I guarantee that the information provided (in my application) is correct; I shall keep my username and password confidential and shall not allow others access thereto or the use thereof; I accept that I shall be responsible for all account activity conducted as a result of any access obtained through the use of my userid and password, should I:

• share my access rights with any other person by disclosing or allowing others to gain knowledge of my user credentials; or

• leave my browser unattended while in an active browser session; or

• provide inacurrate information to MobiCard Systems; or

• in any other manner conduct or access my MobiCard Online Account carelessly or negligently.

I acknowledge that my userid and account is MobiCard's property and may be revoked or suspended at MobiCard's discretion;

Should I become aware of any breach or attempted breach of MobiCard's data security I shall inform MobiCard's management without delay and in writing;

I acknowledge and accept that any use of my MobiCard Online Account is at my own risk. Without limiting the generality of the aforesaid, I acknowledge that MobiCard will not, under any circumstances, be liable to me for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from:

• any defect or fault in my hardware and/or software; or

• any failure or fault in connectivity to the Internet; or

• the unavailability of the MobiCard website for any reason whatsoever; or

• from use of lost or stolen data with MobiCard Payments (including but not limited to losses arising from the use of lost or stolen credit cards to make purchases from your site or app, or those caused by a compromise of your login credentials); or

• from incorrect, inconsistent or inaccurate information that you provide us; or

• any failure on the part of MobiCard to carry out instructions given online under circumstances where such failure is the result of a cause beyond MobiCard's control.

No Liability

MobiCard acts as an intermediary between the Merchant and the Bank, acquires information supplied from the Merchant and the Bank and processes transactions in good faith.

MobiCard does not guarantee the correctness of information acquired or supplied and can in no way be held liable by the Merchant for any damages suffered by the Merchant acting upon such information.

Any dispute between the Bank and the Merchant howsoever arising, which includes, a dispute regarding:

• The value of reversals of invalid sales;

• Any discount;

• Any refund due to a cardholder;

• Any overpayment;

• The value of any transaction;

• The debiting of any Merchant's account

is deemed to be a dispute between the Bank and the Merchant and MobiCard is not a party thereto. MobiCard will in no way be held liable by the Merchant for any damages suffered by such Merchant pursuant to such dispute.

Cardholder Information

The order forms in which the Merchant accepts Orders from the Cardholder on the Internet should contain the following information:

• The Cardholder's name

• The transaction amount and Currency

• The transaction date

• The Cardholder’s email address

• The Cardholder's Postal and Physical address

• The Cardholder's mobile number

• The method of delivery

• The refund policy

• The Merchant’s terms and conditions

Billing

Billing will commence on the day the account is activated. Card processing services may attract a one-time, non-refundable, on-boarding fee (please contact merchant support for more information). The service may be terminated via written notice at any time. The merchant shall be billed a transactional fee; to the end of the month in which written notice of termination was received.

Any transaction concluded via MobiCard's merchant services or any claim that may arise in consequence of the use of MobiCard's merchant services shall be subject to the jurisdiction of the High Court, Kenya.

Taxes

It is your responsibility to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of MobiCard Services (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services.

Your Data Security Obligations

You are fully aware that a one-time verification charge of less than a dollar, will be made, for the purposes of card verification; at least once for every card that is yet to be verified for your merchant account.

You are fully responsible for the security of data on your site, through your app, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as “Payment Data”) on your site or through your app. While MobiCard helps to make compliance easier, you are solely responsible for compliance with any laws, regulations, or rules applicable to your business. You specifically agree that at all times you will be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. The steps you will need to take to comply with PCI-DSS and PA-DSS when using MobiCard will vary based on your implementation. For more information about implementing MobiCard, please refer to our documentation. If we believe it is necessary based on your implementation and request it of you, you will promptly provide us with documentation evidencing your compliance with PCI DSS and/or PA DSS if requested by us. You also agree that you will use only PCI compliant service providers in connection with the storage, or transmission of Payment Data defined as a cardholder’s account number, expiration date, and CVV2. You must not store CVV2 at any time. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.

Terms of Use (Prohibited Content, Product & Services)

You are required to obey all laws, rules, and regulations applicable to your use of the MobiCard Services (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising).

You are required to have a verifiable physical business operation premises, veifiable business and user-registration documents as well as verifiable end-user transaction documents (invoices, shipping documents e.t.c ).

You are required to provide proof of order fulfilment, in case of tansaction dispute within 24-hours of "Transaction dispute notification", otherwise you forfeit your chance to challenge the transaction dispute.

