSTEM, AND API USAGE RULES

• You may only access the Services through our authorized mobile applications, website, or approved API integrations.
• You may not use a modified, rooted, or jailbroken device to access the Services if the modification violates the manufacturer’s guidelines or compromises security.
• Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or wireless carrier. QR Pay Africa is not responsible for wireless carrier charges, data rates, or fees associated with your access to the Services.
• API access is subject to our Developer Terms and API Documentation. You may only use our APIs for their intended purpose and may not use them to build competing products, scrape data, or circumvent access controls.
• You retain all rights to content you upload to the Services. However, by uploading content, you grant QR Pay Africa a non-exclusive, worldwide, royalty-free license to use, copy, modify, display, and process your content solely to the extent necessary to provide the Services to you.
• Any content you make available through the Services must not be illegal, obscene, hateful, defamatory, or harmful to you, other users, or QR Pay Africa.

 

18. CONTENT LICENSE AND INTELLECTUAL PROPERTY

All proprietary rights, trademarks, service marks, trade names, logos, and content related to QR Pay Africa Services (collectively, “QR Pay Africa IP”) belong exclusively to QR Pay Africa Limited or our licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any QR Pay Africa IP without our express prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose, subject to these Terms. This license does not include the right to: (i) sublicense the Services; (ii) access the Services for competitive intelligence; (iii) frame or mirror any part of the Services; or (iv) use any data mining or extraction tools on the Services.

If you believe that any content on our platform infringes your intellectual property rights, please contact us at legal@qrpayafrica.com with sufficient detail to identify the alleged infringement. QR Pay Africa will investigate and respond to valid infringement notices in accordance with applicable law.

 

19. MERCHANT AND AGENT-SPECIFIC TERMS

A. Merchant Terms

Merchants who use QR Pay Africa to accept payments are subject to these Terms and the QR Pay Africa Merchant Agreement (incorporated by reference). Merchants additionally agree to:

• Comply with all applicable card network rules (Visa, Mastercard) and mobile money operator rules
• Not discriminate against any card network or payment method relative to others, unless expressly permitted by card network rules
• Not impose unauthorized surcharges, convenience fees, or additional charges on cardholders beyond what is permitted by applicable law and card network rules
• Not submit fraudulent, fictitious, or duplicate transactions
• Maintain accurate business information and promptly update it when changes occur
• Cooperate with QR Pay Africa in the investigation of chargebacks, fraud claims, and compliance reviews
• Not disburse cash to customers in connection with a Transaction unless expressly authorized by applicable card network rules
• Maintain gift cards without expiration dates; unused balances must remain available until fully redeemed, even after account closure

B. Agent Terms

Agents who distribute or facilitate QR Pay Africa Services are subject to a separate Agent Agreement and applicable licensing requirements in their jurisdiction. Agents may not act outside the scope of their authorized role and must comply with all applicable AML/KYC training and reporting obligations.

 

20. THIRD-PARTY SERVICES

Our Services integrate with third-party partners including banking partners, card networks, mobile money operators, identity verification providers, and software platforms. We are not liable for:

• The privacy practices, security, or performance of any third-party service
• Additional fees charged by your bank, Account Provider, or mobile money operator
• Currency conversion rates or charges applied by Account Providers when processing transfers
• Delays, failures, or errors caused by third-party financial institutions, telecommunications providers, or technology vendors

Links to third-party websites or services do not constitute our endorsement of those services. You should review the terms and privacy policies of any third-party service before using it.

21. DORMANT ACCOUNTS AND UNCOLLECTED TRANSFERS

An Account is considered dormant if you have not performed any Transaction or logged into your Account for a period of 12 consecutive months. QR Pay Africa will notify you via email or in-app notification before treating your Account as dormant.

Funds in a dormant Account may be subject to dormancy fees (where permitted by applicable law), transfer to a suspense account, or escheatment (transfer to the relevant government authority) in accordance with applicable unclaimed property laws, including applicable U.S. state unclaimed property statutes.

