Terms of Use

1. ELIGIBILITY: You confirm that You have the power, authority and capacity to accept these Terms of Use.  The Digital Services are available  for the purposes of staging remittance transactions, receiving remittance transactions, sending monies as part of a remittance transaction via the web based interface, Massy APP or E Wallet or such other electronic service Massy may offer from time to time.  Due to the manner in which the Digital Services operate, you may need to utilize an Eligible Device.  Devices modified contrary to the manufacturer’s software or hardware guidelines, including by disabling hardware or software controls—sometimes referred to as “jailbreaking”—are not Eligible Devices. You acknowledge that the use of a modified device to use your  E Wallet or Massy APP in connection with the Digital Services is prohibited, constitutes a violation of the Terms of Use, and is grounds for us to deny your access to the Digital Services or to conduct Digital Transactions. We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, account activation date, and device make and model, where provided in accordance with your mobile operator’s privacy policy, to allow verification of your identity and to compare information you have provided to MASSY with your mobile operator account profile information. MASSY will only use and store this disclosed data to fulfil its regulatory requirements and fraud prevention purposes.

2. COMMENCEMENT, TERM AND YOUR ACCOUNT. These Terms shall commence on the day that Massy confirms to you via the Mobile App or via email that your account has been approved and shall continue until terminated in accordance with the provisions herein.  You are only able to store the currency of your territory in your E Wallet or on the Massy APP.  The monies held in your E Wallet or Mobile APP will not accrue interest and is not covered by any regulatory scheme. We may stop your access to the Digital Services or the Services on reasonable grounds relating to the security of the Digital Services or the suspected unauthorised and/or fraudulent use of the Digital Services or the Services. If we do stop your access in such instances, we will inform you via the Massy APP and direct you to our customer services team via email.

3. VERIFICATION OF IDENTITY You confirm that you have provided the correct Information during the process of creating an account with us or performing Digital Transactions with us. You undertake that, if your details change, you will notify us immediately. You must ensure your information is always accurate and up to date.  Where your information is outdated or inaccurate, you will update this information on your own or on our request.  You may be required to provide supplemental information to us to be able to use all of the functionality of Digital Services available. ‍You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again.  We shall not be liable for any losses arising out of your failure to maintain up to date information.  You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with the Digital Services, to identify or authenticate your identity or validate your transactions or your funding sources for Digital Transactions.  We reserve the right to close, suspend, or limit access to your Massy APP or E Wallet or the Digital Transactions where you do not comply with our requests or in the event we are unable to obtain or verify Information requested of you.

4. DIGITAL TRANSACTIONS In order to stage a Remittance Transaction (Send or Receive) utilising the Digital Services, you must provide all customer identity and due diligence information, any unique reference number that is issued to you or any other method we make available to you from time to time.  In order to receive cash from a Remittance Transaction, you will need to go to an authorised Agent.  In order to receive a Remittance Transaction utilising the Digital Services you must provide all customer identity and due diligence information, any unique reference number that is issued to you or any other method we make available to you from time to time. You may also fund your Remittance Transactions directly to your E Wallet by entering into a  Bank Transfer or Auto Clearing House (ACH) transaction directly to your E Wallet. To perform a Bank Transfer/ACH transaction within the Massy APP, you will be required to add and verify your bank account (and subject to the terms of the bank mandate used by your bank to set up and maintain the authority).  You agree to provide us with a valid bank statement and continuous authority to perform the Bank Transfer. Only named holders of the bank account can add the details to utilise the Digital Services.  Where you are conducting Cash In, Cash Out or Top-Up of your E Wallet utilising cash, you will need to perform at our authorized merchants, if not via cash, you can fund via a Bank Transfer or any other method we make available to you from time to time.   We may, at our reasonable discretion (for example, without limitation, to limit fraud or cyber security risk) or to comply with regulatory requirements, impose limits on the amount of money you can receive through the Digital Services. In order to change your receiving limit, you must provide us with any supplemental information we request.

