YangoPay– Terms of Use

Thank you for using YangoPay, these Terms of Use create a legally binding agreement between you as user of YangoPay functionality within Yango, and RideTechnology Global FZ-LLC, a limited liability company incorporated in the UAE with registered address at 104A, First floor, Bld. 12, Dubai Internet City, Emirate of Dubai, the UAE (hereinafter “YangoPay”), Flutterwave Inc. a limited liability company, with registration number 6031713, Flutterwave Technology Solutions Limited, a limited liability company with registered address at A32 Klottey Close, Labone, Accra, Ghana (or its affiliates), and eTranzact Ghana Limited (herein after “Flutterwave”).

Please read these Terms of Use carefully before using YangoPay as these regulate and govern your use and access of YangoPay in Ghana. If you do not agree to these Terms of Use, you should not continue to use YangoPay and may not utilize YangoPay as a payment method. By continuing to access and use YangoPay, you confirm your agreement to be bound by these Terms of Use.

1. Definitions

a. “Affiliates” means any entity which Controls, is controlled by, or under common Control with, such entity.

b. “Control” means the ability to directly or indirectly control or exercise control over the majority of the voting rights associated with the shares of an entity; right to appoint, elect or control board members of such entity; or ability to materially influence the policy and/or business decisions of such entity in a manner comparable to a person exercising control.

c. “Flutterwave” means a third-party regulated and authorized (directly or through its Affiliates) to provide payment services in your country. Flutterwave provides services in Ghana through eTranzact Ghana Limited.

d. “GDPR” means the General Data Protection Regulation of the European Union.

e. “KYC” means Know Your Customer.

f. “Delivery Services” mean delivery services provided by third parties under the Terms of Use of Yango Delivery available at https://yango.com/legal/yango_termsofuse_delivery.

g. “Top-Up” means a transaction initiated by you with the sole purpose of using such balance within YangoPay’s infrastructure.

h. “Transaction” means a transfer of funds for Top-Up or for services provided through Yango’s infrastructure.

i. “Transportation Services” mean transportation services provided by third parties under the Yango’s Terms of Use available at https://yango.com/legal/yango_termsofuse.

j. “Yango App” means an online mobility service that connects prospective users with local service providers available on Android an iOS, interchangeably, it shall mean any other mobile application operated by YangoPay’s group of companies.

k. “YangoPay Balance” means a balance of funds in your local currency held by Flutterwave on your behalf and displayed on the Yango App.

2. Account

a. YangoPay is not a bank account. It is also not a mobile wallet, it does not create electronic money, and it does not operate a payment service.

b. YangoPay represents a payment option that you can use when using services offered through the Yango App.

c. Once you have accepted these Terms of Use, YangoPay will assign you a Unique Identifier (UID) that will be linked to a UID created by Flutterwave/Nsano (YangoPay account).

d. Any transaction made from your YangoPay account will be final and shall not be subject to any reversal, refund, or claim unless required by law or otherwise determined by YangoPay. Please do not share your log in credentials with anyone, once a transaction has been processed, it cannot be reversed. You agree to notify YangoPay immediately upon becoming aware of any fraudulent activity or theft of your YangoPay account.

e. In order to ensure your security, prevent fraud or identity theft and comply with anti-money laundering laws and regulations (as applicable), YangoPay (and/or Flutterwave) may request information from you at any time to confirm your identity, to allow you to open and maintain a YangoPay account. YangoPay may also request you to update and verify your information from time to time. This is one way that Yango seeks to obtain comfort that the only person who can access your YangoPay account is you. You are not allowed to have more than one YangoPay account.

f. YangoPay may delay, suspend or block your access to YangoPay account until you comply with this information request or other verification steps that may be required by YangoPay (and/or Flutterwave) at any time.

3. Usage

a. YangoPay is limited to the services offered through the Yango App. You will not be able to withdraw, transfer, or spend the funds in any other way that is not through the Yango App.

b. By using YangoPay, you acknowledge and agree that YangoPay does not provide payment or financial services.

c. YangoPay is not providing transportation or delivery services, and is also not the seller or reseller of goods sold through the Yango App. These third-party service providers are independent and solely liable for their services to you.

d. You acknowledge and agree that your funds are being stored under the custody of Flutterwave.

e. YangoPay may only be available in your country, and you might not be able to access or use YangoPay in other countries where YangoPay is available.

f. Once you have selected YangoPay as the payment option via Yango App, you acknowledge and agree that the balance reflected in YangoPay will be reduced in accordance with the goods or services purchased through the Yango App.

g. All text, graphics, user interface, visual interface, trademarks, logos, sounds, music, artwork, and computer code, look and feel, owned, controlled, or licensed to us (“Content”), is protected by trade dress, copyright, and applicable trademark law.

h. Hereby, subject to these Terms, YangoPay grants you a limited, revocable, non-transferrable, non-exclusive, non-commercial, royalty free right to access and use the YangoPay payment option.

i. You shall not copy, reproduce, encode, transmit or distribute the Content to any other computer, server, website, or another medium for publication or distribution for any commercial use, without Yango’s prior written consent.

