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.

3. SERVICE DESCRIPTION & PARTNERSHIP WITH EVMAK

3.1. Our Role: ClickPay acts as a technology service provider and payment facilitator. We provide the Platform, customer support, and user interface for the Services.

3.2. Evmak's Role: Evmak Tanzania Limited, our licensed partner, is the entity that:

    a. Processes all payment transactions.

    b. Solely holds all Customer Funds in segregated accounts in accordance with Bank of Tanzania regulations.

    c. Executes settlements to Users and Merchants.

    d. ClickPay does not at any time hold, control, or have ownership of Customer Funds.

4. SPECIFIC SERVICE TERMS

4.1. Escrow Service: Users agree on terms before funds are locked. Evmak releases funds only upon joint confirmation or a final decision by ClickPay's dispute resolution team. ClickPay's decision in any Escrow dispute is final and binding.

4.2. Pledge (Fundraising): The Pledge creator is solely responsible for the stated purpose and ethical use of contributed funds. ClickPay provides the tool but is not liable for a creator's misuse of funds or failure to deliver on promises.

4.3. Recharge and Get Paid / Referral Program: Earning commissions or bonuses may require an Upgraded Membership. Specific eligibility criteria, commission rates, and payout schedules are governed by separate program rules. Abuse of the referral system (e.g., fake accounts, self-referrals) is strictly prohibited and will result in account suspension and forfeiture of all earnings.

4.4. Pay by Installment: Failure to make scheduled payments may result in late fees, service suspension, and reporting to credit bureaus as permitted by law.

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