JuniPay

Terms of Use

By using this website (www.junipayments.com), any of our websites and/or services, you agree to these Terms of Use. The website Privacy Policy, Acceptable Use Policy and Merchant Terms of Service (where applicable) are incorporated by reference into these Terms of Use.

About Us

JuniPay (“we”, “us” or “our”) is an online payment gateway that makes it easy for merchants to accept credit and debit card payments online from users or customers.

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.

This Terms of Use is an agreement between you and JuniPay. It details JuniPay’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

This Terms of Use is an agreement between you and JuniPay. It details JuniPay’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

Privacy Policy

JuniPay is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.... Age Restriction Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.

Disputes & Reversal If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us take action to help prevent financial loss.

All claims against us related to payments should be made within 45 (forty-five) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment gateway.

We may intervene in disputes between users and merchants concerning payments but have no obligation to do so.

Your transaction ID and/or transaction details will be required to resolve all disputes

Acceptable Use Policy You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using JuniPay, you agree to comply with the terms and conditions of our Acceptable Use Policy which you can read on our Acceptable Use Policy page.

Disclaimers WE TRY TO KEEP JUNIPAY AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUNIPAY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM JUNIPAY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "JUNIPAY PARTIES") SHALL CREATE ANY WARRANTY.

Limitation of Liability IN NO EVENT WILL ANY OF THE JUNIPAY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TWENTY THOUSAND UNITED STATES DOLLARS (US$20,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH JUNIPAY’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF JUNIPAY’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any JuniPay Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the JuniPay’s Party's liability shall be the minimum permitted under such applicable law.

Updates, Modifications & Amendments We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately.

Applicable Law These Terms of Use shall be interpreted and governed by the laws currently in force in the Republic of Ghana.

Legal Disputes We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Ghana High Court. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the Ghana High Court. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Accra, Ghana.

Severability If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

Terms of Service

By signing up for an account on this website (www.junipayments.com), any of our websites and/or services, you are deemed a merchant and agree to these Merchant Terms of Service (the “Agreement”).

PLEASE READ THESE MERCHANT TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP AS A MERCHANT. If you do not agree to any or all of these Terms of Service, DO NOT USE THIS SITE!

About Us

Agreement

These Merchant Terms of Service is an agreement between you and JuniPay. It details JuniPay’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services. Registration ... To use JuniPay, you have to create a JuniPay account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You give us permission to do all these.

Change of Information

In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs you agree to notify us within 14 days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us

Representation and Warranties

You represent and warrant to JuniPay that:

you have full power and authority to enter into, execute, deliver and perform this Agreement;

you are duly organized, authorized and in good standing under the laws of the Republic of Ghana or any state, region or country of your organization and are duly authorized to do business in all other states, regions or countries in which your business operates.

Age Restriction

Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.

Account Security

You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, JuniPay will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access JuniPay’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access JuniPay’s services and not sharing your device with other people).

Data Compliance

You agree to comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard (PCI DSS Requirements”) and under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage and disclosure of user information. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.

We are responsible for the security and protection of Card Holder Data (CHD) we collect and store. Accordingly, we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure that CHD is kept safe and secure on our servers, in compliance with the PCI DSS Requirement. We also implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.

We acknowledge that you own all your customers’ data. You hereby grant JuniPay a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes:

providing and improving our services;

internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data;

complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and

any other purpose for which consent has been provided by your customer.

Software License

We hereby grant you a revocable, non-exclusive, non-transferable license to use JuniPay’s APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the JuniPay’s services. If you do not comply with the documentation and any other requirements provided by JuniPay, then you will be liable for all resulting damages suffered by you, JuniPay and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.

Trademark License

We hereby grant you a revocable, non-exclusive, non-transferable license to use JuniPay’s trademarks used to identify our services (the “Trademarks”) solely in conjunction with the use of our services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to JuniPay (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of all of the Trademarks.

