Merchant 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 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 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 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 WiPay’s services, you agree to these Merchant 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 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 E-commerce Plugin – Receive credit card and WiPay Top-Up Voucher payments to your WiPay business account by integrating the WiPay payment gateway to your business’ website. As an integrated solution, customers can pay with WiPay using: Credit Card or WiPay Top Up Voucher.
  2. 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 Barbados that has registered with us and accepts WiPay Top-Ups as a method of payment (e.g. online, mobile app, call centre). (COMING SOON)
  3. 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). (COMING SOON)
  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 requires 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. (COMING SOON)
  5. WiPay Direct (Debit Card) – Make an in-person debit card payment to select WiPay client businesses at multiple WiPay Authorized Agent locations and get a receipt as proof of payment. This requires 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. (COMING SOON)
  1. 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 organization, that business, entity or charitable organization 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.

  1. 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/kyc-table/ 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 authorize 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 organization 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 organization that you represent, and/or verifying your information against third party databases.

  1. Standard Fees (Barbados)

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 standard BBD $2 transaction fee, payable by the customer, for each WiPay Top-Up Voucher used. For instance, if a customer wishes to make a payment to you in the amount of BBD $100, s/he should purchase a WiPay Top-Up Voucher for BBD $102 at any WiPay Authorized Agent location. The BBD $2 transaction fee is deducted when the WiPay Top-Up Voucher is used (redeemed) to make a payment to you as 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 through the CourtPay system (e.g. online, mobile app, self-serve kiosk).

Credit Card Processing Fee

There is a standard processing fee of USD $0.50 + 3% of the purchase value for payments made to you by credit card. The processing fee is deducted at the time of payment by the customer. (BBD processing coming soon!)

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 USD $1.00 + USD $9.65 (bank fee) for each withdrawal processed from your WiPay account to your bank account.

  1. Limits on Top-Up Purchases and Payments (Barbados)

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

Our Top-Up Voucher service (WiPay, CourtPay) does not allow for the purchase of a Top-Up Voucher below a value of BBD $20.00 or above a value greater than BBD $2,000.00. All WiPay accounts are monitored for Top-Up Voucher payments being received in aggregate of BBD$ 8,000.00 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.

  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 app designed specifically for that Biller and installed on the WiPay smart terminal(s) at the Agent’s location.

The customer is responsible for the accuracy of the information provided for each payment to a Biller that is made through the WiPay Direct service, including the details (e.g. customer account number, amount to be paid) as provided by the Biller to uniquely identify the customer and the amount of the transaction.

Registering for WiPay Direct

Each potential Biller must first sign up for a WiPay account and accept these Merchant Terms in order to receive payments. The acceptance of any Biller into our WiPay Direct Service is at WiPay’s sole discretion and is subject to discussions and a separate contractual arrangement between WiPay and the Biller. WiPay  reserves the right to decline to accept a Biller into our WiPay Direct.

Payment Processing Method

WiPay will process payments for Billers by (i) accepting cash and debit card payments at WiPay Authorized Agent locations (using WiPay’s smart terminals) (ii) deducting the agreed payment processing fee as per the contractual arrangement between WiPay and the Biller; and (iii) remitting the balance to the Biller by electronic funds transfer.

  1. Service Timelines

Any payment made to a registered WiPay merchant / business / entity via WiPay Top-Up or CourtPay 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 10 business days following the “withdrawal” request.

For all successful payments made using the WiPay Direct service (cash and debit card), the funds would be available to the respective Biller by the following business day.

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.

  1. 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 authorize us to debit the transaction amount from your WiPay account within 90 days of the date the transaction was initiated. You expressly authorize 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.

  1. Liabilities

The customer is solely liable for any errors s/he makes in using any of our Services, including the following:

  • S/he purchases a WiPay Top-Up / CourtPay Top-Up for the wrong amount;
  • S/he purchases the wrong type of Top-Up voucher (WiPay / CourtPay);
  • S/he makes a payment for the wrong amount using WiPay Direct;
  • S/he makes a payment for the wrong account (associated with the respective Biller) using WiPay Direct; or
  • S/he changes his/her mind about making a payment using WiPay Direct after having made the payment.

As a registered WiPay merchant / business / entity 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.

  1. Unauthorized Access & Notification

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

WiPay Customer Experience

Email: support@wipaytoday.com 

Phone: (868) 399-4729

  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 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.

  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

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 THE VALUE OF THE UNREMITTED FUNDS PAYABLE TO YOU.

  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 Merchant Terms or any activity by you in relation to your use of the Services.

  1. 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 relationship with WiPay, you may do so as follows:

  • To close your WiPay account, please send an email (from the email account associated with the WiPay account) to support@wipaytoday.com 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:

  1. 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;
  2. 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);
  3. For any reason and at any time with or without notice to you;
  4. 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.

  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 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.

  1. Governing Law

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

Updated: August 17th, 2020