Privacy & Terms - WiPay Trinidad & Tobago

Privacy Policy

WiPay Payment Solutions Limited and our affiliates (“WiPay”, “we”, “our” or “us”) are committed to respecting your privacy and to complying with applicable data protection and privacy laws. This Privacy Policy is provided to help you understand how we may collect, use, disclose, protect and otherwise deal with your information, whether you are a person acting on your own behalf or on behalf of a business, entity or charitable organization. This Privacy Policy applies to information collected in connection with your access to and use of our Services.

You acknowledge that by providing your information to WiPay, you consent to the processing of your data in accordance with this Privacy Policy. You should read this policy in conjunction with the Consumer Terms of Use, Merchant Terms of Use and Card Payment Terms of Use associated with our services.

This Privacy Policy complies with the Trinidad and Tobago Data Protection Act, 2011, and covers all WiPay businesses and entities in all countries in which WiPay operates, except where a separate Privacy Policy has been created by WiPay for that country.

INFORMATION WE COLLECT ABOUT YOU

We use your data to make WiPay’s products and services work better for you and for others. This describes what data we collect about you (which can vary depending on your country of residence).

WiPay collects and uses your personal information with your knowledge and consent and typically when you:

Use WiPay's range of services that are offered, including our online, mobile and smart terminal services and products;
Respond to communications from us (such as SMS, emails, questionnaires or surveys);
Participate on WiPay's social media pages such as Facebook and Instagram;
Participate in WiPay's promotional events, incentives or loyalty programs;
Provide information through WiPay's customer support centre, authorized agents or any other affiliates or business dealings with WiPay for which you have consented to provide your personal information.

Types of Information Collected

The types of information that WiPay may collect include, but are not limited to:

contact information (such as name, mailing address, email address and telephone number)
identification information (such as passport details, driver's license details, national ID details)
demographic information (such as age, gender)
banking information (such as bank account number, name on bank account, name of bank, routing number)

Information We Collect From Other Sources

We also need to check that you are using our services legally, that you are eligible for the services you want to use, and we protect your data and our services from fraudsters who may put you and your money at risk. To do this, we may collect data about you from companies that help us verify your identity, do a credit check, prevent fraud or assess risk.

Background check information, including credit report information, identity verification information, and information about any person or corporation with whom you have had, currently have, or may have a financial relationship;
Credit, Compliance and Fraud. Information about you from third parties for any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.

INFORMATION WE MAY COLLECT ABOUT YOUR CUSTOMERS

We also obtain information about your customers when they transact with you. We collect this data when they transact with you through your use of WiPay’s services, for instance when they make a payment to you or receive a request for payment from you. The particular customer data we collect will vary depending on how you use our services and which products and services you use. The customer data may include:

Identification Information. Your customer’s name; email address; mailing address; phone number; government-issued identification.
Transaction Information. When your customers use WiPay’s services to make payments to you, we collect information about when the transactions occur, a description of the transactions which may include item-level data, the payment or transfer amounts, and the payment methods used to complete the transactions.

HOW WE USE YOUR INFORMATION

We use your data to do things like make sure the products you are using work, help you log in to your account, verify who you are, secure your data, fight fraud, follow the law, enforce our agreements, figure out what new products we can build, and market products to you that we think could make it easier for you to run your business.

We may collect, use and share information about you for the following reasons:

Performing, Improving and Developing our Services

Delivering the information and support you request, including technical notices and providing assistance for problems with our Services or your WiPay account;
Determining whether the Services are available in your country;
Developing new products and services;
Displaying your transaction history;
Processing payment transactions;
Providing, maintaining and improving our Services;
Doing internal research, measuring, tracking and analyzing trends and usage; and
Otherwise providing you with the WiPay Services you use.

Communicating with You About our Services

Sending you surveys and getting your feedback about our Services;
Providing information about and promoting our Services to you; and
Sending you information we think you may find useful or which you have requested from us about our Services.

WHEN AND WITH WHOM WE SHARE YOUR INFORMATION

We may share your information with others in the circumstances described in this section. For example, with other people with whom you interact when you use our services; within the WiPay group of companies; with service providers who help us run our services; with ad platforms that help us market and advertise our services to you; or if we need to share your information to comply with the law.

With other Users of our Services with Whom You Interact

With other users of our Services with whom you interact through your own use of our Services. For example, we may share information with your customers when you make or accept a payment using our Services.

With our Affiliates and Group Companies

With other companies in the WiPay group and corporate affiliates, for the reasons outlined above. For example, we may share your information internally to understand how you interact with WiPay to help make our Services better for you, and to help us build Services tailored to your preferences.

With our Service Providers

With service providers who help us provide, maintain, and improve our Services (e.g. vendors who help us with fraud prevention, identity verification, and debt collection services), as well as financial institutions and other entities that help us provide the Services;
With service providers that help us run our events, advertising campaigns, competitions, special offers or other activities.

Safety and Compliance with Law

If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request; (ii) to establish, exercise or defend our legal rights; (iii) to enforce or comply with our Consumer Terms of Use, Merchant Terms of Use or other applicable agreements or policies; (iv) to protect our or our customers’ rights or property, or the security or integrity of our Services; (v) for an investigation of suspected or actual illegal activity; or (vi) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities.

With Your Consent

With your consent (e.g. at your direction or as described at the time you agree to share).

Aggregated and Anonymized Information

We also may share (within our group of companies or affiliates, or with service providers or other third parties) aggregated and anonymized information that does not specifically identify you or any individual user of our Services.

HOW LONG WE KEEP YOUR INFORMATION

We keep your information as long as you keep using our products and services. After that, we keep it for as long as we need it to do things like fight fraud, collect fees you owe, resolve disputes with (or involving) you, follow the law, enforce our agreements and defend our rights in court.

