Legal
Terms of Service
AfricaPay
1. Acceptance of Terms
By accessing, registering for, or using AfricaPay's platforms, products, or services (including AfriX, AfriWallet, AfriPOS, and related APIs), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our services.
2. Description of Services
AfricaPay provides digital payment infrastructure, omnichannel merchant acquiring services, digital currency wallets, and fiat-to-crypto exchange services (including MoonPay integration via AfriX).
3. Account Registration and Customer Due Diligence (KYC/AML)
To prevent financial crime, AfricaPay operates under strict regulatory obligations in accordance with the Financial Intelligence Centre Act (FICA). By registering an account, you agree to the following:
- You must provide accurate and up-to-date information to establish and verify your identity, including full names, unique identifying numbers (such as an ID or Passport), and proof of residential or operating address.
- AfricaPay strictly prohibits the establishment of business relationships or the execution of transactions with anonymous clients or clients using false, fictitious, or disguised names.
- We reserve the right to request additional supporting documentation, such as independent confirmations, evidence of contracts, and proof of your source of funds or source of wealth, to ensure transactions align with your risk profile.
- For business accounts and legal entities, we mandate the identification of all related parties, including directors, authorized representatives, partners, and Ultimate Beneficial Owners (UBOs) holding 25% or more of the entity's voting rights.
- Special enhanced due diligence processes apply if you, your related parties, or close associates are classified as Domestic Prominent Influential Persons (DPIPs) or Foreign Prominent Public Officials (FPPOs).
4. Ongoing Monitoring and Compliance
AfricaPay applies a risk-based approach to actively monitor all client activities and transactions on a continuous basis.
- We continuously monitor transactions to identify any suspicious, unusual, or unlawful activities, or transactions that lack a clear business or legal purpose.
- AfricaPay screens all clients and authorized representatives against the UN Security Council Sanctions and Targeted Financial Sanctions (TFS) lists.
- We are legally obligated to report suspicious or unusual activities, as well as cash transactions exceeding prescribed thresholds (such as amounts over R24,999.00), to the Financial Intelligence Centre (FIC).
5. Prohibited Activities
You agree not to use AfricaPay's infrastructure for any illegal, fraudulent, or unauthorized purpose, including but not limited to:
- Money laundering or the financing of terrorist activities.
- Any transactions involving individuals, entities, or jurisdictions listed on international or domestic sanctions watchlists.
- Activities that seek to circumvent regulatory reporting duties or facilitate tax evasion.
- The trade of illegal goods, unregulated pharmaceuticals, or any activities associated with environmental crimes (such as illegal wildlife trade).
6. Account Suspension and Termination
AfricaPay reserves the right, at our sole discretion and without prior notice, to suspend or terminate your account, and to refuse any transactions or business relationships under the following conditions:
- If mandatory customer due diligence, identity verification, or source-of-funds inquiries cannot be satisfactorily completed.
- If we determine that effective mitigative measures cannot be implemented to adequately address any potential or existing risk posed by your activities.
- If there are reasonable doubts or suspicions regarding the accuracy, authenticity, or integrity of the information you have provided.
7. Limitation of Liability
AfricaPay shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services. This includes any financial losses, account suspensions, or transaction delays resulting directly from our enforcement of statutory compliance, KYC protocols, and risk management procedures. Furthermore, AfricaPay, its directors, and its employees are legally protected against civil or criminal actions when filing regulatory reports (such as STRs or SARs) in good faith.
8. Governing Law
These Terms of Service, and any disputes arising from your use of AfricaPay, are governed by and construed in accordance with the laws of the Republic of South Africa.
9. Amendments
We reserve the right to amend these Terms of Service at any time to reflect changes in our products, operational risk frameworks, or statutory obligations. Continued use of AfricaPay services following any modifications constitutes your acceptance of the revised Terms.