You (the Merchant) bind yourself unequivocally to be solely liable for including but not limited to any legal actions and suits, and to make good to MobiCard immediately upon demand damages suffered by MobiCard directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by MasterCard/Visa , the Central Bank of Kenya and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the following :

1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services. Apparatus such as personal massagers/vibrators and sex toys and enhancements.

2) Alcohol, which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or Champagne.

3) Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver.

4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) .

5) Cable TV descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.

6) Child pornography in any form.

7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.

8) Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials.

9) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.

10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.

11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs including but not limited to salvia and magic mushrooms .

12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.

13) Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction.

14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content.

15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.

16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.

17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.

18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.

19) Offensive goods which includes literature, products or other materials that:

a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
b) Encourage or incite violent acts
c) Promote intolerance or hatred.

20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals

21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in Kenya or anywhere else.

22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.

23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.

24) Securities, which includes stocks, bonds, mutual funds or related financial products or investments.

25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related Products.

26) Traffic devices, which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products.

27) Weapons, which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.

28) Wholesale currency, which includes discounted currencies or currency/exchanges.

29) Live animals or hides/skins/teeth, nails and other parts etc of animals.

30) Multi Level Marketing schemes or Pyramid / Matrix sites or websites using a matrix scheme approach.

31) Any intangible goods or services or aggregation/consolidation business.

32) Work-at-home information.

33) Drop-shipped merchandise.

34) Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.

35) Money services; including trading in forex/digital/crypto currency.

36) Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, both local and international including the laws of Kenya.

Payout Schedule

“Payout Schedule” refers to the time it takes for us to initiate a transfer to your designated Bank Account of settlement funds arising from card transactions processed through MobiCard Payments. Once your Bank account information has been reviewed, MobiCard will initiate transfer of settlement funds (net of Fees, Chargebacks, and other funds owed to us for any reason) in accordance with the Payout Schedule, the terms of which will be made available to you when you login to your MobiCard management dashboard. The settlement funds should normally be credited to your Bank Account within 3-4 working days of the withdrawal request; with payouts being issued once a week (i.e on Tuesdays).

You (the merchant) will have to initiate settlement of funds collected as they are not settled automatically (unless an automatic settlement schedule option exists for the merchant and is activated).

We are not responsible for any delays or losses resulting from incorrect or inaccurate information (including settlement bank account information) that you provide us.

The initial settlement transfers to your account may be delayed pending review of your account. Depending on the mechant risk index, Mobicard Systems may require at least 10% of the determined average monthly payment cycle value to be maintained on the merchant account balance (for charge-back protection purposes). This value is required for all newly created accounts.

We are not responsible for any action taken by the financial institution holding your Bank Account that may result in some or all of the funds not being credited to your Bank Account or not being made available to you. You can contact us at any time to inquire about changing the timing of your Payout Schedule, and will be informed of the process and requirements for MobiCard to review your Payout Schedule.

We reserve the right to change the Payout Schedule, suspend payouts to your Bank Account, or initiate a Reversal should we determine it is necessary due to pending disputes, excessive or anticipated excessive Chargebacks or Refunds, or other suspicious activity associated with your use of MobiCard Payments, or if required by law or court order.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

o Strikes, lock-outs or other industrial action;
o Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
o Impossibility of the use of public or private telecommunications networks;
o The acts, decrees, legislation, regulations or restrictions of any government; and
o Pandemic or epidemic.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

We do not, in any event, accept responsibility for:

Malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
Any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control;
Any illegal activity that is performed by you or a third party on our platform;
Errors on the website or with the service caused by incomplete or incorrect information regardlessof the source of the information.

Confidentiality

You accept that we may act as your proxy (per pro) when contacting or notifying the cardholder about their transaction details. We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organizations’ or other government agencies.

Our Right To Vary these Terms and Coditions

We have the right to revise and amend these terms and conditions from time to time without your consent.

General

Termination of our agreement under these Terms and Conditions does not affect your or our accrued rights and obligations at the date of termination.
A failure to exercise or delay in exercising a right or remedy provided by these Terms and Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms and Conditions or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
In case any provision in or obligation under these Terms and Conditions shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.
You may not assign, transfer or create any trust in respect of, or purport to assign, transfer or create any trust in respect of, a right or obligation under these Terms and Conditions.
Neither these Terms and Conditions nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.

Help and information;

If you have any queries or require a copy of these Terms and Conditions (or any document comprised in them), please contact us using the contact details given.
We aim to provide the highest level of customer service possible. If you do experience a problem, we will always seek to resolve this as quickly and efficiently as possible.