Terms and Conditions
This Terms of Service is a legal agreement between you and Intouch Communications that governs
your access to and use of the Intouch Communications service as a purchaser of merchandise, goods,
or services. Please review this entire Terms of Service before you decide whether
to accept it and continue to use the service.
The following defined terms appear in this Terms of Service.
- "You", “you”, "Client" or "User": A Customer that applies to, or registers to use, or uses, the Service to make Payment Transactions.
- Customer: A person that registers with the Service as a Buyer or a Seller.
- Seller: A Customer that uses the Service to process Payment Transactions from Buyers.
- Payment Instrument: The mobile payment option that is registered by a Customer with the Service or credit card or debit card or mobile money enabled handset to facilitate the processing of Payment
- Payment Transaction: The processing of a payment through the Service that results transfer of funds from one party to another.
- Transaction Charge: The charge incurred during a transaction, on top of the amount being paid out or transfered, and related fees, or taxes as applicable.
- Service: The Intouch Communications service, described in this Terms of Service, that facilitates the processing of Payment Transactions.
- intouchPAY Account: Your account as created on this system, during the registration process.
- “We”, or “us”: Intouch Communications.
Requirements for Registration
In order to use the Service, you hereby consent to provide and agree to complete
all required information elements on the Service registration web pages. You undertake and agree to provide current, complete and accurate
information and maintain it as current and accurate. We may require you to provide
additional information as a condition of continued use of the Service, or to assist
in determining whether to permit you to continue to use the Service.
We, in our sole and absolute discretion, may refuse to approve or may terminate
existing registrations with or without cause or notice, other than any notice required
by any applicable law, and not waived herein.
By agreeing to this Terms of Service, you represent that you are:
- 18 years old or older; and
- capable of entering into a legally binding agreement.
Payment Transaction Processing
- The Service facilitates the processing of Payment Transactions for the different services offered by the service. The Service will store information
from users. We may delay payment processing of suspicious transactions
or transactions which may involve fraud, misconduct, or violate applicable law,
this Terms of Service, or other applicable Intouch Communications policies, as determined
in Intouch Communications ’s sole and absolute discretion. Authorisation to complete payment transactions wil be required in cases where there is a request for payment.
- You acknowledge and agree that you are not able to withdraw money from your IntouchPAY Account.
Limitations on the Use of Service
- We reserve the right to change, suspend or discontinue any aspect of the Service
at any time, including hours of operation or availability of the Service or any
Service feature, without notice and without liability. We also reserve the right
to impose limits on certain Service features or restrict access to parts or all
of the Service without notice and without liability.
We do not warrant that the functions contained in the Service will be uninterrupted
or error free, and we shall not be responsible for any service interruptions (including,
but not limited to, power outages, system failures or other interruptions that may
affect the receipt, processing, acceptance, completion or settlement of Payment
Transactions or the Service).
- We may limit or suspend your use of the Service at any time, in our sole and absolute
discretion. If we suspend your use of the Service, we will attempt to notify you
by electronic mail and/or SMS.
Username and Password Information
You are responsible for: 1) maintaining the confidentiality of your username and
password, 2) any and all transactions by persons that you give access to or that
otherwise use such username or password, and 3) any and all consequences of use
or misuse of your username and password. You agree to notify us immediately of any
unauthorized use of your username or password or any other breach of security regarding
the Service of which you have knowledge.
You understand and agree that personal information provided to us in connection
We do not charge a fee to use the Service to purchase goods or services as a Buyer.
Service fee may be applicable to other services provided, such as receiving payments
against requests issued by you to other Buyers.
Intouch Communications will provide various tools to assist Customers in communicating with each
other to resolve a dispute that may arise during usage of the service with respect
to their transaction. If Customers are unable to resolve a dispute, we can mediate
disputes if either party requests assistance.
Intouch Communications Not a Banking Institution
Intouch Communications processes Payment Transactions on behalf of Users. Intouch Communications is not a bank
or other chartered depository institution.
Termination of Service
We may, in our sole and absolute discretion without liability to you or any third
party, terminate your use of the Service for any reason, including without limitation
inactivity or violation of this Terms of Service or other policies we may establish
from time to time.