Intellectual Property We do not grant any right or license to any JuniPay intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement.

Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.

Publicity

You hereby grant JuniPay permissions to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. Such Publicity does not imply an endorsement for your products and services.

Confidential Information

The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

Know Your Customer

You agree that, you are solely responsible for verifying the identities of your customers, ensuring that they are authorized to carry out the transactions on your platform, and determining their eligibility to purchase your products and services.

You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide JuniPay with these.

Card Network Rules

Each card network has its own rules, regulations and guidelines. You are required to comply with all applicable Network Rules that are applicable to merchants. You can review portions of the Network Rules at Mastercard, Visa, Verve and other payment cards. The Card Networks reserve the right to amend the Network Rules.

Customer Payments

You may only process payments when authorized to do so by your customer. We will only process transactions that have been authorized by the applicable Card Network or card issuer.

We do not guarantee or assume any liability for transactions authorized and completed that are later reversed or charged back (see Chargebacks below). You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. JuniPay may add or remove one or more payment types or networks at any time. If we do so we will use reasonable efforts to give you prior notice of the removal.

Our Fees & Pricing Schedule

You agree to pay us for the services we render as a payment gateway for your goods and services. Our Fees will be calculated as demonstrated on the Pricing page on the website and can be calculated on the same page using the “little calculator” we provided. The Fees on our Pricing page is integral to and forms part of this Agreement.

We reserve the right to revise our Fees. In the event that we revise our fees we will notify you within 5 days of such change.

Payouts

Subject to the terms of this Agreement, JuniPay will send to your designated bank or card settlement account (“Bank Account”) all amounts settled and due to you from your transactions, minus our fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that you owe to JuniPay under this Agreement (“Payout”). If the Payout is not sufficient to cover the amounts due, you agree that we may debit your Bank Account for the applicable amounts, and/or set-off the applicable amounts against future Payouts. Upon our request, you agree to provide us with all necessary bank account and related information and grant us permission to debit amounts due from your Bank Account.

After transfer of funds is initiated to your Bank Account, we will update information on your JuniPay Dashboard to reflect settlement. Information regarding your transactions that are processed and settled using JuniPay (“Transaction History”) will be available to you when you login to your JuniPay Dashboard. While we will provide Transaction History in your JuniPay Dashboard, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your JuniPay account as may be required for your business. JuniPay is not responsible for maintaining Transaction History or other records in a manner consistent with your record retention obligations.

Payout Schedule Your Payout Schedule, which is the time it takes us to initiate a transfer to your Bank Account settled funds from card transactions processed through us is on your JuniPay Dashboard. We reserve the right to change your Payout Schedule, suspend payouts to your Bank Account or initiate a Reversal should we deem it necessary due to pending disputes, excessive or anticipated excessive Chargebacks or Refunds, or other suspicious activity associated with your use of JuniPay, or if required by law or court order.

How we handle your Funds You authorize and instruct JuniPay to hold, receive, and disburse funds on your behalf when such funds from your card transactions settle from the Card Networks. By accepting this Agreement, you further authorize JuniPay on how your card transaction settlement funds should be disbursed to you as Payouts and the timing of such Payouts.

You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by JuniPay pending settlement and Payout to your Bank Account.

Settlement funds will be held in a deposit account at JuniPay pending Payouts to you in accordance with the terms of this contract. We may periodically make available to you information about pending settlements yet to be received from the Card Networks.

Your authorizations will remain valid and be of full effect until your JuniPay Account is closed or terminated.

Security and Fraud Controls JuniPay is responsible for protecting the security of Payment Data including CHD in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. Although, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. We will however take all reasonable and commercially achievable measures to address any security breach as soon as we become aware. You agree to use other procedures and controls provided by us and other measures that are appropriate for your business to reduce the risk of fraud.

