THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OR ACCESS TO ANY SERVICES, WEBSITES OR PLATFORMS RUN OR PROVIDED BY THE PIXELPAY GROUP, WHICH CONSISTS OF PIXELPAY LIMITED AND ALL ITS SUBSIDIARIES (COLLECTIVELY REFERRED TO AS “PIXELPAY” or “WE” “OUR” AND “US”) WHICH MAY INCLUDE SERVICES
SUCH AS CROSS BORDER PAYMENTS, CROSS BORDER COLLECTIONS, DOMESTIC COLLECTIONS, DOMESTIC PAYMENTS, CARD PROCESSING, AGENT SERVICES, OR ANY OTHER SERVICE THAT MAY BE OFFERED BY PIXELPAY USING THE PIXELPAY TECH STACK.
PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW.
BY USING OUR SERVICES, YOU CONFIRM THAT YOU HAVE CAREFULLY READ, ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”). IF YOU DO NOT
AGREE WITH THIS AGREEMENT, DO NOT USE THE PIXELPAY SERVICES. ADDITIONAL
TERMS WILL APPLY TO THE SPECIFIC PIXELPAY SERVICE YOU CHOOSE TO USE (“SERVICE
SCHEDULE”) AND, TOGETHER WITH THIS AGREEMENT, THE SERVICE SCHEDULE WILL
FORM PART OF YOUR AGREEMENT WITH PIXELPAY AND WILL GOVERN YOUR USE OF THE
PIXELPAY SERVICES.
WE MAY UPDATE THESE TERMS AND CONDITIONS FROM TIME TO TIME FOR LEGAL OR
REGULATORY REASONS OR FOR THE PROPER OPERATION OF THE PIXELPAY SERVICES
WITHOUT ANY RECOURSE TO YOU WHATSOEVER. ANY CHANGES WILL BE NOTIFIED TO
YOU VIA THE E-MAIL ADDRESS PROVIDED BY YOU IN THE SERVICE SCHEDULE, AT
ONBOARDING OR VIA A SUITABLE ANNOUNCEMENT ON THE PIXELPAY WEBSITE. THE
CHANGES WILL APPLY TO THE PIXELPAY SERVICES. IF YOU DO NOT WISH TO ACCEPT THE
NEW TERMS AND CONDITIONS YOU SHOULD NOT CONTINUE TO USE THE PIXELPAY
SERVICES. IF YOU CONTINUE TO USE THE PIXELPAY SERVICES AFTER THE DATE ON
WHICH THE CHANGE COMES INTO EFFECT, YOUR USE OF THE PIXELPAY SERVICES
INDICATES YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS.
THIS AGREEMENT SHALL BE BINDING ON, AND ENDURE TO THE BENEFIT OF, THE PARTIES
TO THIS AGREEMENT AND THEIR RESPECTIVE PERSONAL REPRESENTATIVES,
SUCCESSORS AND PERMITTED ASSIGNS, AND REFERENCES TO ANY PARTY SHALL
INCLUDE THAT PARTY’S PERSONAL REPRESENTATIVES, SUCCESSORS AND PERMITTED
ASSIGNS.
- INTERPRETATION
In this Agreement:
“Affiliate” means, in relation to a Party, any entity that directly or indirectly controls, is
controlled by, or is under common control with that Party from time to time;
“Agreement” means these Terms and Conditions, together with the Service Schedules, and
the Mandatory Documents as amended from time to time;
“API” means the application programming interface made available by PIXELPAY from time to
time to enable You to connect to and obtain access to the PIXELPAY Service;
“Applicable Laws” means the laws, regulations, regulatory codes, or policies, procedures,
legislative or administrative orders issued by a relevant regulatory authority, and which apply
to the provision or receipt of the PIXELPAY Services (as applicable);
“VAS Technology Stack” means the agent network, hardware and software which allows for
the i) collection of cash deposits; ii) paying out of cash withdrawals; iii) keeping of transaction
records; iv) transfer of funds between customers and v) the processing of bill payments ;
“Cards” means the physical, virtual, companion or any type other prepaid instrument issued
by a Visa, MasterCard or Verve member bank;
“Card Account” means the Cardholder’s stored value account associated with a Card (or
virtual card) showing the balance of money held by the Cardholder;
“Card Processing System” means the proprietary international processing system, certified by
Visa, Verve, and MasterCard and provides account management and transactional
processing services to financial institutions and program managers in connection with
physical and virtual prepaid cards (physical, virtual, companion or any type other prepaid
instrument issued by a Visa or MasterCard member bank), mobile money and other electronic
payment programs, as well as its advice, assistance and support;
“Cardholder” means the person in whose name a Card is issued and whose name is
embossed or imprinted on the face of a Card or any other user of a Card;
“Card Schemes” means financial networks, i.e., Visa/Mastercard, Verve and any applicable
regional or local financial networks;
“Compliance Framework” means PIXELPAY’s policies, as amended from time to time, which
includes anti money laundering, counter-terrorism financing, ABC Policy (Anti Bribery and
Corruption), sanctions lists, KYC, and Data Exchange and Protection Policy;
“Customer” means a verified customer of a Service Participant who originates or receives
payments through the PIXELPAY Services;
“Data Exchange and Protection Policy” PIXELPAY’s data protection policy as amended from
time to time;
“Data Protection Laws” means all laws and regulations, statutes, rules or administrative
requirements in force from time to time as stipulated by any competent authority having
jurisdiction over the business of PIXELPAY in the Territories with respect to data protection or
data privacy, including, but not limited to: (i) The Data Protection Act 2017 (Mauritius); (ii)
Nigerian Data Protection Regulation of 2019 (NDPR), (iii) Ghana Data Protection Act, 2012
(Act 843) (iv) Kenya Data Protection Act, 2019; (v) Tanzania Personal Data Protection Act
2022, Act No. 11 of 2022; (vi) Uganda Data Protection and Privacy Regulations, 2021 ; (vii)
The Law No. 058/2021 of 13 October 2021 Relating to the Protection of Personal Data and
Privacy (Rwanda) and (viii) the EU’s General Data Protection Regulation (Regulation (EU)
2016/679) (“GDPR”); (ix) the version of the GDPR transposed into UK law pursuant to the
European Union (Withdrawal) Act 2018 and the Data Protection, Privacy and Electronic
Communications (Amendments etc) (EU Exit) Regulations 2019/419 (“UK GDPR”); (x) UK
Data Protection Act 2018; (xiiii) any other applicable law relating to the processing, privacy
and/or use of personal data in the Territories; and (xii) any laws that replace, extend, re-enact,
consolidate or amend any of the foregoing;