By using MobiCard's services, you agree to the following terms and conditions. Please read them carefully.

Account Responsibilities

I guarantee that the information provided (in my application) is correct;

I shall keep my username and password confidential and shall not allow others access thereto or the use thereof;

I accept that I shall be responsible for all account activity conducted as a result of any access obtained through the use of my userid and password, should I:

  • share my access rights with any other person by disclosing or allowing others to gain knowledge of my user credentials; or
  • leave my browser unattended while in an active browser session; or
  • provide inaccurate information to MobiCard Systems; or
  • in any other manner conduct or access my MobiCard Online Account carelessly or negligently.

I acknowledge that my userid and account is MobiCard's property and may be revoked or suspended at MobiCard's discretion;

Should I become aware of any breach or attempted breach of MobiCard's data security I shall inform MobiCard's management without delay and in writing;

I acknowledge and accept that any use of my MobiCard Online Account is at my own risk. Without limiting the generality of the aforesaid, I acknowledge that MobiCard will not, under any circumstances, be liable to me for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from:

  • any defect or fault in my hardware and/or software; or
  • any failure or fault in connectivity to the Internet; or
  • the unavailability of the MobiCard website for any reason whatsoever; or
  • from use of lost or stolen data with MobiCard Payments (including but not limited to losses arising from the use of lost or stolen credit cards to make purchases from your site or app, or those caused by a compromise of your login credentials); or
  • from incorrect, inconsistent or inaccurate information that you provide us; or
  • any failure on the part of MobiCard to carry out instructions given online under circumstances where such failure is the result of a cause beyond MobiCard's control.

No Liability

MobiCard acts as an intermediary between the Merchant and the Bank, acquires information supplied from the Merchant and the Bank and processes transactions in good faith.

MobiCard does not guarantee the correctness of information acquired or supplied and can in no way be held liable by the Merchant for any damages suffered by the Merchant acting upon such information.

Any dispute between the Bank and the Merchant howsoever arising, which includes, a dispute regarding:

  • The value of reversals of invalid sales;
  • Any discount;
  • Any refund due to a cardholder;
  • Any overpayment;
  • The value of any transaction;
  • The debiting of any Merchant's account

is deemed to be a dispute between the Bank and the Merchant and MobiCard is not a party thereto. MobiCard will in no way be held liable by the Merchant for any damages suffered by such Merchant pursuant to such dispute.

Cardholder Information

The order forms in which the Merchant accepts Orders from the Cardholder on the Internet should contain the following information:

  • The Cardholder's name
  • The transaction amount and Currency
  • The transaction date
  • The Cardholder's email address
  • The Cardholder's Postal and Physical address
  • The Cardholder's mobile number
  • The method of delivery
  • The refund policy
  • The Merchant's terms and conditions

Billing

Billing will commence on the day the account is activated. Card processing services may attract a one-time, non-refundable, on-boarding fee (please contact merchant support for more information). The service may be terminated via written notice at any time. The merchant shall be billed a transactional fee; to the end of the month in which written notice of termination was received.

Any transaction concluded via MobiCard's merchant services or any claim that may arise in consequence of the use of MobiCard's merchant services shall be subject to the jurisdiction of the High Court, Kenya.

Taxes

It is your responsibility to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of MobiCard Services ("Taxes"). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services.

Your Data Security Obligations

You are fully aware that a one-time verification charge of less than a dollar, will be made, for the purposes of card verification; at least once for every card that is yet to be verified for your merchant account.

You are fully responsible for the security of data on your site, through your app, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as "Payment Data") on your site or through your app.

While MobiCard helps to make compliance easier, you are solely responsible for compliance with any laws, regulations, or rules applicable to your business. You specifically agree that at all times you will be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable.

Confidentiality

You accept that we may act as your proxy (per pro) when contacting or notifying the cardholder about their transaction details.

We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.

We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organizations' or other government agencies.