FreshPay Terms of Use

Welcome to FreshPay.

Thank you for using our payment services which are governed by these Terms of Use. Please read carefully.

1.0 About FreshPay

1.1 FreshPay is a payment platforms for the company Fresh Bakery, a company incorporated under the laws of the Democratic Republic of Congo.

2.0 Scope of these Terms of Use

2.1 These Terms of Use govern the opening, use and closure of your FreshPay Account and other related payment services as referred to herein. Together with our Privacy Policy, and any other terms and conditions referred to therein, they constitute the legal relationship between you and FreshPay. For the use of additional services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.

2.2 You are also advised to familiarize yourself with the “Frequently Asked Questions And Answers” which are published on our Website.

2.3 Depending on the type of FreshPay Account you have, additional terms and conditions may apply and will be communicated to you at the appropriate time.

3.0 Your FreshPay Account

3.1. Your FreshPay Account is an electronic money account which enables you to send and receive electronic payments.

3.2. Your FreshPay Account is denominated in Congolese Franc, and United States Dollars. You cannot change the currency of the money in your FreshPay Account.

3.4. Subject to section 7 below, the electronic money held on your FreshPay Account does not expire but it will not earn any interest.

3.5. You have the right to withdraw funds from your FreshPay Account at any time. However, you may be required to confirm your identity beforehand. There is no minimum withdrawal amount but the funds on your FreshPay Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.

3.6. Electronic money accounts are not bank accounts. By accepting these Terms of Use you acknowledge that in the unlikely event that FreshPay becomes insolvent, you may lose the electronic money held in your FreshPay Account. However, FreshPay strictly adheres to the legal requirements under the National Payment System Decree No 04/083 2004 which is designed to mandate the Banque Centrale du Congo to promote and supervise electronic and other payment, funds transfer, clearing and settlement systems, to ensure the safety and liquidity of funds deposited in electronic money accounts.

3.7. The electronic money on the FreshPay Account belongs to the person or legal entity which is registered as the FreshPay Account holder. No person other than the FreshPay Account holder has any rights in relation to the funds held in a FreshPay Account, except in cases of succession. You may not assign or transfer your FreshPay Account to a third party or otherwise grant any third party a legal or equitable interest over it.

3.8. Your FreshPay Account may be subject to adding of funds, payments and withdrawal limits, the verification status of your FreshPay Account, channel or mode of transaction and other factors used by FreshPay to determine such limits from time to time at our sole discretion.

4.0 Opening Your FreshPay Account

4.1. In order to use the payment services you must first open a FreshPay Account by registering your details on our Mobile App. As part of the signup process you will need to accept these Terms of Use and our Privacy Policy and you must have the legal capacity to accept the same. If you enroll for additional services, you may be asked to accept additional terms and conditions.

4.2. If you are an individual, you must be 18 years or older to use our services and by opening a FreshPay Account you declare that you are 18 years or older. This does not apply to products for which we set a different age limit. We may require at any time that you provide evidence of your age.

4.3. You may only open one FreshPay Account per Mobile Number / email address unless we explicitly approve otherwise.

4.4. You may only open a FreshPay Account if it is legal to do so in your country of residence. By opening a FreshPay Account you represent and warrant to us that your opening of a FreshPay Account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.

4.5. All information you provide during the signup process or any time thereafter must be accurate and truthful.

4.6. You may only add payment instruments (such as bank accounts, credit or debit cards) to your FreshPay Account if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.

4.7. During signup you will be asked whether you intend to use your FreshPay Account for private or commercial purposes. If you have any intention to use your FreshPay Account for commercial purposes, you must tell us, even if you use it also for private purposes. If you have stated that you will use your FreshPay Account for private purposes only, you must tell us immediately before, at any point in the future you use it for commercial purposes by contacting Customer Service. You are using your FreshPay Account for commercial purposes if you are receiving payments for or in connection with any business activity. We reserve the right to determine whether, in our reasonable opinion, you are using your FreshPay Account for commercial purposes. If you are using your FreshPay Account for commercial purposes, in addition to these Terms of Use, you shall be bound by our Merchant Agreement and you shall pay fees as detailed in the agreement or on our website. If you are in any doubt about whether or not an activity amounts to a commercial activity, you should contact Customer Service.

5.0 Maintaining Your FreshPay Account

5.1. You must ensure that the information recorded on your FreshPay Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
5.2. We may contact you by e-mail or in other ways described in section 18 below, with information or notices regarding your FreshPay Account. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your FreshPay Account and to retrieve and read messages relating to your FreshPay Account promptly. We shall not be liable for any loss arising out of your failure to do so.

5.3. Account funding, payments received, payments sent and fund withdrawals are displayed in your transactions history in the app. Each transaction is given a unique transaction ID and shown in the transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your FreshPay Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.

