Terms and Conditions

Introduction

Definitions

Registration

Our role

Payments

Fees

Cashback and promotions

Record keeping

Data Privacy

Due diligence, audit rights, and investigations

Disputes

Warranties

Limitations and exclusions of liability

Indemnification

Term and Termination

Entire agreement

Hierarchy

Variation

No waiver

Severability

Assignment

Third-party rights

Law and jurisdiction

Our company details

Notices

1. Introduction

1.1. (“JumiaPay” or “we” or “us”) provides a payment service (“JumiaPay service”) to enable the buyer (“buyer” or “you”) to make payments for products or services purchased on websites and applications operated by JumiaPay, its affiliated companies, and other third-party merchants who accept payment via the JumiaPay service (“merchants”).
1.2. These terms and conditions apply to your use of the JumiaPay service whether you make payments or access the service using a website or an application operated by a third party merchant; or by a merchant that is owned or controlled by us, in control of us, or under common control with us (“a Jumia affiliate”).
1.3. By using the JumiaPay service, you agree to be bound by these terms and conditions and our policies, as may be modified from time to time. If you do not agree to these terms and conditions, you may not access or use the JumiaPay service.

2. Definitions

2.1. “Account” means your JumiaPay Account, being the record maintained by us of the amount of E-Money from time to time held by you and represented by an equivalent amount of cash held by the Trustee on your behalf;
2.2. “Cash” means the lawful currency of the Republic of Kenya;
2.3. “JumiaPay Services” or “JumiaPay” means the services provided by JumiaPay to enable the buyer (“buyer” or “you”) to make payments for products or services purchased on websites and applications operated by JumiaPay, its affiliated companies, and other third-party merchants who accept payment via the JumiaPay service;
2.4. “JumiaPay System” or “JumiaPay” means the system operated by JumiaPay providing the JumiaPay Services;
2.5. “Personal Information” means personal identifiable information as prescribed in the Data Protection Act which includes but is not limited to name, address, phone number, identification number, and location data;
2.6. “Password” means the password you choose to access and operate your JumiaPay Account;
2.7. “You” or “your” means the JumiaPay Customer who has registered to use the JumiaPay Service

3. Registration

3.1. Your account for the JumiaPay service (“JumiaPay account”) is linked to any account that you have established for purchasing products or services through a website or an application operated by JumiaPay or a Jumia affiliate (“Jumia marketplace account”).
3.2. To create a new JumiaPay account you must create new login details on our website or Application (which you will be directed to from the checkout page of any merchants who accept payment via the JumiaPay service)
3.3. Your JumiaPay account shall be used exclusively by you and you agree to be responsible for any activity on your JumiaPay Account or your Jumia marketplace account arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
3.4. You agree to keep the password for your JumiaPay account or other authentication methods (“password”) confidential and notify us in writing immediately as provided in section 24 if you become aware of any disclosure of your password in order that we may block your account.
3.5. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation.
3.6. JumiaPay accounts are intended for use by individuals. You may not register for a JumiaPay account if you are under 18 years of age. By using the JumiaPay service and agreeing to these terms and conditions, you warrant and represent to us that you are an individual of at least 18 years of age.
3.7. Your JumiaPay account permits you to access the information in your JumiaPay account to make purchases from merchants who accept JumiaPay.
3.8. You may register and access in your JumiaPay account one or more credit cards, debit cards, and other payment methods that we accept for making purchases (“payment methods”).
3.9. Any payment method you use with JumiaPay will automatically be saved to your JumiaPay account. A list of your saved payment methods will appear on the payments page.
3.10. You may access your payment methods in JumiaPay for making purchases. You may be required to verify that you control the payment methods in your JumiaPay account prior to using them for making any purchases.
3.11. You agree to provide any information that we or our financial institutions may require or that you may be required by law to provide, in respect of the JumiaPay service.

4. Our role

4.1. Our JumiaPay service enables buyers to use the payment information stored in the JumiaPay account to make payments to merchants.
4.2. The availability of payment methods may vary depending on the merchant. Some features may also be limited based on where you are located and what we know about you.
4.3. JumiaPay acts as the service provider of the merchant in connection with the JumiaPay service, except in cases where another payment service provider enables a merchant to accept the JumiaPay service.
4.4. We may use the services of one or more third parties, affiliates, processors, and/or financial institutions to provide the JumiaPay service.
4.5. Your payment service provider is the entity that issued your payment method e.g. credit card, debit card or mobile money provider.
4.6. Except for our limited role in enabling the merchant to accept the JumiaPay service, we are not involved in any underlying sales transaction between you and the merchant. In particular:
- 4.6.1. we are neither the buyer nor the seller of the items or services the merchant offers for sale and are not a party to the sales contract;
- 4.6.2. our only involvement with regard to the sales transaction between the buyer and seller of the items or services is as a payment gateway and no more;
- 4.6.3. the merchant is the seller of record for all sales via the JumiaPay service. The name of JumiaPay, one of our affiliates, or the merchant’s payment service provider, will appear on the statement issued by your payment service provider (which may also, at our option, display the merchant’s trade or business name).
4.7. A buyer’s obligation to pay for an item purchased via the JumiaPay service is satisfied when the buyer properly pays in full for that item via JumiaPay service. We are not a fiduciary or trustee of either the buyer or the merchant.
4.8. Subject to section 8 below, we will not mediate disputes between buyers and merchants or enforce or execute the performance of any sales contract. We may intervene in disputes between buyers and merchants concerning payments but have no obligation to do so.
4.9. If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us to take action to help prevent financial loss.

