CONSUMER FRAUD ALERT: PROTECT YOURSELF AND AVOID EMAIL PHISHING. BE CAREFUL WHEN AN UNKOWN PERSON OR STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FROM UNSOLICITED E-MAILS OR INDIVIDUALS YOU DO NOT KNOW, FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS.

We advise that you do not share your username and password with others. Notify us immediately if you believe your Africa Prepay account including your username and password have been compromised, lost or stolen or if someone may have used them without your permission.

Term and Conditions

The Terms and Conditions covers the Services Agreement (“Agreement“) for which Africa Prepay will provide the Africa Prepay Application for the service upon request. This Agreement between us and you, the individual sender of the Africa Prepay Application (“you” or “Sender”). These terms and conditions affect your rights and you should read them carefully. By accessing and using the facility application, you accept and agree to the terms and conditions in this agreement. You must indicate your consent to this Agreement by ticking both the Terms and Conditions box and the “SUBMIT” button and ensuring all sections have been fully and accurately completed. If you do not, we may not be able to send the money. You must call us if any of the information you provide changes before the Recipient collects or receives the money.

The act of registration and the use of the Africa Prepay Application mean that you agree to accept and be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement set forth below, do not access this application. Please note that by using Africa Prepay’ online platform (www.africaprepay.com) or downloading the mobile Application, it will be deemed that you have read and understood this Agreement and that you agree to accept and abide by this Agreement.

Africa Prepay may in its sole discretion modify this Agreement from time to time without any prior notice to you. Unless otherwise specified by Africa Prepay, all modifications shall take effect automatically and shall become part of this Agreement and be binding on you beginning on the day they are posted on the application. You will be aware of any changes to the terms and conditions immediately they are made. Changes to these terms and conditions will only be effective from the date they are made and will not change the terms on which you previously used the Service.

By continuing to access or use the Africa Prepay Facility Application, you will be deemed to have agreed to accept and be bound by any modifications to this Agreement.

1. Introductions

1.1. The Africa Prepay money transfer service is provided by Ping Express US LL through our online platform or mobile application. Reference to our Money Application in this terms and conditions include the use of our website and mobile application.

1.2. This Agreement and the Africa Prepay facility application allow you to send online money transfer (a “Transfer”) to the person named on the online form (the “Recipient”) and allows them to receive the money into their local bank account or other forms of electronic accounts. These terms and conditions apply to these services except where we say they apply to only one of them.

1.3. In order to use the Africa Prepay facility application for the first time, you must set up your “Profile” by entering your personal information, a “User ID” (which is your email address and is used for identification purposes and to login to your Profile), a password, a valid Identification and a contact number. For any consecutive Transfers you can use your existing Profile using your User ID and password to login. All information provided by you shall be stored in your Profile, and shall be maintained by us or our “Service Providers” (any company or companies engaged by us or our contractors to provide the Africa Prepay Application) based upon the information supplied by you.

1.4 You cannot send a Transfer on behalf of a third party.

1.5 For online transfers, you can either send the money within the same country or to a different “Receive Country”. Once we have accepted your Transfer and the money has been collected from your bank account, the Recipient can collect the money in the agreed currency and agreed exchange rates in the bank account that you stated in the online form. We will not contact the Recipient to advise them when the money has been deposited. However, you may receive SMS alert to confirm that the transaction has been completed.

1.6. We do not offer our services in all countries. You can call us or visit our website to find out the availability of our services and addresses and opening times of locations offering the services.

1.7. We may communicate with you electronically (for example, by email or via Short Messaging Services (SMS)) unless we are required by law or regulatory requirements to communicate in another way. If you do not wish to receive communications electronically, you may not use our Africa Prepay Application.

1.8 All communications will generally be in the language used by the account holder when creating a profile on the Africa Prepay Application, which may not be limited to the English Language

1.9. You agree to promptly update your records if your email address or other contact information in your Profile changes. Follow the instructions on our website to update your Profile.

2. Definitions in this Agreement.

The words “you” and “your” refer to the person who accepts and agrees to the terms and conditions of this Agreement.

