Welcome to African Vending Systems Limited trading as Payway. PayWay web kiosk provides an online vending kiosk where payments for various services can be made. These include but are not limited to airtime for all networks, internet and television subscriptions, bill payments, insurance payments.
The term “PayWay” or “us” or “we” refers to the owner of the wesite that offers online kiosk payment service whose registered office is Plot 15, Block 979 Nsambya, P. O Box 4130, Kampala, Uganda.
The term “you” refers to the user of our website services.
This User Agreement is effective upon acceptance for all users. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. You will only be permitted to pursue claims against Payway on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
While using Payway online payment kiosk services or site you will not:
violate any laws, third party rights or our policies;
use our services or site if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our services or site.
You are required to use a valid credit/debit Card in order to complete the transactions requested for on the online payment kiosk. On acceptance of the terms and conditions of the user agreement, your transaction is processed.
The amount requested to be processed is immediately debited from the card before the provision of the services.
Your corresponding account is thereafter credited depending on the services that have been requested for.
Please Note: In the event that you enter a wrong number or give any wrong information and you need a reversal of the transaction requested, the original amount entered shall be less the commission that is deducted by the payment processor and only the balance due shall be reversed.
Representations and Warranties.
(a) Mutual Representations and Warranties. You represent and warrant to PayWay and Payway represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this user agreement (ii) the execution and performance of your or its obligations under this user agreement do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this user agreement is a legal, valid and binding obligation of the party entering into this user agreement, enforceable in accordance with our terms and conditions.
(b) By You. You represent and warrant to PayWay that, in your use of the PayWay web kiosk website Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to PayWay that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your information; (ii) PayWay will not be required to make any payments to any third party in connection with its use of your information, except for the expenses that PayWay incurs in providing the web kiosk Services; and (iii) the use of any instructions, formulae, recommendations, or the like contained in your information will not cause injury to any third party.
Copyrights and Trademarks.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. The written content displayed on this website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author.
Disclaimer of Warranties; Limitation of Liability.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold PayWay responsible, for any damages or losses (including, but not limited to, loss of money) resulting directly or indirectly from:
Your use of or your inability to use our services
Delays or disruptions in our services
Limitation of Liability. You agree that the Company’s entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the balance available after deductions by the payment processor from the amount you paid for such service(s). The Company shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
You and PayWay agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this user agreement, your use of or access to PayWay's online vending kiosk services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of Uganda, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and PayWay, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and PayWay each agree that any and all disputes or claims that have arisen or may arise between you and Payway relating in any way to or arising out of this User Agreement, your shall be resolved exclusively through final and binding arbitration, rather than in court, except that this does not limit your right to redress in an appropriate court. The Arbitration and Reconciliation Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PAYWAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PAYWAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PAYWAY USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of the User Agreement as a court would.
The arbitrator, and not any court shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted in Kampala, Uganda and the Arbitrator shall be agreed upon by both you and PayWay.
The arbitrator will decide the substance of all claims in accordance with the laws of Uganda, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Payway users, but is bound by rulings in prior arbitrations involving the same PayWay user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
PayWay may suspend or terminate your use of the website or PayWay web kiosk Service if it believes, in its sole and absolute discretion that you have breached a term of these TOS.
Conflict of terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
PayWay reserves the right to revise and amend the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our web kiosk website constitutes agreement to any revision of the terms and conditions of this Agreement.
Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective.
This Agreement shall be governed in all respects by the laws of the Uganda Each of the parties irrevocably consents to the exclusive personal jurisdiction of the courts situate in Uganda, as applicable, for any matter arising out of or relating to this Agreement. The parties agree that courts shall have exclusive jurisdiction over all controversies arising under this agreement.
In our sole discretion, we may assign this User Agreement, by providing notice of such assignment. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Disclaimer of Warranties; Limitation of Liability, Indemnity, and Legal Disputes.
Your privacy is important to us, and maintaining your trust and confidence is one of our highest priorities. We respect your right to keep your personal information confidential and understand your desire to avoid unwanted solicitations
Acquisition of Client Information
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us through contact with you in completing the transactions offered on our website. We will not sell or rent this information to anyone
II. Disclosure of Nonpublic Information
Our Company policy is never to disclose nonpublic information about our clients. Nonpublic personal information is defined as any publicly available information that we acquire by using information you have provided us in connection with any professional services we perform for you, which is not public information. In a generic sense, any information that you provide us that involves financial product or service is likely considered nonpublic personal information and receives the same protection from disclosure as all other information about you.
However, to the extent permitted by law certain nonpublic information about you may be disclosed in the following situations:
To comply with a validly issued and enforceable summons.
As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.
To provide information to affiliates of PayWay and nonaffiliated third parties who perform services or functions for us in conjunction with our services to you, but only if we have a contractual agreement with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.
All notices required
or permitted to be given under this user agreement will be in writing
and sent to the other party by electronic mail. If you give notice to
PayWay, you must use the following address:15 Block 979 Nsambya,
P. O. 4130, Kampala, Uganda. All notices will be deemed received 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated.