Terms and Conditions | Awi

Terms and Conditions

“AwiPay” is a financial services product offered by AwiMoney Payment Services, LTD., referenced in this document as AwiPay or AwiPay services. AwiPay through merchant and partner relationship provides its services via a mobile application and via website (AwiPay.com). Please read this Awipay terms and conditions carefully. By using AwiPay services, you agree to these conditions which shall take effect upon the registration of an AwiPay account.

1. Service Terms

AwiMoney Payment Services, LTD (AwiPay) as an authorized Merchant of NCB (National Commercial Bank Jamaica Lt.) NCB provides Mobile Money products and services including use of Mobile Money as payment for goods & services through NCB’s Services provider QUISK to AwiPay users.?

We offer a wide range of Services, and sometimes additional terms may apply. When you use an AwiPay Service (for example, Your Profile, Reward and Earn features, Bill Pay or any of the current or future AwiPay applications), you also agree to be subject to the guidelines, terms and agreements applicable to that AwiPay Service. AwiPay will advise the User about the introduction of new features and any change in terms and conditions. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

2. AwiPay Mobile Money Services

AwiPay facilitates financial services including peer-to-peer transfers with other registered users, bill payments, crediting and debiting of the users Mobile Money Account in QUISK and making payments at QUISK Branches and point of sale terminals of participating Merchants island wide. Additionally, through the app we connect to AwiMarketplace, where buyers and sellers engage together to enable sales transactions.

3. PRIVACY

To understand our privacy policy practices please review our Privacy Notice which governs your use of AwiPay Services at www.AwiPay.com/Privacy

4. APPLICATION USE GUIDELINE & SIGNUP POLICIES

An AwiPay services user must be 18 years and above to open an AwiPay Account. A parent or guardian of a minor may open an AwiPay account on behalf of a minor.

  • 4.1. The user is required to fill out and sign an application form to use AwiPay. When making an on-line application, signifying acceptance of this Agreement and or the application form online has the same effect as a written signature.
  • 4.2. AwiPay may decline the user’s application at its sole discretion.
  • 4.3. KNOW YOUR CUSTOMER
    The following KYC requirements are applicable to all AwiPay Users.
    Name,
    Gender,
    Date of Birth,
    Country of birth and Nationality,
    Taxpayer Registration Number (TRN),
    Phone Number,
    Valid photo ID card (Passport, Driver’s License or National Identification)
    Proof of Occupation/Line of Business,
    Source of Funds, and proof of address are types of information that may also be required.

    The list mentioned above is not exhaustive and additional information may be required.

    Awipay may not require the user to provide the information again to utilize additional affiliated solutions. However, In some cases AwiPay may ask for additional information for security reasons or to provide specific services. The following additional KYC information may also be requested:

    AwiPay is obliged by law to regularly update personal particulars, such as a current residential address and contact information. AwiPay may contact the user from time to time in this regard.

  • 4.4. Where Awipay collects documentation and/or KYC Information the user acknowledges and agrees that this information may be shared with any service provider that facilitates the Services.
  • Where an Agent collects documentation and/or KYC Information, the user acknowledges and agrees that this information will be collected and shared with Awipay and any service provider that facilitates the Services.

  • 4.5. Each user can have only one AwiPay Account which is linked to only one mobile number.
  • 4.6. The user must maintain an active mobile telephone number that can receive and send SMS messages.
  • 4.7. Upon registering for AwiPay user will generate a username and password for the AwiPay Account.
  • 4.8 After username and password is created an OTP verification code will be provided to the user to gain access to Awipay and its functionality. Awipay requires an OTP authentication.

5. OTHER CHARGES AND ESTABLISHED FEES

The user is required to pay the established fees (plus any applicable government taxes) that are applicable to transactions using an AwiPay account. Fees and taxes are non-refundable. Fee schedules are available on the AwiPay app and AwiPay website and by contacting Support@AwiPay.com.
AwiPay reserves the right to change the fees or modify the fee structure from time to time.

