This user agreement will be effective for all users as of 12 July 2021.

 

By opening and using a Paytumi account, you agree to comply with all of the terms and conditions in this user agreement. You also agree to be bound by the other terms and conditions of use of the Access FinanceWebsite and products.

 

The terms and conditions set out herein are subject to revision at any time by Access Finance and such revised terms and conditions shall be posted on this website and shall become binding on you upon being uploaded on our Website. You are advised therefore to regularly check for the updated Terms and Conditions that will be in force from time to time. If the revised Terms and Conditions result in more or reduced rights and obligations of either party, a notice will be sent to you at least ten (10) days before the intended effective date of the revised Terms and Conditions. If you do not agree to the revised terms and conditions, you must stop using the Paytumi services, close your account and terminate your relationship with us without cost or penalty. This user agreement will continue to apply to your previous use of our services.

 

 

 

You must be at least 18 years of age for you to open a Paytumi Account. 

 

Unless you are already registered with Access Finance for their other products such as Access Forex and you have already supplied us with your Know Your Client documents and information (“KYC documentation”) that we are required to keep with us before dealing with you, you are required to furnish us with these documents for verification. Once we are satisfied with the documents that you have uploaded and you meet the other eligibility criteria listed below, an account will be opened in your name.

 

By submitting your information required for account opening together with your KYC documentation, you authorise us to, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

• asking you for further information, such as your date of birth, your taxpayer or national identification number, your physical address and other information that will allow us to reasonably identify you;
• requiring you to take steps to confirm ownership of your email address or financial instruments;
• ordering a credit report from a credit reporting agency;
• verifying your information against third party databases or through other sources; or
• requiring you to provide further documentation, such as your driver's license or other identifying documents at any time.

Anti-money laundering and counter-terrorism financing laws may require that Access Finance verify certain identifying information. Access Finance reserves the right to close, suspend, or limit access to your Paytumi account and/or the Paytumi services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

 

Access Finance is an authorised payment services provider and acts as such by creating, hosting, maintaining and providing our Paytumi services to you via the internet. Your Paytumi Account allows you to make purchases of goods and services from Merchants registered with and who accept Paytumi as a payment method.

 

To open the account, you are required to complete the Form and submit the KYC Documentation mentioned above. Your account will only be opened once we are satisfied that we have verified your identity and there are no negative reports concerning you. 

 

In order to open and maintain a Paytumi account, you must list your correct information as to your country of residence and provide us with correct and updated account information, including but not limited to personal information, financial information, or other information related to you or your business.

You must keep your mailing address, email address and other contact information current in your Paytumi account profile.

 

 

It is your sole responsibility to maintain adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your Paytumi account and the Paytumi services.

 

You must be the beneficial owner of your Paytumi account, and conduct business only on behalf of yourself.

Granting permission to any third party to access your Paytumi account in any way does not relieve you of any of your responsibilities under this user agreement. You are liable to us for the actions that you authorize the third parties to carry out. You will not hold us responsible for, and you will indemnify us from, any liability arising from the actions or inactions of such third parties in connection with the permissions you granted, subject to your mandatory legal rights.

 

 

You may close your account and terminate your relationship with us at any time without cost or penalty, but you will remain liable for all obligations related to your Paytumi account even after the Paytumi account is closed. When you close your Paytumi account, we will cancel any scheduled or incomplete transactions.

You will not be able to close your Account:

• To evade an investigation.
• If you have a pending transaction or an open dispute or claim.
• If your Paytumi account has a negative balance.
• If your Paytumi account is subject to a hold, limitation or reserve.

1. Link or Unlink a Payment Method

You can link or unlink a credit card, debit card or a bank account to your Paytumi account as a payment method. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your Paytumi account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner.

Any Paytumi balance you hold represents an unsecured claim against Access Finance. Access Finance combines your balance with the balances of other users and invests those funds in liquid investments. These pooled amounts are held separate from Access Finance's corporate funds, and Access Finance will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. You agree Access Finance shall own the interest or other earnings on these investments. You agree to assign any rights to any interest derived from your funds to Access Finance.