5. Payments

5.1. Buyers may pay for products and services sold by any person with a merchant account.
5.2. All transactions shall be denominated in the currency stated on the JumiaPay payments page. If your payment service provider does not recognize fractions of the currency sub-unit, we may round up the transaction value to the nearest sub-unit.
5.3. You may be charged a cash advance, currency exchange (if applicable) or other fees directly by your payment service provider. We are not responsible for these fees.
5.4. In the event that you receive a refund in respect of products purchased using JumiaPay, we may apply the refund to your JumiaPay account, unless not permitted by applicable law.
5.5. You may also make payment using a Jumia gift card. Such payments will be subject to the Jumia Gift Card Terms and Conditions.

6. Fees

6.1. You are responsible for the payment of all applicable fees. JumiaPay publishes fees payable on the JumiaPay website.
6.2. All fees are deducted at source and are subject to change at any time at JumiaPay’s sole discretion.
6.3. Fees payable on each Transaction will be deducted from your JumiaPay Account at the completion of each Transaction.
6.4. Except as may otherwise be notified, fees are inclusive of all applicable taxes including Value Added Tax at the prevailing rate.

7. Cashback and promotions

7.1. We may issue you with cashback in respect of specified purchases. Cashback may be used within the period specified in the terms and conditions of the promotion or, if no period is specified, within three (3) months of the end of the promotion, upon which it shall expire.
7.2. We may issue vouchers or gift cards pursuant to a promotional activity. Vouchers or gift cards may be used within the period specified in the terms and conditions of the promotion or, if no period is specified, within seven (7) days of the end of the promotion, upon which it shall expire.
7.3. We reserve the right to cancel our promotions or cashback if we suspect fraud or foul play; or if you close your JumiaPay account.

8. Record keeping

8.1. When an order is confirmed from your JumiaPay account, we will update your account page and provide you with a transaction confirmation email. The confirmation email will serve as your receipt. You may receive a separate receipt from the merchant for the transaction.
8.2. Summaries of your JumiaPay account activity, including the list of transactions, are available on your account page.
8.3. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your JumiaPay account and your use of the JumiaPay service, and (b) reconciling all payment activity and all other transactional information that is associated with your JumiaPay account.

9. Data Privacy

9.1. You agree to the processing of your personal data in accordance with the terms of our Privacy Policy and Cookie Notice published on the JumiaPay website or application.
9.2. JumiaPay shall process all personal data obtained in the course of delivering the JumiaPay service in accordance with the terms of our Privacy Policy and Cookie Notice.

10. Due diligence, audit rights, and investigations

10.1. We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of JumiaPay.
10.2. You agree to provide to us all such information, documentation, and access to business premises (where applicable) as we may require:
- 10.2.1. in order to verify your adherence to, and performance of, your obligations under these terms and conditions;
- 10.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
- 10.2.3. as otherwise required by law or applicable regulation.
10.3. You agree to cooperate with us, including by providing witness statements to the police or other law enforcement agencies, in order to investigate any frauds or disputed transactions relating to your account.

11. Disputes

11.1. If you are unsatisfied with any products or services that you have purchased using our JumiaPay service, you should contact the merchant directly first.
- 11.1.1. If you are unable to resolve the matter with the merchant, you may file a complaint against the merchant by contacting us at [email protected] provided
11.2. If you dispute any transaction with JumiaPay, you should first contact us as provided in section 11.1 above, and if we decide against you, you can seek to pursue the dispute with your payment service provider later. If JumiaPay does not make a final decision on your claim until after your payment service provider’s deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from your payment service provider, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the merchant or your payment service provider).
11.3. If a dispute arises between you (as a buyer) and a merchant, you release us (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) in any way connected with the dispute and the transaction.