Upon termination of your use of the Service, you remain liable for all Payment Transactions fees and labilities
and any other obligations you have incurred. Upon termination, we have the right
to prohibit your access to the Service, including without limitation by deactivating
your username and password, and to refuse future access to the Service by you.
Limitations of Liability; Force Majeure
Intouch Communications shall not be liable to the User in the event of any disruption of the Service
or the Payment Platform or any part thereof resulting from Force Majeure and Intouch Communications
may suspend the Service or part thereof in such an event. Force Majeure for purposes
of this Terms of Service means any situation or event that makes it impossible for
Intouch Communications to perform its obligations and includes but is not limited to any act of
God such as lighting, floods, earthquakes, prohibitive decisions made by the government
or local authority or civil war conflict and industrial strikes as well as any global
or partial dysfunction of the Service caused by disruption or suspension of the
Jurisdiction; Governing Law
This Terms of Service shall be governed in all aspects in accordance with the Laws
of Rwanda and a court of complete jurisdiction in Rwanda shall determine every claim
or dispute arising out of or in connection with this Terms of Service.
Modification of Terms of Service
We have the right, in our sole and absolute discretion, to change, modify, or amend
any portion of this Terms of Service at any time by posting notification on Intouch Communications
Web Site or otherwise communicating the notification to you. The changes will become
effective, and shall be deemed accepted by you, after the initial posting and shall
apply on a going-forward basis with respect to Payment Transactions initiated after
the posting date. In the event that you do not agree with any such modification,
your sole and exclusive remedy is to terminate your use of the Service.
SCHOOL FEES PAYMENT SERVICE
TERMS AND CONDITIONS OF USE
The following Terms govern your use of intouchPAY for the School Fees Payment Service. Please read the following carefully; by accepting the Terms and using the Site you are agreeing to abide by the Terms.
When used herein the terms below have the following meanings:
"You" and "Your" means both individuals and business organizations unless otherwise indicated. "Student" means a person for whom a payment is being made, including you if you are the student.
(A) OWNERSHIP OF WEBSITE
IntouchPAY is a third party service provided by Intouch Communications . Your school or school District does not own or operate the Site.
(B) USE OF THE SITE
IntouchPAY is primarily used to make payments to your student's school ("Prepayments") for goods and services sold by the school.. The Site can also be used to obtain information about the student's account balance and payment history.
(C) STUDENT INFORMATION
All Student Information is kept secures. Exchange of information between IntouchPAY and your school is provided using IntouchPAY's proprietary information transfer software. Student Information is not displayed, sold, or used in any way other than verification of student identity and in accordance with your school's policies and our agreement with the school.
(D) COST OF USE
The service is free of charge for use by the School. Charges are incurred by the student / Parent during payment. These charges are set by the payment service providers ( Mobile Money service providers). Notification of the fee will be displayed during the payment process.
(A) Payments can be made using a Mobile Money. Payments are sent directly to your school's mobile money account. intouchPAY does not receive, hold or transfer any funds.
(C) Use of Payments by your student's school is governed exclusively by your agreement or arrangement with the school. intouchPay is not responsible for the school's handling of payments.
(D) Payments are processed immediately. However, if the school uses multiple payment options, it is up to the school to syncronise the payments so that student data can bekept accurate.
You will create your own username and password to use intouchPay. You shall be responsible for protecting the confidentiality of the user password and should not permit any other person to use your password.
intouchPAY DOES NOT PROVIDE ANY REFUNDS OF FEES OR PAYMENTS. All refunds will be provided by the school or Mobile Money Service Providers directly and will be subject to the conditions imposed by the school and / or Mobile Money Service Providers.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(A) THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY (1) THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES, TECHNICAL MALFUNCTIONS OR OTHER DEFECTS OR HARMFUL COMPONENTS, (2) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, (3) WITH REGARD TO ANY GOODS OR SERVICES OFFERED BY OR PURCHASED FROM YOUR STUDENT’S SCHOOL OR (4) AS TO THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY OF THE DATA AND/OR PROGRAMS AVAILABLE AT, COMMUNICATED BY OR TO, AND TRANSMITTED BY, THIS SITE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INFORMATION IS PROVIDED, RECORDED AND TRANSMITTED "AS IS". YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INFORMATION OR WARRANTY PROVIDED TO YOU BY YOUR STUDENT'S SCHOOL, FOR ANY ACTIONS OR OMISSIONS OF YOUR STUDENT’S SCHOOL, OR FOR ANY CHANGES IN OR DISCONTINUANCES OF THE SERVICES PROVIDED BY YOUR STUDENT’S SCHOOL.