Your Paytumi balance may be held in any of the currencies supported by Access Finance, and you may hold a balance in more than one of these currencies at the same time.

 

If Access Finance converts currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion fee applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior Business Day; or, if required by law or regulation, set at the relevant government reference rate(s).

 

When your payment is funded by a debit or credit card and involves a currency conversion by Access Finance, you consent to and authorize us to convert the currency in place of your debit or credit card issuer. You may have the right to have your card issuer perform the currency conversion, if applicable for that card issuer and network. This currency preference selection may be presented to you in various forms, including a choice of which currency is used for the transaction, whether Access Finance or your card issuer performs the conversion, or which conversion rate is used for the transaction, among others. If your card issuer converts the currency, your card issuer will determine the currency conversion rate and the fees they may charge.

Access Finance will always perform the conversion for transactions where you use your existing Paytumibalance or your linked bank account is the payment method.

You have the right to receive an account statement showing your Paytumi account activity. You may view your Paytumi account statement by logging into your Paytumi account.

 

 

You can buy something from a seller who accepts Paytumi in any currency that the recipient accepts, and that Paytumi supports, using the funds in your Paytumi balance, or using any payment method linked to your Paytumi account. This includes, for example:

• Buying something at an online retailer's website and selecting Paytumi as your payment method at checkout.
• Sending a payment to a seller for good or services.

In order to manage risk, Access Finance may limit the payment methods available for a transaction when you buy something. In addition, payment methods may be limited for certain sellers or recipients, including Paytumi payments made through certain third-party websites.

 

When you authorize a payment to a seller who accepts Paytumi, some sellers may take some days before completing the transaction. In these instances, your payment may appear as a pending order in your Paytumi account. In that case, your authorization of the payment will remain valid until the seller completes the transaction. If you used a debit or credit card as the payment method, your debit or credit card issuer also may show a pending authorization for a period of time until they release the hold or receive a completed transaction.

 

 

When you buy something from a seller who accepts Paytumi, you do not pay a fee to Paytumi. If Access Finance performs a currency conversion for your purchase, Access Finance's transaction exchange rate will be used.

Your credit card or debit card issuer may also charge you a separate fee for transactions.

 

 

When Access Finance identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, Access Finance will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we do not clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action.

 

 

You can agree with a seller who accepts Paytumi to use Paytumi as the payment method for future purchases with that seller. This agreement is between you and the seller and allows the seller to take funds from your Paytumi account with your authorization on a one-time, regular or sporadic basis. 

You may cancel an automatic payment up to 3 Business Days before the date of the next scheduled payment from your account settings. Once an automatic payment is canceled, all future automatic payments under your agreement with that seller will be stopped. If you cancel an automatic payment, you may still owe the seller funds for the purchase or have additional obligations to the seller for any goods or services that you receive but have not paid for and you may be required to pay the seller through alternative means.

 

 

When you buy something from a seller online using Paytumi and the transaction is ultimately refunded, the payment will typically be refunded to the original payment method you used for the transaction if you used a credit card, debit card or Paytumi balance. If you used a bank account as the payment method for the transaction, we will refund the payment to your bank account, or to your Paytumi balance if we cannot refund it to your bank account. 

 

If Paytumi performed a currency conversion for your transaction and a refund is issued:

• within 1 day of the date of the original payment, the transaction exchange rate (including our currency conversion fee) used at the time of the original payment will apply.
• beyond 1 day of the date of the original payment, Paytumi's transaction exchange rate (including our currency conversion fee) on the date of the refund will apply. The transaction exchange rate may be applied immediately and without notice to you. This means that you may not receive the full amount of your original payment due to the fees above and fluctuations in currency conversion rates.

Payments will be refunded in the currency you paid, or if we are unable to refund in the currency you paid, in your primary holding currency.

 

Some sellers allow you to store Paytumi as the way to pay when making purchases on their site, so you can check out faster. Often, this entails creating an agreement with the seller that permits them to request that we charge your Paytumi account each time you make a purchase.

You can select a payment method for future purchases with a particular seller either at the time of creating the agreement or in your account settings. 

 

You can cancel any agreement in your account settings.

