Terms & Conditions

Last updated on 31 March 2019

Please read these Terms & Conditions (Terms) of use carefully before using FayaPay as it describes the rules by which you must agree to abide in order to use our Service and this forms the legal agreement between you and us. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

What are these Terms

These terms govern the use of our website. By accessing or using the Service you agree to be bound by these Terms. You may not access the Service if you disagree with any part of the terms.

Governing Law

This agreement is interpreted and enforced in accordance with the laws of Ghana. All dispute resolution proceedings will be conducted in Ghana.

Using our Service

We provide our Service for you to use, all the same you are required to use our Service in an appropriate and acceptable manner. We shall not accept any use which is likely to cause damages or bring our Service into disrepute or which causes us or threatens to cause us to incur legal, tax or regulatory liability.

For example, you must not use our Service:

  • in any manner that is prohibited by applicable local, national or international law;
  • in executing any fraudulent or illegal purpose or anything that is to cause a negative effect;
  • to send any unsolicited or unauthorized advertising or promotional material or any other form of unsolicited communication (spam); or
  • to transfer any data, send or upload any material that contains any harmful programs, such as viruses, Trojan horses, worms, or time-bombs.

You also agree not to:
  • copy, replicate, recreate or trade any part of our websites; or
  • log in without authority, impede, damage or interrupt our websites, or any related equipment, network or software.

Failure to comply

Failure to comply with the terms above constitutes a serious breach of these terms. In the event of a breach, we reserve the right to pursue any of the following actions:

  • caution you and ask you to take certain steps to rectify your behavior,
  • report to law enforcement authorities,
  • temporarily or permanently prevent you from accessing our Service,
  • institute legal proceedings against you, including recovering any loss we have suffered due to your actions.

Privacy Statement

FayaWorks Company Limited believes in the protection and proper management of your Personal Information which is in accordance with the current applicable law in force. We are registered with the Data Protection Commission and abide by the Data Protection Act, 2012 (Act 843).
Please read our Privacy Policy to know how we collect, why we collect, use your data and, the various methods adopted to ensure the protection of your personal data.

Website Content

You agree that all materials added to our websites will:

  • not infringe privacy, or any patent or intellectual property rights of another person.
  • comply with all applicable laws or rules.
  • be facts and an exact representation.
  • be devoid of offensive, slanderous and hateful content.

Complaints

Notify Us

Send us a notification immediately you detect an unauthorized or challenging transaction has occurred. This will help us rectify any challenge and prevent any losses.

Reversal

Where a complaint is made against us linked to payments, a reversal should be made within fourteen (14) days after date of payment. It is taken as a waiver of right to the extent the applicable law permits, where the said period elapses and you failed to make a complaint.

Dispute with a third party

Where a dispute arises between you and a third party over purchased goods or services, we incur no liability for such goods or services. We are under no obligation whatsoever in any way to interfere where a dispute arises between two parties.

Links to other websites

We are not owners or controllers of services found on third-party websites with their links on our website. We take no responsibility for any content, material, services, and privacy policies found on any third party website. You agree we shall incur no liability for damages or any loss caused by dependence of information, content and materials found on such third party sites.

Changes, updates and amendments

We may make changes or replace our Terms from time to time. You will receive a notification once such changes or updates take effect through an email address or contact provided by you. In case of a replacement of the Terms, you will receive at least thirty (30) days' notice prior to any new terms taking effect.

Disclaimer

Our websites and services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, FayaWorks Company Limited makes no warranty that our websites and services will meet your requirements or that our websites will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you through our websites or from FayaWorks Company Limited shall create any warranty.

Severability

Where possible, each provision and every part of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision or part of this Agreement shall be invalid or prohibited under the applicable law, such provision shall be ineffective only to the extent of such prohibition in such jurisdiction and shall not affect the remainder of any such provision or where part of this Agreement are adjudged by a court or arbitrator to be invalid or unenforceable, the Parties agree that the court or arbitrator making such determination of invalidity or unenforceability shall have the power to adjust the terms of this Agreement to make this Agreement valid and enforceable as nearly as possible to the original intent of the parties.

Dispute resolution

In the event of any misunderstanding or dispute between the parties hereto or any matter concerning the interpretation of any provision of this Agreement the said misunderstanding, dispute or interpretation shall be settled through negotiations within a period of thirty (30) days. Where after the lapse of thirty (30) days the parties are unable to reach an amicable settlement the matter shall be referred to arbitration under the Rules and Procedures of the Ghana Arbitration Centre by a Sole arbitrator appointed in accordance with the said Rules of the Ghana Arbitration Centre and the venue for the arbitration shall be in the city of Accra, Ghana.

Contact us

If you have any questions about these Terms, please contact us.