5. PROHIBITIONS Massy may refuse to enter into a Digital Transaction with you at any time and for any reason. Massy reserves the right to refuse to perform a Digital Transaction directly or indirectly associated with any sanctioned or high risk country.  Massy provides virtual receipts for successful Digital Transactions, which are accessible via the Digital Services.   Massy will not and is under no obligation to provide you with a physical receipt or other written confirmation in connection with any Digital Transaction.

6. USE OF YOUR E WALLET/MASSY APP:  The E Wallet or Massy APP enables you to create virtual representations of currency on your Supported Device.  You agree to use the Digital Services only with a Supported Device, which device must be an Eligible Device,  properly equipped and to comply with all terms and conditions applicable to the services agreement for your device. You should know that not all Supported Devices permit both contactless and in-app functionality. Please contact your device manufacturer if you have questions about the Supported Devices that can be used with the Digital Services.  When you use the Digital Services, certain account information  will be transmitted to and stored within your Supported Device to facilitate your participation in Digital Services.

7. BALANCES RECORDED ON YOUR APP /WALLET You acknowledge that balances and available funds reported via the Digital Services are only approximate real time balances rather than the settled balances.  A real time balance may not take into account pending debits and credits. Massy will provide you with information on pending debits and credits as soon as it has that information.

8. UNDERTAKINGS You undertake to use the Digital Services for lawful purposes and activities and not to conduct transactions involving activities, products, goods and services prohibited by law.  You further undertake not to violate or infringe on Massy’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of  publicity or privacy.  You undertake not to use the Digital Services or perform Digital Transactions in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Massy, third parties or you.  You agree not to (i) provide us with false, inaccurate or misleading information; (ii) not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Digital Services;

9. AUTHORISATION  You hereby explicitly and unambiguously consent to the collection, use and transfer, in electronic or other form, of the your personal data as described in this Agreement and any other materials by and among, as applicable, Massy and any affiliate for the exclusive purpose of implementing, administering and managing your participation in the Services. You understand that refusal or withdrawal of consent may affect your ability to participate in the  Services . You understand that personal data may be transferred to any Subsidiary or affiliate or third parties as may be selected by Massy to assist Massy with the implementation, administration and management of the Services. The Parties agree that any applicable data privacy laws and any other obligations of Massy to maintain the confidentiality of your information in accordance with applicable law which governs the disclosure of information relating to you under these Terms of Use. Massy shall ensure that they each have in place appropriate technical and organizational security measures to protect your personal data.  Additionally, you shall sign any documentation as may be required by Massy to comply with applicable data privacy laws.

10. DISPUTE RESOLUTION:   The Parties will attempt to settle any claim or controversy arising out of the Terms of Use or the subject matter hereof through consultation and negotiation in good faith in a spirit of mutual cooperation.  The Parties will use reasonable efforts to attempt to resolve the dispute through good faith negotiations by telephone or in person as may be agreed. If they fail to resolve the dispute within thirty (30) days after notice of a dispute is filed and do not mutually agree to extend the time for negotiation, then the dispute will be submitted to a Court of Competent jurisdiction  for resolution.  Any action or proceeding seeking to enforce any provision of, or based on any right arising out of these Terms of Use, shall be brought in the local courts  and each of the party’s consents to the jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.

11. CHARGES: We do not currently charge a fee for using the Massy App.  Any application of a fee for inter alia Digital Transactions will communicated to you by reasonable prior Notice.   However, you understand that Third Party Agreements may contemplate fees, limitations and restrictions which might affect your use of any of the Services  (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions or fees in connection with your use (such as data usage or text messaging charges imposed on you by your wireless carrier) and be subject to any restrictions those third parties may impose.