QR Pay Africa will maintain your opt-out and preference choices for the duration of your Account and associated retention period. If you do not perform a Transaction during the retention period, your information, including opt-out preferences, may be removed in accordance with our data retention schedule. If you transact again after that time, you will be given another opportunity to exercise applicable rights.

 

22. LOYALTY AND REWARDS PROGRAMS

If QR Pay Africa offers a loyalty, referral, or rewards program, the following terms apply:

• You may only hold one rewards account at a time. Commercial use of loyalty programs is prohibited.
• Rewards points or credits are personal to you and may not be transferred, sold, or assigned to another person.
• You are responsible for keeping your rewards account credentials confidential. QR Pay Africa may disable any security credential at any time if it reasonably believes a breach has occurred.
• Points expire one (1) year from the date of the Transaction that generated them, or earlier upon account closure.
• If a Transaction on which points were issued or redeemed is cancelled, reversed, or not completed, the associated points will be reversed.
• QR Pay Africa reserves the right to modify, suspend, or terminate any loyalty program at any time with reasonable notice. Unused points will be honored for a reasonable redemption period after program termination.
• Where a loyalty program constitutes a “financial incentive” under the CCPA/CPRA, a separate Notice of Financial Incentive will be provided, disclosing the program’s material terms.

 

23. LIMITATION OF LIABILITY

THE FOLLOWING LIMITATIONS OF LIABILITY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

A. QR Pay Africa shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Services, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, or computer damage, even if we have been advised of the possibility of such damages.

B. For Remittance Transfer delays, non-payment, or underpayment caused by the negligence of our employees or partners: our liability shall not exceed USD $500 in addition to refunding the principal amount of the transfer and the transfer fee. This cap does not apply where prohibited by local law and does not exclude liability for conditions or warranties that cannot be excluded by law, including any implied warranty that we will render Services with due care and skill.

C. Our total aggregate liability for all claims arising under these Terms during any 12-month period shall not exceed the greater of: (i) the total fees paid by you for the Services in the 12 months preceding the claim; or (ii) USD $500.

D. Nothing in these Terms limits liability that cannot be excluded or limited by applicable law, including liability for gross negligence or willful misconduct, liability under U.S. federal consumer protection statutes enforced by the CFPB or FTC, or liability for death or personal injury.

 

24. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless QR Pay Africa Limited, and its affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms or our Acceptable Use Policy
• Your use or misuse of the Services
• Your violation of any applicable law or regulation
• Your infringement of the rights of any third party, including intellectual property rights
• Any content you upload, transmit, or make available through the Services

 

QR Pay Africa’s indemnification obligation does not extend to claims arising from our own gross negligence or willful misconduct. Our indemnification obligation covers only “your use of the Services” and “your breach” and does not require you to indemnify QR Pay Africa for QR Pay Africa’s own failures.

 

25. REPRESENTATIONS AND WARRANTIES

By using the Services, you represent and warrant to QR Pay Africa that:

• You have the full right, power, and authority to enter into and perform these Terms
• Your use of the Services will not violate any applicable law, regulation, or third-party right
• All information you provide to QR Pay Africa is accurate, current, and complete
• You are not subject to any sanctions, debarments, or designations that would prohibit your use of the Services
• You are not acting as an agent or nominee for any undisclosed third party
• You have independent legal authority to initiate each Transaction and the funds used are lawfully obtained
• Where you use the Services on behalf of a business, you have authority to bind that business to these Terms

26. FORCE MAJEURE

QR Pay Africa shall not be liable for any delay, failure, or interruption of the Services resulting from causes beyond our reasonable control, including:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government actions
• Acts or omissions of telecommunications providers, card networks, or banking partners
• Cyberattacks, distributed denial-of-service (DDoS) attacks, or other security incidents beyond our reasonable control
• Changes in applicable law or regulatory requirements
• Power outages, internet disruptions, or infrastructure failures

 

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable, use commercially reasonable efforts to restore Services, and, where Transactions cannot be completed, refund the principal and fees for affected Transactions.

