This Agreement contains the complete terms and conditions that apply to your participation in Evopay's Mobile Application Payments Service (Evopay Africa) and supersedes all other agreements entered into between you and Evopay Limited of P.O. Box 1711, Nairobi – 00606 (“Evopay”) with respect to the Payment Services. These terms and conditions take effect on the date of acceptance on the Evopay Mobile Application. By participating in or continuing to use the Evopay Payments Service you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.

1.0 Definitions

“We” means Evopay Limited.
“Evopay” means Payment Service;
“App” means the Evopay mobile application;
“App Account” means your Evopay mobile Application 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;
“M-Pesa” means the M-pesa payment platform as a mode of payment on the Evopay mobile application;
“VISA” means the Visa Debit and Credit cards as a mode of payment on the Evopay mobile application;
“Voucher” means the In app vouchers as a mode of payment on the Evopay mobile application;
“Loyalty” means the app hosted Loyalty point systems as a mode of payment on the Evopay mobile application;
“Prepaid Card” means prepaid cards as a mode of payment on the Evopay mobile application;
“Parking Media” means the token used to gain access to a parking site (chipcoin, ticket or cards)
“Ticket ID” means the number on the ticket received upon entry to a parking site;
“LPN” means the license plate number on the customers vehicle;
“Voucher” means the in-app discount token issued to the app user;
“Loyalty Partner” means a person or entity that issued the discount voucher;
“Loyalty Points” means the points issued by partner persons or entities that can be used to pay for parking;
“Voucher Merchant” means a person or entity appointed to offer Discount Vouchers which may be obtained from Evopay Limited;
“Card balance” means the electronic monetary value depicted in your prepaid card representing an equal amount of Cash held by the Trustee (Paytech Limited);
“M-PESA Services” or “M-PESA” means the money transfer services provided by Safaricom;
“Participant” or “User” means any person that participates in Evopay system by using the M-PESA, Visa, Vouchers and Loyalty points to pay for parking.
“SMS” means a short messaging service that enables the transmission of text messages from one mobile phone to another;
“Transaction” means the movement of money in to, or out of your Evopay Account;
“You” or “your” means the Evopay Customer who has registered to use the Evopay Payment Service;  

2.0 Service Description

2.1. Evopay operates the Evopay mobile application that allows you to pay for parking through your registered mobile phone.
2.2. Evopay is available to all Paytech customers through download of the app on Play store and app store and your acceptance of these Terms and Conditions.
2.3. Mpesa is currently the only accepted mobile money service provider. Customers on other Networks may have limited range of functionality.
2.4. Evopay may in its absolute discretion restrict or limit the number of accounts you may operate at any one time.
2.5. By registering to use the Evopay Service you agree to these Terms and Conditions (the “Terms and Conditions”), which shall form a legally binding agreement between you and Evopay Limited.
2.6. Evopay may in its absolute discretion refuse to register or revoke the registration of any person on the Evopay System.
2.7. You may Top up your prepaid parking card with E-Money in M-PESA account or Visa account.
2.8. All Transactions shall be denominated in Kenya Shillings. The M-PESA System may not recognize any monetary value depicted as Cents. You hereby agree to round off any Transaction value to the nearest Kenya Shilling.
2.13. All charges applicable to the Evopay service are set forth in section 11.0 of this document and are subject to change at any time at Evopay’s sole discretion.  

3.0 Account Opening and Maintenance

3.1. The following conditions must be met before opening an Evopay account in your name:
3.1.1 You must be at least 18 years old with capacity to enter into contracts.
3.1.2 You must have a phone number, preferably M-PESA enabled through which you may access the M-PESA services.
3.1.3 You must have a valid email address
3.1.4You must complete the Registration on the app and complete your profile by entering your LPN number.
3.1.5 You must not provide any false, inaccurate, incomplete or misleading information.
3.2. You are responsible for ensuring that your registration details are maintained up to date.
3.3. Evopay may reject your application at its discretion if any of the account opening requirements are not met.
3.4. Evopay reserves the right to request further information pertaining to your account at any time failure to which may result in limitation on usage of the Evopay Service, suspension or termination of the account.

4.0 Privacy Policy:

4.1. Evopay recognizes the importance of protecting the privacy of all information provided by users. This statement is meant to affirm our utmost respect for your rights to privacy.
4.2. Evopay collects personally identifiable information that we use to profile Evopay Users, update Evopay databases, and provide User support. 4.3. Save as provided hereunder, Evopay does not share your personal information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.
4.4. You acknowledge that by using the Evopay Services, some of your personal information will be available to any third party involved in the operation of the service without limitation. You hereby authorize Evopay to share with, provide or disclose to third parties with which you have separately contracted or with which you intend to contract (and have informed Evopay of this intention in writing), your personal information including any Transaction data, information pertaining to you or your Evopay Account, or your usage of Evopay Products and Services provided that the authority given to Evopay to disclose information to such third parties (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
4.5. You acknowledge that Evopay may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.
4.6. You accept that Evopay shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities;
4.7. Evopay employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. Evopay employees are also responsible for the internal security of the information. Employees who violate Evopay’s privacy policies are subject to a range of disciplinary actions.
4.8. Any person submitting any information to Evopay through the Evopay System may be granted access rights to that information. Evopay has developed systems that enable access and correction of information submitted to it.  

5.0  Account Usage:

5.1. After your account has been opened and activated, you will be able to initiate the following Transactions:
5.1.1 Top up your prepaid parking card through Mpesa or Visa;
5.1.2 Pay for parking by Mpesa, Visa, Vouchers and loyalty points using your LPN, ticket ID or scanning a QR code;
5.1.3 Manage your Account and
5.1.4 any other Transactions as may be introduced by Evopay or financial institution partners from time to time.
5.2. Evopay does not warrant that all functionalities shall be available at all times and may withdraw any functionality or the Evopay Service in general as a direct result of new or amended legislation, statutory instrument, Government regulations or policy or any other compelling reason.
5.3. Evopay may provide additional functionality on the App menu following integration with platforms of financial institutions and other entities providing you with specified services. Such functionality may give you limited access to platforms of the financial institutions or other entities. By using such functionality to gain access to other platforms, you hereby agree to indemnify Evopay against, and hold Evopay harmless from any losses arising from your access to such external platforms.
5.4. In the event of any review of our business planning, technical, public interest or operational reasons, changes within the industry, recommendations from regulatory bodies or similar events, Evopay may vary these Terms and Conditions or policies affecting usage and shall notify you of such changes through appropriate means. Your continued use of the Evopay Service shall be deemed to be your acceptance of all such varied terms and conditions or polices.  

6.0 Evopay Access Responsibility

6.1. Access to the Evopay Services is password protected. You hereby agree to guard your login details and not to disclose them to any third party. 6.2. You acknowledge that you shall be solely responsible for the security of your Username and Password. Evopay shall not be liable for any disclosure of your details to any third party and you hereby agreeto hold Evopay harmless from any losses that result from any password disclosure.
6.3. You are responsible for all instructions given to Evopay in relation to your Evopay Account.
6.4. Evopay shall deem each successful transaction as being performed by the legitimate owner of the Evopay account and shall regard all subsequent Transactions as validly performed by you.  

7.0 Prepaid cards

7.1. You may top up your prepaid card on the app via M-pesa or Visa.
7.2. In order to top up your card(s), you must add your card(s) by inserting the information requested.
7.3. You may view you card balance and card history on the prepaid card tab on the app.
7.4. You may select your default prepaid card.  

8.0 Visa Payments

8.1. You may pay for parking using your Visa Debit or credit cards.
8.2. All payments are applicable to the Visa Terms and conditions as well as the Evopay payment terms and conditions.
8.3. Payments made via Visa must be of Kes.100 and above.
8.4. You may not store your Visa details on the app.  

