Consumer Terms of Use

Welcome to WiPay! We’re excited to have you here but 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 support@wipaytoday.com or (868) 399-4729. 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, including 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.

 

  1. 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’ 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’ 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’ 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. WiPay Direct (Cash) – Make an in-person ‘cash’ payment to select WiPay client businesses at multiple WiPay Authorized Agent locations and get a receipt as proof of payment. This involves use of a dedicated app created for the client business and installed on WiPay’s smart terminals which are available at WiPay Authorized Agent locations. The experience is akin to visiting the physical location of the particular client business or organization and making the cash payment directly.
  5. WiPay Direct (Debit Card) – Make an in-person debit card payment (e.g. LINX) to select WiPay client businesses at multiple WiPay Authorized Agent locations and get a receipt as proof of payment. This involves use of a dedicated app created for the client business and installed on WiPay’s smart terminals which are available at WiPay Authorized Agent locations. The experience is akin to visiting the physical location of the particular client business or organization and making the debit card payment directly.

 

  1. 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 standard TTD $5 transaction fee, payable by the customer, for each WiPay Top-Up Voucher used. For instance, if you, as a customer, wish to make a payment in the amount of TTD $100, you should purchase a WiPay Top-Up Voucher for TTD $105 at any WiPay Authorized Agent location. The TTD $5 transaction fee is deducted when the WiPay Top-Up Voucher is used (redeemed) to make a payment to a registered WiPay merchant / business / entity.

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).

 

Credit Card Processing Fee

There is a standard processing fee of TTD $2.00 + 3% of the purchase value for payments made by credit card. The processing fee is deducted at the time of payment.

 

  1. 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

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.

 

  1. WiPay Direct Service

WiPay provides the WiPay Direct payment service, on a case by case basis, for suitable merchants and other entities (each a “Biller”) that engage WiPay to process certain payments they wish to receive from their customers. In-person payments can be made by customers at WiPay Authorized Agent locations, using a dedicated Biller app designed specifically for that Biller and installed on the WiPay smart terminal(s) at the Agent’s location. WiPay is not a party to these payments or to their underlying commercial transactions, and WiPay disclaims any and all responsibility for any payments or other disputes between Billers and customers. Such disputes are entirely between the Billers and their customers.

As a customer, you are responsible for the accuracy of the information you provide for each payment to a Biller that you make through the WiPay Direct service, including the details (e.g. customer account number, amount to be paid) as given to you by the Biller to uniquely identify yourself and the amount of the transaction.

Rejected Payments

When you attempt to make a payment via WiPay Direct, the Biller is not required to accept it. The reasons can include invalid customer account number, inability to locate the account number or account with the Biller is paid in full. You agree that you will not hold WiPay liable for any damages resulting from a Biller not accepting payment made through WiPay Direct for any reason.

 

  1. Service Timelines

Any payment which you make to a registered WiPay merchant / business / entity via WiPay Top-Up, CourtPay Top-Up or GovPay Top-Up will be visible in real-time as a transaction in that merchant’s WiPay account.

All successful payments made using the WiPay Direct service (cash and debit card) will be visible to the Biller in real-time.

 

  1. Our Rights in Cases of Fraud or Unlawful Activities

If we believe that a payment to a registered WiPay merchant / business / entity 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 / business / entity.

 

  1. 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 / business / entity, 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 / business / entity.

 

  1. 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: support@wipaytoday.com 

Phone: (868) 399-4729

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.

 

  1. Liabilities

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

  • You purchase a WiPay Top-Up / CourtPay Top-Up / GovPay Top-Up for the wrong amount
  • You purchase the wrong type of Top-Up (WiPay / CourtPay / GovPay)
  • You make a payment for the wrong amount using WiPay Direct;
  • You make a payment to the wrong account (associated with the respective Biller) using WiPay Direct; or
  • You change your mind about making a payment using WiPay Direct after having made the payment.

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.

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. 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.

 

  1. 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.

 

  1. Governing Law

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

 

Updated: March 26, 2020