Overview
This Terms of Service is a legal agreement between you and FinPay Online Payments that governs your access to and use of the FinPay Online Payment technology services hereby offered by FinPay Payment Service Provider. Please review this entire Terms of Service before you decide whether to accept it and continue with the registration process.
Merchant Rights & Obligations
To use the FinPay online payment services, you hereby consent to provide and agree to complete all required registration documentation. You undertake and agree to provide current, complete, and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service or to assist in determining whether to permit you to continue to use the Service.
You hereby agree that, in addition to any other rights and remedies available to us, you will not be eligible to receive any commissions otherwise payable to you under this Agreement for fraudulent sales.
By agreeing to this Terms of Service for Buyers, you represent that you are:
18 years old or older; and
capable of entering into a legally binding agreement.
FinPay Online Rights and Obligations
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement. We may at our sole discretion notify you of any changes that should be made to your site, or to make sure that your links to our website are appropriate and to notify you of any further changes that should be made.
We reserve the right to change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and liability.
We do not warrant that the functions contained in the Service will be uninterrupted or error-free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures, or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service).
We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail and/or SMS.
Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party a 24-hour written notice. The written notice can be in the form of mail or email. In addition, we reserve the right to terminate this Agreement immediately upon any material breach of this Agreement by you or if we, in our sole discretion, determine that our reputation may be tarnished by the continued relationship.
Amendments
FinPay We reserve the right to amend any of the clauses contained in this Agreement at any time and in our sole discretion. Any amendments shall be effective upon posting of the amended Agreement on finpay.online. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
If any amendment is unacceptable to you, your SOLE recourse shall be to terminate this Agreement by issuing a notice.
Assignment
FinPay may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
Waiver
No failure or delay by us in exercising any claim, remedy, power, or privilege under this Agreement shall operate as a waiver nor shall any single or partial exercise of any right, remedy, claim, power, or privilege.
Disclaimer
FinPay shall not be liable for any delay or failure in the performance of its obligations under this agreement that is due to or results from any circumstances beyond its reasonable control. In any such event, FinPay shall be entitled to delay or cancel delivery of the Service.
Representations and Warranties
You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you by its terms;
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Privacy
You understand and agree that personal information provided to us in connection with the use of the FinPay payment gateway is subject to FinPay’s Privacy Policy.
Indemnity
You hereby indemnify FinPay and undertake to keep FinPay indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by FinPay to a third party in settlement of a claim or dispute on the advice of FinPay’s legal advisers) incurred or suffered by FinPay arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Entire Agreement
These terms and conditions, together with FinPay’s Privacy Policy; constitute the entire agreement between you and FinPay Online Fintech Limited about your use of this website, and supersede all previous agreements in respect of your use of this website.
Jurisdiction; Governing Law
This Terms of Service shall be governed in all aspects by the Laws of Kenya and a court of complete jurisdiction in Kenya shall determine every claim or dispute arising out of or in connection with this Terms of Service.