9.0 Vouchers

9.1. Merchnats (individuals and entities) may purchanse in app vouchers on the evopay merchant portal via Mpesa or Visa and distribute them as discounts to parking customers.  
9.1.1. All vouchers come at a cost outlined in the cost schedule in section 12.0 of this document.
9.1.2. Voucher payments are non-refundable.
9.1.3. Vouchers have attributes. They include a name, an image, date of expiry, car park(s) where the voucher is applicable, amount discounted by the voucher, voucher costs and how many times the voucher may be redeemed by the customer. These attributes form the conditions a customer must meet to utilize a voucher.
9.1.4. Merchants may purchase special or general vouchers.
9.1.5. Special vouchers must be assigned to a user using their email address or phone numbers. Special vouchers can be assigned by a merchant if they are a single merchant ( have only one store) or by sub merchants in an instance where one merchant has many different stores within car parks. 9.1.6. General vouchers are visible to all app users and disappear once the redemption limit is reached. A merchant may choose which car park their general voucher applies at as well as all voucher attributes.
9.1.7. Interested merchants may send an email to marketing@evopay.africa when interested and will receive login credentials to the merchant portal once they have sent the required documents.
9.1.8. All voucher payments and assignment are done on the merchant portal.
9.1.9. A merchant may purchase several different vouchers as long as the number of vouchers lie within the merchants’ voucher limits.
9.1.10. A merchant may add and edit their sub merchants.
9.1.11. A merchant may view their vouchers and voucher balances.
9.1.12. A merchant may request voucher usage reports from the evopay admin.
9.1.13. Evopay reserves the right to terminate merchants in breach of the terms and consitions in this document.
9.2. App users may use assigned vouchers (special vouchers) and general vouchers as a payment option on the app.
9.2.1 All app users may use the applicable in app vouchers as payment options if all conditions stipulated by the merchant(s) are met.
9.2.2. Vouchers will discount an amount, in a situation where there is a pending bill once a voucher is applied, the customer must settle the balance via Mpesa or Visa if the balance is > Kes 100.
9.2.3. If a voucher discounts the full parking amount, a customer may proceed to exit the car park.
9.2.4. If a user utilizes a voucher of a higher amount than their parking fee, they will be deemed to have forfeited the amount in the voucher. For example, if the parking fee is 50 and the voucher is worth 200, the user will have forfeited 150.
9.2.5. A user may redeem vouchers the number of stipulated times.
9.2.6. Vouchers will be applicable at the car parks selected by the merchants and a user may apply a voucher based on the car park they have visited.  

10.0 Intellectual Property

  All intellectual property rights in the Evopay Service including the Evopay trademark are the property of Evopay and/or its affiliates. Any unauthorized reproduction, modification, distribution or republication of Evopay materials or intellectual property, without the express prior written consent of Evoay and/or its affiliates is strictly prohibited.  

11.0 Fees

11.1. You are responsible for the payment of all applicable fees.
11.2. All fees are deducted at source and are subject to change at any time at Evopay’s sole discretion.
11.3. All payments and card top up attract a Kes.10 service fee except the voucher transactions done in part or in full.
11.4. Except as may otherwise be notified, fees are inclusive of all applicable taxes including Value Added Tax at the prevailing rate.
11.5. Voucher fees are as below and are payable by merchants on voucher purchase:
Discounted amount A (KES)                      Voucher cost B (KES)                                          Payable amount per voucher (KES)
0-50                                                          10                                                                        A+B
51-100                                                       20                                                                       A+B
101-150                                                     30                                                                       A+B
151-200                                                     40                                                                       A+B
 201-300                                                    50                                                                       A+B
 Above 300                                                100                                                                      A+B    

12.0 Suspension, Termination & Freezing

12.1. Evopay reserves the right at its sole discretion to suspend or terminate the agreement if you use the Evopay account for unauthorised purposes.
12.2. Your Account shall be suspended if inactive for a period of ninety 6 months or such other period as may be prescribed.
12.3. You acknowledge that Evopay may be compelled by law to suspend and/or freeze your Account if there are reasonable grounds to suspect Account..
12.4. You may request your Account to be closed at any time by giving written notice to Evopay addressed to: Evopay Limited, P.O. Box 1711, Nairobi – 00606.
12.5. Evopay may, at its discretion, close your Account at any time for any reason upon giving one (1) week’s notice to you and making reasonable attempts to reach you.
12.6. Evopay may send notices to you at any email address provided by you or electronically by SMS to your mobile telephone number with which you registered on the Evopay System.
12.7. This agreement terminates automatically upon the death of the Customer who has signed up for the Evopay services.  