The words “Africa Prepay”, “we” and “us” refer to Africa Prepay. Africa Prepay is wholly owned by MCCS US LLC (L19000058472).

The word “Beneficiary” refers to the person that you designate to receive the funds from the payment. The word “Business Day” means any day that is not a Saturday, Sunday or legal holiday.

The word “Payment Account” means the bank account, debit or prepaid card account or bank account (or such other account that Africa Prepay agrees to accept from time to time for use hereunder and that you authorize Africa Prepay to charge) that you provide to Africa Prepay for Africa Prepay to charge for payment for your use of the Africa Prepay Facility Application. The Payment Account must be issued or held in your name by a U.S. depository institution.

The words ” Payment” means the payment of funds that you request and authorize through the Africa Prepay Facility Application to process and deliver to the Beneficiary.

The words “Africa Prepay Facility Application” means the service whereby you may request the delivery of a payment to the Beneficiary in the country of the Beneficiary.

The words “Beneficiary Bank Account” means the bank account number, name and address of the beneficiary for which you have obtained and maintained accurate information.

2. Scope of Agreement.

2.1 This Agreement applies to the payments that you request through the Africa Prepay Facility Application. Africa Prepay is only responsible for processing payments you request and authorize through the Africa Prepay Facility Application.

3. Registration Information

3.1 You will be required to provide certain information that identifies each person who seeks to register to use the Africa Prepay Facility Application or who requests a Payment, such as your name, address, date of birth, last four digits of your social security number and other information that will allow us to identify you. You agree to provide complete and accurate information in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.

3.2 Use of the Africa Prepay Facility Application is granted subject to our ability to verify your identity. If you do not provide accurate and complete information during registration or when requesting a Payment, we have the right to prohibit you from using the Africa Prepay Facility Application or decline to process the request. In addition, if you do not provide accurate and complete information during registration or when requesting a Payment, you may cause errors in your requested payment.

3.3 You authorize Africa Prepay to request a credit report on you and/or to obtain information from other third parties and financial institutions regarding you, the Beneficiary, or the Payment Account. The home address that you provide when registering must be the same as the billing address for your debit card or prepaid card. Africa Prepay may seek to verify your registration information and any other information in connection with a request for a Payment, but is under no obligation to do so. You acknowledge that Africa Prepay is relying upon the information you provide.

3.4 Each time you access the Africa Prepay Facility Application, you shall be deemed to have confirmed the accuracy and completeness of all registration information.

3.5 You authorize Africa Prepay to charge you the costs associated with verifying your identity in instances a transaction was not complete due to incomplete and inaccurate information.

4. Description of the Africa Prepay Facility Application.

4.1 You may use the Africa Prepay Facility Application to send money to a Beneficiary located in a country other than the United States. The Africa Prepay Facility Application may only be used to send Payments to a Beneficiary located in any permissible beneficiary country designated on the Africa Prepay Facility Application from time to time. Africa Prepay and Africa Prepay-designated service providers will process the payment and make funds available for receipt by the designated Beneficiary as described below. You must be at least eighteen (18) years of age and be physically present in the United States in order to use the Africa Prepay Express Facility Application.

4.2 Use of the Africa Prepay Facility Application does not establish a checking account or any other form of a bank account for you or the Beneficiary with Africa Prepay or any of its distribution agents. The Africa Prepay Facility Application does not constitute or create a fiduciary or escrow capacity between you and Africa Prepay. Funds held while processing a Payment request are not insured by the Federal Deposit Insurance Corporation or any other government authority.

5. Authority to Charge Payment Account; Fees and Expenses.

5.1 You agree to pay for the amount of the Payment and Africa Prepay’ transaction and currency conversion service fees and other charges for each Payment initiated or requested under the Africa Prepay Facility Application. By requesting a Payment through the Africa Prepay Facility Application, you authorize Africa Prepay to charge your Payment Account for the amount of the requested Payment and any service fees. You understand and acknowledge that Africa Prepay has no obligation to process or complete a requested Payment if Africa Prepay is unable for any reason to obtain authorization or settlement of the funds from charging your Payment Account for the amount of the requested payment.