Privacy Policy

Last updated on 31 March 2019

This Privacy Policy specifies all the ways FayaWorks Company Limited (“we”, “us” or “our”) gathers, uses, discloses, manages your personal data; how this data is processed and for what purposes. This is in fulfilment of legal requirements under the Data Protection Act, 2012 (Act 843) to protect and respect the privacy rights of our online visitors and registered users (Users). This Privacy Policy encompasses any website, application, related websites or service which references this Privacy Policy regardless of how you use or access them. Providing us with your personal information means you consent that we may gather, disclose, manage, store, transfer and, use it in Ghana and any other country we operate.

How we collect data

We gather data about you and any other party whose details you provide to us once you:

  • sign up to utilize our website, application, tools and other related sites. We may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").This information may include your name, contact, address and may even additional information such as your business name and preferences.
  • submit an order for a product, you may be required to give your bank details, contact(telephone and business number),postal/residential address
  • connect with us through any of our social media platforms
  • communicate with us offline (fax, telephone, post)
  • update your contact/personal details
  • fail to complete an online form, partial information given may be used by us to remind you to complete the form
  • we may update personal details gathered from you with other personal information made privy to us by third parties legally authorized to share such information. Such information may include, information from credit agencies, search information providers or public sources (e.g. for customer due diligence purposes), but in each case as permitted by applicable laws.
Data is also collected from your devices (mobile devices) you or your users use to access or utilize the websites or related sites, tools, application and services however with permission before we do so.
Personal Information is not gathered from web visitors nevertheless, so we can continue to provide efficient service and develop our websites we may collect non-personally-identifiable information. This information will not be disclosed with third parties except where it is necessary to provide smooth and effective service.

Information About Others

In a case where you provide us information about someone else, you are solely responsible for complying with any obligation and consent obligations under applicable data protection laws. It is required that you obtain the individual’s consent to disclose to us their information.

Information we collect and how we use it

Our overarching goal in gathering personal information is to ensure an efficient, secured, easy and customized experience.

Personal information collected may be used to:

  • provide services and data at your request on applications or products you have ordered for
  • respond to emails sent via message boards on website
  • verify and compare information given to us by third parties
  • improve our operation
  • roll out targeted advertisements, newsletters and, service updates or information you might find useful
  • manage, administer and improve content and websites layout
  • deliver location based services
  • resolve disputes that may arise
  • investigate, remediate and prevent any illegal activities as well as protect our legal rights
  • manage and monitor exploitation of website, application or services.
As you make payments or conduct transactions through our Service, we will receive your transaction information. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and payment method. This information is only used to facilitate transactions and is only shared with upstream payment providers for this purpose.

We still preserve and use your data even after the closure of your FayaPay account, to the extent permitted and/or required by applicable law.

Disclosing your information

We may share your information with:

  • third parties used to facilitate payment transactions
  • our subsidiaries or other entities to deliver efficient, smooth and safe service also for internal use
  • our service providers and agents (including their sub-contractors) or third parties which process information on our behalf (e.g. internet service and platform providers, payment processing providers and those organizations we engage to help us send communications to you) so that they may help us to provide you with the applications, products, services and information you have requested or which we believe is of interest to you; marketing houses (we work with) for marketing purposes; to bring to you products and services you might like
  • fraud detection agencies
  • third parties you are connected with and consented to us sending information
  • government agencies where mandated under law to do so
  • our professional advisors and auditors for the purpose of seeking professional advice to meet our statutory requirements
  • credit reference agencies
  • third-party platforms (e.g. Facebook, Twitter, Google and, Instagram) on which you respond to our posted communications or advertisement.

Personal Information & Rights

In accordance with the applicable law, Data Protection Act, 2012 (Act 843), you have choices and rights over what we do with your data:

  • right to access your personal information and know how it is processed
  • once you provide a proof of identity, you may request for a copy of all your personal details by writing to us (at a statutory fee)
  • you have a right to also know how your information is being processed, by whom and who has access to it
  • right to amend your personal information
  • you have the right to request amendment (correction and deletion) of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained personal data or information that is under the control of us.
  • right to prevent processing personal information collected with your consent
  • you can at any time by way of a notice withdraw that consent subject to legal or contractual restrictions
  • rights to freedom from automated processing of personal data
  • right to prevent processing of personal data for direct marketing purpose without your consent
  • rights to freedom from automated decision making
  • right to complain to the Data Protection Commission

Amendments or modifications

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. However you and your users will be notified once we make changes and update this policy so that you are made aware of the information collected, how it’s collected, how we use it and under what circumstances we disclose it.

Keeping of information

We believe in adopting the appropriate methods to secure your information against its unapproved and prohibited processing as well as against accidental loss, destruction or damage. We therefore take reasonable precautions and follow industry best practices. We however cannot assure the security of your data which is transferred to our website, applications or services. You are reminded to keep your login information safe as we will not share this with anyone.

Links

By clicking on links on our websites you may be directed to a different site. It must be noted that we are not responsible for the privacy actions of other sites. You are hereby encouraged to read their privacy policy.

Questions and contact information

To access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact support@fayapay.io