In the event that you suspect any fraudulent activity by a customer, you agree to notify JuniPay immediately and quit the delivery of the service. In addition, where we suspect that there have been frequent fraudulent transactions on your account, we reserve the right to cancel our service to you and/or your account

Notification of Errors You agree to notify us immediately any error is detected while reconciling transactions that have occurred using JuniPay. We will investigate and rectify the errors where verified. In the event that we notice any errors, we will also investigate and rectify such errors.

Where we owe you money as a result of such errors, we will refund the amounts owed to you by a bank transfer to your Bank Account.

If a transaction is erroneously processed through your platform, report to us immediately. We will investigate any such reports and attempt to rectify the errors by crediting or debiting your Bank Account as appropriate.

Failure to notify us within 45 (forty-five) days of the occurrence of an error will be deemed a waiver of your rights to amounts that are owed to you due to an error.

Chargebacks

A Chargeback usually happens when a customer files directly with or disputes through his or her credit or debit card issuer a payment on their bill. It may result in the reversal of a transaction. You may be assessed Chargebacks for (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with Card Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines and liability we incur arising out of that Chargeback and agree that we may recover these amounts by debiting your Bank Account. Where these amounts are not recoverable through your Bank Account, you agree to pay all such amounts through any other means

Reserves

In our sole discretion, we may place a Reserve on a portion of your Payouts by holding for a certain period such portion where we believe there is a high level of risk associated with your business. If we take such steps, we will provide you with the terms of the Reserve which may include the percentage of your Payouts to be held back, period of time and any other such restrictions that JuniPay may deem necessary. Where such terms are changed, we will notify you. You agree that you will remain liable for all obligations related to your transactions even after the release of any Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks and other adjustments.

To secure your performance of this Agreement, you grant JuniPay a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.

Refunds

You agree that you are solely responsible for accepting and processing returns of your products and services. We are under no obligation to process returns of your products and services, or to respond to your customers’ inquiries about returns of your products and services. You agree to submit all Refunds for returns of your products and services that were paid for through JuniPay to your customers in accordance with this Agreement and relevant Card Network Rules.

Termination You may terminate this Agreement by closing your JuniPay Account.

We may suspend your JuniPay Account and your access to JuniPay services and any funds, or terminate this Agreement, if;

you do not comply with any of the provisions of this Agreement;

we are required to do so by a Law;

we are directed by a Card Network or issuing financial institution; or

where a suspicious or fraudulent transaction occurs

Restricted Activities & Acceptable Use Policy You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using JuniPay, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it which you can read on our Acceptable Use Policy page.

Privacy Policy JuniPay is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

Disclaimers WE TRY TO KEEP JUNIPAY AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUNIPAY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM JUNIPAY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "JUNIPAY PARTIES") SHALL CREATE ANY WARRANTY.

Limitation of Liability IN NO EVENT WILL ANY OF THE JUNIPAY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TWENTY THOUSAND UNITED STATES DOLLARS (US$20,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH JUNIPAY’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF JUNIPAY’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any JuniPay Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the JuniPay’s Party's liability shall be the minimum permitted under such applicable law.

Indemnity You agree to defend, indemnify, and hold JuniPay, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.

Updates, Modifications & Amendments We may need to update, modify or amend our Merchant Terms of Service as our technology evolves. We reserve the right to make changes to this Merchant Terms of Service at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page If you have any objection to any of the changes to this Merchant Terms of Service, you must cease using our website and/or services immediately.

Applicable Law These Terms of Use shall be interpreted and governed by the laws currently in force in the Republic of Ghana.

Legal Disputes We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Ghana High Court. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the Ghana High Court. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Accra, Ghana.