5.2 In the event that the charge to your Payment Account is subsequently returned, charged-back or canceled for any reason, and Africa Prepay has already processed your Payment request, you will be responsible to Africa Prepay for the amount of the Payment. You agree to pay such amount, plus any applicable service fee or non-sufficient funds (NSF) fee applicable to the return, to Africa Prepay immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts.

5.3 You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your debit card when you use such a card for a payment. You should review your card agreement regarding such potential fees.

5.4 If a Transfer is not authorized by you, contact us within 30 days and provide your name, contact information, the recipient’s name, recipient’s bank account, date of transfer, as well as any other information that is needed. We will immediately issue a refund unless one or more of conditions (a), (b) or (c) below apply. You will not be responsible for the Transfer unless: (a) it can be proven that you have acted fraudulently; (b) you did not tell us that your Profile security details (including username and/or password) had been or might be misused before the payment was made, and it can be proven that you have been grossly negligent in not keeping those details safe or you deliberately did not keep them safe; or (c) you have failed to keep your Profile security details safe without being grossly negligent, and in this case you will only be responsible for the first USD $200 of costs and losses arising before you tell us about the unauthorized transaction.

5.5 If you are not liable for a payment, and we cannot collect it from your bank account, debit or credit card, or the payment is reversed, we will have no further liability to you.

6. Reliance by Africa Prepay.

6.1 You represent and warrant that all information that you enter regarding the Payment is true and complete. When processing a Payment, Africa Prepay may rely on the registration information and payment request information that you provide. You acknowledge that any errors in the information, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility and that Africa Prepay shall have no liability for executing a Payment based upon the inaccurate or incomplete information you provided or entered.

6.2 There are limits on how much you can send. We will, as necessary, tell you what they are. We may refuse to send the money or allow it to be collected if we reasonably believe that: (a) by doing so we might break any law, regulation, code or other duty that applies to us; (b) doing so may expose us to action from any government or regulator; or (c) it may be linked with fraudulent or illegal activity.

6.3 Unless the law prevents us, you can call us to tell you the reasons for our refusal and how you can put right any errors that led to our refusal. If you prefer (and the law allows), or if the law requires, we will return the money to you

7. Execution of a Payment Request.

7.1 After you place a money transfer order via the Website or the Application using a recipient form, an e-mail will be sent to you acknowledging that your order has been received. After you place a money transfer order via a mobile phone number, you will receive a confirmation in the mobile app. Please note that this does not mean that your order is accepted.

7,2 A transaction order constitutes solely an offer to buy our services, which is subject to our discretionary acceptance. Such acceptance will be communicated to you either (i) via e-mail confirming that we are processing your request, (ii) through a confirmation in the mobile app or (iii) thorough short Messaging Service (SMS) (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent.

7.3 The Contract relates solely to the services that have been confirmed accepted in the Confirmation.

7.4 After we process your transaction to the Recipient an e-mail will be sent to you with the following information:

• A transaction reference number,
• A confirmation of the exact amount we are sending to the Recipient on your behalf in both pay in and pay out currencies,
• A confirmation of the Fee that has been charged,
• An exchange rate applied to your transaction,
• A location and documentation needed from the recipient in order to collect the money (in case of cash collection option),
• A confirmation of the bank to which the money has been sent (in case of bank deposit option),
• An estimated time when the money will be available to the Recipient.

7.5 If your Payment request is received by Africa Prepay on a day that is not a Business Day or on a Business Day after an established cut-off time for processing, your Payment request will not be processed until the next Business Day. The applicable cut-off time may vary from time to time, and will be disclosed to you on the Africa Prepay Facility Application.

8. Payment of Funds to Receiver

8.1 Africa Prepay and/or Africa Prepay designated service providers will arrange for the delivery of the Payment to the Beneficiary in the country of the Beneficiary. Payment will be made by means of a credit to a bank account provided by the user or sender, by stored value card (if available), or by other payment instrument. Not all payment methods are available in all countries, and Africa Prepay reserves the right to change payment method options. Africa Prepay also reserves the right to select the form of payment to the Beneficiary if there are other means other than the Beneficiary Bank account. Africa Prepay and/or Africa Prepay designated service providers will use reasonable efforts to provide payment in form requested, but the Africa Prepay Facility Application is not obligated to provide all these payment options for a specific Payment. If a Beneficiary cannot be located and identified, the Payment funds may be returned to you either by a credit to your Payment Account or by Check payment, at Africa Prepay’s option.