5.4. Subject to the provisions of section 8 below and without prejudice to the provisions of section 9.5(A), in order to claim a refund for an unauthorised or incorrectly executed payment transaction on your FreshPay Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirty (30) days after the debit date of the transaction.

6.0 Keeping Your FreshPay Account Safe

6.1. You must take all reasonable steps to keep your FreshPay Account password and security details safe at all times and never disclose it to anyone. Our personnel will never ask you to provide your password or security details to us or to a third party. Any message you receive or website you visit that asks for your password, other than the FreshPay App or Website, should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Service. It is advisable to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your FreshPay Account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your FreshPay Account or watch you accessing your FreshPay Account.

6.2. If you have any indication or suspicion of your FreshPay Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your FreshPay Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of your FreshPay Account but may result in you being liable for any losses as a result. If you suspect that your FreshPay Account was accessed by someone else, you should also contact the police and report the incident.

6.3. We may suspend your FreshPay Account or otherwise restrict its functionality on reasonable grounds relating to the security of the FreshPay Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your FreshPay Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

6.4. You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your FreshPay Account. In case any of the e-mail addresses registered with your FreshPay Accounts are compromised, you should without undue delay after becoming aware of this contact Customer Service and also contact your e-mail service provider.

6.5. Irrespective of whether you are using a public, a shared or your own computer to access your FreshPay Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using.
6.6. Additional products or services you use may have additional security requirements and you must familiarise yourself with those as notified to you.

7.0 Closing Your FreshPay Account

7.1. You may close your FreshPay Account at any time by contacting Customer Service.

7.2. If your FreshPay Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your FreshPay Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your FreshPay Account but you may withdraw any remaining funds by contacting Customer Service and requesting that the funds are sent to you in a manner that is reasonably acceptable for us. You may do so for a period of sixty days from the date of closure of your any interest while being deposited in your FreshPay Account. Your obligations with regards to keeping your FreshPay Account safe as set forth in section 6 shall continue to apply.

7.3. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds, including in relation to returning any funds to you after you have closed your FreshPay Account.

8.0 Adding Funds

8.1. You can add funds by logging into your FreshPay Account and selecting add fund. Follow the instruction by using any of the add fund methods on the app (add Fund from Mobile Wallet, Add fund from Card etc) depending on which payment instruments you have added to your FreshPay Account and which payment methods are available in DRC and the amount you want to add. Add fund methods are payment services provided by third party financial institutions (for example, the issuer of the payment card you use to upload funds or third party direct banking service providers) and are not part of our service.

8.2. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorisation of an add fund transaction.

8.3. If you choose an Add Fund method using a payment instrument that may be subject to chargeback rights such as (but not limited to) credit or debit card or direct debit, you declare that you will not exercise such chargeback right other than for unauthorised use of the payment instrument or for a breach by us of these Terms of Use which would result in you having a right to a refund of the uploaded amount. Otherwise, you may not charge back any Add Funds transaction or allow a chargeback of any upload transaction for reasons for which we are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. We reserve the right to charge you fees and expenses we incur in connection with such chargeback and any action undertaken to challenge the same.
8.4. You may allow a merchant that you wish to pay through FreshPay on a regular basis (e.g. for a subscription service) to debit your FreshPay Account for each recurring payment. In this case you authorise FreshPay to debit the payment instrument (e.g. your credit card or bank account) which you used to make the original payment also for each subsequent payment. In order to cancel recurring payments for the future, you should (a) contact us
and (b) notify the merchant from which you have purchased the goods or services that you have cancelled the recurring payment. You should not cancel or otherwise reverse such recurring transactions by simply contacting the issuer of the payment instrument (e.g. your credit card provider or bank) without following the cancellation steps mentioned in this section 8.4. Subject to section 8.5, FreshPay will not be liable for any recurring payment(s) that are made before you have notified us of the cancellation and if your FreshPay Account balance goes into negative as a result of such payment(s), you will be liable to repay such amount to us.
8.5. FreshPay will refund any past recurring payment(s) initiated by or through the merchant provided that (a) the original authorisation given to FreshPay or the merchant did not specify the exact amount of the payment and (b) the amount of the payment exceeded the amount that you could reasonably have expected taking into account your previous spending pattern and the circumstances of the case. You must request such a refund within eight weeks from the date the funds were debited from your FreshPay Account. You agree to provide us with such information as is reasonably necessary to ascertain whether the conditions for a refund described in this section 8.5 are satisfied. Within ten (10) Business Days of receiving a request for a refund or, where applicable, of receiving any further information we requested from you, we will either refund the full amount of the payment or provide you with justification for refusing to refund the payment.

8.6. Added funds will be credited to your FreshPay Account after the funds have been received by us. Some Add Funds transactions, such as those by credit or debit card, direct debit or direct banking will be credited to your FreshPay Account immediately, but are subject to reversal in case the actual funds do not reach us within a reasonable time in which case we will deduct such reversed transaction from the balance of your FreshPay Account. If your FreshPay Account balance is insufficient, we reserve the right to require repayment from you.