We keep your information for a minimum period of six (6) years to comply with prevailing law and guidelines. So even after you deactivate your account, we retain copies of information about you and any transactions or Services in which you may have participated for a minimum of six (6) years. This period of time allows us to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our Consumer Terms of Use, Merchant Terms off Use or other applicable agreements or policies, or to take any other actions consistent with prevailing law.

SECURITY

We do a lot to keep your data safe. While we think we have strong defenses in place, no one can ever guarantee that hackers won’t be able to break into our sites or steal your data while it is stored or flowing from you to us or vice versa.

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, and misuse, and unauthorized access, disclosure, alteration, and destruction. We also engage well-known technologies including but not limited to firewalls, intrusion detection, encryption, SSL (Secure Sockets Layer) and vulnerability assessments. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to make changes to this privacy policy at any time and in response to changes in applicable data protection and privacy legislation. When the changes impact your rights or how we use your data in important ways, we’ll notify you by email (if we have your email address) and post the revised policy on our website.

We may amend this Privacy Policy from time to time by posting a revised version on our website. We will provide you thirty (30) days’ prior notice of material changes in how we use your information, including by email if you have provided one. If you disagree with these changes, you may cancel your WiPay account and/or discontinue use of our Services. If you keep using our Services, you consent to any amendment of this Privacy Policy.

CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us as follows –

Customer Experience

WiPay Payment Solutions Limited

95-97 Picton Street, Newtown, Port of Spain, Trinidad & Tobago

Email: [email protected]

Phone: (868) 226-4078

Updated: April 11, 2024

Consumer Terms of Use

Welcome to WiPay! We’re excited to have you here. Before you start using WiPay, we do need you to look through and agree to these Consumer Terms of Use. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.

These are your legal rights and obligations, so please do read everything. If you still have questions or comments after you’ve read these terms, please take a look at our FAQ’s (https://wipaycaribbean.com/faq/). If you can’t find the answer you’re looking for there, please feel free to contact us at [email protected] or (868) 226-4078. We’d love to help.

These Consumer Terms of Use (“Consumer Terms”) are a legal agreement between you (“you” or “your”) and WiPay Payment Solutions Limited (“WiPay”, “we”, “our” or “us”) and govern your use of WiPay’s services, as described below. By using any of WiPay’s services, you agree to these Consumer Terms and any policies referenced within, including our Privacy Policy and terms that limit our liability. You should read all of our terms carefully, noting that not all services are supported in the countries in which WiPay operates.

Payment Services

WiPay is a registered Payment Services Provider and acts as such by creating, hosting, maintaining and providing our services to you via the Internet and other digitally enabled channels. Our services allow you to make payments to a merchant / business /entity that has a registered WiPay account. We offer services in compliance with the local laws and regulations in Trinidad and Tobago. We do not have any control over, and are not responsible or liable for, the products or services that are paid for through our services. We cannot ensure that the merchant / business / entity you are dealing with will actually complete the transaction.

Our services consist of all the services we provide now and in the future, including our online, mobile and smart terminal services and products.

1. WiPay Top-Up Voucher - Use ‘cash’ or debit card to purchase a WiPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a payment to any merchant / business / entity in Trinidad and Tobago that has registered with us and accepts WiPay Top-Ups as a method of payment (e.g. online, mobile app, call centre).
2. CourtPay Top-Up Voucher - Use ‘cash’ or debit card to purchase a CourtPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a payment using the Judiciary’s CourtPay software system (e.g. online, mobile app, call centre, self-serve kiosk).
3. GovPay Top-Up Voucher - Use ‘cash’ or debit card to purchase a GovPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a payment to any Government Agency or State Entity that has registered with us and accepts GovPay Top-Ups as a method of payment (e.g. online, mobile app, call centre, self-serve kiosk).
4. GreenPay Top-Up Voucher - Use cash to purchase a GreenPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a cashless payment for CNG fuel at participating CNG locations.
5. Card Payments – Make card payments online to merchants / businesses / entities for goods and services. Our Card Payment Services allow you to make payments using most credit, debit or prepaid cards bearing the trademarks of MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”).

Fees (Trinidad and Tobago)

WiPay uses a pay-as-you-go approach to fees, so there may be fees for certain transactions when you elect to use our services. You agree to pay any applicable fees associated with the WiPay services you use.

WiPay Top-Up Voucher Transaction Fee

There is a transaction fee of between 1% to 1.5% associated with the use of WiPay Top-Up Vouchers as a method of payment. The transaction fee is deducted when the WiPay Top-Up Voucher is used (redeemed) to make a payment to a merchant / business / entity in Trinidad and Tobago that has registered with WiPay and accepts WiPay Top-Ups as a method of payment (e.g. online, mobile app, call centre).

The merchant / business / entity determines whether the transaction fee is payable by the customer (and therefore included in the value of the Top-Up Voucher to be purchased by the customer) or whether the transaction fee is payable by the merchant.

CourtPay Top-Up Voucher Transaction Fee

The transaction fees associated with the use of CourtPay Top-Up Vouchers as a method of payment through CourtPay are determined by the Judiciary. Anyone wishing to use CourtPay Top-Up Vouchers should check with the respective Judiciary for the associated transaction fees. At the point of purchase of the CourtPay Top-Up Voucher, the total amount paid to the WiPay Authorized Agent should be inclusive of the transaction fee stipulated by the Judiciary. The transaction fee is deducted when the CourtPay Top-Up Voucher is used (redeemed) to make a payment to through the CourtPay system (e.g. online, mobile app, self-serve kiosk).

GovPay Top-Up Voucher Transaction Fee

The transaction fees associated with the use of GovPay Top-Up Vouchers as a method of payment to Government Agencies or State Entities are determined by the respective Government Agency or State Entity. Anyone wishing to use GovPay Top-Up Vouchers should check with the respective Government Agency or State Entity for the associated transaction fees. At the point of purchase of the GovPay Top-Up Voucher, the total amount paid to the WiPay Authorized Agent should be inclusive of the transaction fee stipulated by the respective Government Agency or State Entity. The transaction fee is deducted when the GovPay Top-Up Voucher is used (redeemed) to make a payment to the Government Agency or State Entity (e.g. online, mobile app, self-serve kiosk, call centre).