8.2 Africa Prepay reserves the right to establish identification and verification requirements for a Beneficiary to receive the funds from a Payment. Africa Prepay may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Payment, when making a payment of funds to the Beneficiary. You agree and acknowledge that Africa Prepay has the right to decline to deliver the payment to the Beneficiary if the Africa Prepay cannot verify the identity of the Beneficiary. Although Africa Prepay has the right to establish identification and verification requirements and the Beneficiary’s failure to comply with them is a basis to decline the delivery of the Payment, Africa Prepay has no obligation to establish any such requirements.

9. Currency of Payment.

9.1 Payments to Beneficiaries are generally made in the currency of the country within which the Beneficiary is located. If permitted by applicable law and the Africa Prepay Facility Application, a Payment may be requested in U.S. Dollars.

9.2 If conversion is required, Africa Prepay and/or Africa Prepay-designated service providers will convert a U.S. dollar Payment to the local currency at the exchange rate for a transfer in that amount in effect at the time the Payment is placed in the system. Regardless of the currency transferred, the actual amount that the Beneficiary receives may be reduced by charges imposed by Africa Prepay, for converting the US Dollar payment to the local currency, or by other intermediary banks, including a service fee for currency conversion that the local bank in the destination country or the bank of the Beneficiary may charge. The fees for this currency conversion may vary. The amount of the fee will be advised to you by Africa Prepay when you request the Payment.

9.3 The foreign exchange conversion rate shown while entering the Payment instructions is only indicative to help you to arrive at an approximate amount that the Beneficiary will receive. It is not a guaranty that the foreign exchange conversion rate that will actually be applied when Africa Prepay executes the Payment will be the same. Rather, Africa Prepay will execute at the foreign exchange conversation rates prevailing on the day of conversion or such other rates as it shall determine in its discretion.

10. Permissible Payments.

You acknowledge that the Africa Prepay Facility Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to local law or regulation. You agree that you will only request a Payment that complies with this Agreement, applicable United States federal and state law, and applicable law in the country of the Beneficiary. You may only use the Africa Prepay Facility Application to send Payments on your own behalf. You may not resell the Africa Prepay Facility Application or use the Africa Prepay Facility Application to make Payments on behalf of, or as agent for, another person. You agree that you will not request a Payment that would result in a violation of the laws or regulations of the United States, including without limitation, the economic sanctions administered by the U.S. Treasury Office of Foreign Assets Control and the U.S. anti-money laundering laws. You agree that you will provide information that Africa Prepay may request from time to time regarding your identity or the identity of the Beneficiary in order for Africa Prepay to comply with any applicable laws, including anti-money laundering laws. Africa Prepay may provide information regarding you, the Beneficiary and your use of the Africa Prepay Facility Application to government authorities.

11. Rejection of Payment Request.

11.1 Africa Prepay has the right to reject your request for a Payment, or decline to complete a request for a Payment once it has been initiated or impose a dollar limitation on your Payment, without cause or prior notice to you. Without limiting the foregoing, Africa Prepay may suspend, delay or reject your Payment request:

(a) if the dollar value of one or more of your payment requests exceed any transfer limits established for the Africa Prepay Facility Application;
(b) if Africa Prepay is unable to charge your Payment Account for the amount of the requested payment and related fees;
(c) if your request is incomplete or unclear;
(d) if Africa Prepay is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary;
(e) if Africa Prepay has some suspicion of fraud or irregularity or illegality;
(f) if Africa Prepay and/or Africa Prepay-designated service providers are unable to fulfill your request for any reason; or
(g) for any other reason that Africa Prepay in its sole discretion deems appropriate or necessary.

11.2 You understand and agree that if your request for a payment is rejected for any reason, you will be informed of the rejection during your next online session, by an SMS – text message or electronic mail, or by any other reasonable means of notice.