4. Disclaimer

a. YangoPay is provided on an as-is and as-available basis, without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. YangoPay does not warrant that any information provided by YangoPay is accurate, complete, useful, or that YangoPay will be error-free, operational, secure, and function without disruptions, delays or imperfections.

c. YangoPay does not control and is not responsible for the third-party services providers.

d. YangoPay does not control and is not responsible for Flutterwave.

e. YangoPay may provide you with these Terms of Use in other languages. These are provided for convenience only. In case of any discrepancy or conflict between the English version of these Terms and versions in other languages, the English version shall control and prevail.

5. Top-Ups

a. You may Top-Up your YangoPay account by:

1. Mobile Wallet from the authorized telecommunication networks that have an agreement with Flutterwave.
2. Bank cards.

b. You may Top-Up at any time and use the available balance at any time. Should you not have enough balance, the payment will be rejected until you select another payment option or add balance to your YangoPay.

c. You may be required to add an alternative payment method at any time, this is to safeguard third-party service providers from receiving the full amount of the goods and services in case you run out of balance.

d. You acknowledge and agree that as required by law, funds will be held within a bank account maintained and operated by Flutterwave in accordance with applicable laws until such time as you have completed a Transaction.

e. Upon completion of a Transaction, Yango will deduct your YangoPay Balance, by the Transaction amount, within the Yango App and will notify Flutterwave who will deduct the corresponding amount in Ghana Cedi from funds held on your behalf within the bank account and will settle such funds to Yango.

f. You acknowledge and agree that funds topped-up onto your YangoPay are non-transferable, non-refundable, non-returnable, and may not be redeemed for cash.

g. Yango may set deposit, transaction, and turnover limits at any time in order to comply with applicable anti-money laundering rules and regulations. Further, Yango may suspend, block, or decline to process any transaction (including refunds) at its own discretion that it considers related to fraud, money laundering or other illegal activity.

6. Refunds

a. Yango at its own discretion, and subject to any further applicable terms and conditions, may allot onto your YangoPay Balance certain percentage from a Transaction as a cashback or a fixed amount depending on its own promotional or marketing activities.

b. A refund does not imply any creation of electronic money, nor transfer of funds from Yango to you. A refund simply reflects available funds in your YangoPay Balance that you can use as a discount on future purchases of goods and services purchased through the Yango App.

c. YangoPay at its own discretion, and subject to any further applicable terms and conditions, may agree to allot onto your YangoPay Balance a fixed amount of funds as a total or partial refund for a purchase of goods or services through the Yango App.

7. Your information

a. Any and all data that you are required to submit to Yango shall be processed in accordance with the User Privacy Policy available at: https://yango.com/legal/confidential/?lang=en and subject to applicable data protection laws in your country.

b. Payment or KYC information that you submit to Flutterwave shall be processed in accordance with their own Privacy Policies available at: https://flutterwave.com/us/privacy-policy and https://etranzact.com.gh/privacy-policy and subject to applicable data protection and anti-money laundering laws in your country.

8. Suspension and termination

a. Yango may (subject to any prevailing laws) immediately terminate these Terms of Use with respect to you, or generally cease offering or deny access to YangoPay as a payment method, at any time and for any reason.

b. Yango may be required to suspend any Transaction or access to your YangoPay by requirement of Flutterwave and/or any competent regulatory authority.

c. Should you not use YangoPay for a period of one calendar year from the last Transaction, your YangoPay shall be deemed dormant and Flutterwave will act in accordance with applicable law.

9. Changes to these Terms of Use

a. We may, at any time and without notice to you, amend any of the provisions hereof. Any amendments, changes, modifications or deletions will be available on our website or the terms and conditions section of Yango App. You are solely responsible for reviewing this section from time to time. Your continued access to and/or use of YangoPay constitutes your express agreement with any such amendments, changes, modifications or deletions.

10. Applicable law and dispute resolution

a. These terms shall be governed by and construed in accordance with the laws of the Netherlands without regard to any principles of conflict of law.

11. Limitation of Liability

a. In no event will you or Yango have any liability to the other or any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not we or you have been advised of the possibility of such damages. Yango’s maximum aggregate liability to you or any breach of these Terms of Use is one hundred EUR. The forgoing shall apply to the maximum extent permitted by applicable law.

12. Indemnification

a. If anyone brings a claim against Yango related to your actions, or information, or any other use of YangoPay by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold us harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with your access to or use of YangoPay, your breach of these Terms of Use or applicable law, or any misrepresentation made by you.

13. Assignment

a. We may assign these Terms of Use at any time and without your consent to one of our affiliates, subsidiaries, or in connection with a merger, acquisition, or corporate reorganization.

14. Severability

a. If any provision of these Terms of Use is found by any competent court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Date of publication: 23.11.2023.

Previous version of the document: https://yandex.com/legal/yangopay_ghana/19092023

Previous version of the document: https://yandex.com/legal/yangopay_ghana/16052023