Last updated August 8, 2024
Welcome to PaySimati! The PaySimati service, website, and/or software/mobile application (collectively, the “Service”) enables you to transfer funds between your PaySimati mobile money e-wallet and the e-wallet or account of another user...
This is a contract. These Terms constitute a contract between you and PaySimati. You may not use the Service if you do not accept these Terms. By using any part of the Service you accept these Terms. If you are under eighteen (18) years of age, you may not use the Service.
You must register an account with valid information. To use the Service, you must: (a) provide a valid mobile telephone number; (b) agree to the creation of an account associated with such number; (c) accept the present Terms; and (d) submit such other and additional information as PaySimati may request. You agree to provide true, accurate and complete information about yourself as prompted by PaySimati during the Know Your Customer (KYC) registration process. You will be given the option of receiving a unique PIN or Password for the purposes of accessing your PaySimati account. You are responsible for keeping your PaySimati PIN or Password secure.
The Service provides you with a method of discovering offers from independent third-party merchants (“Merchants”). These Merchants sell their respective Products subject to their own terms and conditions. For example:
If you decide to purchase Products such as these from third party Merchants, you do so at your own risk and subject to the relevant Merchant’s terms and conditions. The Products are not investigated, monitored, or checked for accuracy, reliability, appropriateness or completeness by PaySimati. By permitting you to discover Products via the Service, PaySimati does not imply approval or endorsement of such Products. You agree that PaySimati is not responsible or liable for the Products you purchase from Merchants.
In order to facilitate your purchases from Merchants, PaySimati has integrated its Service with the billing solutions of certain mobile money providers and bank/debit card issuing banks...
In order to facilitate your purchases from Merchants, PaySimati has integrated its Service with the billing solutions of certain mobile money providers and bank/debit card issuing banks (“Payment Processors”). If you purchase a Product from a Merchant using your supported PaySimati mobile money e-wallet or account or bank/debit card, payments will be processed by such Payment Processors. Payment Processors have their own terms and conditions governing your use of their payment services.
You understand and agree that PaySimati does not process payments and is not responsible or liable for any transactions in which you engage. By engaging in a purchase transaction using your PaySimati mobile money account or bank/debit card, you authorize the Merchant (or PaySimati on its behalf) to bill your account or card for the purchase amount.
PaySimati takes the matters of protection and security of its users’ information very seriously. PaySimati’s privacy policy governing the Service is attached to these Terms (“Privacy Policy”). The Privacy Policy is incorporated into these Terms by this reference. By using the Service, you agree to the use of your data in accordance with PaySimati’s Privacy Policy. PaySimati’s Privacy Policy addresses only the information collected by PaySimati in providing the Service to you. Merchants and Payment Processors have their own information gathering practices that will apply when you choose to purchase Products.
If you have any questions, concerns or requests related to a Product you have purchased from a Merchant, you should contact the Merchant directly or contact us at: hello@paymaart.com. Each Merchant maintains its own customer contact desk for handling such requests, however PaySimati may do its best effort to assist you. If you wish to submit a complaint about the practices of a Merchant offering its Products via the Service, you may contact us by email at hello@paymaart.com. For additional information on how PaySimati’s deals with complaints please consult our Complaints Procedure at www.PaySimati.com. By agreeing to provide its assistance, PaySimati does not accept any liability for such complaints or delays in, or insufficiency of, the response to the complaints.
You must not use the Service to violate or infringe the rights of any other person, including the rights of other users, PaySimati’s rights in the Service or Merchants’ rights in their Products. You must not breach any laws or regulations when using the Service or attempt to disrupt or interfere with the security or functionality of the Service. In the event PaySimati has the suspicion you are using the Services for illegal activities such as fraud, PaySimati will block your account immediately and reserves the right to report you to regulatory and other authorities as required by law.
You expressly agree that, as part of the Service, you may, from time to time, receive communications from PaySimati via email, instant message, telephone, text message (SMS) or other means. You may stop receiving promotional messages by emailing your request to opt-out, along with your cell phone number and/or PaySimati ID, to hello@paymaart.com, or following the opt-out instructions in the message. Even if you choose to opt out of receiving promotional messages, you may not opt out of receiving service-related messages.