11.3 You agree that if Africa Prepay declines to complete a request for a Payment for any of the reasons set forth in Section 11.1 above, Africa Prepay has the right to be reimbursed for any costs or expenses and has the right to retain any authorized fees it may have imposed in connection with the requested Payment.

12. Returns Due To Remitter Mistake.

If Africa Prepay is unable to complete disbursement of the Payment to the Beneficiary because you provided incorrect information about the Beneficiary, such as an incorrect bank account, an incorrect or misspelled name, an incorrect or misspelled address, the wrong bank or bank account or any other misinformation, you will be liable for any costs, fees, expenses and losses that Africa Prepay incurs in returning the Payment to you, such as processing costs, losses arising due to exchange rate fluctuations, service charges and exchange commissions.

13. Delays or Non-Execution of Payment Request.

You agree that Africa Prepay shall not be responsible for any delay, failure to execute, or an error in the execution of your Payment request due to circumstances beyond Africa Prepay’s reasonable control, whether caused by strikes, power failures, equipment malfunctions, acts or omissions of any intermediary bank, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances. You further agree that that Africa Prepay may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system.

The Africa Prepay facility application is provided to you on an “as is” and “as available” basis. Africa prepay makes no warranties, express or implied with respect to the Africa Prepay facility application. Africa prepay does not warrant the functionality of the Africa Prepay facility application or the accuracy, adequacy or completeness of any information related thereto and expressly disclaims liability for non-functionality of the Africa {repay facility application or errors or omissions in any information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the Africa Prepay facility application.

14. Error Resolution and Cancellation Policy

For error resolution, transaction cancellation, questions, complaints or a written explanation of your rights, contact us at support@africaprepay.com

You have a right to dispute errors in your transaction. If you think there is an error, contact us within 60 minutes and provide your name, contact information, the recipient’s name, recipient’s bank account, date of transfer, as well as why you believe there has been an error. Africa Prepay will determine whether an error occurred and will reply to you within 90 days. If Africa Prepay was at fault, you will be entitled to a full refund or to have the transfer resent free of charge. If no error occurred or Africa Prepay was not at fault, you will receive a written notice including the information that Africa Prepay relied on to make that determination.

Generally, because your designated recipient is paid immediately upon processing your transaction, cancellation of that transaction and/or a refund of a previously requested Payment will not be processed and Africa Prepay is under no obligation to honor such a request. If, for some unforeseen reason, your designated recipient was not paid, you can contact us and cancel for a full refund within 30 minutes of payment.

Africa Prepay shall not be liable to you for any loss resulting from Africa Prepay’s inability to cancel or refund a Payment. If Africa Prepay determines to refund Payment funds to you, these funds may be returned to you either by a credit to your Payment Account or by check payment, at Africa Prepay’s option. Also, refer to our notice to customers for further details on disputes and how to file or lodge a complaint.

15. Limitation of Liability.

15.1 Africa Prepay will use commercially reasonable efforts to complete the Payment to the Beneficiary pursuant to your instructions. If the Payment is delayed or erroneously executed as a result of Africa Prepay’s error or negligence, Africa Prepay’s sole obligation to you is to correct the error or to refund the amount of the requested Payment and applicable Africa Prepay fees and charges.

15.2 Africa Prepay’s liability is limited to, and can never exceed, the amount of the Payment and applicable Africa Prepay fees and charges, irrespective of the circumstances or the reasons for your loss. In no event shall Africa Prepay be responsible for any punitive, special, incidental or consequential damages or expenses arising in connection with a payment or the Africa Prepay facility application even if Africa Prepay or representatives thereof, are advised of the possibility of such damages, losses or expenses.

15.3 The foregoing shall constitute your exclusive remedy under or in connection with this Agreement and the Africa Prepay Facility Application. You agree that the foregoing limitation is a reasonable limitation on your remedy under the circumstances of this Agreement and the Africa Prepay Facility Application.

15.4 You have the responsibility to let us know of any error, delay or other problem with your Payment within 30 days from the date you receive notification that we have executed the Payment. If you fail to notify us of any claim concerning your Payment within one year from the date that you received notification that your Payment has been executed, any claim by you will be barred under applicable law.