GreenPay Top-Up Voucher Transaction Fee

GreenPay Top-Up Vouchers are available in fixed denominations (TTD $15, $30, $60, $100) with the applicable transaction fees added upfront to the total amount payable to the WiPay Authorized Agent at the point of purchase of the Voucher. No further transaction fees are applied when the GreenPay Voucher is redeemed or used to pay for CNG fuel.

Credit Card Processing Fee

There is a standard processing fee of between 3% to 3.5% of the purchase value for payments made by credit card. There is an additional payment gateway fee of USD$0.25 per online payment made by any Visa or MasterCard card. The processing fee and the payment gateway fee are applied at the time of payment.

Limits on Top-Up Purchases and Payments (Trinidad and Tobago)

You acknowledge that WiPay may, at its discretion, impose limits on the number and amount of payments, in aggregate, that you can send using our Services.

Top-Up Voucher Limits

With the exception of GreenPay Vouchers, which are available in fixed denominations only, our Top-Up Voucher service (WiPay, CourtPay, GovPay) does not allow for the purchase of a Top-Up Voucher below a value of TTD$20.00 or above a value greater than TTD$5,000.00. Registered WiPay accounts are monitored for Top-Up Voucher payments being received in aggregate of TTD$20,000.00 or greater. In such an instance, WiPay may place a temporary hold on the WiPay account and the registered WiPay account owner may be asked to provide Source of Funds information and/or other documentation related to the payments.

Service Timelines

Any payment which you make to a registered WiPay merchant will be visible in real-time as a transaction in that merchant’s WiPay account.

Our Rights in Cases of Fraud or Unlawful Activities

If we believe that a payment to a registered WiPay merchant may have arisen from fraud or unlawful activity or that its completion may harm us or any of our users, processors or banks, we may refuse to process that transaction or, if processed, refuse to remit the funds to that merchant.

In Case of Issues, Errors or Questions about a Payment

All questions about payments made using WiPay’s services should be directed to the respective registered WiPay merchant, who will in turn engage WiPay’s Support Team if necessary. This is to maintain the integrity of the relationship between you (the consumer) and the respective merchant.

Top-Up Voucher Purchases or Refunds

All questions about the purchase or refund of WiPay Top-Ups, CourtPay Top-Ups or GovPay Top-Ups should be directed to our Customer Experience Team as follows –

WiPay Customer Experience

Email: [email protected]

Phone: (868) 226-4078

Please note that in seeking to respond to your query or concern, you may be required to provide evidence or proof of purchase of a Top-Up as well as proof of your identity. In the normal course, requests for Top-Up refunds, once approved, will be processed within five (5) business days.

Liabilities

You are solely liable for errors you make in using any of our Services, including the following:

You purchase a WiPay / CourtPay / GovPay / GreenPay Voucher for the wrong amount;
You purchase the wrong type of Voucher (WiPay / CourtPay / GovPay / GreenPay).

You are responsible for all fees, fines, penalties, and other liability incurred by WiPay, you or a third party caused by or arising out of your breach of these Consumer Terms and/or your use of our Services. You agree to reimburse WiPay or the applicable third party for any and all such liability.

WiPay does not have control of, or liability for, the products or services that are paid for via our Services.

Intellectual Property Rights

The contents of the Services, including their "look and feel" (e.g. text, graphics, images, logos and icons), photographs, editorial content, notices, software and other material are protected under copyright and trademark laws. The contents of the Services belong or are licensed to WiPay. WiPay grants you the right to view and use the Services subject to these Consumer Terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or these Consumer Terms.

Access and Interference

You agree that you will not:

· Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without WiPay’s express written consent, which may be withheld at WiPay’s sole discretion;
· Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
· Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
· Attempt to gain any unauthorized access to any portion of the Services.

Limitations on WiPay’s Liability (Trinidad and Tobago)

WiPay shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your use of the services or these consumer terms, even if WiPay has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Agreement, WiPay’s liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to a maximum of TTD $5,000 (Five Thousand Trinidad and Tobago Dollars).

Your Indemnification of WiPay

You shall defend, indemnify and hold harmless WiPay and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of these Consumer Terms or any activity by you in relation to your use of the Services.

Modifications

WiPay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. WiPay reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, and where practicable, WiPay will take reasonable steps to provide notice thirty (30) days in advance (e.g. on our website and through social media). Your use of the Services, after the notification period will constitute your agreement to such changes. You agree that WiPay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Governing Law

These Consumer Terms and any Dispute will be governed by the laws of Trinidad and Tobago without regard to its choice of law or conflicts of law principles.

Updated: April 11, 2024

Merchant Terms of Use

Welcome to WiPay! We’re excited to have you here. Before you start using WiPay, we do need you to look through and agree to these Merchant Terms of Use. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.

These Merchant Terms of Use (“Merchant Terms”) are a legal agreement between you (“you” or “your”) and WiPay Payment Solutions Limited (“WiPay”, “we”, “our” or “us”) and govern your use of WiPay’s services, as described below. If you are using WiPay’s services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using any of WiPay’s services, you agree to these Merchant Terms and any policies referenced within, including our Privacy Policy and terms that limit our liability. You also agree to any additional terms specific to services you use, such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our Terms carefully, noting that not all services are supported in the countries in which WiPay operates.

Consumer Terms of Use: These terms apply when you use our services to make payments.
Card Payment Terms of Use: These terms apply to all card payments made through our services.

Payment Services

WiPay is a payment services provider and acts as such by creating, hosting, maintaining and providing our services to you via the Internet. Our services allow you to receive payments through a registered WiPay account. You must sign up for a WiPay account in order to receive payments. We offer services in compliance with the local laws and regulations. We do not have any control over, and are not responsible or liable for, the products or services that are paid for through our services.

