User Agreement

MOBILE WALLET TERMS AND CONDITIONS

1. MOBILE WALLET
1.1. Mobile Wallet is an internet-based application offered by PayWise, which permits PayWise’s Customers and Agents to engage in financial transactions, which include, but are not limited to online payments, fund transfers, account credits and cash withdrawals.

2. COMPLIANCE WITH PAYWISE’S TERMS, CONDITIONS AND POLICIES:
2.1. These Terms and Conditions govern the use and operation of your Mobile Wallet. By using and operating your Mobile Wallet you agree to be bound by these Terms and Conditions, PayWise’s User Agreement and all other applicable terms, conditions and policies, which are published on PayWise’s website.

3. ELIGIBILITY TO USE MOBILE WALLET
3.1. In order to use Mobile Wallet as an individual you must:
i. Be a resident of the Trinidad and Tobago;
ii. Be at least eighteen (18) years of age,
iii. Open a PayWise account, and
iv. Submit all information and documents requested by PayWise, including but not limited to your name, email address, text-enabled mobile phone number, street address, date of birth and a government issued form of identification.

3.2. In order to use Mobile Wallet as business you must:
i. Be registered in Trinidad and Tobago, and
ii. Submit all information and documents requested by PayWise, including but not limited to information about your principals, directors, officers and/or secretaries, your business name, email address, text-enabled mobile phone number, business address, date of registration/incorporation and all business registration/incorporation information and documents.

4. CREDITING YOUR MOBILE WALLET
4.1. There are several ways in which funds may be added to your Mobile Wallet. You may add funds by:
a. Crediting At An Agent Location – You may add funds to your Mobile Wallet by making a credit to your PayWise account at any PayWise Agent;
b. Receiving Credit From Another Mobile Wallet. Funds will be added to your Mobile Wallet when you receive a credit to your PayWise Account from another Mobile Wallet;
c. Crediting From Your Bank Account – You may add funds to your Mobile Wallet by transferring funds to your PayWise Account from your bank account, and
d. Crediting From Your Payment Card Account – You may add funds to your Mobile Wallet by transferring funds to your PayWise Account from your credit or debit card.

5. MOBILE WALLET BALANCE
5.1. Your Mobile Wallet balance consists of all funds held in your PayWise account, which are not subject to pending transactions, holds or any other restrictions.

6. MOBILE WALLET SERVICES
6.1. You may engage in the following transactions with your Mobile Wallet:
a. Transfers to Bank Account. You may electronically transfer funds from your Mobile Wallet to an eligible bank account. By using this service you are requesting that PayWise remits funds in the amount you instruct to a specified bank account. Once PayWise has arranged and/or settled the requested remittance you will not be able to cancel that transaction. A transfer from your Mobile Wallet to a specified bank account usually takes one (1) to three (3) business days to be completed.

b. Online Payments – You may use the funds in your Mobile Wallet to make online payments. For example, you may use the funds in your Mobile Wallet to pay utility bills. You may also use the funds in your Mobile Wallet to make payments on any website or third-party service provider compatible with Mobile Wallet. You may also use your debit or credit card via Mobile Wallet to directly pay utility bills, or make online payments on any website or third-party service provider compatible with Mobile Wallet

c. Wallet to Wallet Transfers – You may send to and/or receive funds from any other PayWise Customer using your Mobile Wallet. You may send funds directly to another Mobile Wallet and you may receive funds directly from another Mobile Wallet.

d. Cash Redemptions – You may cash out the funds contained in your Mobile Wallet at any PayWise Agent.

e. Request Funds – You may also request funds to be transferred to you using your Mobile Wallet. You may request funds from any other PayWise Customer, or from persons or entities that are not Mobile Wallet users.

7. TRANSACTION HISTORY
7.1. The history of all transactions performed in relation to your Mobile Wallet can be accessed and viewed directly from your Mobile Wallet.

8. ERROR RESOLUTION
8.1. In cases where you believe an error may have occurred, you are required to make a complaint by contacting us at the following email address or telephone number:
i. [email protected], or
ii. 1-868-610-9323

8.2. In your complaint, you must provide us with:
i. Your name, Mobile Wallet details and PayWise account details;
ii. Why you believe an error may have occurred;
iii. The dollar amount of the transaction and error involved, and
iv. Approximately when you believe the error may have occurred.