13.0 Warranties, and Limitation of Liability

13.1. Evopay shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, Evopay makes no representations or warranties as to continuous, uninterrupted or secure access to the Evopay services, which may be affected by factors outside Evopay’s control, or may be subject to periodic testing, repair, maintenance or upgrades.
13.2. Evopay will not be responsible for any claim unless caused by wilful default attributable to Evopay. Evopay specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:  
13.2.1 Transactions made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you;
13.2.2 Transactions made from your account by an unauthorised third party who passes all identity and verification checks;
13.2.3 any fraud, deception or misrepresentations by any Participant, whether or not the Participant has been verified,
13.2.4 any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the M-PESA system, Visa system or vouchers,
13.2.5 failure of any other telecommunications or data transmission system other than the Evopay system;
13.2.6 any result of any acts of government or authority, any act of God or force majeure.
13.3. You agree to indemnify and hold Evopay harmless against any claim brought against Evopay by a third party resulting from your breach of these Terms and Conditions.  

14.0 Dispute Resolution and Governing Law

14.1. You may contact Evopay Contact centre (+25409639111/116) for any disputes, claims or to report Account discrepancies. Evopay Customer Care shall handle the report in accordance with Evopays standard complaint handling procedures.
14.2. In certain circumstances Evopay in conjunction with participating merchants may provide for dispute resolution mechanisms. You agree to abide by such mechanisms as may be advised by Evopay or the participating merchants/businesses from time to time.
14.3. Any dispute arising out of or in connection with this Agreement that is not resolved by Evopay contact centre may be brought to the attention of the Evopay Manager responsible for the operations of the Evopay Services for resolution.
14.4. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.  

15.0 Disclosure & Data Retention

15.1 You hereby expressly consent and authorize Evopay to disclose any Transaction data or information pertaining to your Evopay Account to any law enforcement, investigative or regulatory authority including without limitation the Kenya Police, Central Bank of Kenya, Kenya Anti-Corruption Commission, Kenya Revenue Authority or any competent Anti-Money Laundering authority for the purposes of any genuine enquiry or investigation or to any third party to whichyou have separately, either in writing or electronically through the Evopay System or otherwise, authorised Evopay to disclose Transaction data or information pertaining to you or your usage of Evopay Products and Services, including your Eopay account provided that any consent given to Evopay to disclose information to any third party (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
15.2 You acknowledge that where your Account is determined by a competent judicial authority as containing proceeds of any criminal or money laundering activities, Evopay may be required by law to surrender funds in your account to any statutory fund created for the purpose of recovering the proceeds of crime.
15.3 You acknowledge that Evopay may retain your Transaction data for a period of upto seven (7) years or as may be required by any law or regulation.  

16.0 Force Majeure

Neither Party shall be liable to the other Party for any delay or failure to perform its obligations under these Terms and Conditions as a result of revolution or other civil disorders; belligerent aggression by an enemy; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least thirty (30) days then either Party may terminate their engagement by notice in writing to the other.    

17.0 General

17.1. You acknowledge that these Terms and Conditions are subject to amendment, modification or variation from time to time if required by, or found to be in conflict with, applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions.
17.2. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior terms. In the event of inconsistency between these Terms and Conditions and previous editions, this version will prevail. 17.3. These Terms and Conditions may be amended by Evopay from time to time as Evopay introduces new functionalities. Such amended Terms and Conditions may be published and shall take effect immediately upon publication.
17.4. Evopay’s failure to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of any such right nor shall it prevent Evopay from exercising or enforcing the rights in question at any time.
17.5. You may not transfer any rights or obligations you may have under this Agreement without Evopay’s prior written consent.