 

 

When you use your bank account as a payment method, you are allowing Access Finance to initiate a transfer from your bank account to the recipient. For these transactions, Access Finance will make electronic transfers from your bank account in the amount you specify. You authorize Access Finance to try this transfer again if the initial transfer is rejected by your bank for any reason.

 

Access Finance provides a platform to enable you to make payments to Merchants for goods and services purchased by you and for the Merchants to receive the amounts due to them for goods and services sold by them. It is your responsibility to ensure that the goods and services purchased by you are delivered and are of the quality or standard as agreed between you and the Merchant. Access Finance cannot guarantee the quality or standard of such goods and services and shall not be held liable by you for any failure by the Merchant to meet its contractual obligations.

 

RESTRICTED ACTIVITIES & HOLDS

In connection with your use of our websites, your Paytumi account, the Paytumi services, or in the course of your interactions with Paytumi, other Paytumi customers, or third parties, you will not:

• Breach this user agreement, Access Finance's Acceptable Use Policy, or any other agreement between you and Access Finance.
• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
• Infringe Access Finance's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
• Act in a manner that is defamatory, trade libelous, threatening or harassing.
• Provide false, inaccurate or misleading information.
• Send or receive what we reasonably believe to be potentially fraudulent funds.
• Engage in potentially fraudulent or suspicious activity and/or transactions.
• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
• Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Access Finance and the seller, bank or card issuer for the same transaction.
• Control an account that is linked to another account that has engaged in any of these restricted activities.
• Use your Paytumi account or the Paytumi services in a manner that Paytumi, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
• Allow your Paytumi account to have a negative Paytumi balance.
• Provide yourself a cash advance from your credit card (or help others to do so).
• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Paytumi services) operated by us or on our behalf or the Paytumi services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Paytumi services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Paytumi services) operated by us or on our behalf, any of the Paytumi services or other users' use of any of the Paytumi services.
• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
• Use the Paytumi services to test credit card behaviors.
• Circumvent any Access Finance policy or determinations about your Paytumi account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Paytumi account(s) when an account has a negative Paytumi balance or has been restricted, suspended or otherwise limited; opening new or additional Paytumi accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's Paytumi account;
• Harass and/or threaten our employees, agents, or other users.
• Abuse (as either a buyer or seller) of our online dispute resolution process and/or Access Finance's Buyer Protection.
• Cause us to receive a disproportionate number of claims that have been closed in favour of the claimant regarding your Paytumi account.
• Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Paytumi services.
• Disclose or distribute another user's information to a third party, or use such information for marketing purposes unless you receive the user's express consent to do so.
• Send unsolicited emails to users or use the Paytumi services to collect payments for sending, or assisting in sending, unsolicited emails to third parties.
• Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Access Finance websites without our or any applicable third party's written consent.
• Reveal your account password(s) to anyone else, nor use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords.

Actions We May Take if You Engage in Any Restricted Activities

 

If we believe that you have engaged in any of these activities, we may take a number of actions to protect Access Finance, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your Paytumi account, and/or close or suspend your Paytumi account, immediately and without penalty to us;
• Refuse to provide the Paytumi services to you now and in the future;
• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Paytumi services) operated by us or on our behalf, your Paytumi account or any of the Paytumi services, including limiting your ability to pay or send payments with any of the payment methods linked to your Paytumi account, restricting your ability to send payments or make withdrawals;
• Hold your Paytumi balance if reasonably needed to protect against the risk of liability to Access Finance or a third party;
• Suspend your eligibility for Paytumi's Buyer Protection program;
• Contact your bank or credit card issuer, other impacted third parties or law enforcement about your actions;
• Update inaccurate information you provided us;
• Take legal action against you;
• Hold, apply or transfer the funds in your Paytumi account as required by judgments and orders which affect you or your Paytumi account, including judgments and orders issued by courts and directed to Access Finance or its affiliates; or
• Hold you liable for damages to Access Finance caused by your violation of this policy.

If we close your Paytumi account or terminate your use of the Paytumi services for any reason, we will provide you with notice of our actions and make any unrestricted funds held in your Paytumi account available for withdrawal.

 

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Access Finance, any Access Finance customer, or a third party caused by or arising out of your breach of this user agreement, and/or your use of the Paytumi services.