16. Indemnity.

In consideration of the agreement by Africa Prepay to provide you with the Africa Prepay Facility Application, you agree to indemnify and hold Africa Prepay harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses – including reasonable attorney’s fees – in connection with or arising out of (i) your use of the Africa Prepay Facility Application, (ii) your breach of this Agreement, or (iii) Africa Prepay acting upon your request for a payment pursuant to this Agreement. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Africa Prepay for any losses caused due to any inaccurate, non- current or incomplete information that you provided to Africa Prepay and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs and passwords and due to the unauthorized use of your ID and/or password.

17. Arbitration of Disputes.

17.1 You understand and agree that Africa Prepay may require any dispute arising from your use of the Africa Prepay Facility Application be resolved by binding arbitration. Africa Prepay may designate an arbitrator or arbitration panel administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Decisions of any arbitration process shall be binding on you.

17.2 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

18. Amendments.

18.1 Africa Prepay reserves the right to change the terms and conditions contained in this Agreement, which may include adding to them or deleting certain provisions entirely or partially, without prior notice to you, unless otherwise required by law, If we choose to notify you or are required by law to notify you of changes to this Agreement, we may mail or deliver a notice, or an electronic message to you at the last telephone number or address we have on file for you. Certain fees may change without notice to you.

18.2 Africa Prepay may modify this Terms and Conditions from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms and Conditions at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Terms and Conditions and acknowledge that any attempts by you to modify this Terms and Conditions shall be void.

18.3 No Waiver: The failure of Africa Prepay to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

18.4 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.

19. Electronic Communications

In order to use the Africa Prepay Facility Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Africa Prepay Facility Application by means of electronic (SMS-text message or email) communications. In the event any change to this Agreement requires prior notice to you, Africa Prepay will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Africa Prepay Facility Application, or the amended Agreement or will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. A record of each payment will be made available to you by Africa Prepay electronically on the Africa Prepay Facility Application. Notices and communications also include: a) Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law, b) fraud notices and termination of this contract, c) Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.

You acknowledge and agree that in order to use the Africa Prepay Facility Application you must have an internet enabled smart phone or a monitor and computer equipped with at least: an Internet browser with 128 bit encryption and either a printer or a disk drive or other electronic storage device. You agree that you will maintain a functioning internet connection or cell phone network to be able to receive emails and or Short Messaging Services (SMS) from Africa Prepay as well as other notifications. You agree that if you remove your consent to receive electronic communications, Africa Prepay will terminate your use of the Africa Prepay Facility Application. You further acknowledge and agree that all SMS- text message and email notices sent to you regarding the status of payment request are only service messages, and will not be considered an official record of Africa Prepay with respect to the payment requested through the Africa Prepay Facility Application. In the event of a conflict, the official records of the Africa Prepay will control over any service messages.

20 Termination of Profile

20.1. Either party may terminate these Terms and Conditions on one day’s written notice.

20.2 We may, without notice (except as required by law) and without liability to you, terminate or suspend your access to the Africa Prepay Application at any time, including without limitation, if: (a) you attempt to Transfer or charge funds from an account that does not belong to you or from an account which does not have sufficient available funds or has expired, or if you are paying by credit card, there is an insufficient available line of credit; (b) your financial institution attempts to charge back a Transfer on the basis of a dispute related to a Transfer; (c) you provide incorrect or false information about yourself, your debit or credit card details or about a Recipient; (d) you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Africa Prepay Application; (e) we receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account; (f) you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false; (g) we determine that your Profile is inactive; (h) we believe that the Transfer may expose us to action from any government or regulator. We may without liability to you, terminate or suspend your access to the Africa Prepay Application at any time and for any reason by giving you on day notice?

20.3. To close your Profile, contact Customer Service through the Website. If we close your Profile for any reason, we may, in our sole discretion, cancel your pending Transfer requests.