(B) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SITE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UN-TIMELINESS OR NON-AUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SITE.
(C) IN NO EVENT WILL WE BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATIONS RELATED TO THE SITE WHICH ARE OCCASIONED BY OCCURRENCES OR CONTINGENCIES CONSIDERED 'FORCE MAJEURE', INCLUDING, BUT NOT LIMITED TO, DELAY CAUSED BY STRIKE, LOCK OUT, LABOR DISPUTES, DISASTERS, FIRE, FLOOD, ACCIDENT, INVASION, RIOT, WAR, REVOLUTION, EMBARGO, RESTRAINT, ACTS OF GOD, DISEASE, EPIDEMIC, PUBLIC HEALTH CRISIS, SUBSTANTIAL INCREASES IN THE PRICE OF GOODS OR MATERIALS OR OTHER COSTS, FAILURE OF ELECTRONIC EQUIPMENT, SOFTWARE AND/OR INTERNET SERVICE, INABILITY TO OBTAIN TRANSPORTATION OR MATERIALS, SHORTAGE OF FUEL, FAILURE OF TECHNOLOGY, BREACH OR DEFAULT BY A SUPPLIER, DEMAND OF THE UNITED STATES OR ANY OTHER GOVERNMENT, YOUR FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS AGREEMENT, OR ANY OTHER CAUSE OR CONTINGENCY BEYOND OUR CONTROL WHICH SHALL PREVENT OR MATERIALLY IMPAIR US FROM PERFORMING IN THE NORMAL AND USUAL COURSE OF OUR BUSINESS IN A PROFITABLE FASHION.
(D) IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE UPON THE SITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intouch Communications reserves the right to refuse service or terminate your account at any time. If a user fails to resolve an issue with any unfavorable circumstances associated with their account, or for any other reason deemed appropriate by Intouch Communications , this user’s account may be terminated at the discretion of Intouch Communications . Whenever feasible Intouch Communications will attempt to contact the user and resolve any unfavorable circumstances; however, you may not be contacted before your account is deactivated should the circumstances warrant an immediate suspension of services.
IntouchPAY and all related logos, products and services contained in, described in or provided by the website are trademarks or registered trademarks of ours; any unauthorized use of same is strictly prohibited and all rights in same are reserved by Intouch Communications . The website is our property and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The content, and the selection, coordination, arrangement and enhancement of such content, are our property. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, or business processes in whole or in part. Nothing contained herein shall be construed as conferring, by implication, estoppels or any other legal theory, a license or right to any patent, trademark, copyright or other intellectual property right of ours.
You agree to defend, indemnify and hold us, and our affiliates, and our and their respective officers, employees, agents and contractors, harmless from and against all claims, demands, liabilities, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from your use of the website, any act or omission by you or your student, a payment and/or any act or omission by your student's school or Mobile Money Service Provider.
(A) Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the website constitute the entire agreement between you and us with respect to your use of the website, and supersede all prior or contemporaneous understandings or agreements (written or oral) between the parties with respect to such subject matter. If any provision in this Agreement is held by the arbitrator or other applicable authority to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(B) Change in Terms. We reserve the right at any time to change, add to or delete any aspect or feature of the website and the terms and conditions of this Agreement, including, but not limited to, with respect to fees for use. We will provide notice of any such changes either by posting notice to the website, by email or as otherwise required by law. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such changes.
(C) Applicable Laws. This Agreement is governed by the laws of Rwanda without regard to its conflict of laws provisions. Any dispute or claim arising out of or in relation to this Agreement or the Site, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Mandeville, LA, under the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and we agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrator shall have no authority to award, punitive or exemplary damages against the other party.
(D) Waiver. Any waiver of our rights must be in writing and signed by us. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.