Severability If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

Miscellaneous 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. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party

Data Privacy, Protection & Cookie Policy

In accordance with the Data Protection Act, 2012 (Act 843), this data privacy, protection and cookie policy describes your privacy rights regarding JuniPay’s (“we”, “us” or “our”) collection, use, storage, sharing and protection of your personal information. It applies to our website and all related sites, applications, services and tools regardless of how you access or use them. This Data Privacy, Protection and Cookie Policy (the “Privacy Policy”) will help you understand how we use your information and what we do with it. However, this Privacy Policy does not apply to services that are not owned or controlled by JuniPay, including third-party websites and the services of other JuniPay’s merchants. Our goal is to handle personal data provided to us in compliance with applicable data privacy and protection laws. This Privacy Policy applies to all forms of systems, operations and processes within the JuniPay environment that involve the collection, storage, use, transmission and disposal of Personal Information.

We respect the privacy of our online visitors and registered users (“Users”) as such we will take reasonable steps to protect your information.

To use our website or any of our products or services, your consent is required for the use of your data as described in this Privacy Policy

1. Company Overview

JuniPay offers an online payment platform that makes it easy for merchants to accept and disburse electronic payments to and from customers.

This Privacy Policy is intended to set certain standards across the operations of JuniPay Payments Limited. ...

2. Updates, Modifications & Amendments

We may need to update, modify or amend our Privacy Policy as our technology evolves and as required by law. We reserve the right to make changes to this Privacy Policy from time to time and notify Users of material changes. The Privacy Policy will apply from the effective date provided on our website.

We advise that you check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to this Privacy Policy, the User must cease using this Site, or terminate their account in the event an account has been created.

3. Age Restriction

Our website and services are not directed to children under 18. We do not knowingly collect information from children under 18. If as a parent or guardian, you become aware that your child or ward child has provided us with any information without your consent, please contact us through the details provided in this Privacy Policy.

4. The Information we Collect

4.1 Personal Information As part of our operations, JuniPay collects and processes certain types of information (such as name, telephone numbers, address etc.) of individuals that makes them easily identifiable. These individuals include current, past and prospective employees, merchants, suppliers/vendors, customers of merchants, Users and other individuals whom JuniPay communicates or deals with, jointly and/or severally (“Data Subject(s)”).

JuniPay is firmly committed to complying with applicable data protection laws, regulations, rules and principles to ensure security of Personal Information handled by the Company.

To gain full access to our website and services, you must register for a JuniPay account. When you register for an account, we collect Personal Information which you voluntarily provide to us. Personal Information refers to information relating to an identified person or information that can be used to identify you, (e.g. email address, bank details, name, telephone number). It may also include anonymous information that may be linked to you specifically, (e.g. IP address).

We use your Personal Information to:

provide you with the required services
respond to your questions or requests
improve features, website content and analyze data to develop products and services
address inappropriate use of our website
prevent, detect and manage risk against fraud and illegal activities using internal and third party screening tools
send you marketing content, newsletters and service updates curated by JuniPay, however, we will provide you with an option to unsubscribe if you do not want to hear from us
verify your identity and the information you provide in line with JuniPay’s statutory obligations using internal and third party tools
maintain up-to-date records
resolve disputes that may arise, including investigations by law enforcement or regulatory bodies
any other purpose that we disclose to you in the course of providing JuniPay services to you
We may retrieve additional Personal Information about you from third parties and other identification/verification services such as your financial institution and payment processor. With your consent, we may also collect additional Personal Information in other ways including emails, surveys, and other forms of communication. Once you begin using our services through your JuniPay account we will keep records of your transactions and collect information of your other activities related to our services. We will not share or disclose your Personal Information with a third party without your consent except as may be required for the purpose of providing you with our services or under applicable legislations.
In providing you with the services, we may rely on third-party servers located in foreign jurisdictions from time to time, which as a result, may require the transfer or maintenance of your personally identifiable information on computers or servers in foreign jurisdictions. We will endeavor to ensure that such foreign jurisdictions have data protection legislation that is no less than the existing data protection regulations in force in Ghana and your personally identifiable information is treated in a safe and secure manner.
4.2 Information that we collect from website visitors We do not collect your Personal Information when you visit the website. However, so we can monitor and improve our website and services we may collect non-personally-identifiable information. We will not share or disclose this information with third parties except as a necessary part of providing our website and services. We may use the information to target advertisements to you.
4.3 Information that we collect from test users When you test our services using the “Demo” part of our website, we collect both non-personally identifiable information and personally identifiable information. Information we collect include your IP address, information about your computer, and other standard web log information to monitor the test transactions. We also collect and store your email address and card information you provide to conduct the test transactions. In compliance with the Payment Card Industry Data Security Standard (PCI DSS Requirements”), we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure your card information is safe and secure in our servers, additionally, we implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards. We will not share and disclose your card information.
4.4 Information that we collect from checkout users When you checkout with JuniPay on a merchant’s website, we collect and store your card information, your email address, your mobile phone number, and billing and shipping address. To ensure your card information is kept safe and secure on our servers, we implement access control measures (physical and virtual), security protocols, policies and standards including the use of encryption and firewall technologies in compliance with the PCI DSS Requirements and we implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.
We may share your contact information with merchants as part of your purchase details for record purposes. We will not share this information with other third parties except as a necessary part of providing our website and services. We do not share your card information with merchants. Please review your merchant’s privacy policy to understand the privacy policies guiding the merchant you transact with.
4.5 Purpose Limitation JuniPay collects Personal Information only for identified purposes and for which consent has been obtained. Such Personal Information cannot be reused for another purpose that is incompatible with the original purpose, except consent is obtained for such purpose
4.6 Data Minimization JuniPay limits Personal Information collection and usage to data that is relevant, adequate, and absolutely necessary for carrying out the purpose for which the data is processed.
JuniPay will evaluate whether and to what extent the processing of Personal Information is necessary and where the purpose allows, anonymized data will be used.
5. Two Factor Authentication (“2FA”) 2FA is an additional layer of security we have added to your account. When 2FA is enabled, you will be required to enter a One Time Password (OTP) (which is a verification code we have sent to you for authentication purposes), each time you checkout using JuniPay on a merchant’s website or platform. While we encourage you to enable this feature on every transaction, you may choose to disable the 2FA feature after your initial enrolment by clicking on the toggle button to disable. However, if you choose to disable this feature, you agree that JuniPay shall not be liable for any loss or damages incurred as a result of your action.
6. Cookies We use cookies to identify you as a User and make your user experience easier, customize our services, content and advertising; help you ensure that your account security is not compromised, mitigate risk and prevent fraud; and to promote trust and safety on our website. Cookies allow our servers to remember IP addresses, date and time of visits, monitor web traffic and prevent fraudulent activities.
Our cookies never store personal or sensitive information; they simply hold a unique random reference to you so that once you visit the site we can recognize who you are and provide certain content to you.
If your browser or browser add-on permits, you have the choice to disable cookies on our website, however this may impact your experience using our website.
7. How We Protect your Information JuniPay shall establish adequate controls in order to protect the integrity and confidentiality of Personal Information, both in digital and physical format and to prevent Personal Information from being accidentally or deliberately compromised.
JuniPay is committed to managing your Personal Information in line with global industry best practices. We protect your Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration, we also use industry recommended security protocols to safeguard your Personal Information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our building and files and only granting access to Personal Information to only employees who require it to fulfil their job responsibilities. Any Personal Information processing undertaken by an employee who has not been authorized to carry such out as part of their legitimate duties is unauthorized.
Employees may have access to Personal Information only as is appropriate for the type and scope of the task in question and are forbidden to use Personal Information for their own private or commercial purposes or to disclose them to unauthorized persons, or to make them available in any other way
8. How we share the Personal Information you provide JuniPay does not sell, trade or rent personal information to anyone. However, to enable us render our services to you on our website, we may share your information with trusted third parties, such third parties include financial institutions, payment processors verification services, sanctions screening and identity verification services as well as any third parties that you have directly authorized to receive your Personal Information. Your Personal Information may be stored in locations outside the direct control of JuniPay, for instance, on servers or databases colocated with hosting providers.
We may disclose your Personal Information in compliance with applicable law or a legal obligation to which we are bound.
Please note that merchants, sellers, and other Users you buy from or contract with have their privacy policies, and although JuniPay’s Merchant Terms of Use does not allow the other transacting party to use your information for anything other than as authorized by you, JuniPay is not responsible for their actions, including their information protection practices.
The use of your information by such third party will be subject to their applicable privacy policy, which you should carefully review.
9. Transfer of Personal Information 9.1 Third Party Processor within Ghana JuniPay may engage the services of third parties in order to process the Personal Information of Data Subjects collected by the JuniPay. The processing by such third parties shall be governed by a written contract with JuniPay to ensure adequate protection and security measures are put in place by the third party for the protection of Personal Information in accordance with the terms of this Privacy Policy.
9.2 Transfer of Personal Information to Foreign Country Where Personal Information is to be transferred to a country outside Ghana, JuniPay shall put adequate measures in place to ensure the security of such Personal Information. Transfer of Personal Information out of Ghana would be in accordance with the provisions of the Ghana Data Protection Regulation. JuniPay will therefore only transfer Personal Information out of Ghana on one of the following conditions:

The consent of the Data Subject has been obtained;

The transfer is necessary for the performance of a contract between JuniPay and the Data Subject or implementation of pre-contractual measures taken at the Data Subject’s request;
The transfer is necessary to conclude a contract between JuniPay and a third party in the interest of the Data Subject;
The transfer is necessary for reason of public interest;
The transfer is for the establishment, exercise or defense of legal claims;
The transfer is necessary in order to protect the vital interests of the Data Subjects or other persons, where the Data Subject is physically or legally incapable of giving consent.
JuniPay will take all necessary steps to ensure that Personal Information is transmitted in a safe and secure manner. Details of the protection given when your Personal Information is transferred outside Ghana shall be provided to you upon request.
10. Grounds for Processing of Personal Information Processing of Personal Information by JuniPay shall be lawful if at least one of the following applies:
the Data Subject has given consent to the processing of his/her Personal Information for one or more specific purposes;
the processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
processing is necessary for compliance with a legal obligation to which JuniPay is subject;
processing is necessary in order to protect the vital interests of the Data Subject or of another natural person; and
processing is necessary for the performance of a task carried out in the public interest or in exercise of official public mandate vested in JuniPay.
For the purpose of this Privacy Policy, consent means any freely given, specific, informed and unambiguous indication of the Data Subject's wishes by which they, through a statement or a clear affirmative action, signify their agreement to the processing of Personal Information relating to them.
11. Choices and Rights Individuals who have Personal Information held by JuniPay are entitled to reach out to JuniPay to exercise the following rights:
Right to request for and access their Personal Information collected and stored. Where data is held electronically in a structured form, such as in a Database, the Data Subject has a right to receive that data in a common electronic format;
Right to information on their personal information collected and stored;
Right to objection or request for restriction;
Right to object to automated decision making;
Right to request rectification and modification of Personal Information which JuniPay keeps;
Right to request for deletion of their data;
Right to request the movement of data from JuniPay to a third party; this is the right to the portability of data; and
Right to object to, and to request that JuniPay restricts the processing of their information
Your request will be reviewed by JuniPay’s Data Protection Officer and carried out except as restricted by law or JuniPay’s statutory obligations. You may decline to provide your personal Information when it is requested by JuniPay, however, certain services or all the services may be unavailable to you. You may review your account settings and update your Personal Information directly or by contacting us.
12. The Data that We Retain We will retain your information for as long as your account is active or as needed to provide our services to you, comply with our legal and statutory obligations or verify your information with a financial institution.
JuniPay is statutorily obligated to retain the data you provide us with in order to process transactions, ensure settlements, make refunds, identify fraud and in compliance with laws and regulatory guidelines applicable to us, our banking providers and card processors.
Therefore, even after closing your JuniPay account, we will retain certain Personal Information and transaction data to comply with these obligations. All Personal Information shall be destroyed by JuniPay where possible. For all Personal Data and records obtained, used and stored by JuniPay, we shall perform periodical reviews of the data retained to confirm the accuracy, purpose, validity and requirement to retain.
The length of storage of Personal Information shall, amongst other things, be determined by:
the contract terms agreed between JuniPay and the Data Subject or as long as it is needed for the purpose for which it was obtained; or
whether the transaction or relationship has statutory implication or a required retention period; or
whether there is an express request for deletion of Personal Data by the Data Subject, provided that such request will only be treated where the Data Subject is not under any investigation which may require JuniPay to retain such Personal Data or there is no subsisting contractual arrangement with the Data Subject that would require the processing of the Personal Data; or
whether JuniPay has another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.
13. Contact JuniPay’s Data Protection Officer (DPO) If you have any questions relating to this Privacy Policy or would like to find out more about exercising your data protection rights, please reach out to our DPO via email at dataprotection@junipayments.com.
JuniPay maintains a data breach procedure in order to deal with incidents concerning Personal Information or practices leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise processed. You may contact our DPO upon becoming aware of any breach of Personal Information or if your access credentials have been compromised, to enable us to take the necessary steps towards ensuring the security of your Personal Information or account.

