CLICKPAY AFRICA – TERMS AND CONDITIONS

Last Updated: 1st January 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement between you (the "User" or "Merchant") and ClickPay Africa Limited ("ClickPay," "we," "us," or "our") governing your access to and use of the ClickPay Africa payment platform and all related services (collectively, the "Services").

By registering for, accessing, or using any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. DEFINITIONS

1.1. "ClickPay" means ClickPay Africa Limited, the provider of the technology platform and facilitator of the Services.

1.2. "Evmak" means Evmak Tanzania Limited, a licensed Payment Service Provider regulated by the Bank of Tanzania, responsible for processing and safeguarding Customer Funds.

1.3. "User" means any individual who registers and uses the Platform for personal, non-commercial transactions (B2C).

1.4. "Merchant" means any registered business or individual who uses the Platform to accept payments for goods or services.

1.5. "B2B User" means a business entity using the Platform for transactions with other businesses or customers.

1.6. "Customer Funds" means all monies paid by Users or Merchants in connection with the Services, which are held and processed by Evmak.

1.7. "Platform" means ClickPay's ecosystem, including its website, mobile applications, USSD codes, APIs, dashboards, and all related software and systems.

1.8. "Escrow" means the secure payment service where funds are held by Evmak on behalf of a buyer and seller until pre-agreed transaction conditions are met.

1.9. "Pledge" means a user-initiated fundraising campaign created through the Platform.

1.10. "Services" includes, but is not limited to: mobile payments, Escrow, bill payments, airtime/data top-up, money transfers (Send/Request Money), Pay by Installment, Pledge management, Merchant payment tools, and the Recharge and Get Paid program.

2. ELIGIBILITY & REGISTRATION

2.1. To use the Services, you must:

    a. Be at least 18 years old and have the legal capacity to enter into a binding contract in Tanzania.

    b. Provide accurate, current, and complete information during registration and keep it updated.

    c. Use the Services only for lawful purposes.

2.2. Registration for a personal account requires a valid Tanzanian phone number. Merchants must complete a separate onboarding process.

4. SPECIFIC SERVICE TERMS

4.1 Escrow Service

Users must agree to transaction terms before funds are locked into Escrow. Funds are securely held by ClickPay and/or its licensed processing partner, including but not limited to Evmak, until release conditions are met.

In the event of a dispute:

• Once an Escrow dispute is opened, each party will be given seventy-two (72) hours to submit a defense and provide supporting evidence.

• Failure to submit evidence within the 72-hour window shall result in the dispute being decided in favor of the other party.

• ClickPay’s dispute resolution team will review all submitted materials and issue a final decision.

• Once a decision has been made, it shall be final and binding, and no appeal shall be permitted.

Funds will only be released upon:

• Joint confirmation by both parties; or

• A final determination made by ClickPay’s dispute resolution team.

4.2 ChangaSmart (Pledge / Fundraising)

Users may initiate a fundraising campaign (“Pledge”) through the ChangaSmart feature.

Process:

• A User initiates a Pledge.

• ClickPay Admin reviews and approves the request.

• Upon approval, the system generates a unique fundraising link.

• The Initiator may share the link via SMS, WhatsApp, email, or social media platforms.

• The Initiator may release collected funds to the designated Receiver.

The Pledge creator is solely responsible for:

• The stated purpose of the fundraising;

• The lawful and ethical use of contributed funds;

• Any representations made to contributors.

ClickPay provides the technology platform only and shall not be liable for misuse of funds, failure to deliver promises, or disputes between contributors and the Pledge creator.

4.3 Recharge and Get Paid / Referral Program

Participation in the Recharge and Get Paid program may require an upgraded membership.

Commission eligibility, payout thresholds, rates, and schedules are governed by separate program rules and may be modified at ClickPay’s discretion.

Strictly prohibited activities include:

• Creation of fake accounts

• Self-referrals

• Artificial transaction inflation

• Any manipulation of the commission structure

Violation of program rules will result in:

• Immediate account suspension

• Forfeiture of all pending or earned commissions

• Possible permanent termination

ClickPay reserves the right to audit any account participating in the referral program.

4.4 Split Bill Service

Under the Split Bill feature:

• Funds collected are securely held by ClickPay.