What are holds, limitations and reserves

Under certain circumstances, in order to protect Access Finance and the security and integrity of the network of buyers and sellers that use the Paytumi services, Access Finance may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we will provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Resolution Centre or follow the instructions in our email notice with respect to the limitation, hold or reserve.

 

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of Access Finance, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Paytumi account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

In order to facilitate Access Finance’s actions described above and allow us to assess the level of risk associated with your Paytumi account, you agree to cooperate with Access Finance’s reasonable requests for financial statements and other documentation or information in a timely fashion.

 

Holds

 

A hold is an action that Access Finance may take under certain circumstances either at the transaction level or the account level. When Access Finance places a temporary hold on a payment, the funds shall not be available to either the sender or the recipient. Access Finance reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where Access Finance will hold payments include:

• New sellers or sellers who have limited selling activity.
• Payments for higher-risk categories like electronics or tickets.
• Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes.

Account Limitations

 

Limitations prevent you from completing certain actions with your Paytumi account, such as withdrawing, sending or receiving payments. These limitations are implemented to help protect Access Finance, buyers and sellers when we notice Restricted Activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Paytumi account open.

There are several reasons why we may limit your access to your Paytumi account or the Paytumi services, and/or limit access to your funds, including:

• If we suspect someone could be using your Paytumi account without your knowledge, we will limit it for your protection and look into the fraudulent activity.
• If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your Paytumi account and your bank account.
• In order to comply with applicable law.
• If we reasonably believe you have breached this agreement;

If we limit access to your Paytumi account, we will provide you with notice of our actions and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect Access Finance, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability

 

 

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Paytumi account, placing a reserve or limitation on your Paytumi account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Paytumi account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place as long as reasonably necessary as determined by Access Finance.

 

To protect yourself from unauthorized activity in your Paytumi account, you should regularly log into your Paytumi account and review your Paytumi account statement. Access Finance will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

 

Access Finance will protect you from unauthorized activity in your Paytumi account. When this protection applies, Access Finance will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

 

An "Unauthorized Transaction" occurs when a payment is sent from your Paytumi account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Paytumi account, and buys goods or services using your Paytumi account, an Unauthorized Transaction has occurred.

 

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

 

If you give someone access to your Paytumi account (by giving them your login information) and they use your Paytumi account without your knowledge or permission. You are responsible for transactions made in this situation.

 

Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

 

 

Reporting an Unauthorized Transaction

You should contact Paytumi Customer Service immediately if you believe:

• there has been an Unauthorized Transaction sent from your account;
• there has been unauthorized access to your account;
• your Paytumi login information has been lost or stolen; or
• any device you have used to access your Paytumi account has been lost, stolen or deactivated.

You must give us all the available information relating to circumstances of any Unauthorized Transactions, and/or misappropriated or unauthorized use of your account, and take all reasonable steps requested to assist Access Finance in its investigation.

 

If you notify us of an Unauthorized Transaction within 60 days of the transaction and we are satisfied that it was an Unauthorized Transaction, you will be eligible for 100% protection for the Unauthorized Transaction.

 

What is an Error

An "Error" means the following:

• a processing error made by Access Finance or its suppliers in which your Paytumi account is mistakenly debited or credited, or when a transaction is incorrectly recorded in your Paytumi account.
• You send a payment and the incorrect amount is debited from your Paytumi account.
• A transaction is missing from or not properly identified in your Paytumi account statement.
• We make a computational or mathematical error related to your Paytumi account.

What are not errors:

• The following are NOT considered errors:
• If you give someone access to your Paytumi account (by giving them your login information) and they use your Paytumi account without your knowledge or permission. You are responsible for transactions made in this situation.
• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks. 

Contact us immediately.

 

Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

• Tell us your name, email address and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will complete our investigation within 10 business days after we receive your notification of the suspected error. If we need more time, however, we may take up to 45 days to investigate your complaint or question.

We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation of our decision. If you received a provisional credit, we will remove it from your account and notify you of the date and amount of the debit. You may ask for copies of the documents that we used in our investigation.