8.3. PayWise will review your complaint and acknowledge receipt of same within seven (7) business days. Complaints will be addressed, and disputes resolved within thirty (30) days from the date on which the complaint was received by PayWise. If we decide that there was an error, we will rectify it promptly. If we decide that there was no error, we will send you a written explanation.
8.4 If you make your complaint to us orally, you are required to send us your complaint in writing within seven (7) business days of your oral complaint.

9. SHARING OF YOUR INFORMATION
9.1. PayWise will share your account and transaction information, including but not limited to your name and the amount and a description of your transactions (a) with the other party/parties to your transaction and (b) in accordance with the provisions of PayWise’s Privacy Policy, which is published on PayWise’s website.

10. MOBILE WALLET FEES
10.1. The following fees are applicable when you use Mobile Wallet:

Transaction Fees
– Bank Transfer In – Free
– Pay at Agent – 1% (minimum 8.00 TTD)
– Wallet to Wallet – Free
– Bank Transfer Out – 2.00 TTD
– Bank Transfer Return Fee – 5.00 TTD
– Credit Card Fee – 3.50% of transaction value + 3.00 TTD

10.2. We reserve the right to charge for any other services provided to you and change the fees associated with the use of the Mobile Wallet services at any time, at our sole discretion.

11. SEPARATION OF FUNDS
11.1. PayWise will hold your Mobile Wallet funds in a custodial bank account separate and apart from its operating account and will not use funds in the custodial account for any of its business purposes.

12. INTEREST
12.1. You will not receive any interest on any of the funds held in your Mobile Wallet/PayWise account.

12.2. PayWise may receive interest on funds held for its Customers. However, as consideration for your use of PayWise’s services and with full knowledge and understanding that PayWise may receive this interest, you irrevocably transfer and assign to PayWise any and all right that you may have in any interest that may accrue on funds held by PayWise.

13. RISK OF FRAUDULENT TRANSACTIONS
13.1. Mobile Wallet facilitates financial transactions. As a result, fraudulent transactions may result in the loss of funds with no recourse.

14. LIMITATIONS ON BALANCES
14.1. PayWise may impose limits on the balance in your Mobile Wallet and/or the value of your Mobile Wallet transactions. PayWise reserves the right to change these limits at any time.

15. OUR RIGHTS
Our suspension and termination rights:
15.1. We, in our sole discretion, reserve the right to suspend or terminate your access to your Mobile Wallet, the held funds in your Mobile Wallet, your PayWise Account, the funds held in your PayWise Account, any or all Mobile Wallet services, access to or use of our websites, software, systems (including any networks and servers used to provide any of the PayWise’s services) operated by us or on our behalf or some or all of PayWise’s services, for any reason.

Security interest:
15.2. As security for the performance of your obligations as set out herein, you grant to us a lien on and security interest in and to all funds in your Mobile Wallet/PayWise Account and any other funds held in our possession.

Amounts owed to us:
15.3. We may deduct amounts owed to us, in whole or in part, from funds held in your Mobile Wallet/PayWise Account or from funds sent to your Mobile Wallet/PayWise Account.
15.4. While you owe amounts to us, we may:
a. Reverse any payments you have sent;
b. Engage in collection and other efforts to recover such amounts from you, and
c. Place a limitation, hold or take other action in relation to your Mobile Wallet/PayWise Account that we deem appropriate.
15.5. If you have more than one Mobile Wallet, we may set off amounts owed to us in one Mobile Wallet against money in or money sent to your other Mobile Wallet.

No waiver:
15.6. Our failure to act with respect to a breach of any of your obligations does not waive our right to act with respect to the same, subsequent or similar breaches.

16. HOLDS AND LIMITATIONS
Holds and limitations.
16.1. Under certain circumstances, in order to protect PayWise and the security and integrity of PayWise’s network, PayWise may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your transactions, Mobile Wallet and/or PayWise Account.
16.2. Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of PayWise, our customers, stakeholders and/or service providers. We may use proprietary fraud and risk modelling when assessing the risk associated with you, your transactions, Mobile Wallet and/or PayWise Account. In addition, we may be restricted by applicable law from disclosing certain information to you about such decisions. We also have no obligation to disclose the details of our risk management or security procedures to you.

Holds:
16.3. A hold is an action that PayWise may take under certain circumstances either at the transaction level or the account level. When PayWise places a hold on a transaction, the money is not available to either the sender or the recipient. PayWise reviews many factors before placing a hold on a transaction, including but not limited to: account tenure, transaction activity, and past disputes.