PaySimati may in its sole discretion and at any time terminate your access to the Service or discontinue providing the Service or any part of the Service, with or without notice. You agree that PaySimati will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.
You acknowledge and agree that PaySimati’s Trust bank shall have the right to amend the interest rate applicable to PaySimati funds and you hereby indemnify and waive any/all claims of any nature against PaySimati for interest on your PaySimati funds.
You agree and acknowledge that where the funds in your PaySimati e-wallet have been flagged as or are suspected of being fraudulent in nature, PaySimati may immediately suspend your account and retain the funds pending an investigation. If you elect to lock an amount in your PaySimati e-wallet, such lock will remain in place for an agreed period time. If you elect to lift the lock on the account prior to the agreed date, you agree that PaySimati may impose a surcharge on you for lifting such lock and which amount PaySimati may immediately deduct from your PaySimati e-wallet balance. Interest accrued on your PaySimati e-wallet will be calculated daily and credited quarterly.
The Service is provided without any warranties or guarantees. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PaySimati AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
PaySimati is not liable for any damages you may incur as a result of using the Services. IN NO EVENT SHALL PaySimati OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PaySimati OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to submit to arbitration any disputes in connection with, or arising from, this Agreement. This Agreement is subject to, and shall be governed by, and construed in accordance with the laws of Malawi. Any matters arising out of, or concerning the interpretation, validity or implementation of this Agreement not resolved amicably by mutual agreement between the Parties shall be submitted to a single arbitrator to take place in Blantyre, Malawi as the seat of the arbitration. The arbitration proceedings and the award itself shall be in the English language.
The arbitration shall be conducted in accordance with, and pursuant to, the Arbitration Act of Malawi. The arbitral decision shall be final and binding on the Parties and may be made an order of court. The Parties unconditionally consent and submit to the jurisdiction of the High Court of Blantyre, Malawi for such purpose. Nothing in this Agreement will be deemed as preventing PaySimati from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as is necessary to protect PaySimati’s name, proprietary information, trade secrets, know-how, or any other intellectual property rights.
PaySimati may modify these Terms from time to time. These Terms and related policies (including but not limited to the Privacy Policy) may be modified by PaySimati without notice at any time in the future. Changes will be posted to www.PaySimati.com. By using the Service, you agree to be bound by the latest version of these Terms. It is your responsibility to remain informed of any changes.
PaySimati may modify these Terms from time to time. These Terms and related policies (including but not limited to the Privacy Policy) may be modified by PaySimati without notice at any time in the future. Changes will be posted to www.PaySimati.com. By using the Service, you agree to be bound by the latest version of these Terms. It is your responsibility to remain informed of any changes.
Alteration. No alteration, variation or agreed cancellation of this agreement, and this agreement’s associated Privacy Policy, shall be of any effect unless directed so by us.
Whole Agreement. This Agreement constitutes the whole agreement between the parties in regard to the subject matter hereof and no warranties or representations of any nature whatsoever other than set out in this agreement have been given by any of the parties.
Waiver/Relaxation. No relaxation or indulgence which PaySimati may show to you shall in any way prejudice or be deemed to be a waiver of its rights hereunder.
Survival. Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
As required by RBM’s Payment Systems (E-money) Regulations, PaySimati has established a complaints and dispute resolution procedure for its customers, merchants and agents. Details of this procedure, including how to make a complaint, are available to view here.
Last updated August 8, 2024
The terms and conditions set out herewith (this “Agreement”) shall apply to PaySimati Services provided by the Agent. By registering as a PaySimati Agent and accepting these terms...
PaySimati is authorised by Reserve Bank of Malawi (“Reserve Bank” or “RBM”), according to its Guidelines for Application and Authorisation of Payment Service Providers...
“Active” means, in relation to a SIM Card, that services for which it is enabled are conducted through it on a regular basis...
“Agent’s PaySimati Account” means the PaySimati Account opened in the name of the Agent and featuring a unique PaySimati ID...
