Terms of Service

Definitions

The following defined terms appear in this Terms of Service:

• "You", "you" or "Buyer": A Customer that applies to, registers to use, or uses, the Service to make Payment Transactions.
• Customer: A person that registers with the Service as a Buyer or a Seller.
• Seller: A Customer that uses the Service to process Payment Transactions from Buyers.
• Payment Instrument: The mobile payment option registered by a Customer with the Service or credit card or debit card to facilitate processing of Payment Transactions.
• Payment Transaction: The processing of a payment through the Service that results in debiting or charging of the Purchase Amount to a Buyer's Payment Instrument and crediting of funds to a Seller.
• Product: Any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.
• Purchase Amount: The amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
• Service: The Syndikiza service, described in this Terms of Service, that facilitates the processing of Payment Transactions on behalf of a Seller.

1. Overview of the Payment Functionality

The payment functionality offers you the possibility, in accordance with these Terms of Use, to store certain payment details, including the means of payment as part of the registration process, to subsequently be able to conveniently make non-cash payments at participating merchants ("Merchants").

All conventional Mastercard and Visa cards (debit, credit, prepaid) are available as means of payment. As part of the registration process, the relevant card is deposited in the Syndikiza wallet and approved by means of PSD2-compliant 2-factor authentication.

2. Prerequisites for Participation

The use of the payment functionality requires the following:

• You have an app-enabled terminal device with Android (Google) or iOS (Apple) operating systems, including BLE (Bluetooth) enabled.
• You are a natural person, have full legal capacity and have reached the age of 18.
• You are authorized to dispose of a credit or debit card in your name.
• Your identity and place of residence have been verified.
• You have accepted these Terms of Use.
• We have accepted your offer to conclude the contract and have activated the use of the payment functionality for you.

3. Requirements For Registration

In order to use the Service, you hereby consent to provide and agree to complete all required information elements on the Service registration pages. You must register a valid mobile payment option as a Payment Instrument or use a Credit Card to make Payment Transactions and pay fees and other obligations arising from your use of the Service.

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.

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.

4. Use of the Payment Functionality

After successful activation by us, you can use the payment functionality at all payment points of merchants that accept Syndikiza. The use of the payment functionality is prepared by selecting the payment functionality in the respective app and entering the PIN or your biometric data.

As a rule, the payment functionality can be used by "tapping" on a Syndikiza activated merchant terminal and starting the Bluetooth connection. With this action you declare bindingly that you want to pay with the payment functionality and confirm that you have triggered the payment yourself.

5. Your Duties of Care and Cooperation

Username And Password Information:

You are responsible for: 1) maintaining the confidentiality of your username and password, 2) any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password.

You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.

PIN Security: You must either remember the PIN or keep it safe. You are obliged to take all reasonable precautions to protect your terminal device from unauthorized access and to keep the PIN secret.

6. Locking the Payment Functionality

You can initiate a blocking of the payment functionality daily from 0 to 24 hours and free of charge by emailing the blocking hotline hotline@syndikiza.com

If your terminal device is lost or stolen, or if you discover misuse of the payment functionality, you are obliged to report this immediately via the blocking hotline. Furthermore, loss or theft must be reported immediately to the local authorities.

7. Contract Term and Termination

This contract is concluded for an indefinite period.

You may terminate the contract at any time without observing a period of notice and without the existence of or stating a reason by submitting a declaration of termination to us. Deleting the app or deleting the specific bank details does not constitute a declaration of termination.

We may terminate the contract at any time by giving one month's notice. You can send your notice of termination to office@syndikiza.com

8. Right of Withdrawal

You are entitled to revoke this user contract within fourteen days of conclusion without stating any reasons. The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an express declaration (e.g., a letter sent by post, fax or e-mail) to:

Inventure Africa Limited
P.O Box 70874-00400
Nairobi, Kenya
office@syndikiza.com

9. Limitations On the Use Of Service

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 without 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.

10. Jurisdiction; Governing Law

This Terms of Service shall be governed in all aspects in accordance with 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.

11. Acceptance of Terms

By downloading, installing, or using Syndikiza ("the App"), you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the App.

If you have any questions or concerns regarding these Terms and Conditions, please contact us at compliance@syndikiza.com