Holds based on PayWise’s risk decisions
16.4. We may place a hold in relation to your Mobile Wallet, in our sole discretion, if we believe that there may be a high level of risk associated with you, your Mobile Wallet account, your PayWise Account, or your transactions. We may also place a hold if we believe that placing such a hold is necessary to comply with applicable law. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties. Court Orders, Regulatory Requirements or Other Legal Process

16.5. If we are notified of a court order or other legal process affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Mobile Wallet, placing a hold or limitation on your Mobile Wallet or placing a hold on your PayWise Account. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you, your Mobile Wallet or your PayWise account.

Disclosures
16.6. Unless restricted by law or regulatory requirements, PayWise will disclose the reason for the hold or limitation.

17. RESTRICTED ACTIVITIES
17.1. In connection with your use of our Mobile Wallet services, or in the course of your interactions with us, other customers, or third parties, you must not:
i. Breach the Mobile Wallet Terms and Conditions, PayWise’s User Agreement or any other agreement, terms, conditions and/or policies, which pertain to our relationship with you;
ii. Violate any of the Laws of Trinidad and Tobago;
iii. Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights;
iv. Act in a manner that is defamatory, trade libellous, threatening or harassing;
v. Provide false, inaccurate or misleading information;
vi. Engage in what we reasonably believe to be fraudulent or potentially fraudulent activity or transactions;
vii. Refuse to cooperate in an investigation, or refuse to provide confirmation of your identity or any other information you provide to us;
viii. Use the Mobile Wallet services in a manner that results in or may result in:

a. Complaints;
b. Disputes, claims, reversals; or
c. Liability or losses to PayWise, other customers, third parties or you;

ix. Use your Mobile Wallet in a manner that we believe to be an abuse of our services;
x. Have any amounts owed to us;
xi. Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information, Mobile Wallet, PayWise Account and/or PayWise service;
xii. Circumvent any of our policies or determinations about your Mobile Wallet such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including but not limited to engaging in the following actions:
a. Attempting to open a new or additional Mobile Wallet(s)/PayWise Account(s) when you have amounts owed to us or when your Mobile Wallet has been restricted, suspended or otherwise limited;
b. Opening a new or additional Mobile Wallet or PayWise Account using information that is not your own (e.g. name, address, email address, etc.), or
c. Using another person’s (whether natural or legal) Mobile Wallet or PayWise Account.

xiii. Harass and/or threaten our employees, servants, agents, associates, and/or other users;

xiv. Provide yourself a cash advance from your credit card or help others to do so

18. ACTIONS WE MAY TAKE IF WE BELIEVE YOU HAVE ENGAGED IN ANY RESTRICTED ACTIVITIES.

18.1. If we believe that you have engaged in any of the activities referred to at clause seventeen (17) hereof we may take a number of actions to protect ourselves, our customers and others at any time and in our sole discretion. The actions we may take include, but are not limited to, the following:
i. Terminating your Mobile Wallet and/or PayWise Account, without penalty to us;
ii. Suspending your access to your Mobile Wallet and/or your access to the entire balance in your Mobile Wallet or PayWise Account;
iii. Refusing to provide Mobile Wallet and/or PayWise services to you in the future;
iv. Limiting your access to our websites, software, systems (including any networks and servers used to provide any of the Mobile Wallet or PayWise services) operated by us or on our behalf;
v. Limiting your access to your Mobile Wallet and/or PayWise Account and/or the funds held therein (if any);
vi. Limiting your ability to receive, pay or send money with your Mobile Wallet or PayWise account;
vii. Restricting your ability to send money or make bank transfers;
viii. Holding money in your Mobile Wallet and/or PayWise Account;
ix. Updating inaccurate information you provided to us, or
x. Taking legal action against you.

18.2. If we terminate your Mobile Wallet or PayWise Account we will provide you with notice of our actions (unless we are prevented from doing so for safety reasons or by law) and make any unrestricted money held in your Mobile Wallet/PayWise Account available to you, at your expense. Similarly, if we suspend your access to your Mobile Wallet and/or your access to the entire balance in your Mobile Wallet or PayWise Account we will provide you with notice of our actions (unless we are prevented from doing so for safety reasons or by law).