  • 5.1. Normal SMS charges or other charges for services (if applicable) may be applied by the mobile telephone operators. These charges are in addition to any fees charged by AwiPay.
  • 5.2. The user hereby authorizes Awipay to debit the AwiPay Account with the fees charges or taxes applicable to the Services from time to time.
  • 5.3. It is the user’s responsibility to pay any taxes that apply to any transactions and are not included in the cost of the transaction. User agrees to indemnify and hold Awipay harmless from and against any claim arising out of the user’s failure to do so.
  • 5.4. Where there is insufficient balance in the AwiPay Account to cover the applicable fees for a transaction that transaction may be invalidated.
  • 5.5. Any costs arising from a transaction or action by the user on a AwiPay Account that triggers a malfunction of the system and requires a technical intervention, may be charged to the user.
  • Transaction Fees

    1. Cost to use AwiPay

    • • There is no cost to sign up and become a member of AwiPay.
    • • There are fees associated with transactions completed through AwiPay:
Load
Digital Wallet Load(Jamaica)
Credit Card Load(Caribbean & Central America)
Account to Account Load(Jamaica)
Description
Use your digital wallet to load your AwiPay Account.
Use your Credit Card to load your AwiPay Account.
Send or Request funds from friends, family members or employees to load your AwiPay Account to pay your bills on time.
Convenience fees, are applied to the user
2.7%
4%
1%
Items
Digital Bill Payment fee (When using funds from an AwiPay account)
Account to Account Transaction fee (When using funds from an AwiPay account)
Description
Pay your Bills in seconds from anywhere you are in seconds via your cell phone
Send, family, friends and employees funds from anywhere you are in seconds via your cell phone
Convenience fees, are applied to the user
$100JM Per Bill Pay
1% of the amount sent

TRANSACTIONS

  • 5.6. The user accepts that the transactions effected on their AwiPay account are subject to such other terms and conditions as may be applicable from time to time. These are available on the Website or from Support@AwiPay.com
  • 5.7. While AwiPay will make every reasonable attempt to provide the services in accordance with its marketing and educational materials, AwiPay provides the Services “as is” and without any warranties.
  • 5.8. Each transaction will be identified by a Transaction ID which is used to track and identify all transactions carried out on the AwiPay platform. This number is important for a variety of uses, including dispute/complaint resolution.
  • 5.9. The user must authorize transactions through the use of a secret PIN, which is created at registration, or by such other method as Awipay may prescribe from time to time.
  • 5.10. Once a transaction has been made final by a user it cannot be reversed or cancelled
  • 5.11. When a transaction is initiated and confirmed, the user agrees to be bound by and pay for that transaction. The user acknowledges that all information provided (including inputted account or phone numbers) are accurate.
  • 5.12. The user may not withdraw, transfer or make any payments that together exceed any of the per transaction or daily limits. Should an attempt be made to exceed any applicable limits, Awipay reserves the right to decline the transaction. Awipay may vary the limits from time to time.

All payments will be processed in Jamaican Dollar currency (JMD).

6. GUIDELINES OF SECURITY AND GUIDANCE AGAINST UNAUTHORIZED USE

  • 6.1. The User acknowledges that the PIN selected acts as an authorized signature and authorizes and validates instructions given just as an actual written signature does.
  • 6.2. The User should ensure that no one can see them physically inputting the PIN. The PIN should not be written anywhere. The User is responsible for maintaining the confidentiality of a PIN and agrees not to disclose the PIN to anyone, including any Agent or employee of Awipay or anyone claiming to represent AwiPay or our support personnel or to someone giving assistance on a technical helpdesk in connection with the service. AwiPay employees do not need a User’s PIN for any reason whatsoever.
  • 6.3. A User who allows a third party to have access to a PIN does so at their own risk. Where a User allows a third party to have access to the PIN and the AwiPay account is compromised, AwiPay is not liable for any loss suffered by the User.
  • 6.4. AwiPay shall not be held liable for any loss incurred by information disclosed/exchanged when carrying out an instruction from a User in respect of transactions between an AwiPay Account and linked bank account, and AwiPay is fully indemnified and held harmless by the User in the same respect.
  • 6.5. The User is responsible for protecting their Mobile Phone, devices or computer against computer viruses and other malware when they are used to access the Website and or their AwiPay Account. AwiPay is not liable for any computer program or code, virus or malware and the User indemnifies AwiPay against any claims made in this regard.

7. STATEMENTS AND TRANSACTION RECORDS.

  • 7.1. The User can use their Mobile Phone to access a balance on their Account or alternatively the statement can be viewed on the Website.
  • 7.2. Transactions that are over seven (7) days old cannot be queried and the User hereby waives the right to dispute any transactions reflected on the statement, recover any losses from unauthorized transactions reflected on the statement, or make any claim against AwiPay in relation to a transaction that is over 7 days old.

8. SUSPENSION OF THE MOBILE ACCOUNT / CLOSURE OF ACCOUNT

  • 8.1. AwiPay may suspend, restrict, or terminate the provision of these Services (in whole or in part) and or close the AwiPay Account without any liability whatsoever under the following circumstances:
    • 8.1.1. Upon receiving a written request from the User at any time, AwiPay will close the AwiPay Account.
    • 8.1.2. If the User notifies AwiPay that a Mobile Phone has been lost or stolen or a PIN has been compromised, AwiPay will suspend or close the relevant AwiPay Account.
    • 8.1.3. If AwiPay suspects that a User’s AwiPay Account is being used fraudulently, negligently or for illegal activities or if AwiPay must do so to comply with the law, AwiPay may close the AwiPay Account, restrict activity on the account or suspend access to the account.
    • 8.1.4. If, in AwiPay’s sole judgment, if its reputation and, or integrity is affected in an adverse manner by actions by the User AwiPay may close the AwiPay Account, restrict activity on the account or suspend access to the account.
    • 8.1.5. If AwiPay believes that the User, is in breach of this Agreement, has provided AwiPay with incorrect or false information, is trying to compromise AwiPay’s systems, is unreasonably interfering with any Services provided, is using the AwiPay Account fraudulently or abusively, or for any other purpose in protection of AwiPay’s interests, AwiPay may close the AwiPay Account.
    • 8.1.6. USER ACCOUNT AND PIN When you create a Awipay Account, upon completing Awipay’s registration process, Awipay will send an SMS message to your mobile telephone with your temporary Personal Identification Number (“PIN”). You are responsible for deleting the SMS message, changing your PIN to one of your choice, and maintaining the confidentiality of the PIN. You are fully responsible for all activities that occur under your PIN or account. You agree to notify us immediately of any unauthorized use of your PIN or account or any other breach of security, and to ensure that you sign out at the end of each session. Awipay is not liable to you for any loss or damage arising from your failure to comply with this Section.
    • 8.1.7. If an incorrect PIN is entered on three (3) consecutive occasions, AwiPay will suspend access to the AwiPay App. The User will be required to contact AwiPay’s support center to request access at Support@AwiPay.com.
    • 8.1.8. If AwiPay suspects that the mobile telephone number linked to a Mobile Money Account is not active.
    • 8.1.9. AwiPay uses server firewalls and encryption to keep account information safe during transmission and in storage. AwiPay also uses automated and social measures to enhance security, such as analyzing account behaviour for fraudulent or otherwise anomalous behaviour. These may terminate or limit use of AwiPay Services in response to possible signs of abuse.

9. The User may terminate this agreement and AwiPay Account by giving notice via Support@AwiPay.com or submission of a written letter. Upon verification, the AwiPay Account will be suspended, updated and closed thereafter.

10. AwiPay will not be responsible for any direct, indirect, consequential or special damages arising from any act or omission by the User or any third party to whom the User is responsible, whether arising in contract, tort or statute, as a result of the account suspension or closure in accordance with this Clause.

11. In any case where any AwiPay Account is closed for any reason and the account has a balance of funds, AwiPay may credit or make the balance available for withdrawal through third party account such as PayPal or Quisk.

