VertexPay Terms of Use
By accessing or using this website (www.vertexpay.co), any related digital platform, or our services, you agree to be bound by these Terms of Use. The Privacy Policy, Acceptable Use Policy, and Merchant Services Agreement (where applicable) are incorporated into these Terms by reference.
About Us
VertexPay (“we”, “us”, or “our”) is a Technical Services Provider (TSP) that powers secure, real-time digital payments by integrating with licensed Payment Service Providers (PSPs). Through our APIs, merchant dashboards, payment links, and online tools, we enable businesses, distributors, retailers, and individuals to accept payments via mobile money, bank transfers, debit/credit cards, and other payment channels across East Africa.
We operate as an independent technology provider. We do not control or assume liability for the products or services paid for using our technology, nor do we guarantee the identity or intentions of users or merchants. As such, we are not a party to any transaction between buyers and sellers.
These Terms form a legally binding agreement between you and VertexPay Technologies Limited. They outline your responsibilities, the limitations of our services, and potential risks associated with using our website or digital payment infrastructure.
Privacy Policy
We are committed to protecting your personal data in accordance with applicable data protection laws and global best practices. Our [Privacy Policy] details how we collect, use, share, and protect your data when you engage with any of our services or platforms.
Age Restriction
VertexPay’s services are intended for use only by persons aged 18 and above. We do not knowingly offer services to minors. If you are under 18, you must not access or use our services.
Disputes & Transaction Reversals
If you suspect an unauthorized or erroneous transaction has occurred through our platform, you agree to notify us immediately. We may attempt to investigate the matter but do not guarantee reversals or outcomes in favor of either party.
- β Disputes must be reported within 45 days of the transaction date. After this period, you forfeit the right to pursue any claims through us.
- β If a dispute arises between you and a merchant over products/services purchased using our technology, VertexPay is not liable for the quality or delivery of such products or services.
- β We may, at our sole discretion, assist in resolving disputes, but we are not obligated to do so.
To investigate any issue, you must provide your transaction ID and other necessary verification details.
Acceptable Use Policy
You are solely responsible for ensuring that your use of VertexPay complies with all applicable laws. By using our services, you also agree to abide by our Acceptable Use Policy, which prohibits fraudulent, abusive, illegal, or harmful conduct through our platform.
Disclaimers
We strive to maintain a reliable, secure, and high-availability platform, but: YOU USE VERTEXPAY AT YOUR OWN RISK.
Our website and services are provided “as is” and “as available” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee:
- β That our services will always be uninterrupted, timely, or error-free.
- β That our site will be secure or free from bugs or malware.
- β That third-party links or merchant websites are safe or trustworthy.
No oral or written advice given by VertexPay or its partners shall create any warranty.
Limitation of Liability
Under no circumstance shall VertexPay, its partners, employees, or affiliates be liable for any of the following:
- β Indirect or consequential damages
- β Loss of profit, revenue, or business
- β Loss of goodwill or data
- β Penalties, legal actions, or fines
Indemnification
You agree to indemnify and hold harmless VertexPay, its directors, employees, partners, and affiliates from any claim or demand (including legal fees) arising from your:
- β Use of the website or services,
- β Violation of these Terms,
- β Violation of applicable laws or third-party rights.
Jurisdictional Exclusions
Some jurisdictions may not allow exclusions of implied warranties or limitations of liability. If so, some of the disclaimers or limits above may not apply to you. In such cases, VertexPayβs liability will be limited to the minimum legally permissible level.
Modifications and Amendments
We may revise these Terms at any time without prior notice. Updates will be posted on this page with a revised effective date. You are responsible for reviewing these Terms regularly. Continued use of the website or services after changes constitutes acceptance.
Applicable Law
These Terms are governed and interpreted under the laws of the Republic of Kenya.
Dispute Resolution
In the event of any unresolved dispute, both parties agree to resolve the matter through arbitration under the Kenyan Arbitration Act, 1995 (as amended).
- β The arbitrator shall be appointed by mutual agreement or, failing that, by the Chairperson of the Chartered Institute of Arbitrators β Kenya Chapter.
- β Arbitration will take place in Nairobi, in English, and each party will bear its own legal and administrative costs.
Severability
If any section of these Terms is found to be unlawful or unenforceable by a court, it shall be severed, and the remainder of the Terms shall remain in full effect.
Service Suspension
We may temporarily or permanently suspend access to our platform or services (without liability) for reasons including system upgrades, third-party failures, or to mitigate security threats. Where possible, we will provide notice in advance of such interruptions.
If you do not agree to these Terms, please discontinue your use of our website and services.