12. Warranties

12.1. You represent and warrant to us that:
- 12.1.1. you are eligible to register and use the JumiaPay service and have the right, power, and ability to enter into and perform under these terms and conditions and grant the rights, licenses, and authorizations you grant under these terms and conditions;
- 12.1.2. you will only use the JumiaPay service to transact on your own account and not on behalf of any other person or entity;
- 12.1.3. you will not use the JumiaPay service, directly or indirectly, for any fraudulent or illegal undertaking or in any manner so as to interfere with the use of the JumiaPay service;
- 12.1.4. you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the government of Kenya, the United Nations, the United States government, the United Kingdom, the European Union or its member states, or any other applicable government authority; and
- 12.1.5. you will not directly or indirectly export, re-export, or transmit any commodities, software, or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the government of Kenya, the United Nations, the United States Departments of State, Treasury or Commerce, the European Union, the United Kingdom or any other applicable government authority.

13. Limitations and exclusions of liability

13.1. We will do our utmost to ensure that the availability of the JumiaPay Service will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to the JumiaPay service may from time to time be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such suspension or restriction.
13.2. JumiaPay will not be responsible for:
- 13.2.1. any losses arising out of any event or events beyond our reasonable control;
- 13.2.2. any business losses including (without limitation) wasted expenditure, loss or damage to profits, income, revenue, anticipated savings, business, contracts, commercial opportunities, or goodwill;
- 13.2.3. any loss or corruption of any data, database or software;
- 13.2.4. any special, indirect or consequential loss or damage; or
- 13.2.5. any losses that were not caused by any breach on our part.
13.3. Notwithstanding section 13.1 and 13.2 above, nothing in these terms and conditions limits or excludes our responsibility for liabilities that may not be excluded under applicable law.
13.4. JumiaPay will report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.

14. Indemnification

14.1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these general terms and conditions or the Jumia policies.

15. Term and termination

15.1. The agreement between the parties governed by these terms and conditions enters into force on the date that you register for the JumiaPay service and continues in force unless and until terminated in accordance with the provisions of this Section 18.
15.2. You may terminate the agreement at any time by contacting us as provided in Section 11.1 and closing your JumiaPay account.
15.3 We reserve the right to refuse service, terminate accounts, or suspend accounts if you are in breach of applicable laws, these terms and conditions, or any other laws or policies, applicable or otherwise. We further reserve the right to refuse to provide or discontinue the JumiaPay service to any person at any time and for any reason.
15.4 Upon the termination of the agreement for any reason:
- 15.4.1. we shall close your JumiaPay account and return any funds due to you, to any account that you notify us;
- 15.4.2. neither JumiaPay nor any Jumia affiliate will have any obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation, or other information in connection with your Jumia marketplace account, your JumiaPay account, or the JumiaPay service; and
- 15.4.3. in addition to any payment obligations under these terms and conditions, all other provisions of these terms and conditions that expressly or by implication are intended to come into or continue in force on or after the termination of the agreement shall remain in full force and effect.

16. Entire agreement

16.1. These terms and conditions and our policies shall constitute the entire agreement between you and us in relation to your use of the JumiaPay service and shall supersede all previous agreements between you and us in relation to your use of the JumiaPay service.

17. Hierarchy

17.1. Should these terms and conditions and our policies be in conflict, these terms and conditions and our policies shall prevail in the order here stated.

18. Variation

18.1. We may modify these terms and conditions, any policy, or the features of the JumiaPay service from time to time.
18.2. The revised terms and conditions or policy shall apply at the earliest possible date allowed by applicable law after communication to you by email or such other period as may be specified in the email or, in the absence of any email, the date of publication on the JumiaPay website or application.
18.3. If you do not agree to any change to these terms and conditions, any policy or feature of the JumiaPay service, you may terminate these terms and conditions by contacting us as provided in section 24 and closing your JumiaPay account. You will be deemed to accept the changes if you do not close your JumiaPay account.

19. No waiver

19.1. No waiver of any breach of any provision of these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these terms and conditions.

20. Severability

20.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
20.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. Assignment

21.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
21.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

22. Third-party rights

22.1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
22.2. The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

23. Law and jurisdiction

23.1. These terms and conditions shall be governed by and construed in accordance with the laws of Kenya
23.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Kenyan courts.

24. Our company details

24.1. Jumia Payment Services Kenya Limited is a company registered in Kenya under registration number PVT-XYU829EJ, and our registered office is at Kaka House, Maua Close, Westlands, Nairobi.

25. Notices

25.1. You can contact us by using the appropriate email address below:
- 25.1.1. [email protected] in respect of all security breaches, frauds or suspected frauds;
- 25.1.2. [email protected] in respect of all requests to close your account;
- 25.1.3. [email protected] in respect of all buyer disputes; or
- 25.1.4. [email protected] in respect of all other queries.
25.2. By registering for the JumiaPay service and accepting these terms and conditions, you consent to receive notices electronically from us. We may provide all communications and information related to the JumiaPay service and your JumiaPay account, in electronic format, either by posting to our website or application, or by email to the email address on your JumiaPay account. All such communications will be deemed to be notices in writing and received by and properly given to you.