 

12. FAILURE OR MALFUNCTION OF EQUIPMENT

  • 12.1. AwiPay is not responsible for any loss arising from any failure, malfunction, or delay in any point of sale terminal, mobile phone network, Mobile Phones, the internet or terminals or any of its supporting or shared networks.
  • 12.2. The address supplied by the User on the application form is the address where notices may be given. Alternatively, where an email address or mobile phone number is provided on the application form, AwiPay is entitled to send any notice to that email address or by SMS message to that mobile number both as amended from time to time.
  • 12.3. Any correspondence that AwiPay sends by post will be deemed to have arrived within seven (7) days of posting and any correspondence AwiPay sends email or SMS will be deemed to have arrived on the day that it was sent.
  • 12.4. AwiPay is entitled to send information to the User via SMS to the contact mobile phone number supplied by the User on the application form and as amended from time to time. The address supplied by the User on the application form, or any other address which AwiPay may have for the User, is the address where documents in legal proceedings may be served.
  • 12.5. AwiPay’s address for notices is as follows:
    CONTACT
    AwiMoney Payment Services, LTD
    General Manager
    4 North Avenue,
    Kingston Gardens, Kingston 4.
    876-948-6795

13. PREVENTION OF ILLEGAL ACTIVITY

  • 13.1. The User agrees and confirms that the AwiPay Account will not be used for any illegal activity including money laundering or to violate any law related to money laundering.
  • 13.2. The User consents to AwiPay carrying out identity and fraud prevention checks and sharing information relating to this application with the Jamaican Police or any fraud prevention, law enforcement or security agency.
  • 13.3. The User consents to AwiPay providing details to the Jamaican Police or any fraud prevention, law enforcement or security agency, of any conduct on your AwiPay Account that gives reasonable cause to suspect that the account is being used for improper purposes.
  • 13.4. AwiPay reserves the right to use its discretion in disclosing details of any payments associated with the User to third parties including payment source issuers, law enforcement agencies, and/or impacted third parties.
  • 13.5. AwiPay reserves the right to demand an explanation regarding any transaction where money laundering or illegal activities are suspected. As stated above in this document when the User accesses their AwiPay Account from a computer, mobile phone, or other device, AwiPay may collect information from that device, including browser type, location, and IP address, as well as the pages visited .

14. DISPUTES AND REVERSALS

  • 14.1. If it is believed that an unauthorized or otherwise problematic transaction has taken place on an AwiPay Account, the User agrees to notify AwiPay immediately.
  • 14.2. The User is responsible for and agrees to indemnify AwiPay for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by AwiPay (including costs and related expenses) caused by or arising from payments that the User authorized or accepted.
  • 14.3. If the User enters into a transaction with a third party and has a dispute over the goods or services purchased, AwiPay has no liability for such goods or services.
  • 14.4. AwiPay has no obligation to intervene in disputes between users concerning payments.
  • 14.5. The User should resolve any dispute that it may have with another user or Merchant directly. Notwithstanding any dispute between Users and or Merchants AwiPay has the right to recover the applicable fees charges and taxes for the disputed transaction.
  • 14.6.The Users only remedy for a technical failure or interruption of service is to request that the transaction be completed at a later time.