If we determine that there was an error, we will promptly credit the full amount into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• You receive less than the correct amount to which you were entitled, then we will credit your Paytumi account for the difference between what you should have received and what you actually received.
• You receive more than the correct amount to which you were entitled, then we will debit your Paytumi account for the difference between what you actually received and what you should have received.
• Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
  1. through no fault of ours, you did not have enough available funds to complete the transaction;
  2. our system was not working properly and you knew about the breakdown when you started the transaction; or
  3. the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from Access Finance applying holds, limitations or reserves.
• Delays based on a payment review.
• Delays described due to transaction processing relating to the time it may take for a purchase transaction to be completed in some situations.
• Your errors in making a transaction (for example, mistyping an amount that you are sending).

1. Communications Between You and Us

 

 

1. If you provide us your mobile phone number, you agree that Access Finance and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) inform you about your use of the Paytumi services and/or service your Paytumi accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by Access Finance. You can decline to receive autodialed or prerecorded message calls or texts to your mobile phone number in several ways, including, via an email transaction receipt, in your account settings, or by contacting us. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. However, we may still call you directly using other means if we need to speak with you.
2. Access Finance may communicate with you about any Paytumi account or transaction information and the Paytumi services electronically. It is your responsibility to keep your primary email address up to date so that Access Finance can communicate with you electronically. You understand and agree that if Access Finance sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Access Finance will be deemed to have provided the communication to you effectively.
3. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Access Finance, Access Forex and Paytumi to your email address book so that you will be able to view the communications we send to you.
4. Access Forex reserves the right to close your account if you withdraw your consent to receive electronic communications.
5. You will be considered to have received a communication from us, if it is delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it is delivered by mail, 5 business days after we send it.
6. Written notices to us shall be sent to the Paytumi Contact Centre which is on our website.
7. You understand and agree that, to the extent permitted by law, Access Finance may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Access Finance or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Access Finance may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Access Finance, and Access Finance does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

 

Access Finance, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Paytumi services) operated by us or on our behalf or some or all of the Paytumi services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your Paytumi balance.

 

As security for the performance of your obligations under this user agreement, you grant to Access Finance a lien on, and security interest in and to, your Paytumi balance in the possession of Access Finance.

 

 

1. If your Paytumi balance becomes negative for any reason, that negative Paytumi balance represents an amount that you owe to Access Finance. Access Finance may set off these amounts from funds that are subsequently added to your Paytumi account, either by you or from payments you receive. If you have more than one Paytumi account, we may set off a negative Paytumi balance in one Paytumi account against a Paytumi balance in your other Paytumi account(s). If you continue using your Paytumi account when it has a negative balance, you authorize Access Finance to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.
2. If you hold funds in a Paytumi account in multiple currencies, and the balance for one of the currencies becomes negative for any reason, Access Finance may set off the negative Paytumi balance by using funds you maintain in a different currency. If you have a negative balance in non-relevant currency for a period of 21 days or longer, Access Finance will convert this negative balance to relevant currency. In either case,Access Finance's transaction exchange rate (including our currency conversion fee) will be used.

 

 

 

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.

 

If Access Finance invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that Access Finance assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Access Finance's discretion.

 

 

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

 

In this section, we use the term "Access Finance" to refer to Access Finance(Private) Ltd and our affiliates, and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

 

You must indemnifyfor actions related to your Access Finance account and your use of the Access Forexand Paytumi services. You agree to defend, indemnify and hold Access Forex harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Access Finance services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Access Finance account or access our websites, software, systems (including any networks and servers used to provide any of the Access Finance services) operated by us or on our behalf, or any of the Access Finance services on your behalf.

 

 

1. Limitation of liability
2. Access Finance's liability is limited with respect to your Paytumi account and your use of the Paytumi services. In no event shall Access Finance be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Paytumi services) operated by us or on our behalf, any of the Paytumi services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Access Finance is not liable, and you agree not to hold Access Finance responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Paytumi services) or any of the Paytumi services; (2) delays or disruptions in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Paytumi services), and any of the Paytumi services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Paytumi services), any of the Paytumi services, or any website or service linked to our websites; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Paytumi services), any of the Paytumi services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Paytumi account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Paytumi's policies.