Our services consist of all the services we provide now and in the future, including our online, mobile and smart terminal services and products. The following services allow consumers, customers and members of the public to make payments to registered WiPay business entities.

1. WiPay Top-Up Voucher - Use ‘cash’ or debit card to purchase a WiPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a payment to any merchant / business / entity in Trinidad and Tobago that has registered with us and accepts WiPay Top-Ups as a method of payment (e.g. online, mobile app, call centre).
2. CourtPay Top-Up Voucher - Use ‘cash’ or debit card to purchase a CourtPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a payment using the Judiciary’s CourtPay software system (e.g. online, mobile app, call centre, self-serve kiosk).
3. GovPay Top-Up Voucher - Use ‘cash’ or debit card to purchase a GovPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a payment to any Government Agency or State Entity that has registered with us and accepts GovPay Top-Ups as a method of payment (e.g. online, mobile app, call centre, self-serve kiosk).
4. GreenPay Top-Up Voucher - Use cash to purchase a GreenPay Top-Up for the desired amount and use the Top-Up’s QR code or unique number to make a cashless payment for CNG fuel at participating CNG locations.
5. Card Payments - Accept card payments from customers for goods and services. Our Card Payment Services allow you to accept payments from most credit, debit or prepaid cards bearing the trademarks of MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”).

Eligibility

If you are an individual, you must be at least 18 years old and a resident of the country in which you wish to sign up for a WiPay business account and use our services to receive payments. If you represent a business, entity or charitable organisation, that business, entity or charitable organisation must be registered in the country in which you wish to sign up for a WiPay business account and use our services to receive payments.

Opening a WiPay Account for your Business

In order to open a WiPay account, you can sign up for FREE online at https://wipaycaribbean.com and follow the steps. It is essential that you provide us with complete and accurate information. When you first sign up for a WiPay account, you will have an “UnVerified” account for which no payment transactions would be possible. In order to have the account “Verified” and able to process payment transactions, you would need to submit the required documentation as part of our Know Your Customer (KYC) process. You can view these requirements at https://wipaycaribbean.com/know-your-customer to determine what specific documentation is required for your business (e.g. Sole Trader, Limited Company, Partnership).

Your contact information. It is your responsibility to keep your contact details up to date so that WiPay can communicate with you via email or telephone. You understand and agree that if WiPay sends you an electronic communication but you do not receive it because your email address on file is out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, WiPay will be deemed to have provided the communication to you effectively. You can update your contact details at any time by logging on to your WiPay account online and updating your profile.

Identity verification. You authorise WiPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity and the validity of the documentation submitted on behalf of the business, entity or charitable organisation that you represent. This may include asking you for further information or documentation, requiring you to provide multiple forms of national identification, requiring you to take steps to confirm your authority to act on behalf of the business, entity or charitable organisation that you represent, and/or verifying your information against third party databases.

Standard Fees (Trinidad and Tobago)

WiPay uses a pay-as-you-go approach to fees, so there are fees for certain transactions when you elect to use our services. You agree to pay any applicable fees associated with the WiPay services you use.

WiPay Top-Up Voucher Transaction Fee

There is a transaction fee of between 1% to 1.5% associated with the use of WiPay Top-Up Vouchers as a method of payment. The transaction fee is deducted when the WiPay Top-Up Voucher is used (redeemed) to make a payment to you. As the merchant, you can determine whether the transaction fee is payable by the customer (and therefore included in the value of the Top-Up Voucher to be purchased by the customer) or whether the transaction fee is payable by you.

CourtPay Top-Up Voucher Transaction Fee

The transaction fees associated with the use of CourtPay Top-Up Vouchers as a method of payment through CourtPay are determined by the Judiciary. Anyone wishing to use CourtPay Top-Up Vouchers should check with the Judiciary for the associated transaction fees. At the point of purchase of the CourtPay Top-Up Voucher, the total amount paid to the WiPay Authorised Agent should be inclusive of the transaction fee stipulated by the Judiciary. The transaction fee is deducted when the CourtPay Top-Up Voucher is used (redeemed) to make a payment through the CourtPay system.

GovPay Top-Up Voucher Transaction Fee

The transaction fees associated with the use of GovPay Top-Up Vouchers as a method of payment to Government Agencies or State Entities are determined by the respective Government Agency or State Entity. Anyone wishing to use GovPay Top-Up Vouchers should check with the respective Government Agency or State Entity for the associated transaction fees. At the point of purchase of the GovPay Top-Up Voucher, the total amount paid to the WiPay Authorised Agent should be inclusive of the transaction fee stipulated by the respective Government Agency or State Entity. The transaction fee is deducted when the GovPay Top-Up Voucher is used (redeemed) to make a payment to the Government Agency or State Entity.

GreenPay Top-Up Voucher Transaction Fee

Card Processing & Refund Fees

There is a standard processing fee of between 3% to 3.5% of the purchase value for payments made to you by any Visa or MasterCard card. There is an additional payment gateway fee of USD$0.25 per online payment made to you by any Visa or MasterCard card. The processing fee and the payment gateway fee are deducted at the time of payment by the customer.

There is a standard refund fee of USD$0.75 per online refund requested by you and processed to any Visa or MasterCard card. The refund fee is deducted from your WiPay account balance at the time of processing the refund.

Withdrawal Fee

Our withdrawal feature is the process of transferring funds from your WiPay account to the bank account attached to your WiPay account. There is a standard withdrawal fee of TTD $5.00 for each withdrawal processed from your local currency WiPay account to your local currency bank account. For withdrawals from your USD WiPay account to your USD currency bank account, there is a standard withdrawal fee of USD $11.00 or such other amount as we may from time to time advise.

Limits on Top-Up Purchases and Payments (Trinidad and Tobago)

You acknowledge that WiPay may, at its discretion, impose limits on the quantity and value of payments, individually and in aggregate, that you can receive using our Services.

Unusual or Suspicious Transactions

In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. If WiPay believes there is suspicious or unusual activity, we may place a temporary hold on your WiPay account, preventing any payments into or transfers out of your WiPay account. In such an instance, WiPay may require additional information or documentation to promptly reinstate full access to your WiPay account.

Top-Up Voucher Limits

With the exception of GreenPay Vouchers, which are available in fixed denominations only, our Top-Up Voucher service (WiPay, CourtPay, GovPay) does not allow for the purchase of a Top-Up Voucher below a value of TTD $20.00 or above a value greater than TTD $5,000.00. All WiPay accounts are monitored for Top-Up Voucher payments being received in aggregate of TTD $20,000.00 or greater. In such an instance, WiPay may place a temporary hold on the WiPay account and the registered WiPay account owner may be asked to provide Source of Funds information and/or other documentation related to the payments into that WiPay account.

Service Timelines

Any payment made to a registered WiPay merchant via WiPay Top-Up will be visible in real-time as a transaction in that merchant’s WiPay account. In the normal course, the funds would be transferred to the bank account attached to your WiPay account within 5 to 7 business days following the “withdrawal” request.

WiPay reserves the right to delay or withhold transfers or payments to the bank account attached to the merchant’s WiPay account in accordance with the provisions of these Merchant Terms.

Our Rights in Cases of Fraud or Unlawful Activities

If we believe that a payment to you may have arisen from fraud or unlawful activity or that its completion may harm us or any of our users, processors or banks, we may refuse to process that transaction or, if processed, refuse to remit such funds to you. If such a transaction has already been remitted to you, you authorise us to debit the transaction amount from your WiPay account within 180 days of the date the transaction was initiated. You expressly authorise us to share with law enforcement agencies any information relating to your business or your transactions with us. We may ask you for additional information about your business and transactions with us at any time, and you agree to provide it.

Liabilities

The customer is solely liable for any errors made in using any of our Services, including the following:

Purchasing a WiPay / CourtPay / GovPay / GreenPay Voucher for the wrong amount;
Purchasing the wrong type of Voucher (WiPay / CourtPay / GovPay / GreenPay).

As a registered WiPay merchant you are responsible for all fees, fines, penalties, and other liability incurred by WiPay, you or a third party caused by or arising out of your breach of these Merchant Terms and/or your use of our Services. You agree to reimburse WiPay or the applicable third party for any and all such liability.

In the event that you are liable for any amounts owed to WiPay for a payment made through our Services, WiPay may remove such amounts from your WiPay account. If your WiPay account does not have sufficient funds to cover your liability, you will be required to otherwise provide payment to WiPay through other means. If you do not do so, WiPay may engage in collection efforts to recover such amounts from you.

WiPay does not accept liability for the products or services that are paid for via our Services.

Unauthorised Access & Notification

If you become aware of any unauthorised use of your WiPay account, you agree to notify WiPay immediately using the following contact information –

WiPay Customer Experience Email: [email protected]

Phone: (868) 226-4078

Intellectual Property Rights

The contents of the Services, including their "look and feel" (e.g. text, graphics, images, logos and icons), photographs, editorial content, notices, software and other material are protected under copyright and trademark laws. The contents of the Services belong or are licensed to WiPay. WiPay grants you the right to view and use the Services subject to these Merchant Terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or these Merchant Terms.

Unless we expressly authorise you, in writing, to use our copyrighted, trademarked or patented material, you expressly agree that registered and unregistered Intellectual Property rights belonging to us will not be used, copied, brought into disrepute or otherwise infringed upon by you.

You acknowledge and agree that the trademarks and intellectual property rights (“Marks”) of the Bank or of any Network (both as defined in the Card Payment Terms of Use) remain their sole and exclusive property. Therefore, you shall not (a) use the Marks in any way that is inconsistent with the operating rules or directives of the Bank, (b) contest such ownership for any reason or (c) do anything to threaten, jeopardise or diminish the goodwill in the Marks. You further agree that the Bank or the Networks may at any time and without notice, prohibit you from using any of the Marks for any reason.

Access and Interference

You agree that you will not:

· Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without WiPay’s express written consent, which may be withheld at WiPay’s sole discretion;
· Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
· Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
· Attempt to gain any unauthorised access to any portion of the Services.

Limitations on WiPay’s Liability

Your Indemnification of WiPay

You shall defend, indemnify and hold harmless WiPay and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of these Merchant Terms or any activity by you in relation to your use of the Services.

Ending Your Relationship with WiPay

These Merchant Terms will continue to apply until terminated by either you or WiPay as set out below.

If you want to terminate your relationship with WiPay, or to close your WiPay account, please send an email (from the email account associated with the WiPay account) to [email protected] requesting that your WiPay account be closed. You will be contacted by a member of our Customer Experience Team to verify the request. Your WiPay account will be deactivated within 2 business days, subject to and as articulated in our Privacy Policy.

WiPay may at any time, terminate its legal agreement with you and access to the Services:

· If you have breached any provision of these Merchant Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Merchant Terms);
· If WiPay in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
· If WiPay in its sole discretion believes that your actions or inactions can negatively impact or have negatively impacted WiPay’s reputation and image or the safety and wellbeing of WiPay’s employees, officers or agents;
· For any reason and at any time with or without notice to you;
· Immediately upon notice to the e-mail address associated with your WiPay account.

You acknowledge and agree that WiPay may immediately deactivate your account and and/or prohibit any further access to all transactions and the Services by you. Further, you agree that WiPay shall not be liable to you or any third party for any termination of your access to the Services.

Modifications

WiPay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. WiPay reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, and where practicable, WiPay will take reasonable steps to provide notice to you thirty (30) days in advance. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any changes will constitute your agreement to such changes. You agree that WiPay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

WiPay may modify these Merchant Terms from time to time. Any and all changes to these Merchant Terms may be provided to you by electronic means (e.g. via email or by posting the information on our website). In addition, the Merchant Terms will always indicate the date on which they were last revised. You are deemed to accept and agree to be bound by any changes to the Merchant Terms when you use the Services after those changes are posted.