15. GENERAL

  • 15.1. AwiPay reserves the right to, at any time, to amend the terms of this Agreement by notice.
  • 15.2. The User acknowledges and agrees that this agreement will be regarded as having been entered into in Jamaica and any breach of this agreement will be considered as having taken place within the Jurisdiction of the Courts of Jamaica. This Agreement is governed by the laws of Jamaica and is subject to the exclusive jurisdiction of the Courts of Jamaica.
  • 15.3. The User must notify AwiPay if they are under an administration order, sequestration or any other form of insolvency.
  • 15.4. AwiPay will not be responsible for any indirect consequential or special damages arising from any act or omission by the User or any third party for whom the User is responsible for and whether arising in contract, statute or tort.
  • 15.5. Any abusive and/or fraudulent usage of an AwiPay Account and any false declaration may be punishable under the laws of Jamaica.
  • 15.6. All copyright, trademark and other intellectual property rights used as part of the service or contained on AwiPay’s documents are owned by AwiPay or its licensors. The User agrees that they acquire no rights thereto. When deemed necessary and as provided for in this agreement AwiPay may retain the details of transactions or payments made via a AwiPay Account after the transaction is completed. This information may be shared with AwiPay subsidiaries or with other companies affiliated through business practices and may be utilized by those companies to offer products and services to the User. Other than as provided for in this Agreement, this information will only be made available to third parties if required by law.
  • 15.7. A claim on the funds of a deceased/unfit User’s AwiPay Account would be subject to provision of required documentation as required by law.
  • 15.8. AwiPay and the User shall use their best efforts to amicably settle all disputes arising out of or in connection with the performance or interpretation of this Agreement.
  • 15.9. The terms of this Agreement shall be in addition to and not instead of the regulations, circulars, orders, notifications, directions, or instructions issued by the Bank of Jamaica from time to time. If any part of this Agreement, clause, or portion of a clause, in this Agreement is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of this Agreement shall continue to be in full effect.

16. ELECTRONIC COMMUNICATIONS

When you use AwiPay Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other AwiPay Services. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. COPYRIGHT

All content included in or made available through any AwiPay service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AwiPay or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through any AwiPay service is the exclusive property of AwiPay and protected by U.S., Jamaican and international copyright laws.

 

18. TRADEMARKS

  • 18.1. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AwiPay Service are trademarks or trade dress of AwiPay in Jamaica, the U.S. and other countries. AwiPay’s trademarks and trade dress may not be used in connection with any product or service that is not AwiPay’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits AwiPay. All other trademarks not owned by AwiPay that appear in any AwiPay Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AwiPay.

19. LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, AwiPay or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AwiPay Services.

This license does not include any resale or commercial use of any AwiPay Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AwiPay service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AwiPay or its licensors, suppliers, publishers, rightsholders, or other content providers. No AwiPay service, nor any part of any AwiPay Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AwiPay. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AwiPay without express written consent. You may not use any meta tags or any other “hidden text” utilizing AwiPay’s name or trademarks without the express written consent of AwiPay. You may not misuse the AwiPay Services. You may use the AwiPay Services only as permitted by law. The licenses granted by AwiPay terminate if you do not comply with these Conditions of Use or any Service Terms.

20. YOUR ACCOUNT

You may need your own AwiPay Account to use certain AwiPay Services, and you may be required to be logged in to the account and have a valid payment method associated with your AwiPay Account. If there is a problem charging your selected payment method, you may chose other valid payment method associated with your account.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

21. CHILDREN’S PRIVACY

AwiPay complies with the requirements of the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission’s Rule interpreting COPPA (16 C.F.R. § 512). Our App and Web services are not directed at children under the age of 18. AwiPay does not knowingly collect or maintain personal information from persons under 18 years of age.

AwiPay does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AwiPay Services only with involvement of a parent or guardian.

22. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AwiPay reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant AwiPay a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AwiPay and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AwiPay for all claims resulting from content you supply. AwiPay has the right but not the obligation to monitor and edit or remove any activity or content. AwiPay takes no responsibility and assumes no liability for any content posted by you or any third party.

23. INTELLECTUAL PROPERTY COMPLAINTS

AwiPay respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

24. RISK OF LOSS

All purchases of physical items from AwiPay are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

25. PRODUCT DESCRIPTIONS

AwiPay attempts to be as accurate as possible. However, AwiPay does not warrant that product descriptions or other content of any AwiPay Service is accurate, complete, reliable, current, or error-free. If a product offered by AwiPay itself is not as described, your sole remedy is to return it in unused condition.

26. PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on AwiPay and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on AwiPay.

With respect to items sold by AwiPay, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by AwiPay is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, until we make the product available to you.

27. APP PERMISSIONS

When you use apps created by AwiPay, such as the AwiPay App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

28. SANCTIONS AND EXPORT POLICY

You may not use any AwiPay service if you are the subject of Jamaican. sanctions or of sanctions consistent with law imposed by the governments of the country where you are using AwiPay services. You must comply with all Jamaican or other export and re-export restrictions that may apply to goods, software (including AwiPay Software), technology, and services.

29. OTHER BUSINESSES

Parties other than AwiPay operate stores, provide services or software, or sell product lines through the AwiPay services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from AwiPay. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). AwiPay does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

30. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE AWIPAY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AwiPay SERVICES ARE PROVIDED BY AwiPay ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AwiPay MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AwiPay SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AwiPay SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AWIPAY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, AwiPay DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AWIPAY DOES NOT WARRANT THAT THE AWIPAY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AWIPAY SERVICES, AWIPAY’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AWIPAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AwiPay WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AwiPay SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AwiPay SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

31. DISPUTES

Any dispute or claim relating in any way to your use of any AwiPay Service, or to any products or services sold or distributed by AwiPay or through AwiPay.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Jamaican Arbitration Act will apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a certified return receipt letter requesting arbitration and describing your claim to:
AwiMoney Payment Services, LTD
General Manager
4 North Avenue,
Kingston Gardens, Kingston 4.
876-948-6795

The arbitration will be conducted under applicable rules related to Alternative dispute resolution techniques guided by the Jamaican Arbitration rules, including Jamaican law for supplementary procedures for Consumer-Related Disputes.

The rules are available at https://moj.gov.jm/dispute-resolution-foundationor by calling (876) 906-2456; 908-3657 or by visiting http://www.drfja.org/ Payment of all filing, administration and arbitrator fees will be governed by the rules deployed by the government of Jamaica.

We will reimburse those fees for claims totaling less than JA$10,000 unless the arbitrator determines the claims are frivolous. Likewise, AwiPay will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

32. APPLICABLE LAW

By using any AwiPay Service, you agree that the Jamaican Arbitration Act, applicable law, and the laws of the country of Jamaica without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between user and AwiPay.

33. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site (AwiPay.com/Policies). These policies also govern your use of AwiPay Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS:
AwiPay Money Services, LTD
4 North Avenue, Kingston Gardens, Kingston 4.
Mobile number 876-948-6795
https://www.AwiPay.com

ADDITIONAL AwiPay SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with AwiPay Services (the “AwiPay Software”).

Use of the AwiPay Software.
You may use AwiPay Software solely for purposes of enabling you to use the AwiPay Services as provided by AwiPay, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the AwiPay Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the AwiPay Software in whole or in part. All software used in any AwiPay Service is the property of AwiPay or its software suppliers and is protected by United States and international copyright laws.

Use of Third-Party Services.
When you use the AwiPay Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the AwiPay Software, whether in whole or in part.

Updates. We may offer automatic or manual updates to the AwiPay Software at any time and without notice to you.

34. Conflicts.

In the event of any conflict between these Conditions of Use and any other AwiPay or third-party terms applicable to any portion of AwiPay Software, such as open-source license terms, such other terms will control as to that portion of the AwiPay software and to the extent of the conflict.

35. HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

AwiPay accepts service of subpoenas or other legal process only through AwiMoney Payment Services, LTD (AwiPay). Subpoenas or other legal process may be served by sending them to AwiPay at the following address:

AwiMoney Payment Services, LTD
4 North Avenue, Kingston Gardens, Kingston 4.
Mobile number 876-948-6795
https://www.AwiPay.com

Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and complete description of issue, as well as, the transaction ID number provided for the purchase. The contact information, e-mail, and physical address of a seller for seller information; device serial number for AwiPay devices; and IP address and complete time stamps.

36. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using Copyrightclaim@Awipay.com email address. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent
AwiMoney Payment Services, LTD
4 North Avenue, Kingston Gardens, Kingston 4.
Mobile number 876-948-6795
Email: Copyrightclaim@AwiPay.com

Courier address:
Copyright Agent
AwiMoney Payment Services, LTD
4 North Avenue, Kingston Gardens, Kingston 4.

Written claims concerning copyright infringement must include the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.