Terms of Service
Last updated: Dec 10, 2017
Welcome to BrillantPay!
This Terms of Service is a legal agreement between You and BrillantPay (Payments Processor) that governs Your access to and use of the BrillantPay services and platform as a client/user. Please review this entire Terms of Service before You decide whether to accept it and continue with the registration process.
The following defined terms appear in this Terms of Service:
“We” or “us”: BrillantPay.
“Service”: The BrillantPay service, described in this Terms of Service, which facilitates the processing of Payment Transactions on behalf of a Seller.
“You” or “Client”: A person that applies to, or registers to use, or uses, the Service to accept and manage Payment Transactions.
“Customer” or “Buyer”: A person that makes a payment transaction on the Client’s platform.
“Seller”: A Client that uses the Service to process Payment Transactions from Buyers.
“Payment Channel”: The payment method/option that is registered by a Client with the Service to facilitate the processing of Payment Transactions.
“Payment Transaction”: The processing of a payment through the Service that results in the debiting or charging of the Payment Amount to a Buyer’s Payment Channel and the crediting of these funds to a Seller.
“Product”: Any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.
“Payment Amount”: The amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
2. Registration Requirements
To use the Service, You hereby consent to provide and agree to complete all required information elements on the Service registration web pages. You must register a valid Payment Channel (including mobile numbers, credit and debit cards, bank accounts, bitcoin accounts, etc) 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.
We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for Buyers, You represent that You are: (i) 18 years old or older; and (ii) capable of entering into a legally binding agreement.
3. Payments Processing
The Service facilitates the processing of Payments to complete a transaction. The Service will store information from Buyers, such as their Payment Channels, and will process Payment Transactions on behalf of Sellers. We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Buyers, or other applicable BrillantPay policies, as determined in BrillantPay’s sole and absolute discretion. Buyer authorizes the charge or debit to Buyer’s Payment Channel as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting to Buyer’s BrillantPay Credit in connection with reversals, refunds, or adjustments through the Service.
You acknowledge and agree that Customer payments of Products are transactions between You and the Customer, and not with BrillantPay. BrillantPay is not a party to Customer’s purchase of Products, and BrillantPay is not a buyer or a seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a BrillantPay website.
You acknowledge and agree that payments to requests from other Buyers are transactions between You and the Buyer and not with BrillantPay.
You acknowledge and agree that You are not able to withdraw money from Your BrillantPay Credit account.
4. Service Use Limitations
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 also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability.
We cannot promise that the Service will be error free or we will deliver at 100% efficiency, because this is almost impossible to achieve. We do not warrant that the functions contained in the Service will be uninterrupted, and we shall not be responsible for any service interruptions (including, but not limited to, system downtimes or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service).
When we suspect any fraudulent, immoral, unacceptable, or change from allowable business practices to those disallowed, We may limit or suspend Your use of the Service immediately, 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.
5. Access Credentials
You are responsible for: i) maintaining the confidentiality of Your username and password, ii) any and all transactions by persons that You give access to or that otherwise use such username or password, and iii) 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 at firstname.lastname@example.org.
We do not charge a fee to use the Service to purchase goods or services as a Buyer. Fees may be applicable to other services provided, such as receiving payments against requests issued by You to other Buyers.
Fees will be charged immediately on receipt/availability of the transaction funds and the summary shown to You on your BrillantPay account.
Any fee that hasn’t been paid will be invoiced to You with a stated payment period, after which a fee will accrue until the date of payment of the standing invoice amount.
BrillantPay will provide various tools and services to help You Customers in communicating with each other to resolve a dispute that may arise with respect to their transaction. If Customers are unable to resolve a dispute, we can mediate disputes between Buyers and Sellers if either party requests assistance.
9. Termination of Service
We may, in our sole and absolute discretion without liability to You or any third party, terminate Your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of Your use of the Service, You remain liable for all Payments and any other obligations You have incurred. Upon termination, we have the right to prohibit Your access to the Service, including without limitation by deactivating Your account, and to refuse future access to the Service by You.
10. Products Endorsement
BrillantPay does not represent or endorse, and shall not be responsible for: (i) the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the Service; or (ii) the ability of Buyers to buy Products or Sellers to deliver Products. BrillantPay hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service.
11. Force Majeure
BrillantPay shall not be liable to the Buyer in the event of any disruption of the Service or the Payment Platform or any part thereof resulting from Force Majeure and BrillantPay may suspend the Service or part thereof in such an event. Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for BrillantPay to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of the Service caused by disruption or suspension of the telecommunication facilities.
12. 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.
13. Updates on the Terms of Service
We may change this Terms of Service. The “Last updated” legend at the top of this Terms of Service indicates when this Terms of Service was last revised. Any changes are effective when we post the revised Terms of Service on the Services.