Acceptable Use Policy

By accessing or using JuniPay, you agree to comply with the terms and conditions of this Acceptable Use Policy.
1. Restricted Activities You may not use JuniPay in connection with any product, service, transaction or activity that:
violates any law or government regulation, or promotes or facilitates such by third parties;
violates any rule or regulation of Visa, MasterCard, Mobile Money, Vodafone Cash, Airtel Money or any other electronic funds transfer network;
is fraudulent, deceptive, unfair or predatory;
causes or threatens reputational damage to us or any Card Network or Mobile Wallet Network;
involves any of the business categories listed in Certain Business Categories below; or
results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.
2. Certain Business Categories You may not use JuniPay in connection with any product, service, transaction or activity that:

falls within the Import Prohibitions and Restrictions List of the Customs division of the Ghana Revenue Authority,

relates to the sale and/or purchase of

1 banned narcotics, steroids, certain controlled substances or other products that present a risk to the consumer's safety;

2 blood, bodily fluids or body parts;

3 burglary tools;

4 counterfeit items;

5 illegal drugs and drug paraphernalia;

6 fireworks, destructive devices and explosives;

7 identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);

8 lottery tickets, sweepstakes entries or slot machines without the required license;

9 offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;

10 chemicals;

11 recalled items;

12 prohibited services;

13 unlicensed financial services, stocks or other securities;

14 stolen property;

15 items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;

16 sales of currency without proper licensing, certain cryptocurrency operators;

9\17 obscene material or pornography;

18 certain sexually oriented materials or services;

19 certain firearms, firearm parts or accessories, ammunition, weapons or knives;

20 any product or service that is illegal or marketed or sold in such a way as to create liability to JuniPay; or

21 production of military and paramilitary wears and accoutrement, including those of the Police and the Customs, Immigration and Prison Services.

3. Actions by JuniPay If in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to JuniPay and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

Blocking the settlement or completion of one or more payments;

Suspending, restricting or terminating your access to and use of the JuniPay’s Services;

Terminating our business relationship with you, including termination without liability to JuniPay of any payment service agreement between you and JuniPay;

Taking legal action against you; Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice. 4. Updates, Modifications & Amendments

We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy. Your continued use means acceptance and acknowledgement of the changes.

We advise that you check this page often, referring to the date of the last modification on the page relates to transactions that:

show the personal information of third parties in violation of applicable law;

support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs; are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; pertain to ammunitions and arms; and involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from JuniPay and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.