12. THIRD PARTY AGREEMENTS AND SUPPORT: These Terms of Use only address the terms and conditions that apply to your use of the Services. Your device manufacturer, your wireless carrier, and other third party  services have their own Third Party Agreements and you are subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective sites. MASSY is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of your device manufacturer’s or any third party’s products or services.  It is your responsibility to read and understand the Third Party Agreements before creating, activating or using the Services. We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services. If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Supported Device, please contact the appropriate third party in accordance with that third party’s procedures for customer support and assistance.

13. PRIVACY AND SECURITY: What MASSY collects: When utilising the Digital Services or when conducting a Digital Transaction, we collect certain information from your device to verify your identity, to enable you to use the E Wallet, Massy APP  and facilitate Digital Transactions. You acknowledge that (i) the MASSY, as well as its sub-contractors, agents, and affiliates, or other third parties supporting these services, will have access to certain details of your transactions.  You authorize MASSY to collect, use and share your information in accordance with the applicable MASSY privacy policy as may be amended from time to time, and which is available at  https://Massyremittance.com/privacy-policy. To facilitate your participation, also note that we will make your  information available for display on the Digital Services. You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Supported Device gathered periodically to facilitate the updates to our services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.   What Others Collect:  As stated at the beginning of these Terms of Use and in the Third Party Agreements and Support section above, MASSY is not responsible for other services offered by your wireless carrier or any third party. Accordingly, any information you provide to your device manufacturer or that is collected or accessed by the device manufacturer in the course of your use of the Digital Services is subject to Third Party Agreements, and is not governed by our Privacy Policy or these Terms of Use.  Your E Wallet or Massy APP will not be added to any of your other Supported Devices unless you verify that E Wallet or Massy APP with us on that device.

14. LOST, STOLEN OR UNAUTHORIZED USE OF YOUR SUPPORTED DEVICE:   You agree to call the MASSY and your service provider immediately if you believe your Supported Device or your credentials have been lost or stolen or someone has used or may use your Supported Device or your credentials without your authorization. You also agree to  change your credentials immediately to avoid any unauthorized use of the Digital Services or of your  personal information. If you get a new Supported Device, please be sure to delete all your  personal information from your prior Supported Device.  You agree to cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.    Your Supported Device may contemplate certain security features and procedures to protect against unauthorized use. These features and procedures are the sole responsibility of your device manufacturer. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your information.

15: PROTECTING YOUR DEVICE PASSWORDS AND OTHER CREDENTIALS:   You are solely responsible for maintaining the confidentiality of your MASSY user ID, Device User ID, Device Password and other means you may use from time to time have to use the Digital Services or to conduct the Digital Transactions. If you share these credentials with any other person, they may be able to use your Massy APP or E Wallet and get access to your personal and payment information available. You should keep your Supported Device and these credentials secure in the same manner as you would keep your cash, cheques, credit cards, and other personal identification numbers and passwords secure. Subject to these Terms of Use, you are responsible for all transactions made using your Massy APP/E Wallet or any other device.   Call us immediately if you believe your Supported Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.  If you notice misuse, theft or unauthorised use of your Massy APP, E Wallet or any other platform or any other activity that makes you suspicious, you must contact the customer services team.

16. REPRESENTATION AND WARRANTIES:   You represent and warrant to us that  (i) you have the authority to authorize the receipt of notices, calls and text messages from MASSY at the phone number or email address you provide; (ii) you and all transactions initiated by you will comply with all local laws, rules, and regulations applicable to you and within designated limits imposed by MASSY (iii) you will not use the Digital Services or conduct any Digital Transaction  for any fraudulent undertaking or in any manner so as to interfere with the operation of the Digital Services; and (v) your use of the Services will comply with these Terms of Use.