27. NO WAIVER, SEVERABILITY, AND ENTIRE AGREEMENT

No Waiver: QR Pay Africa’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver by QR Pay Africa must be in writing and signed by an authorized QR Pay Africa representative.

Severability: If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and any Additional Terms applicable to specific Services, constitute the entire agreement between you and QR Pay Africa with respect to the Services and supersede all prior agreements, representations, and understandings.

No Assignment: You may not assign, delegate, or transfer your rights or obligations under these Terms without QR Pay Africa’s prior written consent. QR Pay Africa may assign these Terms or any rights hereunder without restriction, including in connection with a merger, acquisition, or sale of assets.

Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

Relationship of the Parties: These Terms do not create a joint venture, partnership, employment, or agency relationship between you and QR Pay Africa.

 

28. TERMINATION AND ACCOUNT CLOSURE

A. Termination by QR Pay Africa

We may suspend or terminate your access to the Services at any time, with or without cause, including for:

• Violation of these Terms or our Acceptable Use Policy
• Failure to pass KYC or AML verification
• Fraudulent, suspicious, or illegal activity
• Regulatory or legal requirement
• Extended account inactivity (dormancy), subject to applicable law

 

Where practicable and not prohibited by law, we will provide 30 days’ notice before termination. In cases of suspected fraud or legal violation, termination may be immediate without prior notice. You have a 30-day right to appeal material account actions as described in Section 10(C).

B. Termination by You

You may close your Account at any time by contacting support@qrpayafrica.com or using the Account closure process in the app. Account closure will be processed within 30 days of your request. Pending Transactions and regulatory hold periods may delay final closure and fund release.

C. Effect of Termination

Termination does not affect any accrued rights or obligations. The following provisions survive termination: Sections 12 (Data Protection), 13 (Compliance), 18 (IP), 23 (Limitation of Liability), 24 (Indemnification), 25 (Representations), 27 (Miscellaneous), 29 (Arbitration), and 30 (Governing Law). Any outstanding Transactions will be completed or refunded in accordance with applicable law.

 

29. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES.

 

A. Agreement to Arbitrate

Except as described below, you and QR Pay Africa agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or any Transaction (“Disputes”) shall be resolved exclusively through binding individual arbitration, rather than in court. This applies to disputes with QR Pay Africa’s affiliates, officers, directors, and employees, who are intended third-party beneficiaries of this arbitration agreement.

B. Class Action Waiver

ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE YOUR RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST QR PAY AFRICA.

 

If any provision of this class action waiver is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. In no case will there be a class or representative arbitration.

C. Exceptions to Arbitration

The following Disputes are excluded from arbitration:

• Claims that qualify for small claims court in your jurisdiction
• Claims by either party for emergency injunctive or equitable relief to prevent irreparable harm (e.g., to protect IP rights or prevent ongoing fraud)
• Government enforcement actions
• Claims by California residents for public injunctive relief under the CCPA/CPRA or other California consumer protection statutes that cannot be waived

D. Pre-Arbitration Dispute Resolution

Before initiating arbitration, you and QR Pay Africa agree to engage in a 30-day good-faith informal dispute resolution process. You may initiate this process by emailing legal@qrpayafrica.com with your name, contact information, a description of the dispute, and your proposed resolution. This process is a condition precedent to arbitration.

E. Arbitration Procedure

Arbitration shall be conducted under the rules of the Nairobi Centre for International Arbitration (NCIA) for disputes governed by Kenyan law, or the American Arbitration Association (AAA) Consumer Arbitration Rules for disputes brought by U.S. consumers. The arbitrator shall have the same power to award individual relief as a court. The arbitration will be conducted in English, in Nairobi or by video conference.

F. Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@qrpayafrica.com within 45 days of first using the Services or accepting these Terms, whichever is later. Your opt-out notice must include your full name, email address, and Account information. Opting out will not affect any other aspect of these Terms. If you opt out, disputes will be resolved in the courts described in Section 30.

 

30. DISPUTE RESOLUTION AND GOVERNING LAW

A. Governing Law

These Terms and all Disputes arising hereunder are governed by the laws of Kenya, without regard to conflict of law principles. Where Disputes arise under applicable U.S. federal law (including EFTA/Regulation E, GLBA, FCRA, FTC Act, CFPA, or the Dodd-Frank Remittance Transfer Rule), the provisions of such federal law shall apply and may not be contractually displaced.

B. Jurisdiction

• Kenyan users: The courts of competent jurisdiction in Nairobi, Kenya have exclusive jurisdiction for disputes not subject to arbitration.
• EU/EEA users: Data protection and consumer rights are governed by the GDPR and applicable national laws. You may enforce rights in your local courts subject to GDPR protections.
• U.S. users: For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the federal or state courts located in the jurisdiction of QR Pay Africa’s principal place of business, or, if required by applicable law, in your local court of competent jurisdiction.
• Other jurisdictions: Applicable local mandatory consumer protection law applies where it cannot be displaced by contract.

C. Consumer Rights Preservation

Nothing in these Terms limits any right you have under applicable mandatory consumer protection law that cannot be waived by contract, including rights under the Dodd-Frank Act, Regulation E, CCPA/CPRA, or applicable CFPB or FTC regulations.

31. AMENDMENTS AND NOTICES

QR Pay Africa may modify these Terms for legal, regulatory, or business reasons. We will provide:

• 30 days’ advance written notice for material changes, via in-app notification, email, or website posting
• Immediate notice for changes required by law or regulatory action, with the change effective as required
•  

Your continued use of the Services after the effective date of a change constitutes acceptance of the updated Terms. If you do not accept a material change, you may close your Account prior to the effective date. Any Dispute that arose before the effective date of a change shall be governed by the Terms in effect at the time the Dispute arose.

Notices to you will be sent to the email address or mobile number associated with your Account, or through in-app notification. Notices are effective upon delivery. You are responsible for keeping your contact information current.

 

32. MISCELLANEOUS

Interpretation: In these Terms, “including” means “including without limitation.” References to statutes include all amendments and successor statutes. In the event of a conflict between these Terms and any Additional Terms for a specific Service, the Additional Terms shall govern with respect to that Service only.

Language: These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict between the English version and a translation, the English version prevails.

Regulatory Filings: To the extent QR Pay Africa is required by applicable law to file these Terms or any related agreement with a regulatory authority, we will do so. Our regulatory filings do not limit or modify these Terms.

Export Controls: You may not use or export the Services in violation of U.S. export laws and regulations, including the Export Administration Regulations (EAR) and OFAC regulations.

33. CONTACT INFORMATION

For questions about these Terms, to exercise your rights, or to report issues with the Services:

General Support:

Email: support@qrpayafrica.com

Website: https://qrpayafrica.com

 

Legal / Compliance:

Email: legal@qrpayafrica.com

 

Data Protection / Privacy:

Email: privacy@qrpayafrica.com

Privacy Portal: www.qrpayafrica.com/privacy-request

 

Compliance / Fund Hold Appeals:

Email: compliance@qrpayafrica.com

 

Regulatory Authorities:

• Kenya: Central Bank of Kenya (CBK) — www.centralbank.go.ke
• Kenya: Office of the Data Protection Commissioner (ODPC) — www.odpc.go.ke
• United States (Federal): CFPB — www.consumerfinance.gov | FTC — www.ftc.gov
• United States: OFAC — www.treasury.gov/ofac
• California: California Privacy Protection Agency (CPPA) — www.cppa.ca.gov