• The Bill Initiator has the authority to release the funds directly to the designated recipient.

• If the Bill Initiator cancels the bill before release, funds will be refunded to the respective contributors.

• Transaction fees and service charges may apply and may be deducted prior to refund.

ClickPay shall not be liable for disputes arising between contributors and the Bill Initiator.

4.5 Pay by Installment

Under the Installment Service:

• Funds paid are securely held until settlement or withdrawal conditions are met.

• A User may request cancellation of an installment agreement.

• The Merchant has the sole discretion to approve or reject the cancellation request.

The Merchant may withdraw funds at any time, subject to platform rules.

If the Merchant has already made a partial withdrawal of funds:

• The User shall no longer have the right to cancel the installment agreement.

Failure to make scheduled payments may result in:

• Late fees

• Service suspension

• Reporting to licensed credit reference bureaus as permitted under applicable law

ClickPay shall not be responsible for disputes relating to goods or services provided by the Merchant.

5. FEES

5.1. Fees for certain Services will be clearly disclosed to you before you confirm a transaction.

5.2. ClickPay reserves the right to modify its fee structure. We will provide at least 30 days' advance notice of any fee increase via email or in-app notification. Your continued use after the effective date constitutes acceptance.

6. USER AND MERCHANT OBLIGATIONS

6.1. You agree to:

    a. Comply with all applicable Tanzanian laws, including financial regulations, tax laws, and the Data Protection Act.

    b. Not use the Services for any fraudulent, illegal, or unauthorized purpose.

    c. Maintain the security and confidentiality of your account credentials.

    d. Immediately notify us of any unauthorized access or security breach at support@clickpayafrica.co.tz.

7. ANTI-MONEY LAUNDERING (AML) & KNOW YOUR CUSTOMER (KYC)

7.1. You agree to cooperate fully with our AML/KYC procedures, which are mandated by law and overseen by Evmak.

7.2. This may require you to provide additional identification documents (national ID, passport, business license) at our request. Failure to comply may result in account restriction or termination.

8. REFUNDS, CANCELLATIONS, AND DISPUTES

8.1. General Refunds: Are subject to the policy of the specific biller, Merchant, or service provider.

8.2. Escrow Refunds: Governed by the terms agreed by the transacting parties and subject to Clause 4.1.

8.3. Pledge Cancellations: Are at the discretion of the Pledge creator. ClickPay facilitates refunds if the creator initiates them but does not guarantee them.

9. PRIVACY AND DATA PROTECTION

9.1. Your privacy is important. All personal data is collected, processed, and protected in accordance with our Privacy Policy (available on our website) and the Tanzanian Data Protection Act.

9.2. Data necessary for payment processing is shared with Evmak under strict confidentiality agreements.

10. INTELLECTUAL PROPERTY

10.1. The Platform, its original content, features, functionality, logos, and QR code system are owned by ClickPay and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services as intended.

11. LIMITATION OF LIABILITY

11.1. To the maximum extent permitted by law, neither ClickPay nor Evmak shall be liable for:

    a. Any loss of profits, revenue, data, or goodwill, or any indirect, consequential, or incidental damages.

    b. Losses arising from your negligence (e.g., sharing your PIN), fraud, or violation of these Terms.

    c. Delays, failures, or errors caused by third-party networks, telecommunications providers, banks, or force majeure events.

    d. The actions or omissions of other Users or Merchants, including misuse of funds in a Pledge or Escrow transaction.

12. SUSPENSION AND TERMINATION

12.1. We may, at our sole discretion, suspend or terminate your access to the Services immediately, without liability or prior notice, if we believe you have violated these Terms, applicable law, or engaged in activity that poses a risk to the Platform, other users, or our partners.

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania.

13.2. Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in Dar es Salaam, Tanzania, in accordance with the Arbitration Act of Tanzania. You waive your right to a trial by jury or to participate in a class-action lawsuit.

14. MODIFICATIONS TO THE TERMS

14.1. We reserve the right to modify these Terms at any time. We will notify you of material changes via the email associated with your account or through a prominent in-app notice at least 15 days before they take effect.

14.2. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the new Terms.

15. CONTACT INFORMATION

For all inquiries, support requests, or to report a security concern, please contact:

• Customer Support: support@clickpayafrica.com

• Phone: +255 655 353535