17. SUSPENSION; CANCELLATION: We reserve the right for any reason to discontinue offering or supporting the Digital Services or the conduct of any further Digital Transactions. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of the Services at any time without notice and for any reason, including if you violate these Terms of Use, if we suspect fraudulent activity or as a result of the cancellation or suspension of your account. You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of this Service.  If Massy, in its sole discretion, believes that you may have breached the provisions of this Agreement,  we may take action to protect ourselves, other Users and third parties including not limited to limiting access, suspending, blocking or terminating your use of the Digital Services and this Agreement with you.   Massy may also and you hereby authorise Massy to contact persons with whom you have conducted transactions, your bank, reverse, fully or partially Digital Transactions and take legal action against you.

18. DISCLAIMER OF WARRANTIES: You expressly acknowledge and agree that the use of the Services is at your sole risk. To the fullest extent permitted by applicable law, the Services are provided to you “as is” and “as available”, with all defects that may exist from time to time and without warranty of any kind, and Massy on behalf of itself and its suppliers, hereby disclaims all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement of third party rights. We, on behalf of ourselves and our suppliers, or agents also do not warrant against interference with your enjoyment of the Services, or that the functions contained in, or services performed will meet your requirements, that the operation or availability of  the Services will be uninterrupted or error-free, or that defects in the Services  will be corrected. No oral or written information or advice given by Massy, any of its authorized representatives or any third party shall create any warranty.   Access, use and maintenance of the Services depend on the networks of wireless carriers over which Massy has no control. We will not be liable to you for any circumstances that interrupt, prevent or otherwise affect the functioning of the Services, such as  wireless service, communications, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. Massy disclaims any responsibility for any wireless service used to access, use or maintain the Services.  Use of the Services involves the electronic transmission of personal information through third party connections. Because we do not operate or control these connections, we cannot guarantee the privacy or security of these data transmissions. Additionally, your supported device’s browser is generally preconfigured by your wireless carrier. Check with your device manufacturer and your wireless carrier for information about their privacy and security practices. For personal or confidential information sent to or from your Massy APP or E Wallet or any electronic device over the internet from your supported device, we reserve the right to limit such connections to “secure sessions” that have been established using acceptable security.  We also are not responsible for your Supported Device or the software or hardware it contains and make no representations, warranties, or guarantees regarding the same.  This Section shall survive any termination of these Terms of Use.

19. LIABILITY You will be liable for all losses incurred in respect of the Services if you have acted fraudulently or have intentionally or with negligence failed to comply with the obligations set out herein. Massy shall not be liable for non-execution or defective execution in relation to a Digital Transaction we have made in accordance with a unique identifier given to us by you which proves to be incorrect. However, we may make reasonable efforts to recover funds involved in that transaction and may charge you for doing so, including passing on to you charges made by intermediary banks and/or the payee’s bank for their assistance in the tracing process.  Massy shall not be liable to you for any delay or failure to perform our obligations under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including, but not limited to, any action or inaction by you or any third party, any Force Majeure Event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of god or any abnormal or unforeseeable circumstances; or  consequential or indirect loss (such as loss of profits or opportunity) you may incur as a result of us failing to perform our duties under any Digital Transaction or the Services.   Massy shall not be liable to you for any loss or damages as a result of any viruses or other malicious software obtained by accessing the application or any associated site or service; and bugs, errors, or inaccuracies of any kind.    You are and will remain responsible for all liabilities, financial or otherwise, incurred by Massy or a third party caused by or arising out of your breach of these Terms, your use of the Services. You agree to reimburse Massy or a third party for any and all such liability, to the extent not prohibited by applicable law. You are remain liable under these Terms of Use in respect of all charges and other amounts incurred through the use of the Services at any time, irrespective of termination, suspension or closure.  The terms of this Section will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.

20. LIMITATION OF LIABILITY:    Except as otherwise provided by law, in no event shall Massy, its direct or indirect subsidiaries, affiliates, agents, employees or representatives be liable for death, personal injury, property damage, or any incidental, special, indirect, punitive, exemplary or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of or damage to data, business interruption or any other commercial or financial damages, lost revenues, or other losses of any kind, arising out of these terms of use or in any way related to your use or inability to use any mobile card, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.  This Section shall survive any termination of these Terms of Use.