21. Prohibited Transactions

21.1 It is strictly forbidden to send or receive payments as consideration for the sale or supply of: • Tobacco products • Prescription drugs • Drugs and drug paraphernalia • Firearms or ammunition • Weapons and knives • Satellite and cable TV descramblers • Pornography • Government IDs and licenses including replicas and novelty items • Unlicensed lotteries or gambling services • Prepaid debit cards or other stored value cards that are not associated with a particular Merchant Owners and are not limited to purchases of particular products or services • Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes • Goods or services that infringe the intellectual property rights of a third party. Africa Prepay reserves the right to add, at its sole discretion, categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Website. For more information go to Africa Prepay Acceptable Use Policy.

21.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your Africa Prepay Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Africa Prepay Account for or in connection with illegal gambling transactions. Countries where online gambling is illegal include the United States of America, Turkey, China, Malaysia and Israel. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.

21.3. It is strictly forbidden to use your Africa Prepay Account for any illegal purposes including but not limited to fraud and money laundering. Africa Prepay will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Africa Prepay Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a Merchant Owners on the services it provides.

21.4. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section or without the necessary approval under section 21.3, we reserve the right to: • reverse the transaction; and/or • close or suspend your Account; and/or • report the transaction to the relevant law enforcement agency; and/or • claim damages from you;

21.5. It is your and not Africa Prepay’ responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through Africa Prepay is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.

22. Governing Law.

This Agreement shall be governed by federal law of the United States of America and, where not in conflict with or preempted by such federal law, the laws of the state of Texas, as applicable, without regard to conflict of law principles.

23. Use of Information; Privacy Policy

Africa Prepay may use and disclose to third parties (including to Africa Prepay-designated service providers) your registration information and payment information in order to process a requested payment, to validate your identity, to validate your registration information, to resolve a dispute, to enforce Africa Prepay’s rights and for any other purposes permitted by law. You consent to our collection, transfer and storage of your personal information by computers or other transfer or storage devices in the United States and elsewhere.

24. Agreement to Terms and Conditions.

24.1 By signing up for the Africa Prepay Facility Application, you acknowledge that you have read, understood, accept and agree to the terms and conditions of this Agreement. You also confirm that you are able to print or download a copy of this Agreement.

24.2 Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.

Africa Prepay LLC in the State of Florida, is a licensed U.S money transmitter located at 2217 Misspah Ave, Leesburg FL 34748. For additional information and further disclosures, refer to our notice to customers.

25. For Texas Residents.

Africa Prepay LLC under the laws of the State of Texas and by state law is subject to regulatory oversight by the Texas Department of Banking. Any consumer wishing to file a complaint against Africa Prepay should contact the Texas Department of Banking.

Africa Prepay also engages in money transmission and/or currency exchange business under Chapter 151 of the Texas Finance Code. If you have a complaint, first contact the consumer assistance personnel at Africa Prepay toll-free at 1-866-346-2883 or 1-469-619-3226. After first contacting Africa Prepay, if you still have an unresolved complaint regarding money transmission or currency exchange activity; please direct your complaint to the Texas Department of Banking.

Consumers/customers may file complaints with the Texas Department of Banking by contacting the Department through one of the means indicated below: In person or by U.S. mail:

2601 North Lamar Boulevard, Suite 300
Austin, Texas 78705-4294
Telephone: (877) 276-5554
Fax: (512) 475-1313
E-mail: consumer.complaints@dob.texas.gov
Website: www.dob.texas.gov

26. For Illinois Residents.Illinois customers may contact the Illinois Department of Financial and Professional Regulation at 866-846-6876.
27. For United Kingdom Customers.
    Africa Prepay trades as FIEM Ltd, a company incorporated and licensed under the laws of the United Kingdom, engaged in the provision of Payment Services with its Head Office located at: 152-160 Kemp House, City Road, London. EC1V 2NX. The company is established in UK with company number 08583711 and is registered with the Financial Conduct Authority under the Payment Services Regulations 2009, registration number 606428 for the provision of Payment Services.
28. Security

We take security very seriously at Africa Prepay, and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. The Africa Prepay Service is a safe and convenient way to send money to friends and family and to other people that you trust. However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true – they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails, purporting to be from Africa Prepay, which you suspect may be “phishing” (fake) emails, please forward them to us using our contact form.