19. LIMITED AND REJECTED TRANSACTIONS
19.1. We reserve the right to reject or limit any and all Mobile Wallet transactions, at any time and at our sole discretion.
19.2. Transactions can be limited or rejected for any reason, including but not limited to reasons related to compliance with Anti-Money Laundering Laws and Regulations, or PayWise’s risk management. When limiting or rejecting a transaction PayWise, unless restricted by law or regulatory requirements, will disclose the reason for the limitation or rejection.
19.3. PayWise shall not be responsible for any fees incurred in connection with transactions which are rejected or limited. In no event will PayWise be liable for any losses and/or damages whatsoever arising out of the limitation or rejection of any transaction.

20. YOUR LIABILITY
20.1. You are solely responsible for keeping your Mobile Wallet security

information safe. You must not:
i. Allow another person (whether natural or legal) to use your Mobile Wallet;
ii. Write down or record (in any form) any security information in a way which enables or may enable a third party to make fraudulent use of your Mobile Wallet;
iii. Disclose or make available any security information related to your Mobile Wallet to third parties.

20.2. You are liable for all transactions that take place as a result of you acting fraudulently, negligently, or failing to comply with the Mobile Wallet Terms and Conditions.

21. LIMITATION OF LIABILITY AND INDEMNIFICATION
21.1. In no event shall PayWise, its agents, representatives, directors, officers, employees, shareholders, stakeholders and/or affiliates be liable to you or any other party for any losses or damages, whether direct, indirect, punitive, special, incidental, consequential or otherwise resulting from or in any way connected to your use of the Mobile Wallet or any of PayWise’s services, even if PayWise has been advised of the possibility of such damages. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, tort, negligence, strict liability or otherwise.
21.2. PayWise shall not be responsible for any unauthorized access or loss or harm resulting from your failure to safeguard your Mobile Wallet credentials or access to your Mobile Wallet.
21.3. In no event shall PayWise’s liability to you (for any reason whatsoever) at any time exceed the amount of the total fees you paid to PayWise for the use of its Mobile Wallet Services.
21.4. You agree to indemnify and hold PayWise, its agents, representatives, directors, officers, employees, shareholders, stakeholders and/or affiliates harmless from any and all losses, claims, demands, or damages, which arise out of your use of the Mobile Wallet or any of PayWise’s services.

22. NO WARRANTY
22.1. Our Mobile Wallet services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose. We do not have any control over the products or services provided by sellers who accept Mobile Wallet as a payment method and we cannot ensure that another Mobile Wallet user or a seller you are dealing with will actually complete the transaction or is authorised to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Mobile Wallet services and operation of our website, software, or systems (including any networks and servers used to provide any of the Mobile Wallet/PayWise services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards and credit cards are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the Mobile Wallet/PayWise services are dependent upon many factors outside of our control, such as, inter alia, delays in the banking system.

23. INVALID MOBILE WALLET TRANSFERS
23.1. If we believe you have received a payment that should not have been made for some reason (for example, fraud), you hereby authorise us to reverse that payment.
23.2. If you receive a Wallet-to-Wallet transfer and we later determine in our sole discretion that that Wallet-to-Wallet transfer was invalid for any reason, you hereby authorise us to move funds from your Mobile Wallet in an amount equal to the Wallet-to-Wallet transfer.
23.4. You acknowledge and agree that we will not be liable in any way for any payments or Wallet to Wallet transfers that you may receive, regardless of whether or not you authorised the Sender to send the same to you.

24. REFERRAL PROGRAMS
24.1. From time to time we may offer referral programs or incentives for inviting others to use our Mobile Wallet services (“Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the current Referral Program terms, if applicable, and otherwise at our sole discretion.

25. APPLICABLE LAW
25.1. The Mobile Wallet Terms and Conditions shall be governed by and construed in accordance with the laws of Trinidad and Tobago.

26. MISCELLANEOUS
26.1. If any part of the Mobile Wallet Terms and Conditions is determined to be invalid or unenforceable, the remainder of the Mobile Wallet Terms and Conditions shall continue in full force and effect.
26.2. Unless otherwise specified herein the Mobile Wallet Terms and Conditions and the User Agreement constitute the entire agreement between you and PayWise with respect to your use of PayWise’s Mobile Wallet services.
26.3. Any delay or failure to exercise any right or remedy available to us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
26.4. You may not assign or transfer any rights, responsibilities and/or benefits. You will remain liable until all Mobile Wallet/PayWise accounts registered to you are terminated and all sums due to PayWise have been paid in full. We may assign our rights, responsibilities, and benefits at any time without prior written notice to you.
26.5. No third party has a right to enforce any of the provisions set out herein on your behalf.