21. INDEMNIFICATION: You shall indemnify and hold MASSY, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Services, or (ii) any breach of the terms and conditions set forth in these Terms of Use by you, or other users of  your credentials. You must use your best efforts to cooperate with us in the prosecution or defence of any such claim. We have to employ counsel of our choice to defend and control of any such matter subject to indemnification by you. You have the right, at your own expense, to employ separate counsel to participate in such matter on a noncontrolling basis. The terms of this Section will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.

If, under any applicable law or regulation, or for any other reason, any payment under or in connection with this Agreement is made or falls to be satisfied in a currency (the “payment currency”) other than the currency in which such payment is due under or in connection with this Agreement (the “contractual currency”), then to the extent that the amount of such payment, when converted into the contractual currency at the rate of exchange, falls short of the amount due under or in connection with this Agreement, You, as a separate and independent obligation, shall  indemnify and hold harmless Massy against the amount of such shortfall and shall satisfy any shortfall on demand.

22. TERMINATION Massy, in its sole discretion, may terminate these Terms at any time, by giving you one month’s notice. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms. You may terminate these terms at any time by providing us with one month’s notice, such notice to be provided via email. Massy may at any time terminate these Terms with immediate effect by giving written notice to you if (i) you commit a material breach of any term of these Terms of Use or (ii) we are unable to verify your information or your information is deemed fraudulent or materially incorrect (iii) you are deemed bankrupt or (iv) as a result of a change in law or regulations making it contrary or burdensome for Massy to perform the Services (v) your use of the Services negatively impacts the Services or its software, systems or networks or(vi)due to your death. Upon termination of this Agreement, you accept that Massy will retain your personal and transactional data in keeping with its regulatory requirements.  You will not be able to access your information from the date of termination unless Massy, in its sole discretion, grants access to the information.  Any terms which by their nature should survive, will survive the termination of these Terms.

23. MISCELLANEOUS:    Your access to and use of the Services is subject to all applicable local laws and regulations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use. These Terms of Use (including all agreements and policies referenced in these Terms of Use, which are not modified or superseded by these Terms of Use) set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersede any prior or contemporaneous understandings or agreements with respect to such subject matter. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. We may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or any part of it, to any other party. Any attempt by you to do so is void. These Terms of Use shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. There are no third-party beneficiaries to these Terms of Use. If a dispute relates or arises from the subject matter of these Terms of Use, such dispute will be governed by the dispute resolution provision herein . The terms of this Section will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive. Massy APP, E Wallet and the Website and all intellectual property rights contained therein, including but not limited to any content, are owned or licenced by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights to any intellectual property in connection with these Terms of Use. Nothing in these Terms of Use grants you any legal rights to the Massy APP and/or the Website, other than as necessary to enable you to access the Services. You agree not to adjust or try to circumvent or delete any notices contained on the Digital Services (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained therein.

24. CHANGES TO THESE TERMS OF USE: We reserve the right to revise these Terms of Use at any time and you are deemed to be aware of and bound by any changes to these Terms of Use by your continued access to or use of the Digital Services or conduct of Digital Transactions. You will also be able to view the revised Terms of Use on your Supported Device. If you do not accept any revisions made to these Terms of Use, your sole and exclusive remedy is to cancel your use of and delete the E Wallet or Massy APP.

25. COMMUNICATION: As a condition to activating and using the Services, you consent to receive certain messages on your Supported Device (i.e., SMS, MMS) from us. You also agree to receive notices and other communications from us by phone call or e-mail to the e-mail address on file or through the messaging capabilities of the Digital Services.

26. NOTICES We can provide notice to you regarding these terms by posting the material on our website or through email at any email address you provide to us in connection with your account. You agree to update your contact information with us when it changes.