 

 

 

If you have a dispute with any other Access Finance account holder, you release Access Financefrom any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

 

1. Disputes with Access Finance
   1. Contact Access FinanceFirst

If a dispute arises between you and Access Finance, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Access Financeregarding the services may be reported toAccess Finance Customer Service.

 

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 USD (or other currency equivalents), you may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If you elect arbitration, you will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by you and us. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by you; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Access Finance's trademarks

“Access Finance”, "Access Forex", "Paytumi," and all logos related to the Paytumi services are marks of Access Finance. You may not copy, imitate, modify or use them without Access Finance's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Access Finance. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided byAccess Finance for the purpose of directing web traffic to the Paytumi services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Access Financeor the Paytumi services or display them in any manner that implies Access Finance's sponsorship or endorsement. All right, title and interest in and to the Access Finance websites, any content thereon, the Paytumi services, the technology related to the Paytumi services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Access Financeand its licensors.

If you are using Access Financesoftware such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Access Financegrants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use Paytumi's software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Paytumi services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, Access Financeand third parties. Access Financemay update or discontinue any software upon notice to you. While Access Financemay have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Paytumi Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to Access Finance's software are owned by Access Financeand any third party materials integrated therein are owned by Access Finance's third party service providers. Any other third party software application you use on the Access Finance websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Access Financedoes not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the Paytumi services. If you are using the Paytumi services on the Access Finance website, or other website or platform hosted by Access Finance, or a third party, and are not downloading Access Finance's software or using third party software applications on the Access Financewebsite, then this section does not apply to your use of the hosted Paytumi services.

 

Access Finance does not claim ownership of the content that you provide, upload, submit or send to Access Finance. Nor does Access Finance claim ownership of the content you host on third-party websites or applications that use Access Financeservices to provide payments services related to your content. Subject to the next paragraph, when you provide content to Access Finance or post content using Paytumi services, you grant Access Finance (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any media known now or in the future to help us improve, operate and promote our current services and develop new ones. Access Finance will not compensate you for any of your content. You acknowledge that Access Finance's use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Access Finance. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to Access Finance, your posting of content using the Paytumi Services, and Access Finance's use of such content (including of works derived from it) in connection with the Paytumi services.

1. Miscellaneous
   1. Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without Access Finance's prior written consent. Access Finance may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

 

"Business Day(s)" means Monday through Friday, excluding national holidays recognized in the United Kingdom and Zimbabwe.

 

If you do not log in to your Paytumi account for two or more years, Access Financemay close your Paytumi account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.

 

This user agreement, along with any applicable Policies on the Legal Agreements page on the Access Financewebsite, sets forth the entire understanding between you and Access Financewith respect to the Paytumi services. All such terms which by their nature should survive, will survive the termination of this user agreement. If any provision of this user agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

 

This Agreement will be governed by and interpreted in accordance with the laws of Zimbabwe. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against Access Financemust be resolved by a court located in Zimbabwe or where the defendant is located. You agree to irrevocably submit to the non­-exclusive jurisdiction of the courts located within Zimbabwe for the purpose of any suit, action or other proceeding arising out of this user agreement or your use of our websites or the services.

All claims you bring against Access Financemust be resolved in accordance with this user agreement. All claims filed or brought contrary to this user agreement shall be considered improperly filed and a breach of this user agreement. Should you file a claim contrary to this user agreement, Access Financemay recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $2,000.00 USD, provided thatAccess Finance has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

We act as a foreign currency transfer service and payment service provider only. We do not:

• Act as a bank or provide banking services;
• Act as an escrow agent with respect to any funds kept in your account;
• Act as your agent or trustee;
• Enter into a partnership, joint venture, agency or employment relationship with you;
• Have control of, nor liability for, the products or services that are paid for with the Paytumiservices;
• Guarantee the identity of any seller;
• Ensure that a seller will complete a transaction;
• Determine if you are liable for any taxes; or
• Unless otherwise expressly set out in this user agreement, collect or pay any taxes that may arise from your use of our services.

 

We value your privacy. Please read our Privacy Policy on our Website for our detailed policy rules relating to our Privacy Policy.