Governing Law

These Merchant Terms and any Dispute will be governed by the laws of Trinidad and Tobago without regard to its choice of law or conflicts of law principles.

Updated: April 11, 2024

Card Payment Terms of Use

Welcome to WiPay! We’re excited to have you here. Before you start using WiPay, we do need you to look through and agree to these Card Payment Terms of Use. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.

These are your legal rights and obligations, so please do read everything. If you still have questions or comments after you’ve read these terms, please take a look at our FAQs (https://wipaycaribbean.com/faq/). If you can’t find the answer you’re looking for there, please feel free to contact us at [email protected] or (868) 226-4078. We’d love to help.

These Card Payment Terms of Use (“Card Payment Terms”) are a legal agreement between you (“you” or “your” or “Merchant”) and WiPay Payment Solutions Limited (“WiPay”, “we”, “our” or “us”) and govern your use of WiPay’s card payment services (“Card Payment Services”), as described below. If you are using WiPay’s Card Payment Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using WiPay’s Card Payment Services, you agree to the Merchant Terms of Use and these Card Payment Terms. You should read all of our terms carefully, noting that not all services are supported in the countries in which WiPay operates.

PAYMENT SERVICES

Our Role

WiPay is a payment facilitator that allows you to accept card payments from customers for goods and services (“Card Payment Services”). Our Card Payment Services allow you to accept payments from most credit, debit, prepaid, or gift cards (“Card or Cards”) bearing the trademarks of MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”) (collectively, the “Networks”). WiPay may remove or add Cards that we accept at any time without prior notice.

In order to serve in this role, we must enter into agreements with Networks, processors and acquiring banks. The Networks require that any person or entity that signs up for a WiPay Account to use Card Payment Services (a “Merchant”) and processes more than Network-specified or acquiring bank-specified amounts of Card sales enter into an agreement directly with WiPay’s acquiring banks.

WiPay is party to an agreement with one or more acquiring banks under which those banks as acquirer (“Bank”), provides payment processing services to WiPay on your behalf and on behalf of our other sub-merchants. As a condition of providing services to WiPay on your behalf, WiPay is required to include certain terms and conditions in its agreement with you.

As such, under this agreement between WiPay and you, WiPay will provide you with services to facilitate your acceptance of credit and debit Card payments for goods and services.

Both the Bank and the Networks have operating rules which govern the procedures, responsibilities, risks and rights of various parties involved in accepting Cards for payment. Portions of those rules can be found within this agreement. You must comply with these operating rules at all times.

The Bank and the Networks each have the right to enforce all terms and conditions of these Card Payment Terms against you.

Your Authorisation for Settlement of Proceeds and for WiPay to Recover Funds

In connection with the Card Payment Services, you authorise us to act as your agent for the purposes of holding, receiving, and disbursing funds on your behalf. Your authorisation permits us to generate a paper draft or an electronic funds transfer to settle the proceeds of each Card transaction that you authorise, less any applicable Fees (as defined in Clause 4) (“Fees”). Your authorisation will remain in full force and effect until the later of closure or termination of your WiPay Account, or the disbursement of all funds held on your behalf. Our receipt of transaction funds satisfies your customer’s obligations to make payment to you. We will remit to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback provisions (as defined in Clause 9) withheld or applied.

In addition, by using the Card Payment Services, you authorise us to recover funds from you in accordance with these Card Payment Terms, the Merchant Terms of Use and any other agreement you have with us (“Recovery Authorisations”). Recovery Authorisations include your authorisation of WiPay to debit, charge, setoff against and otherwise recover funds from any connected WiPay Account, any Balance (as defined in these Card Payment Terms), any payment instrument, linked bank and other account registered in your WiPay Account.

Further, in the event that any attempt to recover funds from you should fail, Recovery Authorisations include your grant to WiPay of new, original authorisations to recover all or less than all of the amount you owe us and/or belonging to us. Recovery Authorisations include all authorisations to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these Card Payment Terms, the Merchant Terms of Use or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Recovery Authorisations include all authorisations to take the above steps in complete compliance with the Network Rules (as defined in these Card Payment Terms) and the Automated Clearing House (ACH) network. You agree that your grant of Recovery Authorisations to us has the same legal effect as if you had signed paperwork containing the same terms

Unsupported Industries & Businesses

You may not use the Card Payment services for the following businesses or business activities: (1) any illegal activity or goods, (2) paraphernalia that may be used for illegal activity, (3) casinos, slot machines or online gambling, (4) unlawful sale of prescription drugs, (5) sale of designer drugs, (6) sale of counterfeit or intellectual property infringing goods or services, (7) online sale of Tobacco products, (8) rogue cyberlocker merchants, (9) prohibited adult content, (10) prostitution, (11) private members clubs, (12) virtual currency exchanges & businesses engaging in buying and selling virtual currencies, including gift cards, whether digital or physical or any other store of value, (13) Marijuana related businesses, or (14) merchants who issue bearer shares to shareholders, or any other business activity contrary to the laws of the Republic of Trinidad and Tobago.

Our Fees (Trinidad and Tobago)

You agree to pay the applicable fees (“Fees”) listed in the Merchant Terms of Use for use of the Card Payment Services. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance (as defined in Clause 8) in your WiPay Account. You also grant us Recovery Authorisations, which we may utilize to recover fees which you owe us. Subject to the Merchant Terms of Use and these Card Payment Terms, we reserve the right to change the Fees upon reasonable advance notice. All Balances and all Fees, charges, and payments collected or paid through the Card Payment Services are denominated in either or both of your local currency or US dollars

Processing Errors

We will attempt to fix processing errors we discover. If an error results in your receipt of fewer funds than you are entitled to, we will credit your WiPay Account for the difference. You grant us Recovery Authorisations concerning processing errors. If an error results in your receipt of more funds than you are entitled to, WiPay may recover the extra funds from you. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts that may be owed to you.

USE OF YOUR WIPAY ACCOUNT FOR PAYMENT SERVICES

Payout of Funds

WiPay does not automatically initiate a payout of the funds from your WiPay account to the bank account attached to your WiPay account. The payout process is initiated when a “withdrawal” request is made from your WiPay account dashboard. In the normal course, the funds would be transferred to the bank account attached to your WiPay account within 5 to 7 business days following the withdrawal request.

WiPay reserves the right to delay or withhold transfers or payouts to the bank account attached to your WiPay account in accordance with the provisions of these Card Payment Terms and the Merchant Terms of Use, or for any other reason as required in law.

Settlement

WiPay (and not the Bank or the Network) is solely responsible for remitting settlement funds to you in accordance with the requirements / limitations on settlement as may be outlined herein. No refund, credit, exchange or adjustment related to a transaction shall be submitted by you to the Bank, but instead shall be handled by us in the manner outlined in this agreement.

WiPay Account Balances

The funds in your WiPay account (your “Balance”) will be held together with funds of other WiPay account holders in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any Pooled Account. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Card Payment Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account.

CHARGEBACKS

Your Liability for Chargebacks

There may be times when your customer may not be the authorised user of the Card or your customer may otherwise contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to your WiPay Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a customer or its financial institution, (c) was not authorised or we have any reason to believe that the transaction was not authorised, or (d) is allegedly unlawful, suspicious, or in violation of these Card Payment Terms or the Merchant Terms of Use. You agree to comply with the Chargeback process and to the liability associated with such Chargebacks. You understand that Chargebacks may be raised/ incurred (standard processing time) up to one hundred and twenty (120) days from the date of delivery of goods and/or services, although in some cases, this period may be extended. If you receive a Chargeback, we will let you know. If you don’t agree that the Chargeback is valid, you can dispute it by providing information about the transaction via your WiPay dashboard. It typically takes approximately forty-five (45) - ninety (90) days for us to receive a response for the resolution of a Chargeback with a final decision. If we believe you might incur, or you are incurring, an excessive number of Chargebacks, we may establish additional conditions governing your WiPay Account, including (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending our services. Your account may be immediately suspended and/or terminated if you receive more than two (2) Chargebacks in a period determined by us. If this occurs, the whole or a portion of funds in your account may be held for a period of up to four (4) months during the Chargeback window and any funds for actual Chargebacks received may be held for a longer period pending their resolution.

Our Collection Rights for Chargebacks

For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Pooled Account. You grant us Recovery Authorisations concerning Chargebacks pursuant to which we may recover the amount of any Chargeback and any associated Fees and/or fines including those assessed by a Network or our processor. If you have pending Chargebacks, we may delay payouts from your WiPay Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time that (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired, or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.

You have the sole responsibility and liability (financial and otherwise) for chargebacks associated with the transactions that we submit for processing and for all costs and fees arising in connection with the chargeback.

You may provide for us to withhold amounts for chargeback reserves or similar purposes.

You expressly acknowledge and agree that:

even though a card purchase/payment is made to you (facilitated by us), this payment is conditional and subject to reversals and payment adjustments (ie. Chargebacks);
neither us nor the Bank decides which transactions are charged back and neither party has any control over the ultimate resolution of the Chargebacks;
although WiPay and the Bank may attempt to reverse a Chargeback, they can only do so if allowed by the Network; and
in certain circumstances a Chargeback will not be reversed even though you have provided goods and services to your customer and are legally entitled to payment.

Contesting Chargebacks

You will assist us when requested, at your expense, to investigate any of your transactions processed through the Card Payment Services. To that end, you permit us to share information about a Chargeback with the customer, the customer’s financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. We may also use any content you upload through the services to respond to Chargebacks on your behalf. If a Chargeback dispute is not resolved in your favour by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within a reasonable time (usually than 14 days), of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes. In addition, these fees will apply regardless of whether the buyer is successful in pursuing the chargeback with the card issuer.

Claims by Third Parties

All cardholder disputes or other disputes concerning a transaction or this Agreement shall be handled between us and you without recourse to the Bank. However, in no circumstance can you require a cardholder to waive a right to dispute a transaction.

COMPLIANCE WITH NETWORK RULES AND LAWS

Restricted Use

You will not act as a payment facilitator or otherwise resell the Card Payment Services to any third party. You will not use the Card Payment Services to handle, process or transmit funds for any third party. You also may not use the Card Payment Services to process cash advances.

You will not use the Card Payment Services to accept payments from any jurisdiction, entity, group or individual that is sanctioned, blocked or prohibited by the relevant authorities. If suspected or found to be in apparent violation of these restrictions, your WiPay Account could be terminated and your funds could be held for an indefinite period of time.

Unauthorised or Illegal Use

You will only accept Cards for transactions that are allowed by applicable law. We may decide not to authorise or settle any transaction that you submit to us if we believe that the transaction is in violation of these terms or any other agreement with WiPay, or that it exposes you, your customers, other WiPay merchants, our processors or WiPay to harm. Harm includes fraud and other criminal acts. If we suspect that your WiPay Account has been used for an unauthorised, illegal, or criminal purpose, you give us express authorisation to share information about you, your WiPay Account, and any of your transactions with law enforcement and, as deemed necessary by WiPay, our payment processing and financial institution partners.

Applicable Network Rules

By using the Card Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). The Networks amend their rules and regulations from time to time. WiPay may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://www.mastercard.com and https://visa.com. In the event of inconsistency between a Network Rule and these Card Payment Terms, and except as otherwise agreed between WiPay and the Network, the Network Rule shall apply.

Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Card Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate 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. WiPay specifically disclaims any liability for Taxes on your behalf.

Network Logos and Marks

Your use of Network logos and marks (“Network Marks”) is governed by the Network Rules. You must familiarise yourself with and comply with these requirements. The Networks are the sole and exclusive owners of their respective Network Marks. You will not contest the ownership of the Network Marks, and any Network may prohibit you from using its Network Marks for any reason and at any time. WiPay may require you to make modifications to your website or other advertising and signage in order to comply with Network Rules related to the Network Marks.

Refunds and Returns

By accepting Card transactions through the Card Payment Services, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your WiPay Account in accordance with these Card Payment Terms and Network Rules. Network Rules require that you disclose your return or cancellation policy to customers at the time of purchase. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive a Chargeback relating to such sales. You may not be able to process a partial refund. If your available WiPay Balance is insufficient to cover the refund, we may exercise any of our rights set forth in Clause 2, including withdrawing up to the requested refund amount (the sale amount minus the initial transaction fee) from a payment instrument registered with your WiPay Account or any connected WiPay Account, and crediting it back into your customer’s Card. The Fees are also refunded by WiPay, so the full purchase amount is always returned to your customer. WiPay has no obligation to accept any returns of any of your goods or services on your behalf.

Additional Indemnity

In addition to any other clauses of these Card Payment Terms of Use and the Merchant Terms of Use, you will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgements, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through the Card Payment Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).

Additional Representations, Warranties and Covenants

You represent, warrant and covenant to us that for each Card transaction you process through the Card Payment Services: (a) the Card transaction represents a bona fide sale; (b) the Card transaction accurately describes the goods and/or services provided to the customer; (c) you will fulfil all of your obligations to the customer and will resolve any dispute or complaint directly with the customer; (d) you and the Card transaction comply with all local laws, rules and regulations applicable to you and your business; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own Cards (except for reasonable test swipes).

Termination of Card Payment Services

In addition to Clause 15 or any other applicable Clause of the Merchant Terms of Use, WiPay may terminate your use of the Card Payment Services at any time, without notice, due to activity deemed to be fraudulent, illegal or otherwise wrongful by us, the Bank or the Networks, or for any reason deemed appropriate to us. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination, Chargebacks, and any other amounts owed to us as provided in these Card Payment Terms or the Merchant Terms of Use.

The Bank and/or the Network may in its discretion and without giving reasons:

prohibit you or WiPay from processing any transaction; or
suspend or terminate the services to you or require WiPay to terminate your use of the Card Payment Services.

These Card Payment Terms automatically and immediately terminate if the Bank terminates its agreement with WiPay or WiPay is no longer qualified by the Networks.

Unless otherwise approved by the Bank, any Merchant that exceeds USD$100,000 in total Card transaction volumes over a twelve (12) month period will be required to enter into a new agreement with the Bank to entirely supersede and replace the Merchant’s agreement with WiPay.

Card Payment Services Upon Closure of Your WiPay Account

Closure of your WiPay Account will cancel any pending transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out to you, subject to the other conditions in these Card Payment Terms. If an investigation is pending at the time you close your WiPay Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.

Survival

The following Clauses will survive termination of these Card Payment Terms: 5 (Processing Errors), 6 (Payout of Funds), 8 (WiPay Account Balances), 9 (Your Liability for Chargebacks), 10 (Our Collection Rights for Chargebacks), 11 (Contesting Chargebacks), 16 (Taxes) 19 (Additional Indemnity), this Clause 23 and Clause 24 (Limitation of Liability).

Limitation of Liability

WiPay’s liability to you with respect to any Card transaction shall not exceed the amount processed in connection with that transaction, less any applicable discount or fees. WiPay shall in no event be liable for any incidental or consequential damages whatsoever.

Data Protection

The parties (both WiPay and you) agree to establish appropriate safeguards to protect the confidentiality of their data or shared customer data and to prevent unauthorized use or access thereof.

Force Majeure

WiPay shall have no liability to you for any delay or failure to perform any part of these Card Payments Terms on account of an act of God or any natural event whether fire, explosion, flood, earthquake, riot, war, epidemic or pandemic, act of sabotage, accident, embargo or any circumstances of like or different character beyond WiPay’s reasonable control or by interruption or delay in transportation, inadequacy or shortage or failure of supply of materials, utilities, computer software, or equipment breakdown, labour issues, or compliance with any order, direction, action or request of any governmental officer, department or agency.

Severability

If any provision of these Card Payments Terms is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of these Card Payment Terms be construed to remain fully valid, enforceable, and binding.

Notices

Should you need to send us a notice under this Agreement, it can be forwarded to us as below:

Attention: Customer Experience

Address: WiPay Payment Solutions Limited

95-97 Picton Street, Newtown, Port of Spain

Telephone: (868) 226-4078

Email: [email protected]

You must, on an ongoing basis, notify us within seven (7) days of any changes to your address, business or corporate names and any description of the goods sold and services provided to your members/customers/clients.

Governing Law and Disputes

These Card Payment Terms and any dispute thereunder will be governed by Trinidad and Tobago law, without regard to its choice of law or conflicts of law principles. The Parties agree to attempt initially to solve all disputes arising under, out of or in connection with these Card Payment Terms by conducting negotiations in good faith. If the Parties are unable to settle the matter between themselves, the matter shall thereafter be resolved by a form of alternative dispute resolution, starting with mediation and including, if necessary, a final and binding arbitration as a preference to litigation. Whenever a Party shall decide to institute arbitration proceedings, it shall give written notice to that effect to the other. The Party giving such notice shall refrain from instituting the arbitration proceedings for a period of sixty (60) days following such notice. During such period, the Parties shall make good faith efforts to amicably resolve the dispute without arbitration. Any arbitration hereunder shall be conducted under the rules of the Arbitration Act, Chap. 5:01.

Interpretation

In the event of any inconsistency between any provision of these Card Payment Terms and (a) the operating rules of the Networks or (b) WiPay’s agreement with the Bank, the operating rules or as the case may be, WiPay’s agreement with the Bank will govern and shall take precedence over the provisions of these Card Payment Terms.

Updated: June 6, 2024