8.7. For the purposes of an Add Fund transaction through a payment instrument, we are a payment recipient and not a payment service provider.

8.8. You must not make an Add Fund transaction through a payment instrument if you are not the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to use of a payment instrument of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to return funds uploaded from a payment instrument that is not in your name, we may charge an administration fee which will be communicated prior to.

8.10. Funds added may be subject to Add Fund limits due to security and legal requirements. These limits are set dynamically depending on your verification status and the Add Fund method you want to use. You should be aware that depending on your verification status your Add Funds limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant section of your FreshPay Account profile.

8.11. Transaction fees and currency conversion fees for Adding Funds depends on which upload method and payment instrument is chosen. Please see section 13 for details.

9.0 Making Payments

9.1. To make a payment you are required to authorise the payment with your login details and password. We may also ask you additional security questions relating to you or your FreshPay Account. If your FreshPay Account is protected by additional security measures, you need to follow the instructions provided to you with such additional security measures. If your FreshPay Account is enabled to make mass payments, the procedure to make such payments will be communicated to you in the relevant integration manual.

9.2. Every recipient of a payment you wish to make through us must have a valid means that we can use for their identification. For most of our services that means of identification will be a valid e-mail address / Mobile number but other means of identification may be required for our other services (for example for the FreshPay to FreshPay send services, we may require you to provide us with the recipient’s email address and mobile telephone number).

9.3. If you are asked to provide details of the recipient’s Mobile Number or other means of identification, where applicable, you must take great care to properly type the exact details of who you wish to send money to. We use those details as the unique identifier to determine the intended recipient of the payment which you instruct us to process. Other information you provide along with the recipient’s means of identification may be disregarded and we shall not be liable for any error you make when entering the recipient’s means of identification.

9.4. If the Mobile Number of the intended recipient is registered with us, the funds will be instantly credited to the FreshPay Account associated with that Mobile number.

9.5. If the recipient’s Mobile Number is not registered with us, we will send a notification in SMS to the recipients Mobile number, and also credit the recipients Mobile money account. But if the recipient doesn’t have a mobile money account, we would send a notification to the recipient on how to register to FreshPay with instructions on how to claim and receive the payment. If the recipient does not claim the payment within 14 days, the transaction will be cancelled and the funds will be returned to you. You may also cancel the transaction at any time before the funds have been credited to the recipient’s FreshPay Account. To cancel a transaction you should log into your FreshPay Account, locate the relevant transaction in your transactions history and select “Cancel”.

9.6. To provide a money transfer using our Send Money transfer service, we may use third party intermediaries to complete the money transfer to a recipient if the recipient does not have a FreshPay Account. Therefore when providing this service the funds will be instantly credited to the FreshPay Account of the relevant intermediary. That intermediary shall then be responsible for ensuring the onward transmission of the payment to the recipient.

9.7. Payments are subject to payment limits due to security and legal requirements. These limits are set dynamically depending on your verification status (Minimum and enhanced KYC status). You can view these limits at any time in your FreshPay Account profile. You should ensure that your limits are sufficient to cover the payment you intend to make as well as any applicable fees including service fees and currency conversion fees. You should be aware that the recipient of a payment may also be subject to spending and withdrawal limits and that this may affect the recipient’s access to the funds you intend to send. Sending payments is subject to fees and currency conversion fees.

10.0 Receiving Funds

10.1. If you receive funds into your FreshPay Account, we will send you a notification e-mail and display the payment in your transaction history. You should regularly reconcile incoming payments with your own records.
10.2. You should be aware that receipt of funds to your FreshPay Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment in case the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to charge back or otherwise reverse) an Add Fund or other payment which was used to fund the payment to you.
10.3. If a person received a payment notification from us indicating that someone has sent them funds to an email address that is not registered, they will not be credited with the payment until it has been claimed in accordance with the instructions laid out in the notification e-mail. Until then, there will be no contractual or fiduciary relationship between us and the intended recipient. The funds remain those of the sender.

11.0 Prohibited Transactions

11.1. It is strictly forbidden to send or receive payments as consideration for the sale or supply of:

Tobacco products
Prescription drugs
Drugs and drug paraphernalia
Weapons (including without limitation, knives, guns, firearms or ammunition)
Satellite and cable TV descramblers
Pornography, adult material, material which incites violence, hatred, racism or which is considered obscene
Government IDs and licences including replicas and novelty items and any counterfeit products
Unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses)
Unregistered charity services
Items which encourage or facilitate illegal activities
Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services
Third party processing or payment aggregation products or services
Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes
Goods or services that infringe the intellectual property rights of a third party.
Un-coded/miscoded gaming
Timeshares or property reservation payments (On and Off Plan)
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